2. INTRODUCTION
India has worlds largest democracy with
population of 1.1 billion. It is diverse
country with number of languages, religions,
cultures etc.During the past decades also
the economic and industrial growth of the
country has been extremely fast.
Increasingly serious environmental
degradation events during the last century
have given a strong impetus to the need for
taking effective steps of environmental
protection.
3. Environmental protection law in
india
Constitution of india has a number of provisions
demarcatings the responsibility of the central and
state/governments towards ‘environmental
protection’. The constitution of india makes
provision for environmental protection in the
chaptersa on:
Fundamental Rights
Directive Principles of State Policy
Fundamental Duties
The parliament of india has passed several acts ands
laws in order to protect the environment.
4. Features and objectives of the Act
The Environment (Protection) Act, 1986 (passed in
March 1986 and came into force on 19 Nov. 1986).
1. The E.P. Act was enacted under Art.253 of the
Constitution of India.
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.
5. Contd…..
The Act makes the central government, the repository
of wide powers.
(whereas the Water (Prevention and Control of
Pollution) Act, 1974 and the Air (Prevention and
Control) Act, 1981 entrust the task of control of
pollution on agencies created by the statute namely
state and central pollution control boards.)
Rule making power of the Central Govt. is the main
feature of this Act.
6. Contd…….
The objective of the E.P. Act is much wider in
comparison to water Act and Air Act.
(While the Air Act and Water Act deal with
prevention and control of specific kinds of pollution,
the E.P. Act deals with prevention and control of all
sorts of pollution.
Besides prevention and control, the Act aims at
protection and improvement of the Environment.
7. Scheme of the act
The Act consists of –
(a) 26 Sections divided into four chapters.
Chapter I – Secs. 1 and 2 (PRELIMINARY)
Chapter II – Secs. 3 to 6 (GENERAL POWERS OF THE
CENTRAL GOVERNMENT)
Chapter III – Secs. 7 to 17 (PREVENTION, CONTROL, AND
ABATEMENT OF ENVIRONMENTAL POLLUTION)
Chapter IV – Secs. 18 to 26 (MISCELLANEOUS)
(b) Seven Schedules dealing with emission standards of air, noise,
effluents etc. have been appended to the Act.
(c) Various Rules Including Environment (Protection) Rules have been
framed under the Act
8. Environment Pollution - Meaning
Sec. 2 ( a ) of the Act defines the term
Environment. “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, micro-organism and property.”
9. Contd….
Sec. 2 (b) defines Environmental Pollutant:
“environmental pollutant" means any solid,
liquid or gaseous substance present in such
concentration as may be, or tend to be,
injurious to environment.
10. Contd.
Sec. 2 (c) defines environmental pollution:
"environmental pollution" means the presence in the
environment of any environmental pollutant
11. General Powers of the Central
Government
1. To take all necessary measures for prevention,
control and abatement of environmental pollution.
Sec. 3(1)
2. such measures are enlisted in sec. 3(2)
3. Authorities can be constituted . Sec. 3(3)
4. Appointment of Officers. Sec. 4
5. To issue Directions and orders. Sec. 5
12. TAKE MEASURES TO PROTECT AND IMPROVE
ENVIRONMENT
(1) Subject to the provisions of this Act, the Central
Government, shall have the power to take all such
measures as it deems necessary or expedient for
the purpose of protecting and improving the
quality of the environment and preventing,
controlling and abating environmental pollution.
(2) In particular, and without prejudice to the
generality of the provisions of sub-section (1), such
measures may include measures with respect to all
or any of the following matters, namely:--
13. Contd….
(i) co-ordination of actions by the State
Governments, officers and other authorities-
(a) under this Act, or the rules made
thereunder, or
(b) under any other law for the time being in
force which is relatable to the objects of this Act;
(ii) planning and execution of a nation-wide
programme for the prevention, control and
abatement of environmental pollution;
14. Contd..
(iii) laying down standards for the quality of
environment in its various aspects; (iv)
laying down standards for emission or discharge of
environmental pollutants from various sources
whatsoever;
(v) restriction of areas in wchich any industries
,operations or processesor class of industries
,opertaions or processes shall not be carried out or
shall be carried out subject to certain safeguard;
15. (vi) laying down procedures and safeguards
for the prevention of accidents which may
cause environmental pollution and remedial
measures for such accidents;
(vii) laying down procedures and safeguards
for the handling of hazardous substances;
(viii) examination of such manufacturing
processes, materials and substances as are
likely to cause environmental pollution;
(ix) carrying out and sponsoring investigations
and research relating to problems of
environmental pollution;
16. Water prevention and pollution control
act
It was a shame on us that we the people of India
had to legislate an act for preventing and
controlling pollution of WATER by our own
countrymen.
The law of the land can not provide non
contaminated Milk to the children; can not provide
non contaminated eatables to the people of India
and not even pure water.
Shame on the regulators who for their greed for
money let the enemies of common man of India, to
pollute the water of Rivers and streams.
Shame on Indian Industrialists and municipalities
which discharge untreated water in the Rivers.
Is this the Indian Culture? We have not prosecuted
the offenders of the acts for polluting our sacred
Rivers.
17. The Water (Prevention and
Control of Pollution) Act, 1974
The need for legislating the act was felt in the year
1962, it was the same year when Independent India
fought its first war with China. A committee was set
up in 1962 to draw a draft enactment for the
prevention of water pollution.
The object for legislating the act was given as “ It is,
therefore, essential to ensure that the domestic and
industrial effluents are not allowed to be discharged
into the water courses without adequate treatment as
such discharges would render the water unsuitable
as sources of drinking water as well as for supporting
fish life and for use in irrigation. Pollution of rivers
and streams also causes increasing damage to the
country’s economy.”
18. Pollution defined in the Act
It means such contamination of water or such alteration of
the physical, chemical or biological properties of water or
such discharge of any sewage or trade effluent or of any
other liquid, gaseous or solid substance into water (whether
directly or indirectly) as may, or is likely to, create a
nuisance or render such water harmful or injurious to
public health or safety, or to domestic, commercial
industrial agricultural or other legitimate uses, or to the life
and health of animals or plants or of aquatic organisms.
(section 2(e) of the Act)
20. Meetings of the Board
A board shall meet at least once in every three months
and shall observe such rules of procedure in regard to the
transaction of business at its meeting as may be
prescribed.
Provided that if, in the opinion of the Chairman, any
business of an urgent nature is to be transacted, he may
convene a meeting of the Board at such time as he thinks
fit for the aforesaid purpose
21. Powers and Duties of the
Member Secretary of the Board
Member Secretary of a Board is the only
member of the Board who is appointed and
not nominated by the State Government.
He is the only one who has to be full time
Member of the Board.
He is the only one whose term as a member of
the Board is not fixed for three years.
The terms and conditions of service of the
Member-Secretary has to be prescribed by the
State Government.
22. well for disposal of polluting
matter, etc;
There are prohibitions on the persons against
causing or permitting any poisonous, noxious or
polluting matter for entering whether directly or
indirectly into any stream or well or sewer or on
land, above than the standards laid down for the
same. [section 24(1)(a)]
The prime object of the Act as declared in
the preamble and embodied in the
provisions of Section 24 is to provide for
prevention and control of water pollution
and the maintaining and/or restoring of
wholesomeness of water. Therefore,
provisions ar made to prevent direct or
indirect entry into any stream, well or
polluting water.( Dahyathai Soanki v. State of
Gujrat, 2003 Cr. L. J. 767 at p. 772)
23. Penalty and procedure
Whoever fails to comply with any directions given under
sub section (2) or sub section (3) of Section 20 within
such time as may be specified in the direction shall, on
conviction, be punishable with imprisonment for a term
which may extend to three months or with fine which
may extend to ten thousand rupees or with both and in
case the failure continues, with an additional fine which
may extend to five thousand rupees for every day during
which such failure continues after the conviction for the
first such failure.
If the failure referred above continues beyond a period of
one year after the date of conviction, the offender shall
on conviction be punishable with imprisonment for a
term which shall not be less than two years but which
may extend to seven years and with fine.
24. The Air (prevention and control
of pollution) Act, 1981
The presence in air, beyond certain
limits, of various pollutants
discharged through industrial
emission and from certain human
activities connected with traffic,
heating, use of demestic fuel,
refuse incinerations, etc; has a
detremental effect on the health of
the people as also on animal life,
vegetation and property.
The Central Government legislated
the bill to implement the decisions
taken regarding the preservation
of the quality of Air and control of
air pollution, in Stockholm in the
United Nations Conference on the
Human Environment, held in
June, 1972. (source Gazette of
India, Extraordinary, Pt. 11,
Sec. 2, dated the 24th
November, 1980)
25. Definitons
“Air pollutant” means any solid, liquid or gaseous
substance including noise present in the atmosphere in
such concentration as may be or tend to be injurious to
human beings or other living creatures or plants or
property or environment.
“Approved appliance” means any equipment or gadget
used for the burning of any combustible material or for
generating or consuming any fume, gas or particulate
matter and approved by State Board for the purpose of
this Act.
“Approved fuel” means any fuel approved by the State
Board for the purposes of this Act.
“Chimney” includes any structure with an opening or
outlet from or through which any air pollutant may be
emitted.
“Control equipment” means any apparatus, device,
equipment or system to control the quality and manner
of emission of any air pollutant and includes any device
used for securing the efficient operation of any
industrial plant.
26. Bodies constituted to enforce
the Act
Central Pollution Control Board constituted under
section 3 of the Water (Prevention and control of
Pollution) Act, 1974 was authorized to exercise the
powers and performs the functions for the
prevention and control of air pollution.
State Pollution Control Boards constituted under
section 4 of the Water (Prevention and control of
Pollution) Act, 1974 was authorized to exercise the
powers and performs the functions for the
prevention and control of air pollution
27. Function of central board
The main functions of the Central Board is to
improve the quality of air and to prevent, control
or abate air pollution in the country
►Advice the Central Government on any matter
concerning the improvement of the quality of air
and the prevention, control or abatement of air
pollution.
►Provide technical assistance and guidance to
the State Board, carry out and sponsor
investigations and research relating to problems
of air pollution and prevention, control or
abatement of air pollution.
►Perform such of the functions of any state
board as may be specified in an order made under
sub-section 2 of section 18
►lay down standards for the quality of air.
►Collect and disseminate information in respect
of matters relating to air pollution.
28. National Minimum
Standards for Air
Quality
The new National Minimum standards for
Air Quality has been notified by the CPCB
under sub-section (2)(h) of section 16 of the
Act on 18th November 2009, and has been
made effective from that date, for whole of
India
In the new notification only two categories
of area has been created Eco Sensitive Areas
(notified by Central Government) and non
Eco Sensitive Area.
31. Standards for Emissions of air
pollutants
Till The Environment (Protection) Act, 1986
was legislated by the Parliament of India,
the State Boards were having powers to lay
down the standards for air pollutants to be
discharged in the atmosphere, under clause
(g) of sub-section (1) of Section 17.
Since 1986, Central Government has been
issuing Standards for Emissions under the
provisions of Environment protection Act
and its Rules. These standards has been
specified in schedule 1 to VI of the
Environment (Protection) Rules 1986.
Central Board or State Boards may specify
more stringent standards than those
specified in schedule 1 to VI of the EP Rules.
32. ATTENTION
The Air Act is a beneficial legislation which is
enacted for the purpose of proper maintenance of
nature and health of public at large. Hence, even if it
is possible to have two opinions on the construction
of the provisions of the Act, the one which advances
the object of the Act and is in favour of the people at
large for whose benefit the Act is Passed, has to be
accepted. (AIR 2005 S.C. 3136)
33. Few words
We really thank everyone of you who have
given his or her little time to view this
presentation and request that an immediate
action be taken if you are an authority to do so
or must write to Ministry of Environment and
Forests for taking action till it is too late.
This ppt was prepared with the sincere guidance
of respected
H.A KADIYA
Thank you…