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 In the Constitution of India it is clearly stated that it

is the duty of the state to ‘protect and improve the
environment and to safeguard the forests and
wildlife of the country’.
 It imposes a duty on every citizen ‘to protect and
improve the natural environment including forests,
lakes, rivers, and wildlife’.
 Reference to the environment has also been made
in the Directive Principles of State Policy as well as
the Fundamental Rights.

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 The Department of Environment was established in
India in 1980 to ensure a healthy environment for
the country. This later became the Ministry of
Environment and Forests in 1985.
 The constitutional provisions are backed by a
number of laws – acts, rules, and notifications.
 The EPA (Environment Protection Act), 1986 came
into force soon after the Bhopal Gas Tragedy and is
considered an umbrella legislation as it fills many
gaps in the existing laws.
 Thereafter a large number of laws came into
existence as the problems began arising, for
example, Handling and Management of Hazardous
Waste Rules in 1989.

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 An Act to provide for the protection and improvement of
environment and for matters connected there with:
 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;
 AND WHEREAS it is considered necessary further to
implement the decisions aforesaid in so far as they
relate to the protection and improvement of
environment and the prevention of hazards to human
beings, other living creatures, plants and property;

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 BE it enacted by Parliament in the Thirty-seventh Year of
the Republic of India as follows:-
SHORT TITLE, EXTEND AND COMMENCEMENT
1. This Act may be called the Environment
(Protection) Act, 1986.
2. It extends to the whole of India.

3. It shall come into force on such date as the Central

Government may, by notification in the Official
Gazette, appoint and different dates may be
appointed for different provisions of this Act and
for different areas.1

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 In this Act, unless the context otherwise requires,-
a. "environment" includes water, air and land and the
inter- relationship which exists among and between
water, air and land, and human beings, other living
creatures, plants, micro-organism and property;
b. "environmental pollutant" means any solid, liquid
or gaseous substance present in such
concentration as may be, or tend to be, injurious to
environment;
c. "environmental pollution" means the presence in
the environment of any environmental pollutant;

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 Without prejudice to the provisions of sub-section (3) of
section 3, the Central Government may appoint officers
with such designation as it thinks fit for the purposes of
this Act and may entrust to them such of the powers
and functions under this Act as it may deem fit.
 The officers appointed under sub-section (1) shall be
subject to the general control and direction of the
Central Government or, if so directed by that
Government, also of the authority or authorities, if any,
constituted under sub- section (3) of section 3 or of any
other authority or officer.

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 For the avoidance of doubts, it is hereby declared
that the power to issue directions under this
section includes the power to direct-

A. the closure, prohibition or regulation of any

industry, operation or process; or

B. stoppage or regulation of the supply of electricity

or water or any other service.

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1) The Central Government may, by notification in the
Official Gazette, make rules in respect of all or any of
the matters referred to in section 3.
2) In particular, and without prejudice to the generality of
the foregoing power, such rules may provide for all or
any of the following matters, namely:-
a) the standards of quality of air, water or soil
for various areas and purposes;
b)
the maximum allowable limits of
concentration of various environmental
pollutants (including noise) for different
areas;

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C) the procedures and safeguards for the handling of
hazardous substances;
d) the prohibition and restrictions on the handling of
hazardous substances in different areas;
e) the prohibition and restriction on the location of
industries and the carrying on process and operations in
different areas;
f) the procedures and safeguards for the prevention of
accidents which may cause environmental pollution and
for providing for remedial measures for such accidents.

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1) The Central Government15 may, by notification in the
Official Gazette,--
a. establish one or more environmental laboratories;
b. recognize one or more laboratories or institutes as
environmental laboratories to carry out the functions
entrusted to an environmental laboratory under this Act.
2) The Central Government may, by notification in the
Official Gazette, make rules specifying—
a. the functions of the environmental laboratory;
b. the procedure for the submission to the said laboratory of
samples of air, water, soil or other substance for analysis or
tests, the form of the laboratory report thereon and the fees
payable for such report;

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c) such other matters as may be necessary or expedient to
enable that laboratory to carry out its functions.

GOVERNMENT ANALYSTS
 The Central Government may by notification in the
Official Gazette, appoint or recognize such persons as it
thinks fit and having the prescribed qualifications19 to
be Government Analysts for the purpose of analysis of
samples of air, water, soil or other substance sent for
analysis to any environmental laboratory established or
recognized under sub-section (1) of section 12.

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 Any document purporting to be a report signed by
a Government analyst may be used as evidence of
the facts stated therein in any proceeding under
this Act.

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1. 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,
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.

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 Air pollution is the introduction of chemicals,
particulate matter or any biological materials
that cause harm or discomfort to humans and
other living origins and damages the natural
environment.

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 Factories
 Petroleum
 Power Lines
 Pesticides
 Fertilizer Dust
 Mining Operations
 Mills and Plants

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 This act was introduced in the year 1981
 This act provides for the control and

abatement of Air pollution.

 This act is meant for the prevention of air

pollution.
 It also provides for the establishment of

boards with a view to carrying out the

aforesaid purposes.

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 Both central and state pollution boards have
been established for prevention and control
of air pollution.

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 The main function of the central board shall be to
improve the quality of air and to prevent, control
or abate air pollution in the country
 It may advise the central govt on any matter
concerning the improvement of the quality of air
and the prevention & control air pollution
 Co ordinate the activities of the state and resolve
disputes among them
 Organize through mass media a comprehensive
programme regarding the prevention and
control of air pollution

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 Lay down standards for the quality of air
 Collect and disseminate the information

relating to air pollution

 Perform such other functions as may be

required
 The central board my establish or recognize a

laboratory or laboratories to enable the

central board to perform its function under
this section efficiently..

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 obstructs any person acting under the orders or
directions of the Board from exercising his powers
and performing his functions under this Act, or
 damages any works or property belonging to the
Board, or
 fails to furnish to the Board or any officer or other

employee of the Board any information required by

the Board or such officer or other employee for the
purpose of this Act, or
 fails to intimate the occurrence of the emission of

air pollutants into the atmosphere in excess of the

standards laid down by the State Board or

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 the apprehension of such occurrence, to the State Board and
other prescribed authorities or agencies as required under sub-
section (1) of section 23, in giving any information which he is
required to give under this Act,
 makes a statement which is false in any material particular, or
 for the purpose of obtaining any consent under section 21,
makes a statement which is false in any material particular

 shall be punishable with imprisonment for a term

which may extend to three months or with fine which
may extend to 29
[ten thousand rupees] or with both.

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Water pollution Act

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 The Water Act was enacted by Parliament Act,
1974 purpose to provide for the prevention
of control of water pollution and the
maintaining or restoring of wholesomeness of
water.
 As on day, it is applicable in all the states of

India.

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Water pollution occurs when a body of water
is adversely affected due to the addition of
large amounts of materials to the water.
When it is unfit for its intended use, water is
considered polluted.
 Two types of water pollutants exist;

1) Point source
2) Nonpoint source.

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1) Point sources of pollution occur when harmful
substances are emitted directly into a body of
water.
- Pipes and other outfalls are examples of
point- source pollution

2) A nonpoint source delivers pollutants indirectly

through environmental changes. An example of
this type of water pollution is when fertilizer from
a field is carried into a stream by rain, that are
not easily identified, such as runoff from
agricultural lands, construction sites, urban
areas, and even forests.

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 Toxic Substance
 Organic Substance
 Thermal Pollution
 Ecological Pollution

Specific Sources of Water Pollution

 Farming:
 Business:
 Homes:

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Oil Spill Clean-up
Workers use special nets to clean up a California beach
after an oil tanker spill. Tanker spills are an increasing
environmental problem because once oil has spilled, it
is virtually impossible to completely remove or contain
it. Even small amounts spread rapidly across large
areas of water.
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 Spread of disease
 Affects body organs
 Harms the food chain
 Causes algae in water
 Flooding
 Harms animals
 With knowledge, consideration and preparation,
water pollution can be decreased.

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 Conserve water by turning off the tap when running
water is not necessary. This helps prevent water
shortages and reduces the amount of contaminated
water that needs treatment.
 Be careful about what you throw down your sink or
toilet. Don't throw paints, oils or other forms of
litter down the drain.
 Use environmentally household products, such as
washing powder, household cleaning agents and
toiletries.

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 Take great care not to overuse pesticides and
fertilizers. This will prevent runoffs of the material
into nearby water sources.
 By having more plants in your garden you are
preventing fertilizer, pesticides and contaminated
water from running off into nearby water sources.
 Don't throw litter into rivers, lakes or oceans. Help
clean up any litter you see on beaches or in rivers
and lakes, make sure it is safe to collect the litter and
put it in a nearby dustbin.

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 The Water Act was enacted by Parliament Act, 1974
purpose to provide for the prevention of control of
water pollution and the maintaining or restoring of
wholesomeness of water. As on day, it is
applicable in all the states of India. In this act,
unless the context, otherwise requires
 (i) Occupier
(ii) Outlet
(iii) Pollution
(iv) Trade effluent

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The relevant provisions of this and are given as below:
Under Section 19 :
 The entire National Capital Territory of Delhi has been declared as

water pollution prevention control area.

Under Section 21 :
 Officials of DPCC can take samples of the water effluent from any

industry stream or well or sewage sample for the purpose of

analysis.
Under Section 23 :
 Officials of the state boards can enter any premises for the

purpose of examining any plant, record, register etc. or any of the

functions of the Board entrusted to him.
Under Section 24 :
 No person shall discharge any poisonous, noxious or any polluting

matter into any stream, or well or sewer or on land.

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Under Section 25 :
 No person shall without the previous consent to

establish shall

a. Establish or take any step to establish any industry,

operation or process or any treatment and disposal
system for any extension or addition thereto, which is
likely to discharge sewage or trade effluent into a
stream or well or sewer or on land or
b. Bring into use any new or altered outlet for the
discharge of sewage or
c. Begin to make any new discharge of sewage.
Under this section the state board may grant consent
to the industry after satisfying itself on pollution
control measures taken by the unit or refuse such
consent for reasons to be recorded in writing.
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Under Section 27 :
 A state board may from time to time review any condition
imposed by it on the person under section 25 and 26 and
may vary or revoke that condition.
Under Section 28 :
 Any person aggrieved by the order made by the State
Board under Section 25, 26 or section 27 may within thirty
days from the date on which the order is communicated to
hi, prefer an appeal to such authority (referred to as the
appellate authority) as the State Govt. may think fit to
constitute (in case of NCT of Delhi Appellate authority
under this section is Financial Commissioner, Delhi
Administration).
Under Section 33 :
 The State Board can direct any person who is likely to
cause or has cause the pollution of water in street or well
to desist from taking such action as is likely to cause its
pollution or to remove such matters as specified by the
Board through court.

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 Under Section 33A :
DPCC can issue any directions to any person,
officer or authority, and such person, officer or
authority shall be bound to comply with such
directions. The directions includes the power to
direct:-
i) The closure, prohibition of any industry.
ii)Stoppage or regulations of supply of electricity,
water or any other services.

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Under Section 43 :
 Whoever contravenes the provisions of Section 24

shall be punishable with imprisonment for a term

which shall not be less than one year & six months
but which may extend to six years with fine.
Under Section 45 :
 If any who has been convicted of any offence under

section 24, or Section 25 or Section 26 is again found

guilty of an offence involving a contravention of the
same proviso shall be on the second and on every
subsequent conviction be punishable with
imprisonment for a term which shall not less than
two years but which may extend to seven years with
fine.

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Under Section 45A :
 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.

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