Environment Pollution Act

Presented by Mangesh K Palsodkar M.Pharm Ist year KLE University, Belgaum.

Contents
1.
2. 3.

Environmental pollution act .

SHORT TITLE, EXTEND AND COMMENCEMENT DEFINITIONS.

APPOINTMENT OF OFFICERS AND THEIR POWERS AND FUNCTIONS . RULES TO REGULATE ENVIRONMENTAL POLLUTION. PREVENTION, CONTROL, AND ABATEMENT OF ENVIRONMENTAL POLLUTION. OFFENCES BY COMPANIES. PENALTY FOR CONTRAVENTION OF THE PROVISIONS OF THE ACT AND THE RULES, ORDERS AND DIRECTIONS
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An Act to provide for the protection and improvement of environment and for matters connected there with: WHEREAS the decisions were taken at the United Nations Conference on the Human Environment held at Stockholm in June, 1972, in which India participated, to take appropriate steps for the protection and improvement of human environment; AND WHEREAS it is considered necessary further to implement the decisions aforesaid in so far as they relate to the protection and improvement of environment and the prevention of hazards to human beings, other living creatures, plants and property; BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows

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SHORT TITLE, EXTEND AND COMMENCEMENT

(1) This Act may be called the Environment

(Protection) Act, 1986.

(2) It extends to the whole of India.

(3) It shall come into force on such date as 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.
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2.DEFINITIONS

In this Act, unless the context otherwise requires,--

(a) "environment" includes water, air and land and the interrelationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property;
(b) "environmental pollutant" means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment; (c) "environmental pollution" means the presence in the environment of any environmental pollutant;

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(d) "handling", in relation to any substance, means the manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of such substance; (e) "hazardous substance" means any substance or preparation which, by reason of its chemical or physicochemical properties or handling, is liable to cause harm to human beings, other living creatures, plant, micro-organism, property or the environment; (f) "prescribed" means prescribed by rules made under this Act.

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Power of the Central Government to take measures to protect & improve environment

(1) Subject to the provisions of this Act, the Central Government, shall have the power to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing controlling and abating environmental pollution. (2) In particular, and without prejudice to the generality of the provisions of sub-section (1), such measures may include measures with respect to all or any of the following matters, namely:-(i) co-ordination of actions by the State Governments, officers and other authorities-(a) under this Act, or the rules made thereunder, or (b) under any other law for the time being in force which is relatable to the objects of this Act;
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(ii) planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution; (iii) laying down standards for the quality of environment in its various aspects; (iv) laying down standards for emission or discharge of environmental pollutants from various sources whatsoever:

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APPOINTMENT OF OFFICERS AND THEIR POWERS AND FUNCTIONS

(1) Without prejudice to the provisions of sub-section (3) of section 3, the Central Government may appoint officers with such designation as it thinks fit for the purposes of this Act and may entrust to them such of the powers and functions under this Act as it may deem fit. (2) The officers appointed under sub-section (1) shall be subject to the general control and direction of the Central Government or, if so directed by that Government, also of the authority or authorities, if any, constituted under subsection (3) of section 3 or of any other authority or officer.

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POWER TO GIVE DIRECTIONS

Notwithstanding anything contained in any other law but subject to the provisions of this Act, the Central Government may, in the exercise of its powers and performance of its functions under this Act, issue directions in writing to any person, officer or any authority and such person, officer or authority shall be bound to comply with such directions. Explanation--For the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct-(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
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RULES TO REGULATE ENVIRONMENTAL POLLUTION

(1) The Central Government may, by notification in the Official Gazette, make rules in respect of all or any of the matters referred to in section 3. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-(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 (including noise) for different areas;
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(c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restriction on the location of industries and the carrying on process and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents.
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PREVENTION, CONTROL, AND ABATEMENT OF ENVIRONMENTAL POLLUTION

7. PERSONS CARRYING ON INDUSTRY OPERATION, ETC., NOT TO ALLOW EMISSION OR DISCHARGE OF ENVIRONMENTAL POLLUTANTS IN EXCESS OF THE STANDARDS
No person carrying on any industry, operation or process shall discharge or emit or permit to be discharged or emitted any environmental pollutants in excess of such standards as may be prescribed.

8. PERSONS HANDLING HAZARDOUS SUBSTANCES TO COMPLY WITH PROCEDURAL SAFEGUARDS

No person shall handle or cause to be handled any hazardous substance except in accordance with such procedure and after complying with such safeguards as may be prescribed.

9. FURNISHING OF INFORMATION TO AUTHORITIES AND AGENCIES IN CERTAIN CASES

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10. POWERS OF ENTRY AND INSPECTION

(1) Subject to the provisions of this section, any person empowered by the Central Government in this behalf12 shall have a right to enter, at all reasonable times with such assistance as he considers necessary, any place (a) for the purpose of performing any of the functions of the Central Government entrusted to him; (b) for the purpose of determining whether and if so in what manner, any such functions are to be performed or whether any provisions of this Act or the rules made thereunder orany notice, order, direction or authorisation served, made, given or granted under this Act is being or has been complied with;

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(2)Every person carrying on any industry, operation or process of handling any hazardous substance shall be bound to render all assistance to the person empowered by the Central Government under sub-section (1) for carrying out the functions under that sub-section and if he fails to do so without any reasonable cause or excuse, he shall be guilty of an offence under this Act. (3) If any person willfully delays or obstructs any persons empowered by the Central Government under sub-section (1) in the performance of his functions, he shall be guilty of an offence under this Act.

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11. POWER TO TAKE SAMPLE AND PROCEDURE TO BE FOLLOWED IN CONNECTION THEREWITH (1) The Central Government or any officer empowered by it in this behalf, shall have power to take, for the purpose of analysis, samples of air, water, soil or other substance from any factory, premises or other place in such manner as may be prescribed. (2) The result of any analysis of a sample taken under sub-section (1) shall not be admissible in evidence in any legal proceeding unless the provisions of sub-sections (3) and (4) are complied with.
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(3) Subject to the provisions of sub-section (4), the person taking the sample under sub-section (1) shall-(a) serve on the occupier or his agent or person in charge of the place, a notice, then and there, in such form as may be prescribed, of his intention to have it so analysed; (b) in the presence of the occupier of his agent or person, collect a sample for analysis;

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12.ENVIRONMENTAL LABORATORIES
(1) The Central Government may, by notification in the Official Gazette,--

(a) establish one or more environmental laboratories;

(b) recognise one or more laboratories or institutes as environmental laboratories to carry out the functions entrusted to an environmental laboratory under this Act.

(2) The Central Government may, by notification in the Official Gazette, make rules specifying (a) the functions of the environmental laboratory; (b) such other matters as may be necessary or expedient to enable that laboratory to carry out its functions
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13. GOVERNMENT ANALYSTS

The Central Government may by notification in the Official Gazette, appoint or recognize such persons as it thinks fit and 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 environmental laboratory established or recognised under sub-section (1) of section 12.

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14. OFFENCES BY COMPANIES

(1) Where any offence under this Act has 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 for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any 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 commission of such offence.
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(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation--For the purpose of this section,-(a) "company" means any body corporate and includes a firm or other association of individuals; (b) "director", in relation to a firm, means a partner in the firm.
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OFFENCES BY GOVERNMENT DEPARTMENTS

(1) Where an offence under this Act has been committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a Department of Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the Head of the Department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly
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Water pollution act

Contents

INTRODUCTION . OCCUPIER MEANING. LEGAL AUTHORITIES UNDER THE ACT. OBLIGATIONS OF THE OCCUPIER. LIABILITY OF THE OCCUPIER. OFFENCES AND PENALTIES UNDER THE ACT. COMPOUNDABILITY AND COGNIZANCE OF OFFENCES

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Introduction

Pollution of the rivers, streams and water resources are issues causing concern to mankind. This Act was enacted to provide for the prevention and control of pollution and for maintaining or restoring the wholesomeness of water. The provisions of this Act are applicable to both individuals and body of individuals. In case of individuals, when the person himself is liable for compliance of the provisions at the same time in case of body of individuals the Occupier is liable for the compliance of the provisions of this Act.
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OCCUPIER - MEANING

Occupier with reference to a factory is a person who has control over the affairs of the factory. In case where the affairs are entrusted to any managerial personnel then such person is deemed to be the Occupier. The designation is not the criteria to hold any person to be the occupier. It is the substance control over the affairs which hold the person to be the occupier under the Act.

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LEGAL AUTHORITIES UNDER THE ACT

There are two levels of authorities under the Act. Central Pollution Control Board and State Pollution Control Board. These two authorities are constituted by the Central Government and respective State Governments respectively to exercise the powers conferred on and to perform the functions assigned under the Act for the prevention and Control of pollution under the Act

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OBLIGATIONS OF THE OCCUPIER

To ensure that no poisonous, noxious or polluting matters enter into any stream or well or sewer or on land. Not to permit or let any other matter enter into any stream, which may impede the proper flow of the water in a manner likely lead to pollution. To apply for the previous consent of the State Board in such form and accompanied by such fees as may be specified to: Establish or take steps to establish any industry, operation, process, or any treatment and disposal system or any extension or addition thereto, which is likely to discharge sewage or trade effluent into a stream or well or sewer or on land. Bring into use any outlet for the discharge of sewage, which is wholly or partly constructed.

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If the consent, unless refused, is not granted within a period of 4 months then on expiry of the said period, the occupier may consider the consent granted unconditionally. On Boards refusal to grant or withdrawal of consent to prefer an Appeal to the Appellate Authority within 30 days of the date on which the order of refusal or withdrawal is communicated to him. To comply with the conditions imposed with the consent granted by the Board. To be present at the time when the Board was taking the samples of water to which the sewage or trade effluents are being discharged for analysis. Occupier to check the containers of the sample well sealed and signed both by himself and the person taking the sample.
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LIABILITY OF THE OCCUPIER:

If the samples get analyzed by the Central or State Water Laboratory as per the occupiers request, or due to his or his agents willful absence at the time of taking the samples for analysis and he is not ready to pay the cost of analysis, the costs can be recovered form him as arrear of land revenue or as public demand. The expenses incurred by the Board by the order of the Court for the removal of pollutants discharged from the establishment can be recovered from the occupier as arrears of land revenue
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OFFENCES AND PENALTIES UNDER THE ACT

All the offences bellow are punishable with imprisonment for a term upto 3 months or with fine upto Rs.10,000/- or both. Non-complying the directions issued by the Board for furnishing of information. Knowingly or willfully furnishing any false information to the Board. Destroying or injuring any post, pillar fixed in the ground by the Board. Defacing any notice or other matter put up by the Board
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Obstructing any person to comply with the orders or direction of the Board. Damaging any work or property belonging to the Board. Knowingly or willfully making a false statement to obtain the consent of the Board. Knowingly interfering with any device so as to preventing it from correct monitoring, which device is used by the Board for the purpose of monitoring the pollution level for grant of consent. Contravening of any of the provisions of the Act, or non complying of any direction of the Board or Authority, where no
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COMPOUNDABILITY AND COGNIZANCE OF OFFENCES:

All the offences under this Act are non-Compoundable. [L.R. Washman Vs. The Haryana, State Board for the Prevention and Control of Water Pollution, Chandigarh. Court shall take cognizance of the offence on a complaint made by: The Board or any authorised officer by the Board in this behalf. Any other person who has given a notice of at-least 60 days to the Board or authorised officer of the Board, specifying the alleged offence and his intention to make a complaint. No court inferior to that of Metropolitan Magistrate or a Judicial Magistrate of First Class shall try any offence under the Act.

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Air pollution act

Air pollution Act

The Air (Prevention & Control of Pollution) Act was enacted by the Parliament in 1981 with an objective to prevent, control & abatement of air pollution. Under Section 19 of this act the whole of National Capital Territory of Delhi has been declared as air pollution control area by the Central Government. Under this section the government approved fuels to be used in the air pollution control area.

The following are the important provisions of the Air (Prevention & Control of Pollution) Act
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The following are the important provisions of the Air (Prevention & Control of Pollution) Act: Under Section 21(1) :Person establish or operate any industrial unit in National Capital Territory of Delhi without obtaining prior consent of the DPCC. The consent application will be disposed off within 4 months of receipt of the consent application. However, DPCC may either grant consent or reject the application within 4 months for reasons to be recorded in writing. It may also revoke previous, consent to the industry before expiry of the same after giving a reasonable opportunity of being heard.

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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.

Under Section 22(A) :State Board can also approach

the court to stop any person from doing air pollution

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Under Section 24(i), 26(i) :DPCC office have powers to inspect any premises in performance of their duties, take samples, examine records, documents etc. or performing any other duty entrusted to him by the board. Every person operating any equipment is bound to provide all assistance to the person who is inspecting.

Under Section 31 :Any person aggrieved by an order made by the state board under this act may, within 30 days from the date on which order is communication to him, prefer an appeal to the authorised authority who in the case of Delhi is the Joint Secretary, Ministry of Environment & Forest

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Under Section 31 :Any person aggrieved by an order made by the state board under this act may, within 30 days from the date on which order is communication to him, prefer an appeal to the authorised authority who in the case of Delhi is the Joint Secretary, Ministry of Environment & Forest.

Under Section 31(A) :The state board can give directions to any person or office or authority in writing and such person or officer or authority is bound to comply with such directions which includes:i)The closure, prohibition or regulation of any industry, operation or process orii)Stoppage or regulation of electricity, water or any other services.

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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. Under Section 39 :Whoever contravenes any of the provisions of this Act or any order or directions issued thereunder, for which no penalty has been elsewhere provided in this act, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to ten thousand rupees or with both, and in case of continuing contravention with an additional fine which may extend to Rs.5000/- for every day during which such contravention continues after conviction for the first such contravention.

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References

www.sanctuaryasia.com

www.corpmen.com
www.delhigovernment.nic.in www.nifw.org www.cpcb.nic.in
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