2. 2
• Stockholm Declaration of 1972 was
perhaps the first major attempt
• Accordingly, Indian Parliament inserted
two Articles
• 48A and 51(g) in the Constitution of
India in 1976
3. Types of Legislations
• Act: Enactment by the Indian parliament
• Notifications: Formation of rules under
provision of Act
• Rules: Regulations, requirement and directions
on environmental management
• Directions: Instructions given by the Central
Govt
• Soft Laws: International agreement for foreign
trade
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4. Water Act 1974
• The Water (Prevention & Control of
Pollution) Act, 1974 is the first enactment
by the Parliament
• Water Act is enacted with the aim of
prevention and control of Water Pollution
in India.
4
5. • Maintaining or restoring the wholesomeness of
water
• Establishment of Board of prevention and
control of water pollution
5
6. Definitions
• "pollution" 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 organisers;
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7. Acts Includes
• Eight Chapter and Sixty four sections
• CHAPTER I------PRELIMINARY
• CHAPTER II---CENTRAL AND STATE BOARDS FOR
THE PREVENTION AND CONTROL OF AIR POLLUTION
• CHAPTER III --POWERS AND FUNCTIONS OF BOARDS
• CHAPTER IV --POWERS AND FUNCTIONS OF BOARDS
• CHAPTER V---PREVENTION AND CONTROL OF AIR
POLLUTION
• CHAPTER VI---FUND, ACCOUNTS AND AUDIT
• CHAPTER VII----PENALTIES AND PROCEDURE
• CHAPTER VIII----MISCELLANEOUS
7
8. • Section 24,25 and 26 are the backbone of
this act.
• no person shall knowingly cause or permit any
poisonous, noxious or polluting matter
determined in accordance with such standards
as may be laid down by the State Board to
enter (whether directly or indirectly) into
any [stream or well or sewer or on land]
8
9. 9
• The industry can make an appeal if
aggrieved against the orders of the Board
under section 28 of the Water Act.
• The Board can issue directions for
closure of industry & disconnection of
electricity in case of persistent defiance
by any polluting industry under section
33-A of the Water Act.
10. 10
• Section 25 & 26
• Without the consent of the State Board, any industry
operation or process, or any treatment and disposal
system or any extension or addition thereto, is
established, or any steps for such establishment have
been taken or a new or altered outlet is brought into
use for the discharge of sewage or a new discharge of
sewage is made
• punishable with imprisonment for term which shall
not be less than one and half year but which may
extend to six years with fine under section 43/44 of
the Water Act
12. Definitions
• "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
• "air pollution" means the presence in the
atmosphere of any air
12
13. OBJECTIVE
• Prevention control and abatement of the Air
pollutions
• Maintaining Quality of Air
• Establishment of the Board
13
14. Acts Includes
• Seven Chapter and Fifty four sections
• CHAPTER I------PRELIMINARY
• CHAPTER II---CENTRAL AND STATE BOARDS FOR
THE PREVENTION AND CONTROL OF AIR POLLUTION
• CHAPTER III --POWERS AND FUNCTIONS OF BOARDS
• CHAPTER IV---PREVENTION AND CONTROL OF AIR
POLLUTION
• CHAPTER V---FUND, ACCOUNTS AND AUDIT
• CHAPTER VI----PENALTIES AND PROCEDURE
• CHAPTER VII----MISCELLANEOUS
14
15. • Section 21 and 22 are the backbone of
this act. According to this sections AQS
should be maintained by industries
• Control equipment of such specification as the
State Board may approve.
• Control equipment referred above shall be kept
at all times in good running condition.
• Chimney, wherever necessary, of such
specifications as state boards may approve.
• Any other such conditions as the state board
may specify.
15
16. • Under Section 22 :
• No person operating any industrial plant,
in any air pollution control area shall
discharge or cause or permit to be
discharged the emission of any air
pollution in excess of the standards laid
down by the state board.
16
17. 17
• Under Section 37 :
• Any person failing to comply with the
provisions of Section 21 or Section 22 or
directions issued under Section 31(A) can
be imprisoned from 1-1/2 years to 6
years, with fine or with a fine upto
Rs.5000/- per day.
If violation continues beyond one year
imprisonment can be increased upto 7
years with fine.
18. THE ENVIRONMENT PROTECTION
ACT, 1986 (IN INDIA)
• To provide the protection and improvement of
environment (which includes water, air, land,
human being, other living creatures, plants,
micro-organism and properties) and for
matters connected therewith.
18
19. • This is also known as umbrella Act.
• Later on it became the Ministry of
Environment and Forests in 1985. EPA,1986
came into force soon after the Bhopal Gas
Tragedy.
19
20. OBJECTIVE
• to provide the protection and improvement of
environment
• Prevention of hazards to all living creatures
and property
• Maintenance of harmonious relationship
between human beings and their environments
20
21. IMPORTANT TERMINOLOGY
• Environment” It includes water, air, and land
and the interrelationship which exists among
and between water, air and land and human
beings, other living creatures, plants,
microorganism and property.
• “Environmental Pollutant” means any solid,
liquid or gaseous substance present in such
concentration as may be, or tend to be
injurious to environment.
• “Environmental pollution” means imbalance
in environment
21
23. • Hazardous substance” means any substance or
preparation which, by reason of its chemical or
physico-chemical properties or handling, is liable to
cause harm to human beings, other living creatures,
plant, micro-organism, property or the environment
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24. Acts Includes
• Four Chapter and Twenty Six sections
• CHAPTER I------PRELIMINARY
• CHAPTER II----GENERAL POWERS OF THE
CENTRAL GOVERNMENT
• CHAPTER III----PREVENTION, CONTROL AND
ABATEMENT OF ENVIRONMENTAL CONTROL
• CHAPTER IV---MISCELLANEOUS
24
25. • Section 6 and 25 are the backbone of this
act which implies that Central
Government can frame the rules
25
26. POWERS PROVIDED BY THE ACT TO
CENTRAL GOVTT.….
• the standards of quality of air, water or
soil for various areas and purposes;
• the maximum allowable limits of the
concentration of various environmental
pollutants
• the procedures and safeguard for
handling hazardous substances;
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27. Template copyright 2005 www.brainybetty.com 27
• prohibition and restrictions on the
location of industries and the carrying on
of the process and operations in different
areas
• procedures and safeguard for the
prevention of accidents which may cause
environmental pollution
• providing for re-medical measures for
such accidents.
28. PENALITY…
• Whoever Person found to be the cause of
pollution may extend to five years or with fine
which may extend to one lakh rupees or both
(Sec 15, 16, 17).
• If not comply fine of Rs. 5000 per day extra,
still if not comply for more than one year, then
imprisonment may extend up to 7 years.
28
29. 29
• Section 17 specifies that Head of the department/ in
charge of small unit may be liable for punishment if
the owner /occupier produce enough evidence of
innocence. The state govtt. have power to close or
cancel or deny the authorization to run the
factory/institution/hospital whichever is causing
pollution