environmental regulations in india

Apr 28, 2023 1

POLLUTION CONTROL ACT

BYK.HEMA ANANDHY,M.Sc Nursing

CONTENTS:HistoryDefinitionsClassification of pollutionThe Air(prevention and control of pollution) act,1981The water(prevention and control of

pollution)act,1974The environment protection act,1986 References

Apr 28, 2023 2

In the decade of seventy, for the first time the attention of the world was drawn towards the environment.

In the year 1972 under the auspices of U.N.O. a conference was held at Stockholm known as Stockholm conference on Environment and Developmant-1972.

Government of India participated in the conference and strongly voiced the environment concerns.

Mrs.Indira Gandhi, THE PRIME MINISTER of India, declared a remarkable environmental policy for India.Apr 28, 2023 3

HISTORY:

With the increasing industrialization the problem of air pollution has began to be felt in the country.

The presence in air, beyond certain limits of various pollutants discharged through emission and from certain human activities concerned with traffic, heating use of domestic fuel,refuse,incinerations etc. has a harmful effect on the health of the people.

Indians realized that the haphazard industrialization and unplanned development had resulted pollution of air, water and the exhaustion of the irreparable natural wealth.

Apr 28, 2023 4

Environmental legislation at present are as follows:

1.The Indian Forests Act,19722. The Atomic Energy Act,19623. The Factories Act,19484. The Insecticides Act,19685. The wild life (protection) Act,19726. The Water (Prevention and Control of Pollution)Act,1974,19777. The Forest (Conservation)Act,19808. The Air (Prevention and Control of Pollution)Act,19819. The Environment(protection) Act,198610. The Motor Vehicles Act,198811. The National Environmental Tribunal Act,1995

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DEFINITIONS :“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;

“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 the presence of any environmental pollutant in the environment;

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“pollution” means such contamination of water or such alteration of the physical, chemical or biological properties of water or such discharge of an sewage or trade effluent or of any other liquid, solid or gaseous substance in to water as may render such harmful or injurious to public health or safety .

“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 environments.

“Air pollution” means the presence of any air pollutant in the atmosphere.

Apr 28, 2023 7

Classification of pollution:Pollution

By Activity By the object which is polluted

Natural pollution Artificial pollution Air pollution depending upon human Water pollution• Earthquakes activity and industrial Food pollution • Flood operation Noise pollution• Draught Land pollution• Cyclone

Apr 28, 2023 8

Air (prevention and control of pollution) act,1981

In order to prevent and control pollution of air parliament passed a law in the year 1981 and which came in to force on 30-3-1981.The act provide to preserve the quality of air and to control air pollution.

Amendments were made in this act in the year of 1987,1988.

Apr 28, 2023 9

CENTRAL AND STATE BOARDS FOR THE PREVENTION AND CONTROL OF AIR

POLLUTION: The Central Board for the Prevention and Control of

Air Pollution constituted under the Water (prevention and control of pollution) Act, 1974 shall also exercise the powers and perform the functions of the Central Board for the Prevention and Control of Air Pollution under this Act.

Apr 28, 2023 10

Constitution of central board for air pollution control:(a) A Chairman, having a special knowledge or practical experience

relating to environmental protection, to be nominated by the central Government.

(b) Officials, not exceeding five to be nominated by the central Government.

(c) Not more than five members to be nominated by the central Government from amongst the members of the state boards of whom not exceeding two shall be from amongst the members representing local authorities within the states.

(d) Two persons to represent the companies or corporation owned, controlled by central Government to be nominated by the central Government. .

Apr 28, 2023 11

Constitution of State board for air pollution control:

(a) A Chairman, having a person having special knowledge or practical experience relating to environmental protection, to be nominated by the State Government.

(b) Officials, not exceeding five, as the State Government may think fit, to be nominated by the State Government to represent that government.

(c) Such number of persons, not exceeding five to be nominated by the State Government from amongst the members of the local authorities functioning within the State.

Apr 28, 2023 12

(e) Two persons to represent the companies or corporations owned, controlled or managed by the State Government, to be nominated by that Government.

The State Government shall ensure that not less than two of the members are persons having special knowledge or practical experience relating to the improvement of the quality of air or the prevention, control of air pollution.

Apr 28, 2023 13

Terms and conditions of service of members(Central and State):A member of a State Board constituted under this Act, other than the

member-secretary, shall hold office for a term of three years from the date on which his nomination.

A member of a State Board other than the member- secretary, may at any time resign his office by writing under his hand addressed,-

A) In the case of the Chairman, to the State Government.

B) In any other case, to the Chairman of the State Board.

Apr 28, 2023 14

A casual vacancy in a Board shall be filled by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of term.

A member of the board may be removed before the expiry of the office either by central or state government as the case may be after giving him a reasonable opportunity of showing cause against him.

A member of a State Board constituted under this Act shall be

eligible for re-nomination.

Apr 28, 2023 15

Disqualifications:(1) No person shall be a member of Board who (a) is of unsound mind and has been so declared by a competent

court, (b) is, or has been, convicted of an offence which, in the opinion

of the State Government, involves moral baseness. (c) is, or has been, convicted of an offence under this Act, (d) has directly or indirectly any share or interest in any Firm or

company carrying on the business of manufacture, sale, or hire of machinery, industrial plant, control equipment or apparatus for the improvement of the quality of air or for the prevention, control of air pollution.

Apr 28, 2023 16

(e) is a director or a secretary, manager or other salaried officer or employee of any company or firm having any contract with the Board, or with the Government constituting the Board or with a local authority in the State, or with a company or corporation owned, controlled or managed by the Government, for the carrying out of programmes for the improvement of the quality of air or for the prevention, control of air pollution.

A member who has been removed because of disqualification, shall not be eligible for renomination as a member.

Apr 28, 2023 17

FUNCTIONS OF BOARDSFunctions of Central Board: (a) advise the Central Government on any matter concerning the

improvement of the quality of air and the prevention, control of air pollution;

(b) plan a nation-wide programme. (c) co-ordinate the activities of the State Board. (d) provide technical assistance and guidance to the State

Boards. (e) plan and organise the training of persons engaged or to be

engaged in programmes.

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(g) its fun Collect, Compile and Publish technical and statistical data relating to air pollution for its effective prevention and control of air pollution.

(h) Lay down standards for the quality of air.

(i) Collect and Disseminate information in respect of matters relating to air pollution.

(j) perform such other functions as may be prescribed.

(k) The Central Board may establish or recognise a laboratory or laboratories to enable the Central Board to perform actions under this section efficiently.

Apr 28, 2023 19

(g) Collect, Compile and Publish technical and statistical data relating to air pollution for its effective prevention and control of air pollution.

(h) Lay down standards for the quality of air.

(i) Collect and Disseminate information in respect of matters relating to air pollution.

(j) Perform such other functions as may be prescribed.

(k) The Central Board may establish or recognise a laboratory or laboratories to enable the Central Board to perform its functions under this section efficiently.

Apr 28, 2023 20

Functions of State Boards:(a) To plan a comprehensive programme for the prevention of air

pollution.

(b) To advise the State Government on any matter concerning the prevention, control of air pollution;

(c) To collect and disseminate information relating to air pollution;

(d) To collaborate with the Central Board in organising the training of persons engaged or to be engaged.

(e) To inspect any control equipment, industrial plant or manufacturing process and to give order such directions to such persons to take steps for the prevention, control air pollution.

Apr 28, 2023 21

(f) To inspect air pollution control areas to assess the quality of air and take appropriate steps.

(h) To advise the State Government with respect to the suitability of any premises or location for carrying on any industry which is likely to cause air pollution.

(i) To Perform such other functions as may be prescribed by the Central Board or the State Government.

(j) A State Board may establish or recognise a laboratory or laboratories to enable the State Board to perform its functions under this section efficiently

Apr 28, 2023 22

PREVENTION AND CONTROL OF AIR POLLUTION:

The act gives the following power:

(1) Power to declare air pollution control areas (A)The State Government may, after consultation with the State Board, by

notification in the Official Gazette declare any area or areas within the State as air pollution control area or areas.

(B) The State government may- (a) alter any air pollution control area whether by way of extension

or reduction. (b) declare a new air pollution control area in which may be merged

one or more existing air pollution control areas or any part or parts thereof.

Apr 28, 2023 23

(2)Power to give instructions for ensuring standards for emission from automobiles.

(3) Restrictions on use of certain industrial plants. no person shall, without the previous consent of the State Board,

establish or operate any industrial plant in an air pollution control area.

A person operating any industrial plant in any air pollution control area, immediately before the commencement of section 9 of the Air (Prevention and Control of Pollution) Amendment Act, 1987, for which no consent was necessary prior to such commencement, may continue to do so for a period of three months from such commencement

Apr 28, 2023 24

In order to obtained the consent of the state board application shall be made in the prescribed form with prescribed fees and shall contain the particular of the industry.

The state board before granting or refusing to grant permission may make such enquire as it may deem fit and shall follow such procedure as may be prescribed.

The state board give or refuse to give his consent in writing within a period of 4 months from the date of receipt of application.

Where the consent was granted for a period, it may cancel such consent before the expiry of that period, if the consent were not fulfilled.

Apr 28, 2023 25

Every person to whom consent is granted has to comply with the following conditions:

(i) The control equipment of such specifications as the State Board may approve shall be installed and operated in the premises.

(ii) The existing control equipment, if any, shall be altered or replaced in accordance with the directions of the State Board.

(iii) The control equipment shall be kept at all times in good running condition.

(iv) Chimney, wherever necessary, of such specifications as the State Board may approve shall be erected or re-erected in such premises.

(v) The conditions shall be complied within such period as the State

Board may specify.Apr 28, 2023 26

(4) Power not to allow emission of air pollutants in excess of the standard laid down by State Board.

No person operating any industrial plant, in any air pollution control area shall discharge or permit to be discharged the emission of any air pollutant in excess of the standards laid down by the State Board.

(5)Power of Board to make application to court for restraining person from causing air pollution.

If emission of any air pollutant, excess of the standards laid down by the State Board by reason of any person operating an industrial plant in any air pollution control area, the Board may make an application to a court, not inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class for restraining such person from emitting such air pollutant.

Apr 28, 2023 27

(6) Power to obtain information:

The State Board or any officer empowered by it may call for any information ,regarding –

Types and level of the air pollutant emitted from the occupier or any other person carrying on any industry or operating any control equipment or industrial plant.

The State Board or such officer shall have the right to inspect the premises where such industry, control equipment or industrial plant is being carried on or operated.

Apr 28, 2023 M.V.B.MANAVAR COLLEGE OF PHARMACY-DUMIYANI 28

(7) Power of entry and inspection:

Any person empowered by a State Board shall have a right to enter, at all reasonable time, any place:

(a) for the purpose of performing any of the functions of the State Board entrusted to him.

(b) for the purpose of determining in what manner, any such functions are to be performed or whether any provisions of this Act/rules or any notice, order, direction under this Act is being or has been complied with.


(8) Power to take samples of air or emission:

A State Board or any officer, empowered by it shall have power to take samples for the purpose of analysis, samples of air or emission from any chimney.

Procedure: (a) Serve a notice on the occupier or his agent in such form as

may be prescribed of his intention to have it so analysed. (b) In the presence of the occupier or his agent, collect a sample

of emission for analysis. (c) The sample to be placed in a container or containers which

shall be marked and sealed and shall also be signed both by the person taking the sample and the occupier or his agent


(d) send, without delay, the container to the laboratory established or recognised by the State Board.

(e) When a sample of emission is taken for analysis and the person taking the sample serves a notice then-

(1) In a case where the occupier or his agent wilfully absents himself, the person taking the sample shall collect the sample of emission for analysis to be placed in a container or containers which shall be marked and sealed and shall also be signed by the person taking the sample, and

(2) In a case where the occupier or his agent is present at the time of taking the sample but refuses to sign, then it shall be signed by the person taking the samples.


STATE AIR LABORATORY:The State Government may, (a) Establish one or more State Air Laboratories; or (b) Specify one or more laboratories or institutes as State Air

Laboratories to carry out the functions entrusted to the State Air Laboratory under this Act.

The State Government may, after consultation with the State Board, make rules prescribing-

(a) The functions of the State Air Laboratory (b) The procedure for the submission to the said

Laboratory of samples of air or emission for analysis. (c) The form of the Laboratory's report


ANALYST:

The State Government may, by notification in the Official Gazette, appoint such persons having the prescribed qualifications to be government analysts for the purpose of analysis of samples of air or emission sent for analysis to any laboratory.

Reports of analysis:

The analyte shall analyse the sample and submit a report in the prescribed form of such analysis in triplicate to the State Board.

On receipt of the report one copy of the report shall be sent to the occupier another copy shall be preserved for production before the court in case any legal proceedings and the other copy shall be kept by the State Board.


OFFENCES AND PENALTIES:Offenses: Penalties:(1) (a) do not take permission for the

use of certain industrial plants.

(b)do not comply with the condition for the use of industrial plants.

(c) emission of the pollutant in excess of the standard laid down.

For First Conviction: Imprisonment for a period of

18 months, which may be extended to 6 years with fine.

For Subsequent conviction: Additional fine may extend to

RS.5000 for every day during such failure continues.


(2) (a) destroys, pulls down, removes, injures any pillar, post or stake fixed in the ground or any notice or other matter put up, inscribed or placed by or under the authority of the Board or

(b) obstructs any person acting under the orders or directions of the Board from exercising his powers and performing his functions or

(c) damages any works or property belonging to the Board

3 months imprisonment OR fine up to Rs.10,000 OR both


(3) Contravenes any of the provision of this act or any order.

(4) Where an offence has been committed by any department of government shall be deemed to guilty.

(5) Where an offence been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company shall be deemed to guilt of the offense.

(3) 3 months imprisonment OR fine up to Rs.10,000 OR Both.

(4) Liable to be punished accordingly.

(5)Liable to be punished accordingly.


The water (prevention and control of pollution) act,1974

This act was enacted to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water, for the establishment with a view to carrying out the purposes of Board for the prevention and control of water pollution for conferring on and assigning to such Board powers and functions relating there to and from matter connected therewith.


It shall come into force at once in the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal and in the Union Territories, and in any other State which adopts this Act under clause (1) of article 252 of the Constitution on the date of such adoption and any reference in this Act to the commencement of this Act shall, in relation to any State or Union Territory, means the date on which this Act comes into force in such State or Union Territory.

Amendments were made in this act in the year of 1978,1988.


Central and state boards:Same as air pollution control act,1981

Constitution of joint boards:(i)Two or more governments of contiguous state OR

(ii) central government in respect of one or more governments of state or union territories may enter in to an agreement to constitute a joint board for such period as specified in the agreement.


An agreement to Constitute Joint Board may-

(1) Determine which of the participating state or center government shall exercise and perform several power to the state government.

(2) Provide for consultation between participating state or between the central government and participating state or states.

(3) Make such incidental and ancillary provision.

The agreement shall be published in the official gazette of participating state


Prevention and control of water pollution:(1) POWER OF STATE GOVERNMENT TO RESTRICT THE

APPLICATION OF THE ACT TO CERTAIN AREAS.

If the State Government, after consultation with the State Board, is of opinion that the provisions of this Act need not apply to the entire State, restrict the application of this Act to such area or areas as may be declared as water pollution, prevention and control area or areas and the provisions of this Act shall apply only to such area or areas.

(2) POWER TO OBTAIN INFORMATION.


(3) Power to take samples of effluents.

A State Board or any officer empowered by it shall have power to take sample for the purpose of analysis of water from any stream or well or samples of any sewage or trade effluent which is passing from any plant or vessel or from or any place into any such stream or well.

(4) Refusal or withdrawal of consent by state board:

A state Board shall not grant its consent to the bringing in to use of new or altered outlet unless the outlet is so constructed as to comply with any condition imposed by the Board to enable it to exercise its right to take sample of the effluent.


(5) POWER OF STATE BOARD TO CARRY OUT CERTAIN WORKS:

If the person fails to execute the work then, after the State Board may itself execute or cause to be executed such work.

All expenses incurred by the State Board for the execution

together with interest may be recovered by that Board from the person concerned.


(6)FURNISHING OF INFORMATION TO STATE BOARD AND OTHER AGENCIES IN CERTAIN CASES:

If at any place, where any industry, operation or process, or trade is being carried on, due to accident or event, any poisonous, noxious or polluting matter is being discharged, or is likely to be discharged into a stream or well and as a result of such discharge the water in any stream or well is being polluted, or is likely to be polluted, then the person in charge of such place shall intimate the occurrence of such accident to the State Board.


(7)EMERGENCY MEASURES IN CASE OF POLLUTION OF STREAM OR WELL:

In the event of accident or unforeseen act of pollution of stream or well and Board is of opinion to take immediate action to-

(a) removing that matter from the stream or well and disposing it as the Board considers.

(b) remedying or mitigating any pollution caused.

(c) issuing orders prohibiting the persons concerned from discharging any poisonous, noxious or polluting matter


(8)POWER TO GIVE DIRECTIONS:

(a) The closure, prohibition or regulation of any industry, operation or process; or

(b) The stoppage or regulation of supply of electricity, water or

any other service.


Central and state water laboratory: Central water laboratory: central government may, by noticification- (a) establish a Central Water Laboratory. OR

(b)specify any laboratory or institute as a Central Water Laboratory, to carry out the functions entrusted to the Central Water Laboratory under this Act.

The Central Government may, after consultation with the Central Board, make rules prescribing-


Conti…(a) The functions of the Central Water Laboratory.

(b) The procedure for the submission of samples of water or of sewage or trade effluent for analysis or tests, the form of the laboratory's report and the fees payable.

(c) such other matters as may be necessary.


STATE WATER LABORATORY:The State Government may, by notification-

(a)establish a State Water Laboratory. OR

(b) specify any laboratory or institute as a State Water Laboratory, to carry out the functions entrusted to the State Water Laboratory under this Act.

The State Government may, after consultation with the State Board, make rules prescribing-


Conti…(a) The functions of the State Water Laboratory.

(b) The procedure for the submission of samples of water or of sewage or trade effluent for analysis or tests, the form of the laboratory's report and the fees payable.

(c) Such other matters as may be necessary.


Analysts:

The Central Government may, by notification in the Official Gazette, appoint such persons as it thinks fit and having the prescribed qualifications to be government analysts for the purpose of analysis of samples of water or of sewage or trade effluent sent for analysis to any laboratory established or specified.

Reports of analysts:

The analyst shall analyse the sample and submit a report in the prescribed form in triplicate to the central or state board.


OFFENCES AND PENALTIES:Offences: Penalties:

(1)(a) Destroys, pulls down, removes, injures or defaces any pillar, post or stake fixed in the ground or any notice or other matter put up, inscribed or placed, by or under Board.

(b) Damages any works or property belonging to the Board

Punishable with imprisonment for 3 months OR with fine up to Rs.10,000


(2) Do not follow the direction for stoppage or regulation of supply of electricity, water or any other services.

(3) A person disposed of polluting matter in to the stream or well.

(2) Punishable with imprisonment for 18 months whish may be extend to 6 years OR with fine.

If failure continue additional fine up to Rs.5000 for everyday.

(3) Punishable with imprisonment for 3months OR fine up to Rs.1000 OR both


(4) Whoever fails to comply with any order or direction given under this act.

(5) A person do not provide information regarding construction,, installation or operation of the establishment or of any disposal system.

(4) Punishable with imprisonment for 3months OR fine up to Rs.10,000 OR both.

(5) Imprisonment for 18 months whish may be extend to 6 years OR with fine.

If failure continue additional fine up to Rs.5000 for everyday.


Environment protection act,1986: Act to provide for the protection and improvement of

environment.

It shall come into force on 23rd May, 1986 the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and for different areas.

It came into force in the whole of India on 19th November, 1986


OBJECTIVES:

(1) Manage the use, development and protection of the

environment in a way that will enable people for their

economic, social and physical well being and for their health

and safety.

(2) Safeguarding the life-supporting capacity of air, water, land.

(3) Avoiding, remedying any adverse effects of activities on the

environment.Apr 28, 2023 M.V.B.MANAVAR COLLEGE OF PHARMACY-DUMIYANI 56

(4)To prevent, reduce, minimize and, where practicable, eliminate harm to the environment.

(5) To co-ordinate activities, policies and programmes necessary to prevent, reduce, minimize or eliminate environmental harm and ensure effective environmental protection, restoration and Enhancement.

(6) To ensure that all reasonable and practicable measures are taken to protect, restore and enhance the quality of the environment.

(7) To promote industry and community education and involvement in decisions about the protection, restoration and enhancement of the environment.


GENERAL POWERS OF THE CENTRAL GOVERNMENT:(1)To take measures to protect and improve environment.-

The Central Government, shall have the power to take all such measures for the purpose of protecting and improving the quality of the environment and preventing, controlling environmental pollution.

(2)Appointment of Officers


(3) Power to give directions:

The Central Government may issue directions in writing to any person, officer or any authority shall be bound to comply with such directions

This power to direction shall include:-

(a) The closure, prohibition or regulation of any industry, operation or process; or

(b) Stoppage or regulation of the supply of electricity or water or any other service.


(4)Rules to regulate environment pollution:

(a) The standards of quality of air, water or soil for various areas and purposes.

(b) The maximum allowable limits of concentration of various environmental pollutants for different areas.

(c) The procedures and safeguards for the handling of hazardous substances.

(d) The procedures and safeguards for the prevention of accidents which may cause environmental pollution.


PREVENTION AND CONTROL OF ENVIRONMENTAL POLLUTION:(1)PREVENTION:

(a) Persons carrying on industry operation, etc, not to allow emission or discharge of environmental pollutants in excess of the standards.

(b) Persons handling hazardous substances to comply with procedural safeguards.

(c) Furnishing information to authorities in case, where the discharge of pollutant in excess of prescribed standard.


(2) CONTROL:

The following provision are important:

(a) Powers of entry and inspection.

(b) Power to take sample and procedure:

The Central Government or any officer empowered by it shall have power to take sample for the purpose of analysis of air, water, soil or other substance from any factory, premises or other place.


Environmental laboratories.- The Central Government may-(a) Establish one or more environmental laboratories.

(b) Recognize one or more laboratories or institutes as environmental laboratories.

Government analyst: The Central Government may appoint or recognize such

persons having the prescribed qualifications to be Government Analysts for the purpose of analysis of samples of air, water, soil or other substance sent for analysis to any established environmental laboratory.


Functions of environmental laboratories:

(i)To established standardized methods for sampling and analysis of various types of environmental pollutants

(ii) To analyze sample.

(iii) To carry out such investigations.

(iv) To send periodical reports.


Qualification of Government Analyst

(a) Graduate in science from a recognized university with five years experience in laboratory engaged in environmental investigation, testing or analysis; or

(b) post-graduate in science or a graduate in engineering or a graduate in medicine or equivalent with two years experience in a laboratory engaged in environmental investigations testing or analysis; or

(c) post-graduate in environmental science from a recognized university with two years experience in a laboratory engaged in environmental investigations, testing or analysis.


OFFENCES AND PENALTIES:Offences: Penalties:

(1) Contravention of the provision the act

(1) (a)For 1st conviction 5 years imprisonments OR

fine up to 1 lakh OR both (b) For subsequent conviction In additional fine up to

Rs.5000 for everyday. (c) If continue beyond a period

of 1 year Imprisonments up to 7

years


(2) Offences by companies

(3) Offences by Government Departments

(2) Responsible person shall be liable to punishment. but he would not be punishable if he proves that the offence was committed without his knowledge

(3) Head of department of government shall liable to punishment


REFERENCES:http://www.cpcb.nic.in

http://envfor.nic.in/legis/env/env1.html

Pharmaceutical jurisprudence;5th edition, Atul prakashan,By Dr.G.K. JANI, page no.:309-424


Thank you


environmental regulations in india

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