LEGISLATIONS

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The need for environment protection was hardly felt in India before the advent of industrialisation in the British period. While industrialisation gave a boost to the economy, with it arose issues concerning environmental pollution and depletion of natural resources.
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This led to the need to regulate and

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four parts

the pre-Independence period; from Independence to the Stockholm Conference (1947-1972); from the Stockholm Conference to the Bhopal disaster (1972-1984); and from the Bhopal disaster till now

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Acts that came prior to Independence

The Shore Nuisance (Bombay-Kalova) Act, 1853. It was enacted to check wastes and marine water pollution. The Oriental Gas Company Act, 1857 and the Bengal Smoke Nuisance Act 1905 were enacted to prevent or reduce atmospheric pollution in and around Calcutta. For preservation of forests, the Cattle 4/14/12 Tresspass Act, 1871 and Indian Forest

Independence - Stockholm Conference

The period between Independence Stockholm Conference, however, saw the introduction of several Acts, which were applicable for the whole of India, such as The Factories Act, 1948; The Prevention of Food Adulteration Act 1954; The Atomic Energy Act, 1962; The Insecticides Act. 1968. The focus was on planned economic growth, employment 4/14/12 generation, balanced regional

The UN Conference on Human Environment held at Stockholm in 1972 exerted a major influence on environmental legislations in India. A National Committee on Environmental Planning and Coordination (NCEPC) was set up in the Department of Science and Technology to make necessary preparations for the conference. 4/14/12

important laws enacted

The Wildlife (Protection) Act, 1972 The Water (Prevention and Control of Pollution) Act, 1974 Forest (Conservation) Act, 1980 The Air (Prevention and Control of Pollution) Act, 1981

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The fourth phase of legislation set in with the Bhopal gas tragedy of 1984.
The Environment (Protection) Act, 1986 The National Environment Tribunal Act, 1995 Bio-medical wastes (Management and Handling) Rules, 1998

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Important environmental legislation

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Important environmental legislation

The Water (Prevention and Control of Pollution) Act, 1974 The Water (Prevention and Control of Pollution) Cess Act, 1977 The Air (Prevention and Control of Pollution) Act, 1981 The Environment (Protection) Act, 1986

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Water (Prevention and Control of Pollution) Act

The first important environmental law enacted by Parliament in 1974 was the Water (Prevention and Control of Pollution) Act. The key feature of this Act was institutionalisation of the regulatory framework for environment. Under the act, the Pollution Control Boards (PCBs) were formed at the Central and State levels and their 4/14/12 responsibilities defined with respect

order to undertake its responsibilities, the pollution control boards at state level

In

To lay down standards for discharge of sewage and trade effluents To obtain any information regarding the construction, installation or operation of an industrial establishment and/or its treatment and disposal system. Take samples of trade effluent for the purpose of analysis in a specified 4/14/12 manner.

The Act gives the PCB powers to apply in the court of law to issue warrants in case of water pollution due to pollutants in a stream or on land. It also has the power to issue directions to stop the operation of an industry or process completely or stop the supply of electricity, water or any other service to industry.
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provisions for the industry to appeal

Powers of CPCB

To advise the Government on any matter concerning the prevention and control of water pollution. To co-ordinate the activities of the State Boards and resolve disputes among them. Compilation and publication of technical and statistical data related to water pollution and control 4/14/12 measures.

The Water (Prevention and Control of Pollution) Cess Act, 1977

This Act was formulated in 1977 with the objective of augmenting the resources of the boards at the state level. It authorised the boards to levy and collect fees as cess for the water consumed by the industry. Industry (schedule 1) has to pay water cess. The cess rates vary 4/14/12 based on the purpose of

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The Air (Prevention and Control of Pollution) Act, 1981

The objective of this Act, is to prevent, control and abate air pollution. For doing so, the Act defines the responsibilities and powers of the board at central and state level. Similar to the Water Act, there is a clear division of powers and functions between the Central Board and State Board. 4/14/12

The function of the State Board ; is to plan a comprehensive programme for the prevention, control and abatement of air pollution. I advise state government on matters related to air pollution and disseminate information relating to 4/14/12 air pollution.

Collect information from industry in case of emission of air pollutants in excess of prescribed standards To enter and inspect any industrial plant, check records, registers or documents at all reasonable times. To obtain any information related with the implementation of the provisions of the Act and
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To take samples of air and emissions

The Environment (Protection) Act, 1986

The Environment (Protection) Act was developed as an umbrella Act empowering the Central Government to take necessary measures to improve the environmental quality in the country. The Act aims to do so by controlling and reducing pollution from all sources. To meet its objective, the Act empowers the Central Government with the 4/14/12 following powers:

Recover expenses incurred on remedial measures to prevent or mitigate environmental pollution from the defaulting industry as arrears of land revenue or of public demand. Collect samples of air, water, soil or other substances from any industrial plant for analysis. Under this Act, industry is required to

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The Hazardous Wastes (Management and Handling) Rules, 1989

A specific Act related to hazardous waste was framed in 1989 with the objective of controlling the generation, collection, treatment, import, storage and handling of hazardous waste. The Act holds the Company or the contractor, responsible for proper handling and disposal of hazardous wastes.
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key features

Restriction in usage and handling of hazardous wastes without prior authorisation from the SPCB. Defining of specific procedures for packaging, labelling and transportation of hazardous wastes. Makes the company responsible for identifying sites for disposal as well as to maintain records of operations 4/14/12 in prescribed manner..

Institutional Framework

The legislative branch of the Government (Parliament) is responsible for the enactment of environmental law and the judiciary for its enforcement in the case of transgression, it is the function of the executive branch (ministries, regional and local authorities) to determine policies and administer environmental law in actual practice.
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The Government of India took a major steps in 1972 when it constituted the National Committee on Environmental Planning and Coordination (NCEPC). Later in 1980, the Government of India established a new Department of Environment on the recommendation of a committee constituted by the Indian Parliament. The Central and State Pollution 4/14/12 Control Boards were set up and

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Ministry of Environment & Forests

In view of the growing importance of environmental affairs, the Government of India set up a Department of Environment in November 1980 under the portfolio of the Prime Minister. The Department, later renamed as the Ministry of Environment and Forests (MoEF) plays a pivotal role in environmental management for 4/14/12 sustained development and for all

Central & State Pollution Control Boards

In addition to thThe CPCB is directly responsible for pollution control throughout the national territory. e control of air, noise and water pollution it is also responsible to ensure effective control on disposal of hazardous wastes and storage and handling of hazardous chemicals and substances.
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Additionally, with the enactment of

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