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ïWater (prevention and control of pollution)

act, 1974.

ïAir (prevention and control of pollution) act,

1981.

ïThe environment (protection) act, 1986

  
The Water (prevention and control of pollution)

Act is enacted with the objective of prevention &

control of pollution in India and Maintaining and

restoring wholesomeness of water.

   
ï Ôoard

ï occupier

ï outlet

ï Pollution

ï Prescribed

ï Sewage affluent

ï Sewer

ï Trade effluent

ï New discharge
 
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ï A full-time chairman

ï Maximum of 5 officials, to represent that Government

ï Non-officials, not exceeding three to represent the interests of agriculture,

fishery or industry or trade or any other interest

ï Two persons to represent the companies or corporations owned

ï Full-time member-secretary

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ïAdvise the Central Government on any matter concerning the prevention
and control of water pollution;

ïCo-ordinate the activities of the State Ôoards and resolve disputes among
them;

ïProvide technical assistance and guidance to the State

Ôoards carry out and sponsor investigations and research relating to problems
of water pollution and prevention, control of abatement of water pollution;

ïPlan and organize the training of persons engaged or to be engaged in

programs for the prevention, control or abatement of water pollution on such
terms and condition as the Central Ôoard may specify

ïOrganize through mass media a comprehensive program regarding the

prevention and control of water pollution;

ïCollect, compile an publish, technical and statistical data relating to water
pollution and the measures devised for its effective prevention and control
and prepare manuals, codes or guides relating to treatment and disposal of
sewage and trade effluents and disseminate information connected therewith

ïLay down, modify or annul, in consultation with the

State Government concerned, the standards for a stream or well: Provided that
different standards may be laid down for the same stream or well or for
different streams or wells, 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 or streams or wells

ïPlan and cause to be executed a nation-wide programme for the prevention,

control or abatement of water pollution

ïPerform such other functions as may be prescribed.


    
ïTo plan a comprehensive program for the prevention, control or abatement of
pollution of streams and wells in the
State and to secure the execution thereof.

ïTo advise the State Government on any matter concerning the prevention, control
or abatement of water pollution.

ïTo collect and disseminate information relating to water pollution and the
prevention, control or abatement thereof.

ïTo encourage, conduct and participate in investigations and research relating to

problems of water pollution and prevention, control or abatement of water
pollution.

ïTo lay down, modify or annul effluent standards for the sewage and trade effluents
and for the quality of receiving waters.

ïTo collaborate with the Central Ôoard in organizing the training of persons
engaged or to be engaged in programs relating to prevention, control or
abatement of water pollution and to organize mass education programs
relating thereof.

ïTo 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 the system for the disposal of sewage or trade effluents or in
connection with the grant of any consent as required by this Act.

ïTo 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 which render it impossible to
attain even the minimum degree of dilution.

ïTo evolve methods of utilisation of sewage and suitable trade effluents in
agriculture

ïTo evolve efficient methods of disposal of sewage and trade effluents on

land, as are necessary on account of the predominant conditions of scant
stream flows that do not provide for major part of the year the minimum
degree of dilution

ïTo lay down standards of treatment of sewage and trade effluents to be

discharged into any particular stream 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 the discharge of such effluents

ïTo make, vary or revoke any order-

(i) for the prevention, control or abatement of discharges of waste into streams
or wells;

üii] Requiring any person concerned to construct new systems for the disposal
of sewage and trade effluents or to modify, alter or extend any such existing
system or to adopt such remedial measures as are necessary to prevent,
control or abate water pollution

ïTo lay down effluent standards to be complied with by persons while causing
discharge of sewage or sullage or both and to lay down, modify or annul
effluent standards for the sewage and effluents

ïTo advise the State Government with respect to the location of any industry
the carrying on of which is likely to pollute a stream or well

ïTo perform such other functions as may be prescribed or as may, from time
to time, be entrusted to it by the Central
Ôoard or the State Government.
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*An act to provide for the prevention, control and

abatement of air pollution, for the establishment, with a
view to carrying out the aforesaid purposes, of boards,
for conferring on and assigning to such boards powers
and functions relating there to and for matters
connected therewithࠌ
 
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ï Central Pollution Control Ôoard constituted under section 3 of
the Water (Prevention and control of Pollution) Act, 1974 was
authorized to exercise the powers and performs the functions
for the prevention and control of air pollution.

ï State Pollution Control Ôoards constituted under section 4 of the

Water (Prevention and control of Pollution) Act, 1974 was
authorized to exercise the powers and performs the functions
for the prevention and control of air pollution.
ï „nder sec 5 of the act, where, in any state there is no such state
there is no such state board for prevention of water pollution, the
state government shall constitute a state board for prevention and
control of air pollution.

The state board so constituted shall have the following members:

ï A chairman, being a person having special knowledge or practical

experience in respect of matters relating to environmental
protection, to be nominated by the state government.
ï Number of officials, not exceeding 5, as the state government may
think fit, to be nominated to represent the state government.

ï Number of persons, not exceeding 5, as the state government may

think fit, to be nominated by the state government from amongst
the members of the local authorities.

ï Number of officials, not exceeding 3, as the state government may

think fit, to be nominated by the state government to represent the
interest of agriculture, fishery or industry or trade or labor.
ï Two persons represent the companies or corporations owned,

controlled or managed by the state government, to be nominated by

that government.

ï A full-time member-secretary having practical experience in

respect of matters relating to environmental protection and having

administrative experience, to be appointed by the state government.

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ï „nder section 19, the state government may, after consultation with
the state board, declare in the prescribed manner by notification in the
official gazette, any area or areas within the state as air pollution control
area or areas for the purpose of act.
ï If the state government, after consultation with the state board, is of the
opinion that the use of any fuel, other than an approved fuel, in any air
pollution control area or part thereof, may cause or is likely to cause
air pollution, it may by notification in the official gazette, prohibit the
use of such fuel in such area or part thereof with effect from such date as may
be specified in the notification.
ï If the state government, after consultation with the state board, is of
the opinion that the burning of any material in any air pollution
control area or part thereof may cause or is likely to cause air
pollution, it may, by notification in the official gazette, prohibit the
burning of such material in such area or part thereof.
ï „nder section 20 of the act, the state government shall, in
consultation with the state board, give such instruction as it may
deem necessary to the concerned authority in charge of registration of
motor vehicles under the motor vehicles act, 1939, with a view to
ensuring that standards for emission of air pollutnts from
automobiles, laid down by the state board are compiled with.
  

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ï This Act may be called the Environment (Protection) Act,
1986.

ï It extends to the whole of India.

ï It shall come into force on such date 1 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.
  
ï Õ !  Õ 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

ï Õ !   Õ means any solid, liquid or gaseous

substance present in such concentration as may be, or tend to be,
injurious to environment

ï Õ !   Õ means the presence in the

environment of any environmental pollutant
ï Õ  Õ 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
ï Õ"  Õ 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, plants, micro-organism,
property or the environment
ï ÕÕ in relation to any factory or premises, means a
person who has control over the affairs of the factory or the
premises and includes in relation to any substance, the
person in possession of the substance
ï ÕÕ means prescribed by rules made under this Act.
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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 and abating
environmental pollution.
Such measures may include :
ï Co-ordination of actions by the State Governments, officers and
other authorities
ï planning and execution of a nation-wide programme for the
prevention, control and abatement of environmental pollution.

ï laying down standards for the quality of environment in its various
aspects.
ï laying down standards for emission or discharge of environmental
pollutants from various sources whatsoever.
ï restriction of areas in which any industries, operations or processes, or
class of industries, operations or processes shall not be carried out or
shall be carried out subject to certain safeguards.
ï laying down procedures and safeguards for the prevention of accidents
which may cause environmental pollution and remedial measures for
such accidents.
ï laying down procedures and safeguards for the handling of hazardous
substances.
ï examination of such manufacturing processes, materials and
substances as are likely to cause environmental pollution.
ï carrying out and sponsoring investigations and research relating to
problems of environmental pollution.
ï inspection of any premises, plant, equipment, machinery,
manufacturing or other processes, materials or substances and giving,
by order, of such directions to such authorities, officers or persons as
it may consider necessary to take steps for the prevention, control and
abatement of environmental pollution.
ï establishment or recognition of environmental laboratories and
institutes to carry out the functions entrusted to such environmental
laboratories and institutes under this Act.
ï collection and dissemination of information in respect of matters
relating to environmental pollution.
ï preparation of manuals, codes or guides relating to the prevention,
control and abatement of environmental pollution.
 
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ï 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.
ï 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 :-
ï the standards of quality of air, water or soil for various areas and
purposes;
ï the maximum allowable limits of concentration of various
environmental pollutants (including noise) for different areas;
ï the procedures and safeguards for the handling of hazardous
substances;
ï the prohibition and restrictions on the handling of hazardous
substances in different areas;

ï the prohibition and restrictions on the location of industries and

the carrying on of processes and operations in different areas;

ï 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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ï NO PERSON CARRYING ON ANY IND„STRY, OPERATION OR

PROCESS SHALL DISCHARGE OR EMIT OR PERMIT TO ÔE
DISCHARGED OR EMITTED ANY ENVIRONMENTAL POLL„TANT
IN EXCESS OF S„CH STANDARDS AS MAY ÔE PRESCRIÔED.
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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.
 
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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.
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ï The Central Government may, by notification in the Official
Gazette, -
ï establish one or more environmental laboratories;
ï recognise one or more laboratories or institutes as environmental
laboratories to carry out the functions entrusted to an
environmental laboratory under this Act.
ï The Central Government may, by notification in the Official
Gazette, make rules specifying ࠂ
ï the functions of the environmental laboratory;
ï the procedure for the submission to the said laboratory of samples
of air, water, soil or other substance for analysis or tests, the form
of the laboratory report thereon the fees payable for such report;
ï such other matters as may be necessary or expedient to enable that
laboratory to carry out its functionO
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ï Whoever fails to comply with or contravenes any of the provisions of this
Act, will be punishable with imprisonment for a term which may extend to
five years or with fine which may extend to one lakh rupees, or with both,
and in case the failure or contravention continues, with additional fine
which may extend to five thousand rupees for every day during which
such failure or contravention continues after the conviction for the first
such failure or contravention.
ï If the failure or contravention referred to in sub-section (1) continues
beyond a period of one year after the date of conviction, the offender shall
be punishable with imprisonment for a term which may extend to seven
years.