Enviornment Law

Acid rain is rainfall that has been acidified. 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 i ts many forms. Acid rain can also harm people indirectly. This happens when people eat fish c aught 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.

 Acid rain

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.

EPA-1986 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 af oresaid 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 Environment.Prevention of hazards-to 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). CompanyCompany- 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 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 objectiveProtection of Environment.Improvement of  Environment.Prevention of hazards-to hazards- to human beings and other living creatures including plant and property. In ND Jayal v/s UOI- court held that to that to ensure sustainable development 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 – 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 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 2(e)-defines hazardous substance-hazardous substance-hazardous substance means any substance or preparation which, by reason of its chemical or physicochemical 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 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.Examinationsubstance.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 environmental lab orites.- the government will establish, recognized, for preventing the environmental pollution.Data pollution.Data CollectionCollection- the government  will collect the environmental pollution related data, and publish the same. Preparations of rules. 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 functions.Section 4. 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 BussBuss- In MC Mehta V/s Union of IndiaIndia - 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 e nvironmental protection and improvement. And the court held that citizens informed 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.

Water prevention and Control Act 1974 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 SC 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, beingPrevention 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 procedural safeguardsThe 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 constructions v/s Kakateeya Nagar Corporative housing society ltdIt has been held by the court that there is an absolute liability on the part of those who are engaged in construction work , work , particularly of  multi storeyed structures, not to commit nuisance by letting out  effluent from their drainage system. system . MC Mehta v/s Union of IndiOleum 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 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 PradeshPradesh - 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 t he he 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 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 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 t o do so without any reasonable cause or excuse, he shall be guilty of an offence under this act.

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 wat er(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 POLLUTIONConstitution of CB- Section3Section3- 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- ChairmanChairman- 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. dealing. (1) MembersMembers- a maximum of five officials who are nominated by the central government  to present central government.(max 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 (max 5).Members- a maximum of 3 members nominated by central government to represent the interest  of agriculture fishery or industry or trade .(max .(max 3)Members- two members to represent companies/cor represent  companies/corporations porations owned controlled / managed by the central government. (2) SecretarySecretary - a full time member secretary, possessing qualification knowledge and experience of scientific engineering or management aspect of pollution control.(1) 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. dealing. (1)Members(1)Members- a maximum of five officials who are nominated by the the State government  to present central government.(max government.( max 5).Members – a maximum of  five members who are nominated by the State government not exceeding two shall shall be among the members of the local authorities authorities functions within the sate. (max (max 5).Members- a maximum of 3 members nominated by central government to represent  the interest  of agriculture fishery or industry or trade .(max .(max 3)Members- two members to represent  companies/corporations companies/corporations owned controlled / managed by the central government. (2)Secretary(2)Secretary- a full time member secretary, possessing qualification knowledge and experience of scientific engineering or management aspect  of pollution control.(1)Terms control.(1)Terms of office-A 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 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 c arrying 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. CoordinationCoordination- coordination the activities of  the sate board and resolve the disputes. Assistance 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 b e engaged in programmed for the preventions and control or abatement of water pollution. Awareness programmeorganize 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 standersstanders- 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 for analysis of samples of water from any stream or well or any sewage or trade effluents.

Constitution of State State Board 1974 Section 1717- A State board shell 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 utilizationutilization - 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.laborites.- the board may establish the laboratories.

Preventions and Control of Water pollutions Stream wellwell- 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 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 matterSection 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 wellWhere 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

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 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: 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 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: 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.

  Air Pollution Constitution of board-Chairman: There would be one(1) 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 government. Local Authorities Representatives: Not exceed more than 5, and nominated by state government  and representative of local authorities. Industry Representatives: Representatives: Not exceed more than 3, and nominated by state government and representative of any industry, trade, agriculture. Company Representatives: 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 t otal 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) CoordinationCoordination- 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 standersstanders - 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. 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 from any state.

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 effl uents. 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 a nd wells. h) Method of utilizationutilization- 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.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.

e) f)

state board. 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 r esidential 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 the consent order order relating to  power plant were not complied with and the action could be taken. taken . MC Mehta v/s UOI court SC held that - chlorine gas is dangerous to the lice and public public health, so food and fertilizer industries were imposed stringent conditions to carry on such productions sot that such eventuality may be preventive. preventive. Chaitanya Pulverising Industry v/s Karnataka State Pollution Control BoardThe 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 hospital, school etc. PA systems are not allowed in silence zone. State can authorized to DM or Police Commission for controlling the Silence zone. P l a n n i n g G u i d e l i n e s : P l a n n i n g a u t h o r i t y w i l l t a ke ke i n t o the Noise Pollution consideration before planning any township. PA system allowed in closed area. Case Reference: Dhanlal v/s Dhakur Chitter Sing AIR 1959 MP 240 It laid down certain principle what need to be done Sadashiva v/s Rangapa AIR 1919 Madras 1185 In this case SC held that amounts to actionable nucense Case Laws CHURCH OF GOD (FULL GOSPEL) IN INDIA V. K.K.R. MAJESTIC COLONY W E L F A RE RE A S S O C I A T I O N & O R S [ 2 0 0 0 ] I N S C 4 5 8 ( 3 0 A u g u s t 2 0 0 0 ) Art 25 & 26 Freedom of Religion subject Public Morality, Public order and Public Helth. FORUM, PREVENTION OF ENVN. & SOUND POLLUTION V. UNION OF INDIA & ANR [2005] INSC 616 (28 October 2005) In this case SC laid down certain guideline: Fire Crackers: On comparison of two systems that is the present system of evaluating the fire crackers on the basis of noise level and other where the fire crackers be evaluated on the basis of chemical composition the court  feels that the later method is more practicable and workable in Indian c i r c u m st st a n c e s . A n d i t s h o u l d b e f o l l o w ed ed u n l e s s a n d u n t i l r e p l a c e b y 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. 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 plantSection 21 saysNo 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 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. ComplianceComplianceEvery person to whom consent has been granted by the state board shall comply the following conditions namelya) 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)

better system. The department of explosive may divide the fire cracker into tw o category the (i) sound emitting fire crackers and (ii) Light emitting fire crackers. There shall be complete ban on bursting sound emitting Fire Crackers between 10:00 PM to 6:00 Am, it is not necessary to impose restriction as to time of bursting of color lighting emitting FC. Every manufacture shall on the box of each FC mentioned details of its chemical contains and that it satisfy the requirement as laid down by DOE, in case of failure on the part of manufacture to mention the details or in case where the contents of the box do not match the chemical f o r m u la la a s s t a t e d o n t h e b o x t h e m a n u f a c t u r e m a y b e h e l d l i a b l e . FC for the purpose of export may be manufacture bearing high noise levels subject to the following conditions: Manufacture should be permitted to do so only when he has export  license with him and not otherwise. The noise levels for this FC should confirm to the noise stander prescribed in the country to which they are entitled to be exported as per the export order. The FC should have a different color packing from those intended to be sold in India. T h e y m u s t c a r r y a d e c l a r a t i o n p r i n t e d t h e r e o n s o m e t h in in g l i k e “ N o t f o r sale in India” or only for export to country AB” Loud Speaker The noise level of a boundary of a public place the loud speaker or PA system or any other noise source is being used shall not exceed 10dB above the ambiance noise stander, for the area or 75dB which is lower. No one should beat a drum or blow a trumpet or beat or sound any instrument or used any sound amplifier at night (10:00 PM to 6:00 Am) except in public emergency. The peripheral noise level of privately owned system shall not exceed by more than 5dB then the ambiance air quality stander specified for that area, in which it is used at the boundary of a private place. Vehicle Noise No holt shall be allowed to be used at night in residential area except in special circumstances. Awareness to State Govt.

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 bills1. 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 penalties for c ontravention 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,

4.

Propagation by a person or an institution approved by the Central Government  in this regards.

Protection of specified plantsSection 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 CollectorCollectora) 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 proceedingsa) 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 s anctuarya) 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. Area . National park or centuries, or conservation reserve or community reserves. Specified plant Any 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 ReportsReports - 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 PoliciesPolicies- 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 casesa) 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 b e 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 purposepurpose1. 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 purposesSection 17B 1. Education. 2. Scientific research. 3. Collection, preservation and display in herbarium of any scientific institution.

have been disposed of by State government. 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 Sanctuaryno person other thana) 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 publ ic high way.  A person so long as he resides in the sanctuary be bounda) 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 sanctuaryThe 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 Committeea) Chief wild life warden. b) Member of the state legislat ure 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 l ife. Declaration of National ParkThe 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 thatRenewal of mining lease lease which is in the boundary of any national national park subject to section 2. b)

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 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)

Constitutionall provisions and Environment. Constitutiona

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