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Acid rain Acid rain is rainfall that has been acidified.

EPA-1986
Rain is acidified by oxides of sulfur and nitrogen. Acid Need for Environmental Protection Law Although there were the existing laws
dealing directly with several environmental matters, which were focus on specific
rain usually has a pH of less than 5.6. Acid rain is types of pollutions or on specific categories. There were also existed uncovered
formed when pollutants called oxides of sulfur and gaps in areas of major environmental hazards. There are inadequate linkages in
handling matters of industrial and environmental safety. Control mechanisms to
nitrogen, contained in power plant smoke, factory guard against slow, insidious build up of hazardous substances, especially new
smoke, and car exhaust, react with the moisture in chemicals in the environment are weak. It was necessary to have the general
legislation for environmental protection.
the atmosphere. Dry deposition, such as soot and Emergence of ACT- A-Growing risks of environmental accidents and threat to life
ash, sleet, hail, snow, smog and low level ozone are support system. Environmental risks took place in at the UN conference at
forms that acid rain can take, despite its name. Stockholm in June 1972. The Government of India participated in the conference
and strongly voiced the environmental concerns. It was further considered
Causes Acid rain can be caused by many things. necessary to implement the decisions aforesaid and –The Environment (Protection)
Industrial emissions from factories and power plants Act 1986 came into existence. Preamble- Its preamble makes it clear that the EPA
1986 has the following objective- Protection of Environment.Improvement of
that burn fuels such as natural gas, coal or oil, emit Environment.Prevention of hazards-to human beings and other living creatures
smoke that gives off oxides of sulfur and nitrogen is including plant and property. In ND Jayal v/s UOI- court held that to ensure
sustainable development is one of the goals of EPA 1986 and it is quite
one cause. Another cause is vehicles (e.g. cars, buses) necessary to guarantee right to life under Art 21. If the act is not armed with
that burn gasoline and diesel. The exhaust emitted by the powers to ensure sustainable development, it will become the barren
burning these fuels contains sulfur dioxide, an oxide shall.

of sulfur. Also, vehicles that have gas engines will Define Offences of Companies under EPA1986.(2007)S(10). Company- a/c to
produce oxides of nitrogen, another cause of acid section 16- company means anybody corporate, and includes a firm or other
association of individuals and director in relation to a firm, and partner in a
rain. One other cause is home fires giving off smoke firm. Where any offence under this act has been committed by a company, every
that contains sulfur dioxide. Some fairly minor causes person who, at the time the offence was committed, was directly in charge of, and
was responsible to, the company for the conduct of the business of the company, as
are natural causes which are volcanoes, swamps and well as the company, shall be deemed to be guilt of the offence and shall be liable to
rotting plants giving off sulfur dioxide. Natural causes be proceeded against and punished accordingly. The any such person liable to any
only account for 10% of the pollution causing acid punishment provided in this Act , if he proves that the offence was committed
without his knowledge or that he exercised all due diligence to prevent the
rain. Effects and Problems There are many problems commission of such offence. Were an offence under this Act has been committed by
and effects caused by acid rain. Acid rain can cause a company and it is proved that the offence has been committed by a company and
it is proved that the offence has been committed with the consent or connivance of,
buildings, statues and bridges to deteriorate faster or is attributable to any neglect on the part of, any director, manger, secretary or
than usual. Another problem is it harms thousands of other office of the company such director, manager, secretary or other office shall
also be deemed to be guilty of that offence and shall be liable to be proceeded
lakes, rivers, and streams worldwide. It disrupts lake against and punished accordingly. Vicarious criminal liability Municipal
ecosystems and kill wildlife in affected lakes, rivers corporation of India v/s Dev Raj- court held that it is well settled principle of law
and streams. Acid rain also damages soil and the tree that vicarious criminal liability cannot be attached unless all the conditions for
binding such liability are proved.
roots in it. When soil is acidified, tree roots are
damaged, leaving them not able to draw in enough
nutrients to support the tree. When acid rain falls on
trees, it makes their leaves turn brownish-yellow and
the tree can no longer carry out photosynthesis
properly. Another problem is it will harm people
when they breathe in smog, acid rain in one of its
many forms. Acid rain can also harm people
indirectly. This happens when people eat fish caught
in affected lakes or rivers. Also, if the water source is
acidic enough, it will react with copper or lead pipes
to harm humans. It also washes aluminum into the
water supply. Birds can be harmed if they live in
affected waters or feed on fish living in affected
waters.
Possible Solutions There are many possible solutions to the acid rain problem.
One is to use fuels that burn more cleanly. Another solution is to burn coal more
efficiently. Power plant and factory chimneys can be fitted with scrubbers that
release 90-95% sulfur free smoke and also produces sludge from which gypsum,
a building material, can be produced. This problem can also be solved by
enforcing tight emission standards on vehicles that burn gas and diesel. One
other solution is fitting devices such as a catalytic converter into car exhaust
pipes to minimize the amount of sulfur dioxide in car exhaust.
What We Can Do We can do things to help solve the acid rain problem. We can
cut back on car use by walking, cycling, using public transit or carpooling. We
can also help by turning off electrical devices not in use such as lights and
computers.
EPA-1986- Features Planning and execution of Programme- The CG will plan and execute the national wide
Need for Environmental Protection Law Although there were the existing programme for the prevention, control and abetment of environment pollution. Laying
laws dealing directly with several environmental matters, which were focus down stander - the CG laying down the standers for the followings- 1. Quality of
on specific types of pollutions or on specific categories. There were also Environment and its various aspects.2. Emission or discharge of environmental pollutant
existed uncovered gaps in areas of major environmental hazards. There are form various source. Demarcation of Area- restrictions of areas in which any
inadequate linkages in handling matters of industrial and environmental industries, operations or process or class of industries, operations or process shall not
safety. Control mechanisms to guard against slow, insidious build up of be carried out or carried out subject to certain safeguard. Procedures laying down- CG
hazardous substances, especially new chemicals in the environment are will laying down the procedure for preventing the accidents which may caused the
weak. It was necessary to have the general legislation for environmental environmental pollution and remedial measure for such accident Procedures for
protection. hazardous substance- CG will lay down the procedure for handing the hazardous
Emergence of ACT- A-Growing risks of environmental accidents and threat substance.Examination- CG will examine such manufacturing process, materials and
to life support system. Environmental risks took place in at the UN substance which are likely to cause the environment.Research- carrying out and
conference at Stockholm in June 1972. The Government of India sponsoring investigations and research relating to problem of environmental pollutions.
participated in the conference and strongly voiced the environmental Inspections- inspections of any premises, plant, equipment, machinery, manufacturing
concerns. It was further considered necessary to implement the decisions or other process to take steps for prevention, control, and abetment of environmental
aforesaid and –The Environment (Protection) Act 1986 came into existence. pollutions. Establishment of environmental laborites.- the government will establish,
Preamble- Its preamble makes it clear that the EPA 1986 has the following recognized, for preventing the environmental pollution.Data Collection- the government
objective- Protection of Environment.Improvement of will collect the environmental pollution related data, and publish the same.Preparations
Environment.Prevention of hazards-to human beings and other living of rules. The government will prepare the manuals, codes or guidelines relating to the
creatures including plant and property. In ND Jayal v/s UOI- court held preventions, control, and abetment of environmental pollutions Section 3(3) -
that to ensure sustainable development is one of the goals of EPA 1986 constitute an authority or authorities -the CG may constitute an authority or
and it is quite necessary to guarantee right to life under Art 21. If the authorities under this Act for the purpose of exercising and performing such of the
act is not armed with the powers to ensure sustainable development, powers and functions.Section 4. Appointment of officers and their powers and
it will become the barren shall. functions- the CG may appoint officers with such designations as it think fit for the
Section-2(a)- defines environment – environment includes water, air and purpose of this ACT, and may entrust them such of the powers and functions under this
land the interrelationship which exists among and between water, air and as which deems necessary. Section 5 Powers to give directions. The CG under this ACT
land, and human beings, other living creatures, plants micro-organism and issue direction in writing to any person, officer or any authority and such person, officer
property. Section 2(b)-defines environmental pollutant- environmental or authority shall be bound to comply with such directions. Approach of Court- CNG
pollutant means any solid, liquid or gaseous substance present in such Buss- In MC Mehta V/s Union of India- court held that to protect the health of the
concentration as may be, or tend to be, injurious to environment. Section present and future generation and to protect and improve the environment, the non CNG
2(e)-defines hazardous substance-hazardous substance means any buses were phased out and ordered for the use of CNG buses. Environmental
substance or preparation which, by reason of its chemical or physico- awareness- (MC Mehta v/s UOI) A public interest petition were filed seeking direction
chemical properties or handling, is liable to cause harm to human beings, from the apex court to create the public awareness towards the environmental protection
other living creatures, plants micro-organism, property or the environment. and improvement. And the court held that citizens informed is an obligation of the
General Powers of the Central Government. Section 3 under Chapter II government. Prohibition to establish industries- in AP Pollution Control v/s MV
of this Act describe what shall be the power of Central Government for the Nayadu- court held that State Government can not grant exemption to a specific
purpose of protecting and improving the quality of the Environment and industry locate or attempt to locate itself in a area which is prohibited under this
preventing, controlling and abating environmental pollutions. In MC Mehta act.
v/s UOI- court held that the CG is empowered 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 environment pollution.
Water prevention and Control Act 1974
Explain the duties and liabilities of the person carrying on industry, Object – the object of this Act is to PREVENTION, CONTROL OF WATER POLLUTION AND
operation or handling hazardous substance under EPA1986 CONSTITUTE THE CENTER AND STATE BOARD-Pollution – Section 2(e)- means such
Section 7- No person carrying on any industry, operation or process contamination of water or such alteration of the physical, chemical or biological
shall discharge or emit or permit to be discharged or emitted any properties of water or such discharge of any sewage or trade effluent or of any other
environmental pollutant in excess of such standard as may be liquid, gaseous or solid substance into water(whether directly or indirectly) as may, or is
prescribed. In MC Mehta v/s UOI- on Pollution of Ganga Water case SC likely to create a nuisance or render such water harmful or injurious to public health or
held that- discharge or emittance or permission to discharge or emit of safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to
any environmental pollutant in excess of standards is strictly prohibited. the life and health of animals or plant or of aquatic organisms.
The SC has issued the directions to the concerned authorities to control Outlet Section 2(dd)- includes any conduit pipe or channel , open or closed, carrying
and prevent the pollutant of Ganga Water at Kanpur. Inter alia, being- sewage or trade effluent or any other holding arrangement which causes, or is likely to
Prevention form the waste gathered at the dairies. cause, pollution. CENTRAL AND STATE BOARD FOR PREVENTION AND CONTROL OF
Enlargement of sewers and construction of sewers were absent; WATER POLLUTIONConstitution of CB- Section3- Central government constitute a
Provision for public latrines to avoid use of open land. central board to be called the Central Pollution Board to exercise the powers conferred
High court not ordinarily staying criminal proceedings in such on and perform the functions assigned to that board under this act. Section 3(2). The
matters. central board consist the following members- Chairman- A full time chairman, a person
Ensuring that corpses or half cremated bodies are not thrown in the having special knowledge or practical experience in environmental matters like
river. protection of environment, having knowledge and experience in administrating
Allowing that new industries get licenses only after making institutions dealing. (1) Members- a maximum of five officials who are nominated by
provision for treatment of effluents and immediate action against the central government to present central government.(max 5). Members – a
existing polluting industries. maximum of five members who are nominated by the central government among the
Central government to include environment as a subject in State Board not exceeding two shall be form those referred in clause (c) of sub clause 2
educational institutions. of clause 4.. (max 5).Members- a maximum of 3 members nominated by central
Section8- persons handling hazardous substance to comply with government to represent the interest of agriculture fishery or industry or trade.(max
procedural safeguards- 3)Members- two members to represent companies/corporations owned controlled /
The position under section 8 is a mandatory requirement as the word managed by the central government. (2) Secretary- a full time member secretary,
“shall” connotes. Every person who handles or causes to be handles possessing qualification knowledge and experience of scientific engineering or
any hazardous substance defined under section 2(e) of this Act shall management aspect of pollution control.(1)
be bound to follow the procedure and observe the safeguard. Ajay
constructions v/s Kakateeya Nagar Corporative housing society ltd- Section 4 –Constitution of State board Chairman- A full time chairman, a person
It has been held by the court that there is an absolute liability on the having special knowledge or practical experience in environmental matters like
part of those who are engaged in construction work, particularly of protection of environment, having knowledge and experience in administrating
multi storeyed structures, not to commit nuisance by letting out institutions dealing. (1)Members- a maximum of five officials who are nominated by the
effluent from their drainage system. MC Mehta v/s Union of Indi- State government to present central government.(max 5).Members – a maximum of
Oleum gas leakage SC held that u/Art 32 of constitution the court is five members who are nominated by the State government not exceeding two shall be
empowered to award compensation to the environment victim. MC among the members of the local authorities functions within the sate. (max
Mehta v/s UOI- Primary treatment Plant SC held that a tannery which 5).Members- a maximum of 3 members nominated by central government to represent
cannot set up a primary treatment plant cannot be permitted to continue the interest of agriculture fishery or industry or trade.(max 3)Members- two
to be in existence for the adverse effect on the public life at large. Kinkri members to represent companies/corporations owned controlled / managed by the
Devi v/s State of Himachal Pradesh- Court held that – to ensure the central government. (2)Secretary- a full time member secretary, possessing
attainment of the constitutional goal of the protection and improvement qualification knowledge and experience of scientific engineering or management aspect
of the natural wealth and environment and of the safeguarding of the of pollution control.(1)Terms of office-A member of a board other then a member
forest, lakes, rivers and wildlife and to protect the people inhabiting the secretary, shall hold office for a term of 3 years from the date of his nominations.All
vulnerable areas form the hazardous consequences of the arbitrary member other then the member secretary can resign form their office.Chairman to
exercise of granting mining lease and of indiscriminate operation of the Center or State government and members to the Chairman shall submit their
mines on the strength of such leases without property, the court will be resignation.If any member of a board other then the member secretary vacated his
left with effectively by issuing appropriate writs, orders and directions seat if he absent without reason, from 3 consecutive meeting of the board.
including the direction as to closure of the mines the operation whereof Disqualifications Become insolvent or has suspended payment of his debts or has
is proving to be hazardous and the total prohibitions of the grant or compounded with his creditors. Unsound mind, declared by the competent
renewal of mining lease till the government evolves a long term plan court.Convicted of an offence. Has directly or indirectly by himself or by any partner, any
based on a scientific study with a view to regulating the exploitation may share or interest in any firm or company carrying on the business of manufacture, sale or
not arise even in those cases where the court’s jurisdiction is invoked if hire of machinery, plant, equipment, apparatus etc. for the treatment of a sewage or
the administration takes preventive remedial and curative measures trade effluents.So abused the post in the interest of general public interest. Meeting of
meanwhile. - Direction for insurance of workman MK Sarma v/s BEL Board One in every 3 months. Associate member with the board shall have right to
SC held that every workman and officer working in sensitive areas of the part in the discussion but not right to cast his vote. Section 16 Functions of Central
factory must be insured for Rs 1 lakh and Rs 2 lakh respectively apart Board
from the general insurance policies. Object- Main function of the central board shall be to promote cleanliness of
Section 10(2)- every person carrying on any industry, operation or streams and wells in different area of the state. And establish and recognized the
process or handling any hazardous substance shall be bound to render laboritries. Advice- to advice the central government on any matter concerning the
all assistance to the person empowered by central government under prevention and control of water pollution. Coordination- coordination the activities of
sub section (1) of section 10 for carrying out the functions under that sub the sate board and resolve the disputes.Assistance- to provide technical assistance and
section and if he fails to do so without any reasonable cause or excuse, he guidance to the state board, carry out and sponsor investigations and research relating to
shall be guilty of an offence under this act. problems of water pollution, and preventions, control or abatement or water pollutions.
Training- organizes training of persons engaged or to be engaged in programmed for the
preventions and control or abatement of water pollution. Awareness programme-
organize comprehensive programme regarding the prevention and control of water
pollution through mass media. Also perform the national wide program. Discharge the
functions- perform such of the functions of any State Board as may be specified in
subsection 2 of section 18. Data collection- collect, compile, and publish technical and
statistical data relating to water pollution and measures devised for its effective
preventions. Prepare manuals, codes or guides relating to treatment and disposal of
sewage and trade effluents and disseminate information concerned herewith. Lay down
the standers- lay down the stander in consultation with the state government
concerned, the slandered for a stream or well, having regard to the quality of water, flow
characteristics of the stream or well and the nature of the use of the water in such stream
or well Perform such functions as may be specified. Establish and recognized the
laboratories- establish or recognized a laboratory or laboratories to enable the board to
perform its functions under this section for analysis of samples of water from any
stream or well or any sewage or trade effluents.

Constitution of State Board 1974 Section 17- A State board shell be


constituted. Planning- to plan a comprehensive program for the prevention, Preventions and Control of Water pollutions
control or abatement of pollution of streams and wells in the state. Advice- to Stream well- Power to survey - the state board or any officer on its behalf , may
advice the state government on any matter concerning the prevention control make a survey of any area and gauge and keep records of the flow or volume and
or abatement of water pollutions. Research- to increase conduct and other characteristics of any stream or well in such area, and may take steps for
participate investigations and research relating to problems of water pollution the measurement and recording of the rainfall in such areas or any part thereof
and prevention, control or abatement of water pollution. Training- in and for the installation and maintenance for those purposes of gauges or other
collaboration with the central board organizing the training of persons apparatus and works connected herewith and carry out stream surveys and may
engaged or to be engaged in programs relating to prevention, control or takes such other steps as may be necessary in order to obtain any information
abatement of water pollutions, and organize mass education programme. required for the purposes aforesaid. Power to directions A state board may give
Inspections- to inspect sewage or trade effluents, works and plants for the direction requiring any person who in its opinion is abstracting water from any
treatment of sewage and trade effluents and to review plans, specifications or such stream or well in the area in quantities which are substantial in relation to
other data relating to plants set up for the treatment of water, works for the the flow or volume of that stream or well or is discharging sewage or trade
purification thereof and system for disposal of sewage or trade effluents. Lay effluent into any such stream or well Power to entry or inspection- the
down standard- to lay down annul effluents standards for the sewage and purpose of examine any plant , record, documents etc. the board has power to
trade effluents and for the quality of receiving water. Specially taking into seizing any such plant, record, documents etc if he has reason to believe that it
account the minimum fair weather dilution available in that stream and the may furnish evidence of the commission of an offence punishable under this act.
tolerance limits of pollution permissible in the water of the stream after Prohibition on use of stream or well for disposal of polluting matter-
discharges of effluents. Evolve reliable method of treatment- to evolve Section 24- a person shall be guild of a offence if he do the following activities.
economical and reliable methods of treatment of sewage and trade effluents No person shall knowingly cause or permit any poisonous, noxious or polluting
having regard to the peculiar conditions of soils, climate and water resources matter determined in accordance with such standards as may be laid down by
of different regions and more especially the prevailing flow characteristics of the state board to enter. Into any stream or well or sewer or land. No person
water in streams and wells. Method of utilization- to evolve methods of shall knowingly cause or permit to enter into any stream any other matter which
utilization of sewage and suitable trade effluents in agriculture. Advice the may tend either directly or in combination with similar matters, to impede the
government- to advice the state government with respect to the location of proper flow of the water of the stream in a manner leading or likely to lead to
any industry the carrying on which is likely to pollute a stream or well. substantial aggravation of pollution. Exceptions – no person shall be guilty of
Establishment of laborites.- the board may establish the laboratories. offence under section 24 if he- Constructing improving or maintaining in or
across or on the bank or bed of any stream any building, bridge, weir, dam, sluice,
dock pier, drain or swear or other permanent works which he has to right to
construct, improve or maintain. Depositing any materials on the ban k or in the
bed of any stream for the purpose of reclaiming land or for supporting, repairing
or protecting the bank or bed of such stream provided such materials are not
capable of polluting such stream. Putting into any stream any sand or gravel or
other natural deposit which has flowed from or been deposit by the current such
stream. With the consent of state board. Restrictions on new outlets and new
discharges Section 25- prohibited any new establishment, any industry,
operation or process or any system which is likely to discharge sewage or trade
effluent into a stream or well or sewer or on land, without the consent of the
state board. Emergency powers- stream well Section 32 defines the
emergency measures in case of pollution of streams well-
Where it appears to the board that any poisonous, noxious or polluting matter is
presented in any stream or well or has entered into that stream or well due to
any accident or other unforeseen act or event and board considered that it is
necessary to expedient to take immediate action, it may or reasons to be
recorded in writing carry out such operations as it may consider necessary for all
or any of the following purposes: Removing that matter for such stream or well.
Remedying or mitigating any pollution caused to such stream or well. Issuing
orders immediately restraining or prohibiting the person concern form such
discharge. Penalties Who every fail to comply the direction given under
subsection 2 or sub section 3 of section 20 (power to obtain information).On
conviction be punishable with imprisonment for a term which may extend to
3months or fine of 10,000 or both and additional fine of 5,000/ per day or both.
Who ever fail to comply the direction given under section 32 ( emergency
measure incase of pollution). Punishable with imprisonment for term which shall
not be less than one year and six month but which may extend to 6 years and
with fine or both and additional fine of 5,000 per day.

AIR PREVENTION & CONTROAL OF POLLUTION ACT 1981 Statement Air Pollution Constitution of board-Chairman: There would be one(1)
object and reasons with the increasing industrialization and tendency of chairman for the board, who has the special knowledge of environment along
majority of industries, which make the acute problem when industrialization with practical knowledge. He will be nominated by the State Govt, for full time
are happen on more densely populated area.The presence in air, beyond the or part time. Members of Board: Not exceed more than 5, and nominated by
certain limits of various pollutants discharged through industrial emissions state government and representative of state government.Local Authorities
and from certain human activities. In the UN conference on the Human Representatives: Not exceed more than 5, and nominated by state government
Environment held in Stockholm in June 1972, in which Indian participated and representative of local authorities. Industry Representatives: Not exceed
decisions were taken to take appropriate stapes for the preservation of the more than 3, and nominated by state government and representative of any
natural resources of the earth which, among other things, include the industry, trade, agriculture. Company Representatives: Not exceed more than
preservation of the quality of air and control of air pollution. The government 3, and nominated by state government and representative of any company or
has decided to implement these decisions of the said conference in so far as the the corporations owned or controlled or managed by the state. Sectary: he is
preservation of the quality of air and control of air pollutions The Act covers the the full time member. Total number of Board according to above mentioned
two aspect of Air pollution: Prevention: The establishments which came into max limit is 17. But the maximum number of total number of board should
force after 1981, which cause the pollution need to be prevented. Remedy: the not be exceeding to 15.The State board is a legal person:
establishment which establish before the commencement of this act Disqualifications- Section 8
(before1981), they will also service but they have to use/set the stander which a) Become insolvent or has suspended payment of his debts or has
controlled the Air Pollution under Air prevention and control of pollution Act compounded with his creditors.
1981, this is the remedial action. Terminology -Air Pollutant (Air b) Unsound mind, declared by the competent court.
Pollutant): Means any solid, liquid or gaseous substance, including noise c) Convicted of an offence.
present in the atmosphere in such concentration as may be or tend to be d) Has directly or indirectly by himself or by any partner, any share or
injurious to human begins or other living creatures or plant or property, or interest in any firm or company carrying on the business of
environment. Note: The work NOISE included in this act through Amendment manufacture, sale or hire of machinery, plant, equipment, apparatus
Act 1987. Air Pollution: Means the presence in the atmosphere of any Air etc. for the treatment of a sewage or trade effluents.
pollutant. Central Board: The central pollution control board, under Section 3 e) So abused the post in the interest of general public interest.
of water (Prevention and control of Act 1947). State Board: In relation to Meeting of board- once in a every 3 months
state in which the (water Prevention and control of pollution Act 1974) is a) Advice- to advice the central government on any matter concerning
infrared, and the state government is constituted for that state, a state the prevention and control of water pollution.
pollution controlled board under section .4 of that act, the said State board and b) Coordination- coordination the activities of the sate board and
second in relation to any other state the state board for the prevention and resolve the disputes.
control of Air pollution constitute by the state government under section 5 of c) Assistance- to provide technical assistance and guidance to the state
this Act. Control equipments: Any apparatus, devise, equipment or system to board, carry out and sponsor investigations and research relating to
control the quality and manner of emission of any pollution includes any problems of water pollution, and preventions, control or abatement
devise use for securing the efficient operation of any industrial plan. or water pollutions.
Emission: Any solid or liquid or gaseous substance coming out of any d) Training- organizes training of persons engaged or to be engaged in
chimney, duct or any other outfit.Occupier: In relation to any factory or programmed for the preventions and control or abatement of water
premises means the person who has control over the affair of the factory of the pollution.
premises and includes in relation to any substance the person in possession of e) Awareness programme- organize comprehensive programme
the factory. regarding the prevention and control of water pollution through mass
media. Also perform the national wide program.
f) Discharge the functions- perform such of the functions of any State
Board as may be specified in subsection 2 of section 18.
g) Data collection- collect, compile, and publish technical and statistical
data relating to water pollution and measures devised for its effective
preventions. Prepare manuals, codes or guides relating to treatment
and disposal of sewage and trade effluents and disseminate
information concerned herewith.
h) Lay down the standers- lay down the stander in consultation with
the state government concerned, the slandered for a stream or well,
having regard to the quality of water, flow characteristics of the
stream or well and the nature of the use of the water in such stream
or well.
i) Perform such functions as may be specified.
Establish and recognized the laboratories- establish or recognized a
laboratory or laboratories to enable the board to perform its functions under
this section for analysis of samples of water from any state.

Constitution of State Board e) state board.


Section 17- A State board shell be constituted. f) Such other conditions which state board specified.
a) Planning- to plan a comprehensive program for the prevention,
control or abatement of pollution of streams and wells in the Krishna Gopal v/s state of UP- court held that manufacturing of medicines by
state. installing a boiler in a residential area cause the pollution and it should be remove
b) Advice- to advice the state government on any matter in consideration of public health.
concerning the prevention control or abatement of water
pollutions. MC Mehta v/s UOI court held that- conditions in the consent order relating to
c) Research- to increase conduct and participate investigations power plant were not complied with and the action could be taken.
and research relating to problems of water pollution and
prevention, control or abatement of water pollution. MC Mehta v/s UOI court SC held that- chlorine gas is dangerous to the lice and public
d) Training- in collaboration with the central board organizing the health, so food and fertilizer industries were imposed stringent conditions to carry on
training of persons engaged or to be engaged in programs such productions sot that such eventuality may be preventive.
relating to prevention, control or abatement of water pollutions, Chaitanya Pulverising Industry v/s Karnataka State Pollution Control Board-
and organize mass education programme. The Act are preventive in the case of industries yet to be established and remedial
e) Inspections- to inspect sewage or trade effluents, works and in case of industry already in existence. The duty of the board to mitigate the
plants for the treatment of sewage and trade effluents and to emission of air pollutants and actions may be taken on violations.
review plans, specifications or other data relating to plants set Silence Zone: 100 meters area from hosp ital, school et c. PA systems
up for the treatment of water, works for the purification thereof are not allo wed in si lence zone. St ate can authorized to DM or Police
and system for disposal of sewage or trade effluents. Commis sion for controlling t he S ilence z one.
f) Lay down standard- to lay down annul effluents standards for Plannin g Gu ide li nes: Planni ng authorit y w ill t ake int o the No ise
the sewage and trade effluents and for the quality of receiving Pollution cons ideration bef ore pla nn in g a ny townsh ip .
water. Specially taking into account the minimum fair weather PA system allo wed i n closed area.
dilution available in that stream and the tolerance limits of Cas e Reference:
pollution permissible in the water of the stream after discharges Dhanlal v/s Dhakur Ch it ter S i ng AIR 1959 MP 24 0
of effluents. It la id dow n certain pr inc iple what need to be done
g) Evolve reliable method of treatment- to evolve economical Sadashiva v/s Rangapa AIR 1 919 Madras 1185
and reliable methods of treatment of sewage and trade effluents In th is case SC held t hat amo unts to actionable nucense
having regard to the peculiar conditions of soils, climate and Cas e Laws
water resources of different regions and more especially the CHURCH OF G OD ( FULL G OS PEL) I N I NDIA V . K.K .R. MAJ ESTI C COL ONY
prevailing flow characteristics of water in streams and wells. WELFARE AS S OCI ATION & ORS [200 0] I NSC 458 (30 August 200 0)
h) Method of utilization- to evolve methods of utilization of Art 25 & 26 Freedom of Reli gion sub ject Public Morality , Publ ic order
sewage and suitable trade effluents in agriculture. and Public
i) Advice the government- to advice the state government with Helth.
respect to the location of any industry the carrying on which is FORU M, P REVENTI ON OF ENV N. & S OU ND P OLLUTI ON V . UNI ON OF
likely to pollute a stream or well. INDIA & AN R [20 05] I NSC 61 6 (28 October 2005)
j) Establishment of laborites.- the board may establish the In th is case SC la id do wn cert ain gu idel ine:
laboratories. Fire Crackers:
Prevention and control of Air pollutions On com parison of two syste ms t hat is the present s ys te m of evaluating
Section19- the fire crackers on the basis of no ise level an d other where t he fire
(2)-The state government may after consultation with the state board – crackers be evaluated on th e basis of chemical compos it ion the court
a) Alter any air pollution area whether by way of extension or feels that the later method is more practicable an d workable in I nd ian
reduction. circumst ances. And it should be followed u nles s and u ntil rep lace by a
b) Declare a new air pollution control area in which may be bet ter s ys tem.
merged one or more existing air pollution control areas or any The department of explosiv e may divide t he fire cracker into two
part or parts. category the (i) sound emitt ing fire crackers and (ii) L igh t emitting fire
c) State government may with consultation of board prohibit any crackers.
fuel which may cause the air pollution. There shall be comp lete ban on burst ing sound e mitt ing Fire Crackers
d) State government may with consultation of board prohibit any bet ween 10 :00 P M to 6: 00 Am , it is not necessar y to imp ose restr iction
application which may cause the air pollution. as to t ime of burs ting of color light ing e mittin g FC.
e) The sate government may with consultation of board prohibit Every manufacture s hall on t he box of each FC me ntioned details of its
any burning other then fuel which may cause the air pollution. chemical contains a nd that i t sat isfy t he requirement as laid down by
Section 20- Power to give instruction for ensuring standards for DOE, in case of f ailure on the part of manufacture to me nti on the det ails
emission from automobiles. or in case where t he cont ent s of the box do not match the chem ical
The state government with consultation of board give instructions to the formula as st ated on t he box the ma nuf acture may be held liable .
concern authority in charge of registration of motor vehicles under the FC for the pur pose of expor t may be manufact ure bearing high noise
motor vehicle Act. And such authority bound to comply with such levels sub ject to the follow in g c ond it io ns:
instructions. Manufacture should be per mit ted to do so only when he has e xport
Restrictions on use of certain industrial plant- license with h im and not ot her wise .
Section 21 says- The noise levels for this FC should confir m to the noise st ander
No person shall without the pervious consent of the state board establish prescribed in the count ry to wh ich they are ent itled to b e exported as
or operate any industrial plant in an air pollution control area. per the export order.
If any person operating any industry immediately before the The FC should have a d if ferent color pack ing f rom t hose intended to be
commencement of this act, which no consent was necessary prior to such sold in I nd ia.
commencement, may continue to do so for a period of three months form They must c ar ry a declaration pri nt ed there on s ometh ing l ike “ Not for
such commencement, or he has made a application for such consent within sale in Ind ia” or only for export to countr y AB”
the said period of three months till the disposal of such application. Loud S peaker
If any person immediately before the declaration of any area as an air The noise level of a boundar y of a publ ic place the loud speaker or PA
pollution control area , operates such industrial plant such person shall system or any other no ise s ource is be ing used shall not exceed 10 dB
make the application to take the consent of the board, and shall continue above the ambia nce no ise sta nder , f or the area or 75 dB wh ich is lower.
to operate till 3 months till he obtained the consent. No one should beat a drum or blow a trumpet or beat or sound any
The state board after taking such application reply the person within 4 instru ment or used any s oun d am pl ifier at n ight ( 10 :00 PM to 6 :0 0 A m)
months in writing with a reason if not granting the consent. except in publ ic emergency .
Compliance- The per ipheral no ise level o f pr ivately o wned system s hall not exceed
Every person to whom consent has been granted by the state board shall by more tha n 5dB then the ambiance air quality stan der specif ied for
comply the following conditions namely- that area, i n which it is used at the boundary of a private place.
a) Implement of controlled equipment specified by the state board. Vehicle No ise
b) The existing controlled equipment if any shall be altered for No holt shall be a llo wed to b e used at n ight in reside ntial area except in
replaced in accordance with the directions of state board. special circums tances.
c) The controlled equipment keep all time in a good running Awareness t o State Govt.
conditions.
d) Chimney wherever necessary for such specification given by the

Indian Forest Act 1927 4. Propagation by a person or an institution approved by the Central Government
in this regards.
Object- the rapid decline of wild animals and birds in India has been a
cause of grave concern. The laws were mainly related to control of hunting
Protection of specified plants-
and do not emphasis the other factors which are also prime reasons for the
Section 17A- no person shall
decline of Indian’s wild life, namely taxidermy and trade in wild life and
1. Willfully pick, uproot, damage, destroy acquire or collect any specified plant.
products made thereof. but the central government had no power to make
2. Possess, sell, offer for sale, or transfer by way of gift, whether live or dad, part
a law in this regard as the subject matter related to entry 20 of the state
or derivative.
list in the seventh schedule to the constitution namely protection of wild
Grant permission for
life animals and birds. Having concern the state government came to the
1. Education.
conclusion that there should a comprehensive legislation which would
2. Scientific research.
provide the protection of wild life. The main object of this bills-
3. Collection, preservation and display in any scientific institution.
1. Constitute a wild life advisory board for each state.
Section 18- declaration of Sanctuary
2. Regulate hunting of wild life and birds.
The state government may- declare its intention to constitute any area other than an
3. Lay down the procedure for declaring a areas as
area comprised within any reserve forest or the territorial waters as a sanctuary.
Sanctuaries and National park.
Rights or claim settlement within 2 months of declarations.
4. Regulate possession, acquisition or transfer of or trade in
Section 21-Proclamation by Collector-
wild animals , animal articles and trophies and taxidermy.
a) The collector specify as nearly as possible, the situation and the limits of the
5. Provides penalties for contravention of the act.
sanctuary.
Circus- An establishment, whether stationary or mobile, where animals
b) The collector settles any claiming any right within two months of proclamation.
are kept or used wholly or mainly for the purpose of performing tricks or
Section 25 Acquisition proceedings-
maneuvers.
a) The collector proceeding under the Land Acquisition Act 1894.
Habitat- Includes land, water or vegetation which is the natural home of
b) The claimant appear before him for any claiming right.
any wild animal.
c) If the claimant not accepted the award provided by collector, he shall be entitle
Hunting- Killing or poisoning of any wild animal or captive animal and
to proceed to claim relief.
every attempt to do so.
d) The collector with the consent of claimant or court, may award compensation
Capturing, coursing, snaring, trapping, driving or baiting any wild or
in land or money.
captive animal .
e) In the case of stoppage of a public common way pasture, the collector may
Injuring or destroying or taking any part of the body of any such animal or
provide the alternative public way.
in case of reptiles, damaging eggs, or disturbing the egg or nest.
Section 26A Declaration of area as sanctuary-
Livestock farm animals and includes buffaloes, bulls, bullocks, camel,
a) A notification has been issued under section 18, and the period for claim has
cows, donkeys, goats, sheep , horses, mules, yaks, pigs ducks, geese,
been elapsed, any claim related to any land intended to declared as a sanctuary,
poultry and their young bu does not include any animal specified in have been disposed of by State government.
scheduled I to IV. Protected Area. National park or centuries, or b) Any area comprised with any reserved forest or territorial water which state
conservation reserve or community reserves. government may think fit for wild life environment it may be included in the
Specified plant Any plant specified in scheduled VI. sanctuary.
Zoo an establishment whether stationery or mobile where captive animals Section 27 restriction on entry in Sanctuary-
are kept for exhibition to the public. no person other than-
Section 5A-Constitution of National Board of Wild Life. a) A public servant on duty.
Functions of the national board. b) A person who has been permitted by chief wild life warden or the authorized
a) Framing Policies- framing policies and advising CG on the ways office to reside within the limits of the sanctuary.
and means for promoting W Life, conservation and effectively c) A person who has any right over immovable property within the limits of the
controlling poaching and illegal trade. sanctuary.
b) Recommendation – of setting up national parks, sanctuaries d) A person passing through the sanctuary along a public high way.
and other protected area and matter relating to restriction of A person so long as he resides in the sanctuary be bound-
activities on those areas. a) To prevent any offence in the sanctuary against this Act.
c) Assessment- various projects and activities on wild life and its b) To help in discovering and arresting the offender.
habitat. c) Extinguish any fire in the vicinity of such sanctuary.
d) Publishing Reports- once in two year on wild life in the d) Assist the officer who are responsible to prevent any office in the sanctuary.
country. Section 32- Control of sanctuary-
Duties of State Board for wild life. The Chief Wild Life warden shall be the authority to control, manage, and maintain the
a) Recommendations- management and selection of areas to be sanctuary subject to
declared as protected area. a) He may construct such roads, bridges, buildings, fences or barrier gets etc as he
b) Framing Policies- framing policy for protection and may think necessary for the safety of sanctuary.
conservation of wild life. b) Shall take such steps which ensure the security of wild life animals.
c) Maintain harmonious relation- measure to be taken for c) May take such measures which may improve the habitat of wild life.
harmonizing the needs of the tribal and other dwellers of the d) May regulate, prohibit, live stock in the interest of wild life.
forest with the protection and conservation of wild life. Section 33B- Advisory Committee-
Hunting of Wild life Animal permitted in certain cases- a) Chief wild life warden.
a) The chief wild life warden may, if he satisfied that any wild b) Member of the state legislature within whose constituency the sanctuary.
animal specified in schedule I become dangerous to human c) 3 representative of panchayati institution.
life or is so disabled or diseased as to be beyond recovery. d) 2 representative of nongovernmental organization.
b) Capture animal shall be kept in capture unless the chief wild life e) 3 individual active in the field of wild life conservation.
warden satisfied that such animal cannot be rehabilitated in The committee shall render the advice of better conservation of wild life.
wild. Declaration of National Park-
c) In Self defense. The state government constituted as a National park for the purpose of protecting,
Section 12- Grant of permission for special purpose- propagating or developing wild life or its environment.
1. Education. No alteration of the boundaries of a National park by the State Government shall
2. Scientific research. be made except on a recommendation of the National Boar.
3. Scientific management. In KM Chinnappa V/s UOI- court held that-
4. Translocation of wild animal for any suitable habitat. Renewal of mining lease which is in the boundary of any national park subject to
5. Population of wild life, without killing, poisoning or destroying section 2.
any wild life.
6. For recognize zoo.
7. Snake venom for life saving drugs.
Permission of specified plant for special purposes-
Section 17B
1. Education.
2. Scientific research.
3. Collection, preservation and display in herbarium of any
scientific institution.
INDIAN FOREST ACT 1927

Q-What are the protected forests? State the power of state government to make rules for
protected forest. (2009)

Q-define reserve forest. What acts are prohibited in such forest? (2008).

Q-what are the special purpose for protection of forest (2008)VS.

Q-what are the provisions are laid down in the Indian Forest Act 1927. Regarding reserve
forest (2007)S.

Q-define protected forest. How did they differ from reserve forests? What are the rules laid
down by state government to regulate measure of protected forest.(2007).

Wild life (protection) Act 1972.

Q-how is protection of specified plants made under wild life protection act 1972.(2009).

Q-define a sanctuary. Who is restricted to enter into a sanctuary?(2008).


Q-what are the authorities appointed under wildlife Act.(2006)

Q-what are the provisions of entry into sanctuary with weapon under wild life Act(2006)VS.

Q-Constituent of state board constituted under section 6 of Wild life act.(2005)

Constitutional provisions and Environment.

Q-India is the first country in the world to provide constitutional protection to the environment.
Comment, citing the constitutional provisions.