Acid rain Acid rain is rainfall that has been acidified.
EPA-1986
Rain is acidified by oxides of sulfur and nitrogen. Acid
rain usually has a pH of less than 5.6. Acid rain is
formed when pollutants called oxides of sulfur and
nitrogen, contained in power plant smoke, factory
smoke, and car exhaust, react with the moisture in
the atmosphere. Dry deposition, such as soot and
ash, sleet, hail, snow, smog and low level ozone are
forms that acid rain can take, despite its name.
Causes Acid rain can be caused by many things.
Industrial emissions from factories and power plants
that burn fuels such as natural gas, coal or oil, emit
smoke that gives off oxides of sulfur and nitrogen is
one cause. Another cause is vehicles (e.g. cars, buses)
that burn gasoline and diesel. The exhaust emitted by
burning these fuels contains sulfur dioxide, an oxide
of sulfur. Also, vehicles that have gas engines will
produce oxides of nitrogen, another cause of acid
rain. One other cause is home fires giving off smoke
that contains sulfur dioxide. Some fairly minor causes
are natural causes which are volcanoes, swamps and
rotting plants giving off sulfur dioxide. Natural causes
only account for 10% of the pollution causing acid
rain. Effects and Problems There are many problems
and effects caused by acid rain. Acid rain can cause
buildings, statues and bridges to deteriorate faster
than usual. Another problem is it harms thousands of
lakes, rivers, and streams worldwide. It disrupts lake
ecosystems and kill wildlife in affected lakes, rivers
and streams. Acid rain also damages soil and the tree
roots in it. When soil is acidified, tree roots are
damaged, leaving them not able to draw in enough
nutrients to support the tree. When acid rain falls on
trees, it makes their leaves turn brownish-yellow and
the tree can no longer carry out photosynthesis
properly. Another problem is it will harm people
when they breathe in smog, acid rain in one of its
many forms. Acid rain can also harm people
indirectly. This happens when people eat fish caught
in affected lakes or rivers. Also, if the water source is
acidic enough, it will react with copper or lead pipes
to harm humans. It also washes aluminum into the
water supply. Birds can be harmed if they live in
affected waters or feed on fish living in affected
waters.
Possible Solutions There are many possible solutions to the acid rain problem.
One is to use fuels that burn more cleanly. Another solution is to burn coal more
efficiently. Power plant and factory chimneys can be fitted with scrubbers that
release 90-95% sulfur free smoke and also produces sludge from which gypsum,
a building material, can be produced. This problem can also be solved by
enforcing tight emission standards on vehicles that burn gas and diesel. One
other solution is fitting devices such as a catalytic converter into car exhaust
pipes to minimize the amount of sulfur dioxide in car exhaust.
Need for Environmental Protection Law Although there were the existing laws
dealing directly with several environmental matters, which were focus on specific
types of pollutions or on specific categories. There were also existed uncovered
gaps in areas of major environmental hazards. There are inadequate linkages in
handling matters of industrial and environmental safety. Control mechanisms to
guard against slow, insidious build up of hazardous substances, especially new
chemicals in the environment are weak. It was necessary to have the general
legislation for environmental protection.
Emergence of ACT- A-Growing risks of environmental accidents and threat to life
support system. Environmental risks took place in at the UN conference at
Stockholm in June 1972. The Government of India participated in the conference
and strongly voiced the environmental concerns. It was further considered
necessary to implement the decisions aforesaid and –The Environment (Protection)
Act 1986 came into existence. Preamble- Its preamble makes it clear that the EPA
1986 has the following objective- Protection of Environment.Improvement of
Environment.Prevention of hazards-to human beings and other living creatures
including plant and property. In ND Jayal v/s UOI- court held that to ensure
sustainable development is one of the goals of EPA 1986 and it is quite
necessary to guarantee right to life under Art 21. If the act is not armed with
the powers to ensure sustainable development, it will become the barren
shall.
Define Offences of Companies under EPA1986.(2007)S(10). Company- a/c to
section 16- company means anybody corporate, and includes a firm or other
association of individuals and director in relation to a firm, and partner in a
firm. 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 guilt of the offence and shall be liable to
be proceeded against and punished accordingly. The 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. Were an offence under this Act has been committed by
a company and it is proved that the offence 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, manger, secretary or
other office of the company such director, manager, secretary or other office shall
also be deemed to be guilty of that offence and shall be liable to be proceeded
against and punished accordingly. Vicarious criminal liability Municipal
corporation of India v/s Dev Raj- court held that it is well settled principle of law
that vicarious criminal liability cannot be attached unless all the conditions for
binding such liability are proved.
What We Can Do We can do things to help solve the acid rain problem. We can
cut back on car use by walking, cycling, using public transit or carpooling. We
can also help by turning off electrical devices not in use such as lights and
computers.
EPA-1986- Features
Need for Environmental Protection Law Although there were the existing
laws dealing directly with several environmental matters, which were focus
on specific types of pollutions or on specific categories. There were also
existed uncovered gaps in areas of major environmental hazards. There are
inadequate linkages in handling matters of industrial and environmental
safety. Control mechanisms to guard against slow, insidious build up of
hazardous substances, especially new chemicals in the environment are
weak. It was necessary to have the general legislation for environmental
protection.
Emergence of ACT- A-Growing risks of environmental accidents and threat
to life support system. Environmental risks took place in at the UN
conference at Stockholm in June 1972. The Government of India
participated in the conference and strongly voiced the environmental
concerns. It was further considered necessary to implement the decisions
aforesaid and –The Environment (Protection) Act 1986 came into existence.
Preamble- Its preamble makes it clear that the EPA 1986 has the following
objective- Protection of Environment.Improvement of
Environment.Prevention of hazards-to human beings and other living
creatures including plant and property. In ND Jayal v/s UOI- court held
that to ensure sustainable development is one of the goals of EPA 1986
and it is quite necessary to guarantee right to life under Art 21. If the
act is not armed with the powers to ensure sustainable development,
it will become the barren shall.
Section-2(a)- defines environment – environment includes water, air and
land the interrelationship which exists among and between water, air and
land, and human beings, other living creatures, plants micro-organism and
property. Section 2(b)-defines environmental pollutant- environmental
pollutant means any solid, liquid or gaseous substance present in such
concentration as may be, or tend to be, injurious to environment. Section
2(e)-defines hazardous substance-hazardous substance means any
substance or preparation which, by reason 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 the environment.
General Powers of the Central Government. Section 3 under Chapter II
of this Act describe what shall be the power of Central Government for the
purpose of protecting and improving the quality of the Environment and
preventing, controlling and abating environmental pollutions. In MC Mehta
v/s UOI- court held that the CG is empowered to take all such measures as
it deems necessary or expedient for the purpose of protecting and
improving the quality of the environment and preventing, controlling and
abating environment pollution.
Planning and execution of Programme- The CG will plan and execute the national wide
programme for the prevention, control and abetment of environment pollution. Laying
down stander - the CG laying down the standers for the followings- 1. Quality of
Environment and its various aspects.2. Emission or discharge of environmental pollutant
form various source. Demarcation of Area- restrictions of areas in which any
industries, operations or process or class of industries, operations or process shall not
be carried out or carried out subject to certain safeguard. Procedures laying down- CG
will laying down the procedure for preventing the accidents which may caused the
environmental pollution and remedial measure for such accident Procedures for
hazardous substance- CG will lay down the procedure for handing the hazardous
substance.Examination- CG will examine such manufacturing process, materials and
substance which are likely to cause the environment.Research- carrying out and
sponsoring investigations and research relating to problem of environmental pollutions.
Inspections- inspections of any premises, plant, equipment, machinery, manufacturing
or other process to take steps for prevention, control, and abetment of environmental
pollutions. Establishment of environmental laborites.- the government will establish,
recognized, for preventing the environmental pollution.Data Collection- the government
will collect the environmental pollution related data, and publish the same.Preparations
of rules. The government will prepare the manuals, codes or guidelines relating to the
preventions, control, and abetment of environmental pollutions Section 3(3) -
constitute an authority or authorities -the CG may constitute an authority or
authorities under this Act for the purpose of exercising and performing such of the
powers and functions.Section 4. Appointment of officers and their powers and
functions- the CG may appoint officers with such designations as it think fit for the
purpose of this ACT, and may entrust them such of the powers and functions under this
as which deems necessary. Section 5 Powers to give directions. The CG under this ACT
issue direction in writing to any person, officer or any authority and such person, officer
or authority shall be bound to comply with such directions. Approach of Court- CNG
Buss- In MC Mehta V/s Union of India- court held that to protect the health of the
present and future generation and to protect and improve the environment, the non CNG
buses were phased out and ordered for the use of CNG buses. Environmental
awareness- (MC Mehta v/s UOI) A public interest petition were filed seeking direction
from the apex court to create the public awareness towards the environmental protection
and improvement. And the court held that citizens informed is an obligation of the
government. Prohibition to establish industries- in AP Pollution Control v/s MV
Nayadu- court held that State Government can not grant exemption to a specific
industry locate or attempt to locate itself in a area which is prohibited under this
act.

Explain the duties and liabilities of the person carrying on industry,
operation or handling hazardous substance under EPA1986
Section 7- 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 of such standard as may be
prescribed. In MC Mehta v/s UOI- on Pollution of Ganga Water case SC
held that- discharge or emittance or permission to discharge or emit of
any environmental pollutant in excess of standards is strictly prohibited.
The SC has issued the directions to the concerned authorities to control
and prevent the pollutant of Ganga Water at Kanpur. Inter alia, being-
Prevention form the waste gathered at the dairies.
Enlargement of sewers and construction of sewers were absent;
Provision for public latrines to avoid use of open land.
High court not ordinarily staying criminal proceedings in such
matters.
Ensuring that corpses or half cremated bodies are not thrown in the
river.
Allowing that new industries get licenses only after making
provision for treatment of effluents and immediate action against
existing polluting industries.
Central government to include environment as a subject in
educational institutions.
Section8- persons handling hazardous substance to comply with
procedural safeguards-
The position under section 8 is a mandatory requirement as the word
“shall” connotes. Every person who handles or causes to be handles
any hazardous substance defined under section 2(e) of this Act shall
be bound to follow the procedure and observe the safeguard. Ajay
constructions v/s Kakateeya Nagar Corporative housing society ltd-
It has been held by the court that there is an absolute liability on the
part of those who are engaged in construction work, particularly of
multi storeyed structures, not to commit nuisance by letting out
effluent from their drainage system. MC Mehta v/s Union of Indi-
Oleum gas leakage SC held that u/Art 32 of constitution the court is
empowered to award compensation to the environment victim. MC
Mehta v/s UOI- Primary treatment Plant SC held that a tannery which
cannot set up a primary treatment plant cannot be permitted to continue
to be in existence for the adverse effect on the public life at large. Kinkri
Devi v/s State of Himachal Pradesh- Court held that – to ensure the
attainment of the constitutional goal of the protection and improvement
of the natural wealth and environment and of the safeguarding of the
forest, lakes, rivers and wildlife and to protect the people inhabiting the
vulnerable areas form the hazardous consequences of the arbitrary
exercise of granting mining lease and of indiscriminate operation of the
mines on the strength of such leases without property, the court will be
left with effectively by issuing appropriate writs, orders and directions
including the direction as to closure of the mines the operation whereof
is proving to be hazardous and the total prohibitions of the grant or
renewal of mining lease till the government evolves a long term plan
based on a scientific study with a view to regulating the exploitation may
not arise even in those cases where the court’s jurisdiction is invoked if
the administration takes preventive remedial and curative measures
meanwhile. - Direction for insurance of workman MK Sarma v/s BEL
SC held that every workman and officer working in sensitive areas of the
factory must be insured for Rs 1 lakh and Rs 2 lakh respectively apart
from the general insurance policies.
Section 10(2)- every person carrying on any industry, operation or
process or handling any hazardous substance shall be bound to render
all assistance to the person empowered by central government under
sub section (1) of section 10 for carrying out the functions under that sub
section and if he fails to do so without any reasonable cause or excuse, he
shall be guilty of an offence under this act.
Water prevention and Control Act 1974
Object – the object of this Act is to PREVENTION, CONTROL OF WATER POLLUTION AND
CONSTITUTE THE CENTER AND STATE BOARD-Pollution – Section 2(e)- 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(whether directly or indirectly) as may, or is
likely to create a nuisance or render such water harmful or injurious to public health or
safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to
the life and health of animals or plant or of aquatic organisms.
Outlet Section 2(dd)- 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. CENTRAL AND STATE BOARD FOR PREVENTION AND CONTROL OF
WATER POLLUTIONConstitution of CB- Section3- Central government constitute a
central board to be called the Central Pollution Board to exercise the powers conferred
on and perform the functions assigned to that board under this act. Section 3(2). The
central board consist the following members- Chairman- A full time chairman, a person
having special knowledge or practical experience in environmental matters like
protection of environment, having knowledge and experience in administrating
institutions dealing. (1) Members- a maximum of five officials who are nominated by
the central government to present central government.(max 5). Members – a
maximum of five members who are nominated by the central government among the
State Board not exceeding two shall be form those referred in clause (c) of sub clause 2
of clause 4.. (max 5).Members- a maximum of 3 members nominated by central
government to represent the interest of agriculture fishery or industry or trade.(max
3)Members- two members to represent companies/corporations owned controlled /
managed by the central government. (2) Secretary- a full time member secretary,
possessing qualification knowledge and experience of scientific engineering or
management aspect of pollution control.(1)
Section 4 –Constitution of State board Chairman- A full time chairman, a person
having special knowledge or practical experience in environmental matters like
protection of environment, having knowledge and experience in administrating
institutions dealing. (1)Members- a maximum of five officials who are nominated by the
State government to present central government.(max 5).Members – a maximum of
five members who are nominated by the State government not exceeding two shall be
among the members of the local authorities functions within the sate. (max
5).Members- a maximum of 3 members nominated by central government to represent
the interest of agriculture fishery or industry or trade.(max 3)Members- two
members to represent companies/corporations owned controlled / managed by the
central government. (2)Secretary- a full time member secretary, possessing
qualification knowledge and experience of scientific engineering or management aspect
of pollution control.(1)Terms of office-A member of a board other then a member
secretary, shall hold office for a term of 3 years from the date of his nominations.All
member other then the member secretary can resign form their office.Chairman to
Center or State government and members to the Chairman shall submit their
resignation.If any member of a board other then the member secretary vacated his
seat if he absent without reason, from 3 consecutive meeting of the board.
Disqualifications Become insolvent or has suspended payment of his debts or has
compounded with his creditors. Unsound mind, declared by the competent
court.Convicted of an offence. Has directly or indirectly by himself or by any partner, any
share or interest in any firm or company carrying on the business of manufacture, sale or
hire of machinery, plant, equipment, apparatus etc. for the treatment of a sewage or
trade effluents.So abused the post in the interest of general public interest. Meeting of
Board One in every 3 months. Associate member with the board shall have right to
part in the discussion but not right to cast his vote. Section 16 Functions of Central
Board
Object- Main function of the central board shall be to promote cleanliness of
streams and wells in different area of the state. And establish and recognized the
laboritries. Advice- to advice the central government on any matter concerning the
prevention and control of water pollution. Coordination- coordination the activities of
the sate board and resolve the disputes.Assistance- to provide technical assistance and
guidance to the state board, carry out and sponsor investigations and research relating to
problems of water pollution, and preventions, control or abatement or water pollutions.
Training- organizes training of persons engaged or to be engaged in programmed for the
preventions and control or abatement of water pollution. Awareness programme-
organize comprehensive programme regarding the prevention and control of water
pollution through mass media. Also perform the national wide program. Discharge the
functions- perform such of the functions of any State Board as may be specified in
subsection 2 of section 18. Data collection- collect, compile, and publish technical and
statistical data relating to water pollution and measures devised for its effective
preventions. Prepare manuals, codes or guides relating to treatment and disposal of
sewage and trade effluents and disseminate information concerned herewith. Lay down
 the standers- lay down the stander in consultation with the state government
concerned, the slandered for a stream or well, having regard to the quality of water, flow
characteristics of the stream or well and the nature of the use of the water in such stream
or well Perform such functions as may be specified. Establish and recognized the
laboratories- establish or recognized a laboratory or laboratories to enable the board to
perform its functions under this section for analysis of samples of water from any
stream or well or any sewage or trade effluents.

Constitution of State Board 1974 Section 17- A State board shell be

constituted. Planning- to plan a comprehensive program for the prevention,
control or abatement of pollution of streams and wells in the state. Advice- to
advice the state government on any matter concerning the prevention control
or abatement of water pollutions. Research- to increase conduct and
participate investigations and research relating to problems of water pollution
and prevention, control or abatement of water pollution. Training- in
collaboration with the central board organizing the training of persons
engaged or to be engaged in programs relating to prevention, control or
abatement of water pollutions, and organize mass education programme.
Inspections- to inspect sewage or trade effluents, works and plants for the
treatment of sewage and trade effluents and to review plans, specifications or
other data relating to plants set up for the treatment of water, works for the
purification thereof and system for disposal of sewage or trade effluents. Lay
down standard- to lay down annul effluents standards for the sewage and
trade effluents and for the quality of receiving water. Specially taking into
account the minimum fair weather dilution available in that stream and the
tolerance limits of pollution permissible in the water of the stream after
discharges of effluents. Evolve reliable method of treatment- to evolve
economical and reliable methods of treatment of sewage and trade effluents
having regard to the peculiar conditions of soils, climate and water resources
of different regions and more especially the prevailing flow characteristics of
water in streams and wells. Method of utilization- to evolve methods of
utilization of sewage and suitable trade effluents in agriculture. Advice the
government- to advice the state government with respect to the location of
any industry the carrying on which is likely to pollute a stream or well.
Establishment of laborites.- the board may establish the laboratories.
Preventions and Control of Water pollutions
Stream well- Power to survey - the state board or any officer on its behalf , may
make a survey of any area and gauge and keep records of the flow or volume and
other characteristics of any stream or well in such area, and may take steps for
the measurement and recording of the rainfall in such areas or any part thereof
and for the installation and maintenance for those purposes of gauges or other
apparatus and works connected herewith and carry out stream surveys and may
takes such other steps as may be necessary in order to obtain any information
required for the purposes aforesaid. Power to directions A state board may give
direction requiring any person who in its opinion is abstracting water from any
such stream or well in the area in quantities which are substantial in relation to
the flow or volume of that stream or well or is discharging sewage or trade
effluent into any such stream or well Power to entry or inspection- the
purpose of examine any plant , record, documents etc. the board has power to
seizing any such plant, record, documents etc if he has reason to believe that it
may furnish evidence of the commission of an offence punishable under this act.
Prohibition on use of stream or well for disposal of polluting matter-
Section 24- a person shall be guild of a offence if he do the following activities.
No person shall knowingly cause or permit any poisonous, noxious or polluting
matter determined in accordance with such standards as may be laid down by
the state board to enter. Into any stream or well or sewer or land. No person
shall knowingly cause or permit to enter into any stream any other matter which
may tend either directly or in combination with similar matters, to impede the
proper flow of the water of the stream in a manner leading or likely to lead to
substantial aggravation of pollution. Exceptions – no person shall be guilty of
offence under section 24 if he- Constructing improving or maintaining in or
across or on the bank or bed of any stream any building, bridge, weir, dam, sluice,
dock pier, drain or swear or other permanent works which he has to right to
construct, improve or maintain. Depositing any materials on the ban k or in the
bed of any stream for the purpose of reclaiming land or for supporting, repairing
or protecting the bank or bed of such stream provided such materials are not
capable of polluting such stream. Putting into any stream any sand or gravel or
other natural deposit which has flowed from or been deposit by the current such
stream. With the consent of state board. Restrictions on new outlets and new
discharges Section 25- prohibited any new establishment, any industry,
operation or process or any system which is likely to discharge sewage or trade
effluent into a stream or well or sewer or on land, without the consent of the
state board. Emergency powers- stream well Section 32 defines the
emergency measures in case of pollution of streams well-
Where it appears to the board that any poisonous, noxious or polluting matter is
presented in any stream or well or has entered into that stream or well due to
any accident or other unforeseen act or event and board considered that it is
necessary to expedient to take immediate action, it may or reasons to be
recorded in writing carry out such operations as it may consider necessary for all
or any of the following purposes: Removing that matter for such stream or well.
Remedying or mitigating any pollution caused to such stream or well. Issuing
orders immediately restraining or prohibiting the person concern form such
discharge. Penalties Who every fail to comply the direction given under
subsection 2 or sub section 3 of section 20 (power to obtain information).On
conviction be punishable with imprisonment for a term which may extend to
3months or fine of 10,000 or both and additional fine of 5,000/ per day or both.
Who ever fail to comply the direction given under section 32 ( emergency

AIR PREVENTION & CONTROAL OF POLLUTION ACT 1981 Statement
object and reasons with the increasing industrialization and tendency of
majority of industries, which make the acute problem when industrialization
are happen on more densely populated area.The presence in air, beyond the
certain limits of various pollutants discharged through industrial emissions
and from certain human activities. In the UN conference on the Human
Environment held in Stockholm in June 1972, in which Indian participated
decisions were taken to take appropriate stapes for the preservation of the
natural resources of the earth which, among other things, include the
preservation of the quality of air and control of air pollution. The government
has decided to implement these decisions of the said conference in so far as the
preservation of the quality of air and control of air pollutions The Act covers the
two aspect of Air pollution: Prevention: The establishments which came into
force after 1981, which cause the pollution need to be prevented. Remedy: the
establishment which establish before the commencement of this act
(before1981), they will also service but they have to use/set the stander which
controlled the Air Pollution under Air prevention and control of pollution Act
1981, this is the remedial action. Terminology -Air Pollutant (Air
Pollutant): Means any solid, liquid or gaseous substance, including noise
present in the atmosphere in such concentration as may be or tend to be
injurious to human begins or other living creatures or plant or property, or
environment. Note: The work NOISE included in this act through Amendment
Act 1987. Air Pollution: Means the presence in the atmosphere of any Air
pollutant. Central Board: The central pollution control board, under Section 3
of water (Prevention and control of Act 1947). State Board: In relation to
state in which the (water Prevention and control of pollution Act 1974) is
infrared, and the state government is constituted for that state, a state
pollution controlled board under section .4 of that act, the said State board and
second in relation to any other state the state board for the prevention and
control of Air pollution constitute by the state government under section 5 of
this Act. Control equipments: Any apparatus, devise, equipment or system to
control the quality and manner of emission of any pollution includes any
devise use for securing the efficient operation of any industrial plan.
Emission: Any solid or liquid or gaseous substance coming out of any
chimney, duct or any other outfit.Occupier: In relation to any factory or
premises means the person who has control over the affair of the factory of the
premises and includes in relation to any substance the person in possession of
the factory.
measure incase of pollution). Punishable with imprisonment for term which shall
not be less than one year and six month but which may extend to 6 years and
with fine or both and additional fine of 5,000 per day.
Air Pollution Constitution of board-Chairman: There would be one(1)
chairman for the board, who has the special knowledge of environment along
with practical knowledge. He will be nominated by the State Govt, for full time
or part time. Members of Board: Not exceed more than 5, and nominated by
state government and representative of state government.Local Authorities
Representatives: Not exceed more than 5, and nominated by state government
and representative of local authorities. Industry Representatives: Not exceed
more than 3, and nominated by state government and representative of any
industry, trade, agriculture. Company Representatives: Not exceed more than
3, and nominated by state government and representative of any company or
the corporations owned or controlled or managed by the state. Sectary: he is
the full time member. Total number of Board according to above mentioned
max limit is 17. But the maximum number of total number of board should
not be exceeding to 15.The State board is a legal person:
Disqualifications- Section 8
a) Become insolvent or has suspended payment of his debts or has
compounded with his creditors.
b) Unsound mind, declared by the competent court.
c) Convicted of an offence.
d) Has directly or indirectly by himself or by any partner, any share or
interest in any firm or company carrying on the business of
manufacture, sale or hire of machinery, plant, equipment, apparatus
etc. for the treatment of a sewage or trade effluents.
e) So abused the post in the interest of general public interest.
Meeting of board- once in a every 3 months
a) Advice- to advice the central government on any matter concerning
the prevention and control of water pollution.
b) Coordination- coordination the activities of the sate board and
resolve the disputes.
c) Assistance- to provide technical assistance and guidance to the state
board, carry out and sponsor investigations and research relating to
problems of water pollution, and preventions, control or abatement
or water pollutions.
d) Training- organizes training of persons engaged or to be engaged in
programmed for the preventions and control or abatement of water
pollution.
e) Awareness programme- organize comprehensive programme
regarding the prevention and control of water pollution through mass
media. Also perform the national wide program.
f) Discharge the functions- perform such of the functions of any State
Board as may be specified in subsection 2 of section 18.
g) Data collection- collect, compile, and publish technical and statistical
data relating to water pollution and measures devised for its effective
preventions. Prepare manuals, codes or guides relating to treatment
and disposal of sewage and trade effluents and disseminate
information concerned herewith.
h) Lay down the standers- lay down the stander in consultation with
the state government concerned, the slandered for a stream or well,
having regard to the quality of water, flow characteristics of the
stream or well and the nature of the use of the water in such stream

Constitution of State Board
Section 17- A State board shell be constituted.
a) Planning- to plan a comprehensive program for the prevention,
control or abatement of pollution of streams and wells in the
state.
b) Advice- to advice the state government on any matter
concerning the prevention control or abatement of water
pollutions.
c) Research- to increase conduct and participate investigations
and research relating to problems of water pollution and
prevention, control or abatement of water pollution.
d) Training- in collaboration with the central board organizing the
training of persons engaged or to be engaged in programs
relating to prevention, control or abatement of water pollutions,
and organize mass education programme.
e) Inspections- to inspect sewage or trade effluents, works and
plants for the treatment of sewage and trade effluents and to
review plans, specifications or other data relating to plants set
up for the treatment of water, works for the purification thereof
and system for disposal of sewage or trade effluents.
f) Lay down standard- to lay down annul effluents standards for
the sewage and trade effluents and for the quality of receiving
water. Specially taking into account the minimum fair weather
dilution available in that stream and the tolerance limits of
pollution permissible in the water of the stream after discharges
of effluents.
g) Evolve reliable method of treatment- to evolve economical
and reliable methods of treatment of sewage and trade effluents
having regard to the peculiar conditions of soils, climate and
water resources of different regions and more especially the
prevailing flow characteristics of water in streams and wells.
h) Method of utilization- to evolve methods of utilization of
sewage and suitable trade effluents in agriculture.
i) Advice the government- to advice the state government with
respect to the location of any industry the carrying on which is
likely to pollute a stream or well.
j) Establishment of laborites.- the board may establish the
laboratories.
Prevention and control of Air pollutions
Section19-
(2)-The state government may after consultation with the state board –
a) Alter any air pollution area whether by way of extension or
reduction.
or well.
i) Perform such functions as may be specified.
Establish and recognized the laboratories- establish or recognized a
laboratory or laboratories to enable the board to perform its functions under
this section for analysis of samples of water from any state.
e) state board.
f) Such other conditions which state board specified.
Krishna Gopal v/s state of UP- court held that manufacturing of medicines by
installing a boiler in a residential area cause the pollution and it should be remove
in consideration of public health.
MC Mehta v/s UOI court held that- conditions in the consent order relating to
power plant were not complied with and the action could be taken.
MC Mehta v/s UOI court SC held that- chlorine gas is dangerous to the lice and public
health, so food and fertilizer industries were imposed stringent conditions to carry on
such productions sot that such eventuality may be preventive.
Chaitanya Pulverising Industry v/s Karnataka State Pollution Control Board-
The Act are preventive in the case of industries yet to be established and remedial
in case of industry already in existence. The duty of the board to mitigate the
emission of air pollutants and actions may be taken on violations.
Silence Zone: 100 meters area from hosp ital, school et c. PA systems
are not allo wed in si lence zone. St ate can authorized to DM or Police
Commis sion for controlling t he S ilence z one.
Plannin g Gu ide li nes: Planni ng authorit y w ill t ake int o the No ise
Pollution cons ideration bef ore pla nn in g a ny townsh ip .
PA system allo wed i n closed area.
Cas e Reference:
Dhanlal v/s Dhakur Ch it ter S i ng AIR 1959 MP 24 0
It la id dow n certain pr inc iple what need to be done
Sadashiva v/s Rangapa AIR 1 919 Madras 1185
In th is case SC held t hat amo unts to actionable nucense
Cas e Laws
CHURCH OF G OD ( FULL G OS PEL) I N I NDIA V . K.K .R. MAJ ESTI C COL ONY
WELFARE AS S OCI ATION & ORS [200 0] I NSC 458 (30 August 200 0)
Art 25 & 26 Freedom of Reli gion sub ject Public Morality , Publ ic order
and Public
Helth.
FORU M, P REVENTI ON OF ENV N. & S OU ND P OLLUTI ON V . UNI ON OF
INDIA & AN R [20 05] I NSC 61 6 (28 October 2005)
In th is case SC la id do wn cert ain gu idel ine:
Fire Crackers:
On com parison of two syste ms t hat is the present s ys te m of evaluating
the fire crackers on the basis of no ise level an d other where t he fire
crackers be evaluated on th e basis of chemical compos it ion the court
feels that the later method is more practicable an d workable in I nd ian
circumst ances. And it should be followed u nles s and u ntil rep lace by a
 b) Declare a new air pollution control area in which may be
merged one or more existing air pollution control areas or any
part or parts.
c) State government may with consultation of board prohibit any
fuel which may cause the air pollution.
d) State government may with consultation of board prohibit any
application which may cause the air pollution.
e) The sate government may with consultation of board prohibit
any burning other then fuel which may cause the air pollution.
Section 20- Power to give instruction for ensuring standards for
emission from automobiles.
The state government with consultation of board give instructions to the
concern authority in charge of registration of motor vehicles under the
motor vehicle Act. And such authority bound to comply with such
instructions.
Restrictions on use of certain industrial plant-
Section 21 says-
No person shall without the pervious consent of the state board establish
or operate any industrial plant in an air pollution control area.
If any person operating any industry immediately before the
commencement of this act, which no consent was necessary prior to such
commencement, may continue to do so for a period of three months form
such commencement, or he has made a application for such consent within
the said period of three months till the disposal of such application.
If any person immediately before the declaration of any area as an air
pollution control area , operates such industrial plant such person shall
make the application to take the consent of the board, and shall continue
to operate till 3 months till he obtained the consent.
The state board after taking such application reply the person within 4
months in writing with a reason if not granting the consent.
Compliance-
Every person to whom consent has been granted by the state board shall
comply the following conditions namely-
a) Implement of controlled equipment specified by the state board.
b) The existing controlled equipment if any shall be altered for
replaced in accordance with the directions of state board.
c) The controlled equipment keep all time in a good running
conditions.
d) Chimney wherever necessary for such specification given by the
Indian Forest Act 1927
Object- the rapid decline of wild animals and birds in India has been a
cause of grave concern. The laws were mainly related to control of hunting
and do not emphasis the other factors which are also prime reasons for the
decline of Indian’s wild life, namely taxidermy and trade in wild life and
products made thereof. but the central government had no power to make
a law in this regard as the subject matter related to entry 20 of the state
list in the seventh schedule to the constitution namely protection of wild
life animals and birds. Having concern the state government came to the
conclusion that there should a comprehensive legislation which would
provide the protection of wild life. The main object of this bills-
1. Constitute a wild life advisory board for each state.
2. Regulate hunting of wild life and birds.
3. Lay down the procedure for declaring a areas as
Sanctuaries and National park.
4. Regulate possession, acquisition or transfer of or trade in
wild animals , animal articles and trophies and taxidermy.
5. Provides penalties for contravention of the act.
Circus- An establishment, whether stationary or mobile, where animals
are kept or used wholly or mainly for the purpose of performing tricks or
maneuvers.
Habitat- Includes land, water or vegetation which is the natural home of
any wild animal.
Hunting- Killing or poisoning of any wild animal or captive animal and
every attempt to do so.
Capturing, coursing, snaring, trapping, driving or baiting any wild or
captive animal .
Injuring or destroying or taking any part of the body of any such animal or
in case of reptiles, damaging eggs, or disturbing the egg or nest.
Livestock farm animals and includes buffaloes, bulls, bullocks, camel,
cows, donkeys, goats, sheep , horses, mules, yaks, pigs ducks, geese,
bet ter s ys tem.
The department of explosiv e may divide t he fire cracker into two
category the (i) sound emitt ing fire crackers and (ii) L igh t emitting fire
crackers.
There shall be comp lete ban on burst ing sound e mitt ing Fire Crackers
bet ween 10 :00 P M to 6: 00 Am , it is not necessar y to imp ose restr iction
as to t ime of burs ting of color light ing e mittin g FC.
Every manufacture s hall on t he box of each FC me ntioned details of its
chemical contains a nd that i t sat isfy t he requirement as laid down by
DOE, in case of f ailure on the part of manufacture to me nti on the det ails
or in case where t he cont ent s of the box do not match the chem ical
formula as st ated on t he box the ma nuf acture may be held liable .
FC for the pur pose of expor t may be manufact ure bearing high noise
levels sub ject to the follow in g c ond it io ns:
Manufacture should be per mit ted to do so only when he has e xport
license with h im and not ot her wise .
The noise levels for this FC should confir m to the noise st ander
prescribed in the count ry to wh ich they are ent itled to b e exported as
per the export order.
The FC should have a d if ferent color pack ing f rom t hose intended to be
sold in I nd ia.
They must c ar ry a declaration pri nt ed there on s ometh ing l ike “ Not for
sale in Ind ia” or only for export to countr y AB”
Loud S peaker
The noise level of a boundar y of a publ ic place the loud speaker or PA
system or any other no ise s ource is be ing used shall not exceed 10 dB
above the ambia nce no ise sta nder , f or the area or 75 dB wh ich is lower.
No one should beat a drum or blow a trumpet or beat or sound any
instru ment or used any s oun d am pl ifier at n ight ( 10 :00 PM to 6 :0 0 A m)
except in publ ic emergency .
The per ipheral no ise level o f pr ivately o wned system s hall not exceed
by more tha n 5dB then the ambiance air quality stan der specif ied for
that area, i n which it is used at the boundary of a private place.
Vehicle No ise
No holt shall be a llo wed to b e used at n ight in reside ntial area except in
special circums tances.
Awareness t o State Govt.
4. Propagation by a person or an institution approved by the Central Government
in this regards.
Protection of specified plants-
Section 17A- no person shall
1. Willfully pick, uproot, damage, destroy acquire or collect any specified plant.
2. Possess, sell, offer for sale, or transfer by way of gift, whether live or dad, part
or derivative.
Grant permission for
1. Education.
2. Scientific research.
3. Collection, preservation and display in any scientific institution.
Section 18- declaration of Sanctuary
The state government may- declare its intention to constitute any area other than an
area comprised within any reserve forest or the territorial waters as a sanctuary.
Rights or claim settlement within 2 months of declarations.
Section 21-Proclamation by Collector-
a) The collector specify as nearly as possible, the situation and the limits of the
sanctuary.
b) The collector settles any claiming any right within two months of proclamation.
Section 25 Acquisition proceedings-
a) The collector proceeding under the Land Acquisition Act 1894.
b) The claimant appear before him for any claiming right.
c) If the claimant not accepted the award provided by collector, he shall be entitle
to proceed to claim relief.
d) The collector with the consent of claimant or court, may award compensation
in land or money.
e) In the case of stoppage of a public common way pasture, the collector may
provide the alternative public way.
Section 26A Declaration of area as sanctuary-
a) A notification has been issued under section 18, and the period for claim has
been elapsed, any claim related to any land intended to declared as a sanctuary,
poultry and their young bu does not include any animal specified in
scheduled I to IV. Protected Area. National park or centuries, or
conservation reserve or community reserves.
Specified plant Any plant specified in scheduled VI.
Zoo an establishment whether stationery or mobile where captive animals
are kept for exhibition to the public.
Section 5A-Constitution of National Board of Wild Life.
Functions of the national board.
a) Framing Policies- framing policies and advising CG on the ways
and means for promoting W Life, conservation and effectively
controlling poaching and illegal trade.
b) Recommendation – of setting up national parks, sanctuaries
and other protected area and matter relating to restriction of
activities on those areas.
c) Assessment- various projects and activities on wild life and its
habitat.
d) Publishing Reports- once in two year on wild life in the
country.
Duties of State Board for wild life.
a) Recommendations- management and selection of areas to be
declared as protected area.
b) Framing Policies- framing policy for protection and
conservation of wild life.
c) Maintain harmonious relation- measure to be taken for
harmonizing the needs of the tribal and other dwellers of the
forest with the protection and conservation of wild life.
Hunting of Wild life Animal permitted in certain cases-
a) The chief wild life warden may, if he satisfied that any wild
animal specified in schedule I become dangerous to human
life or is so disabled or diseased as to be beyond recovery.
b) Capture animal shall be kept in capture unless the chief wild life
warden satisfied that such animal cannot be rehabilitated in
wild.
c) In Self defense.
Section 12- Grant of permission for special purpose-
1. Education.
2. Scientific research.
3. Scientific management.
4. Translocation of wild animal for any suitable habitat.
5. Population of wild life, without killing, poisoning or destroying
any wild life.
6. For recognize zoo.
7. Snake venom for life saving drugs.
Permission of specified plant for special purposes-
Section 17B
1. Education.
2. Scientific research.
3. Collection, preservation and display in herbarium of any
scientific institution.
have been disposed of by State government.
b) Any area comprised with any reserved forest or territorial water which state
government may think fit for wild life environment it may be included in the
sanctuary.
Section 27 restriction on entry in Sanctuary-
no person other than-
a) A public servant on duty.
b) A person who has been permitted by chief wild life warden or the authorized
office to reside within the limits of the sanctuary.
c) A person who has any right over immovable property within the limits of the
sanctuary.
d) A person passing through the sanctuary along a public high way.
A person so long as he resides in the sanctuary be bound-
a) To prevent any offence in the sanctuary against this Act.
b) To help in discovering and arresting the offender.
c) Extinguish any fire in the vicinity of such sanctuary.
d) Assist the officer who are responsible to prevent any office in the sanctuary.
Section 32- Control of sanctuary-
The Chief Wild Life warden shall be the authority to control, manage, and maintain the
sanctuary subject to
a) He may construct such roads, bridges, buildings, fences or barrier gets etc as he
may think necessary for the safety of sanctuary.
b) Shall take such steps which ensure the security of wild life animals.
c) May take such measures which may improve the habitat of wild life.
d) May regulate, prohibit, live stock in the interest of wild life.
Section 33B- Advisory Committee-
a) Chief wild life warden.
b) Member of the state legislature within whose constituency the sanctuary.
c) 3 representative of panchayati institution.
d) 2 representative of nongovernmental organization.
e) 3 individual active in the field of wild life conservation.
The committee shall render the advice of better conservation of wild life.
Declaration of National Park-
The state government constituted as a National park for the purpose of protecting,
propagating or developing wild life or its environment.
No alteration of the boundaries of a National park by the State Government shall
be made except on a recommendation of the National Boar.
In KM Chinnappa V/s UOI- court held that-
Renewal of mining lease which is in the boundary of any national park subject to
section 2.
INDIAN FOREST ACT 1927

Q-What are the protected forests? State the power of state government to make rules for
protected forest. (2009)

Q-define reserve forest. What acts are prohibited in such forest? (2008).

Q-what are the special purpose for protection of forest (2008)VS.

Q-what are the provisions are laid down in the Indian Forest Act 1927. Regarding reserve
forest (2007)S.

Q-define protected forest. How did they differ from reserve forests? What are the rules laid
down by state government to regulate measure of protected forest.(2007).

Wild life (protection) Act 1972.

Q-how is protection of specified plants made under wild life protection act 1972.(2009).

Q-define a sanctuary. Who is restricted to enter into a sanctuary?(2008).

Q-what are the authorities appointed under wildlife Act.(2006)

Q-what are the provisions of entry into sanctuary with weapon under wild life Act(2006)VS.

Q-Constituent of state board constituted under section 6 of Wild life act.(2005)

Constitutional provisions and Environment.

Q-India is the first country in the world to provide constitutional protection to the environment.
Comment, citing the constitutional provisions.