NAMRATA KISHNANI

 The Water (Prevention and control of pollution) act, 1974

• The Air (Prevention and control of pollution) act, 1981
• Wildlife Protection act, 1972
• The Indian Forest act, 1980
• The Environment (Protection)act, 1986
Introduction-
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.
Prevention and control of water pollution.
Maintaining or restoring the wholesomeness of water.
Establishment of boards for the prevention and
control of water pollution.
1 Chairman
5 officials
3 non officials
2 persons to represent companies
1 secretary
To promote cleanliness of streams and wells.
Advise the central govt.
Resolve disputes between states.
Providing technical assistance and guiding.
Organize comprehensive program.
To establish laboratories.
Planning a comprehensive program.
Advising the state govt.
Conducting investigations and research.
Inspecting waste water treatment plants.
Prescribing standards for sewage.
Establishing laboratories.
Power to obtain information.
Power to take samples.
Power of entry and inspection.
Power on prohibition on disposal of polluting matter
into a stream or well.
Introduction-
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 thereto and for
matters connected therewith.
The establishment of the central board and state
board are exactly same as in the water act.
The functions are identical to the functions of water
act but with a difference that the air act aim to
control the air pollution whereas the water act aim to
control the water pollution.
Power to declare Air Pollution Control Areas.
Power to establish standards for emission of air
pollutants from Automobiles.
Power to restrict use of certain industrial plants.
Power of entry and inspection.
Power to take samples.
 Introduction-
The Wildlife Protection Act, 1972 is an Indian legislation enacted by
the Parliament of India for protection of plants and animal species
To maintain essential ecological processes and life
supporting systems.
To preserve the biodiversity.
To ensure a continous use of species i.e. protection
and conservation of wild life.
Minister incharge of forest in state or U.T.
2 members of the state legislature.
Secretary to the state govt.
Forest officer incharge of forest deptt.
An officer to be nominated by the director.
Chief wildlife warden.
5 officer of state govt.
10 person in the opinion of state govt.
Prohibition of hunting and dealing in animal articles
without license.
Protection of specified plants.
Declaration of Sanctuary and Restriction on entry in
Sanctuary.
Declaration of National Parks and Closed Areas.
Power of cancellation of License.
Power of entry.
Power of search.
Power of Arrest.
Power of Detention.
Person violating any provision of this act shall be
punished with imprisonment for three years or fine of
Rs. 23000 or both.
A COMMITMENT OF THE CENTRAL GOVERNMENT
FOR THE CAUSE OF ENVIRONMENTAL
CONSERVATION AND SUSTAINABLE DEVELOPMENT.
Protection of Forests.
This Act is an interface between conservation and
development.
Permits judicious and regulated use of forest land for
non-forestry purposes.
Indiscriminate and massive diversion of forest land for
non forestry purposes since independence.
Approximately 4.3 million hectare of forest land diverted
during 1950 to 1980 for non forestry purposes.
The subject forest was brought in the concurrent list in
1977.
In 1980, the Forest (Conservation) Act was enacted for
providing a higher level of protection to the forests and
to regulate diversion of forest lands for non forestry
purposes.
FC ACT, 1980 Prior approval of the Central Government
is essential for de-reservation of forest lands and / or
diversion of forest lands for non-forestry purposes.
It is a Regulatory Act, not prohibitory.
The Act is an interface between conservation and
development.
Permits judicious and regulated use of forest land for
non-forestry purposes.
Procedure for Forest Clearance –

•Proposals recommended by the State / UT Govts. forwarded to

the Central Govt. for approval under Section 2 of the Act.

•Proposals examined by Forest Advisory Committee (FAC)

constituted under Section 3 of the Act.

•Decisions taken on the basis of the recommendations of the

FAC.

•FC Rules, 2003 prescribe specific time limits for processing the
cases.
FAC is a seven member Committee under the
chairmanship of DGF SS, MoEF.
Three non official members eminent experts in forestry
and allied disciplines appointed for a period of two
years.
ADGF, MoEF Additional Commissioner (Soil
Conservation), Ministry of Agriculture.
IGF (FC) -- Member Secretary
Meeting not less than once a month, generally at New
Delhi
Quorum is Three.
1. Restriction on the de-reservation of forests
2. Constitution of Advisory Committee
3.Penalty for contravention of the provisions of the Act
4.Offences by authorities and Government Departments
5.Power to makes rules
6.Saving / conservation
It is derived from French word “Environner” which
means encircle or surround.
All the biological and non-biological entities
surrounding us include in environment.
According to EPA “Environment is sum of total water,
air & land, inter-relationship among themselves and
also with the human beings, other living organism
and property.”
An act provide for the protection and improvement of
environment and formatted connected therewith:-

Whereas the decision where 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 the Human
Environment.
• Department of Environment was established in 1980. this
later become Ministry of Environment and Forest.

• The Environment (Protection) Act 1986 came into effect

soon after the Bhopal gas tragedy.

• The Act comes into force on 19 Nov. 1986, the birth

anniversary of our late Prime Minister Mrs. Indira Gandhi,
who was a pioneer of environmental protection issues in
our country.
• To implement the decisions made at the U.N. Conference on
the Human Environment held at Stockholm in June, 1972.

• To co-ordinate activities of the various regulatory agencies

under the existing laws and creation of an authority or
authorities for environment protection.

• To provide for deterrent punishment to those who endanger

human environment, safety and health.

• To ensure sustainable development is also one of the goals of

the EPA,1986. If the act is not armed with the powers to
ensure sustainable development, it will become a barren
shell.
• To enact general law on environmental protection which
could cover uncovered gaps in the areas of major
environmental hazards as the existing laws generally
focused on specific types of pollution or on specific
categories of hazardous substances and some major areas
of environmental were not covered.

• In short, the EPA, 1986 aims at protecting and improving

the environment and prevention of hazards to human
beings, other living creatures, plant and property
The Environmental act, 1986 has 26 sections and it
has been divided into four chapters relating to:

1.Preliminary.
2.General powers of the central government.
3.Prevention, control and abatement of
Environmental pollution.
4.Miscellaneous.
1. Short title, Extend and Commencement

1. Definitions
1. Short titles, Extend and Commencement :-

•The Environment Protection Act (1986) Enacted under

article 253 of the Indian constitution. To protect and improve
environmental quality, control and reduce pollution from all
sources.
•This Act may be called the Environment
(Protection)Act, 1986.
•It extends to the whole of India.
•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.
2. DEFINITIONS :-

•Environment : Environment 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, microorganisms and property.
•Environmental Pollutant : Environmental Pollutant means
any solid, liquid or gaseous substance present in such
concentration as may be, or tend to be, injurious to
environment.
•Environmental Pollution : Environmental pollution means
the presence in the environment of any environmental
pollutant.
• Handling : Handling, in relation to any substance, means
the manufacture, process, treatment, destruction,
conversion, offering for sale, transfer, or the like of such
substance.

• Hazardous Substance : Hazardous substance means any

substance or preparation which, by reason of its chemical
or physicochemical properties or handling, is likely to
cause harm to human beings, other living creatures, plants,
microorganisms, property, or the environment.

• Occupier : Occupier in relation to any factory or premises

means a person who has control over the affairs of the
factory or premises and includes, in relation to any
substance, the person in possession of the substance.
• To make rules to regulate environmental pollution;

• To notify standards and maximum limits of pollutants of

air, water, and soil for various areas and purposes;
Prohibition and restriction on the handling of hazardous
substances, and location of industries

• May constitute authority or authorities for the purpose of

exercising of performing such of the powers and
functions;
• May appoint a person for inspection;

• May issue directions in writing to any officers or any

authority to comply;

• It empower the government to make rules to achieve the

object of the Act.

• Persons carrying on industry, operation etc. not to allow

emission or discharge of environmental pollutants in
excess of the standards;

• Persons handling hazardous substances must comply with

procedural safeguards.
The Central Government has the power to take all such
measures as it deems necessary for the purpose of protecting
and improving the quality of environment and preventing,
controlling and abating environmental pollution. Such
measures may include:-
•Co-ordination of actions by the State Government officers
and other authorities under this act or under any law.
•Planning and execution of nation- wide programmes for the
prevention, control and abatement of environmental
pollution.
•Laying down standards for the quality of environment in the
various aspects.
• Laying down standards for the emission or discharge of
environmental pollutants.

• Restriction of areas in which any industry, operation or process

shall be carried out.

• Laying down procedures and safeguards for handling of

hazardous substances.

• Examination of manufacturing processes, materials and

substances which are likely to cause environmental protection.

• Carrying out and sponsoring investigations and research relating

to problems of environmental pollution.

• Establishment and recognition of environmental laboratories.

• Such other matters as the Central Government may deem
necessary of the purposes of securing effective
implementation of this Act.

• The Central Government may constitute an “authority” or

“authorities" to exercise powers and perform functions as
mentioned above.
In conclusion, environment pollution are affecting not
only individual but also entire countries all over the
world. The awareness towards improving the quality of
environment has increased substantially and all efforts
are being made at different levels to minimize
environmental pollution and thus help in improving the
quality of life.
• Management of environment means the proper
utilization, conservation preservation, control and
recycling of the resources for maintaining a balanced
ecosystems. The main focus of environment management
is, thus, to avoid the over-use, misuse and abuse of the
natural resources
• The effective environmental management is the optimum
allocation of finite resources among the various possible
uses and it has to be based on scientific and technological
approach which takes full note of socioeconomic
parameters and compulsions.
• Environmental management is an interdisciplinary
approach to resource conservation and it acts as a
regulatory force on human wantonness in resource
wasting.
• In India the Twelfth Five Year Plan has emphasized the
need for sound environmental management which
includes environmental planning, protection, monitoring,
assessment, research, education, and conservation as
major guiding factors for national development.
• Environmental pollution is a world-wide phenomenon;
therefore, there is a need to have a coordinated
administrative structure from international level to national
levels so that the environmental problems may be tackled in
a coordinated and co-operative way.
• India is a “soft State” . It has excellent environmental laws,
but politics and/or corruption prevent their effective
implementation. The result has been disastrous for our
environment and hence for the economy too, as we are now
seeing.
“NATURE HAS EVERY THING FOR
EVERY BODY’S NEED, BUT NOT
ENOUGH FOR ONE MAN’S GREED”
THANK YOU