The Environment (Protection) Act, 1986:

The Environment (Protection) Act was enacted in the United Nations Conference on Human
Environment (UNCHE), in Stockholm in June 1972. It consists of 26 sections. Section 2
provides the definition of environment, environmental pollutants and environmental pollution.
Section 3-6 deals with general powers of central to take measures to protect environment.
Section 7-21 deals with prevention, control and abatement of environmental pollution.

Objectives-
 An Act to provide for the protection and improvement of environment and for matters
connected therewith.
 It extends to the whole of India.

Salient Features-
 The Environment (Protection) Act, 1986 authorizes the central government to protect and
improve environmental quality, control and reduce pollution from all sources, and
prohibit or restrict the setting and /or operation of any industrial facility on environmental
grounds.
 It empowers the Central Government to establish authorities charged with the mandate of
preventing environmental pollution in all its forms and to tackle specific environmental
problems that are peculiar to different parts of the country.
 The Act was last amended in 1991.
 The Environment (Protection) Rules lay down procedures for setting standards of
emission or discharge of environmental pollutants.
 The objective of Hazardous Waste (Management and Handling) Rules, 1989 is to control
the generation, collection, treatment, import, storage, and handling of hazardous waste.
 The Manufacture, Storage, and Import of Hazardous Rules define the terms used in this
context, and sets up an authority to inspect, once a year, the industrial activity connected
with hazardous chemicals and isolated storage facilities.
 The Manufacture, Use, Import, Export, and Storage of hazardous Micro-organisms/
Genetically Engineered Organisms or Cells Rules,1989 were introduced with a view to
protect the environment, nature, and health, in connection with the application of gene
technology and micro-organisms.
 Whoever fails to comply with or contravenes any of the provisions of this Act, be
punishable with imprisonment for a term which may extend to five years 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 that period.
Water (Prevention and Control of Pollution) Act 1974:
This act deals with steps important for prevention and control of water pollution.
This act is a central act that contains 8 chapters and 64 sections. The act was passed in
pursuance of clause (1) of article 252 of the Constitution. Resolutions have been passed
by all the Houses of the Legislatures of the States. This act provides-
 Extent of territorial application, commencement and definition of terms associated
with water pollution and control. (Chapter 1, section 1-2).
 To constitute the CPCB, SPCB for preservation and joint board and their power
and function for preservation and control of water pollution. (Chapter 2, 3, 4,
section 3-18).
 To provide power for preservation and control of water pollution. (Chapter 5).
 To provide mechanism (funds, accounts and auditing) to disburse these function.
(Chapter 6, section 34-40).
 To provide the penalties and procedure for regulating the water pollution.
(Chapter 7, section 42-50).
 Miscellaneous- (Chapter 8) The Central Government by notification in the
Official Gazette- (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.
Objective:
 This is an Act to provide for the prevention and control of water pollution and the
maintaining or restoring of wholesomeness of water.
 One of the prime objectives of this act is carrying out the purposes by assigning a
set of responsibilities, powers, and functions to the Boards for the prevention and
control of water pollution.
 The Water Act applies in the whole the States of India.

Salient Features-
 To constitute Central & State Pollution Control Boards (PCBs).
 The State Boards shall investigate, assess, and monitor the issues of concern
regarding the quality and pollution of the water resources available in their
jurisdiction and shall report the same through quarterly and annual reports
during board meetings to the Central Board.
 The Central Board hereby shall look into the State Board’s reports and also
monitor and handle major issues regarding national water resources.
Functions of the Central Board-
The primary goal of the Central Board as stated in accordance with the Water Act
shall be to promote cleanliness of streams and wells in different areas of the States.
  Advise the Central Government on any matter concerning the prevention and control
of water pollution.
 Co-ordinate the activities of the State Boards and resolve dispute among them.
 Provide technical assistance and guidance to the State Boards, carry out and sponsor
investigations and research relating to problems of water pollution and prevention,
control or abatement of water pollution.
 Collect, compile and publish technical and statistical data relating to water pollution
and the measures devised for its effective prevention and control.
Functions of the State Board-

 The function of state board is to plan a comprehensive programme for the

prevention, control or abatement of pollution of streams and wells in the State.
 They advise the State Government on any matter concerning the prevention,
control or abatement of water pollution.
 Collaborate with the Central Board in organizing the training of persons
engaged or to be engaged in programmes relating to prevention, control or
abatement of water pollution.

Air (Prevention and Control of Pollution) Act 1981:

This is the Act that provide for the prevention, control and abatement of air pollution,
for the establishment, with a view to carrying out this purposes, of Boards, for conferring
on and assigning to such Boards powers and functions relating thereto and for matters
connect therewith.
Objectives:
 To provide for the prevention, control and abatement of air pollution.
 To provide for the establishment of central and State Boards with a view to implement
the Act.
 To confer on the Boards the powers to implement the provisions of the Act and assign to
the Boards functions relating to pollution.
 The Air (Prevention and Control of Pollution) Act, 1981 extends to the whole of India.

Salient Features-
 The Air Act consists of 54 sections that aims to define the terms associated with air
pollution and related aspects.
 Person Whoever contravenes any of the provision of the Act or any order or direction
issued is punishable with imprisonment for a term which may extend to three months or
with a fine of Rs. 10,000 or with both, and in case of continuing offence with an
additional fine which may extend to Rs 5,000 for every day during which such
contravention continues after conviction for the first contravention.
 Functions of the Central Board- The main functions of the Central Board shall be to
improve the quality of air and to prevent, control or abate air pollution in the country. These
are:

 To advise the Central Government on any matter concerning the improvement of the
quality of air and the prevention, control or abatement of air pollution.
 To plan and cause to be executed a nation-wide programme for the prevention, control or
abatement of air pollution.
 To co-ordinate the activities of the State and resolve disputes among them.
 To provide technical assistance and guidance to the State Boards, carry out and sponsor
investigations and research relating to problems of air pollution and prevention, control
or abatement of air pollution.
Functions of the State Board- The function of any State Board may be specified that are as
follows-

 To plan a comprehensive programme for the prevention, control or abatement of air

pollution and to secure the execution thereof.
 To advise the State Government on any matter concerning the prevention, control or
abatement of air pollution.
 To collect and disseminate information relating to air pollution.
 To collaborate with the Central Board in organizing the training of persons engaged or to
be engaged in programmes relating to prevention, control or abatement of air pollution
and to organize mass-education programme relating thereto.
 To inspect air pollution control areas at such intervals as it may think necessary, assess
the quality of air therein and take steps for the prevention, control or abatement of air
pollution in such areas.

Wildlife Protection Act, 1972:

The term wildlife is defined under section2 (37) of Wildlife Protection Act as “Any
animal aquatic or land vegetation which forms part of any habitat.”The act aims for
protection of wild animals, birds and plants and for matters connected therewith. The
Wildlife Protection Act contains 66 sections and six schedules.

Objectives:
 The main objective of wildlife protection act is to protect animals and plants.
 Prohibition on hunting of specified wild animals, birds and plants.
 Control of trade and commerce in wildlife and wildlife products.

Salient Features-The wildlife Protection Act have following provisions-

 Constitute institutional mechanism (National Board of Wildlife/State Board Wildlife),
Director and wildlife warden for protection of wildlife and their power procedure and
duties.
 Prohibits hunting of animals specified in schedule I to IV of the act.
 Lays down the procedures for declaration of protected areas such as national park,
wildlife sanctuaries, conservation reserve and community reserve.
 Regulate possession, access or transfer of or trade in wild animals, plants, animal articles
and trophies and taxidermy thereof.
 Provide penalties for contravention of the act as imprisonment, fine or both.
 In schedule I and Schedule II provide absolute protection and offences under these are
prescribed the highest penalties.
 In schedule III and Schedule IV are less and these animals are protected and penalties are
much lower.
 Schedule V includes the animals which may be hunted. These are Common crow, Fruit
bats, Mice & Rats only.
 Schedule VI contains the plants, which are prohibited from cultivation and planting.

Forest (Conservation) Act, 1980:

The act came into force on 25 October 1980. It is an Act of the Parliament of India that
was enacted for providing a higher level of protection to forests and to regulate diversion
of forest lands for non forest purposes.
Objectives:
 The act extends to the whole of India except the state of Jammu and Kashmir.
 Establishment of central and State Boards with a view to implement the Act.
 Consent of central board is mandatory over state board.

Salient Features-
 The act makes a provision of a prior approval of the Central Government necessary
before a State Government or any other authority issues direction for dereservation of
reserved forests, use of forest land for non – forest purpose, assigning forest land by way
of lease or otherwise to any private person or to any authority, corporation, and agency.
 This act has five sections.
 Section 1 of the Act explains Short Title, Extent, and the Date of commencement.
 Section 2 of the act is about the restriction on the State Government for dereservation of
forests or use of forest land for non-forest purpose.
 Section 3 of the Act deals with constitution of Advisory Committee. Section 3A deals
with Penalty for contravention of the provisions of the Act. Section 3B deals with cases
in which the offence is made by Authorities or Government Departments.
 Section 4 deals with power to make rules. It states that the Central Government may, by
notification in the Official Gazette, makes rules for carrying out the provisions of this
Act.
 Section 5 deals with repealing and saving.
 Penalty for contravention of the provisions of the Forest (Conservation) Act, 1980 that
whoever contravenes or abets the contravention of any of the provisions of section 2,
shall be punishable with simple imprisonment for a period which may extend to fifteen
days.

Scheduled Tribes and Other Traditional Forest Dwellers (Recognition

of Forest Rights) Act, 2006:
Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006, has been enacted to recognize and vest the forest rights and occupation
of forest land in forest dwelling Scheduled Tribes and other traditional forest dwellers,
who have been residing in such forests for generations, but whose rights could not be
recorded. This Act not only recognizes the rights to hold and live in the forest land under
the individual or common occupation for habitation or for self-cultivation for livelihood,
but also grants several other rights to ensure their control over forest resources which,
inter-alia, include right of ownership, access to collect, use and dispose of minor forest
produce, community rights, habitat rights for primitive tribal groups and pre-agricultural
communities, right to protect, regenerate or conserve or manage any community forest
resource which they have been traditionally protecting and conserving for sustainable
use. The Act also provides for diversion of forest land for public utility facilities managed
by the Government, such as schools, dispensaries, fair price shops, electricity and
telecommunication lines, water tanks, etc. with the recommendation of Gram Sabhas.

Salient Features-
These are as follows-
 The act recognize and vest the forest rights and occupation in Forest land in forest
Dwelling Scheduled Tribes (FDST) and Other Traditional Forest Dwellers (OTFD)who
have been residing in such forests for generations.
 The act also establishes the responsibilities and authority for sustainable use,
conservation of biodiversity and maintenance of ecological balance of FDST and OTFD.
 It strengthens the conservation regime of the forests while ensuring livelihood and food
security of the FDST and OTFD.
 It seeks to rectify colonial injustice to the FDST and OTFD who are integral to the very
survival and sustainability of the forest ecosystem.
 The act identify four types of rights:
1-Title rights-
 It gives FDST and OTFD the right to ownership to land farmed by tribals or forest
dwellers subject to a maximum of 4 hectares.
 Ownership is only for land that is actually being cultivated by the concerned family and
no new lands will be granted.
2-Use rights-
 The rights of the dwellers extend to extracting Minor Forest Produce, grazing areas, to
pastoralist routes, etc.
3-Relief and development rights-
 To rehabilitation in case of illegal eviction or forced displacement and to basic amenities,
subject to restrictions for forest protection.
4-Forest management rights-
 It includes the right to protect, regenerate or conserve or manage any community forest
resource which they have been traditionally protecting and conserving for sustainable
use.