Polution Act

8/11/2019 Polution Act

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16-Sep-14M.V.B.MANAVAR COLLEGE OF PHARMACY-DUMIYANI

1

Prepared by :

Darshna patel

M.Pharm Q.A.) Sem -II

Guided By:

Mrs.Riddhi Madhu

M.Pharm , Ph.d


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CONTENTS:

History

Definitions

Classification of pollution

The Air(prevention and control of pollution)act,1981

The water(prevention and control ofpollution)act,1974

The environment protection act,1986

References

16-Sep-14 M.V.B.MANAVAR COLLEGE OF PHARMACY-DUMIYANI 2


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In the decade of seventy, for the first time the attention of the world

was drawn towards the environment.

In the year 1972 under the auspices of U.N.O. a conference washeld at Stockholm known as Stockholm conference on

Environment and Developmant-1972.

Government of India participated in the conference and stronglyvoiced the environment concerns.

Mrs.Indira Gandhi, THE PRIME MINISTER of India, declared a

remarkable environmental policy for India.


HISTORY:


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With the increasing industrialization the problem of air pollution has

began to be felt in the country.

The presence in air, beyond certain limits of various pollutants dischargedthrough emission and from certain human activities concerned with

traffic, heating use of domestic fuel,refuse,incinerations etc. has a

harmful effect on the health of the people.

Indians realized that the haphazard industrialization and unplanneddevelopment had resulted pollution of air, water and the exhaustion of the

irreparable natural wealth.



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Environmental legislation at present are as follows:

1.The Indian Forests Act,19722. The Atomic Energy Act,1962

3. The Factories Act,19484. The Insecticides Act,1968

5. The wild life (protection) Act,1972

6. The Water (Prevention and Control of Pollution)Act,1974,1977

7. The Forest (Conservation)Act,1980

8. The Air (Prevention and Control of Pollution)Act,19819. The Environment(protection) Act,1986

10. The Motor Vehicles Act,1988

11. The National Environmental Tribunal Act,1995



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DEFINATIONS :

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;

environmental pollutant means any solid, liquid or gaseous

substance present in such concentration as may be, or tend to be,

injurious to environment;

environmental pollution means the presence of any

environmental pollutant in the environment;



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pollution meanssuch contamination of water or such alteration of

the physical, chemical or biological properties of water or suchdischarge of an sewage or trade effluent or of any other liquid, solid

or gaseous substance in to water as may render such harmful or

injurious to public health or safety .

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 beings or other living

creatures or environments.

Air pollution means the presence of any air pollutant in the

atmosphere.


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Classification of pollution:Pollution

By Activity By the object which ispolluted

Natural pollution Artificial pollution Air pollution

depending upon human Water pollution

Earthquakes activity and industrial Food pollution Flood operation Noise pollution

Draught Land pollution

Cyclone



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Air (prevention and control of pollution)

act,1981

In order to prevent and control pollution of air parliament

passed a law in the year 1981 and which came in to force on30-3-1981.The act provide to preserve the quality of air and to

control air pollution.

Amendments were made in this act in the year of 1987,1988.



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CENTRAL AND STATE BOARDS FOR THE

PREVENTION AND CONTROL OF AIR

POLLUTION:The Central Board for the Prevention and Control of

Air Pollution constituted under the Water (prevention

and control of pollution) Act, 1974 shall also exercise

the powers and perform the functions of the CentralBoard for the Prevention and Control of Air Pollution

under this Act.



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Constitution of central board for air pollution control:

(a) A Chairman, having a special knowledge or practical experience

relating to environmental protection, to be nominated by the central

Government.

(b) Officials, not exceeding five to be nominated by the central

Government.(c) Not more than five members to be nominated by the central

Government from amongst the members of the state boards of

whom not exceeding two shall be from amongst the members

representing local authorities within the states.

(d) Two persons to represent the companies or corporation owned,

controlled by central Government to be nominated by the central

Government. .



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Constitution of State board for air pollution control:

(a) A Chairman, having a person having special knowledge or practical

experience relating to environmental protection, to be nominated

by the State Government.

(b) Officials, not exceeding five, as the State Government may think fit,

to be nominated by the State Government to represent that

government.

(c) Such number of persons, not exceeding five to be nominated by the

State Government from amongst the members of the local authorities

functioning within the State.



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(e) Two persons to represent the companies or corporations owned,

controlled or managed by the State Government, to be nominated bythat Government.

The State Government shall ensure that not less than two of the

members are persons having special knowledge or practicalexperience relating to the improvement of the quality of air or the

prevention, control of air pollution.



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Terms and conditions of service of

members(Central and State): A member of a State Board constituted under this Act, other than the

member-secretary, shall hold office for a term of three years from the

date on which his nomination.

A member of a State Board other than the member- secretary, may at

any time resign his office by writing under his hand addressed,-

A) In the case of the Chairman, to the State Government.

B) In any other case, to the Chairman of the State Board.



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Disqualifications:

(1) No person shall be a member of Board who

(a) is of unsound mind and has been so declared by a competent

court,

(b) is, or has been, convicted of an offence which, in the opinion

of the State Government, involves moral baseness.

(c) is, or has been, convicted of an offence under this Act,

(d) has directly or indirectly any share or interest in any Firm or

company carrying on the business of manufacture, sale, or hireof machinery, industrial plant, control equipment or apparatus

for the improvement of the quality of air or for the prevention,

control of air pollution.



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(e) is a director or a secretary, manager or other salaried officer or

employee of any company or firm having any contract with the

Board, or with the Government constituting the Board or with a

local authority in the State, or with a company or corporation

owned, controlled or managed by the Government, for thecarrying out of programmes for the improvement of the quality

of air or for the prevention, control of air pollution.

A member who has been removed because of disqualification,shall not be eligible for renomination as a member.



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FUNCTIONS OF BOARDSFunctions of Central Board:

(a) advise the Central Government on any matter concerning the

improvement of the quality of air and the prevention, control of

air pollution;

(b) plan a nation-wide programme.

(c) co-ordinate the activities of the State Board.

(d) provide technical assistance and guidance to the State

Boards.

(e) plan and organise the training of persons engaged or to be

engaged in programmes.



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(g) its funCollect, Compile and Publish technical and statistical datarelating to air pollution for its effective prevention and control of air

pollution.

(h) Lay down standards for the quality of air.

(i) Collect and Disseminate information in respect of matters relatingto air pollution.

(j) perform such other functions as may be prescribed.

(k)The Central Board may establish or recognise a laboratory orlaboratories to enable the Central Board to perform ctions under thissection efficiently.



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(g) Collect, Compile and Publish technical and statistical data relatingto air pollution for its effective prevention and control of air

pollution.

(h) Lay down standards for the quality of air.

(i) Collect and Disseminate information in respect of matters relatingto air pollution.

(j) Perform such other functions as may be prescribed.

(k)The Central Board may establish or recognise a laboratory orlaboratories to enable the Central Board to perform its functionsunder this section efficiently.



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Functions of State Boards:

(a) To plan a comprehensive programme for the prevention of air

pollution.

(b) To advise the State Government on any matter concerning the

prevention, control 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.

(e) To inspect any control equipment, industrial plant or manufacturing

process and to give order such directions to such persons to take

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(f) To inspect air pollution control areas to assess the quality of air and

take appropriate steps.

(h) 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.

(i) To Perform such other functions as may be prescribed by the Central

Board or the State Government.

(j) A State Board may establish or recognise a laboratory or

laboratories to enable the State Board to perform its functions under

this section efficiently



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PREVENTION AND CONTROL OF AIR

POLLUTION:The act gives the following power:

(1) Power to declare air pollution control areas(A)The State Government may, after consultation with the State Board,

by notification in the Official Gazette declare any area or areaswithin the State as air pollution control area or areas.

(B) The State government may-

(a) alter any air pollution control area whether by way of extensionor reduction.

(b) declare a new air pollution control area in which may be mergedone or more existing air pollution control areas or any part or

parts thereof.



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(2)Power to give instructions for ensuring standards for emission

from automobiles.

(3) Restrictions on use of certain industrial plants.

no person shall, without the previous consent of the State Board,

establish or operate any industrial plant in an air pollution controlarea.

A person operating any industrial plant in any air pollution

control area, immediately before the commencement of section9 of the Air (Prevention and Control of Pollution) Amendment

Act, 1987, for which no consent was necessary prior to such

commencement, may continue to do so for a period of three

months from such commencement


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In order to obtained the consent of the state board application shall

be made in the prescribed form with prescribed fees and shall contain

the particular of the industry.

The state board before granting or refusing to grant permission may

make such enquire as it may deem fit and shall follow such

procedure as may be prescribed.

The state board give or refuse to give his consent in writing within a

period of 4 months from the date of receipt of application.

Where the consent was granted for a period, it may cancel such

consent before the expiry of that period, if the consent were not

fulfilled.



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Every person to whom consent is granted has to comply with thefollowing conditions:

(i) The control equipment of such specifications as the State Board mayapprove shall be installed and operated in the premises.

(ii) The existing control equipment, if any, shall be altered orreplaced in accordance with the directions of the State Board.

(iii) The control equipment shall be kept at all times in goodrunning condition.

(iv) Chimney, wherever necessary, of such specifications as theState Board may approve shall be erected or re-erected in such

premises.

(v) The conditions shall be complied within such period as theState Board may specify.



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(4) Power not to allow emission of air pollutants in excess of thestandard laid down by State Board.

No person operating any industrial plant, in any air pollution controlarea shall discharge or permit to be discharged the emission of anyair pollutant in excess of the standards laid down by the State Board.

(5)Power of Board to make application to court for restrainingperson from causing air pollution.

If emission of any air pollutant, excess of the standards laid down bythe State Board by reason of any person operating an industrial plant

in any air pollution control area, the Board may make an applicationto a court, not inferior to that of a Metropolitan Magistrate or aJudicial Magistrate of the first class for restraining such person fromemitting such air pollutant.



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(6) Power to obtain information:

The State Board or any officer empowered by it may call for any

information ,regarding

Types and level of the air pollutant emitted from the

occupier or any other person carrying on any industry oroperating any control equipment or industrial plant.

The State Board or such officer shall have the right to inspect the

premises where such industry, control equipment or industrial plant is

being carried on or operated.



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(7) Power of entry and inspection:

Any person empowered by a State Board shall have a right to enter,

at all reasonable time, any place:

(a) for the purpose of performing any of the functions of the StateBoard entrusted to him.

(b) for the purpose of determining in what manner, any such

functions are to be performed or whether any provisions of this

Act/rules or any notice, order, direction under this Act is being

or has been complied with.



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(8) Power to take samples of air or emission:

A State Board or any officer, empowered by it shall have power to

take samples for the purpose of analysis, samples of air or emission

from any chimney.

Procedure:

(a) Serve a notice on the occupier or his agent in such form as

may be prescribed of his intention to have it so analysed.

(b) In the presence of the occupier or his agent, collect a sample

of emission for analysis.(c) The sample to be placed in a container or containers which

shall be marked and sealed and shall also be signed both by

the person taking the sample and the occupier or his agent



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STATE AIR LABORATORY:

The State Government may,

(a) Establish one or more State Air Laboratories; or

(b) Specify one or more laboratories or institutes as State Air

Laboratories to carry out the functions entrusted to the State

Air Laboratory under this Act.

The State Government may, after consultation with the State Board,

make rules prescribing-

(a) The functions of the State Air Laboratory(b) The procedure for the submission to the said

Laboratory of samples of air or emission for analysis.

(c) The form of the Laboratory's report



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OFFENCES AND PENALTIES:

Offenses: Penalties:

(1) (a) do not take permission forthe use of certain industrial

plants.

(b)do not comply with thecondition for the use ofindustrial plants.

(c) emission of the pollutantin excess of the standard laiddown.

For First Conviction:

Imprisonment for a period of

18 months, which may be

extended to 6 years with fine.

For Subsequent conviction:

Additional fine may extend to

RS.5000 for every day duringsuch failure continues.



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(2) (a) destroys, pulls down,removes, injures any pillar, post

or stake fixed in the ground orany notice or other matter putup, inscribed or placed by orunder the authority of theBoard or

(b) obstructs any person actingunder the orders or directionsof the Board from exercisinghis powers and performing his

functions or

(c) damages any works orproperty belonging to theBoard

3 months imprisonment

OR fine up to Rs.10,000

OR both



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(3) Contravenes any of theprovision of this act or any

order.

(4) Where an offence has beencommitted by any departmentof government shall be deemed

to guilty.

(5) Where an offence beencommitted by a company, every

person who, at the time the

offence was committed, wasdirectly in charge of, and wasresponsible to, the companyshall be deemed to guilt of theoffense.

(3) 3 months imprisonment OR

fine up to Rs.10,000 OR Both.

(4) Liable to be punished

accordingly.

(5)Liable to be punished

accordingly.



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It shall come into force at once in the States of Assam, Bihar,Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir,

Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and

West Bengal and in the Union Territories, and in any other

State which adopts this Act under clause (1) of article 252 of

the Constitution on the date of such adoption and any reference

in this Act to the commencement of this Act shall, in relation to

any State or Union Territory, means the date on which this Act

comes into force in such State or Union Territory.

Amendments were made in this act in the year of 1978,1988.



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Central and state boards: Same as air pollution control act,1981

Constitution of joint boards:(i)Two or more governments of contiguous state OR

(ii) central government in respect of one or more governments of

state or union territories may enter in to an agreement toconstitute a joint board for such period as specified in the

agreement.



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An agreement to Constitute Joint Board may-

(1) Determine which of the participating state or centergovernment shall exercise and perform several power to thestate government.

(2) Provide for consultation between participating state orbetween the central government and participating state orstates.

(3) Make such incidental and ancillary provision.

The agreement shall be published in the official gazette ofparticipating state



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Prevention and control of water pollution:(1) POWER OF STATE GOVERNMENT TO RESTRICT THE

APPLICATION OF THE ACT TO CERTAIN AREAS.

If the State Government, after consultation with the StateBoard, is of opinion that the provisions of this Act need notapply to the entire State, restrict the application of this Act tosuch area or areas as may be declared as water pollution,

prevention and control area or areas and the provisions of this

Act shall apply only to such area or areas.

(2) POWER TO OBTAIN INFORMATION.



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(3) Powerto take samples of effluents.

A State Board or any officer empowered by it shall have powerto take sample for the purpose of analysis of water from anystream or well or samples of any sewage or trade effluentwhich is passing from any plant or vessel or from or any place

into any such stream or well.

(4) Refusal or withdrawal of consent by state board:

A state Board shall not grant its consent to the bringing in touse of new or altered outlet unless the outlet is so constructedas to comply with any condition imposed by the Board toenable it to exercise its right to take sample of the effluent.



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(5) POWER OF STATE BOARD TO CARRY OUT CERTAIN

WORKS:

If the person fails to execute the work then, after the State

Board may itself execute or cause to be executed such work.

All expenses incurred by the State Board for the execution

together with interest may be recovered by that Board from the

person concerned.



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(6)FURNISHING OF INFORMATION TO STATE BOARD

AND OTHER AGENCIES IN CERTAIN CASES:

If at any place, where any industry, operation or process, or

trade is being carried on, due to accident or event, any

poisonous, noxious or polluting matter is being discharged, or

is likely to be discharged into a stream or well and as a result of

such discharge the water in any stream or well is being

polluted, or is likely to be polluted, then the person in charge of

such place shall intimate the occurrence of such accident to the

State Board.



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(7)EMERGENCY MEASURES IN CASE OF POLLUTION OFSTREAM OR WELL:

In the event of accident or unforeseen act of pollution ofstream or well and Board is of opinion to take immediate actionto-

(a) removing that matter from the stream or well anddisposing it as the Board considers.

(b) remedying or mitigating any pollution caused.

(c) issuing orders prohibiting the persons concerned fromdischarging any poisonous, noxious or polluting

matter



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(8)POWER TO GIVE DIRECTIONS:

(a) The closure, prohibition or regulation of any industry,

operation or process; or

(b) The stoppage or regulation of supply of electricity, water orany other service.



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Central and state water laboratory:Central water laboratory:

central government may, by noticification-

(a) establish a Central Water Laboratory. OR

(b)specify any laboratory or institute as a Central Water

Laboratory, to carry out the functions entrusted to the Central

Water Laboratory under this Act.

The Central Government may, after consultation with the

Central Board, make rules prescribing-



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Conti(a) The functions of the Central Water Laboratory.

(b) The procedure for the submission of samples of water or of

sewage or trade effluent for analysis or tests, the form of the

laboratory's report and the fees payable.

(c) such other matters as may be necessary.



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STATE WATER LABORATORY:

The State Government may, by notification-

(a)establish a State Water Laboratory. OR

(b) specify any laboratory or institute as a State Water Laboratory,to carry out the functions entrusted to the State WaterLaboratory under this Act.

The State Government may, after consultation with the State

Board, make rules prescribing-



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Conti(a) The functions of the State Water Laboratory.

(b) The procedure for the submission of samples of water or of

sewage or trade effluent for analysis or tests, the form of the

laboratory's report and the fees payable.

(c) Such other matters as may be necessary.



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Analysts:

The Central Government may, by notification in the OfficialGazette, appoint such persons as it thinks fit and having the

prescribed qualifications to be government analysts for thepurpose of analysis of samples of water or of sewage or tradeeffluent sent for analysis to any laboratory established or

specified.

Reports of analysts:

The analyst shall analyse the sample and submit a report in theprescribed form in triplicate to the central or state board.



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OFFENCES AND PENALTIES:Offences: Penalties:

(1)(a) Destroys, pulls down,

removes, injures or defaces

any pillar, post or stake

fixed in the ground or any

notice or other matter put

up, inscribed or placed, by

or under Board.

(b) Damages any works or

property belonging to the

Board

Punishable with imprisonmentfor 3 months OR with fine

up to Rs.10,000



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(2) Do not follow the directionfor stoppage or regulation ofsupply of electricity, water orany other services.

(3) A person disposed ofpolluting matter in to the

stream or well.

(2) Punishable withimprisonment for 18 monthswhish may be extend to 6years OR with fine.

If failure continue additionalfine up to Rs.5000 for

everyday.

(3) Punishable withimprisonment for 3monthsOR fine up to Rs.1000 OR

both



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(4) Whoever fails to complywith any order or direction

given under this act.

(5) A person do not provide

information regardingconstruction,, installationor operation of theestablishment or of anydisposal system.

(4) Punishable withimprisonment for 3months

OR fine up to Rs.10,000OR both.

(5) Imprisonment for 18

months whish may beextend to 6 years OR withfine.

If failure continueadditional fine up to

Rs.5000 for everyday.



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(4)To prevent, reduce, minimize and, where practicable, eliminateharm to the environment.

(5) To co-ordinate activities, policies and programmes necessaryto prevent, reduce, minimize or eliminate environmentalharm and ensure effective environmental protection,restoration and Enhancement.

(6) To ensure that all reasonable and practicable measures aretaken to protect, restore and enhance the quality of theenvironment.

(7) To promote industry and community education andinvolvement in decisions about the protection, restoration andenhancement of the environment.



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GENERAL POWERS OF THE CENTRAL

GOVERNMENT:

(1)To take measures to protect and improve environment.-

The Central Government, shall have the power to take all such

measures for the purpose of protecting and improving thequality of the environment and preventing, controlling

environmental pollution.

(2)Appointment of Officers



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(3) Power to give directions:

The Central Government may issue directions in writing to

any person, officer or any authority shall be bound to comply

with such directions

This power to direction shall include:-

(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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(4)Rules to regulate environment pollution:

(a) The standards of quality of air, water or soil for various areas

and purposes.

(b) The maximum allowable limits of concentration of variousenvironmental pollutants for different areas.

(c) The procedures and safeguards for the handling of hazardous

substances.

(d) The procedures and safeguards for the prevention of accidents

which may cause environmental pollution.



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PREVENTION AND CONTROL OF

ENVIRONMENTAL POLLUTION:(1)PREVENTION:

(a) Persons carrying on industry operation, etc, not to allow

emission or discharge of environmental pollutants in excess ofthe standards.

(b) Persons handling hazardous substances to comply with

procedural safeguards.

(c) Furnishing information to authorities in case, where the

discharge of pollutant in excess of prescribed standard.



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(2) CONTROL:

The following provision are important:

(a) Powers of entry and inspection.

(b) Power to take sample and procedure:

The Central Government or any officer empowered by it shall

have power to take sample for the purpose of analysis of air,water, soil or other substance from any factory, premises or

other place.



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Functions of environmental laboratories:

(i)To established standardized methods for sampling and

analysis of various types of environmental pollutants

(ii) To analyze sample.

(iii) To carry out such investigations.

(iv) To send periodical reports.



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Qualification of Government Analyst

(a) Graduate in science from a recognized university with fiveyears experience in laboratory engaged in environmentalinvestigation, testing or analysis; or

(b) post-graduate in science or a graduate in engineering or agraduate in medicine or equivalent with two years experiencein a laboratory engaged in environmental investigations testingor analysis; or

(c) post-graduate in environmental science from a recognizeduniversity with two years experience in a laboratory engagedin environmental investigations, testing or analysis.



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OFFENCES AND PENALTIES:Offences: Penalties:

(1) Contravention of the

provision the act

(1) (a)For 1st conviction

5 years imprisonments OR

fine up to 1 lakh OR both(b) For subsequent conviction

In additional fine up toRs.5000for everyday.

(c) If continue beyond a period

of 1 year

Imprisonments up to 7years



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(2) Offences by companies

(3) Offences by Government

Departments

(2) Responsible person shall be

liable to punishment. but he

would not be punishable if

he proves that the offence

was committed without his

knowledge

(3) Head of department of

government shall liable to

punishment



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REFERENCES:http://www.cpcb.nic.in

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

Pharmaceutical jurisprudence;5thedition, Atul

prakashan,By Dr.G.K. JANI, page no.:309-424



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