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AIR PREVENTION & CONTROAL OF POLLUTION ACT 1981 Statement object and reasons with

the increasing industrialization and tendency of majority of industries, which make the acute problem
when industrialization are happen on more densely populated area.The presence in air, beyond the
certain limits of various pollutants discharged through industrial emissions and from certain human
activities. In the UN conference on the Human Environment held in Stockholm in June 1972, in which
Indian participated decisions were taken to take appropriate stapes for the preservation of the natural
resources of the earth which, among other things, include the preservation of the quality of air and
control of air pollution. The government has decided to implement these decisions of the said
conference in so far as the preservation of the quality of air and control of air pollutions The Act
covers the two aspect of Air pollution: Prevention: The establishments which came into force after
1981, which cause the pollution need to be prevented. Remedy: the establishment which establish
before the commencement of this act (before1981), they will also service but they have to use/set the
stander which controlled the Air Pollution under Air prevention and control of pollution Act 1981, this
is the remedial action. Terminology -Air Pollutant (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 begins or other living creatures or plant or property, or environment. Note: The
work NOISE included in this act through Amendment Act 1987. Air Pollution: Means the presence in
the atmosphere of any Air pollutant. Central Board: The central pollution control board, under Section
3 of water (Prevention and control of Act 1947). State Board: In relation to state in which the (water
Prevention and control of pollution Act 1974) is infrared, and the state government is constituted for
that state, a state pollution controlled board under section .4 of that act, the said State board and second
in relation to any other state the state board for the prevention and control of Air pollution constitute by
the state government under section 5 of this Act. Control equipments: Any apparatus, devise,
equipment or system to control the quality and manner of emission of any pollution includes any devise
use for securing the efficient operation of any industrial plan. Emission: Any solid or liquid or gaseous
substance coming out of any chimney, duct or any other outfit.Occupier: In relation to any factory or
premises means the person who has control over the affair of the factory of the premises and includes
in relation to any substance the person in possession of the factory.

Air Pollution Constitution of board-Chairman: There would be one(1) chairman for the board, who has
the special knowledge of environment along with practical knowledge. He will be nominated by the
State Govt, for full time or part time. Members of Board: Not exceed more than 5, and nominated by
state government and representative of state government.Local Authorities Representatives: Not
exceed more than 5, and nominated by state government and representative of local authorities.
Industry Representatives: Not exceed more than 3, and nominated by state government and
representative of any industry, trade, agriculture. Company Representatives: Not exceed more than 3,
and nominated by state government and representative of any company or the corporations owned or
controlled or managed by the state. Sectary: he is the full time member. Total number of Board
according to above mentioned max limit is 17. But the maximum number of total number of board
should not be exceeding to 15.The State board is a legal person:

Disqualifications- Section 8

a)Become insolvent or has suspended payment of his debts or has compounded with his creditors.

b)Unsound mind, declared by the competent court.

c)Convicted of an offence.
d)Has directly or indirectly by himself or by any partner, any share or interest in any firm or company
carrying on the business of manufacture, sale or hire of machinery, plant, equipment, apparatus etc. for
the treatment of a sewage or trade effluents.

e)So abused the post in the interest of general public interest.

Meeting of board- once in a every 3 months

a)Advice- to advice the central government on any matter concerning the prevention and control of
water pollution.

b)Coordination- coordination the activities of the sate board and resolve the disputes.

c)Assistance- to provide technical assistance and guidance to the state board, carry out and sponsor
investigations and research relating to problems of water pollution, and preventions, control or
abatement or water pollutions.

d)Training- organizes training of persons engaged or to be engaged in programmed for the preventions
and control or abatement of water pollution.

e)Awareness programme- organize comprehensive programme 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.

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 h)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

Section 17- A State board shell be constituted.

a)Planning- to plan a comprehensive program for the prevention, control or abatement of pollution of
streams and wells in the state.

b)Advice- to advice the state government on any matter concerning the prevention control or
abatement of water pollutions.

c)Research- to increase conduct and participate investigations and research relating to problems of
water pollution and prevention, control or abatement of water pollution.
d)Training- in collaboration with the central board organizing the training of persons engaged or to be
engaged in programs relating to prevention, control or abatement of water pollutions, and organize
mass education programme.

e)Inspections- to inspect sewage or trade effluents, works and plants for the treatment of sewage and
trade effluents and to review plans, specifications or other data relating to plants set up for the
treatment of water, works for the purification thereof and system for disposal of sewage or trade
effluents.

f)Lay down standard- to lay down annul effluents standards for the sewage and trade effluents and for
the quality of receiving water. Specially taking into account the minimum fair weather dilution
available in that stream and the tolerance limits of pollution permissible in the water of the stream after
discharges of effluents.

g)Evolve reliable method of treatment- to evolve economical and reliable methods of treatment of
sewage and trade effluents having regard to the peculiar conditions of soils, climate and water
resources of different regions and more especially the prevailing flow characteristics of water in
streams and wells.

h)Method of utilization- to evolve methods of utilization of sewage and suitable trade effluents in
agriculture.

i)Advice the government- to advice the state government with respect to the location of any industry
the carrying on which is likely to pollute a stream or well.

j)Establishment of laborites.- the board may establish the laboratories.

Prevention and control of Air pollutions

Section19-

(2)-The state government may after consultation with the state board

a)Alter any air pollution 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.

c)State government may with consultation of board prohibit any fuel which may cause the air pollution.

d)State government may with consultation of board prohibit any application which may cause the air
pollution.

e)The sate government may with consultation of board prohibit any burning other then fuel which may
cause the air pollution.
Indian Forest Act 1927

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 and do not emphasis the other factors which are also
prime reasons for the decline of Indians wild life, namely taxidermy and trade in wild life and
products made thereof. but the central government had no power to make a law in this regard as the
subject matter related to entry 20 of the state list in the seventh schedule to the constitution namely
protection of wild life animals and birds. Having concern the state government came to the conclusion
that there should a comprehensive legislation which would provide the protection of wild life. The
main object of this bills-

1.Constitute a wild life advisory board for each state.

2.Regulate hunting of wild life and birds.

3.Lay down the procedure for declaring a areas as Sanctuaries and National park.

4.Regulate possession, acquisition or transfer of or trade in wild animals , animal articles and trophies
and taxidermy.

5.Provides penalties for contravention of the act.

Circus- An establishment, whether stationary or mobile, where animals are kept or used wholly or
mainly for the purpose of performing tricks or maneuvers.

Habitat- Includes land, water or vegetation which is the natural home of any wild animal.

Hunting- Killing or poisoning of any wild animal or captive animal and every attempt to do so.

Capturing, coursing, snaring, trapping, driving or baiting any wild or captive animal .

Injuring or destroying or taking any part of the body of any such animal or in case of reptiles,
damaging eggs, or disturbing the egg or nest.

Livestock farm animals and includes buffaloes, bulls, bullocks, camel, cows, donkeys, goats, sheep ,
horses, mules, yaks, pigs ducks, geese, poultry and their young bu does not include any animal
specified in scheduled I to IV. Protected Area. National park or centuries, or conservation reserve or
community reserves.

Specified plant Any plant specified in scheduled VI.

Zoo an establishment whether stationery or mobile where captive animals are kept for exhibition to the
public.

Section 5A-Constitution of National Board of Wild Life.

Functions of the national board.

a)Framing Policies- framing policies and advising CG on the ways and means for promoting W Life,
conservation and effectively controlling poaching and illegal trade.

b)Recommendation of setting up national parks, sanctuaries and other protected area and matter
relating to restriction of activities on those areas.
c)Assessment- various projects and activities on wild life and its habitat.

d)Publishing Reports- once in two year on wild life in the country.

Duties of State Board for wild life.

a)Recommendations- management and selection of areas to be declared as protected area.

b)Framing Policies- framing policy for protection and conservation of wild life.

c)Maintain harmonious relation- measure to be taken for harmonizing the needs of the tribal and other
dwellers of the forest with the protection and conservation of wild life.

Hunting of Wild life Animal permitted in certain cases-

a)The chief wild life warden may, if he satisfied that any wild animal specified in schedule I become
dangerous to human life or is so disabled or diseased as to be beyond recovery.

b)Capture animal shall be kept in capture unless the chief wild life warden satisfied that such animal
cannot be rehabilitated in wild.

c)In Self defense.

Section 12- Grant of permission for special purpose-

1.Education.

2.Scientific research.

3.Scientific management.

4.Translocation of wild animal for any suitable habitat.

5.Population of wild life, without killing, poisoning or destroying 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.

Collection, preservation and display in herbarium of any scientific institution. 4.Propagation by a


person or an institution approved by the Central Government in this regards.

Protection of specified plants-

Section 17A- no person shall


1.Willfully pick, uproot, damage, destroy acquire or collect any specified plant.

2.Possess, sell, offer for sale, or transfer by way of gift, whether live or dad, part or derivative.

Grant permission for

1.Education.

2.Scientific research.

3.Collection, preservation and display in any scientific institution.

Section 18- declaration of Sanctuary

The state government may- declare its intention to constitute any area other than an area comprised
within any reserve forest or the territorial waters as a sanctuary.

Rights or claim settlement within 2 months of declarations.

Section 21-Proclamation by Collector-

a)The collector specify as nearly as possible, the situation and the limits of the sanctuary.

b)The collector settles any claiming any right within two months of proclamation.

Section 25 Acquisition proceedings-

a)The collector proceeding under the Land Acquisition Act 1894.

b)The claimant appear before him for any claiming right.

c)If the claimant not accepted the award provided by collector, he shall be entitle to proceed to claim
relief.

d)The collector with the consent of claimant or court, may award compensation in land or money.

e)In the case of stoppage of a public common way pasture, the collector may provide the alternative
public way.

Section 26A Declaration of area as sanctuary-

A notification has been issued under section 18, and the period for claim has been elapsed, any claim
related to any land intended to declared as a sanctuary, a)have been disposed of by State government.

b)Any area comprised with any reserved forest or territorial water which state government may think
fit for wild life environment it may be included in the sanctuary.

Section 27 restriction on entry in Sanctuary-

no person other than-

a)A public servant on duty.

b)A person who has been permitted by chief wild life warden or the authorized office to reside within
the limits of the sanctuary.
c)A person who has any right over immovable property within the limits of the sanctuary.

d)A person passing through the sanctuary along a public high way.

A person so long as he resides in the sanctuary be bound-

a)To prevent any offence in the sanctuary against this Act.

b)To help in discovering and arresting the offender.

c)Extinguish any fire in the vicinity of such sanctuary.

d)Assist the officer who are responsible to prevent any office in the sanctuary.

Section 32- Control of sanctuary-

The Chief Wild Life warden shall be the authority to control, manage, and maintain the sanctuary
subject to

a)He may construct such roads, bridges, buildings, fences or barrier gets etc as he may think necessary
for the safety of sanctuary.

b)Shall take such steps which ensure the security of wild life animals.

c)May take such measures which may improve the habitat of wild life.

d)May regulate, prohibit, live stock in the interest of wild life.

Section 33B- Advisory Committee-

a)Chief wild life warden.

b)Member of the state legislature within whose constituency the sanctuary.

c)3 representative of panchayati institution.

d)2 representative of nongovernmental organization.

e)3 individual active in the field of wild life conservation.

The committee shall render the advice of better conservation of wild life.

Declaration of National Park-

The state government constituted as a National park for the purpose of protecting, propagating or
developing wild life or its environment.

No alteration of the boundaries of a National park by the State Government shall be made except on a
recommendation of the National Boar.

In KM Chinnappa V/s UOI- court held that-

Renewal of mining lease which is in the boundary of any national park subject to section 2.