1

Environmental Pollution– Environment is the surroundings in which

we live. But the contamination of our environment by pollutants is
environmental pollution. The current stage of the earth that we are
seeing is the cause of centuries of exploitation of earth and its resources.
Moreover, the earth cannot restore its balance because of environmental
pollution. The human force has created and destroyed life on earth.
Human plays a vital role in the degradation of the environment.
Effect of pollution on the health
The environmental pollution, directly and indirectly, affects the lives of
humans and other species. These living beings co-existed on the earth
with human from centuries.
Quick summarywith stories
Effect on Air
Carbon and dust particles string up with the air in the form of
smog, damaging respiratory system, haze, and smoke. These are caused
by the emission of industrial and manufacturing units by burning of
fossil fuels, vehicle combustion of carbon fumes.
Moreover, these factors affect the immune system of birds which
become a carrier of viruses and infections.
Besides, it also affects the body system and body organs.
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Effects on Land, Soil, and Food
Human’s organic and chemical both waste harm the land and soil with
its decomposition. Also, it introduces some chemical in the soil and
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water. Land and soil pollution mainly caused by the use of

pesticides, fertilizers, soil erosion, and crop residues.
Effect on Water
Water gets contaminated easily with any pollutant whether it is human
waste or chemical discharge from factories. Also, we use this water for
irrigation of crops and drinking. But, because of infection they become
contaminated too. Besides, an animal dies because they drink this same
contaminated water.
Moreover, around 80% of pollutants of land such as chemical, industrial
and agricultural waste end up in the water bodies.
Besides, these water bodies ultimately connect to the sea which means it
indirectly pollutes the biodiversity of the sea.
Effect on Food
Because of contaminated soil and water, the crop or agricultural produce
also get toxic. Furthermore, this contaminated food effect our health and
organs. From the beginning of their life, these crops are laced with
chemical components that reach a mass level until the time of harvest.
Effect on Climate
Climate change is also a cause of environmental pollution. Also, it
affects the physical and biological components of the ecosystem.
Moreover, ozone depletion, greenhouse gases, global warming all these
climate changes are a cause of environmental pollution.
Besides, their effect can be fatal for our upcoming generations. The
irregular extreme cold and hot climate affect the ecological system of the
earth.
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Furthermore, some unstable climate changes are earthquakes, famine,

smog, carbon particles, shallow rain or snow, thunderstorms, volcanic
eruption, and avalanches are all because of climate change that happens
all because of environmental pollution.
In conclusion, man has exploited the wealth of nature at the cost of his
and environments health. Also, the effect that is now emerging rapidly is
all because of the activities of humans for hundreds or thousands of
years.
Above all, if we wish to survive and continue our life on earth then we
have to take measures. These measures will help is securing our as well
as our next generation future.
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WHAT IS CLIMATE?
Climate is the pattern of variation in temperature, humidity, atmospheric
pressure, wind, precipitation, atmospheric particle count and other
meteorological variables in a given region over long periods. A region's
climate is generated by the climate system, which has five components:
atmosphere, hydrosphere, cryosphere, lithosphere and biosphere. The
climate of a location is affected by its latitude, terrain, and altitude as
well as nearby water bodies and their currents.
What is Climate Change?
Climate Change is normally known as the variation in global and
regional climates over time. It reflects changes in the variability or
average state of the atmosphere over time scales ranging from decades to
millions of years.
The earth's climate is dynamic and always changing through a natural
cycle. What the world is more worried about today is that the changes
that are occurring today have been speeded up. These changes may be
caused by natural processes, for example continental rift, volcanoes,
ocean currents, the earth's tilt, and comets and meteorites, as also those
which are based on human activities or created by man. It is now well
documented that in global warming happening today, human activities
contribute maximum to its causes.
Climate Change presents to society as a whole a wide range of threats,
and a narrower range of opportunity, on the political, economic and
social level. It also poses questions and challenges for the law. These
legal questions and challenges are relevant not just to the lawyers; but it
affects all members of a society, whether as policy makers, business
people, and campaigners of all hues or individual citizens.
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mented that in global warming happening today, human activities

contribute maximum to its causes.
Climate Change presents to society as a whole a wide range of threats,
and a narrower range of opportunity, on the political, economic and
social level. It also poses questions and challenges for the law. These
legal questions and challenges are relevant not just to the lawyers; but it
affects all members of a society, whether as policy makers, business
people, and campaigners of all hues or individual citizens.
Global Warming
Change in climate and global warming is one of the most serious
challenges mankind has faced having its implications even on realization
of the human rights. Even United Nations Human Right Council once
observed, "Climate change poses immediate and far reaching threat to
people and communities around the world and has implications for
the full enjoyment of human rights".
Global warming is primarily a problem of excessive carbon dioxide in
the atmosphere – atmosphere which acts as a blanket, trapping heat and
warming the planet. As we burn fossil fuels like coal, oil and natural gas
for energy or cut down and burn forests to create pastures and
plantations, carbon accumulates and overloads our atmosphere. Certain
waste management and agricultural practices also aggravate the problem
by releasing other potent global warming gases such as methane emitted
from landfill and other waste dumps, during the process of oil drilling,
coal mining and also from leaking gas pipe lines, and nitrous oxide
emitted from fertilizer applications and leguminous plants such as beans
and pulses.
Global warming is already under way with consequences that we face
today as also shall tomorrow. Evidence of changes to the Earth's
 6

physical, chemical and biological processes is now evident on

everybody. The climate change increases the risk of injury, illness,
deaths from the resulting heat waves, wild fires, intense storms and
flood; the global food production is at risk; the availability of the
precious water commodity, its access and even its quality is threatened;
we are experiencing shift in season cycle and the extreme wet or
extreme dry weather; land ice is shrinking which causes sea level to rise,
endangering coastal communities and the ground water supply, making
the ocean more acidic and thus threatening even the sea life; loss of
natural habitat of the animals is resulting into making the species extinct;
we have been experiencing droughts to floods; and the temperature,
whether of ocean, water or ground is rising. The minimum temperature
in Antarctica is recently reported to be above 00 Celcius and maximum
at about 9.20 Celcius. In short, the impact of global warming is on every
sphere of life. Considering the huge impact of climate change on
mankind, the United Nation referred the year 2009 as the 'Year of
Climate Change'.
India and Climate Change
India is one of the most vulnerable countries to climate change. About
half of India's population is dependent upon agriculture or other climate
sensitive sectors. About 12% of India is flood prone while 16% is
drought prone.
India is now the third largest emitter of greenhouse gases in the world
after China and the United States. India has almost tripled its annual
emission between 1990 and 2009 from less than 600 metric tons to more
than 1700 metric tons. India's annual emissions of carbon oxide are
projected to further increase almost 2.5 times between 2008 to 2035.
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The net greenhouse gas emissions from India with land use, land use
change and forestry in 2007 were 1727.71 million tonnes of carbon
dioxide. While the energy sector constituted 8% of the net carbon
dioxide emissions, industry sector, agriculture and waste sector
constituted 22%, 17% and 3% respectively of the net carbon oxide
emission.
Thus, climate change and energy are now a focus of local, state and
national attention around the world. Though India earlier emphasized
that it being a developing country with historically low per capita
emission rate, it is not responsible for past greenhouse gas emissions,
however, India has now become a key player in international
negotiations and has begun implementing a diverse portfolio of policies,
nationally and within individual states, to improve energy efficiency,
develop clean sources of energy and prepare for the impacts of climate
change.
Causes of environmental degradation
The underlying causes of environmental degradation in India takes
within its fold various social economic and institutional factors. While
the social factors include excessive population, poverty, and unchecked
urbanization, the economic factors include market failures or the non-
existent or poorly functioning markets for environmental goods and
services, and the unprecedented growth in all sectors of the economy
including transport, industries, port and harbour activities etc. without
any corresponding measures to check the resultant environmental
degradation. Various institutional factors like lack of awareness and
poor infrastructure make implementation of most of the laws relating to
environment, extremely difficult and ineffective.
Environmental Laws and Policies
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Even before India's independence in the year 1947, several

environmental legislations existed, but the real impetus for bringing
about a well-developed framework came only after the UN Conference
on the Human Environment (Stockholm, 1972). Under the influence of
this declaration, the National Council for Environmental Policy and
Planning within the Department of Science and Technology was set up
in 1972. This Council later evolved into a full-fledged Ministry of
Environment and Forests (MoEF) in 1985 which today is the apex
administrative body in the country for regulating and ensuring
environmental protection. After the Stockholm Conference, in 1976,
constitutional sanction was given to environmental concerns through the
42nd Amendment, which incorporated them into the Directive Principles
of State Policy and Fundamental Rights and Duties.
Then, what approach should India adopt in formulating policy responses
to climate change, both domestically and internationally? In recent
years, there has been a vibrant debate on this question. Though India
already has several substantive laws for prevention and/or regulation of
any activity that may cause climate change, including:
I. During the British Regime

o Shore Nuisance (Bombay and Kolaba) Act, 1853

o The Indian Penal Code, 1860

o The Indian Easements Act, 1882

o The Fisheries Act, 1897

o The Factories Act, 1897

o The Bengal Smoke Nuisance Act, 1905

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o The Bombay Smoke Nuisance Act, 1912

o The Elephant's Preservation Act, 1879

o Wild Birds and Animals Protection Act, 1912.

II. Post-Independence of India

o Setting up of National Council for Environmental Policy and

Planning was set up in 1972 which was later evolved into
Ministry of Environment and Forests (MoEF) in 1985.
o Policy Statement for Abatement of Pollution and the National
Conservation Strategy and Policy Statement on Environment
and Development brought out by the MoEF in 1992
o EAP (Environmental Action Programme) was formulated in
1993 with the objective of improving environmental services
and integrating environmental considerations into
development programmes.
o National Environment Policy, 2006

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

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

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

o Atomic Energy Act of 1982

o Motor Vehicles Act ,1988

o The Wildlife (Protection) Act, 1972

o The Forest (Conservation) Act, 1980

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o Environment (Protection) Act, 1986 (EPA)

o The National Environment Appellate Authority Act, 1997

o Public Liability Insurance Act (PLIA), 1991

o National Environment Tribunal Act, 1995

o Environment Impact Assessment (EIA) Notifications,

however, a specific guiding national strategy that addresses India's

development concerns and mitigation and adaptation challenges was
also important. This was the frame work that was laid out in the
'National Action Plan on Climate Change (NAPCC), Prime Minister's
Council for Climate Change, Government of India (2008)' and its
subsidiary Eight Missions:
I. National Solar Mission (started in 2010);
II. National Mission for Enhanced Energy Efficiency (approved in
2009);
III. National Mission on Sustainable Habitat (approved in 2011);
IV. National Water Mission;
V. National Mission for Sustaining the Himalayan Ecosystem
(approved in 2014);
VI. National Mission for a Green India (approved in 2014);
VII. National Mission for Sustainable Agriculture (approved in 2010);
and
VIII. National Mission on Strategic Knowledge for Climate Change.
 11

The Eight Missions listed above are expected to advance India's

development and define its approach to climate mitigation and adaption
while satisfying the principles of the National Action Plan on Climate
Change.
Besides the aforestated legislations, rules and policies, there are several
other plans and incentives by the governments for energy conservation
and to mitigate impact of climate change.
Each State is now also in the process of developing State Action Plans
on climate change with recommendations on how mitigation and
adaptation can be main-streamed into development policy. Individual
ministries and agencies have also developed their respective mission
documents and policies for addressing climate change. It is hoped that
the National Climate Change Strategy reported to be in the making shall
be soon ready for its implementation.
Environment and Indian Constitution
The Indian Constitution is one of the few in the world that contains
specific provisions on the environment. The Directive Principles of State
Policy and the Fundamental Duties chapters explicitly enunciate the
national commitment to protect and improve the environment. Three
constitutional provisions bear directly on environmental matters.
I. First and foremost, Article 21 states: "No person shall be deprived
of his life or personal liberty except according to procedure
established by law." In Subhash Kumar v. State of Bihar, A.I.R
1991 SC 420, and Virendra Gaur v. State of Haryana, (1995) 2
SCC 577, the Supreme Court recognized several liberties that are
implied by Article 21, including the right to a healthy environment.
The State High courts have followed the Supreme Court's lead, and
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virtually all now recognize an environmental dimension to Article

21.
II. Second, Article 48A requires that "the State shall endeavor to
protect and improve the environment and to safeguard the forests
and wild life of the country."
III. Third, Article 51A establishes that "it shall be the duty of every
citizen of India to protect and improve the natural environment
including forests, lakes, rivers, and wild life and to have
compassion for living creatures."
Though these latter two provisions have traditionally been incapable of
enforcement through the exercise of writ jurisdiction, courts have
increasingly relied upon them for support in resolving environmental
controversies.
Role of Judiciary
Indian environmental law has seen considerable development in the last
over three decades. Most of the principles under which environmental
law works in India today were assembled over the last over three
decades. A predominant share of essence of the existing law relating to
the environment has developed through careful judicial thinking in the
Supreme Court and the High Courts. In the process of adjudication on
the environmental matters, the Supreme Court has actually come up with
the new pattern of "judge-driven implementation" of environmental
administration in India. The court has played a pivotal role in
interpreting those laws and has successfully isolated specific
environmental law principles upon the interpretation of Indian statutes
and the Constitution, combined with a liberal view towards ensuring
social justice and the protection of human rights. So, when one analyses
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the Indian environmental law's development path, one will surely have
to keep in mind the concept of judicial law making.
The orders and directions of the Supreme Court cover a wide range of
areas whether it be air, water, solid waste or hazardous waste. The field
covered is very vast such as – vehicular pollution, pollution by
industries, depletion of forests, illegal felling of trees, dumping of
hazardous waste, pollution of rivers, illegal mining etc. The list is
unending. The Supreme Court has passed orders for closure of polluting
industries and environmentally harmful aqua-farms, mandated cleaner
fuel for vehicles, stopped illegal mining activity, and protected forests
and architectural treasures like Taj Mahal.
Some of the judgments wherein various principles relating to
environment law were judicially recognised are worth mentioning:
1. In MC Mehta v. UOI, WP (C) 13029/1985, the Hon'ble Supreme
Court in its order dated 24-10-2018, decided that no motor vehicle
conforming to the emission standard BS-IV shall be sold or
registered in the entire country with effect from 01.04.2020, and
the same shall be substituted by BS-VI compliant vehicles. Certain
orders were also passed in therein with respect to imposing ban on
diesel vehicles to curb the air pollution.
2. In MC Mehta v. UOI, AIR 1987 SC 1086 (Oleum Gas Leak
case), the Supreme Court formulated an indigenous jurisprudence
of Absolute Liability in compensating the victims of pollution
caused by hazardous and inherently dangerous industries.
3. In M.C. Mehta vs. Union of India, AIR 1988 SCR (2) 538,
wherein the issue of pollution of the Ganga river by the hazardous
industries located on its banks was highlighted, the Hon'ble
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Supreme Court ordered the closure of a number of polluting

tanneries near Kanpur.
4. The Hon'ble Supreme Court in the case of TN Godavarman
Thirumulpad vs. Union of India and Ors., W.P.(C) No. 202 of
1995, dealing with the issue of livelihood of forest dwellers in the
Nilgiri region of Tamil Nadu being affected by the destruction of
forests, passed a series of directions.
5. Ganesh Wood Products v. State of Himachal Pradesh, AIR
1996 SC 149 – this judgment expanded the definition of forest to
its ordinary dictionary meaning, and imposed a ban on all non-
forest activities on forest land without prior approval of the Central
Government and directions were given to constitute Expert
Committee in each State to identify forests and for movement and
disposal of timber, and for constitution of a High Power
Committee to deal with forest.
6. MC Mehta v. Kamal Nath, (1996) 1 SCC 38 is a case where
there was an attempt to divert the flow of a river for augmenting
facilities in a motel. The Supreme Court interfered by recognizing
the Public Trust Doctrine and held that the State and its
instrumentalities as trustees have a duty to protect and preserve
natural resources such as rivers, lakes, forests, open spaces and
other common property resources.
7. MI Builders Pvt. Ltd. V. Radhey Shyam Sahu, AIR 1996 SC
2468, wherein also the Hon'ble Supreme Court applied Public
Trust Doctrine and asked a city development authority to
dismantle an underground market built beneath a garden of
historical importance.
 15

8. In Vellore Citizens Welfare Forum v. UOI, AIR 1996 SC 2718,

the Supreme Court adopted the Precautionary Principle to check
pollution of underground water caused by the leather industries in
Tamil Nadu. The Hon'ble Court also opined the precautionary
principle and the Polluter Pays Principle are part of the
environmental law of the country.
9. In Indian council for Enviro-Legal Action v. UOI, AIR 1996 SC
1446, the Supreme Court reiterated and applied the principle to
restore the environment of a village whose ecology had been
destroyed by the sludge left out by the trial run of the industries
permitted to produce the 'H' acid.
10. In State of Himachal Pradesh v. Ganesh Wood Products,
AIR 1996 SC 149, the Supreme Court invalidated forest-based
industry, recognizing the Principle of Inter-Generational
Equity as being central to the conservation of forest resources and
sustainable development.
11. The Hon'ble Supreme Court also noted in Indian Council
for Enviro-Legal Action v. Union of India (CRZ Notification
case), (1996) 5 SCC 281 that the Principle of Sustainable
Development would be violated if there were a substantial adverse
ecological effect caused by industry.
12. The Principle of Sustainable Development was also
recognized by the Supreme Court of India in the M.C. Mehta v.
Union of India (Taj Trapezium case), AIR 1997 SC 734.
13. In Enkay Plastics Pvt. Ltd. Vs. Union of India (UOI) and
Ors., 2000(56) DRJ 828, the Delhi High Court upheld the order of
closure of certain units which were manufacturing Urea
Formaldehyde Powder in thickly populated residential areas and
 16

held that the direction to close down such industries cannot be

treated as violative of Article 19 of the Constitution as it is in the
larger public interest to prevent any danger to the health and life of
the public at large.
14. Amongst others, the Delhi High Court has also directed for
preservation of ancient monuments of historical importance,
restoration of water bodies in and around Delhi and in maintaining
the forest ridge area in Delhi which are the lungs of the city.
Conclusion
What can we all do when we know and understand that climate change
is a complex bio-physical phenomenon with profound implications for
human civilizations and life on the planet? As a country, accustomed to
natural climatic variability, there is always a tendency to think that we
have seen it all before and there is nothing new. But present-day climate
change is different. It is now well accepted that human beings have
interfered with basic natural cycles, such as energy and water cycles,
which have kept our planet in equilibrium for millennia. Carbon dioxide
levels are now at their highest in six lacs fifty thousand years. It is
projected that at present rates of increase of emissions, the world is
heading to a 40 Celsius rise by the end of the century, which may not
only spell doom for wild wife and sea creatures but also significant
stress on everything from human health to livelihood security and
economic development. In other words, our life, our very existence may
be at stake.
There is much that can be done. Addressing climate change means
small, medium and big actions. We can act in the full range of roles that
we occupy – as workers, students, consumers, investors, educators,
 17

entrepreneurs and as citizens. And we can act in all of our spheres of

influence – our homes, schools, work places and in public life. We can

Biological Diversity Act, 2002

Background
The Biological Diversity Act, 2002 was born out of India’s attempt to
realise the objectives enshrined in the United Nations Convention on
Biological Diversity (CBD) 1992 which recognizes the sovereign rights
of states to use their own Biological Resources.
 Biodiversity: The biodiversity means the variability among living
organisms from all sources and the ecological complexes of which
they are part and includes diversity within species or between
species and of ecosystems
 Biological Resources: The biological resources means plants,
animals and micro-organisms or parts thereof, their genetic
material and by-products (excluding value added products) with
actual or potential use or value, but does not include human genetic
material.
The Biological Diversity Act, 2002
 The act was enacted in 2002, it aims at the conservation of
biological resources, managing its sustainable use and enabling
fair and equitable sharing benefits arising out of the use and
knowledge of biological resources with the local communities.
Salient Features of the Act
 The Act prohibits the following activities without the prior
approval from the National Biodiversity Authority:
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o Any person or organisation (either based in India or not)

obtaining any biological resource occurring in India for its
research or commercial utilisation.
o The transfer of the results of any research relating to any
biological resources occurring in, or obtained from, India.
o The claim of any intellectual property rights on any invention
based on the research made on the biological resources
obtained from India.
 The act envisaged a three-tier structure to regulate the access to
biological resources:
o The National Biodiversity Authority (NBA)

o The State Biodiversity Boards (SBBs)

o The Biodiversity Management Committees (BMCs) (at

local level)
 The Act provides these authorities with special funds and a
separate budget in order to carry out any research project dealing
with the biological natural resources of the country.
o It shall supervise any use of biological resources and the
sustainable use of them and shall take control over the
financial investments and their return and dispose of those
capitals as correct.
 Under this act, the Central Government in consultation with the
NBA:
o Shall notify threatened species and prohibit or regulate their
collection, rehabilitation and conservation
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o Designate institutions as repositories for different categories

of biological resources
 The act stipulates all offences under it as cognizable and non-
bailable.
 Any grievances related to the determination of benefit sharing or
order of the National Biodiversity Authority or a State Biodiversity
Board under this Act, shall be taken to the National Green
Tribunal (NGT).
The other laws that NGT deals with, include:
 The Water (Prevention and Control of Pollution) Act, 1974,
 The Water (Prevention and Control of Pollution) Cess Act, 1977,
 The Forest (Conservation) Act, 1980,
 The Air (Prevention and Control of Pollution) Act, 1981,
 The Environment (Protection) Act, 1986,
 The Public Liability Insurance Act, 1991
Exemptions from the Act
 The Act excludes Indian biological resources that are normally
traded as commodities.
o Such exemption holds only so far the biological resources are
used as commodities and for no other purpose.
 The act also excludes traditional uses of Indian biological
resources and associated knowledge and when they are used
in collaborative research projects between Indian and foreign
institutions with the approval of the central government.
 20

 Uses by cultivators and breeds, e.g. farmers, livestock keepers

and bee keepers and traditional healers e.g.vaids and hakims are
also exempted.
The National Biodiversity Authority
 The National Biodiversity Authority (NBA) was established
in 2003 by the Central Government to implement India’s
Biological Diversity Act (2002).
 It is a Statutory body that performs facilitative, regulatory and
advisory functions for the Government of India on the issue of
Conservation and sustainable use of biological resources.
 The NBA has its Headquarters in Chennai, Tamil Nadu, India.
Structure of the NBA
 The National Biodiversity Authority consists of the following
members to be appointed by the central government, namely:
o A Chairperson.

o Three ex officio members, one representing the Ministry

dealing with Tribal Affairs and two representing the Ministry
dealing with Environment and Forests.
o Seven ex-officio members to represent respectively the
Ministries of the Central Government dealing with:

 Agricultural Research and Education

 Biotechnology

 Ocean Development

 Agriculture and Cooperation

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 Indian Systems of Medicine and Homoeopathy

 Science and Technology

 Scientific and Industrial Research;

o Five non-official members to be appointed from amongst
specialists and scientists having special knowledge and
experience in the required matters.
Functions of the NBA
 Creating an enabling environment, as appropriate, to promote
conservation and sustainable use of biodiversity.
 Advising the central government, regulating
activities and issuing guidelines for access to biological resources
and for fair and equitable benefit sharing in accordance with the
Biological Diversity Act, 2002.
 Taking necessary measures to oppose the grant of intellectual
property rights in any country outside India on any biological
resource obtained from India or knowledge associated with such
biological resources derived from India illegally.
 Advising the State Governments in the selection of areas of
biodiversity importance to be notified as heritage sites and suggest
measures for their management.
State Biodiversity Boards (SBBs)
 The SBBs are established by the State Governments in accordance
with Section 22 of the Act.
 Structure: The State Biodiversity Board consists of the following
members:
 22

o A Chairperson

o Not more than five ex officio members to represent the

concerned Departments of the State Government
o Not more than five members from amongst experts in
matters relating to conservation of biological diversity,
sustainable use of biological resources and equitable sharing
of benefits arising out of the use of biological resources.
o All the members of the SBB are appointed by the
respective State Governments.
Functions of SBBs
 Advise the State Government, subject to any guidelines issued by
the Central Government, on matters relating to the conservation,
sustainable use or sharing equitable benefits.
 Regulate by granting approvals or otherwise requests
for commercial utilisation or bio-survey and bio-utilisation of
any biological resource by people.
Note:
 There are no State Biodiversity Boards constituted for Union
territories.
 The National Biodiversity Authority exercises the powers and
performs the functions of a State Biodiversity Board for the UTs.
Biodiversity Management Committees (BMCs)
 According to Section 41 of the Act, every local body shall
constitute the BMC within its area for the purpose of promoting
 23

conservation, sustainable use and documentation of biological

diversity including:
o Preservation of habitats

o Conservation of Landraces

o Folk varieties and cultivars

o Domesticated stocks And breeds of animals

o Microorganisms And Chronicling Of Knowledge Relating To

Biological Diversity
Structure
 It shall consist of a chair person and not more than six
persons nominated by the local body.
o Out of total members of a BMC, not less than one third
should be women and not less than 18% should belong to
the Scheduled Castes/ Scheduled Tribes.
 The Chairperson of the Biodiversity Management Committee shall
be elected from amongst the members of the committee in a
meeting to be chaired by the Chairperson of the local body.
 The chairperson of the local body shall have the casting votes in
case of a tie.
Functions
 The main function of the BMC is to prepare People’s Biodiversity
Register in consultation with the local people.
 24

 The register shall contain comprehensive information on

availability and knowledge of local biological resources, their
medicinal or any other use or any other.
People’s Biodiversity Registers (PBR):
 The PBRs focus on participatory documentation of local
biodiversity, traditional knowledge and practices.
o The register shall contain comprehensive information on
the availability and knowledge of local biological
resources, their medicinal or any other use or any other
traditional knowledge associated with them.
 They are seen as key legal documents in ascertaining the rights of
local people over the biological resources and associated
traditional knowledge.
Biodiversity Heritage Sites (BHS)
 Under Section 37 of Biological Diversity Act, 2002 the State
Government in consultation with local bodies may notify the areas
of biodiversity importance as Biodiversity Heritage Sites.
 The Biodiversity Heritage Sites are the well defined areas that are
unique, ecologically fragile ecosystems - terrestrial, coastal and
inland waters and, marine having rich biodiversity comprising of
any one or more of the following components:
o richness of wild as well as domesticated species or intra-
specific categories
o high endemism

o presence of rare and threatened species

 25

o keystone species

o species of evolutionary significance

o wild ancestors of domestic/cultivated species or their

varieties
o past preeminence of biological components represented by
fossil beds
o having significant cultural, ethical or aesthetic values;
important for the maintenance of cultural diversity (with or
without a long history of human association with them)
 Areas having any of the following characteristics may qualify for
inclusion as BHS.
 26

Transboundary pollution
The most common interpretation of transboundary pollution is that it is
pollution not contained by a single nation-state, but rather travels across
national borders at varying rates. The concept of the global commons is
important to an understanding of transboundary pollution. As both
population and production increase around the globe, the potential for
pollution to spill from one country to another increases. Transboundary
pollution can take the form of contaminated water or the deposition of
airborne pollutants across national borders. Transboundary pollution can
be caused by catastrophic events such as the Chernobyl nuclear
explosion. It can also be caused by the creeping of
industrial discharge that eventually has a measurable impact on adjacent
countries. It is possible that pollution can cross state lines within a
country and would indeed be referred to as transboundary pollution. This
type of case is seldom held up as a serious policy problem since national
controls can be brought to bear on the responsible parties and problems
can be solved within national borders. It is good to understand how
interstate environmental problems might develop and to have knowledge
as to those regulatory units of national government that have
jurisdiction.
Federalism is important in issues of national environmental pollution
largely because pollution can spread across several states before it is
contained. Within the United States, it is the Environmental Protection
Agency (EPA) that writes the regulations that are enforced by the states.
The general rule is that states may enact environmental regulations that
are more strict than what the EPA has enacted, but not less strict. In
some cases interstate compacts are designated by the EPA to deal with
issues of pollution control . An example of this is the regional compacts
for the management of low level radioactive waste materials. These
interstate compacts meet and make policy for the siting and management
of facilities, the transport of materials and the long term planning for
adequate and safe storage of low-level radioactive waste until
 27

its radioactivity has been exhausted. Other jurisdictions such as this in

the U.S. deal with transboundary issues of air quality , wildlife
management , fisheries, endangered species , water quality , and
solid waste management . Federalism has been manifested in specific
legislation. The National Environmental Policy Act (NEPA) is an
attempt to clarify and monitor environmental quality regardless of state
boundaries. NEPA provides for a council to monitor trends.
The Council on Environmental Quality is a three-member council
appointed by the President of the United States to collect data at the
national level on environmental quality and management, regardless of
jurisdiction. This picture at a national level is vastly complicated when
moved to a global level.
There is increasing demand for dialogue and support for institutions that
can address impacts on the global commons. The issue of "remedies" for
transboundary pollution is usually near the top of the agenda. Remedies
frequently take the form of payments to rectify a wrong, but more often
take the form of fines or other measures to assure compliance with best
practices. The problem with this approach is that charges have to be high
enough to offset the cost of controlling "creeping" pollution that might
cross national borders or the cost of monitoring production processes to
prevent predictable disasters. Marine pollution is an excellent example
of a transboundary pollution problem that involves many nation-states
and unlimited point sources of pollution. Marine pollution can be the
result of on-shore industrial processes that use the ocean as a waste
disposal site. Ships at sea find the ocean just too convenient as a sewer
system, and surface ocean activities such as oil drilling are a constant
source of pollution due to unintentional discharges. Accidents at sea are
well-documented, the most famous in recent years being the Exxon
Valdez oil spill off of Alaska in Prince William Sound in 1989. Earlier,
in 1969 an international conference on marine pollution was held. As a
result of this conference two treaties were developed and signed that
would respond to oil pollution on the high seas. These treaties were not
fully ratified until 1975. The Convention on the Prevention of Marine
Pollution by Dumping of Wastes and Other Matter and The Convention
 28

for the Prevention of Marine Pollution by Dumping from Ships and

Aircraft cite specific pollutants that are considered extremely
detrimental to marine environments. These pollutants are
organohalogenic compounds and mercury, as well as slightly less
harmful compounds such as lead, arsenic, copper, and pesticides. The
specificity of those treaties that deal with ocean environments indicate a
rising commitment to the control of transboundary pollution carried by
the ocean's currents and helped to resolve the question of remedies in
the Valdez catastrophe.

SE
Acid rain is a clear example of how air currents can carry destructive
pollution from one nation-state to another, and indeed, around the globe.
Air as a vector of pollution is particularly insidious because air patterns,
although known, can change abruptly, confounding a country's attempt
to monitor where pollutants come from. Acid deposition has been an
international issue for many years. The residuals from the burning
of fossil fuels and the byproducts from radiation combine in the
upper atmosphere with water vapor and precipitate down as acid rain.
This precipitation is damaging to lakes and streams as well as to forests
and buildings in countries that may have little sulfur
and nitrogen generation of their own. The negative justice of this issue
is that it is the most industrialized nations that are producing these
pollutants due to increased production and too often the pollution rains
down on developing countries that have neither the resources nor the
technical expertise to clean up the mess. Only recently, due to
international agreements between nation-states, has there been
significant reduction in the deposition of acid rain. The Clean Air
Act Amendments of 1990 in the United States helped to reduce
emissions from coal-burning plants. In Europe, sulfur emissions are
 29

being reduced due to an agreement among eight countries. The European

Community in 1992 agreed to implement automobile emission
standards similar to what the United States agreed to in the early 1980s.
In 1994 all large automobiles in Europe were required to reduce
emissions with the installation of catalytic converters. These measures
are all aimed at reducing transboundary pollution due to air emissions.
Probably the most famous case of transboundary river pollution is that of
the Rhine River with its point of incidence in Basel, Switzerland. This
was a catastrophe of great proportions. The source of pollution was an
explosion at a chemical plant. In the process of putting out the fire, great
volumes of water were used. The water mixed with the chemicals at the
plant (mercury, insecticides, fungicides, herbicides and
other agricultural chemicals ), creating a highly toxic discharge. This
lethal mixture washed into the Rhine River and coursed its way to
the Baltic Sea, affecting every country along the way. Citizens of six
sovereign nations were affected and damage was extensive. There was
further consternation when compensation for damage was found to be
difficult to obtain. Although the chemical company volunteered to pay
some compensation it was not enough. It was possible that each affected
nation-state could try the case in their own national court system, but
how would collection for damages take place? "In transboundary cases,
if there is no treaty or convention in force, by what combination of
other international law principles can the rules of liability and remedy be
determined?" It becomes problematic to institute legal action against
another country if there is no precedent. Since there is no history of
litigation between nation-states in cases of environmental damage there
is no precedent to determine outcome. Historically, legal disputes have
been resolved (albeit, extremely slowly) through negotiations and
treaties. There is no "polluter pays" statute in international law doctrine.
The authority that can be brought to bear on issues of transboundary
pollution is weak and confusing. The only mechanism that is currently
available to compensate injury is private litigation between parties and
that is difficult due to a lack of agreements to enforce civil judgments. If,
 30

in fact, the polluter is the national government, as in the case of the

Chernobyl disaster, it may be nearly impossible to gain compensation
for damages.
Transboundary pollution takes many forms and can be perpetrated by
both private industry and government activities. It is difficult if not
impossible to litigate on an international scale. It is in fact sometimes
difficult to determine who the polluter is when the pollution is
"creeping" and not a catastrophic incidence. Airborne transboundary
pollution is extremely difficult to track due to the pervasive nature of the
practices that produce it. Global solutions to transboundary pollution can
only be successful if all nations agree to implement controls to reduce
known pollutants and to take responsibility for accidents that damage the
environmental quality of other nations .
 31

Central And State Boards For The Prevention And

Control of Air Pollution
[3. Central Pollution Control Board .The Central Pollution Control
Board constituted under section 3 of the Water (Prevention and Control
of Pollution) Act, 1974 (6 of 1974), shall, without prejudice to the
exercise and performance of its powers and functions under that Act,
exercise the powers and perform the functions of the Central Pollution
Control Board for the prevention and control of air pollution under this
Act. ]

4. State Pollution Control Boards constituted under section 4 of Act

6 of 1974 to be State Boards under this Act .In any State in which the
Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), is in
force and the State Government has constituted for that State a State
Pollution Control Board under section 4 of that Act, such State Board
shall be deemed to be the State Board for the Prevention and Control of
Air Pollution constituted under section 5 of this Act, and accordingly
that State Pollution Control Board shall, without prejudice to the
exercise and performance of its powers and functions under that Act,
exercise the powers and perform the functions of the State Board for the
prevention and control of air pollution under this Act.]

5. Constitution of State Boards .(1) In any State in which the Water

(Prevention and Control of Pollution) Act, 1974 (6 of 1974), is not in
force, or that Act is in force but the State Government has not
constituted a [State Pollution Control Board] under that Act, the State
Government shall, with effect from such date as it may, by notification
 32

in the Official Gazette, appoint, constitute a State Board for the

Prevention and Control of Air Pollution under such name as may be
specified in the notification, to exercise the powers conferred on, and
perform the functions assigned to, that Board under this Act.
6. Central Board to exercise the powers and perform the functions
of a State Board in the Union territories .No State Board shall be
constituted for a Union territory and in relation to a Union territory, the
Central Board shall exercise the powers and perform the functions of a
State Board under this Act for that Union territory:
Provided that in relation to any Union territory the Central Board may
delegate all or any of its powers and functions under this section to such
person or body of persons as the Central Government may specify.
7. Terms and conditions of service of members .(1) Save as otherwise
provided by or under this Act, a member of a State Board constituted
under this Act, other than the member-secretary, shall hold office for a
term of three years from the date on which his nomination is notified in
the Official Gazette:
Provided that a member shall, notwithstanding the expiration of his
term, continue to hold office until his successor enters upon his office.
8. Disqualifications .(1) No person shall be a member of a State Board
constituted under this Act, who
(a) is, or at any time has been, adjudged insolvent, or
(b) is of unsound mind and has been so declared by a competent Court,
or
(c) is, or has been, convicted of an offence which, in the opinion of the
State Government, involves moral turpitude, or
 33

(d) is, or at any time has been, convicted of an offence under this Act, or
(e) has directly or indirectly by himself or by any partner, any share or
interest in any firm or company carrying on the business of manufacture,
sale, or hire of machinery, industrial plant, control equipment or any
other apparatus for the improvement of the quality of air or for the
prevention, control or abatement of air pollution, or
(f) is a director or a secretary, manager or other salaried officer or
employee of any company or firm having any contract with the Board,
or with the Government constituting the Board, or with a local authority
in the State, or with a company or corporation owned, controlled or
managed by the Government, for the carrying out of programmes for the
improvement of the quality of air or for the prevention, control or
abatement of air pollution, or
.
9. Vacation of seats by members .If a member of a State Board
constituted under this Act becomes subject to any of the
disqualifications specified in section 8, his seat shall become vacant.
10. Meetings of Board .(1) For the purposes of this Act, a Board shall
meet at least once in every three months and shall observe such rules of
procedure in regard to the transaction of business at its meetings as may
be prescribed:
Provided that if, in the opinion of the Chairman, any business of an
urgent nature is to be transacted, he may convene a meeting of the Board
at such time as he thinks fit for the aforesaid purpose.
(2) Copies of the minutes of the meetings under sub-section (1) shall be
forwarded to the Central Board and to the State Government concerned.
 34

11. Constitution of committees .(1) A Board may constitute as many

committees consisting wholly of members or partly of members and
partly of other persons and for such purpose or purposes as it may think
fit.
(2) A committee constituted under this section shall meet at such time
and at such place, and shall observe such rules of procedure in regard to
the transaction of business at its meetings as may be prescribed.
(3) The members of a committee other than the members of the Board
shall be paid such fees and allowances, for attending its meetings and for
attending to any other work of the Board as may be prescribed.
12. Temporary association of persons with Board for particular
purposes .(1) A Board may associate with itself in such manner, and for
such purposes, as may be prescribed, any person whose assistance or
advice it may desire to obtain in performing any of its functions under
this Act.
(2) a person associated with the Board under sub-section (1) for any
purpose shall have a right to take part in the discussions of the Board
relevant to that purpose, but shall not have a right to vote at a meeting of
the Board and shall not be a member of the Board for any other purpose.
(3) a person associated with a Board under sub-section (1) shall be
entitled to receive such fees and allowances as may be prescribed.
13. Vacancy in Board not to invalidate acts or proceedings .No act or
proceeding of a Board or any committee thereof shall be called in
question on the ground merely of the existence of any vacancy in, or any
defect in the constitution of, the Board or such committee, as the case
may be.
 35

14. Member-secretary and officers and other employees of State

Boards .(1) The terms and conditions of service of the member-
secretary of a State Board constituted under this Act shall be such as
may be prescribed.
[(2) The member-secretary of a State Board, whether constituted under
this Act or not, shall exercise such powers and perform such duties as
may be prescribed, or as may, from time to time, be delegated to him by
the State Board or its Chairman.]
(3) Subject to such rules as may be made by the State Government in
this behalf, a State Board, whether constituted under this Act or not, may
appoint such officers and other employees as it considers necessary for
the efficient performance of its functions under this Act.
(4) The method of appointment, the conditions of service and the scales
of pay of the officers (other than the member-secretary) and other
employees of a State Board appointed under sub-section (3) shall be
such as may be determined by regulations made by the State Board
under this Act.
(5) Subject to such conditions as may be prescribed, a State Board
constituted under this Act may, from time to time, appoint any qualified
person to be a consultant to the Board and pay him such salary and
allowances or fees, as it thinks fit.
15. Delegation of powers .A State Board may, by general or special
order, delegate to the Chairman or the member-secretary or any other
officer of the Board subject to such conditions and limitations, if any, as
may be specified in the order, such of its powers and functions under
this Act as it may deem necessary.
 36

CHAPTER III
Powers And Functions Of Boards
16. Functions of Central Board .(1) Subject to the provisions of this
Act, and without prejudice to the performance of its functions under the
Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), the
main functions of the Central Board shall be to improve the quality of air
and to prevent, control or abate air pollution in the country.
(2) In particular and without prejudice to the generality of the foregoing
functions, the Central Board may
(a) advise the Central Government on any matter concerning the
improvement of the quality of air and the prevention, control or
abatement of air pollution;
(b) plan and cause to be executed a nation-wide programme for the
prevention, control or abatement of air pollution;
(c) co-ordinate the activities of the State Boards and resolve disputes
among them;
(d) provide technical assistance and guidance to the State Boards, carry
out and sponsor investigations and research relating to problems of air
pollution and prevention, control or abatement of air pollution;
[(dd) perform such of the functions of any State Board as may be
specified in an order made under sub-section (2) of section 18;]
 37

(e) plan and organise the training of persons engaged or to be engaged in

programmes for the prevention, control or abatement of air pollution on
such terms and conditions as the Central Board may specify;
(f) organise through mass media a comprehensive programme regarding
the prevention, control or abatement of air pollution;
(g) collect, compile and publish technical and statistical data relating to
air pollution and the measures devised for its effective prevention,
control or abatement and prepare manuals, codes or guides relating to
prevention, control or abatement of air pollution;
(h) lay down standards for the quality of air;
(i) collect and disseminate information in respect of matters relating to
air pollution;
(j) perform such other functions as may be prescribed.
(3) The Central Board may establish or recognise a laboratory or
laboratories to enable the Central Board to perform its functions under
this section efficiently.
(4) The Central Board may
(a) delegate any of its functions under this Act generally or specially to
any of the committees appointed by it;
(b) do such other things and perform such other acts as it may think
necessary for the proper discharge of its functions and generally for the
purpose of carrying into effect the purposes of this Act.
17. Functions of State Board .(1) Subject to the provisions of this Act,
and without prejudice to the performance of its functions, if any, under
the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974),
the functions of a State Board shall be
 38

(a) to plan a comprehensive programme for the prevention, control or

abatement of air pollution and to secure the execution thereof;
(b) to advise the State Government on any matter concerning the
prevention, control or abatement of air pollution;
(c) to collect and disseminate information relating to air pollution;
(d) to collaborate with the Central Board in organising the training of
persons engaged or to be engaged in programmes relating to prevention,
control, or abatement of air pollution and to organise a mass-education
programme relating thereto;
(e) to inspect, at all reasonable times, any control equipment, industrial
plant or manufacturing process and to give, by order, such directions to
such persons as it may consider necessary to take steps for the
prevention, control, or abatement of air pollution;
(f) to inspect air pollution control areas at such intervals as it may think
necessary, assess the quality of air therein and take steps for the
prevention, control, or abatement of air pollution in such areas;
(g) to lay down, in consultation with the Central Board and having
regard to the standards for the quality of air laid down by the Central
Board, standards for emission of air pollutants into the atmosphere from
industrial plants and automobiles or for the discharge of any air pollutant
into the atmosphere from any other source whatsoever not being a ship
or an aircraft:
Provided that different standards for emission may be laid down under
this clause for different industrial plants having regard to the quantity
and composition of emission of air pollutants into the atmosphere from
such industrial plants;
 39

(h) to advise the State Government with respect to the suitability of any
premises or location for carrying on any industry which is likely to cause
air pollution;
(i) to perform such other functions as may be prescribed or as may, from
time to time, be entrusted to it by the Central Board or the State
Government;
(j) to do such other things and to perform such other acts as it may think
necessary for the proper discharge of its functions and generally for the
purpose of carrying into effect the purposes of this Act.
(2) a State Board may establish or recognise a laboratory or laboratories
to enable the State Board to perform its functions under this section
efficiently.
18. Powers to give directions .[(1)] In the performance of its functions
under this Act
(a) the Central Board shall be bound by such directions in writing as the
Central Government may give to it; and
(b) every State Board shall be bound by such directions in writing as the
Central Board or the State Government may give to it:
Provided that where a direction given by the State Government is
inconsistent with the direction given by the Central Board, the matter
shall be referred to the Central Government for its decision.
[(2) Where the Central Government is of the opinion that any State
Board has defaulted in complying with any directions given by the
Central Board under sub-section (1) and as a result of such default a
grave emergency has arisen and it is necessary or expedient so to do in
the public interest, it may, by order, direct the Central Board to perform
 40

any of the functions of the State Board in relation to such area, for such
period and for such purposes, as may be specified in the order.
(3) Where the Central Board performs any of the functions of the State
Board in pursuance of a direction under sub-section (2), the expenses, if
any, incurred by the Central Board with respect to the performance of
such functions may, if the State Board is empowered to recover such
expenses, be recovered by the Central Board with interest (at such
reasonable rate as the Central Government may, by order, fix) from the
date when a demand for such expenses is made until it is paid from the
person or persons concerned as arrears of land revenue or of public
demand.
(4) For the removal of doubts, it is hereby declared that any direction to
perform the functions of any State Board given under sub-section (2) in
respect of any area would not preclude the State Board from performing
such functions in any other area in the State or any of its other functions
in that area.]
CHAPTER IV
Prevention And Control Of Air Pollution
19. Power to declare air pollution control areas .(1) The State
Government may, after consultation with the State Board, by notification
in the Official Gazette, declare in such manner as may be prescribed,
any area or areas within the State as air pollution control area or areas
for the purposes of this Act.
(2) The State Government may, after consultation with the State Board,
by notification in the Official Gazette,
(a) alter any air pollution control area whether by way of extension or
reduction;
 41

(b) declare a new air pollution control area in which may be merged one
or more existing air pollution control areas or any part or parts thereof.
(3) If the State Government, after consultation with the State Board, is of
opinion that the use of any fuel, other than an approved fuel, in any air
pollution control area or part thereof, may cause or is likely to cause air
pollution, it may, by notification in the Official Gazette, prohibit the use
of such fuel in such area or part thereof with effect from such date
(being not less than three months from the date of publication of the
notification) as may be specified in the notification.
(4) The State Government may, after consultation with the State Board,
by notification in the Official Gazette, direct that with effect from such
date as may be specified therein, no appliance, other than an approved
appliance, shall be used in the premises situated in an air pollution
control area:
Provided that different dates may be specified for different parts of an
air pollution control area or for the use of different appliances.
(5) If the State Government, after consultation with the State Board, is of
opinion that the burning of any material (not being fuel) in any air
pollution control area or part thereof may cause or is likely to cause air
pollution, it may, by notification in the Official Gazette, prohibit the
burning of such material in such area or part thereof.
20. Power to give instructions for ensuring standards for emission
from automobiles .With a view to ensuring that the standards for
emission of air pollutants from automobiles laid down by the State
Board under clause (g) of sub-section (1) of section 17 are complied
with, the State Government shall, in consultation with the State Board,
give such instructions as may be deemed necessary to the concerned
authority in charge of registration of motor vehicles under the [Motor
 42

Vehicles Act, 1939 (4 of 1939)], and such authority shall,

notwithstanding anything contained in that Act or the rules made
thereunder be bound to comply with such instructions.
21. Restrictions on use of certain industrial plants .[Subject to the
provisions of this section, no person shall, without the previous consent
of the State Board, establish or operate any industrial plant in an air
pollution control area:
Provided that a person operating any industrial plant in any air pollution
control area immediately before the commencement of section 9 of the
Air (Prevention and Control of Pollution) Amendment Act, 1987 (47 of
1987), for which no consent was necessary prior to such
commencement, may continue to do so for a period of three months
from such commencement or, if he has made an application for such
consent within the said period of three months, till the disposal of such
application.]
(2) An application for consent of the State Board under sub-section (1)
shall be accompanied by such fees as may be prescribed and shall be
made in the prescribed form and shall contain the particulars of the
industrial plant and such other particulars as may be prescribed:
Provided that where any person, immediately before the declaration of
any area as an air pollution control area, operates in such area any
industrial plant, [* * *] such person shall make the application under this
sub-section within such period (being not less than three months from
the date of such declaration) as may be prescribed and where such
person makes such application, he shall be deemed to be operating such
industrial plant with the consent of the State Board until the consent
applied for has been refused.
 43

(3) The State Board may make such inquiry as it may deem fit in respect
of the application for consent referred to in sub-section (1) and in
making any such inquiry, shall follow such procedure as may be
prescribed.
(4) Within a period of four months after the receipt of the application for
consent referred to in sub-section (1), the State Board shall, by order in
writing, [and for reasons to be recorded in the order, grant the consent
applied for subject to such conditions and for such period as may be
specified in the order, or refuse such consent:]
[Provided that it shall be open to the State Board to cancel such consent
before the expiry of the period for which it is granted or refuse further
consent after such expiry if the conditions subject to which such consent
has been granted are not fulfilled:
Provided further that before cancelling a consent or refusing a further
consent under the first proviso, a reasonable opportunity of being heard
shall be given to the person concerned.]
(5) Every person to whom consent has been granted by the State Board
under sub-section (4), shall comply with the following conditions,
namely:
(i) the control equipment of such specifications as the State Board may
approve in this behalf shall be installed and operated in the premises
where the industry is carried on or proposed to be carried on;
(ii) the existing control equipment, if any, shall be altered or replaced in
accordance with the directions of the State Board;
(iii) the control equipment referred to in clause (i) or clause (ii) shall be
kept at all times in good running condition;
 44

(iv) chimney, wherever necessary, of such specifications as the State

Board may approve in this behalf shall be erected or re-erected in such
premises;
(v) such other conditions as the State Board may specify in this behalf;
and
(vi) the conditions referred to in clauses (i), (ii) and (iv) shall be
complied with within such period as the State Board may specify in this
behalf:
Provided that in the case of a person operating any industrial plant [* *
*] in an air pollution control area immediately before the date of
declaration of such area as an air pollution control area, the period so
specified shall not be less than six months:
Provided further that
(a) after the installation of any control equipment in accordance with the
specifications under clause (i), or
(b) after the alteration or replacement of any control equipment in
accordance with the directions of the State Board under clause (ii), or
(c) after the erection or re-erection of any chimney under clause (iv),
no control equipment or chimney shall be altered or replaced or, as the
case may be, erected or re-erected except with the prior approval of the
State Board.
(6) If due to any technological improvement or otherwise the State
Board is of opinion that all or any of the conditions referred to in sub-
section (5) require or requires variation (including the change of any
control equipment, either in whole or in part), the State Board shall, after
giving the person to whom consent has been granted an opportunity of
 45

being heard, vary all or any of such conditions and thereupon such
person shall be bound to comply with the conditions as so varied.
(7) Where a person to whom consent has been granted by the State
Board under sub-section (4) transfers his interest in the industry to any
other person, such consent shall be deemed to have been granted to such
other person and he shall be bound to comply with all the conditions
subject to which it was granted as if the consent was granted to him
originally.
22. Persons carrying on industry, etc., not to allow emission of air
pollutants in excess of the standards laid down by State Board .No
person [* * *] operating any industrial plant, in any air pollution control
area shall discharge or cause or permit to be discharged the emission of
any air pollutant in excess of the standards laid down by the State Board
under clause (g) of sub-section (1) of section 17.
[22A. Power of Board to make application to Court for restraining
persons from causing air pollution .(1) Where it is apprehended by a
Board that emision of any air pollutant, in excess of the standards laid
down by the State Board under clause (g) of sub-section (1) of section
17, is likely to occur by reason of any person operating an industrial
plant or otherwise in any air pollution control area,the Board may make
an application to a Court, not inferior to that of a Metropolitan
Magistrate or a Judicial Magistrate of the first class for restraining such
person from emitting such air pollutant.
(2) On receipt of the application under sub-section (1), the Court may
make such order as it deems fit.
(3) Where under sub-section (2), the Court makes an order restraining
any person from discharging or causing or permitting to be discharged
the emission of any air pollutant, it may, in that order,
 46

(a) direct such person to desist from taking such action as is likely to
cause emission;
(b) authorise the Board, if the direction under clause (a) is not complied
with by the person to whom such direction is issued, to implement the
direction in such manner as may be specified by the Court.
(4) All expenses incurred by the Board in implementing the directions of
the Court under clause (b) of sub-section (3)shall be recoverable from
the person concerned as arrears of land revenue or of public demand.]
23. Furnishing of information to State Board and other agencies in
certain cases .(1) Where in any [* * *] area, the emission of any air
pollutant into the atmosphere in excess of the standards laid down by the
State Board occurs or is apprehended to occur due to accident or other
unforeseen act or event, the person in charge of the premises from where
such emission occurs or is apprehended to occur, shall forthwith intimate
the fact of such occurrence or the apprehension of such occurrence to the
State Board and to such authorities or agencies as may be prescribed.
(2) On receipt of information with respect to the fact or the apprehension
of any occurrence of the nature referred to in sub-section (1), whether
through intimation under that sub-section or otherwise, the State Board
and the authorities or agencies shall, as early as practicable, cause such
remedial measures to be taken as are necessary to mitigate the emission
of such air pollutants.
(3) Expenses, if any, incurred by the State Board, authority or agency in
respect of the remedial measures referred to in sub-section (2) together
with interest (at such reasonable rate, as the State Government may, by
order, fix) from the date when a demand for the expenses is made until it
is paid, may be recovered by that Board, authority or agency from the
person concerned, as arrears of land revenue, or of public demand.
 47

24. Power of entry and inspection (1) Subject to the provisions of this

section, any person empowered by a State Board in this behalf shall have
a right to enter, at all reasonable times with such assistance as he
considers necessary, any place
(a) for the purpose of performing any of the functions of the State Board
entrusted to him;
(b) for the purpose of determining whether and if so in what manner, any
such functions are to be performed or whether any provisions of this Act
or the rules made thereunder or any notice, order, direction or
authorisation served, made, given or granted under this Act is being or
has been complied with;
(c) for the purpose of examining and testing any control equipment,
industrial plant, record, register, document or any other material object
or for conducting a search of any place in which he has reason to believe
that an offence under this Act or the rules made thereunder has been or
is being or is about to be committed and for seizing any such control
equipment, industrial plant, record, register, document or other material
object if he has reasons to believe that it may furnish evidence of the
commission of an offence punishable under this Act or the rules made
thereunder.
(2) Every person [* * *] operating any control equipment or any
industrial plant, in an air pollution control area shall be bound to render
all assistance to the person empowered by the State Board under sub-
section (1) for carrying out the functions under that sub-section and if he
fails to do so without any reasonable cause or excuse, he shall be guilty
of an offence under this Act.
 48

(3) If any person wilfully delays or obstructs any person empowered by

the State Board under sub-section (1) in the discharge of his duties, he
shall be guilty of an offence under this Act.
(4) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974),
or, in relation to the State of Jammu and Kashmir, or any area in which
that Code is not in force, the provisions of any corresponding law in
force in that State or area, shall, so far as may be, apply to any search or
seizure under this section as they apply to any search or seizure made
under the authority of a warrant issued under section 94 of the said Code
or, as the case may be, under the corresponding provisions of the said
law.
25. Power to obtain information .For the purposes of carrying out the
functions entrusted to it, the State Board or any officer empowered by it
in that behalf may call for any information (including information
regarding the types of air pollutants emitted into the atmosphere and the
level of the emission of such air pollutants) from the occupier or any
other person carrying on any industry or operating any control
equipment or industrial plant and for the purpose of verifying the
correctness of such information, the State Board or such officer shall
have the right to inspect the premises where such industry, control
equipment or industrial plant is being carried on or operated.
26. Power to take samples of air or emission and procedure to be
followed in connection therewith .(1) A State Board or any officer
empowered by it in this behalf shall have power to take, for the purpose
of analysis, samples of air or emission from any chimney, flue or duct or
any other outlet in such manner as may be prescribed.
 49

(2) The result of any analysis of a sample of emission taken under sub-
section (1) shall not be admissible in evidence in any legal proceeding
unless the provisions of sub-sections (3) and (4) are complied with.
(3) Subject to the provisions of sub-section (4), when a sample of
emission is taken for analysis under sub-section (1), the person taking
the sample shall
(a) serve on the occupier or his agent, a notice, then and there, in such
form as may be prescribed, of his intention to have it so analysed;
(b) in the presence of the occupier or his agent, collect a sample of
emission for analysis;
(c) cause the sample to be placed in a container or containers which shall
be marked and sealed and shall also be signed both by the person taking
the sample and the occupier or his agent;
(d) send, without delay, the container or containers to the laboratory
established or recognised by the State Board under section 17 or, if a
request in that behalf is made by the occupier or his agent when the
notice is served on him under clause (a), to the laboratory established or
specified under sub-section (1) of section 28.
(4) When a sample of emission is taken for analysis under sub-section
(1) and the person taking the sample serves on the occupier or his agent,
a notice under clause (a) of sub-section (3), then,
(a) in a case where the occupier or his agent wilfully absents himself, the
person taking the sample shall collect the sample of emission for
analysis to be placed in a container or containers which shall be marked
and sealed and shall also be signed by the person taking the sample, and
 50

(b) in a case where the occupier or his agent is present at the time of
taking the sample but refuses to sign the marked and sealed container or
containers of the sample of emission as required under clause (c) of sub-
section (3), the marked and sealed container or containers shall be
signed by the person taking the sample,
and the container or containers shall be sent without delay by the person
taking the sample for analysis to the laboratory established or specified
under sub-section (1) of section 28 and such person shall inform the
Government analyst appointed under sub-section (1) of section 29, in
writing, about the wilful absence of the occupier or his agent, or, as the
case may be, his refusal to sign the container or containers.
27. Reports of the result of analysis on samples taken under section
26 .(1) Where a sample of emission has been sent for analysis to the
laboratory established or recognised by the State Board, the Board
analyst appointed under sub-section (2) of section 29 shall analyse the
sample and submit a report in the prescribed form of such analysis in
triplicate to the State Board.
(2) On receipt of the report under sub-section (1), one copy of the report
shall be sent by the State Board to the occupier or his agent referred to in
section 26, another copy shall be preserved for production before the
Court in case any legal proceedings are taken against him and the other
copy shall be kept by the State Board.
(3) Where a sample has been sent for analysis under clause (d) of sub-
section (3) or sub-section (4) of section 26 to any laboratory mentioned
therein, the Government analyst referred to in the said sub-section (4)
shall analyse the sample and submit a report in the prescribed form of
the result of the analysis in triplicate to the State Board which shall
comply with the provisions of sub-section (2).
 51

(4) Any cost incurred in getting any sample analysed at the request of
the occupier or his agent as provided in clause (d) of sub-section (3) of
section 26 or when he wilfully absents himself or refuses to sign the
marked and sealed container or containers of sample of emission under
sub-section (4) of that section, shall be payable by such occupier or his
agent and in case of default the same shall be recoverable from him as
arrears of land revenue or of public demand.
28. State Air Laboratory .(1) The State Government may, by
notification in the Official Gazette,
(a) establish one or more State Air Laboratories; or
(b) specify one or more laboratories or institutes as State Air
Laboratories to carry out the functions entrusted to the State Air
Laboratory under this Act.
(2) The State Government may, after consultation with the State Board,
make rules prescribing
(a) the functions of the State Air Laboratory;
(b) the procedure for the submission to the said Laboratory of samples of
air or emission for analysis or tests, the form of the Laboratorys report
thereon and the fees payable in respect of such report;
(c) such other matters as may be necessary or expedient to enable that
Laboratory to carry out its functions.
29. Analysts .(1) The State Government may, by notification in the
Official Gazette, appoint such persons as it thinks fit and having the
prescribed qualifications to be Government analysts for the purpose of
analysis of samples of air or emission sent for analysis to any laboratory
established or specified under sub-section (1) of section 28.
 52

(2) Without prejudice to the provisions of section 14, the State Board
may, by notification in the Official Gazette, and with the approval of the
State Government, appoint such persons as it thinks fit and having the
prescribed qualifications to be Board analysts for the purpose of analysis
of samples of air or emission sent for analysis to any laboratory
established or recognised under section 17.
30. Reports of analysts .Any document purporting to be a report signed
by a Government analyst or, as the case may be, a State Board analyst
may be used as evidence of the facts stated therein in any proceeding
under this Act.
31. Appeals .(1) Any person aggrieved by an order made by the State
Board under this Act may, within thirty days from the date on which the
order is communicated to him, prefer an appeal to such authority
(hereinafter referred to as the Appellate Authority) as the State
Government may think fit to constitute:
Provided that the Appellate Authority may entertain the appeal after the
expiry of the said period of thirty days if such authority is satisfied that
the appellant was prevented by sufficient cause from filing the appeal in
time.
(2) The Appellate Authority shall consist of a single person or three
persons as the State Government may think fit to be appointed by the
State Government.
(3) The form and the manner in which an appeal may be preferred under
sub-section (1), the fees payable for such appeal and the procedure to be
followed by the Appellate Authority shall be such as may be prescribed.
(4) On receipt of an appeal preferred under sub-section (1), the
Appellate Authority shall, after giving the appellant and the State Board
 53

an opportunity of being heard, dispose of the appeal as expeditiously as

possible.
[31A. Power to give directions .Notwithstanding anything contained in
any other law, but subject to the provisions of this Act and to any
directions that the Central Government may give in this behalf, a Board
may, in the exercise of its powers and performance of its functions under
this Act, issue any directions in writing to any person, officer or
authority, and such person, officer or authority shall be bound to comply
with such directions.
Explanation. For the avoidance of doubts, it is hereby declared that the
power to issue directions under this section includes the power to direct
(a) the closure, prohibition or regulation of any industry, operation or
process; or
(b) the stoppage or regulation of supply of electricity, water or any other
service.]
CHAPTER V
Fund, Accounts And Audit
32. Contributions by Central Government .The Central Government
may, after due appropriation made by Parliament by law in this behalf,
make in each financial year such contributions to the State Boards as it
may think necessary to enable the State Boards to perform their
functions under this Act:
Provided that nothing in this section shall apply to any [State Pollution
Control Board] constituted under section 4 of the Water (Prevention and
Control of Pollution) Act, 1974 (6 of 1974), which is empowered by that
Act to expend money from its fund thereunder also for performing its
 54

functions, under any law for the time being in force relating to the
prevention, control or abatement of air pollution.
33. Fund of Board .(1) Every State Board shall have its own fund for
the purposes of this Act and all sums which may, from time to time, be
paid to it by the Central Government and all other receipts (by way of
contributions, if any, from the State Government, fees, gifts, grants,
donations, benefactions or otherwise) of that Board shall be carried to
the fund of the Board and all payments by the Board shall be made
therefrom.
[33A. Borrowing powers of Board .A Board may, with the consent of,
or in accordance with the terms of any general or special authority given
to it by, the Central Government or, as the case may be, the State
Government, borrow money from any source by way of loans or issue of
bonds, debentures or such other instruments, as it may deem fit, for
discharging all or any of its functions under this Act.]
34. Budget .The Central Board or, as the case may be, the State Board
shall, during each financial year, prepare, in such form and at such time
as may be prescribed, a budget in respect of the financial year next
ensuing showing the estimated receipt and expenditure under this Act,
and copies thereof shall be forwarded to the Central Government or, as
the case may be, the State Government.
[35. Annual report. - (1) The Central Board shall, during each financial
year, prepare, in such form as may be prescribed, an annual report giving
full account of its activities under this Act during the previous financial
year and copies thereof shall be forwarded to the Central Government
within four months from the last date of the previous financial year and
that Government shall cause every such report to be laid before both
 55

Houses of Parliament within nine months of the last date of the previous
financial year.
(2) Every State Board shall, during each financial year, prepare, in such
form as may be prescribed, an annual report giving full account of its
activities under this Act during the previous financial year and copies
thereof shall be forwarded to the State Government within four months
from the last date of the previous financial year and that Government
shall cause every such report to be laid before the State Legislature
within a period of nine months from the last date of the previous
financial year.]
36. Accounts and audit .(1) Every Board shall, in relation to its
functions under this Act, maintain proper accounts and other relevant
records and prepare an annual statement of accounts in such form as
may be prescribed by the Central Government or, as the case may be, the
State Government.
(2) The accounts of the Board shall be audited by an auditor duly
qualified to act as an auditor of companies under section 226 of the
Companies Act, 1956 (1 of 1956).
CHAPTER VI
Penalties And Procedure
[37. Failure to comply with the provisions of section 21 or section 22
or with the directions issued under section 31-A .(1) Whoever fails to
comply with the provisions of section 21 or section 22 or directions
issued under section 31-A, shall, in respect of each such failure, be
punishable with imprisonment for a term which shall not be less than
one year and six months but which may extend to six years and with
fine, and in case the failure continues, with an additional fine which may
 56

extend to five thousand rupees for every day during which such failure
continues after the conviction for the first such failure.
(2) If the failure referred to in sub-section (1) continues beyond a period
of one year after the date of conviction, the offender shall be punishable
with imprisonment for a term which shall not be less than two years but
which may extend to seven years and with fine.]
38. Penalties for certain acts .Whoever
(a) destroys, pulls down, removes, injures or defaces any pillar, post or
stake fixed in the ground, or any notice or other matter put up, inscribed
or placed, by or under the authority of the Board, or
(b) obstructs any person acting under the orders or directions of the
Board from exercising his powers and performing his functions under
this Act, or
shall be punishable with imprisonment for a term which may extend to
three months or with fine which may extend to [ten thousand rupees] or
with both.
[39. Penalty for contravention of certain provisions of the
Act .Whoever contravenes any of the provisions of this Act or any order
or direction issued thereunder, for which no penalty has been elsewhere
provided in this Act, shall be punishable with imprisonment for a term
which may extend to three months or with fine which may extend to ten
thousand rupees or with both, and in the case of continuing
contravention, with an additional fine which may extend to five
thousand rupees for every day during which such contravention
continues after conviction for the first such contravention.]
40. Offences by companies .(1) Where an offence under this Act has
been committed by a company, every person who, at the time the
 57

offence was committed, was directly in charge of, and was responsible
to, the company for the conduct of the business of the company, as well
as the company, shall be deemed to be guilty of the offence and shall be
liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such
person liable to any punishment provided in this Act, if he proves that
the offence was committed without his knowledge or that he exercised
all due diligence to prevent the commission of such offence.
41. Offences by Government Departments .(1) Where an offence
under this Act has been committed by any Department of Government,
the Head of the Department shall be deemed to be guilty of the offence
and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this section shall render such Head of
the Department liable to any punishment if he proves that the offence
was committed without his knowledge or that he exercised all due
diligence to prevent the commission of such offence.
42. Protection of action taken in good faith .No suit, prosecution or
other legal proceeding shall lie against the Government or any officer of
the Government or any member or any officer or other employee of the
Board in respect of anything which is done or intended to be done in
good faith in pursuance of this Act or the rules made thereunder.
[43. Cognizance of offences .(1) No Court shall take cognizance of any
offence under this Act except on a complaint made by
(a) a Board or any officer authorised in this behalf by it; or
(b) any person who has given notice of not less than sixty days, in the
manner prescribed, of the alleged offence and of his intention to make a
complaint to the Board or officer authorised as aforesaid,
 58

and no Court inferior to that of a Metropolitan Magistrate or a Judicial

Magistrate of the first class shall try any offence punishable under this
Act.
(2) Where a complaint has been made under clause (b) of sub-section
(1), the Board shall, on demand by such person, make available the
relevant reports in its possession to that person:
Provided that the Board may refuse to make any such report available to
such person if the same is, in its opinion, against the public interest.]
44. Members, officers and employees of Board to be public
servants .All members and all officers and other employees of a Board
when acting or purporting to act in pursuance of any of the provisions of
this Act or the rules made thereunder shall be deemed to be public
servants within the meaning of section 21 of the Indian Penal Code (45
of 1860).
45. Reports and returns .The Central Board shall, in relation to its
functions under this Act, furnish to the Central Government, and a State
Board shall, in relation to its functions under this Act, furnish to the
State Government and to the Central Board such reports, returns,
statistics, accounts and other information as that Government, or, as the
case may be, the Central Board may, from time to time, require.
46. Bar of jurisdiction .No Civil Court shall have jurisdiction to
entertain any suit or proceeding in respect of any matter which an
Appellate Authority constituted under this Act is empowered by or
under this Act to determine, and no injunction shall be granted by any
Court or other authority in respect of any action taken or to be taken in
pursuance of any power conferred by or under this Act.
CHAPTER VII
 59

Miscellaneous
47. Power of State Government to supersede State Board .(1) If at
any time the State Government is of opinion
(a) that a State Board constituted under this Act has persistently made
default in the performance of the functions imposed on it by or under
this Act, or
(b) that circumstances exist which render it necessary in the public
interest so to do,
the State Government may, by notification in the Official Gazette,
supersede the State Board for such period, not exceeding six months, as
may be specified in the notification:
Provided that before issuing a notification under this sub-section for the
reasons mentioned in clause (a), the State Government shall give a
reasonable opportunity to the State Board to show cause why it should
not be superseded and shall consider the explanations and objections, if
any, of the State Board.
(2) Upon the publication of a notification under sub-section (1)
superseding the State Board,
48. Special provision in the case of supersession of the Central
Board or the State Boards constituted under the Water (Prevention
and Control of Pollution) Act, 1974 .Where the Central Board or any
State Board constituted under the Water (Prevention and Control of
Pollution) Act, 1974 (6 of 1974), is superseded by the Central
Government or the State Government, as the case may be, under that
Act, all the powers, functions and duties of the Central Board or such
State Board under this Act shall be exercised, preformed or discharged
during the period of such supersession by the person or persons,
 60

exercising, preforming or discharging the powers, functions and duties

of the Central Board or such State Board under the Water (Prevention
and Control of Pollution) Act, 1974 (6 of 1974), during such period.
49. Dissolution of State Boards constituted under the Act .(1) As and
when the Water (Prevention and Control of Pollution) Act, 1974 (6 of
1974), comes into force in any State and the State Government
constitutes a [State Pollution Control Board] under that Act, the State
Board constituted by the State Government under this Act shall stand
dissolved and the Board first-mentioned shall exercise the powers and
perform the functions of the Board second-mentioned in that State.
50. Power to amend the Schedule .[Omitted by the Air (Prevention and
Control of Pollution) Amendment Act, 1987 (47 of 1987), section 22
(w.e.f. 1-4-1988)" .
51. Maintenance of register .(1) Every State Board shall maintain a
register containing particulars of the persons to whom consent has been
granted under section 21, the standards for emission laid down by it in
relation to each such consent and such other particulars as may be
prescribed.
(2) The register maintained under sub-section (1) shall be open to
inspection at all reasonable hours by any person interested in or affected
by such standards for emission or by any other person authorised by
such person in this behalf.
52. Effect of other laws .Save as otherwise provided by or under the
Atomic Energy Act, 1962 (33 of 1962), in relation to radioactive air
pollution the provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any enactment other than
this Act.
 61

53. Power of Central Government to make rules .(1) The Central

Government may, in consultation with the Central Board, by notification
in the Official Gazette, make rules in respect of the following matters,
namely:
(a) the intervals and the time and place at which meetings of the Central
Board or any committee thereof shall be held and the procedure to be
followed at such meetings, including the quorum necessary for the
transaction of business thereat, under sub-section (1) of section 10 and
under sub-section (2) of section 11;
(b) the fees and allowances to be paid to the members of a committee of
the Central Board, not being members of the Board, under sub-section
(3) of section 11;
54. Power of State Government to make rules .(1) Subject to the
provisions of sub-section (3), the State Government may, by notification
in the Official Gazette, make rules to carry out the purposes of this Act
in respect of matters not falling within the purview of section 53.
(2) In particular, and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters,
namely:
[(a) the qualifications, knowledge and experience of scientific,
engineering or management aspects of pollution control required for
appointment as member-secretary of a State Board constituted under the
Act;]
[(aa)] the terms and conditions of service of the Chairman and other
members (other than the member-secretary) of the State Board
constituted under this Act under sub-section (7) of section 7;
 62

(b) the intervals and the time and place at which meetings of the State
Board or any committee thereof shall be held and the procedure to be
followed at such meetings, including the quorum necessary for the
transaction of business thereat, under sub-section (1) of section 10 and
under sub-section (2) of section 11;