UNIT-III: LAW AND ENVIRONMENT

B.A. LL.B. (VI Semester)

Dr. Ghulam Yazdani

Faculty of Law, Jamia Millia Islamia

Index

S. No Heads Page no.

Structural Format of classes

1. Lecture 1: Environment Protection Act, 1986:

Salient Features-Regulatory Mechanism- 2
Enforcement & Working of the Act

2. Water Act, 1974: Salient Features-Regulatory

Mechanism-Enforcement & Working of the Act-The
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Water Cess (Prevention and Control of Pollution)
Act, 1977

3. Air Act, 1981: Salient Features-Regulatory

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Mechanism-Enforcement & Working of the Act

4. Noise Pollution Rules, 2000: Salient Features-

Regulatory Mechanism-Enforcement & Working of 32
the Act.

1
 LECTURE 1: EPA, 1986
The Government of India participated in the United Nations
Conference on the Human Environment held at Stockholm in June,
1972. Before the conference various measures was taken but after the
conference it further leads to implementation of the decision taken in
the conference. Thus, the Environment Protection Act, 1986 was
passed and was enacted under Article 253 of Indian Constitution.

It was enacted with the main objective to provide the protection and
improvement of environment and for matters connected therewith. The
Act is one of the most comprehensive legislations with a pretext to
protection and improvement of the environment.

The Constitution of India also provides for the protection of the

environment. Article 48A of the Constitution that the State shall
endeavour to protect and improve the environment and to safeguard the
forests and wildlife of the country. Article 51 A further provides that
every citizen shall protect the environment

1.1. Objectives

As mentioned earlier, the main objective of the Act was to provide the
protection and improvement of environment and for matters connected
therewith. Other objectives of the implementation of the EPA are:

• To implement the decisions made at the UN Conference on

Human Environment held at Stockholm in June 1972.

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 • To enact a general law on the areas of environmental protection
which were left uncovered by existing laws. The existing laws
were more specific in nature and concentrated on a more specific
type of pollution and specific categories of hazardous substances
rather than on general problems that chiefly caused major
environmental hazards.

• To co-ordinate activities of the various regulatory agencies under

the existing laws

• To provide for the creation of an authority or authorities for

environmental protection

• To provide deterrent punishment to those who endanger the

human environment, safety and health

1.2. Important definition provided by EPA, 1986

• Section 2 (a) “Environment” includes water, air, and land and
the interrelationship that exists among and between water, air and
land and human beings, other living creatures, plants, micro-
organism and property. This definition is not exhaustive but an
inclusive one.
• Section 2 (b) “Environmental Pollutant” means any solid,
liquid or gaseous substance present in such concentration as may
be, or tend to be injurious to environment.
• Section 2 (c) “Environmental Pollution” means the presence in
the environment of any environmental pollutant. This implies an
imbalance in the environment. The materials or substances when

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 after mixing in air, water or land alters their properties in such
manner, that the very use of all or any of the air-water and land
by man and any other living organism becomes lethal and
dangerous for health.
• Section 2 (e) “Hazardous Substance” means any substance or
preparation which, by reasons of its chemical or Physico-
chemical properties or handling, is liable to cause harm to human
beings, other living creatures, plants, micro-organism, property or
environment

1.3. Power of central govt. under EPA

According to the provisions of the Act, the Central Government shall

have the power to take all such measures as it deems necessary or
expedient for the purpose of protecting and improving the quality of
the environment and preventing controlling and abating environmental
pollution.

Such measures may include measures with respect to all or any of the
following matters:

(a)co-ordination of actions by the State Governments, officers and

other authorities- (a) under this Act, or the rules made thereunder,
or (b) under any other law for the time being in force which is
relatable to the objects of this Act;
(b) planning and execution of a nation-wide programme for the
prevention, control and abatement of environmental pollution;

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(c)laying down standards for the quality of the environment in its
various aspects;
(d) laying down standards for emission or discharge of
environmental pollutants from various sources;
(e)restriction of areas in which any industries, operations or
processes or class of industries, operations or processes shall not
be carried out or shall be carried out subject to certain safeguards;
(f) laying down procedures and safeguards for the prevention of
accidents which may cause environmental pollution and remedial
measures for such accidents;
(g) laying down procedures and safeguards for the handling of
hazardous substances;
(h) examination of such manufacturing processes, materials
and substances as are likely to cause environmental pollution;
(i) carrying out and sponsoring investigations and research relating
to problems of environmental pollution
(j) inspection of any premises, plant, equipment, machinery,
manufacturing or other processes, materials or substances and
giving, by order, of such directions to such authorities;
(k) establishment or recognition of environmental laboratories
and institute to carry out the functions entrusted to such
environmental laboratories and institutes under this Act;
(l) collection and dissemination of information in respect of matters
relating to environmental pollution;

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 (m) preparation of manuals, codes or guides relating to the
prevention, control and abatement of environmental pollution.
1.4. Penalties under EPA

• Section 15 provides for Penalties for contravention of the

provisions of the Act as well as the Rules, Orders and Directions.
Whoever fails to comply with or contravenes any of the
provisions, rules, orders or directions of this Act shall be
punishable with imprisonment for a term which may extend to 5
years or with one which may extend to one lakh rupees, or with
both

• If the failure or contravention continues beyond a period of one

year after the date of conviction, the offender shall be punishable
with imprisonment for a term which, may extend to seven years.

• Offences by Companies are dealt with under Section16.

Where an offence is committed by a company, every person who,
at the time the offence was committed, was directly in charge of
and was responsible to, the company for the conduct of the
business of the company shall be deemed to be guilty of the
offence.

1.5. Cognizance of Offences and Bar of Jurisdiction of Civil

Courts

As per the provisions of Section 19 of the EPA, no court shall take

cognizance of any offence under this Act:

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 • the central Government or any authority or officer
authorized in this behalf by that Government; or
• any person who has given notice of not less than 60 days, of
the alleged offence and his intention to make a complaint,
to the Central Government or the authority or officer,
authorized.

Section 22 provides that no civil court shall have jurisdiction to

entertain any suit or proceeding in respect of anything done, action is
taken or order or direction issued by the Central Government or any
other authority or officer in pursuance of any power conferred under
the Act.

1.6. Important case-laws

Indian Council for Enviro-legal Action v. Union of India (AIR 1996

SC 1446) The SC stated that the central govt. is empowered to take all
measures and to issue such directions for the purpose of protecting the
environment, preventing and controlling pollution. The power of the
central govt. includes the power to give directions for the removal of
sludge, for undertaking remedial measures and also the power to
impose the cost of remedial measures on the offending industry etc.

K. Purushotham Reddy v. Union of India (AIR 2002 NOC 138

A.P.) SC directed the State Pollution Control Board to take steps for
cancellation of authorisation of person found to be not complying with
procedural safeguards.

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Goa Foundation v. Diksha Holdings Pvt. Ltd (1999 (2) BomCR
550) the court observed that with a view to protecting the ecological
balance in the coastal areas, notifications having been issued by the
Central Government, there ought not to be any violation and prohibited
activities should not be allowed to come up within the area declared as
CRZ notification. The court also emphasised that no activities which
would ultimately lead to unscientific and unsustainable development
and ecological destruction should be allowed.

Vellore Citizens Welfare Forum v. Union of India (AIR 1996 SC

2715)-the main purpose of the E.P. Act was to create an authority or
authorities under section 3 (3).

A.P. Pollution Control Boards v. M.V. Naidu (AIR 1999 SC 812) -

the S.C. noticed the notifications issued by the central govt. constituting
authorities.

S. Jagannathv. Union of India (AIR 1997 SC 811)-issued directions

to constitute authorities under sec.3 (3) for protecting and improving
ecologically fragile areas.

M.C. Mehta v. Union of India (AIR 1998 SC 617) -SC expressed

satisfaction in creating Environment Pollution (prevention and Control)
Authority.

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 LECTURE 2: WATER ACT, 1974
2. Water Act, 1974

India participated in the United Nations Conference on the Human

Environment held in Stockholm in June 1972 to take appropriate steps
for the preservation of the natural resources of the earth which, among
other things, include the preservation of the quality of air and control
of air pollution. Based on the concluding guidelines of this conference,
the Water Act was formulated by the government of India in 1974.

Water (Prevention & Control of Pollution) Act, 1974 is a

comprehensive legislation that regulates agencies responsible for
checking on water pollution and ambit of pollution control boards both
at the centre and states.

The Water (Prevention & Control of Pollution) Act, 1974 was adopted
by the Indian parliament with the aim of prevention and control of
Water Pollution in India. Some of the important sections regulating the
prevention of water pollution as per the act are as discussed below.

2.1. Salient features

• Water Act 1974 aims to prevent and control water pollution.

• Under Water Act, 1974, pollution control boards were created, wh

o are responsible for implementation of its provisions.

• One of the important provisions of the Water Act, 1974 is to main

tain and restore the ‘wholesomeness’ of our aquatic resources.

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 • Under Water Act 1974, Sewage or pollutants cannot be discharge
d into water bodies including lakes and it is the duty of the state p
ollution control board to intervene and stop such activity.

• Anyone failing to abide by the laws of under is liable for imprison

ment under Section 24 & Section 43 ranging from not less than on
e year and six months to six years along with monetary fines.

• At the Centre, the Water Act has set up the CPCB which lays dow
n standards for the prevention and control of water pollution. At th
e State level, SPCBs function under the direction of the CPCB and
the State Government.

2.2. Objectives

Water act came into effect in 1974 to prevent pollution of water by ind
ustrial, agricultural and household water. The main objectives of this a
ct are listed below:

1. Prevention, control and abatement of water pollution.

2. The act also aims at restoration of wholesomeness of water
3. The central government and state governments have set-up pollu
tion control boards to monitor water pollution.
4. Central and state boards have been created under this act for pre
venting water pollution
5. The act empowers the board to take –
• water samples for analysis
• govern discharge of sewage
• trade effluents

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 • study or inspect appeals
• revision of policies
• set minimum and maximum penalties
• publication of names of offenders
• offences by companies or government departments
• establish or recognize water testing laboratories and standa
rd testing procedures
• Prevention and control of water pollution is achieved throu
gh a 'permit' or a 'consent administration' procedure
• Discharging effluents is permitted by obtaining the consent
of state water boards

2.3. Central Board

The Central Pollution Control Board, and State Pollution Control Boar
ds composition, terms and conditions of service of members are define
d in Sections 3-12 of water (prevention and control of pollution) act,
1974.

• The Board advises the government on any matter concerning the

prevention and control of water pollution.
• It coordinates the activities and provides technical assistance and
guidance.
• The Central Govt. has power to restrict any unit, and to take sam
ples of effluents and get them analysed in Central or State labora
tories.

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• Whoever fails to comply with any provision of this Act is punish
able with imprisonment, fine or both.

2.4. Functions of Central Board

• advise the Central Government on any matter concerning the

prevention and control of water pollution;
• co-ordinate the activities of the State Boards and resolve disputes;
• provide technical assistance and guidance to the State Boards,
carry out and sponsor investigations and research relating to
problems of water pollution and prevention, control or abatement
of water pollution;
• plan and organise the training of persons engaged or to be
engaged in programmes for the prevention, control or abatement
of water pollution on such terms and conditions as the Central
Board may specify;
• organise through mass media a comprehensive programme
regarding the prevention and control of water pollution;
• collect, compile and publish technical and statistical data relating
to water pollution and the measures devised for its effective
prevention and control and prepare manuals, codes or guides
relating to treatment and disposal of sewage and trade effluents
and disseminate information connected;
• lay down, modify or annul, in consultation with the State
Government concerned, the standards for a stream or well;

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 • plan and execute a nation-wide programme for the prevention,
control or abatement of water pollution;
• perform such other functions as may be prescribed.

2.5. Functions of the State Board

Section 17 of the Water (Prevention & Control of Pollution) Act,

1974 clearly lists all functions of the respective state boards for
countering water pollution. The state board of respective states is
empowered to plan a comprehensive program for the prevention,
control or abatement of pollution of streams and wells, collect and
disseminate information relating to water pollution and encourage,
conduct and participate in investigations and research relating to
problems of water pollution and prevention.

The state water boards also have the right to inspect sewage or trade
effluents, works and plants for the treatment of sewage and trade
effluents and to review all water purification plants.

The Board may establish or recognize a laboratory or laboratories to

enable the Board to perform its functions under this section efficiently,
including the analysis of samples of water from any stream or well or
of samples of any sewage or trade effluents.

2.6. Consent of the State Board is necessary to discharge

sewage

Section 25 of the Water (Prevention & Control of Pollution) Act, 1974

states that Prior Consent of the State Board under section 25 is
necessary to set up any industry, plant or process which is likely to
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discharge sewage or trade effluent into a stream or well or sewer or on
land or bring into use any new or altered outlets for the discharge of
sewage or begin to make any new discharge of sewage. The section
further states that every State Board is liable to maintain a register
containing particulars or conditions imposed under the section related
to any outlet, or to any effluent, from any land or premises which must
be open to inspection by the state board.

2.7. Power to take emergency measures

Section 32 of the Water (Prevention & Control of Pollution) Act, 1974

describes the power to take emergency measures in case of pollution of
stream or well. Under the act, State Board may issue orders to re move
the matter, which is, or may cause pollution; or remedy or mitigate the
pollution, or issue prohibition orders to the concerned persons from
discharging any poisonous or noxious or polluting matter.

Section 24 and 43 of the Water (Prevention & Control of Pollution)

Act, 1974 relate to prohibition on use of stream or well for disposal of
polluting matter and penalty for contravention thereof Under the scope
of the provision, no person shall knowingly cause or permit any
poisonous, noxious or polluting mater as determined by the State Board
to enter into any stream or sewer or on land.

Anyone failing to abide by the laws of under is liable for imprisonment

under Section 24 & Section 43 ranging from not less than one year and
six months to six years along with monetary fines. The section further
states that No person shall knowingly cause or permit to enter any other

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matter which may impede the flow of water of the stream causing
pollution of any kind.

2.8. Penalties and fines

Section 42 of the of the Water (Prevention & Control of Pollution) Act,

1974 states penalties and fines for certain acts including pulling down
pillars, Obstructs any person acting under the orders or direction of the
Board, Damages any works or property belonging to the Board and
Failure to furnish any officer other employee of the Board any
information required. The fine and penalty includes Imprisonment for
a term which may extend up to three months or with fine to Rs. 10,000/-
or both.

2.9. Understanding Water Class

Depending on the pollution of the water, water is demarked under

various water classes in accordance with the Water (Prevention &
Control of Pollution) Act, 1974. Drinking water at source found
without conventional treatment but after disinfection is designated as
Class A while water designated for outdoor bathing comes under Class
B. Any drinking water source which has been conventionally treated
comes under Class C while water used for propagation of wildlife and
fisheries is demarked as Class D. Water under Class E is used for
irrigation and industrial cooling along with waste disposal.

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2.10. The Water (Prevention and Control of Pollution) Cess Act,
1977

This was enacted to provide for the levy and collection of a cess on wa
ter consumed by persons operating and carrying on certain types of in
dustrial activities. This cess is collected with a view to augment the re
sources of the Central Board and the State Boards for the prevention a
nd control of water pollution constituted under the Water (Prevention a
nd Control of Pollution) Act, 1974. The Act was last amended in 2003
. The objective of this act is that anyone consuming water has to pay c
ess depending on the type of use as listed below:

1. Industries using water for industrial cooling, spraying in mine pits

or as boiler feed
2. Domestic purposes
3. Processing (pollutants are biodegradable. Eg: water from
slaughter houses)
4. Processing (pollutants are not biodegradable and are toxic. Eg:
water from tannery waste, industrial wastewater from
electroplating industries)
5. Industries that have a treatment plant installed for treating their
effluents can get a rebate of 70% on the cess payable

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 LECTURE 3: AIR ACT, 1981
3.1. Objectives:

In order to prevent and control the pollution of air, the Parliament

passed legislation in the year 1981. It came into force from 30th March
1981.

The Air (Prevention and Control of Pollution) Act, 1981 (the "Air Act")
is an act to provide for the prevention, control and abatement of air
pollution and for the establishment of Boards at the Central and State
levels with a view to carrying out the aforesaid purposes.

• To counter the problems associated with air pollution, ambient air

quality standards were established under the Air Act. The Air Act
seeks to combat air pollution by prohibiting the use of polluting
fuels and substances, as well as by regulating appliances that give
rise to air pollution.

• The Air Act empowers the State Government, after consultation

with the SPCBs, to declare any area or areas within the Sate as air
pollution control area or areas.

• Under the Act, establishing or operating any industrial plant in

the pollution control area requires consent from SPCBs.

• SPCBs are also expected to test the air in air pollution control
areas, inspect pollution control equipment, and manufacturing
processes.

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3.2. Salient features

The Air Act consists of 54 sections divided into seven Chapters.

Chapter-I, containing Sections 1 and 2 deals with Preliminary and
Definitions of certain terms respectively.

Chapter-II containing Sections 3 to 15 deals with Central and State

Boards for the prevention and control of Air Pollution.

Chapter-III (Sections 16 to 18) lays down the powers and functions of

Air Pollution Control Boards.

Chapter-IV (Sections 19 to 31-A) provides for prevention and control

of Air Pollution.

Chapter-V (Sections 32 to 36) relates to funding, Accounts and Audit.

Chapter-VI (Sections 37 to 46) deals with Penalties and Procedure.

Finally, Chapter-VII (Sections 47 to 54) contains ‘Miscellaneous

Provisions’.

1. Preliminary: Chapter-I of the Air Act consists of Section 1 and

Section 2. Section 1 contains short title, extent and
commencement of the Air Act. Section 2 provides for definitions
of certain terms namely: a) air pollutant; b) air pollution; j)
emission; m) occupier etc. as stated below:-

o Air Pollutant: Air pollutant means any solid, liquid or

gaseous substance including noise present in the
atmosphere in such concentration as may be or tend to be

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 injurious to human beings or other living creatures or plants
or property or environment.

o Air Pollution: means the presence in the atmosphere of any

air pollutant.

o Emission: It means any solid or liquid or gaseous substance

coming out of any chimney, duct or flue or any other outlet.

o Occupier: In relation to any factory or premises means the

person who has control over the affairs of the factory or the
premises and includes, in relation to any substance, the
person in possession of the substance.

2. Central and State Boards for the Prevention and Control of Air
Pollution: Chapter-II containing Sections 3 to 15 provides for
constitution and powers of Central and State Pollution Control
Boards.

3.3. Constitution of Central Pollution Control Board:

Section 3 of the Air Act provides that the Central Pollution Control
Board constituted under Section 3 of the Water (Prevention and Control
of Pollution) Act, 1974 shall also exercise the powers and perform the
functions of the Central Pollution Control Board for the prevention
control of air pollution under this Act. This extension of the jurisdiction
of Central Board under the Water Act to the Air Act will not affect in
any way the exercise of power and performance of a function under that
Act. The purpose of extension of jurisdiction is to prevent the

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multiplicity of Boards and members relating to prevention and control
of pollution.

3.4. Functions of Central Board:

The main function of the Central Board is to improve the quality of air
and to prevent control or abate air pollution in the country. (Section 16
(1). In addition to this main function, the Central Board may exercise
the following functions (Section 16 (2) :-

(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 nationwide 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;

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

in programmes for the prevention control or abatement of air pollution
such terms and conditions as the Central Board may specify;

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(f) organise through a mass media comprehensive programme for the
prevention, control or abatement of air pollution;

(g) collect, compile and publish technical and statistical data relating to
air pollution and the measures demised for its effective prevention,
control or abatement and prepare manuals, codes or guides relating to
the 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.

For the purposes of performing the above-mentioned functions

efficiently, the Central Board may establish or recognise a laboratory
or laboratories as it may deem fit. (Section 16(3)). The Central Board
ordinarily exercise its functions directly. But it may:-

• Delegate any of its functions under the Air Act generally or

especially to any of the committees appointed by it;

• 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 purposes of carrying into effect the purposes of the Air
Act (Section 14(4)).

3.5. Functions of State Boards – Section 17(1):

Subject to the provision of the Air Act, the functions of the State Board
shall be:

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1. to plan a comprehensive programme for the prevention, control
or abatement of air pollution and, to secure the execution thereof;

2. to advise the State Government on any matter concerning the

prevention, control or abatement of air pollution;

3. to collect and disseminate information relating to air pollution;

4. to collaborate with the Central Board in organising the training of

persons engaged or to be engaged in programmes relating to the
prevention, control, or abatement of air pollution and to organise
mass education programme relating thereto:

5. 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;

6. to inspect air pollution control area 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;

7. 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 atmosphere from any other
source whatsoever not being a ship or an aircraft: however,

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 different standards for emission may be laid down for different
industrial plants having regard to the quantity and composition of
emission of air pollutants into the atmosphere from such
industrial plants;

8. 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;

9. 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;

10. 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 purposes of carrying into effect the purpose of
the Air Act.

The State Board, for the performance of its functions efficiently, may
establish or recognise a laboratory or laboratories – Section 17 (2).

3.6. Prevention and Control of Air Pollution:

Chapter-IV containing Sections 19 to 31. A provides for prevention and

control of Air Pollution as enumerated hereunder:

Powers conferred upon the State Government to declare an area as air

pollution control area-

Section 19(1) provides that the State Government after consultation

with the State Board by notification in the official Gazette declare in

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such manner as may be prescribed any area or areas within the State as
air pollution control area or areas for the purposes of the Air Act.

The State Government may also after consultation with the State Board
by notification in the Official Gazette-

• Alter any air pollution control area whether by way extension or

reduction;

• Declare a new air pollution control area in which may merge one
or more existing air pollution control areas or any part or parts
thereof.

3.7. Other Powers conferred upon State Government:

1. Power to give instruction for ensuring standards for emission

from automobiles: In order to ensure that the standards of
emission of air pollutants from automobiles laid down by the
State Board under clause (g) of Section 17(1) 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 vehicles act, 1988, and such authority shall,
notwithstanding anything contained in the Air Act or the Rules
made thereunder be bound to comply with such instructions.

2. Power to impose a restriction on the use of certain industrial

Plants: No person, shall, without the previous consent of the
State Board, establish or operate any industrial plant in an air
pollution control area. But a person already operating any

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 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, 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. (Sec.21. (1)). If no consent is granted, then the
operation of that plant has to be stopped. The State Board before
granting or refusing to grant permission may make such enquiry
as it may deem fit and in making such enquiry, shall follow such
procedure as may be prescribed (Sec.21. (3)).

3. Power of Board to make application to court for restraining

persons from causing air pollution: Where it is apprehended by
a Board that emission of air pollutant, excess of the standard laid
down by the State Board 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 pollution. The Court to whom such an
application is made may make such order as it may deem fit. Sec.
22A (2).

4. Power to entry and inspection: Any person empowered by the

State Board in this behalf shall have the right to enter at all
25
 reasonable times with such assistance as he may consider
necessary, any place:

• For the purpose of performing any of the functions of the

State Board entrusted to him;

• For the purpose of determining whether, and if so, in what

manner, any such functions are to be performed or whether
any provisions of the Air Act or the Rules made thereunder,
or any notice, order or direction, or authorization served,
made, given or granted under the Air Act, is being or has
been complied with;

• 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 the Air Act or the Rules made thereunder has been or
is about to commit and for seizing any such control,
equipment, industrial plant, record, register, document or
other material object if he has reason to believe that it may
furnish evidence of the commission of an offence
punishable under the Air Act or the rules made thereunder.
(S.24 (1)).

5. Power to obtain information: For the purposes of carrying out

the functions entrusted to the State Board, it may or any officer
empowered by it in that behalf may call for any information

26
 regarding the type of air pollution emitted into the atmosphere
and the level of the emission of each air pollutant from the
occupier or any other person carrying on any industry 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 being carried
on or operated. (S. 25).

6. Power to take samples of air or emission: A State Board or any

officer empowered by it in this behalf shall have power to take
for the purposes of analysis, samples of air or emission from any
chimney, flue or dock or any other outlet in such manner as may
be prescribed. (S.26 (1)).

7. Power to give directions: Subject to the provisions of the Air

Act and to any directions that the Central Government may give
in this behalf, a State Board may, in the exercise of its powers
and performance of its functions under the Air Act, issue any
directions in writing to any person, officer or authority. The State
Board may specifically direct:-

• The closure, prohibition or regulation of any industry,

operation or process; or

• The stoppage or regulations of supply of electricity, water

or any other service. (S.33-A).

3.8. Penalties and Procedure in the Air Act:

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Sections 37 to 46 of the Act deal with the provisions relating to
penalties and procedure, as given below:

1. Penalty for failure to comply with the provisions of Section 21

or 22 With the direction issued under Section 31-A: Section 37
lays down that whoever fails to comply with any of the provisions
above mentioned, shall in respect of 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 with fine; and in
case the failure continues, with an additional fine which may
extend to five thousand rupees for every day during which such
failure continues after the conviction for the first such failure.

2. The penalty of certain other acts: Section 38 of the further

provides that whoever: -

• Destroys, pulls down, removes, injures, 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
• Obstructs any person acting under the orders or directions of the
Board from exercising his power and performing the functions
under this Act; or
• Damages any works or property belonging to the Board; or
• Fails to furnish the Board or any officer or another employee of
the Board any information required by the Board or such officer
or another employee for the purpose of this Act; or

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 • Fails to intimate the occurrence of the emission of air pollutants
into the atmosphere in excess of the standards laid down by the
State Board or the apprehension of such occurrence, to the State
Board and other prescribed authorities or agencies as required
under Section 23(1);

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.

3. Penalty for contravention of certain provisions of the Act:

Section 39 mandates that whoever contravenes any of the
provisions of this Act or any order, or direction issued thereunder,
for which no penalty is prescribed elsewhere 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 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
first such contravention.

4. Penalty for offences by companies: Section 40(1) lays down as

to who shall be punishable if the offender is a company. It is
provided in this sub-section that where an offence under this Act,
has been committed by a company, every person who, at the time
of the offence was committed, was directly in charge of and was
responsible to, the company for the conduct of business of the

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 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. However, a person shall not be liable for such
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.

5. Penalty for offences by Government Departments: Section 41

(1) lays down that where an offence 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.

However, the Head of the Department shall not be liable for

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.

3.9. Cognizance of offences:

Section 43 of the Air Act, lays down the provision relating to the
cognizance of offences under the Air Act. It declares that “No Court
shall take cognizance of any offence under the Air Act except on a
complaint made by:-

• A Board or any officer authorized in this behalf by it; or

• Any person who has given notice of not less than 60 days, in the
manner prescribed of the alleged offence and of his intention to
make a complaint to the Board or officer authorized as aforesaid,

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 and no Court inferior to that of a Metropolitan Magistrate or a
Judicial Magistrate of the First Class shall try any offence
punishable under the Air Act.

Section 43(2) describes the power of the Board that where a complaint
to the Board has been made, the Board shall on demand by such person,
make available the relevant reports in its possession to that person.
However, the Board may refuse to make any such report available to
such person if the same in its opinion is against the public interest.

3.10. Civil Court’s Jurisdiction is barred:

Section 46 lays down that no Court shall have jurisdiction to entertain

any suit or proceeding in respect of any matter for which an Appellate
Authority constituted under the Air Act is empowered by or under the
Air Act to determine and no injunction shall be granted by any Court
to other authority in respect of any action taken or to be taken in
pursuance of any power conferred by or under the Air Act.

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 LECTURE 3: NOISE POLLUTION
(REGULATION AND CONTROL) RULES, 2000
The Noise Pollution (Regulation and Control) Rules, 2000 framed by
the Central Government under the provisions of Environment
(Protection) Act, 1986 read with Rule 5 of the Environment
(Protection) Rules 1986. The statement of objects and reasons of these
Rules provides that the increasing ambient noise level in public places
from industries, construction activities, generator sets, loudspeakers,
public address systems, music systems, vehicular horns and other
mechanical devices have deleterious effects on human health and the
psychological well-being of the people. The Rules seeks to regulate and
control noise producing and generating sources with the objective of
maintaining the ambient air quality standards in respect of noise.

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Rule 5: Restrictions on the use of loud speakers/public address
system.

1. A loud speaker or a public address system shall not be used except

after obtaining written permission from the authority.
2. A loud speaker or a public address system shall not be used at
night (between 10.00 p.m. to 6.00 a.m.) except in closed
premises for communication within, e.g. auditoria, conference
rooms, community halls and banquet halls.

Rule 6: Consequences of any violation in silence zone/area:

Whoever, in any place covered under the silence zone/area commits
any of the following offence, he shall be liable for penalty under the
provisions of the Act.

• Silence zone is defined as an area comprising not less than 100

metres around hospitals, educational institutions and courts. The
silence zones are zones which are declared as such by the
competent authority.

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Suggested Readings

(i) Acts/Rules
1. The Air (Prevention and Control of Pollution) Act, 1981
2. The Water (Prevention and Control of Pollution) Act, 1974
3. Water (Prevention and Control of Pollution) Cess Act, 1977
4. The Environment Protection Act, 1986
5. Noise Pollution (Regulation and Control) Rules, 2000
(ii) Books
1. Armin Roseneranz et.al: Environment Law and Policy in India,
South Asia Books, New Delhi.
2. Dr. N. V. Pranjape: Environmental Laws and Management in
India, Thomson Reuters, Delhi.
3. K. Thakur: Environmental Protection, Law and Policy in India,
Eastern Book Company, Lucknow.
4. P. Leelakrishnan: Environmental Law Case Book, LexisNexis
India, Gurgaon.
5. P. Leelakrishnan: Environmental Law in India, LexisNexis
India, Gurgaon

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