ENVIRONMENTAL LEGISLATION IN

INDIA
WILDLIFE PROTECTION ACT (1972)
 An Act to provide for the protection of wild animals, birds and plants and for matters
connected therewith or ancillary or incidental thereto with a view to ensuring the
ecological and environmental security of the country
 Important terms related to the act:
 “animal” includes amphibians, birds, mammals and reptiles and their young, and also
includes, in the cases of birds and reptiles, their eggs
 “animal article” means an article made from any captive animal or wild animal, other than
vermin, and includes an article or object in which the whole or any part of such animal
 “trophy” means the whole or any part of any captive animal or wild animal, other than
vermin, which has been kept or preserved by any means, whether artificial or natural
 “uncured trophy” means the whole or any part of any captive animal or wild animal, other
than vermin, which has not undergone a process of taxidermy
 “vermin” refers to small animals that carry diseases and destroy food
 “reserve forest” means the forest declared to be reserved by the State Government under
section 20 of the Indian Forest Act, 1927
WILDLIFE PROTECTION ACT (1972)
 The Act provides for Wildlife Advisory Boards, Wildlife Wardens and Chief
Conservator of Forest is the same person exercising powers under both Acts.
 Wild life and forest Act except for specified conditions the Act prohibits,
hunting of animals listed in schedule, I, II, III and IV.
 On the basis of ecological, faunal, floral, geomorphological, natural or
Zoological significance, the state government may declare any area to be
Sanctuary or National Park where public entry is restricted and destruction of
any wildlife or habitat is prohibited.
 In Principle of WLPA, National park enjoys more restricted and higher degree
of protection, than sanctuaries, for example, pasturing and grazing of
livestock is permitted in sanctuaries but prohibited in National park.
 CITES provisions were introduced in 1986 by using the provisions of Article 253.
It prohibited trade, or commerce in trophies, or animal articles derived from
scheduled animals. All such dealings can be carried out with the license
issued by the Chief wild life warden.
WATER (PREVENTION & CONTROL OF
POLLUTION) ACT, 1974
 The act aims to prevent and control water pollution and to maintain/restore
wholesomeness of water by establishing central and state pollution control
board to monitor and enforce the regulations.
 The Central Pollution Control Board, and State Pollution Control Boards
composition, terms and conditions of service of members are defined in
Sections 3-12 of water (prevention and control of pollution) act, 1974.
 The Board advises the government on any matter concerning the prevention
and control of water pollution. It coordinates the activities and provides
technical assistance and guidance. This policy sets the standards and
penalties for non-compliance for polluting bodies.
 The Government has power to restrict any unit, and to take samples of
effluents and get them analyzed in Central or State laboratories. Whoever
fails to comply with any provision of this Act is punishable with imprisonment,
fine or with both.
WATER (PREVENTION & CONTROL OF
POLLUTION) ACT, 1974
Important terms:
 “Board” means the Central Board or a State Board
 “outlet” includes any conduit pipe or channel, open or closed, carrying sewage or
trade effluent or any other holding arrangement which causes, or is likely to cause,
pollution
 “pollution” means such contamination of water or such alteration of the physical,
chemical or biological properties of water or such discharge of any sewage or
trade effluent or of any other liquid, gaseous or solid substance into water
(whether directly or indirectly) as may, or is likely to, create a nuisance or render
such water harmful or injurious to public health or safety, or to domestic,
commercial, industrial, agricultural or other legitimate uses, or to the life and
health of animals or plants or of aquatic organisms
 “trade effluent” includes any liquid, gaseous or solid substance which is
discharged from any premises used for carrying on any industry, operation or
process, or treatment and disposal system, other than domestic sewage.
WATER (PREVENTION & CONTROL OF
POLLUTION) ACT, 1974
The Central Board may perform all or any of the following functions, namely,-
 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 disputes 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;
 plan and organise the training of persons engaged or to be engaged in
programmes for the prevention, control or abatement of water pollution on
such terms and conditions as the Central Board may specify;
WATER (PREVENTION & CONTROL OF
POLLUTION) ACT, 1974
The Central Board may perform all or any of the following functions, namely,-
 organise through mass media a comprehensive programme regarding the
prevention and control 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 and prepare
manuals, codes or guides relating to treatment and disposal of sewage and trade
effluents and disseminate information connected therewith;
 lay down, modify or annul, in consultation with the State Government concerned,
the standards for a stream or well;
 plan and execute a nation-wide programme for the prevention, control or
abatement of water pollution;
 perform such other functions as may be prescribed.
WATER (PREVENTION & CONTROL OF
POLLUTION) ACT, 1974
The State Board may perform all or any of the following functions, namely,-
 include planning comprehensive programmes for the prevention, control and
abatement of water pollution in streams and wells;
 collecting and disseminating information related to water pollution and advising
state government about such matters;
 encouraging, conducting and participating in investigations and research related
to problems of water pollution and its prevention;
 inspecting sewage, trade effluents and sewage treatment plants;
 reviewing water purification plants; and
 establishing or modifying effluent standards for sewage and trade effluents.
 The State Board may establish or recognize a laboratory or laboratories to perform
the Board’s functions.
FOREST CONSERVATION ACT, 1980
 An Act to provide for the conservation of forests and for matters connected
therewith or ancillary or incidental thereto.
 It extends to the whole of India except the State of Jammu and Kashmir.
 It states that no State Government or other authority shall make, except with
the prior approval of the Central Government, any order directing— (i) that
any reserved forest (within the meaning of the expression “reserved forest” in
any law for the time being in force in that State) or any portion thereof, shall
cease to be reserved; (ii) that any forest land or any portion thereof may be
used for any non-forest purpose.
 “non-forest purpose” means the breaking up or clearing of any forest land or
portion thereof for any purpose other than reafforestation.
 The Central Government may, by notification in the Official Gazette, make
rules for carrying out the provisions of this Act.
AIR (PREVENTION & CONTROL OF
POLLUTION) ACT, 1981
 An Act to provide for the prevention, control and abatement of air pollution and for the
establishment of Central & State Pollution Control Boards, for conferring powers and
functions relating thereto and for matters connecting therewith
 Important terms:
 "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 plants or property or environment;
 "air pollution" means the presence in the atmosphere of any air;
 "emission" means any solid or liquid or gaseous substance coming out of any chimney,
duct or flue or any other outlet;
 "industrial plant" means any plant used for any industrial or trade purposes and emitting
any air pollutant into the atmosphere
 Whoever fails to comply with any provision of this Act is punishable with imprisonment, fine
or with both.
AIR (PREVENTION & CONTROL OF
POLLUTION) ACT, 1981
 The Central Board shall exercise the powers and perform the functions of the Central Board for
the Prevention and Control of Air Pollution under this Act.
 Functions of Central Board:
1. advise the Central Government on any matter concerning the improvement of the quality of
air and the prevention, control or abatement of air pollution;
2. plan and cause to be executed a nation-wide programme for the prevention, control or
abatement of air pollution;
3. co-ordinate the activities of the State and resolve disputes among them;
4. 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
5. collect, compile and publish technical and statistical data relating to air pollution and the
measures devised for its effective prevention, control or abatement and prepare manuals,
codes or guides relating to prevention, control or abatement of air pollution
AIR (PREVENTION & CONTROL OF
POLLUTION) ACT, 1981
 The State Board shall exercise the powers and perform the functions of the State
Board for the Prevention and Control of Air Pollution under this Act.
 Functions of State Board:
1. to plan a comprehensive programme for the prevention, control or abatement of air
pollution and to secure the execution thereof-,
2. to advise the State Government on any matter concerning the prevention, control
or abatement of air pollution;
3. to collect and disseminate information relating to air pollution;
4. to collaborate with the Central Board in organising the training of persons engaged
or to be engaged in programmes relating to prevention, control or abatement of air
pollution and to organise mass-education programme
5. to inspect, at all reasonable times, any control equipment, industrial plant or
manufacturing process
ENVIRONMENTAL PROTECTION ACT,
1986
 The Environment (Protection) Act was enacted in the year
1986.
 It was enacted with the main objective to provide the
protection and improvement of environment and for matters
connected therewith. The Act is one of the most
comprehensive legislations with pretext to protection and
improvement of environment.
 The Environment (Protection) Act 1986 was introduced after
the Bhopal gas tragedy.
ENVIRONMENTAL PROTECTION ACT,
1986
 OBJECTIVES OF THE ACT:
1. To provide the protection and improvement of environment.
2. To implement the decisions made at the UN Conference on Human Environment held at
Stockholm in June, 1972.
3. To enact a general law on the areas of environmental protection which were left
uncovered by existing laws. The existing laws were more specific in nature and
concentrated on a more specific type of pollution and specific categories of hazardous
substances rather than on general problems that chiefly caused major environmental
hazards.
4. To co-ordinate activities of the various regulatory agencies under the existing laws.
5. To provide for the creation of an authority or authorities for environmental protection.
6. To provide a deterrent punishment to those who endanger human environment, safety
and health.
ENVIRONMENTAL PROTECTION ACT,
1986
Penalties
Section 15 provides for Penalties for contravention of the provisions of the Act as well
as the Rules, Orders and Directions. Whoever fails to comply with or contravenes any
of the provisions, rules, orders or directions of this Act shall 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. 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. If the failure or
contravention 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.
SCHEDULED TRIBES & OTHER TRADITIONAL
FOREST DWELLERS (RECOGNITION OF FOREST
RIGHTS) ACT, 2006
 An Act to recognise and vest the forest rights and occupation in 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; to provide for a framework for recording the
forest rights so vested and the nature of evidence required for such recognition and vesting in
respect of forest land.
 Important terms:
 “community forest resource” means customary common forest land within the traditional or
customary boundaries of the village or seasonal use of landscape in the case of pastoral
communities, including reserved forests, protected forests and protected areas such as Sanctuaries
and National Parks to which the community had traditional access;
 “critical wildlife habitat” means such areas of National Parks and Sanctuaries where it has been
specifically and clearly established, case by case, on the basis of scientific and objective criteria,
that such areas are required to be kept as inviolate for the purposes of wildlife conservation
 “forest dwelling Scheduled Tribes” means the members or community of the Scheduled Tribes who
primarily reside in and who depend on the forests or forest lands for bona fide livelihood needs and
includes the Scheduled Tribe pastoralist communities
SCHEDULED TRIBES & OTHER TRADITIONAL
FOREST DWELLERS (RECOGNITION OF FOREST
RIGHTS) ACT, 2006
 Important terms:
 “forest villages” means the settlements which have been established inside the
forests by the forest department of any State Government for forestry operations
 “Gram Sabha” means a village assembly which shall consist of all adult members of
a village
 “minor forest produce” includes all non-timber forest produce of plant origin
including bamboo, brush wood, stumps, cane, tussar, cocoons, honey, wax, lac,
tendu or kendu leaves, medicinal plants and herbs, roots, tubers and the like

 The Central Government may, by notification, and subject to the condition of

previous publication, make rules for carrying out the provisions of this Act.
SCHEDULED TRIBES & OTHER TRADITIONAL
FOREST DWELLERS (RECOGNITION OF FOREST
RIGHTS) ACT, 2006
 For the purposes of this Act, the following rights, which secure individual or
community tenure or both, shall be the forest rights of forest dwelling Scheduled
Tribes and other traditional forest dwellers on all forest lands, namely:–
1. right to hold and live in the forest land under the individual or common occupation
for habitation or for self-cultivation for livelihood by a member or members of a
forest dwelling Scheduled Tribe or other traditional forest dwellers;
2. community rights such as nistar, by whatever name called, including those used in
erstwhile Princely States, Zamindari or such intermediary regimes;
3. right of ownership, access to collect, use, and dispose of minor forest produce
which has been traditionally collected within or outside village boundaries;
4. other community rights of uses or entitlements such as fish and other products of
water bodies, grazing (both settled or transhumant) and traditional seasonal
resource access of nomadic or pastoralist communities
SCHEDULED TRIBES & OTHER TRADITIONAL
FOREST DWELLERS (RECOGNITION OF FOREST
RIGHTS) ACT, 2006
5. rights including community tenures of habitat and habitation for primitive tribal
groups and pre-agricultural communities;
6. rights in or over disputed lands under any nomenclature in any State where claims
are disputed;
7. rights of settlement and conversion of all forest villages, old habitation, unsurveyed
villages and other villages in forests, whether recorded, notified or not into revenue
villages;
8. right to protect, regenerate or conserve or manage any community forest resource
which they have been traditionally protecting and conserving for sustainable use;
SCHEDULED TRIBES & OTHER TRADITIONAL
FOREST DWELLERS (RECOGNITION OF FOREST
RIGHTS) ACT, 2006
The holders of any forest right, Gram Sabha and village level institutions in areas where
there are holders of any forest right under this Act are empowered to–
(a) protect the wild life, forest and biodiversity;
(b) ensure that adjoining catchments area, water sources and other ecological
sensitive areas are adequately protected;
(c) ensure that the habitat of forest dwelling Scheduled Tribes and other traditional
forest dwellers is preserved from any form of destructive practices affecting their
cultural and natural heritage;
(d) ensure that the decisions taken in the Gram Sabha to regulate access to
community forest resources and stop any activity which adversely affects the wild
animals, forest and the biodiversity are complied with.