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The water (Prevention and control of pollution) act, 1974

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Title: The water (Prevention and control of pollution) act, 1974


1
Environmental Protection Laws
  • The water (Prevention and control of pollution)
    act, 1974
  • The air (Prevention and control of pollution)
    act, 1981
  • Wildlife Protection act, 1972
  • The Indian Forest act, 1980
  • The Environment (Protection)act, 1986

2
The water (Prevention and Control of pollution)
act, 1974
  • Introduction-
  • The act aims to prevent and control water
    pollution and to maintain/restore wholesomeness
    of water by establishing central and state
    pollution control board to monitor and enforce
    the regulations.

3
structure
4
Objective
  • Prevention and control of water pollution.
  • Maintaining or restoring the wholesomeness of
    water.
  • Establishment of boards for the prevention and
    control of water pollution.

5
Members
  • 1 Chairman
  • 5 officials
  • 3 non officials
  • 2 persons to represent companies
  • 1 secretary

6
Functions of the central board
  • To promote cleanliness of streams and wells.
  • Advise the central govt.
  • Resolve disputes between states.
  • Providing technical assistance and guiding.
  • Organize comprehensive program.
  • To establish laboratories.

7
Functions of state boards
  • Planning a comprehensive program.
  • Advising the state govt.
  • Conducting investigations and research.
  • Inspecting waste water treatment plants.
  • Prescribing standards for sewage.
  • Establishing laboratories.

8
POWERS
  • Power to obtain information.
  • Power to take samples.
  • Power of entry and inspection.
  • Power on prohibition on disposal of polluting
    matter into a stream or well.

9
The Air (prevention and control of pollution)
act, 1981
  • Introduction-
  • An act to provide for the prevention,
    control and abatement of air pollution, for the
    establishment, with a view to carrying out the
    aforesaid purposes, of boards, for conferring on
    and assigning to such boards powers and functions
    relating thereto and for matters connected
    therewith.

10
(No Transcript)
11
Boards and functions
  • The establishment of the central board and state
    board are exactly same as in the water act.
  • The functions are identical to the functions of
    water act but with a difference that the air act
    aim to control the air pollution whereas the
    water act aim to control the water pollution.

12
POWERS
  • Power to declare Air Pollution Control Areas.
  • Power to establish standards for emission of air
    pollutants from Automobiles.
  • Power to restrict use of certain industrial
    plants.
  • Power of entry and inspection.
  • Power to take samples.

13
WILDLIFE PROTECTION ACT, 1972
  • Introduction-
  • The Wildlife Protection Act, 1972 is
    an Indian legislation enacted by the Parliament
    of India for protection of plants and animal
    species

14
OBJECTIVES
  • To maintain essential ecological processes and
    life supporting systems.
  • To preserve the biodiversity.
  • To ensure a continous use of species i.e.
    protection and conservation of wild life.

15
STRUCTURE
16
MEMBERS OF ADVISORY BOARD
  • Minister incharge of forest in state or U.T.
  • 2 members of the state legislature.
  • Secretary to the state govt.
  • Forest officer incharge of forest deptt.
  • An officer to be nominated by the director.
  • Chief wildlife warden.
  • 5 officer of state govt.
  • 10 person in the opinion of state govt.

17
Duties of Advisory Board
  • Prohibition of hunting and dealing in animal
    articles without license.
  • Protection of specified plants.
  • Declaration of Sanctuary and Restriction on entry
    in Sanctuary.
  • Declaration of National Parks and Closed Areas.

18
POWERS
  • Power of cancellation of License.
  • Power of entry.
  • Power of search.
  • Power of Arrest.
  • Power of Detention.

19
PENALITIES
  • Person violating any provision of this act shall
    be punished with imprisonment for three years or
    fine of Rs. 23000 or both.

20
FOREST CONSERVATION ACT,1980(Passed On Oct 5
1980 Amendments Made in 1988)
21
FOREST (CONSERVATION) ACT, 1980
  • A COMMITMENT OF THE CENTRAL GOVERNMENT FOR THE
    CAUSE OF ENVIRONMENTAL CONSRVATION AND
    SUSTAINABLE DEVELOPMENT.

22
OBJECTIVE
  • Protection of Forests.
  • This Act is an interface between conservation and
    development.
  • Permits judicious and regulated use of forest
    land for non-forestry purposes.

23
INTRODUCTION
  • Indiscriminate and massive diversion of forest
    land for non forestry purposes since
    independence.
  • Approximately 4.3 million hectare of forest land
    diverted during 1950 to 1980 for non forestry
    purposes.
  • The subject forest was brought in the concurrent
    list in 1977.
  • In 1980, the Forest (Conservation) Act was
    enacted for providing a higher level of
    protection to the forests and to regulate
    diversion of forest lands for non forestry
    ?purposes.

24
FC MAIN FEATURES
  • FC ACT, 1980 Prior approval of the Central
    Government is essential for de-reservation of
    forest lands and / or diversion of forest lands
    for non-forestry purposes.
  • It is a Regulatory Act, not prohibitory.
  • The Act is an interface between conservation and
    development.
  • Permits judicious and regulated use of forest
    land for non-forestry purposes.

25
  • Procedure for Forest Clearance -
  • Proposals recommended by the State / UT Govts.
    forwarded to the Central Govt. for approval under
    Section 2 of the Act.
  • Proposals examined by Forest Advisory Committee
    (FAC) constituted under Section 3 of the Act.
  • Decisions taken on the basis of the
    recommendations of the FAC.
  • FC Rules, 2003 prescribe specific time limits for
    ?processing the cases.

26
FOREST ADVISORY COMMITTE
  • FAC is a seven member Committee under the
    chairmanship of DGF SS, MoEF.
  • Three non official members eminent experts in
    forestry and allied disciplines appointed for a
    period of two years.
  • ADGF, MoEF Additional Commissioner (Soil
    Conservation), Ministry of Agriculture.
  • IGF (FC) -- Member Secretary
  • Meeting not less than once a month, generally at
    New Delhi
  • Quorum is Three.

27
Amendments Made In 1988
  • Restriction on the de-reservation of forests
  • Constitution of Advisory Committee
  • Penalty for contravention of the provisions of
    the Act
  • Offences by authorities and Government
    Departments
  • Power to makes rules
  • Saving

28
THE ENVIRONMENT (PROTECTION) ACT, 1986(Passed in
March,1986 came into force on 19 Nov. 1986)
29
ENVIRONMENT
  • It is derived from French word Environner which
    means encircle or surround.
  • All the biological and non-biological entities
    surrounding us include in environment.
  • According to EPA Environment is sum of total
    water, air land, inter-relationship among
    themselves and also with the human beings, other
    living organism and property.

30
THE ENVIORNMENT (PROTECTION) ACT, 1986
  • An act provide for the protection and improvement
    of environment and formatted connected
    therewith-
  • Whereas the decision where taken at the United
    Nations Conference on the Human Environment held
    at Stockholm in June, 1972, in which India
    participated, to take appropriate steps for the
    protection and improvement of the Human
    Environment.

31
  • Department of Environment was established in
    1980. this later become ministry of environment
    and forest.
  • The Environment (Protection) Act 1986 came into
    effect soon after the Bhopal gas tragedy.
  • The Act comes into force on 19 Nov. 1986, the
    birth anniversary of our late Prime Minister Mrs.
    Indira Gandhi, who was a pioneer of environmental
    protection issues in our country.

32
OBJECTIVE
  • To implement the decisions made at the U.N.
    Conference on the Human Environment held at
    Stockholm in June, 1972.
  • To co-ordinate activities of the various
    regulatory agencies under the existing laws and
    creation of an authority or authorities for
    environment protection.
  • To provide for deterrent punishment to those who
    endanger human environment, safety and health.
  • To ensure sustainable development is also one of
    the goals of the EPA,1986. If the act is not
    armed with the powers to ensure sustainable
    development, it will become a barren shell.

33
  • To enact general law on environmental protection
    which could cover uncovered gaps in the areas of
    major environmental hazards as the existing laws
    generally focused on specific types of pollution
    or on specific categories of hazardous substances
    and some major areas of environmental were not
    covered.
  • In short, the EPA, 1986 aims at protecting and
    improving the environment and prevention of
    hazards to human beings, other living creatures,
    plant and property

34
SCHEME OF ACT
  • The Environmental act, 1986 has 26 sections and
    it has been divided into four chapters
    relating to
  • Preliminary.
  • General powers of the central government.
  • Prevention, control and abatement of
    Environmental pollution.
  • Miscellaneous.

35
PRELIMINARY
  • Short title, Extend and Commencement
  • Definitions

36
  • 1. Short titles, Extend and Commencement -
  • The Environment Protection Act (1986) Enacted
    under article 253 of the Indian constitution. To
    protect and improve environmental quality,
    control and reduce pollution from all sources.
  • This Act may be called the Environment
    (Protection)Act, 1986.
  • It extends to the whole of India.
  • It shall come into force on such date as the
    Central Government may, by notification in the
    Official Gazette, appoint and different dates may
    be appointed for different provisions of this Act
    and for different areas.

37
  • 2. DEFINITIONS -
  • Environment Environment 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,
    microorganisms and property.
  • 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.
  • Environmental Pollution Environmental pollution
    means the presence in the environment of any
    environmental pollutant.

38
  • Handling Handling, in relation to any
    substance, means the manufacture, process,
    treatment, destruction, conversion, offering for
    sale, transfer, or the like of such substance.
  • Hazardous Substance Hazardous substance means
    any substance or preparation which, by reason of
    its chemical or physicochemical properties or
    handling, is likely to cause harm to human
    beings, other living creatures, plants,
    microorganisms, property, or the environment.
  • Occupier Occupier in relation to any factory or
    premises means a person who has control over the
    affairs of the factory or premises and includes,
    in relation to any substance, the person in
    possession of the substance.

39
GENERAL POWERS OF CENTRAL GOVERNMENT
  • To make rules to regulate environmental
    pollution
  • To notify standards and maximum limits of
    pollutants of air, water, and soil for various
    areas and purposes Prohibition and restriction
    on the handling of hazardous substances, and
    location of industries
  • May constitute authority or authorities for the
    purpose of exercising of performing such of the
    powers and functions

40
  • May appoint a person for inspection
  • May issue directions in writing to any officers
    or any authority to comply
  • It empower the government to make rules to
    achieve the object of the Act.
  • Persons carrying on industry, operation etc. not
    to allow emission or discharge of environmental
    pollutants in excess of the standards
  • Persons handling hazardous substances must comply
    with procedural safeguards.

41
PREVENTION, CONTROL AND ABATEMENT OF
ENVIRONMENTAL POLLUTION
  • The Central Government has the power to take all
    such measures as it deems necessary for the
    purpose of protecting and improving the quality
    of environment and preventing, controlling and
    abating environmental pollution. Such measures
    may include-
  • Co-ordination of actions by the State Government
    officers and other authorities under this act or
    under any law.
  • Planning and execution of nation- wide programmes
    for the prevention, control and abatement of
    environmental pollution.
  • Laying down standards for the quality of
    environment in the various aspects.

42
  • Laying down standards for the emission or
    discharge of environmental pollutants.
  • Restriction of areas in which any industry,
    operation or process shall be carried out.
  • Laying down procedures and safeguards for
    handling of hazardous substances.
  • Examination of manufacturing processes, materials
    and substances which are likely to cause
    environmental protection.
  • Carrying out and sponsoring investigations and
    research relating to problems of environmental
    pollution.
  • Establishment and recognition of environmental
    laboratories.

43
  • Such other matters as the Central Government may
    deem necessary of the purposes of securing
    effective implementation of this Act.
  • The Central Government may constitute an
    authority or authorities" to exercise powers
    and perform functions as mentioned above.

44
CONCLUSIONS
In conclusion, environment pollution are
affecting not only individual but also entire
countries all over the world. The awareness
towards improving the quality of environment has
increased substantially and all efforts are being
made at different levels to minimize
environmental pollution and thus help in
improving the quality of life. Management of
environment means the proper utilization,
conservation preservation, control and recycling
of the resources for maintaining a balanced
ecosystems. The main focus of environment
management is, thus, to avoid the over-use,
misuse and abuse of the natural resources
45
  • The effective environmental management is the
    optimum allocation of finite resources among the
    various possible uses and it has to be based on
    scientific and technological approach which takes
    full note of socioeconomic parameters and
    compulsions.
  • Environmental management is an interdisciplinary
    approach to resource conservation and it acts as
    a regulatory force on human wantonness in
    resource wasting.
  • In India the Twelfth Five Year Plan has
    emphasized the need for sound environmental
    management which includes environmental planning,
    protection, monitoring, assessment, research,
    education, and conservation as major guiding
    factors for national development.

46
  • Environmental pollution is a world-wide
    phenomenon therefore, there is a need to have a
    coordinated administrative structure from
    international level to national levels so that
    the environmental problems may be tackled in a
    coordinated and co-operative way.
  • India is a soft State . It has excellent
    environmental laws, but politics and/or
    corruption prevent their effective
    implementation. The result has been disastrous
    for our environment and hence for the economy
    too, as we are now seeing.

47
NATURE HAS EVERY THING FOR EVERY BODYS NEED,
BUT NOT ENOUGH FOR ONE MANS GREED
48
THANK YOU
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