THE WATER (PREVENTION
& CONTROL OF POLLUTION) ACT, 1974.
[ACT NO. 6 OF 1974]
This Act was enacted
for prevention and control of water pollution and maintaining or
restoring of wholesomeness of water. The Central and State Pollution
Control Boards have been constituted under section 3 and 4 of the
Act respectively. The Act was amended in 1978 and 1988 to clarify
certain ambiguities and to vest more powers in Pollution Control
Board. Salient items and obligations on the part of industries and
local bodies are:
To obtain prior consent to establish industry
for new discharge U/S 25 of the Act. This is mandatory for every
industry/local body discharging any domestic sewage or trade
effluent into water, stream, well sewer or on land. For this
purpose consent application has to be filed with State Pollution
Control Board (SPCB) in form XIII complete in all respects along
with prescribed consent fee. It is obligatory to provide
additional information sought by The State Board. On receipt of
application, State Board may grant the consent with specific
conditions and date of validity or refuse the consent for reasons
to be recorded in writing.
Once after obtaining the consent to establish
and installing all facilities as communicated by the industry, the
industry shall apply for consent to operate U/S 25 of the Act for
which same form XIII has to be used.
Similar provisions of application and grant of consent exists for
industries discharging the trade/effluent waste prior to enactment
of the Act [U/S 26 of the Act].
On expiry of period of 4 months of filing an
application completed in all respects consent shall be deemed to
be given unconditionally unless consent is granted or refuse
earlier. This will not hold however, if application is not
complete or State Board raises any query. which remain unanswered,
in which case the period extends from the date of submission of
additional information i.e. complete information.
STATE BOARD :
information: On construction, installation or disposal system if it
has any relevance to prevention or control of pollution [U/S 20].
Carry out any related work : If any industry fails to take up the
same despite giving specific time bound notice by state Board, for
execution of such work any expenses incurred along with interest may
be recovered from such person or industry as arrears of land revenue
Collect and analyze samples of streams / wells or trade effluent :
in case of trade effluent, in order to have legal validity, person
taking sample should give notice in prescribed form, divide the
sample in two parts and seal if request made by industry in this
behalf. One part of sample is sent to lab recognized by State
Pollution Control Board U/S 17 (2) and second part on request and at
the cost of occupier to the State Lab notified U/s 52 of the Act.
To give direction : State Board has power to give directions to any
person/officer or authority, who will be bound to comply with the
directions. The direction may include direction for
closure/prohibition or regulation of any industry operation or
process or stoppage/regulation of services like electricity, water
etc. The direction should be in writing and shall be (except under
cases of grave injury to environment) followed by opportunity of
being heard through a show cause notice U/S 33- A.
Enter and inspect any place for performing any of the functions of
board or to assess compliance or to examine any plants, records,
documents etc. and seize, if necessary. [U/S 23].
Any person aggrieved
by an order of State Board U/S 25,26,27 (related to consent) can
prefer an appeal U/S 28 within 30 days from date of receipt of the
order. For this appellant has to follow prescribed procedure in the
Rules. The State Govt. has constituted an appellate authority for
Section 41 (1)
(Failure to provide information U/S 20) - Imprisonment up to 3
months fine up to Rs. 10000/= or both, which on continuous failure
may extend up to Rs. 5000/= per day.
Section 41 (2) (failure to abide by direction U/S 32 or 33 A) -
Imprisonment not less than one year and six months but may extend to
six years or fine up to 5000/= per day or both; if failure continues
beyond a year, imprisonment form 2 to 7 years with fine.
Section 42 (disturb facility/giving false information U/S 25or 26) -
from 3 months or Rs. 10000/= or both.
Section 43, (discharge of effluent beyond permissible limits) -
Imprisonment not less than one year and six months but may extend to
six years or and fine and if failure continues beyond 2 years up to
7 years imprisonment.
Section 44 (use of outlet or new outlet for exchange of trade
Consent or establish any new process with out prior contact.
THE AIR (PREVENTION & CONTROL OF POLLUTION) ACT, 1981
This is an
Act to provide for the prevention, control and abatement of air
pollution in the country so as to preserve the quality of air.
Central and State Boards constituted under section 3 and 4 of Water
(Prevention and Control Pollution) Act, 1974 were deemed also as
Central and State Boards for Prevention and Control of Air
Pollution. The salient features of the Act are:
The Act is applicable to whole India.
U/S 19 of the Act. the State Gov. in consultation with SPCB is
vested with power to declare Air Pollution Control Area. in which
provisions of the Act shall be applicable. Presently entire Uttar
Pradesh has been declared pollution control area.
As per provisions in Sec. 21 (1) & (2), no person can establish or
operate any industrial plant without the previous consent of State
Pollution Control Board. Every application for consent shall be made
in Form-I and shall be accompanied by prescribed fee.
Within a period of four months after the receipt of application, the
Board shall complete the formalities to either grant, or refuse
consent. During the course of processing consent application, Board
may seek any information about the industry after giving notice in
U/S 22, 22 (A) operating any industrial plant so as to cause
emission of any air pollutant in excess of standard laid down by
state Board is liable for litigation by the board.
POWERS OF STATE BOARD
Besides providing consultation to State Government for declaring or
restricting an areas as Air Pollution Control Area, State Board is
vested with following powers :
Power of entry and inspection : Any person empowered by State Board
shall have right to enter the industry premises for determining the
status of pollution control equipment or otherwise nessary for
compliance of the Act, and the person concerned of the industry
shall be bound to render assistance as deemed necessary for ensuring
measures, and carrying out functions laid down in the Act. [U/S 24]
Power to take samples : State Board or any person empowered by it
shall have power to take samples of air or emission from any
chimney, flue or any duct or any other outlet in such manner as may
be prescribed. [U/S 26].
Power to give direction : State Board may issue any direction to any
person, authority including closure, prohibition or regulation of
any industry and can also issue directives for the stoppage or
regulation of supply of electricity. water or any other services.
The direction should however be preceded by proposed directive in
writhing giving opportunity of being heard unless grave injury to
the environment is likely, in which proposed directive may be
avoided [U/S 31 A]
Whoever fails to
comply with the provision of section 21,22 or with direction as per
sec. 31 (A), shall be punishable with minimum imprisonment of one
and half year extending up to 6 years and with fine, in case the
failure continues, an additional fine extending to five thousand
rupees for every day during which such failure continues. The above
terms of imprisonment in extreme case may extend to seven years with
fine [U/S 37].
penalties shall also be meted in following cases :
Tampering with notice of the Board.
Obstructing the act of the person authorized by the Board.
Damaging any work or property of the Board.
Failure to intimate emission of air pollutant in excess of
Making false statement.
aggrieved by an order made by the State board under this act may
appeal within 30 days of receipt of the order. The appeal shall be
made to an appellate authority constituted by State Govt. On receipt
of an appeal, its disposal shall be ensured as expeditiously as
possible. The rules made under the Act, provides procedures for
filing an appeal.
THE ENVIRONMENT (PROTECTION) ACT, 1986
This is an Act
to provide for the protection and improvement of environment and for
matters connected there with. This is a comprehensive umbrella
Salient feature are :
Central Govt. or any officer delegated by it has powers to :
Take measures of protecting and Improving the quality of
environment. (Section - 3)
Laying down environmental standards. (S- 3(2) (iii))
Laying down procedure, safeguards and remedial measures for
accidents. (S- 3(2) (iv))
Laying down procedure and safeguards of handling of hazardous
substances. (S- 3(2) (vii))
Carrying out investigation and research reality to problem of
environment. (S- 3(2) (ix))
Obtaining information. (S- 3(2) (xii))
Entry and inspection etc. (Section 3(2) (x))
Giving directions including direction for closure, prohibition or
regulations of industry/process/operation or stoppage/regulation of
supply of electricity. water or any other service. (Section -5)
Industries to be established in Doon valley area categorised under
Red, Orange & Green category, where Red category is totally
prohibited, orange category industries can come up with permission
of Government when such permission is sought by SPCB while green
category industry can be established in approved industries are of
Doon valley after obtaining "No objection certificate' from the SPCB
without referring the same to the central Govt.
Hazardous wastes (Management & Handling Rules), 1989 (as amended in
2000): Under these rules :
Every occupier and operator of a facility handling hazardous waste
(categories of wastes notified) has to apply and obtain
authorization from State Pollution Control Board and also report
accidents to SPCBs.
Import of hazardous wastes is banned for dumping and disposal.
However, these may be allowed for processing by Ministry of
Environment & Forests, Government of India.
The hazardous waste exporting country has to obtain permission from
central govt. for proposed trans-boundary movement of hazardous
Identification, inventory and study of disposal site is
responsibility of State Govt.
Hazardous chemicals (Manufacture, Storage & Import of hazardous
chemicals) Rules, 1989 : Responsibilities of occupier dealing in
hazardous chemicals (as listed in schedule) or involved in storage
(beyond threshold limits in schedule) include :
Identification of Major Accident Hazards (MAH) & take steps to
prevent such accidents apart form providing information, training &
equipment to dealing persons.
Notify major accidents to concerned authorities.
Isolated storage : Account mentioned in Schedule 2 of Industrial
activity regarding hazardous waste.
Preparation of safety reports/updating such reports
Preparation of on site Emergency Plan.
Preparation of Off - Site Emergency Plan responsibility of chief
inspector of factories.
Import of Hazardous Chemicals: Person responsible for import of
hazardous chemicals shall inform the details of recipient port of
entry, mode of transport quantity and product safety information. He
shall abide by safety communicated.
Biomedical Waste Rules 1998 (as amended) : The rules relate to safe
handling and management of biomedical waste being generated from
hospitals, nursing homes, research institutions, etc. standards for
treatment and disposal has been laid down. Each occupier of a
facility handling these wastes must obtain authorization of State
Pollution Control Board and follow the provisions of the rules. Time
schedule for installation of treatment facilities have to be
Environmental Statement : This is mandatory for every industry,
operation process requiring consent under section 25 of Water Act or
under section 21 of Air Act or both or authorization under Hazardous
Waste Management rules. This is to be submitted in form-V to State
Pollution Control Boards on of before 15th May, of every financial
One special feature of EP Act 1986 is provision of taking cognizance
of offence in court of law by any person after giving notice of 60
days to Central Govt.
Other related rules of EP Act are:
Manufacture Use Import Export and Storage of Genetically Engineered
Micro-organisms or cell.
Scheme of labeling Environment friendly product ('ECOMARK').
Coastal Zones Regulation notifications i.e. to restrict certain
developmental activities along the coastal zone.
THE WATER (PREVENTION
& CONTROL OF POLLUTION) CESS ACT, 1977
This is an Act to
provide for the collection and levy of cess with a view to augment
the resources of Pollution Control Board.
The Act is applicable to all states where Water (Prevention &
Control of Pollution) Act is in force except J & K.
The cess is payable by every person carrying on any industry and
using water for various purposes as prescribed under Schedule - II
of the Act.
The cess is based on water consumption, quality and purpose for
which water is used as below :
Purpose for which water
Rate of Cess under
section 2 of section 3
Rate of Cess sub section 2 a of section 3
|Industrial Cooling Spraying
||.5 Paise per KL
||10 paise per KL
||2 Paise per KL
||3 Paise per KL
|Processing where by water
gets polluted and pollutants are easily biodegradable.
||10 Paise per KL
||20 Paise per KL
|Processing where by water
gets polluted and pollutants are not easily biodegradable.
||15 Paise per KL
||30 Paise per
Every specified industry/local body has to
affix meters for use of water and file cess returns by 5th day of every month in specified
form to State Pollution Control Board.
If is not paid with in the date
prescribed in order, the same may result in imposition of interest (U/S -7)
and penalty (U/S-11) of the Act
Rebate @ 25% of cess is applicable, if
effluent/sewage treatment plant is installed, provided, provision of Water Act. 1974 are
complied and quantity of water used does not exceed the norms specified U/R 6 of cess
Provision of appeal exists for
aggrieved persons to appellate authority, against the order of case Assesment (U/S
6) or Penalty order (U/S-11) of the Act.
PREVENTION AND CONTROL OF ENVIRONMENTAL POLLUTION
Person carrying on any
industry or operation not to discharge/emit any air pollutant beyond
prescribed standard (Section - 7).
Person not to handle any hazardous substance expect in accordance
with prescribed procedure (Section - 8).
Person carrying on any industry is bond to mitigate the
environmental pollution caused due to any accident or un for seen
act and shall inform such occurrence to authorities prescribed this
regard. (Section - 9).
Power and procedure of taking samples of environmental pollutants by
the officers empowered by the central government. (Section - 11).
PENALTY FOR CONTRAVENTION OF THE ACT
Failure to avoid by
the provision of the Act and rules made these under may attract
penal consequences both by way of punishment up to 5 years with five
up to one lakh rupees and in case of continuation of failure with
additional five of rs. five thousand till such failure continues.
(Section - 15).
Court should not take cognizance of offences unless it has been
filled by the control govt. person having given a sixty day prior
notice of his intention to make a complaint, is also competent to
fine a complaint. (Section - 22).
No civil court shall have justification over the matter arising out
of any order, action under this Act and rules. (Section - 22).
ENVIRONMENT IMPACT ASSESSMENT RULES 1994
modernization of any activity which leads to extension of pollution
load or a new project listed in schedule - 1 to the rules shall not
come into operation unless it requires the clearance of the central
THE PUBLIC LIABILITY INSURANCE ACT 1997
This Act has been
enacted for redressed of the person who have been affected by
accident occurring while handling any hazardous substance.
The owner is liable to compensate the person (other that the
workman) who have suffered to death or injury due to any accident.