ENVIRONMENTAL

STUDIES
ASSIGNMENT
SUBMITTED BY:

NAME: Amit Paul Choudhury

SEMESTER: 4TH SEM

ENROLLMENT NUMBER: MTH1632073

DEPARTMENT: DEPARTMENT OF MATHEMATICS, COTTON UNIVERSITY

CONTENTS:

1. ENVIRONMENTAL PROTECTION ACT

1.1. INRODUCTION
1.2. OBJECTIVE
1.3. APPLICABILITY AND DEFINATION
1.4. JUDICIAL MEASURES

2. WATER ACT
2.1. INTRODUCTION
2.2. OBJECTIVE
2.3. ROLE OF CENTRAL AND STATE POLLUTION CONTROL BOARD
2.4. JUDICIAL MEASURES: PENALTY

3. AIR ACT
3.1. INTRODUCTION
3.2. OBJECTIVE
3.3. ROLE OF CENTRAL AND STATE POLLUTION CONTROL BOARD
3.4. JUDICIAL MEASURES: PENALTY

》 BIBLIOGRAPHY
◆ ENVIRONMENT PROTECTION ACT, 1986:

INTRODUCTION:

Against the backdrop of the United Nations Conference on the Human Environment held at
Stockholm in June 1972, in which India was a participant, the Central Government enacted a
legislation, ‘The Environment (Protection) Act, 1986’, with an objective for protection and
improvement of the environment and for matters connected therewith.

As per this Act, the Central Government shall have the power to take all such measures for the
purpose of protecting and improving the quality of the environment and to prevent environmental
pollution. Further, the Central Government shall have the power to give directions in writing to any
person or officer or any authority for any of the purposes of the Act, including the power to direct the
closure, prohibition or regulation of any industry, operation or process.

No person carrying on an industry, operation or process shall discharge or emit any environmental
pollutant in excess of standards prescribed by the Government. Further persons handling with
hazardous substances shall comply with the procedural safeguards as may be prescribed by the
authorities.

As per the Act where the discharge of any environmental pollutant in excess of prescribed standard
occurs, or is apprehended to occur due to any accidental or other unforeseen act or event, the person
responsible for such discharge shall be bound to prevent or mitigate the pollutant so caused as well as
intimate the fact of such occurrence to the concerned authorities.

The Central Government or any other officer empowered by the Central Government shall have the
powers to take the samples of air, water, soil or any other substances from any factory, premises, etc
for the purpose of analysis. The said officer shall without delay send the container with the sample to
the laboratory established or recognized by Central Government. The Central Government has
established several environmental laboratories for the purposes of the Environment (Protection) Act.
For the purposes of protecting and improving the quality of the environment and preventing and
abetting environmental pollution, the standards of emission or discharge of environmental pollutants
from the industries, operations or processes are specified in Schedules 1 to 1V of the Environment
(Protection) Rules.

The Central Government takes into consideration various factors while prohibiting or restricting the
location of industries and carrying on of processes and operations in different areas. Every person
carrying on an industry, operation or process requiring consent under the water (prevention and
control of pollution) Act, 1974 or under The Air (Prevention and Control of Pollution) Act, 1981 or
both or authorization under the Hazardous Waters (Management and Handling) Rules, 1989 shall
submit an environmental statement for the financial year ending on the 31st March in Form V to the
concerned State Pollution Control Board on or before the Thirteenth day of September every year,
beginning 1993.

OBJECTIVE:

The main objective of the Act was to provide the protection and improvement of environment and for
matters connected therewith. Other objectives of implementation of the EPA are:

1. To implement the decisions made at the UN Conference on Human Environment held at

Stockholm in June, 1972.
2. To enact a general law on the areas of environmental protection which were left uncovered by
existing laws. The existing laws were more specific in nature and concentrated on a more
specific type of pollution and specific categories of hazardous substances rather than on
general problems that chiefly caused major environmental hazards.
3. To co-ordinate activities of the various regulatory agencies under the existing laws
4. To provide for the creation of an authority or authorities for environmental protection
5. To provide a deterrent punishment to those who endanger human environment, safety and
health

APPLICABILITY AND DEFINATION:

The Environment (Protection) Act is applicable to whole of India including Jammu & Kashmir. It
came into force on November 19, 1986.

Section 2 of the EPA deals with definitions. Some important definitions provided in the Section are:

Section 2 (a) “Environment” includes water, air, and land and the interrelationship that exists among
and between water, air and land and human beings, other living creatures, plants, micro-organism and
property. This definition is not exhaustive but an inclusive one.

Section 2 (b) “Environmental Pollutant” means any solid, liquid or gaseous substance present in such
concentration as may be, or tend to be injurious to environment.
Section 2 (c) “Environmental Pollution” means the presence in the environment of any environmental
pollutant6 . This implies the imbalance in environment. The materials or substances when after
mixing in air, water or land alters their properties in such manner, that the very use of all or any of the
air water and land by man and any other living organism becomes lethal and dangerous for health.

Section 2 (e) “Hazardous Substance” means any substance or preparation which, by reasons of its
chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other
living creatures, plants, micro-organism, property or environment.

JUDICIAL MEASURES:

(1) Whoever fails to comply with or contravenes any of the provisions of this Act, or the rules made
or orders or directions issued thereunder, shall, in respect of each such failure or contravention, be
punishable with imprisonment for a term which may extend to five years with fine which may extend
to one lakh rupees, or with both, and in case the failure or contravention continues, with additional
fine which may extend to five thousand rupees for every day during which such failure or
contravention continues after the conviction for the first such failure or contravention.

(2) If the failure or contravention referred to in sub-section (1) continues beyond a period of one year
after the date of conviction, the offender shall be punishable with imprisonment for a term which may
extend to seven years.

If the offence is conducted by Companies:

(1) Where any offence under this Act has been committed by a company, every person who, at the
time the offence was committed, was directly in charge of, and was responsible to, the company for
the conduct of the business of the company, as well as the company, shall be deemed to be guilty of
the offence and shall be liable to be proceeded against and punished accordingly: Provided that
nothing contained in this sub-section shall render any such person liable to any punishment provided
in this Act, if he proves that the offence was committed without his knowledge or that he exercised all
due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been
committed by a company and it is proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other
officer of the company, such director, manager, secretary or other officer shall also deemed to be
guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation--For the purpose of this section,--

(a) "company" means any body corporate and includes a firm or other association of individuals;

(b) "director", in relation to a firm, means a partner in the firm.

If the offence is conducted by Government Department:

(1) Where an offence under this Act has been committed by any Department of Government, the Head
of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded
against and punished accordingly. Provided that nothing contained in this section shall render such
Head of the Department liable to any punishment if he proves that the offence was committed without
his knowledge or that he exercise all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been
committed by a Department of Government and it is proved that the offence has been committed with
the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the
Head of the Department, such officer shall also be deemed to be guilty of that offence and shall be
liable to be proceeded against and punished accordingly.

◆ WATER ACT, 1974:

INTRODUCTION:

An Act to provide for the prevention and control of water pollution and the maintaining or restoring of
wholesomeness of water, for the establishment, with a view to carrying out the purposes aforesaid, 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.

It is expedient to provide for the prevention and control of water pollution and the maintaining or
restoring of wholesomeness of water, for the establishment, with a view to carrying out the purposes
aforesaid, of Boards for the prevention and control of water pollution and for conferring on and
assigning to such Boards powers and functions relating thereto.

Parliament has no power to make laws for the States with respect to any of the matters aforesaid
except as 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; BE it enacted by
Parliament in the Twenty-fifth Year of the Republic of India.

OBJECTIVES:

1. To prevent and control water pollution

2. To maintain wholesomeness of water
3. To establish control on State Boards for prevention and control of pollution
4. To empower the Boards for prevention/control of pollution
5. To provide penalties for contravention of the provisions of the Act
6. To establish control on state water testing laboratories.

ROLE OF CENTRAL AND STATE POLLUTION CONTROL BOARD:

The act aims to prevent and control water pollution and to maintain/restore wholesomeness of water
by establishing central and state pollution control board to monitor and enforce the regulations.
Share43

The Central Pollution Control Board, and State Pollution Control Boards composition, terms and
conditions of service of members are defined in Sections 3-12 of water (prevention and control of
pollution) act, 1974.

The Board advises the government on any matter concerning the prevention and control of water
pollution. It coordinates the activities and provides technical assistance and guidance. This policy sets
the standards and penalties for non-compliance for polluting bodies.

The Government has power to restrict any unit, and to take samples of effluents and get them
analysed in Central or State laboratories. Whoever fails to comply with any provision of this Act is
punishable with imprisonment, fine or with both.

The Central Board may perform all or any of the following functions, namely,-

● advise the Central Government on any matter concerning the prevention and control of water
pollution;
● co-ordinate the activities of the State Boards and resolve disputes among them;
● provide technical assistance and guidance to the State Boards, carry out and sponsor
investigations and research relating to problems of water pollution and prevention, control or
abatement of water pollution;
● plan and organise the training of persons engaged or to be engaged in programmes for the
prevention, control or abatement of water pollution on such terms and conditions as the
Central Board may specify;
● organise through mass media a comprehensive programme regarding the prevention and
control of water pollution;
● collect, compile and publish technical and statistical data relating to water pollution and the
measures devised for its effective prevention and control and prepare manuals, codes or
guides relating to treatment and disposal of sewage and trade effluents and disseminate
information connected therewith;
● lay down, modify or annul, in consultation with the State Government concerned, the
standards for a stream or well;
● plan and execute a nation-wide programme for the prevention, control or abatement of water
pollution;
● perform such other functions as may be prescribed.

The State Government shall, with effect from any date as it may, by notification in the Official
Gazette, appoint, constitute a [State Pollution Control Board], under such name as may be specified in
the notification, to exercise the powers conferred on the perform the functions assigned to that Board
under this Act.

Every State Board shall be a body corporate with the name specified by the State Government in the
notification under sub-section (1), having perpetual succession and a common seal with power,
subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and may,
by the said name, sue or be sued.

Notwithstanding anything contained in this section, no State Board shall be constituted for a Union
territory and in relation to a Union territory, the Central Board shall exercise the powers and perform
the functions of a State Board for that Union territory: Provided that in relation to a Union territory
the Central Board may delegate all of any of its powers and functions under this sub-section to such
person or body of persons as the Central Government may specify.

JUDICIAL MEASURES: PENALTY

Whoever contravenes any of the provisions of this Act or fails to comply with any order or direction
given under this Act, for which no penalty has been elsewhere provided in this Act, shall be
punishable with imprisonment which may extend to three months or with fine which may extend to
ten thousand rupees or with both, and in the case of a continuing contravention or failure, with an
additional fine which may extend to five thousand rupees for every day during which such
contravention or failure continues after conviction for the first such contravention or failure.
◆ AIR ACT, 1981:

INTRODUCTION:

Air Act is also a comprehensive legislation with more than fifty sections. It makes provisions,
interalia, for Central and State Boards, power to declare pollution control areas, restrictions on certain
industrial units, authority of the Boards to limit emission of air pollutants, power of entry, inspection,
taking samples and analysis, penalties, offences by companies and Government and cognizance of
offences etc.

The Act specifically empowers State Government to designate air pollution areas and to prescribe the
type of fuel to be used in these designated areas. According to this Act, no person can operate certain
types of industries including the asbestos, cement, fertilizer and petroleum industries without consent
of the State Board.

The Board can predicate its consent upon the fulfillment of certain conditions. The Air Act apparently
adopts an industry wide “best available technology” requirement. As in the Water Act, courts may
hear complaints under the Act only at the instigation of, or with the sanction of, the State Board.

The Government passed this Act in 1981 to clean up our air by controlling pollution. It states that
sources of air pollution such as industry, vehicles, power plants, etc., are not permitted to release
particulate matter, lead, carbon monoxide, sulfur dioxide, nitrogen oxide, volatile organic compounds
(VOCs) or other toxic substances beyond a prescribed level.

To ensure this, Pollution Control Boards (PCBs) have been set up by Government to measure
pollution levels in the atmosphere and at certain sources by testing the air. This is measured in parts
per million or in milligrams or micrograms per cubic meter.

The particulate matter and gases that are released by industry and by cars, buses and two wheelers is
measured by using air-sampling equipment. However, the most important aspect is for people
themselves to appreciate the dangers of air pollution and reduce their own potential as polluters by
seeing that their own vehicles or the industry they work in reduces levels of emissions.

This Act is created to take appropriate steps for the preservation of the natural resources of the Earth
which among other things includes the preservation of high quality air and ensures controlling the
level of air pollution.

OBJECTIVES:
(a) To provide for the prevention, control and abatement of air pollution.

(b) To provide for the establishment of central and State Boards with a view to implement the Act.

(c) To confer on the Boards the powers to implement the provisions of the Act and assign to the
Boards functions relating to pollution.

Air pollution is more acute in heavily industrialized and urbanized areas, which are also densely
populated. The presence of pollution beyond certain Limits due to various pollutants discharged
through industrial emission is monitored by the PCBs set up in every state.

ROLE OF CENTRAL AND STATE POLLUTION CONTROL BOARD:

The main functions of the Central Board, as specified in Section 16 of the Act, shall be:

To improve the quality of air and to prevent, control or abate air pollution in the country; and in
particular, and without prejudice to the generality of the foregoing functions, the Central Board, may

i. Advise the Central Government on any matter concerning the improvement of the quality of
air and the prevention, control or abatement of air pollution.

ii. Plan and cause to be executed a nation-wide programme for the prevention, control or
abatement of air pollution.

iii. Coordinate the activities of the State Boards and resolve disputes among them.

iv. Provide technical assistance and guidance to the State Boards, carry out and sponsor
investigations and research relating to problems of air pollution and prevention, control or
abatement of air pollution.

v. Plan and organise the training of persons engaged or to be engaged in programmes for the
prevention, control or abatement of air pollution on such terms and conditions as the Central
Board may specify.

vi. Organise through mass media a comprehensive programme regarding the prevention, control
or abatement or air pollution.

vii. Collect, compile and publish technical and statistical data relating to air pollution and the
measures devised for its effective prevention, control or abatement and prepare manuals,
codes, or guides relating to prevention, control or abatement of air pollution.

viii. Lay down standards for the quality of air

ix. Collect and disseminate information in respect of matters relating to air pollution.

x. Perform such other functions as may be prescribed, under Rules or under an order.

In addition to the above functions, the Central Board may establish or recognise a laboratory or
laboratories to enable the Central Board to perform its functions under the Section efficiently, and it
may

a. delegate any of its functions under the Act generally or specially to any of the Committees
appointed by it; and
b. do such other things and perform such other acts as it may think necessary for the proper
discharge of its functions and generally for the purpose of carrying into effect the purpose of
the Act.

The functions of the State Board, as specified in Section 17, shall be :

a. To plan a comprehensive programme for the prevention, control or abatement of air pollution
and to secure the execution thereof

b. To advise the State Government on any matter concerning the prevention, control or
abatement of air pollution

c. To collect and disseminate information relating to air pollution.

d. To collaborate with the Central Board in organising the training of persons engaged or to be
engaged in programmes relating to prevention, control or abatement of air pollution and to
organise mass-education programmer relating thereto

e. To inspect, at all reasonable times, any control equipment, industrial plant or manufacturing
process and to give by order, such directions to such persons as it may consider necessary to
take steps for the prevention, control or abatement of air pollution.

f. To inspect air pollution control areas at such intervals as it may think necessary, assess the
quality of air therein and take steps for the prevention, control or abatement of air pollution in
such areas.

g. To lay down, in consultation with the Central Board and having regard to the standards for the
quality of air laid down by the Central Board, standards for emission of air pollutants into the
atmosphere from industrial plants and automobiles or for the discharge of any air pollutants
into the atmosphere from any other source whatsoever not being a ship or an aircraft

h. Provided that different standards for emission may be laid down under this clause for
different industrial plants having regard to the quantity and composition of emission of air
pollutants into the atmosphere from such industrial plants.

i. To advise the State Government with respect to the suitability of any premises or location for
carrying on any industry which is likely to cause air pollution.

j. To perform such other functions as may be prescribed or as may, from time to time, be
entrusted to it by the Central Board or the State Government.

k. To do such other things and to perform such other acts as it may think necessary for the
proper discharge of its functions and generally for the purpose of carrying into effect the
purpose of the Act.

In addition to the above functions, the State Board may establish or recognise a laboratory or
laboratories to enable the State Board to perform its above functions efficiently.

UDICIAL MEASURES: PENALTY

The persons managing industry are to be penalized if they produce emissions of air pollutants in
excess of the standards laid down by the State Board. The Board also makes applications to the court
for restraining persons causing air pollution.

Whoever contravenes any of the provision of the Act or any order or direction issued is punishable
with imprisonment for a term which may extend to three months or with a fine of Rs. 10,000 or with
both, and in case of continuing offence with an additional fine which may extend to Rs 5,000 for
every day during which such contravention continues after conviction for the first contravention.

BIBLIOGRAPHY:

1. http://www.yourarticlelibrary.com/law/acts/summary-on-air-prevention-and-control-of-pollution-
act-1981-of-india/30191

2. http://envfor.nic.in/legis/env/env1.html

3. http://ces.iisc.ernet.in/biodiversity/legis/wateract3.htm

4. http://www.indiastudychannel.com/resources/160656-Details-about-Air-Act-1981-to-prevent-and-
control-Air-Pollution.aspx

5. http://envfor.nic.in/division/environment-protection : Ministry of Environment, Forest and Climate

Change, Government of India

6.Commentry on Water and Air Pollution with Environmental Protection Laws: H C Mehta