Regulatory Practices
against
Environment Pollution
Water (Prevention and Control of Pollution) Act, 1974
Environment Protection Act, 1986
.
Environment (Protection) Act, 1986
An act to provide for the Protection and
Improvement of Environment and for matters
connected therewith.
Whereas the Decisions were taken at the
United Nations Conference on the Human
Environment held at Stockholm in June, 1972 in
which India participated to take appropriate
steps for the Protection and Improvement of
human environment.
Environment (Protection) Act, 1986
Central Government has been given powers to take all necessary measures for
purpose of protecting and improving the quality of environment and preventing,
controlling and abating environmental pollution
Central Government can issue directions, in writing, to any person, officer or
authority for purposes of Act. Such direction can cover direction for closure,
prohibition or regulation of industry or process or stoppage or regulation of supply of
electricity, water or any other service
However, any direction cannot be given without giving him opportunity of being
heard and to file objections etc.
Land Pollution
Land pollution the action of environmental contamination with man-made waste
on land.
Water pollution
Water pollution is the action of environmental contamination with man-made waste
into water. The source of this waste could be raw sewage, chemicals, trash, or
fertilizer. Water pollution has severe human consequences, since less than 3% of the
Earth contains water that is potable or safe for drinking.
Air Pollution
Air pollution is the action of environmental contamination with man-made waste
into the air. The air we breathe is composed of a mixture of gases: 78% nitrogen, 21%
oxygen, and a small percentage of other gases like argon, carbon dioxide, and water
vapor. The Earth's air contains pollutants or harmful material, we may also breathe.
Some of these air pollutants may be odorless and colorless.
Bringing forward of the Act:
Water (Prevention and Control of Pollution) Act,
1974
An Act to provide for the prevention and control of
water pollution ,
maintaining or restoring of wholesomeness of
water,
Establishment of Boards for the prevention and
control of water pollution, for conferring on and
assigning to such Boards Powers and functions
relating thereto and for matters connected
therewith.
Whereas Parliament has no power to make laws for the States
with respect to any of the matters aas provided in articles 249 and
250 of the Constitution;
In pursuance of clause (1) of article 252 of the Constitution
resolutions have been passed by all the Houses of the Legislatures
of the States of Assam, Bihar, Gujrat, Haryana, Himachal Pradesh,
Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh,
Rajasthan, Tripura and West Bengal to the effect that the matters
aforesaid should be regulated in those States by Parliament by law
Commencement
“Water Prevention and Control of Pollution Act, 1974
It applies in the first instance to the whole of the States of
Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and
Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura
and West Bengal and the Union territories;
Clause (1) of article 252 of the Constitution.
On the date of such adoption and any reference in this Act to the
commencement of this Act shall, in relation to any State or Union
territory, mean the date on which this Act comes into force in such
State or Union territory.
Terminology’s
"Board" means the Central Board or State Board;
"Central Board" means the Central Pollution Control Board Constituted under
Section 3
"State Board" means a State Pollution Control Board constituted under Section 4
(i)
“Occupier", in relation to any factory or premises, means the person who has
control over the affairs of the factory or the premises, and includes, in relation
to any substance, the person in possession of the substance;
“Outlet" includes any conduit pipe or channel, open or closed carrying sewage
or trade effluent or any other holding arrangement which causes, or is likely to
cause pollution
“Pollution" means such contamination of water or such alteration of the
physical, chemical or biological properties of water or such discharge of
any sewage or trade effluent or of any other liquid, gaseous or solid
substance into water as may, or is likely to, create a nuisance or render
such water harmful or injurious to public health or safety,
“Prescribed" means prescribed by rules
“Sewage effluent"
“Stream" includes-
(i) River;
(ii) Water course
(iii) Inland water, whether natural or artificial;
(iv) Subterranean waters;
(v) Sea
Constitution of Central Board
The Central Board shall consist of the following members, namely:-
(a) A full-time chairman, being a person having special knowledge or practical
experience in respect of matters relating to environmental protection
(b) Such number of officials, not exceeding five to be nominated by the Central
Government to represent that Government
(c) Two persons to represent the companies or corporations owned, controlled or
managed by the Central Government, to be nominated by that Government
(d) A full-time member-secretary
Constitution of State Board
A State Board shall consist of the following members, namely:-
(a) a chairman
(b) such number of officials, not exceeding five, to be nominated by the
State Government
(c) such number of non-officials, not exceeding three to be nominated by the State
Government
(d) two persons to represent the companies or corporations owned, controlled or
managed by the State Government, to be nominated by that Government;
(e) A full-time member-secretary, possessing qualifications, knowledge and
experience of scientific, engineering or management aspects of pollution
control, to be appointed by the State Government.
Theme of the Act
1. Meetings of Boards
A Board shall meet at least once in every three months and shall observe such rules
of procedure in regard to the transaction of business at its meetings as may be
prescribed.
2. Constitution of Committees
(1) A Board may constitute as many committees consisting wholly of members or
wholly of other persons or partly of members and partly of other persons, and for
such purpose or purposes as it may think fit.
(2) A committee constituted under this Section shall meet at such time and at such
place, and shall observe such rules of procedure in regard to the transaction of
business at its meetings, as may be prescribed.
(3) The members of a committee (other than the members of Board) shall be paid
such fees and allowances.
3 . Temporary association of persons with Board for particular purposes
(1) A Board may associate with itself in such manner, and for such
purposes, as may be prescribed any person whose assistance or advice it
may desire to obtain in performing any of its functions under this Act.
(2) A person associated with the Board under sub-Section (1) for any
purpose shall have a right to take part in the discussions of the Board
relevant to that purpose
(3) A person associated with the Board under sub-Section (1) for any
purpose shall be paid such fees and allowances.
4. Vacancy in Board not to invalidate Acts and Proceedings
No act or proceeding of a Board or any committee thereof shall be called
in question on the ground merely of the existence of any vacancy.
5. Constitution and Composition of Joint Board
Functions of Central Board
[Link] to the provisions of this Act, the main function of the Central
Boads shall be to promote cleanliness of streams and wells in
different areas of the
States.
2. In particular and without prejudice to the generality of the
foregoing function, the Central Board may perform all or any of
the following functions, namely:--
(a) advise the Central Government on any matter concerning the
prevention and control of water pollution;
(b) co-ordinate the activities of the State Boards and resolve
disputes among them;
(c) provide technical assistance and guidance to the State Boards,
(d) plan and organise the training of persons engaged or to be
engaged in programs for the prevention.
(e) organise through mass media a comprehensive programme regarding
the prevention and control of water pollution;
(f) collect, compile and publish technical and statistical data relating to
water pollution and the measures devised for its effective prevention and
control and prepare manuals, codes or
(g) lay down, modify or annul, in consultation with the State Government
concerned, the standards for a stream or well
(h) plan and cause to be executed a nation-wide programme for the
prevention
(i) perform such other functions as may be prescribed.
3. The Board may establish or recognise a laboratory or laboratories to enable
the Board to perform its functions under this Section efficiently, including
the analysis of samples of water from any stream well or of samples of any
sewage or trade effluents.
Functions of State Board
(1) Subject to the provisions of this Act, the functions of a State
Board shall be --
(a) to plan a comprehensive programme for the prevention, control or
abatement of pollution
(b) to advise the State Government on any matter concerning the
prevention, control or abatement of water pollution;
(c) to collect and disseminate information relating to water pollution
and the prevention,.
(d) to encourage, conduct and participate in investigations and
research relating to problems of water pollution and prevention,
control or abatement of water pollution;
(e) lay down, modify or annul effluent standards for the sewage and
trade effluents and for the quality of receiving waters (not being
water in an inter-State stream) resulting from the discharge of
effluents
(f) to evolve economical and reliable methods of treatment of sewage
and trade effluents,
(g) to evolve methods of utilisation of sewage and suitable trade
effluents in agriculture;
(h) to evolve efficient methods of disposal of sewage and trade
effluents on land, as are necessary on
account of the predominant conditions of scant stream flows that
do not provide for major part of
the year the minimum degree of dilution;
(i) to advice the State Government with respect to the location of any
industry the carrying on of which is likely to pollute a stream or
well;
(j) to perform such other functions as may be prescribed or as may,
from time to time be entrusted to it by Central Board or State
Government.
Powers of CB & SB
Power of State Government to restrict the
application of The Act to certain areas,
Power to obtain Information,
Power to take samples of effluents and
procedure to be followed in connection
therewith.
Power of entry and inspection
Some Legal Provisions
Prohibition on use of stream or well for
disposal of polluting matter, etc.
Restrictions on new outlets and new
discharges,
Provision regarding existing discharge of
sewage or trade effluent,
Refusal or withdrawal of consent by State
Board
Appeals and Revisions
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
(2) An appellate authority shall consist of a single person or three persons as the State
Government maythink 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) On receipt of 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,
(b) where the appeal is in respect of the unreasonableness of any variation of a condition,.
Revision:
(1) The State Government may at any time either of its
own motion or on an application made to it in thisbehalf,
call for the records of any case where an order has been
made by the State Board under Section25, Section 26 or
Section 27 for the purpose of satisfying itself as to the
legality or propriety of any such order and may pass
such order in relation thereto as it may think fit
(2) The State Government shall not revise any order made
under Section 25, Section 26 or Section 27 where
an appeal against that order lies to the appellate
authority, but has not been preferred or where an appeal
has been preferred such appeal is pending before the
appellate authority.
