Important Environmental Protection Acts in India

The Environment Protection Act, 1986

The Act aims to provide protection and improvement of the environment. There are four main chapters with different clauses under each chapter:

Chapter I: Preliminary

• Definitions of various entities related to the environment.

Chapter II: Powers of the Central Government

• The role of the central government in taking measures for environmental protection.
• Appointment of officers and their powers to give directions.
• Rules to regulate environmental pollution.
• Procedures and standards for industrial waste, emissions, hazardous waste, etc.

Chapter III: Prevention, Control, and Abatement of Environmental Pollution

• Measures for the prevention, control, and reduction of environmental pollution.
• Penalty: Imprisonment for up to five years, a fine of up to one lakh rupees, or an additional fine of Rs 5000 for every day the contravention continues.

Chapter IV: Miscellaneous

• Lists miscellaneous clauses, including guidelines for the functioning and conduct of officers and government representatives.
• These guidelines must be laid before Parliament for their validity.

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

Purpose: To provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water. This act consists of 8 chapters and 64 sections.

Chapter I: Preliminary

This chapter explains the terms such as board, central, state board, member, outlet, sewer, sewage effluent, trade effluent, stream, and pollution.

Chapter II: The Central and State Boards for Prevention and Control of Water Pollution

This chapter elaborates on the constitution of the Central Board, State Boards, and committees. It covers the terms and conditions of service of members, meetings of the board, and the delegation of powers to the chairman, member secretary, officers, and other employees of the board.

Chapter III: Joint Boards

It deals with the constitution, composition, and special provisions of Joint Boards. For example, a Joint Board for the river Cauvery includes officials from Karnataka, Tamil Nadu, and Pondicherry along with the Central Board officials.

Chapter IV: Powers and Functions of Boards

This chapter deals with the functions of the Central Board and State Boards and their powers to give directions to concerned authorities.

Chapter V: Prevention and Control of Water Pollution

It outlines the power of the State Government to collect samples of effluents, analyze them in government laboratories, and publish the results. Based on the results, they may restrict outlets and discharges into streams or wells.

Chapter VI: Funds, Accounts, and Audit

This chapter deals with the maintenance of funds of the Central and State Boards, budgets, annual report submissions, accounts, and auditing.

Chapter VII: Penalties and Procedure

This chapter elaborates on the penalties for offenses committed by companies.

Punishment: Imprisonment for not less than one year and six months, which may extend to six years with a fine. In case of failure, an additional fine of Rs. 5000/- will be imposed for every day. In such cases, the names of the offenders may be published.

Chapter VIII: Miscellaneous

This chapter explains the Central and State Water Laboratories, analysts, reports of the analysts, protection, action in good faith, and the power of the Central and State Governments to formulate rules.

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

As a consequence of the UN Conference on the Human Environment held in June 1972, steps were taken to protect natural amenities. In this context, the Air (Prevention and Control of Pollution) Act was enacted in 1981. The Act consists of 7 chapters and 54 sections:

Chapter I

This chapter defines various terms such as air pollutant, air pollution, approved fuel, automobile, chimney emission, control equipment, etc.

Chapter II

It deals with information regarding the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCB), including their constitutions, terms, and conditions of service of members, and delegation of powers to various officials.

Chapter III

This chapter emphasizes the functions of the central and state boards, such as collecting, compiling, and publishing data regarding air pollution and guiding the concerned industries for effective prevention and control of air pollution.

Chapter IV

This chapter deals with the prevention and control of air pollution. The boards are authorized to declare air pollution control areas, issue instructions regarding emission standards from automobiles, and restrict the activities of certain industries. Industries are not permitted to allow excess pollutants beyond the set standards. In such cases, the board has the power to enter, inspect, collect samples, and analyze reports in state laboratories. Based on these reports, appeals can be made, and violators may be punished.

Chapter V

This chapter addresses the funds, accounts, and auditing of the central and state boards.

Chapter VI

If an industry or individual fails to adhere to the standards, they will be punished. Punishment includes imprisonment for not less than one year and six months, which may extend to six years, along with a fine.

Chapter VII

This chapter covers the power to amend the schedules, the necessity for the state board to maintain a register containing relevant particulars, and the power of the central and state governments to make rules regarding air pollution control.

The Wildlife (Protection) Act, 1972

The Wildlife (Protection) Act, 1972, is a significant piece of legislation in India aimed at the protection of wild animals, birds, and plants. The Act comprises seven chapters and sixty-six sections, each detailing various aspects of wildlife protection and management.

Chapter I: Definitions

This chapter provides definitions for key terms such as habitat, hunting, national park, reserved forest, sanctuary, and more, establishing the fundamental concepts used throughout the Act.

Chapter II: Authorities and Advisory Board

This chapter explains the authorities to be appointed under the Act, the formation of the wildlife advisory board, and its duties. It specifies the roles and responsibilities of various officials and bodies involved in wildlife conservation.

Chapter III: Hunting and Maintenance of Records

This chapter emphasizes the maintenance of records of wild animals killed or captured. It provides details regarding the hunting of wild animals, including regulations for license holders and the conditions under which hunting is permitted or prohibited.

Chapter IV: Sanctuaries and National Parks

This chapter provides guidelines on the establishment and management of sanctuaries, national parks, and game reserves. It includes information on obtaining permission to enter a sanctuary, the designation of prohibited areas, and the powers of district collectors and the central government in maintaining and declaring these areas as national parks and sanctuaries.

Chapter V: Trade and Government Property

This chapter addresses the trade of wild animals and animal products. It explicitly states that any animal killed, captured, or trapped is considered government property. It also details the regulations for the transfer of animals and animal products, aiming to control and monitor the wildlife trade.

Chapter VI: Penalties

This chapter outlines the penalties for offenses under the Act. It specifies that offenders may face up to two years of imprisonment, a fine of Rs. 2000, or both. In cases where offenses are committed within a sanctuary or national park, the penalties are more severe, with imprisonment ranging from a minimum of six months to a maximum of six years, and a fine of no less than Rs. 500.

Chapter VII: Protection and Rule-Making Powers

This chapter provides protection to officers for actions taken in good faith under the Act. It also details the powers granted to the central and state governments to make rules and regulations for the protection of wildlife, ensuring the Act can be effectively implemented and adapted as needed.

Forest (Conservation) Act, 1980

The Forest (Conservation) Act, 1980, aims to conserve forests and maintain the ecological balance by regulating the use of forest land. The main objectives and provisions of the Act include:

• Protection of Forests: The primary goal is to protect all types of forests, which helps maintain the ecosystem and biodiversity.
• Declaration of Forests: The Act empowers state governments to declare reserve forests as unreserved. It restricts the use of forest land for non-forest purposes, meaning any purpose other than afforestation.
• Regulation of Activities: The Act checks operations like mining that can cause ecological imbalance and environmental deterioration.
• Central Government Authority: The central government is authorized to maintain ecological balance in forests, extending from tropical to temperate regions.
• Value of Forests: The Act recognizes forests as valuable ecosystems where trees are the dominant form of vegetation, with plants, animals, and soil playing important roles.

The Act comprises five important sections:

1. Section 1: Short title, extent, and commencement: Provides the title of the Act, its territorial extent, and the date of commencement.
2. Section 2: Restriction on the dereservation of forests or use of forest land for non-forest purposes: Deals with the use of forest land for non-forest purposes with prior central government approval.
3. Section 3: Constitution of Advisory Committee: Explains the constitution and role of the Forest Advisory Committee.
4. Section 3A: Penalties for contravention of the provisions of the Act: Details the penalties for violating the Act, including simple imprisonment of up to 15 days. The authority responsible for the area can also be punished.
5. Section 4: Power to make rules: Explains the power of the central government to make rules regarding forest conservation.