NATIONAL GREEN TRIBUNAL ACT, 2010

What and why

National Green Tribunal (NGT) was established on 18th October 2010 under the NGT Act of
2010 as a specialized body for handling any environmental disputes that involve multi-
disciplinary issues. It was formed by replacing the National Environment Appellate
Authority. It also draws inspiration from Article 21 of the India Constitution which assures to
provide a healthy environment to the citizens of India.
The National Green Tribunal (NGT) is a specialized body that was formed under the NGT
Act, 2010 for effective and expeditious disposal of cases that are related to the protection and
conservation of the environment, forests, and other natural resources. India has become the
third country in the world after Australia and New Zealand, for setting up a specialized
environmental tribunal and the first developing country to do so.
Aims and objectives
Some of the major objectives of the National Green Tribunal (NGT) are as follows:
 Effective and expeditious disposal of cases that are related to the protection and
conservation of the environment, forests, and other natural resources.
 To give relief and compensations for any damages caused to persons and properties.
 To handle various environmental disputes that involve multi-disciplinary issues.
Law Commission of India, 186th report
Professor Upendra Baxi has advocated for the establishment of a single judicial forum with
jurisdiction under environmental acts to handle both criminal prosecution and civil claims
related to environmental law violations. This proposed forum would serve as the primary
authority, with appeals going to a High Court appellate court and, if necessary, further
appeals to the Supreme Court under Article 136 of the Indian Constitution. Baxi also
recommended that victim groups and public interest groups should have access to these
courts.
The motivation behind the creation of the Tribunal Act by the Indian Parliament was driven
by two immediate concerns. First, there was significant delay in addressing environmental
grievances, exemplified by the prolonged resolution of cases like the Bhopal gas leak incident
(Charan Lal Sahu v. Union of India AIR 1990 SC 1480). Second, the existing judicial system
was deemed inadequate to provide sufficient relief, as highlighted in cases such as the Oleum
Gas Leak case (MC Mehta v. Union of India AIR 1987 SC 965).
Functions
 NGT provides a way for the evolution of environmental jurisprudence through the
development of an alternative dispute resolution mechanism.
 It helps in the reduction of the litigation burden on environmental matters in the
higher courts.
 NGT provides a faster solution for various environment-related disputes that are less
formal and less expensive.
 It curbs environment-damaging activities. NGT ensures the strict observation of the
Environment Impact Assessment (EIA) process.
 NGT provides reliefs and compensations for any damages caused to persons and
properties.
 The National Green Tribunal resolves various civil cases under the following seven
laws that are related to the environment:
In Vimal Bhai v. Union of India, Shri Vimal Bhai, a self-proclaimed social activist,
challenges the Stage-I approval granted by the Ministry of Environment and Forests for the
Alaknanda Badrinath Hydro-Electric Project. He argues that the approval overlooked the
Forest Advisory Committee's recommendations and disregarded the adverse environmental
impact highlighted by the Wildlife Institute of India. The legal analysis emphasizes that the
National Green Tribunal Act provides no appeal against the Central Government’s Forest
clearance orders. The court suggests that any challenge must wait until the State Government
issues a final order allowing non-forest land use. Until then, the current appeal is deemed
premature and dismissed, but the appellants retain the right to appeal the State Government's
decision in the future.
Section 2 (m): Substantial question relating to the environment
The term "substantial question relating to the environment" is defined to include situations
where: (i) There is a direct violation of a specific statutory environmental obligation by an
individual, and as a result: (A) The community at large (excluding individual or group
interests) is affected or likely to be affected by the environmental consequences; (B) The
gravity of damage to the environment or property is substantial; or (C) The damage to public
health is broadly measurable. (ii) The environmental consequences are connected to a
specific activity or a point source of pollution.
Section 2 (j): "person" includes-- an individual, a Hindu undivided family, a company, a
firm, an association of persons or a body of individuals, whether incorporated or not, trustee
of a trust, a local authority, and every artificial juridical person, not falling within any of the
preceding sub-clauses;
Section 3: Establishment of Tribunal.
This provision states that the Central Government has the authority to establish a Tribunal
called the National Green Tribunal through a notification. The Tribunal is given the
jurisdiction, powers, and authority as defined by or under the relevant law (presumably the
Act in question). The establishment and functioning of the National Green Tribunal will come
into effect from the date specified in the notification.
Section 4: Composition of the tribunal
The Tribunal will have a chairperson, at least ten but no more than twenty full-time Judicial
Members, and at least ten but no more than twenty full-time Expert Members. The
Chairperson can invite specialists to assist in specific cases. The Central Government can
determine the Tribunal's sitting locations and jurisdiction. The government, in consultation
with the Chairperson, can make rules for the Tribunal's practices and procedures, including
who can appear, the process for hearings, and the number of members required for certain
cases. Expert Members must be equal in number to Judicial Members for a fair hearing. The
rules can also address the transfer of cases between sitting locations.
Section 7: Term of office and other conditions of service of Chairperson, Judicial
Member and Expert Member.
The Chairperson, Judicial Members, and Expert Members of the Tribunal serve a term of five
years and cannot be re-appointed. However, there are age restrictions:
1. A person who is or has been a Supreme Court Judge, appointed as Chairperson or
Judicial Member, cannot continue in office after reaching the age of seventy.
2. A person who is or has been the Chief Justice of a High Court, appointed as
Chairperson or Judicial Member, cannot continue in office after reaching the age of
sixty-seven.
3. A person who is or has been a Judge of a High Court, appointed as a Judicial
Member, cannot continue in office after reaching the age of sixty-seven.
4. Expert Members cannot continue in office after reaching the age of sixty-five.
Section 8: Resignation
The Chairperson, Judicial Member and Expert Member of the Tribunal may, by notice in
writing under their hand addressed to the Central Government, resign their office.
Section 10 A: Qualifications, terms and conditions of service of Chairperson, Judicial
Member and Expert Member
The qualifications, appointment, term of office, salaries, allowances, resignation, removal,
and other terms of service for the Chairperson, Judicial Members, and Expert Members of the
Tribunal, appointed after the enactment of the Tribunals Reforms Act, 2021, will be governed
by the provisions of Chapter II of that Act. However, those appointed before the
commencement of Part XIV of Chapter VI of the Finance Act, 2017, will continue to be
governed by the provisions of the existing Act and its rules, as if the relevant provisions of
the Finance Act, 2017, had not come into force.
Section 14: Tribunal to settle disputes.
(1) The Tribunal has jurisdiction over civil cases involving significant environmental
questions, including the enforcement of environmental legal rights. These cases must arise
from the implementation of laws listed in Schedule I.
(2) The Tribunal is responsible for hearing and resolving disputes related to the substantial
environmental questions mentioned in subsection (1), issuing orders accordingly.
(3) The Tribunal will not consider applications for dispute resolution unless filed within six
months from the date when the cause of action for the dispute first occurred. However, the
Tribunal may allow filing beyond this period (up to sixty additional days) if it is convinced
that the applicant had a valid reason for the delay.
Section 16: Tribunal to have appellate jurisdiction.
Any person aggrieved by:
(a) an order or decision made by the appellate authority under section 28 of the Water
(Prevention and Control of Pollution) Act, 1974; (b) an order passed by the State Government
under section 29 of the Water (Prevention and Control of Pollution) Act, 1974; (c) directions
issued by a Board under section 33A of the Water (Prevention and Control of Pollution) Act,
1974; (d) an order or decision made by the appellate authority under section 13 of the Water
(Prevention and Control of Pollution) Cess Act, 1977; (e) an order or decision made by the
State Government or another authority under section 2 of the Forest (Conservation) Act,
1980; (f) an order or decision made by the Appellate Authority under section 31 of the Air
(Prevention and Control of Pollution) Act, 1981; (g) any direction issued under section 5 of
the Environment (Protection) Act, 1986; (h) an order granting environmental clearance under
the Environment (Protection) Act, 1986, specifying conditions for industries, operations, or
processes; (i) an order refusing to grant environmental clearance under the Environment
(Protection) Act, 1986; (j) any determination of benefit sharing or order made by the National
Biodiversity Authority or a State Biodiversity Board under the provisions of the Biological
Diversity Act, 2002,
may appeal to the National Green Tribunal within thirty days from the date of communication
of the order, decision, direction, or determination. The Tribunal may, if satisfied that the
appellant had a valid reason, allow the appeal to be filed within an additional period of up to
sixty days.
Oleum gas leak case
Facts: In the case involving Shriram's Food and Fertiliser factory in Kirti Nagar, Delhi, a
social activist lawyer named M.C. Mehta filed a writ petition before the Supreme Court. The
petition sought the closure and relocation of the Shriram Caustic Chlorine and Sulphuric Acid
Plant due to potential dangers to public health. Despite the pending petition, the Supreme
Court allowed the plant to resume operations. In December 1985, an Oleum gas leak
occurred, causing harm to residents. A lawyer practicing in Tis Hazari Courts also died due to
gas inhalation. Subsequent leaks prompted claims for compensation. The Delhi Magistrate
ordered Shriram to cease manufacturing dangerous chemicals and gases, directing their
removal within 7 days. The Supreme Court referred the case to a larger bench, citing
substantial legal issues related to the interpretation of Articles 21 and 32 of the Constitution.
The court had to determine whether a writ with compensation could be granted and interpret
Article 21 concerning the right to life and freedom in the context of private companies and
public interest.
Issues:
 Whether industries with potential harm should operate in populated areas.
 Consideration of establishing a regulatory mechanism for such industries.
 Determining liability and compensation in incidents involving hazardous substances.
 Interpreting Article 32 of the Constitution regarding compensation for victims.
 Choosing between the principles of Absolute Liability and Ryland v Fletcher for
industrial accidents.
 Examining whether the entity 'Shriram' could be considered a 'State' under Article 12
of the Constitution.
Decision: Justice Bhagwati, expressing deep concern for the safety of Delhi's residents from
hazardous chemical leaks, rejected the proposal to eliminate toxic factories due to their
contribution to improving quality of life. He emphasized the necessity of industries for
economic and social development but advocated for positioning them in areas with minimal
public vulnerability. Recognizing the social impact of permanent closure, the court
temporarily reopened the factory under strict conditions, appointing a committee to oversee
activities.
Government provisions included pollution control inspections, safety committees, public
awareness, employee training, protective equipment usage, and personal liability
undertakings. Conditions were aligned with committee reports to ensure ongoing compliance
with safety standards. The court applied the principle of absolute liability, emphasizing that
companies cannot escape liability by demonstrating precautions and must compensate for any
harm caused.
The court asserted Article 32's power not only for preventive actions but also for remedial
relief when fundamental rights are violated. It highlighted the role of the state in industries,
categorizing them into groups based on state responsibility. While the court did not
conclusively decide if private corporations fell under Article 12, it stressed the need for future
examination.
Rejecting exceptions to the Rylands v. Fletcher rule for hazardous industries, the court
embraced the principle of absolute responsibility. It ruled that industries engaging in
hazardous activities must adhere to the highest safety standards and fully compensate for any
harm caused, emphasizing social responsibility for conducting such activities.
Union Carbide Corp v Union of India 1989: Bhopal gas tragedy
Background: The MIC (Methyl Isocyanate) used in the Union Carbide Plant was primarily
employed for producing carbaryl, a pesticide. The incident occurred on the night of
December 2-3, 1984, when a significant amount of water entered tank 610, containing around
42 tonnes of MIC. Workers were cleaning pipes with water, and due to poor maintenance and
leaking valves, water leaked into the tank, triggering an exothermic reaction. This led to a
surge in temperature and pressure, forcing the urgent release of MIC gas into the atmosphere.
The released gases engulfed the city of Bhopal, causing widespread panic as residents woke
up with a burning sensation in their lungs. The immediate effects resulted in thousands of
deaths, with many people trampled in the ensuing panic. The long-term health consequences
of the gas exposure included visual impairment, blindness, respiratory difficulties, immune
and neurological disorders, lung injuries, reproductive issues in females, and birth defects
among children born to affected women.
The legal battle: In February 1985, the Indian Government filed a $3.3 billion claim against
the Union Carbide Corporation in a U.S. court, but by 1986, all litigations were transferred to
India on the grounds of forum non conveniens, aiming for a more convenient trial location. In
March 1985, the Bhopal Gas Leak Disaster (Processing of Claims) Act was enacted, granting
the Central Government sole representation of victims in legal matters for efficient
compensation pursuit. In 1987, the Bhopal District Court ordered Union Carbide to pay 350
crores as interim compensation, later reduced to 250 crores on appeal.
However, a significant development occurred through an out-of-court settlement in February
1989 between the Indian Government and Union Carbide. The settlement fixed Union
Carbide's liability at $470 million, serving as a full and final resolution of all claims, rights,
and liabilities related to the disaster. The terms limited future liabilities, both civil and
criminal, placing responsibility solely on the Government of India, with Union Carbide liable
only up to $470 million. This settlement marked a crucial turn in the legal proceedings
surrounding the Bhopal Gas Leak Disaster.
Legal issues: The Bhopal Gas tragedy raises the crucial issue of absolute liability,
extensively discussed in the case of M.C Mehta v Union of India. Absolute liability holds that
enterprises engaged in hazardous industries are absolutely liable for any harm resulting from
their activities, regardless of precautions taken or the absence of negligence. The principle
emphasizes anticipating and guarding against the worst possible scenarios, even if unlikely,
and requires preparation to contain and prevent such events.
In absolute liability, defense under strict liability do not apply, and even if an accident is
considered a rare incident, the enterprise remains liable. The principle evolved in India
following the Bhopal Gas Disaster and the Oleum Gas Leak case, emphasizing that
responsibility cannot be evaded, even with extreme precautions.
The Bhopal Gas Tragedy led to the enactment of the Public Liability Insurance Act, 1991,
mandating compulsory insurance for units undertaking hazardous activities. Additionally, the
tragedy's impact is evident in discussions surrounding the Nuclear Liability Bill, which
introduces controversial provisions to cap total liability in nuclear accidents, restricts victims
from suing suppliers directly, and imposes caps on operator recovery from suppliers.
Considering Bhopal's aftermath, there is a recognized need for a robust compensation
mechanism, and arguments against any caps on liability as potentially unconstitutional have
gained prominence. The tragic events in Bhopal underscore the importance of addressing
industrial disasters responsibly and ensuring proper compensation mechanisms without
limitations.
Problems with the act
The National Green Tribunal (NGT) faces several challenges and limitations in its
functioning:
1. Jurisdiction Limitations: The NGT does not have jurisdiction over crucial acts such as
the Wildlife (Protection) Act, 1972, and the Scheduled Tribes and Other Traditional
Forest Dwellers (Recognition of Forest Rights) Act, 2006. This restriction hampers its
effectiveness, especially concerning issues related to forest rights directly linked to the
environment.
2. Developmental Implications: Decisions made by the NGT have been criticized for their
potential impact on economic growth and development. Balancing environmental
concerns with developmental needs poses challenges, leading to debates and challenges
against NGT decisions.
3. Vacancies and Resource Constraints: The NGT operates with only three judicial and
three expert members out of the sanctioned strength of 10 each. This shortage of human
and financial resources results in a high number of pending cases, undermining the NGT's
objective of disposing of appeals within a specified timeframe.
4. Additional Layer to Judicial Process: Despite being established to alleviate the burden
on higher courts, the NGT has faced criticism for creating an additional layer in the
judicial process. The Supreme Court, in the L Chandrakumar case, opined that tribunals
could not fully substitute High Courts under Articles 226 and 227, leading to cases
eventually reaching the judiciary through appeals.
5. Limited Regional Benches: The NGT is primarily located in major cities across India,
creating a challenge as environmental exploitation often occurs in tribal areas with dense
forests. The limited number of regional benches hinders the justice delivery mechanism,
making it difficult to address environmental concerns in various regions effectively.
Reforms needed
To address the challenges and enhance the effectiveness of the National Green Tribunal
(NGT), several recommendations and measures can be considered:
1. Expansion of Regional Benches: The NGT should significantly expand its regional
benches, establishing new ones in areas with high forest cover or significant mineral
deposits. This expansion would ensure a more comprehensive coverage and
accessibility to address environmental issues across diverse regions.
2. System of Larger Bench in NGT: Introduce a system of appeals against NGT orders
before a larger bench within the Tribunal itself. This internal appellate mechanism
could help in resolving disputes and ensuring a thorough review of decisions before
the cases escalate to the Supreme Court or High Court.
 3. Addressing Administrative Inadequacy: The vacancies in the NGT should be
urgently filled to meet the sanctioned strength. This step is crucial to prevent the
accumulation of pending cases and to uphold the NGT's objective of timely disposal
of appeals.
4. Collaborative Approach: Encourage a collaborative approach between the central
and state governments and the NGT. This involves working together to strike a
balance between environmental preservation and economic development. NGT should
engage with institutions and experts to scientifically assess environmental damages,
compensation, and fines on a case-by-case basis.

ENVIRONMENT PROTECTION ACT, 1986

Objectives
The Environment Protection Act, 1986, serves various key objectives:
1. Implementing international commitments, particularly decisions from the United
Nations Conference on Human Environment held in Stockholm.
2. Establishing a government authority with the power to regulate industries and issue
direct orders, including closure orders, for compliance with environmental standards.
3. Coordinating the activities of different agencies operating under existing laws to
enhance overall environmental protection efforts.
4. Enacting specific laws focused on environmental protection, covering various aspects
of conservation and management.
5. Imposing penalties, including imprisonment for up to five years, fines up to Rs. 1
lakh, or both, for individuals or entities endangering the environment, safety, and
health. Extended imprisonment terms are applicable in certain cases.
6. Promoting and engaging in sustainable development practices that balance economic
growth with environmental conservation.
7. Aiming to protect the fundamental right to life under Article 21 of the Constitution by
emphasizing the essential connection between a healthy environment and individual
well-being.
Why environment protection act is an “umbrella act”
The Environment Protection Act is called an ‘Umbrella Act’ because of the following
reasons:
 1. It establishes the basic framework for planning and executing large-scale strategies to
protect and improve the overall environment, rather than focusing on specific aspects.
2. It provides for coordination between the Central government, state government, and
authorities that are established under various other legislation related to the
environment.
3. It fills the lacuna created by several other distinct legislation like the Water Act and
Air Act. It connects them together and makes them more effective.
4. It is broad and comprehensive legislation that covers the definitions, powers, and
responsibilities of the central government towards the environment, and penal
provisions as well.
Murali deora v Union of India
Facts:
In 1999, Murli S. Deora filed a civil writ petition in the Supreme Court of India under Article
32 of the Constitution, addressing the prohibition of smoking in public places. The petition
was heard by a two-judge bench consisting of M. B. Shah and R. P. Sethi.
In India, nearly 800,000 people die annually due to tobacco (cigarette) smoking. Smoking in
public places, affecting non-smokers, can lead to internal injuries such as lung cancer,
asthma, and chronic bronchitis. Smoking in public places is considered an offense due to its
detrimental impact on the health of passive smokers and the environment.
Issues:
1. Whether smoking in public spaces violates the right to life guaranteed by Article 21 of
the Indian Constitution for non-smokers.
2. Whether smoking should be prohibited in public spaces.
Arguments:
The petitioner highlighted the toxic ingredients in tobacco and their link to various diseases,
including cancer. Globally, three million people die annually due to tobacco-related illnesses,
with one million in developing nations like India. The petitioner urged the court, in the public
interest, to prohibit smoking in public places until statutory regulations are enacted.
The Attorney General and respondents' counsel also argued that smoking in public spaces
should be forbidden due to its harmful effects.
Judgment:
The Supreme Court ruled that the right to life of passive smokers is violated in public spaces
where smoking occurs. Recognizing the severity of the situation and the adverse effects of
smoking on both smokers and passive smokers, the Court issued an order prohibiting
smoking in public areas. It directed the Union of India, State Governments, and Union
Territories to take appropriate measures to ensure the prohibition of smoking in venues such
as auditoriums, hospitals, educational institutions, public offices, and court buildings.
Balco case
It will be seen that whenever the Court has interfered and given directions while entertaining
PIL it has mainly been where there has been an element of violation of Article 21 or of
human rights or where the litigation has been initiated for the benefit of the poor and the
underprivileged who are unable to come to court due to some disadvantage. In those cases,
also it is the legal rights which are secured by the courts. We may, however, add that public
interest litigation was not meant to be a weapon to challenge the financial or economic
decisions which are taken by the Government in exercise of their administrative power. No
doubt a person personally aggrieved by any such decision, which he regards as illegal, can
impugn the same in a court of law, but, a public interest litigation at the behest of a stranger
ought not to be entertained. Such a litigation cannot per se be on behalf of the poor and the
downtrodden, unless the court is satisfied that there has been violation of Article 21 and the
persons adversely affected are unable to approach the court.” From the passage quoted above
the only ground on which a person can maintain a PIL is where there has been an element of
violation of Article 21 or human rights or where the litigation has been initiated for the
benefit of the poor and the underprivileged who are unable to come to the court due to some
disadvantage.”
Orissa Mining Corporation v. Ministry of Environment & Forest & Others
Sterlite Industrial sought permission to build a bauxite ore mine in Niyamgiri Hills, inhabited
by the Dongria Kondh, an indigenous tribe. Despite official studies concluding the project's
interference with Dongria rights, Vedanta, a subsidiary, proceeded with construction. The
Ministry rejected environmental clearance, citing a disregard for tribal rights. The Court
upheld the rejection, emphasizing tribal land entitlement and the need for consent. The
decision emphasized the tribes' reliance on agriculture, their emotional ties to land, and the
UN Declaration on Rights of Indigenous Peoples. Vedanta's claim of 'development' was
debunked, as the project threatened Dongria habitat and cultural independence.
Section 3: Powers of the Central Government to take measures to protect and improve
the environment
Section 3 of the relevant legislation empowers the Central Government to take necessary
measures to protect and enhance environmental quality, as well as prevent, control, and
reduce environmental pollution. These measures include:
1. Coordinating actions among state governments, officers, and authorities.
2. Planning and executing nationwide environmental programs.
3. Establishing standards for environmental quality and emission or discharge of pollutants.
4. Restricting certain industries, processes, or operations in specific areas.
5. Establishing procedures and safeguards to prevent pollution-causing accidents and
implementing remedial measures.
6. Establishing procedures and safeguards for handling hazardous substances.
7. Examining manufacturing processes, materials, and substances capable of causing
pollution.
8. Conducting and sponsoring investigations and research on pollution-related issues.
9. Inspecting premises, plant, equipment, machinery, and processes related to pollution.
10. Establishing or recognizing environmental laboratories and institutes.
11. Collecting and disseminating information on pollution matters.
12. Preparing codes, manuals, or guides for the prevention, control, and reduction of
environmental pollution.
13. Addressing other matters deemed necessary or expedient by the government.
Additionally, the Central Government is authorized to constitute authorities to exercise
delegated powers and functions related to environmental protection.
Section 5: Power to give directions
As per Section 5, the Central Government has got the power to issue directions in writing to
any person, officer, or any authority, which shall be binding on such person, officer, or
authority.
These directions could be related to matters as follows:
1. To close, prohibit, or regulate any industry, operation, or process; or
2. To stop or regulate the supply of electricity, water, or any other service.
Section 7: Persons carrying on industry, operation, etc., not to allow emission or
discharge of environmental pollutants more than the standards
No person carrying on any industry, operation or process shall discharge or emit or permit to
be discharged or emitted any environmental pollutant in excess or such standards as may be
prescribed.
Section 10: Power of entry and inspection
Under this Section any person authorised by the Central Government has the right to enter
any place, at reasonable times with some assistance for the following purposes:
1. To perform any function entrusted by the Government,
 2. To determine whether and how such functions are to be performed, or whether the
provisions of this Act, rules made under any notice, order, direction, or authorisation
granted has been complied with,
3. To examine and test any equipment, industrial plant, record, register, document, or
any other material object.
4. To conduct a search in my building where there is reason to believe that an offence
under the Act has been committed.
5. To seize any such equipment, industrial plant, record, register, document, or other
material objects if there is reason to believe that it would serve as evidence for the
offence committed or that the seizure is necessary to mitigate the pollution.
Also, any person carrying on such industry, process, or operation which involves handling of
hazardous substances must render all the assistance required to the person empowered by the
Central Government for inspection. Failure to provide the assistance without any reasonable
cause, or wilfully delays or obstructs that person shall be guilty of an offence under this Act.
Also, for such search and seizure, provisions of the Code of Criminal Procedure, 1973 or any
corresponding law in force shall be applicable.
Section 11: Power to take sample and procedure to be followed in connection therewith.
Section 11 of the relevant legislation grants the State Government or its authorized officer the
authority to collect samples of air, water, soil, or other substances from a factory's premises.
The procedure for sample collection involves serving notice to the person in charge,
conducting the sampling in their presence, marking, and sealing containers, and obtaining
signatures from both the sampler and the person in charge. The sealed containers are then
sent to the laboratory. If the person in charge refuses to cooperate, the containers are sealed
and sent to the laboratory with written notification of the refusal. Failure to adhere to this
prescribed procedure renders any analysis inadmissible as valid evidence in legal
proceedings. This ensures the proper and lawful collection of environmental samples for
analysis.
Section 15: Penalty for contravention of the provisions of the Act and the rules, orders,
and directions.
Section 15 of the relevant legislation outlines penalties for non-compliance or contravention.
In the first instance, offenders may face imprisonment up to five years, a fine up to one lakh
rupees, or both. For persistent violations after the first conviction, an additional daily fine of
up to five thousand rupees may apply. If the failure or contravention continues beyond one
year after conviction, the offender may face imprisonment for up to seven years. These
penalties aim to enforce adherence to environmental protection measures and discourage
ongoing violations.
Section 16: Offences by companies
This section of the Act establishes liability for offences committed by a company:
1. If an offence is committed by a company, the person directly in charge of and responsible
for the company's business at the time of the offence, along with the company itself, is
deemed guilty. However, this person can avoid punishment if they prove the offence
occurred without their knowledge or that they took all due diligence to prevent it.
2. Regardless of the above, if an offence by a company is proven to have occurred with the
consent, connivance, or neglect of any director, manager, secretary, or other officer of the
company, such individuals will also be deemed guilty and subject to prosecution.
Explanation:
 "Company" includes anybody corporate, firm, or association of individuals.
 In the context of a firm, "director" refers to a partner in the firm.
Section 17: Offences by Government Departments
This section of the Act deals with offences committed by a Government Department:
1. If an offence under the Act is committed by any Government Department, the Head of the
Department is considered guilty and can be prosecuted and punished. However, the Head
of the Department is not liable to punishment if they can prove that the offence occurred
without their knowledge or that they took all due diligence to prevent it.
2. Despite the above, if an offence by a Government Department is proven to have occurred
with the consent, connivance, or neglect of any officer (other than the Head of the
Department), that officer is also considered guilty and can be prosecuted and punished
accordingly.
Section 19: Cognizance of offences
No court can initiate legal proceedings for an offence under this Act unless the complaint is
made by:
(a) The Central Government or any authorized authority or officer appointed by the Central
Government, or
(b) Any individual who has given a notice of not less than sixty days, following the
prescribed procedure, regarding the alleged offence and the intention to file a complaint,
either to the Central Government or the authorized authority or officer mentioned above.
Section 24: Effect of other laws
1. The provisions of the Environment Protection Act, along with the rules and orders made
under it, will take precedence over any conflicting provisions in any other enactment,
except the Environment Protection Act itself.
2. In cases where an act or omission qualifies as an offence punishable under both the
Environment Protection Act and another Act, the offender, when found guilty, will be
liable to be punished under the other Act and not under the Environment Protection Act.
Indian council of environment legal v Union of India
Facts: An environmental association, the Indian Council for Environmental Legal Action,
filed a writ petition highlighting the environmental and health issues faced by residents of
Bichhri Village in Rajasthan due to chemical industrial plants, including Hindustan Zinc
Limited and others. The case focused on the pollution caused by the manufacturing of
hazardous chemicals, such as oleum and 'H' acid, by various companies, including Hindustan
Agro Chemicals Limited, Tata Silver Chemicals, and Jyoti Chemicals. The indiscriminate
dumping of untreated waste resulted in severe contamination of water sources, soil, and air,
leading to health problems and environmental degradation. Despite concerns expressed by
Parliament, no effective action was taken, leading to protests by the affected residents and the
eventual closure of the plants under Section 144 of the CrPC.
Issues:
 Whether the industries involved in the manufacture of toxic chemicals had taken any
environmental protection measures?
 Whether the defendant would be legally responsible for paying the sum of money
required to carry out the necessary corrective actions?
Judgment: The court invoked the Polluter Pays Principle, as enshrined in Section 3 and
Section 5 of the Environment (Protection) Act, 1986. This principle holds that industries
responsible for pollution must financially compensate for the environmental harm caused.
The court referred to constitutional articles, particularly Article 48-A and Article 51-A(g), to
underscore the constitutional obligation to protect the environment. This reinforced the idea
that environmental protection is a fundamental duty. The court drew from the absolute
liability principle established in previous cases, emphasizing that industries are liable for
penalties even if they adhere to existing laws but still cause environmental harm. Industries
failing to comply with environmental regulations were ordered to pay penalties, compounded
with interest. This financial consequence aimed to hold the polluters accountable for the
sustained environmental damage. The court criticized the deliberate prolongation of legal
proceedings by industries, highlighting the need for timely resolution in environmental cases.
It penalized the industries for causing unnecessary delays in the legal process. As a deterrent
against unwarranted legal tactics, the court-imposed costs on the industries for wasting time
and resources. This cost was intended to serve as a punitive measure and contribute to
corrective actions in the affected area.
Eco mark
Ecomark is a certification mark issued by the Bureau of Indian Standards (BIS) for products
which are ecologically safe and adheres to the standards prescribed by the BIS. It was first
issued in 1991 by a resolution. It is issued by the Ministry of Environment and Forests.
Products that meet the prescribed environmental criteria, as well as quality standards set by
BIS, will be issued the ECOMARK label.
Objectives:
1. To offer an incentive to producers and importers to reduce the adverse impact of their
products on the environment.
2. To reward good initiatives companies, take to reduce the adverse environmental
impact of their products.
3. To encourage consumers to be more environmentally aware in their day-to-day lives
and urge them to consider environmental factors also before making a purchase
decision.
4. To promote environmentally-safe products among citizens.
5. To improve environmental quality and promote sustainable management of resources.
Environment Impact Assessment
The Environmental Impact Assessment (EIA) is a structured method used to analyze and
understand the potential environmental effects that could occur from upcoming projects or
activities. It helps in evaluating and predicting how these projects might impact the natural
surroundings before they are put into action.
The EIA Notification, issued under the Environment (Protection) Act 1986, outlines the
process and requirements for conducting an EIA for various categories of projects. The
notification categorizes projects into categories: A and B based on their potential
environmental impacts and clearance by Central/State Government. Category A projects
require environmental approval and do not undergo the screening procedure while Category
B projects go through a Screening procedure. The Ministry of Environment, Forest, and
Climate Change (MoEFCC) and the State Environmental Impact Assessment Authorities
(SEIAAs) are responsible for implementing and overseeing the EIA process in India.
The EIA process involves multiple stakeholders, each with specific roles and responsibilities.
These stakeholders include project proponents, government agencies, experts, local
communities, and non-governmental organizations (NGOs). Project proponents are
responsible for preparing the EIA report, while government agencies review and assess the
report. Experts provide technical knowledge and guidance, while local communities and
NGOs contribute through public consultation and participation.
The EIA process comprises several key steps to ensure a comprehensive assessment of
potential environmental impacts. These steps include screening and scoping, baseline data
collection, impact prediction, mitigation measures and alternatives identification, public
consultation, and the review and decision-making process.
 Screening and Scoping Processes in EIA- The screening process involves determining
whether a project requires an EIA based on size, nature, and potential impacts. Scoping
involves identifying the key issues and potential impacts that should be addressed in the
EIA study.
 Baseline Data Collection and Impact Prediction Techniques- Baseline data collection
is crucial in understanding the existing environmental conditions before a project is
implemented. This includes collecting information on air quality, water quality, soil
conditions, biodiversity, and socio-economic aspects. Then, based on the collected
baseline data, impact prediction techniques are used to assess how the proposed project
may affect the environment.
 Mitigation Measures and Alternatives Assessment- Once potential impacts are
identified, mitigation measures are proposed to minimize or eliminate adverse effects.
Alternatives assessment involves evaluating different project options or locations to
identify those with lesser environmental impacts.
 Public Consultation and Participation in EIA- Public consultation is a fundamental
aspect of the EIA process, allowing affected communities and other stakeholders to
provide input and raise concerns. This ensures that the decision-making process is
transparent and considers diverse perspectives.
 Review and Decision-Making Process- The relevant authorities review the EIA report,
including the findings from the assessment and proposed mitigation measures. Based on
the report and public inputs, a decision is made regarding the project's approval,
rejection, or approval with conditions.
Impacts of EIA
EIA considers various components to assess a project's potential environmental impacts
comprehensively. It evaluates the
 Physical impacts such as land use changes and habitat loss
 Biological impacts such as effects on flora and fauna and
 Social impacts such as displacement of communities and changes in livelihoods
EIA assesses a project's potential impacts on air quality, including emissions of pollutants. It
also considers impacts on water resources, such as water availability and quality changes.
Additionally, soil quality is assessed to determine potential impacts on agricultural
productivity and soil erosion. The process evaluates potential impacts on biodiversity,
including terrestrial and aquatic ecosystems. In addition, it considers the conservation of
endangered species, habitat fragmentation, and ecosystem services.
EIA also includes assessing socio-economic aspects, such as impacts on local communities,
employment, and infrastructure. It also examines potential health impacts on workers and
nearby communities due to project activities.
Critique of the Act
The Environment Protection Act, 1986, presents certain potential drawbacks:
1. Complete Centralization of the Act:
o The Act is criticized for its complete centralization, granting extensive powers to the
central government without significant roles for state governments.
o This centralization raises concerns about potential arbitrariness and misuse of power
by the central authority.
2. No Public Participation:
o The Act lacks provisions for public participation in environmental protection
decision-making processes.
o The absence of mechanisms for citizen involvement can result in arbitrary decision-
making and a lack of awareness and empathy towards environmental issues.
3. Incomplete Coverage of Pollutants:
o The Act does not comprehensively address modern concepts of pollution, such as
noise pollution, strained transport systems, and radiation waves.
o Incomplete coverage limits the Act's effectiveness in addressing diverse
environmental challenges and emerging pollutants.
 WILDLIFE PROTECTION ACT, 1972
What is food chain?
A food chain explains which organism eats another organism in the environment. The food
chain is a linear sequence of organisms where nutrients and energy are transferred from one
organism to the other. This occurs when one organism consumes another organism. It begins
with the producer organism, follows the chain, and ends with the decomposer organism. After
understanding the food chain, we realise how one organism is dependent upon another
organism for survival.
The food chain also explains the feeding pattern or relationship between living organisms.
Trophic level refers to the sequential stages in a food chain, starting with producers at the
bottom, followed by primary, secondary and tertiary consumers. Every level in a food chain
is known as a trophic level.
Joint forest management movement
The Joint Forest Management (JFM) initiative engages local communities residing near
forests, contributing to the institutionalization of participatory governance over the nation's
forest resources. A key objective of this program is the rehabilitation of degraded forestlands,
a mission facilitated through the collaborative efforts of Forest Protection Committees. The
overarching aim of this co-management initiative is to foster partnerships between forest
fringe communities and the Forest Department (FD), emphasizing shared respect and a
collective commitment to the preservation and regeneration of the forest ecosystem.
JFM's establishment aligns with the principles outlined in the National Forest Policy,
recognizing the significant value of involving local communities in forest management.
Subsequently, the government has issued resolutions and directives to formalize the creation
of such institutions, further fortifying their operational frameworks. Notably, the widespread
acceptance of JFM is evident across most Indian states, with each state issuing resolutions
endorsing these partnerships in compliance with established regulations, despite variations in
institutional setups.
Gaddi & Gujjar Tribes: The Gaddi and Gujjar tribes in the Himalayan states control the
grazing of cattle, which helps to preserve biodiversity by preventing the development of wild
grass.
Bishnoi Community: The Bishnoi people in Rajasthan are crucial to ecological preservation
through the famous Chipko Movement.
The Joint Forest Management (JFM) initiative plays a pivotal role in several dimensions.
Firstly, it contributes to the increased agricultural and forest produce by fostering
collaboration with local communities, encouraging sustainable practices, and facilitating the
processing of outputs.
A significant aspect of JFM is its emphasis on employment generation. By providing
alternative job opportunities, especially in sectors like sustainable tourism, the initiative aims
to discourage illegal activities such as tree cutting and forest encroachment, while
simultaneously boosting local livelihoods.
JFM also addresses the issue of forest pressure by offering additional amenities to
communities. This multifaceted approach aims to reduce the strain on forests while
promoting a balanced and sustainable utilization of resources.
The initiative is instrumental in the preservation of forest rights, aligning with acts like the
Forest Rights Act and the Panchayat (Extension to Scheduled Areas) Act of 1996. This
ensures the active participation of forest residents in decision-making processes, contributing
to their empowerment.
Background of the act
The main object of the Act is to provide protection to the wild animals’ birds and plants. The
Act empowers the Central Govt. to declare certain areas as Sanctuaries or National Parks.
The Act prohibits hunting of wild animals; birds etc. and impose punishment for violating the
same.
Schedule 1
This Schedule covers endangered species. These species need rigorous protection and
therefore, the harshest penalties for violation of the law are under this Schedule. Species
under this Schedule are prohibited to be hunted throughout India, except under threat to
human life. Absolute protection is accorded to species on this list. The Trade of these animals
is prohibited.
Examples: tiger, blackbuck, Himalayan Brown Bear, Brow-Antlered Deer, Blue whale,
Common Dolphin, Cheetah, Clouded Leopard, hornbills, Indian Gazelle, etc.
Schedule 2
Animals under this list are also accorded high protection. Their trade is prohibited. They
cannot be hunted except under threat to human life. Examples: Kohinoor (insect), Assamese
Macaque, Bengal Hanuman langur, Large Indian Civet, Indian Fox, Larger Kashmir Flying
Squirrel, Kashmir Fox, etc.
Schedule 5:
This schedule contains animals that can be hunted. Examples: mice, rat, common crow, fruit,
bats, etc.

(16) “hunting”, with its grammatical variations and cognate expressions, includes, —
[(a) killing or poisoning of any wild animal or captive animal and every attempt to do so;
(b) capturing, coursing, snaring, trapping, driving, or baiting any wild or captive animal and
every attempt to do so;]
(c) injuring or destroying or taking any part of the body of any such animal or, in the case of
wild birds or reptiles, damaging the eggs of such birds or reptiles, or disturbing the eggs or
nests of such birds or reptiles;
Section 5: Power to delegate
The Director, with prior approval from the Central Government, can delegate powers and
duties under the Wildlife Protection Act to subordinate officers through a written order.
Similarly, the Chief Wildlife Warden, with the State Government's approval, can delegate
powers and duties (except those under a specific clause) to subordinate officers, specifying
any conditions in the order. Any person authorized by the Director or Chief Wildlife Warden,
subject to given directions or conditions, can exercise delegated powers as if directly
conferred by the Act.
Section 5A: Constitution of the National Board for Wild Life
The National Board for Wild Life is headed by the Prime Minister, serving as the
Chairperson, and the Minister in-charge of Forests and Wild Life as the Vice-Chairperson.
The composition further includes members of Parliament, representatives from non-
governmental organizations, and individuals nominated by the Central Government for their
expertise in conservation, ecology, and environmental matters. Ex officio members consist of
officials from various government departments, such as Defence, Information and
Broadcasting, Finance, Tribal Welfare, and others, ensuring a multi-faceted perspective in
wildlife preservation.
The Act details the terms of office for the members, the process for filling vacancies, and the
procedures for discharging their functions. Members, excluding ex officio ones, are entitled
to receive allowances for expenses incurred during the performance of their duties.
Importantly, the Act clarifies that the office of a member of the National Board is not deemed
an office of profit under any other prevailing law.
Section 6: Constitution of State Board for Wild Life
The Wild Life (Protection) Amendment Act, 2002 stipulates the establishment of State
Boards for Wild Life by State Governments, within six months from the Act's
commencement. These boards play a crucial role in formulating and implementing policies
for wildlife conservation at the state level.
The State Board for Wild Life is chaired by the Chief Minister of the state, or in the case of a
Union territory, either the Chief Minister or Administrator. The Minister in-charge of Forests
and Wild Life serves as the Vice-Chairperson. The composition includes members of the
State Legislature, representatives from non-governmental organizations dealing with wildlife,
and individuals nominated by the State Government for their expertise in conservation,
ecology, and environmental matters. Notably, the State Board must include at least two
representatives of the Scheduled Tribes among eminent conservationists and
environmentalists.
Ex officio members of the State Board comprise officials from various state departments,
including Forests, Tribal Welfare, Tourism Development Corporation, Police Department,
Animal Husbandry, Fisheries, and others. The Chief Wild Life Warden serves as the
Member-Secretary.
The Act outlines the terms of office for members, procedures for filling vacancies, and the
entitlement of members (excluding ex officio members) to receive allowances for expenses
incurred in the performance of their duties.
Section 36 A: Declaration and management of a conservation reserve
The State Government, following consultations with local communities, has the authority to
designate any government-owned area, particularly those adjacent to National Parks and
sanctuaries, as well as connecting areas between protected regions, as a conservation reserve.
This designation aims to safeguard landscapes, seascapes, flora, fauna, and their habitats.
Certain conditions apply to the declaration of a conservation reserve. If the reserve
encompasses land owned by the Central Government, prior concurrence from the Central
Government is mandatory.
The provisions outlined in various sections of the Wildlife Protection Act are applicable to
conservation reserves. These include sub-section (2) of section 18, sub-sections (2), (3), and
(4) of section 27, sections 30, 32, and clauses (b) and (c) of section 33. The application of
these provisions ensures a consistent regulatory framework for conservation reserves akin to
that of sanctuaries, emphasizing the importance of protection and management measures.
Section 36 B: Conservation reserve management committee
The State Government is mandated to establish a conservation reserve management
committee, tasked with advising the Chief Wild Life Warden on the conservation,
management, and maintenance of the conservation reserve.
The committee's composition includes a member-secretary representing the forest or Wild
Life Department, a representative from each Village Panchayat within the reserve's
jurisdiction, three representatives from non-governmental organizations engaged in wildlife
conservation, and one representative each from the Departments of Agriculture and Animal
Husbandry.
The committee has the authority to regulate its own procedures, including determining the
quorum for conducting its activities. This setup ensures a collaborative and multidimensional
approach to the effective management and preservation of the conservation reserve.
Problems with the Act
1. Chief Wildlife Warden (CWLW) Responsibilities: Despite being empowered to settle
protected areas; this authority remains inactive after 46 years. Inadequate response to the
destruction of wildlife and failure to regulate water inflow/outflow. Neglect of
responsibilities related to entry regulation, arm license registration, and cattle inoculation.
2. Conflict Between WLPA and Forest Rights Act (2006): A legislative contradiction
arises as resource-poor farmers and tribal communities clash with wildlife, highlighting
the need for harmonization.
3. Forest Guard Training and Resources: Insufficient training in forest-specific issues,
such as species diversity and landscape planning. Forest guards lack necessary weapons
during conflicts with poachers. Wildlife areas, particularly corridors, are shrinking due to
population pressures, and there is inadequate space to house rescued animals.
4. Agency Integration and Awareness: Poor coordination among agencies involved in
wildlife protection. A dismal 2% conviction rate for wildlife-related crimes, and a lack of
control at international borders and transport facilities. Limited sensitization among
police and judges regarding animal welfare laws.
5. Exploitation of Legal Provisions: Forest dwellers exploit Section 11(2) of the WLPA,
claiming self-defence to evade punishment for killing animals. Punishments for wildlife
crimes are disproportionately low.
6. Oversight of Exotic Species: Exotic species not covered under the WLPA or CITES,
creating loopholes for exploitation through other legal acts.
CITES
CITES, which stands for the Convention on International Trade in Endangered Species of
Wild Fauna and Flora, is a global agreement among governments to regulate or ban
international trade in species under threat. In the mid-20th century, governments were
beginning to recognize that trade in some wild animals and plants had a devastating impact
on those species. These species were being driven toward extinction through unsustainable
use for food, fuel, medicine, and other purposes. And while individual governments could
control what happened within their borders, they did not have a way to address the impacts of
international trade in these species. In 1973, 21 countries addressed this issue by signing the
CITES agreement.
Chief wildlife warden
Defined under Section 2(7) as means the person appointed as such under clause (a) of sub-
section (1) of section 4
Section 4: Appointment of wildLife Warden and other officers
(1) The State Government holds the authority to appoint various officers for the effective
implementation of this Act, including:
(a) Chief Wild Life Warden (b) Wild Life Wardens (bb) Honorary Wild Life Wardens (c)
Any other officers and employees deemed necessary for the purpose.
(2) The Chief Wild Life Warden, while performing duties and exercising powers under this
Act, is subject to general or special directions issued by the State Government.
(3) Wild Life Wardens, Honorary Wild Life Wardens, and other officers and employees
appointed under this section operate under the subordination of the Chief Wild Life Warden,
ensuring a hierarchical structure for the effective administration of wildlife-related matters.
to manage all the sanctuaries. He/she will allow minimum human entries in the sanctuaries as
well as allow people for scientific research and photography. If he deems fit then he may also
allow tourist inside the area.
IUCN red list
The International Union for Conservation of Nature (IUCN) is a global authority established
in 1948 in Fontainebleau, France, dedicated to assessing the status of the natural world and
promoting actions for its protection. Operating in sustainable development, IUCN addresses
resource depletion issues and encourages international collaboration for environmental
protection and sustainable development. The organization's vision is to create a just world
that values and conserves nature. The IUCN World Conservation Congress, held
quadrennially, serves as a platform for members, policymakers, civil society representatives,
indigenous leaders, businesses, and academia to set the organization's direction. IUCN
focuses on crucial themes such as climate change, ecosystem management, gender, protected
areas, species, and world heritage.
IUCN consists of six major commissions, including the Commission on Education and
Communication, Commission on Ecosystem Management, Commission on Environmental,
Economic, and Social Policy, Species Survival Commission, World Commission on
Environmental Law, and World Commission on Protected Area. These commissions provide
scientific knowledge and recommendations for the organization's conservation and
sustainable development framework.
Acknowledging its significance, the UN General Assembly granted IUCN official observer
status in 1999. IUCN collaborates with the UN Environment Programme and the World
Wildlife Fund, contributing to global conservation efforts. The organization's achievements
include endorsing environmental impact assessments, contributing to international
conventions and agreements, and developing the World Conservation Strategy.
IUCN manages the IUCN Red List, a comprehensive database assessing the global extinction
risk status of various species. This Red List, established in 1964, categorizes species into nine
levels based on their risk of extinction, providing essential information for conservation
decisions and policies. Overall, IUCN plays a pivotal role in global conservation, awareness
building, and sustainable development.
Project tiger
Project Tiger, initiated by the Indira Gandhi government in 1973, stands as a beacon of
wildlife conservation in India. The endeavour was sparked by the alarming decline in the
tiger population, dwindling to a mere 1,820 in the 1970s from an estimated 20,000 to 40,000
at the turn of the 20th century. The drastic decrease was attributed to historical hunting
practices, poaching, and the depletion of prey due to habitat loss. To address this crisis, the
government passed the Wildlife Protection Act in 1972, laying the foundation for
comprehensive conservation efforts. The subsequent launch of Project Tiger in 1973 aimed to
not only protect the Bengal Tiger but also reverse the declining trend and ensure a sustainable
population. Jim Corbett National Park in Uttarakhand became the inaugural site for the
project.
India is the world’s largest home for Royal Bengal Tigers. India hosts more than 70% of the
total Tigers in the world. It is no surprise then that we are also prime targets for tiger hunters
and poachers. To overcome this threat Project Tiger was launched in 1973 in India. Since the
population of these beautiful big cats is spread across many states in India, the responsibility
of protecting those falls upon the government. Project Tiger is the government’s response to
this call of duty.
Back in the early 19th century, there were about 40,000 Royal Bengal Tigers in India. Within
seven decades, Royal Bengal Tiger’s population dwindled to a mere 1800. It was not only
shocking and alarming but also a reflection of the neglect that was being heaped upon
the National Animal of India. It was an undeniable failure.
Considering the scathing criticism brought on by these stats, the government investigated the
issue and initiated steps to revive the tiger population in the country. Project Tiger in
India was launched on 1st April 1973 as a major wildlife conservation project in India. It was
launched from the Jim Corbett National Park of Uttarakhand.
The initiative is funded by the Union Govt. of India and administrated under the Ministry of
Environment, Forests and Climate Change. National Tiger Conservation Authority (NTCA)
is the immediate supervising agency.
The stated aims of Project Tiger were
 To identify factors causing a reduction in tiger habitats and mitigate them through
suitable management practices. The damages already done to the habitat were to be
corrected so that the natural ecosystem can be recovered to the extent possible.
 To maintain a viable tiger population for their economic, ecological, cultural, and
aesthetic significance
Project Tiger was launched in the year 1973. It was one of the most important conservation
efforts initiated to protect Tigers in India. It was the first of its kind of Project in India to
maintain the population of Tigers in India and to protect them from Poaching and other
threats.
National Park and sanctuary
Section 2(21) defines national park as an area declared, whether under section 35 or section
38, or deemed, under sub-section (3) of section 66, to be declared, as a National Park;
The State govt. by notification, may declare an area whether within a sanctuary or not, is by
reason of its ecological or other technical grounds needed to be constituted as a national, park
for the purpose of protection, propagating or developing wild life.
Section 2(26) defines sanctuary as an area declared as a sanctuary by notification under the
provisions of Chapter IV of this Act and shall also include a deemed sanctuary under sub-
section (4) of section 66;]
The State govt. by notification, may declare any area within the reserved forest or territorial
waters as a sanctuary if it considers fit the area for protection and conservation of wild life.
 DISASTER MANAGEMENT ACT, 2005
Background
The National Disaster Management Act, 2005, is a pivotal legislative framework enacted by
the Government of India to address the multifaceted challenges posed by disasters. Officially
authorized on 26th December 2005, this act serves as a robust instrument aimed at reducing
risks, assessing the severity of hazards, executing prompt actions, and facilitating
rehabilitation and relief efforts for the affected population.
At its core, the Disaster Management Act emphasizes the imperative of proactive measures in
disaster risk reduction, preparedness, and mitigation. It underscores the integration of disaster
management principles into the fabric of developmental planning, fostering sustainable and
resilient growth. The act delineates institutional mechanisms, provides guidelines for
planning and implementation, and assigns roles and responsibilities to diverse stakeholders
engaged in disaster management.
It underscores the need for coordination among governmental agencies, non-governmental
organizations, and the community to streamline efforts and minimize the impact of disasters
on human lives, infrastructure, and the environment. The Ministry of Home Affairs
collaborates closely with the National Disaster Management Authority (NDMA) to
implement and oversee the provisions of the act.
In the context of recent events, such as the onset of the COVID-19 pandemic and the
subsequent pan-India lockdown in 2021, the NDMA Act 2005 gained prominence. It played a
crucial role in ensuring the uninterrupted flow of essential services, particularly medical
oxygen, during a time of unprecedented crisis. The act continues to be a dynamic and
evolving framework, adapting to the changing landscape of disaster management, and
reinforcing the government's commitment to safeguarding its citizens and infrastructure.
Section 2(d): Disaster A disaster is a significant and serious event that happens in an area,
either due to natural or human-made causes, accidents, or negligence. It leads to substantial
loss of life, human suffering, or damage to property and the environment. A disaster is so
severe that the affected community cannot handle it on its own.
National crisis management committee
The National Crisis Management Committee (NCMC) is chaired by the Cabinet Secretary,
The NCMC, established by the Government of India in response to natural calamities, serves
to coordinate and implement relief measures and operations. Upon its constitution, the
Agriculture Secretary provides essential information and seeks directions. Operating under
the Cabinet Secretariat, the NCMC oversees the Command, Control, and Coordination of
disaster response and directs the Crisis Management Group (CMG) as needed. The
committee's composition includes the Cabinet Secretary as the Chairperson and Secretaries of
Ministries/Departments and agencies with specific disaster management responsibilities. This
proactive approach ensures effective collaboration and strategic response to potential crises,
reflecting the government's commitment to managing and mitigating the impact of natural
disasters.
along with cabinet secretary worked under central relief commissioner on the
recommendations of the committee, the GOI made necessary changes such as mitigation and
preventive measures
Salient features
 Section 3: National Disaster Management Authority (NDMA): NDMA is authorized
to make policies, plans and guidelines for disaster management. The Prime Minister of
India is the Chairperson, and NDMA will have no more than nine members, including a
Vice-Chairperson. The tenure of all the members is of 5 years.
Functions and responsibilities: Section 6
The role of the Prime Minister as the chief of the National Disaster Management Authority
(NDMA), as outlined in the National Disaster Management Act 2005, encompasses several
crucial functions and responsibilities in the field of disaster management:
1. Implementation and Collaboration:
o Oversee the effective implementation of disaster management policies.
o Facilitate collaboration and coordination among various stakeholders to ensure a
cohesive and integrated approach to disaster response and mitigation.
2. Funding for Reduction:
o Organize and mobilize funds to support initiatives aimed at reducing disaster risks,
ensuring financial resources are allocated efficiently for risk reduction measures.
3. Assurance and Assistance:
o Provide assurance and regular assistance to countries severely affected by disasters,
demonstrating international solidarity and cooperation in times of crisis.
4. Policy Development:
o Play a central role in the formulation and development of policies related to disaster
management, adapting strategies to address emerging challenges and evolving scenarios.
5. Approval of Plans:
 o Work on the approval of disaster management plans proposed by various government
departments, ensuring alignment with the overarching National Plan for comprehensive
disaster management.
6. Measures for Prevention, Mitigation, and Preparedness:
o Take necessary measures for disaster prevention, mitigation, and preparedness,
recognizing the importance of proactive strategies to reduce the impact of potential
disasters.
7. Capacity Building:
o Focus on capacity building initiatives, ensuring that relevant agencies and communities
are adequately prepared to handle threatening disaster situations effectively.
8. Establishing Policies and Guidelines:
o Collaborate with the National Institute of Disaster Management to establish broad
policies and guidelines. This ensures a standardized and informed approach to disaster
response and management, fostering consistency and best practices.
 Section 14: State Disaster Management Authority (SDMA): Headed by Chief
Minister of the respective state, SDMA lays down the policies and plans for disaster
management in the state. It is responsible to coordinate the implementation of the state
Plan, recommend provision of funds for mitigation and preparedness measures and
review the developmental plans of the different departments of the state to ensure
integration of prevention, preparedness, and mitigation measures.
 Section 25: District Disaster Management (DDMA): Each State Government is
required to promptly establish a District Disaster Management Authority for every district
in the state through an official notification. The District Authority, chaired by the
Collector or District Magistrate, consists of members, including the local authority's
elected representative and other designated officials. In districts with a zila parishad, its
chairperson serves as the co-Chairperson. The State Government appoints a Chief
Executive Officer, typically an officer of Additional Collector rank, to lead the District
Authority and perform specified functions delegated by the State Government and the
District Authority.
The District Magistrate/ District Collector/Deputy Commissioner heads the Authority
as Chairperson besides an elected representative of the local authority as Co-Chairperson
except in the tribal areas where the Chief Executive Member of the District Council of
Autonomous District is designated as Co-Chairperson.
Further in district, where Zila Parishad exists, its Chairperson shall be the Co-Chairperson of
DDMA. The District Authority is responsible for planning, coordination, and implementation
of disaster management and to take such measures for disaster management as provided in
the guidelines. The District Authority also has the power to examine the construction in any
area in the district to enforce the safety standards and to arrange for relief measures and
respond to the disaster at the district level.
 Section 8: National Executive Committee: It comprises Secretary level officers of the
government representing various ministries such as Finance, Home, Health, Power, and
agricultural ministries. It is responsible for preparing National Disaster Management Plan
for the whole country and ensuring its annual review and updating.
 Section 44: National Disaster Response Force (NDRF): It is tasked with responding to
a disaster and is headed by a Director-General appointed by the Central government.
Section 10: Powers and functions of National Executive Committee
The National Executive Committee is tasked with assisting the National Authority in
fulfilling its functions and ensuring compliance with the Central Government's directions for
disaster management in the country. Its responsibilities include:
1. Serving as the coordinating and monitoring body for disaster management.
2. Formulating and gaining approval for the National Plan from the National Authority.
3. Coordinating and monitoring the implementation of the National Policy.
4. Establishing guidelines for disaster management plans by various Ministries and
Departments of the Government of India and State Authorities.
5. Providing technical assistance to State Governments for preparing disaster management
plans.
6. Monitoring the implementation of the National Plan and plans by Government Ministries
and Departments.
7. Overseeing the integration of prevention and mitigation measures into development plans
and projects.
8. Coordinating and directing mitigation and preparedness measures by different
Government Ministries and Departments.
9. Evaluating preparedness at all governmental levels and providing directions for
enhancement.
10. Planning and coordinating specialized training programs for disaster management.
11. Coordinating responses during threatening disaster situations or disasters.
12. Issuing guidelines or directions to concerned Government entities in response to disasters.
13. Requesting Government departments to make available resources for emergency
response, rescue, and relief.
14. Advising, assisting, and coordinating activities of various entities engaged in disaster
management.
15. Providing technical assistance and advice to State and District Authorities.
16. Promoting general education and awareness related to disaster management.
17. Performing any other functions as required by the National Authority.
In essence, the National Executive Committee plays a pivotal role in coordinating and
overseeing the comprehensive implementation of disaster management policies and plans at
various levels of governance.
Section 46: National Disaster Response Fund
The Central Government has the authority to establish a fund named the National Disaster
Response Fund (NDRF) through an official notification. This fund, created for addressing
threatening disaster situations or disasters, will receive contributions from the Central
Government, as allocated by Parliament, and grants from individuals or institutions
supporting disaster management. The NDRF is at the disposal of the National Executive
Committee to be utilized for emergency response, relief, and rehabilitation expenses,
adhering to guidelines set by the Central Government in consultation with the National
Authority.
Section 51: Punishment for obstruction, etc
Anyone who, without reasonable cause: (a) obstructs an officer or employee of the Central
Government, State Government, or a person authorized by the National Authority, State
Authority, or District Authority in carrying out their duties under this Act; or (b) refuses to
comply with any direction issued by the Central Government, State Government, National
Executive Committee, State Executive Committee, or District Authority under this Act,
Upon conviction, can face punishment with imprisonment for up to one year, or a fine, or
both. If such obstruction or refusal results in the loss of lives or an imminent danger thereof,
the punishment upon conviction can extend to imprisonment for up to two years.
Project on cyclone mitigation
Launched by the Centre to address cyclone risks in the country.
 The objective of the Project is to undertake suitable structural and non-structural
measures to mitigate the effects of cyclones in the coastal states and UTs of India.
About the Project:
 To be implemented by the National Disaster Management Authority (NDMA) under the
aegis of the Ministry of Home Affairs, along with coordination from the respective state
governments and the National Institute for Disaster Management (NIDM).
 The Project has identified 13 cyclone prone States and Union Territories (UTs), with
varying levels of vulnerability.
 To be assisted by the World Bank.
These States/UT have further been classified into two categories, based on the frequency of
occurrence of cyclone, size of population and the existing institutional mechanism for
disaster management.
1. Category I: Higher vulnerability States i.e. Andhra Pradesh, Gujarat, Odisha, Tamil
Nadu and West Bengal.
2. Category II: Lower vulnerability States i.e. Maharashtra, Karnataka, Kerala, Goa,
Pondicherry, Lakshadweep, Daman and Diu, Andaman and Nicobar Islands.
Components of the Project:
 Improved early warning dissemination systems.
 Enhanced capacity of local communities to respond to disasters.
 Improved access to emergency shelter, evacuation, and protection against wind
storms, flooding, and storm surge in high areas.
 Strengthening DRM capacity at central, state, and local levels in order to enable
mainstreaming of risk mitigation measures into the overall development agenda.

A bench of Justices S. Rajendra Babu, D.M. Dharmadhikari, and G.P. Mathur in the well-
known case of ND Jayal vs. Union of India (2003) decided on a writ petition filed under
Article 32 in concern with the legal actions associated with the environmental aspects of
Tehri Dam. Applying the precautionary principle, the Supreme Court of India held that
whenever there appears a state of uncertainty due to lack of data regarding the extent of
damage that is likely to be caused, then to maintain the ecological balance and preserve the
environment and its resources, the burden of proof that the said balance will be maintained
rests on the industry which contributes to causing such pollution. The Court further decided
on the ambit of “Right to Development” which was observed to include more than just
economic well-being. The Right to Development also guaranteed fundamental human rights.
In August 2018, Kerala flash floods experienced its worst floods since 1924, following
torrential rainfall. Excessive water storage in dams led to the opening of gates, releasing
water onto already flooded areas downstream. Silt deposition and environmental factors,
including encroachment, sand mining, and deforestation in the Western Ghats, reduced dam
and river holding capacities, contributing to widespread flooding.
Floods result from water overflowing onto typically dry land and can occur due to heavy
rains, ocean waves, rapid snowmelt, or dam/levee breaches. Floods, the most common
weather-related disasters, can be destructive, covering structures or entire areas. Flash floods,
combining flood force with incredible speed, pose the greatest danger.
Urban Flood Challenges:
 Unplanned Development: Encroachments, poor flood control, inadequate drainage,
and environmental degradation exacerbate floods.
 Unplanned Urbanisation: Cities face frequent flooding due to waterway
encroachment, inadequate drains, and poor waste management.
 Neglect of Pre-Disaster Planning: Historical focus on post-flood recovery rather
than pre-disaster planning hampers flood management.
 Gadgil Committee Recommendations Ignored: Failure to implement Gadgil
Committee recommendations, aimed at environmentally sensitive zones, contributes
to recurrent floods.
Challenges to the Act
 NDMA faced criticism for its role in the 2013 Uttarakhand flooding, accused of
failing to inform people about flash floods and landslides, with a poor post-disaster
relief response.
 A CAG report highlighted delays and lack of integration in flood management
projects, citing NDMA's institutional failures.
 Kerala Floods in 2018 and Chennai Floods in 2015 revealed shortcomings in disaster
preparedness, with the latter termed a "man-made disaster" by a CAG report blaming
the Tamil Nadu government.
 NDRF personnel lack sufficient training, equipment, facilities, and residential
accommodations for effective crisis management.
 Misutilization of funds in the National Disaster Response Fund and State Disaster
Response Fund, with some states using funds for non-sanctioned expenditures and
incurring interest losses due to delays in investment.
WATER ACT, 1974
Background
The Water (Prevention and Control of Pollution) Act, enacted in 1974, represents a pivotal
legislative measure in India aimed at preventing and controlling water pollution while
ensuring the maintenance or restoration of the wholesomeness of water throughout the
country. This legislative framework was further refined through an amendment in 1988.
Effect of water pollution
Section 2 (b): Central Board
Means the Central Pollution Control Board constituted under section 3
Section 2(e): Pollution
The definition states that water pollution includes any contamination, alteration of physical,
chemical, or biological properties, or discharge of substances into water, directly or
indirectly. This action may create a nuisance or make the water harmful to public health,
safety, domestic, commercial, industrial, agricultural, or other legitimate uses, as well as
harmful to the life and health of animals, plants, or aquatic organisms.
Section 3: Constitution of Central Boards
The Central Government, within six months of the Act's commencement in specified states
and union territories, establishes a body called the Central Pollution Control Board (CPCB)
through official notification. The CPCB comprises a full-time chairman with expertise in
environmental protection, officials nominated by the Central Government, individuals
nominated from State Boards, non-officials representing specified interests, and
representatives of government-owned companies. Additionally, a full-time member-secretary,
possessing qualifications in pollution control aspects, is appointed by the Central
Government. The CPCB operates as a body corporate with perpetual succession, a common
seal, and legal capacity for property transactions and contracts.
Section 4: Constitution of State Boards
 The State Government, through an Official Gazette notification, establishes a State
Pollution Control Board (SPCB) to exercise powers and functions under this Act.
 The SPCB consists of a chairman (full-time or part-time) nominated by the State
Government, officials representing the government, persons nominated from local
authorities, non-officials representing specified interests, and representatives of state-
owned companies.
 Additionally, a full-time member-secretary, possessing qualifications in pollution
control aspects, is appointed by the State Government.
  The SPCB operates as a body corporate with perpetual succession, a common seal,
and legal capacity for property transactions and contracts. It can sue or be sued by its
specified name.
 No SPCB is constituted for a Union territory, and in such cases, the Central Pollution
Control Board (CPCB) exercises the powers and functions of an SPCB. The CPCB
may delegate powers and functions for Union territories to specified persons or
bodies.
Section 5: Terms and conditions of service of members
 Members of a Board, excluding the member-secretary, serve a term of three years
from their nomination date.
 Members may continue in office until their successors assume office, even if their
term expires.
 The term of members nominated under specific clauses ends if they cease to hold the
relevant office in the Central Government, State Government, or associated company
or corporation.
 Removal of a member before the term's expiry requires providing a reasonable
opportunity for the member to present their case.
 Members can resign by submitting a written resignation to the relevant authority.
 Absence without sufficient reason from three consecutive Board meetings results in
the deemed vacation of a member's seat.
 Casual vacancies are filled by fresh nominations, and the newly nominated person
holds office for the remaining term.
 Members are eligible for renomination, except for the chairman, who has specific
conditions.
 The terms and conditions of service for members, excluding the chairman and
member-secretary, are prescribed.
 The chairman's terms and conditions of service are also prescribed.
Section 6: Disqualifications
No person can be a board member if they:
1. Have been declared insolvent, suspended payment of debts, or compromised with
creditors.
2. Have been declared of unsound mind by a competent court.
3. Have been convicted of an offense involving moral turpitude, or convicted under this Act.
4. Have a direct or indirect interest in a firm or company dealing with sewage or trade
effluents.
5. Hold a position in a company with a contract with the board, government, local authority,
or government-controlled entity for sewage or effluent treatment.
6. Have abused their position to the detriment of the public interest.
Removal can only occur after providing a reasonable opportunity to defend against the
decision. A removed member cannot be renominated.
Section 8: Meetings of board
 The Board is required to conduct meetings at least once in every three months.
 The meetings must adhere to prescribed rules of procedure for the transaction of business.
 In cases of urgent matters, the chairman has the authority to convene a meeting at a time
deemed suitable for addressing the urgent business at hand.
Section 9: Constitution of committees
 The Board has the authority to establish committees, which can consist entirely of Board
members, entirely of other individuals, or a combination of both.
 These committees are formed for specific purposes determined by the Board.
 Committees must adhere to prescribed rules of procedure regarding meeting times,
locations, and business transactions.
 Members of committees, excluding Board members, may receive fees and allowances for
attending meetings and performing other tasks assigned by the Board, as prescribed.
Section 13: Constitution of Joint Board.
 An agreement can be made:
o Between two or more contiguous State Governments.
o Between the Central Government (for one or more Union territories) and one or more
contiguous State Governments.
 The agreement specifies the period it is in force and allows for renewal.
 It provides for the establishment of a Joint Board:
o In the case of clause (a), for all participating States.
o In the case of clause (b), for the participating Union territory or territories and the State
or States.
 The agreement may:
o Determine the apportionment of expenditure between participating States or the Central
Government and participating State Governments.
 o Specify which participating State Governments or the Central Government shall exercise
and perform the powers and functions of the State Government under this Act.
o Include provisions for consultation between participating State Governments or the
Central Government and participating State Governments on matters under this Act.
o Make incidental and ancillary provisions consistent with this Act.
 The agreement must be published in the Official Gazette of participating States or Union
territories and States, depending on the nature of the agreement.
Section 14: Composition of Joint Boards
 A Joint Board formed under an agreement pursuant to clause (a) of section 13(1)
includes the following members:
o Full-time chairman nominated by the Central Government with expertise in
environmental protection.
o Two officials from each participating State nominated by the respective State
Government.
o One person nominated by each participating State Government from local authorities
within the state.
o One non-official nominated by each participating State Government to represent the
interests of agriculture, fishery, industry, or trade.
o Two persons nominated by the Central Government to represent companies or
corporations owned, controlled, or managed by participating State Governments.
o Full-time member-secretary appointed by the Central Government with qualifications
and experience in pollution control.
 A Joint Board formed under an agreement pursuant to clause (b) of section 13(1)
includes the following members:
o Full-time chairman nominated by the Central Government with expertise in
environmental protection.
o Officials nominated by the Central Government from participating Union territory and
participating States.
o Person nominated by the Central Government from local authorities within the
participating Union territory.
o Non-official nominated by the Central Government and a person nominated by the
participating State Government(s) to represent various interests.
 o Persons nominated by the Central Government to represent companies or corporations
owned, controlled, or managed by the Central Government, both in participating Union
territory and participating States.
o Full-time member-secretary appointed by the Central Government with qualifications
and experience in pollution control.
 When a Joint Board is formed under clause (b) of section 13(1), the application of sub-
section (4) of section 4 ceases to relate to the Union territory for which the Joint Board is
formed.
 The provisions of sub-section (3) of section 4 and sections 5 to 12 (inclusive) apply to
the Joint Board and its member-secretary, similar to how they apply to a State Board and
its member-secretary.
 Any reference in this Act to the State Board is construed, unless contextually different,
to include a Joint Board.
Section 16: Functions of Central Board
 The main function of the Central Board, as per the provisions of the Act, is to promote
cleanliness in streams and wells across different areas of the states.
 In addition to its general function, the Central Board has the authority to perform the
following specific functions: (a) Advise the Central Government on matters related to
the prevention and control of water pollution. (b) Coordinate activities among State
Boards and resolve disputes between them. (c) Provide technical assistance and guidance
to State Boards, conduct and sponsor investigations and research on water pollution
issues. (d) Plan and organize training programs for individuals involved or to be
involved in water pollution prevention, control, or abatement programs. (e) Organize
comprehensive programs through mass media for the prevention and control of water
pollution. (ee) Perform specified functions of any State Board as outlined in an order
made under subsection (2) of section 18. (f) Collect, compile, and publish technical and
statistical data related to water pollution, along with measures for prevention and control.
Prepare manuals, codes, or guides on sewage and trade effluent treatment and disposal,
and disseminate relevant information. (g) Establish, modify, or annul standards for
streams or wells in consultation with the concerned State Government, considering water
quality, flow characteristics, and water use. (h) Plan and execute a nationwide program
for the prevention, control, or abatement of water pollution. (i) Perform any other
functions as prescribed.
 The Board is empowered to establish or recognize laboratories to facilitate efficient
performance of its functions, including the analysis of water samples from streams or
wells, as well as samples of sewage or trade effluents.
Section 17: Functions of state boards
The State Board's functions are:
1. Plan and execute programs to prevent, control, or reduce pollution of streams and wells.
2. Advise the State Government on matters related to water pollution prevention and
control.
3. Collect and disseminate information on water pollution and its prevention.
4. Conduct investigations and research on water pollution issues.
5. Collaborate with the Central Board for training programs on pollution prevention.
6. Inspect sewage and trade effluents facilities, review plans, and set effluent standards.
7. Lay down effluent standards and classify waters in the state.
8. Develop cost-effective methods for sewage and trade effluent treatment.
9. Explore ways to utilize sewage and trade effluents in agriculture.
10. Establish efficient methods for land disposal of sewage and trade effluents.
11. Set standards for treatment of sewage and trade effluents based on stream
characteristics.
12. Issue orders for prevention, control, or reduction of waste discharges and system
modifications.
13. Advise the government on the location of industries that may pollute streams or wells.
14. Perform other functions prescribed or entrusted by the Central Board or State
Government.
15. Establish or recognize laboratories for efficient performance, including water and
effluent analysis.
Section 19: Power of State Government to restrict the application of the Act to certain
areas.
(1) If, after consultation with or on the recommendation of the State Board, the State
Government is of the opinion that the entire State need not be subject to the provisions of this
Act, it has the authority to, by notification in the Official Gazette, restrict the application of
this Act to specific areas declared as water pollution, prevention, and control areas.
Consequently, the provisions of this Act will only apply to the designated area or areas.
(2) The declaration of each water pollution, prevention, and control area can be made by
referencing a map or by specifying the line of any watershed or the boundary of any district,
or a combination of these methods.
(3) The State Government holds the power, through a notification in the Official Gazette, to:
(a) Alter any water pollution, prevention, and control area, whether by extending or reducing
its boundaries. (b) Define a new water pollution, prevention, and control area, which may
include the merger of one or more existing areas or any part thereof.
Section 20: Power to obtain information
(1) To fulfil the functions assigned by this Act, a State Board or its authorized officer has the
authority to conduct surveys in any area. This includes measuring and recording the flow or
volume, as well as other characteristics of streams or wells in that area. The Board can also
monitor and record rainfall in the region, or any specific part of it, and may install and
maintain gauges or other apparatus for this purpose. Additionally, the State Board can
perform stream surveys and take necessary steps to gather information for the aforementioned
purposes.
(2) The State Board is empowered to issue directions to individuals who, in its judgment, are
abstracting water from a stream or well in quantities substantial in relation to the flow or
volume, or discharging sewage or trade effluent into such water sources. These directions
may require the provision of information about the abstraction or discharge at specified times
and in prescribed forms.
(3) Beyond the scope of subsection (2), a State Board, with the aim of preventing or
controlling water pollution, may issue directions mandating individuals in charge of
establishments where industries, operations, processes, or treatment and disposal systems are
conducted, to provide information. This information pertains to the construction, installation,
or operation of such establishments or disposal systems, including any extensions or
additions thereto, along with other particulars as prescribed.
Section 21: Power to take samples of effluents and procedure to be followed in
connection therewith
(1) The State Board or an authorized officer has the power to take samples of water from
streams or wells, as well as samples of sewage or trade effluent from plants, vessels, or other
locations discharging into such streams or wells.
(2) The results of the analysis of sewage or trade effluent samples taken under subsection (1)
are not admissible in legal proceedings unless the conditions outlined in subsections (3), (4),
and (5) are met.
(3) When a sample of sewage or trade effluent is taken for analysis under subsection (1), the
person taking the sample must: (a) Serve notice to the occupier (person in charge) of the
plant, vessel, or place, indicating the intention to analyze the sample. (b) In the presence of
the occupier or their agent, divide the sample into two parts. (c) Place each part in a container
marked and sealed, signed by both the person taking the sample and the occupier or their
agent. (d) Send one container to the relevant laboratory specified by the Central or State
Board. (e) Optionally, upon request, send the second container to an alternative laboratory
specified by the occupier or their agent.
(4) If the occupier or agent wilfully absents themselves when the sample is taken, the sample
is sent to the laboratory specified by the Board. The cost of analysis is payable by the
occupier or agent, recoverable as arrear of land revenue or public demand, after giving them a
reasonable opportunity to be heard.
(5) If the occupier or agent present at the time of sample collection does not request to divide
the sample, it is placed in a container, marked, sealed, and sent for analysis to the specified
laboratory without a second part.
Section 23: Power of entry and inspection
Any person authorized by a State Board has the right to enter any place:
1. For performing Board functions.
2. To assess compliance with the Act, rules, notices, orders, or authorizations.
3. To examine plants, records, documents, or conduct searches related to potential offenses
under the Act.
This right is subject to reasonable hours when inspecting a residential well. The Code of
Criminal Procedure, 1973, or applicable laws in Jammu and Kashmir, apply to searches and
seizures under this section, similar to those under a warrant. The term "place" includes
vessels.
Section 25: Restrictions on new outlets and new discharges
(1) Without the previous consent of the State Board, no person shall: (a) Establish or take
steps to establish any industry, operation, process, treatment and disposal system, or any
extension or addition thereto, likely to discharge sewage or trade effluent into a stream, well,
sewer, or land. (b) Bring into use any new or altered outlet for the discharge of sewage. (c)
Begin to make any new discharge of sewage.
Exception: A person in the process of establishing an industry immediately before the
commencement of the Water (Prevention and Control of Pollution) Amendment Act, 1988,
may continue for three months from such commencement or until the disposal of the consent
application made within the three-month period.
(2) An application for consent must be made in the prescribed form, include required
particulars, and be accompanied by prescribed fees.
(3) The State Board may conduct an inquiry into the application and follow the prescribed
procedure.
(4) The State Board may grant consent subject to conditions related to the discharge point,
nature, composition, temperature, volume, or rate of discharge. Consent may be valid for a
specified period.
(5) The State Board may refuse consent with recorded reasons.
(6) If an industry or discharge is established without consent, the State Board may serve a
notice imposing conditions that might have been imposed if consent were sought.
(7) Every State Board shall maintain a register of conditions imposed under this section, open
to inspection.
(8) The consent is deemed to have been given unconditionally if not granted or refused within
four months of a complete application.
For interpretation purposes:
 "New or altered outlet" refers to an outlet wholly or partly constructed on or after the
commencement of the Act or substantially altered after such commencement.
 "New discharge" means a discharge not substantially a continuation of a discharge made
within the preceding twelve months, except for reductions in temperature, volume, or
rate of discharge.
Section 27: Refusal or withdrawal of consent by State Board
(1) A State Board shall not grant consent under sub-section (4) of section 25 for the
establishment of any industry, operation, process, treatment and disposal system, or extension
or addition thereto, or for bringing into use a new or altered outlet unless the entity is
established to comply with any conditions imposed by the Board to enable it to exercise its
right to take samples of the effluent.
(2) A State Board may, from time to time, review any condition imposed under section 25 or
section 26 and may serve notice on the person to whom a consent under section 25 or section
26 is granted, making any reasonable variation of or revoking any such condition.
Additionally, the State Board may review the refusal of any consent referred to in sub-section
(1) of section 25 or section 26 or the grant of such consent without any condition and may
make such orders as it deems fit.
(3) Any condition imposed under section 25 or section 26 shall be subject to any variation
made under sub-section (2) and shall continue in force until revoked under that sub-section.
Section 28: Appeals
(1) Any person aggrieved by an order made by the State Board under section 25, section 26,
or section 27 may, within thirty days from the date on which the order is communicated to
him, prefer an appeal to such authority (hereinafter referred to as the appellate authority) as
the State Government may think fit to constitute. However, the appellate authority may
entertain the appeal after the expiry of the said period of thirty days if satisfied that the
appellant was prevented by sufficient cause from filing the appeal in time.
(2) An appellate authority shall consist of a single person or three persons, as the State
Government may think fit, to be appointed by that Government.
(3) The form and manner in which an appeal may be preferred under sub-section (1), the fees
payable for such appeal, and the procedure to be followed by the appellate authority shall be
such as may be prescribed.
(4) Upon receiving an appeal preferred under sub-section (1), the appellate authority shall,
after giving the appellant and the State Board an opportunity of being heard, dispose of the
appeal as expeditiously as possible.
(5) If the appellate authority determines that any condition imposed or the variation of any
condition, as the case may be, was unreasonable, then: (a) Where the appeal is in respect of
the unreasonableness of any condition imposed, such authority may direct either that the
condition shall be treated as annulled or that there shall be substituted for it such condition as
appears to it to be reasonable. (b) Where the appeal is in respect of the unreasonableness of
any variation of a condition, such authority may direct either that the condition shall be
treated as continuing in force unvaried or that it shall be varied in such a manner as appears to
it to be reasonable.
Section 32: Emergency measures in case of pollution of stream or well.
(1) Where it appears to the State Board that any poisonous, noxious, or polluting matter is
present in any stream or well or on land by reason of the discharge of such matter in such
stream or well or on such land or has entered into that stream or well due to any accident or
other unforeseen act or event, and if the Board is of the opinion that it is necessary or
expedient to take immediate action, it may, for reasons to be recorded in writing, carry out
such operations as it may consider necessary for all or any of the following purposes: (a)
Removing that matter from the stream or well or on land and disposing it of in such manner
as the Board considers appropriate. (b) Remedying or mitigating any pollution caused by its
presence in the stream or well. (c) Issuing orders immediately restraining or prohibiting the
person concerned from discharging any poisonous, noxious, or polluting matter into the
stream or well or on land or from making insanitary use of the stream or well. (2) The power
conferred by sub-section (1) does not include the power to construct any works other than
works of a temporary character, which are removed on or before the completion of the
operations.