1.

Water Prevention and Control of Pollution Act (1974) of India

The government formulated this act in 1974 to prevent the pollution of water by industrial,
agricultural and household wastewater that can contaminate our water sources. Wastewaters
with high levels of pollutants that enter wetlands, rivers, lakes, wells as well as the sea are
serious health hazards.
Controlling the point sources by monitoring the levels of different pollutants is one way to
prevent pollution, by punishing the polluter. Individuals can also do several things to reduce
water pollution such as using biodegradable chemicals for household use, reducing the use of
pesticides in gardens, and identifying polluting sources at work places and in industrial units
where oil are or other petroleum products and heavy metals are used.
Excessive organic matter, sediments and infecting organism from hospital wastes can also
pollute our water. Citizen needs to develop a watchdog force to inform authorities to
appropriate actions against different types of water pollution. However, preventing pollution
is better than trying to cure the problems it has created, or punishing offenders.
The main objectives of the Water Act are to provide for prevention, control and abatement of
water pollution and the maintenance or restoration of the wholesomeness of water. It is
designed to assess pollution levels and punish polluters. The Central Government and State
Government have set up PCBs to monitor water pollution.
The Water Act, 1974 with certain amendments in 1978 is an extensive legislation with more
than sixty sections for the prevention and control of water pollution. Among other things, the
Act provides for constitution of central and State Boards for preventing water pollution,
power to take water samples and their analysis, discharge of sewage or trade effluents,
appeals, revision, minimum and maximum penalties, publication of names of offenders,
offences by companies and Government departments, cognizance of offences, water
laboratories, analysis etc.
Prevention and control of water pollution is achieved through a permit or ‘consent
administration’ procedure. Discharge of effluents is permitted by obtaining the consent of the
State Water Board, subject to any condition they specify. Any person who fails to comply
with a directive of the State cannot, however, entertain in suit under this Act unless the suit is
brought by, or with the sanction of the State Board.
Water Pollution Cess Act, 1977 According to this Act, anyone consuming water has to pay
certain amount of cess depending on:
1. Whether the industry is using water for industrial cooling, spraying in mine pits or boilers
feed,
2. For domestic purposes.
3. In processing, whereby water gets polluted and pollutants are easily biodegradable.
4. In processing whereby water gets polluted and the pollutants are not easily bio-degradable
and are toxic.
Those industries that had installed a suitable treatment plant for the treatment of industrial
effluents can get a rebate of 70 per cent on the cess payable.

2.Air Prevention and Control of Pollution Act (1981) of India

It is also a comprehensive legislation with more than fifty sections. It makes provisions,
interalia, for Central and State Boards, power to declare pollution control areas, restrictions
on certain industrial units, authority of the Boards to limit emission of air pollutants, power of
entry, inspection, taking samples and analysis, penalties, offences by companies and
Government and cognizance of offences etc.
The Act specifically empowers State Government to designate air pollution areas and to
prescribe the type of fuel to be used in these designated areas. According to this Act, no
person can operate certain types of industries including the asbestos, cement, fertilizer and
petroleum industries without consent of the State Board.
The Board can predicate its consent upon the fulfillment of certain conditions. The Air Act
apparently adopts an industry wide “best available technology” requirement. As in the Water
Act, courts may hear complaints under the Act only at the instigation of, or with the sanction
of, the State Board.
The Government passed this Act in 1981 to clean up our air by controlling pollution. It states
that sources of air pollution such as industry, vehicles, power plants, etc., are not permitted to
release particulate matter, lead, carbon monoxide, sulfur dioxide, nitrogen oxide, volatile
organic compounds (VOCs) or other toxic substances beyond a prescribed level.
To ensure this, Pollution Control Boards (PCBs) have been set up by Government to measure
pollution levels in the atmosphere and at certain sources by testing the air. This is measured
in parts per million or in milligrams or micrograms per cubic meter.
The particulate matter and gases that are released by industry and by cars, buses and two
wheelers is measured by using air-sampling equipment. However, the most important aspect
is for people themselves to appreciate the dangers of air pollution and reduce their own
potential as polluters by seeing that their own vehicles or the industry they work in reduces
levels of emissions.
This Act is created to take appropriate steps for the preservation of the natural resources of
the Earth which among other things includes the preservation of high quality air and ensures
controlling the level of air pollution.
The main objectives of the Act are as follows:
(a) To provide for the prevention, control and abatement of air pollution.
(b) To provide for the establishment of central and State Boards with a view to implement the
Act.
(c) To confer on the Boards the powers to implement the provisions of the Act and assign to
the Boards functions relating to pollution.
Air pollution is more acute in heavily industrialized and urbanized areas, which are also
densely populated. The presence of pollution beyond certain Limits due to various pollutants
discharged through industrial emission is monitored by the PCBs set up in every state.

Powers and Functions of the Boards:

Central Pollution Board:
The main function of the Central Board is to implement legislation created to improve the
quality of air and to prevent and control air pollution in the country.
The-Board advises the Central Government on matters concerning the improvement of air
quality and also coordinates activities, provides technical assistance and guidance to State
Boards and lays down standards for the quality of air. It collects and disseminates
information in respect of matters relating to air pollution and performs functions as
prescribed in the Act.

State Pollution Control Boards:

The State Boards have the power to advise the State Government on any matter concerning
the prevention and control of air pollution. They have the right to inspect at all reasonable
times any control equipment, industrial plant, or manufacturing process and give orders to
take the necessary steps to control pollution.

They are expected to inspect air pollution control areas at intervals or whenever necessary.
They are empowered to provide standards for emissions to be laid down for different
industrial plants with regard to quantity and composition of emission of air pollutants into the
atmosphere.

A State Board may establish or recognize a laboratory to perform this function. The State
Governments have been given powers to declare air pollution control areas after consulting
with the State Board and also give instructions to ensure standards of emission from
automobiles and restriction on use of certain industrial plants.

Penalties:
The persons managing industry are to be penalized if they produce emissions of air pollutants
in excess of the standards laid down by the State Board. The Board also makes applications
to the court for restraining persons causing air pollution.

Whoever contravenes any of the provision of the Act or any order or direction issued is
punishable with imprisonment for a term which may extend to three months or with a fine of
Rs. 10,000 or with both, and in case of continuing offence with an additional fine which may
extend to Rs 5,000 for every day during which such contravention continues after conviction
for the first contravention.

3.Wildlife Protection Act (1972) of India

The Wildlife Act was passed in 1972 to protect the wildlife and their habitats. The habitat
destruction due to agriculture, industries, urbanisation and other human activities had led to
the erosion of the country’s wildlife.
The major activities and provisions in the act can be summed up as follows:
1. It defines the wildlife related terminology.
2. Enactment of an All India Wildlife Protection Act (1972).
3. It provides for the appointment of wildlife advisory Board, Wildlife warden, their powers,
duties etc.
4. Becoming a party to the Convention of International Trade in Endangered Species of
Fauna and Flora (CITES, 1976).
5. Launching a “national component of UNESCO’s ‘Man and Biosphere Programme’ (1971).
6. Under the Act, comprehensive listing of endangered wildlife species was done for the first
time and prohibition of hunting of the endangered species was mentioned.
7. Protection to some endangered plants.
8. The Act provides for setting up of National Parks, Wildlife Sanctuaries etc.
9. The Act provides for the constitution of Central Zoo Authority.
10. There is provision for trade and commerce in some wildlife species with license for sale,
possession, transfer etc.
11. The act imposes a ban on the trade or commerce in scheduled animals.
12. It provides for legal powers to officers and punishment to offenders.
It provides for captive breeding programme for endangered species. Several Conservation
Projects for individual endangered species like Lion (1972), Tiger (1973), Crocodile (1974)
and Brown antlered Deer (1981) were stated under this Act. The Act is adopted by all states
in India except J & K, which has its own Act.
Some of the major drawbacks of the Act include mild penalty to offenders, illegal wildlife
trade in J & K, personal ownership certificate for animal articles like tiger and leopard skins,
no coverage of foreign endangered wildlife, pitiable condition of wildlife in mobile zoos and
little emphasis on protection of plant genetic resources.
4.The Environment Protection Act,1986
The Environment Protection Act was passed in 1986 as a follow-up action just after the
Bhopal Gas Tragedy of 1984.The UN Conference on Human Environment held at Stockholm
in June 1972 also appealed to nation states to enact laws for protection and safeguard of
environment. The objective of this Act is to protect and improve the environment and
prevention of threats to human beings, animals and plants. It aims at safeguarding nature and
natural resources. It is an Umbrella Act which extends to the whole country.
Main Provision of the Act:
The Act extended wide powers to the Central Govt. and States to take necessary steps for
protecting and improving the environment.
1. To coordinate the actions of the State Govts. Offices and authorities relating to
environmental safety.
2. To plan and execute programmers for prevention, control and abetment of
environmental pollution.
3. To impose a check on the emission, radiation and discharge of environmental
pollutants from various sources.
4. To lay down standards for the quality of environment.
5. To determine the area where industries will be set up.
6. To lay down procedures and safeguards for prevention of accident which may cause
environmental pollution.
7. To lay down procedures and safeguards for handling hazardous substances.
8. To inspect plant factories and mines and to give such orders to persons, officers and
authorities for prevention and control of pollution.
9. To collect and disseminate information in respect of matters relating to environmental
pollution.
10. To prepare manuals, codes and guidelines relating to environmental pollution.