27-08-2013, 02:06 PM
POLLUTION CONTROL ACTS AND REGULATIONS OF INDIA
POLLUTION CONTROL.pdf (Size: 24.05 KB / Downloads: 83)
In 1976, when the Indian parliament passed the 42nd
amendment to its constitution safeguarding the environment,
it became the first country in the world to do so. The
amendment was to “endeavor to protect and improve the
environment and to safeguard the forests and wild life of
the country.” It imposes a duty on every Indian citizen “to
protect and improve the natural environment including
forests, lakes, rivers, and wild life, and to have
compassion for living creatures.”
According to the Environment Protection Act of 1986,
Environment is that which includes the “inter-relationship
which exists among and between water, air, and land and
human beings, other living creatures, plants, micro-organism
and property.”
Essentially, The Water (Prevention & Control) Act, 1974 can
be considered to be truly the first regulations. It has been
amended many times since then.
Constitution and Authority of the Board
Pollution Boards are to be headed by a Chairman and a few
members who are all appointed. The Chairman as well as the
Board members are appointed by the respective governments.
The members to be appointed to the Boards are to be selected
from various interest groups such as Corporations, Public
Health Engineering, Agriculture, Forestry, Fishery, etc.
Basic purpose of these Boards are to advise their respective
governments on any matter concerning the prevention and
control of pollution in their area of jurisdiction. The
Central Board coordinates as well as oversees al the other
State Boards and their functions.
To implement any environmental pollution control act, the
Board has the power to obtain information “make surveys of
any area and gauge and keep records of the flow of volume...
of the stream.” It has the power to take samples, analyze
any matter from the industry. The Boards also have the
authority to establish or recognize any laboratory for
chemical analytical work.
THE WATER (PREVENTION AND CONTROL OF POLLUTION)
ACT, 1974 AND ITS AMENDMENTS
The purpose of this act is “to provide for the prevention
and control of water pollution and the maintenance or
restoring wholesomeness of water for the establishment, with
a view to carrying out the purpose of aforesaid of Boards
for the prevention and control of water pollution, for
conferring on and assigning to such Boards powers and
functions relating thereto and for matters connected
therewith.” This is the Act that established the Central and
a State Board and also the authority and power to constitute
as many committees as it feels essential to carry out
specific functions for it.
Laboratory
The central as well as the state government can start a lab
to do analysis on samples of water or of sewage or trade
effluents for tests. A fee will be charged for these
services.
The law can also stop or restrain a person from discharging
any pollutant to any stream or well “which is likely to
cause such pollution from so causing.” Imprisonment up to
three months and a fine up to Rs. 10,000 for every day of
violation during which such failure continues after the
conviction for first such offense.
THE ENVIRONMENT (PROTECTION ACT, 1986)
The Act was enacted to “provide for the protection and
improvement of environment and for matters connected
therewith.” this act defined environment which 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-organisms and
property.” It also defined a hazardous substance as “any
substance or preparation which, by reason of its chemical or
physics-chemical properties, or handling, is liable to cause
harm to human beings, other living creatures, plants, micro-
organisms, property or the environment.”
This law enlists general powers of the central government
which included “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 environmental pollution.” The law also included “the
standards of quality of air, water, or soil for various
areas and purposes, the maximum allowable limits of
concentration of various environmental pollutants.