The document summarizes key Indian environmental protection acts and legislation. It discusses acts related to water pollution prevention (Water Act 1974), air pollution prevention (Air Act 1981), forests (Forest Act 1927, Forest Conservation Act 1980), wildlife protection (Wildlife Protection Act 1972), biodiversity (Biodiversity Act 2002), and the overarching Environmental Protection Act 1986. The acts established pollution control boards, placed restrictions on industries and activities affecting the environment, and enshrined principles of sustainable development and the polluter pays into Indian law, helping transition India from a period of unchecked environmental degradation to one with stronger legal frameworks for environmental protection.

1. ENVIRONMENT AND POLLUTION
CONTROL ACTS
By
Dr. Venkatesarlu Gogana

2. Environment by
EPA, India
 Environment.
includes water, air
and land and the
inter- relationship
which exists among
and between water,
air and land, and
human beings, other
living creatures,
plants,
microorganism and
property.

3.  Prior to the existence of environmental laws, the environment was severely
degraded.
 A profiting polluter and everyone else pays to clean the environment.

4. Evolution of Environmental
laws in India
World Ecological Era
1960’s
UN Conference on the
Human Environment
(Stockholm Conference)
1972
Water act
1974
Water Cess Act
1977
42nd Constitutional
Amendment- Article
48; Article 51-A (g);
Concurrent list
1976
Air Act
1981
Environmental
Protection Act
1986

5. Role of India
 Constitution-Indian constitution is perhaps one of the rare
constitutions of the world which contains specific provisions relating to
Environmental protection
 India is a signatory to many Environmental treaties

6. Constitutional
Provisions
related to Env
Fundamental Duty
 Article 51A(g) Fundamental duty of citizen
Fundamental Right
 Article 21 Right to life (Right to live in pollution free
environment) and the Right to livelihood
 Article 19 Freedom of speech and expression. (PIL)
 Article 39(e) Health and strength of workers
 Article 32 Right to constitutional remedies (Writ Jurisdiction and
PIL)
Directive Principles of State Policy
 Article 48A Protection and improvement of environment by
State
 Article 49- Protection of monuments
 Article 51-International peace and security

7. International concern for environmental protection
 International concern for Sustainable Development
 UN conference on Human Environment and Development-Stockholm-1972
 Result-Stockholm Declaration on the Human Environment
 Report of the world commission on Environment and Development-1987-Brundtland
Commission
 Sustainable Development Concept
Definition
“Sustainable development is the development that meets
the needs of the present without compromising the ability
of the future generations to meet their own needs”

8. Environmental
Legislations
 Water Legislation
 Water Act, 1974
 Water Cess Act, 1977
 Air Legislation
 Air Act, 1981
 Forest And Wildlife Legislation
 The Indian Forest Act, 1927
 The Wildlife Protection Act,
1972 and Amendment Act of
1991
 The Forest Conservation
Act, 1980
 The Scheduled Tribe and
Other Traditional Forest
Dwellers Act, 2006
 Biodiversity Act, 2002
 Environmental Act, 1986

9. The Earth
Summit-
 The United Nations conference on
Environment and Development (UNCED)
popularly known as Earth Summit-1992 at
Rio de Janeiro-
 150 Governments participated
 Earth summit was inspired by Brundtland
report 1987

10. The Water
(Prevention and
control of
pollution) Act,
1974
 Definition of water pollution is relative-’harmful
or unfit for intended use”.
 Section 19 to 33A- measures to prevent water
pollution
 Principle- Control pollution at source and make
polluter pay
 Issue of permits for discharge; prohibition of
use of stream for discharge (without permission)
 Formation of SPCB & CPCB

11. The Water (Prevention and Control Act) , 1974
 The objectives of the Water (Prevention and
Control of Pollution) Act are to provide for the
Prevention and Control of Water Pollution and the
maintenance or restoration of the wholesomeness
of water
 prevention and control of water pollution, for
conferring on and assigning to such Boards
powers and functions relating thereto and for
matters connected therewith.

12.  The Water (prevention and control of pollution) Act, 1974
 Water is the State subject
 Parliament can not legislate on water subject
 States have to agree for parliament legislation
 Majority States resolved for parliament legislating
 Parliament therefore, passed the water Act

13. Water being a State Subject, Parliament can exercise the power to legislate
on water only under Article 252 of Const Of India.
Chapter I Preliminary Sec 1&2
Chapter II Central and State boards for prevention and control of water.
Sec. 3-12
Chapter III Joint Board Sec 13-15
Chapter IV Power and functions of board Sec 16-18
Chapter V Prevention and control of water Sec19-33
Chapter VI Fund Accounts and Audit Sec 34-40
Chapter VII Penalties and procedure Sec 41-50
Chapter VIII Miscellaneous Sec 51 -64

14. Salient features of the Act (Water Act)-
 To prevent and control water pollution
 To maintain wholesomeness of water
 To establish control on State Boards for prevention and
control of pollution
 To empower the Boards for prevention/control of pollution
 To provide penalties for contravention of the provisions of
the Act
 To establish control on state water testing laboratories.

15. Main functions of the Central pollution control Board
a) Advise the Central Govt. for control of pollution of water
b) Co-ordinate the activities of the State Boards
c) Provide technical assistance and guidance to State Boards
d) Plan and organise training
e) Media program organising
f) To perform functions of the State Board in case of default
g) Collect and public technical date
h) Lay down standards for stream/well
i) Plan and organize pollution control programs
j) Establish laboratories for testing

16. Functions of State Boards
a. Plan and control/abate pollution of water
b. Advise State Govt. on matters of water pollution
c. To collect and spread information
d. To investigate and conduct research in matters of pollution
e. To work in tune with CPCB
f. To inspect sewerage or trade effluents
g. To lay down standards of sewerage/trade effluents etc.

17.  To create methods of effluent disposal/sewerage disposal
a) in land
b) in water
c) in stream etc.
To prevent discharge of waste into water
To advise Govt. with respect to location of polluting industries

18. The Water
(Prevention and
control of
pollution) Cess
act, 1977
 Levy of cess and on water consumed
 To augment resources for SPBP and CPCB
Other related legislations
 The Easement Act, 1882- private right to
groundwater resource
 Indian Fisheries Act,1897- Use of explosive for
fishing
 The River Boards Act, 1956- Enrollment of Central
Govt in inter-state rivers
 The Merchant Shipping Act, 1970- Discharge from
Ship near coasts

19. Air (Prevention
and Control of
Pollution) Act,
1981
 Act to fulfill Stockholm Agenda
 Similar to Water Act
 Formation of SPCB and CPCB
 Noise pollution as a form of air pollution
[Section 2(a)]

20.  The objective of this Act is to provide for the prevention, control and
abatement of air pollution,
 for the establishment, with a view to carrying out the aforesaid purposes,
of Boards,
 for conferring on and assigning to such Boards powers and functions
relating thereto and for matters connected therewith.
 Decisions were taken at the United Nations Conference on the Human
Environment held in Stockholm in June 1972, in which India participated,
 to take appropriate steps for the preservation of the natural resources of
the earth which, among other things, includes the preservation of the
quality of air and control of air pollution.
 Therefore it is considered necessary to implement the decisions foresaid
in so far as they relate to the preservation of the quality of air and
control of air pollution.
The Air (Prevention and Control Act) 1981

21. Chapter I Preliminary Sec 1&2
Chapter II Central and State boards for prevention and
control of Air. Sec. 3-15
Chapter III Power and functions of board Sec 16-18
Chapter VI prevention and control of air pollution Sec 19-31
Chapter V Fund Accounts and Audit Sec 32-36
Chapter VI Penalties and procedure Sec 37-46
Chapter VII Miscellaneous Sec 47-54

22. Functions of Central Board
a) Advise Central Board
b) Coordinate Activities
c) Provide Assistance
d) Organize Training
e) Campaigning and Media
f) To perform functions of state boards during
emergencies, in the interest of public.
g) Publish handouts, bills and Technical literatures.
h) Organize nation wide programmes

23.  Under this act the CPB plays a major role in
control/abatement of pollution
 It has to advise Central Government for improvement of
Air quality
 It has to prevent air pollution
 Co-ordinate the activity of state pollution control boards
 Chapter VI of the air act relates to prevention and
control of air pollution
 The state governments in consultation with the Board
declare air pollution control areas
 Alter air pollution control areas
 Declare new air pollution control areas

24.  The act provides for control of emission from auto
mobiles
 It also restricts certain industries on the basis of air
pollution
 It declares the level of air pollutants as per standards
 It applies to the courts to restrain persons from
polluting
 Just like water act it gives power to PCBs to enter
and inspect the factory.

25. Other relevant
legislations
The Factories Act, 1987- Concern for working
environment of workers
The Atomic Energy Act, 1982- Deals with
radioactive waste and emissions
The Motor vehicles Act, 1988- All hazardous waste
to be properly packages, labelled and transported

26. The Indian Forest
Act, 1927
(1865,1878)
 Establishes three kinds of forest-
Reserve forest, Protected
forest and Village forest.
 Provisions for land not under
government control
 Power vested with Forest Officer

27. The Forest
Conservation act,
1980
 In response to rapid decline in
forest cover in India and to fulfill
constitutional obligation under
Article 48A
 With a view to check
deforestation
 Issue of approval for diversion of
forest land for developmental
needs.

28. The Forest Conservation Act 1980
1 Short title, extent and commencement
2 Restriction on the preservation of forests or use of forest land.
3 constitution of advisory committee.
3A Penalty for contraventions of the provisions of the Act.
3B Offences by authorities and government departments.
4 Power to make rules.
5 Repeal and saving.

29. The Wildlife
Protection
Act, 1972
 Protection of listed species of flora and fauna
 The act empowers the Central and State Government
to declare any area a wildlife sanctuary, national park
or closed area.
 There is a blanket ban on carrying out any industrial
activity in the limits
 Provides authorities to regulate hunting, protection of
specific species etc.

30. Wild life protection Act 1972
Objectives
1. Decline of wild animals and birds : matter of concern
2. Wild animals and birds have become extinct
3. Protection afforded to wild life in national parks and Sanctuaries
needs to be improved
4. Wild Birds and Animals Act 1912 has become outmoded.
5. State laws outdated and provide punishment not commensurate
with the offences.
6. Existing laws relate to only hunting and do not address offences
like Texidery, Trade off in wildlife and products derived there from
7. Existing laws neither adequate nor satisfactory

31. The Act seeks to
1 Constitute Wild life Board for each State.
2 Regulate hunting of wild animal and birds.
3 Laydown procedures for declaring areas as Sanctuaries and National Parks.
4 Regulate possession, acquisition or transfer of, or trade in wild animals,
animal articles, trophies and Texidermy.
5 Provide penalties for Contravention of the Act.
5A Constitution of National Board for Wild Life

32. Functions of National
Board
 It shall be the duty of NB to
promote the conservation and
development of wild life and
forests by such measures as it
thinks fit.
 Without prejudice to the
generality of foregoing
provision, the measures
referred to therein may
provide for :
 Framing policies and advising
on ways and means of
promoting wild life
conservation and controlling
poaching, illegal trade of wild
life and its products.
 Making recommendations on
setting up of Sanctuaries and
National parks and on
restricting activities in these
area.
 Carrying out or causing to be
carried out impact assessment
of various projects and
activities on wild life and its
habitat.
 Receiving time to time progress
made in the field of wild life
conservation and suggesting
ways to improve it.
 Preparing and publishing status
report on wild life in country
once in two years.

33. The Scheduled
Tribe and Other
Traditional
Forest Dwellers
Act,2006/Forest
Right act, 2006
 Aimed at giving rights over forest lands to
traditional forest dwellers
 Ministry of Tribal Affairs is the nodal
agency, established in 1999
 The Act grants four types of rights- Title
rights, Use rights, Relief and
development rights, Forest management
rights.
 Gram Sabha introduced

34. Biodiversity Act
2002
 National Biodiversity Authority
 Regulation of acts prohibited
under the Act
 Advise the Government on
conservation of biodiversity
 Advise the Government on
selection of biological heritage
sites

35. The Environmental Protection Act,
1986
 EPA followed the Bhopal Gas Tragedy as an umbrella legislation to fill gaps in
existing laws
 Decline of environmental quality due to pollution, loss of vegetation cover
etc.
 Existing legislations focused on specific aspects of environment, which left
gaps such as handling hazardous material and industrial safety.
 Central govt. is the authority
 Implementation authority maybe decided by the central govt.
 Setting standards, regulating location of industry, management of public
health

36. Environmental Protection Act 1986
 That the purpose of the Act is to implement the decisions
made at the United Nations Conference on Human
Environment held at Stockholm in June 1972, in which India
had actively participated.
 The Act seeks to supplement the existing laws on control of
Pollution by enacting a general legislation for environmental
protection and to fill the gaps in regulations relating to major
environmental hazards.
 The Environment (Protection) Act, 1986 was introduced as an
umbrella legislation that provides a holistic framework for the
protection and improvement to the environment.

37.  In terms of responsibilities, the Act and the associated Rules
requires for obtaining environmental clearances for specific
types of new / expansion projects (addressed under
Environmental Impact Assessment Notification, 1994) and
 for submission of an environmental statement to the State
Pollution Control Board annually.

38. Concept behind Act borrowed from proclamation adopted by UN
conference on Human Environment 5th to 16th June 1972 Stockholm
• Chapter I Preliminary Sec 1&2
• Chapter II General powers of Central Govt. Sec 3-6
•Chapter III Prevention, Control and Abetment of
Environmental Pollution. Sec 7-17
•Chapter IV Miscellaneous 8 -16

39. Section 3 - POWER OF CENTRAL GOVERNMENT TO TAKE
MEASURES TO PROTECT AND IMPROVE ENVIRONMENT
1. co-ordination of actions by the State Governments, officers and other
authorities
2. planning and execution of a nation-wide programme for the prevention,
control and abatement of environmental pollution;
3. laying down standards for the quality of environment in its various
aspects;
4. laying down standards for emission or discharge of environmental
pollutants from various sources whatsoever
5. restriction of areas in which any industries, operations or processes or
class of industries, operations or processes shall not be carried out or
shall be carried out subject to certain safeguards;
6. laying down procedures and safeguards for the prevention of accidents
which may cause environmental pollution and remedial measures for
such accidents;
7. laying down procedures and safeguards for the handling of hazardous
substances;

40. 8. examination of such manufacturing processes, materials and substances as are
likely to cause environmental pollution;
9. carrying out and sponsoring investigations and research relating to problems of
environmental pollution;
10. inspection of any premises, plant, equipment, machinery, manufacturing or
other processes, materials or substances for prevention, control and
abatement of environmental pollution;
11. establishment or recognition of environmental laboratories and institutes
12. collection and dissemination of information in respect of matters relating to
environmental pollution;
13. preparation of manuals, codes or guides relating to the prevention, control and
abatement of environmental pollution;
14. such other matters as the Central Government deems necessary or expedient
for the purpose of securing the effective implementation of the provisions of
this Act.

41. THE OBJECTIVES AND STRAGIES OF NEW
NATIONAL ENVIRONMENTAL POLICY
(2006)

42. THE OBJECTIVES AND STRAGIES OF NEW NATIONAL
ENVIRONMENTAL POLICY (2006)
1. Conservation of critical Environmental resources
2. Efficiency in Environmental resource use
3. Inter-generational Equity
4. Environmental Governance in the management of resources
5. Enhance of resources
6. Livelihood security for the poor
7. Integration of Environmental concerns for socio-economic development

43. STRATEGY FOR CONSERVATION OF ENVIRONMENTAL
RESOURCES
 1. Reduce land degradation
 2. conservation of forest
 3. Wild life conservation
 4. Protection of Bio-diversity
 5. Saving wet lands
 6. Conservation of manmade heritage
 7. Special attention for environmental sensitive zones
 8. Strategy for sustainable mountain development
 9. Strategy for sustainable coastal resources
 10. Conservation of fresh water resources

44. POLICY FOR POLLUTION ABATEMENT
Reduce the following:
1. Water pollution
2. Air pollution
3. Noise pollution
4. Soil pollution

45. National Environmental
Policy, 2006

46. Why NEP, 2006?
 The National Forest Policy, 1988
 National Conservation Strategy and
Policy Statement on Environment and
Development, 1992
 Policy Statement on Abetment of
Pollution, 1992
 National Agriculture Policy, 2000
 National Population Policy, 2000
 National Water Policy, 2002
Need for Comprehensive Policy to fill gaps
Response to national commitment
mandated in constitution

47. The dominant theme of this policy is
that while conservation of
environmental resources is
necessary to secure livelihoods and
well-being of all, the most secure
basis for conservation is to ensure
that people dependent on particular
resources obtain better livelihoods
from the fact of conservation, than
from degradation of the resource.

48. Objectives of NEP, 2006
Conservation of
critical
environmental
resources
Intra-generational
equity: livelihood
security for the
poor
Inter-
generational
equity
Integration of
environmental
concerns in economic
and social
development
Efficiency in
environmental
resource use
Environmental
governance
Enhancement of
resources for
environmental
conservation

49. Strategies and
actions
1. Regulatory Reform
2. Enhancing and Conserving
Environmental Resources
3. Environmental Standards,
Management Systems, Certification,
and Indicators
4. Clean Technologies and Innovation
5. Environmental Awareness,
Education, and Information
6. Partnerships and Stakeholder
Involvement
7. Capacity Building
8. Research and Development
9. International Cooperation
10. Review of Implementation

50. End of presentation

51. T H A N K Y O U