environment: _
BURIAL
The Air (Prevention and Control of Pollution)
Act, 1981
Industrialization and urbanization have resulted in a profound deterioration of
India’s ait quality. of the 3 million premature deaths in the world that occur each
“year due to outdoor and indoor air pollution
The highest numbers are assessed to occur in India. According to the World
Health Organization, the capital city of New Delhi is one of the top ten most
pollutedcities in the world. Surveys indicate thatin New Delhi the incidence of
respiratory diseases due to air pollutionis about 12 times the national average.
The Act provides for the prevention, control and abatement of air pollution. It
also provides for the establishment of Boards with a view to carrying out the
aforesaid purposes.
‘The Air Preyentionand Control of Pollution) Act, 1981 extends to the whole of
India.
"Air pollutant" means any solid, liquid or gaseous substance to [(including
noise)] present in the atmosphere in such concentrationas may be or tend to be-
injurious to human beings or other living creatures or plants or property or
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“Air pollution,” means the presence in the atmosphere of any air
Effects of air pollution on human beings
Hydrocarbons emittedby automobiles are toxic and react with haemoglobin in
the blood.
The effect’ of nitrogen is adverse and permanent. It increases children's
susceptibility to diseases like influenza.
Sulphur dioxide in the air spreads air acidity and corrodes buildings. It causes
irritation to various parts of the respiratory systems.
The heart may be damaged by air pollution, secondary to lung diseases.
Scanned with CamScannerFunctions: (Central and State Boards
Both the Central and State Pollution Boards have been established for
Pet control of air pollution.’
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Central Board to bxercise thik} powers and perform the functions of a State
Board in the Union territories.
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POWERS ND. FUNCTIONS OF CENTRAL BOARD
} 1! The mai functi ns soft the Central Board shall be toi improve the quality ofair |
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and to prevent, control or abate air pollution in the country.
2. It may: || |
advise the Central Ghverttinen on any matter concerning the improvement of |
the quality’ of air and the prevention, control or abatement of air pollution;
plan and cause to be executed a nation-wide programme for the prevention,
control or abatement of air pollution;
co-ordinate the activities of the State and resolve disputes among them;
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;
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 Road may specify;
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PAM VmuVaL, VULLUE UL GU GL Yaa uuu,
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;|
lay down standards for the quality of air,
collect and disseminate information in respect of matters relating to air
pollution; Wj ma
_ perform : such other functi as may be prescribed.
The Central Board’ thay establish or recognise a laboratory 0 or laboratories to
enable the Central Boardto perform its functions under the section efficiently.
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to plan a comprehensive programme for the prevention, control or abatement of |
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FUNCTIONS OF STATE BOARDS -
air pollution and to secure the execution thereof-,
\to advise’ the State Government on any matter concerning the i eatio:
| control or abatement of air pollution;
to collect and disseminate information relating to air pollution;
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 ofair pollution and to organise mass-education programme relating
thereto;| i)
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;
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;
tolay 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:
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Scanned with CamScannerPOWER TO GIVE DIRECTIONS
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. iT
This includes the power to direct-
the closure, prohibition or regulation of any industry, operation or
. the stoppage or regulation of supply of electricity, water or any other service.
Power of Entry and Inspection
. 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:
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 has been or
is being or is aboutto 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.
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Scanned with CamScannerWildlife Protection Act, 1972
‘The Wildlife Protection Act, 1972 is an Act of the Parliament of India enacted for
| protection of plants and animal species.
| Befote 1972) India had only five designated national parks, Among other reforms,
the! Act/ established schedules of protected plant and animal species; hunting or
{ harvest ig these species was largely outlawed.
The Act pl ‘ovides for'the protection of wild animals, birds and plants.
It extends to the whole of India.
It has'six schedules which give varying degrees of protection.
Schedule | and part
these are prescribed the highest penalties.
Species listed in Schedule IIl and Schedule IV are also protected, but the penalties
are much lower.
Schedule V includes the animals which may be hunted.
The specified endemic plants in Schedule VI are prohibited from cultivation and
planting. |The hunting to the Enforcement authorities have the power to compound
offences under this Schedule (i.e. they impose fines on the offeriders). Up to April
2010 there have been 16 convictions under this act relating to the death of tigers.
of Schedule II provide absolute protection - offences under _
Scanned with CamScannerDefinitions under the Act (Section 2)
+ "animal" includes amphibians, birds, mammals, and reptiles, and their
young ones, and also includes, in the cases of birds and reptiles, their.eggs..
. "hunting" includes
(a) capturing, killing, poisoning, snaring, or trapping any wild animal,
and every attempt to do so
| (b) driving any wild animal for any of the purposes specified in sub
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(c) injuring, destroying or taking any body part of any such animal, or in
the case of wild birds or reptiles, disturbing or damaging the eggs or nests
of such birds or reptiles.
Hunting (Section 9)
This section describes what constitutes hunting and the intent i
to hunt. Hunting wild animals is prohibited.
Ownership (Section 40 & 42)
Regarding ownership issues and trade licences . Ownership
will be not transferred to another party, also regarding issues to
trade licence. |
Scanned with CamScanner"Penalties (Section 51) _
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Penalties are prescribed in section 51. Enforcement can be performed by agencies such as the
Forest Department, the Police, the Wildlife Crime Control Bureau (WCCB), the Customs and
the Central Bureau of Investigation (CBI). Charge sheets can be filed directly by the Forest
Department. Other enforcement agencies, often due to the lack of technical expertise, hand
"over cases to the Forest Department i
Amendments \ i
3 The Code has been amended ‘several times.
. | Year
5 | Wild Life (Protection) Amendment Act, 2002 |
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Wild Life Protection.) Amendment Act 2006) | 2008 iy AUG,
Scanned with CamScanner2002 Amendment
‘The 2002 Amendment Act which came into force in January, 2003 have made
| punishment and penalty for offences under the Act more stringent.
Hill} | Offence |
| Hor enced relating to wild animals (or their parts and products) included in
1 Schedule-d or partI of Schedule- II and those relating to hunting or altering the
" bounda es of a'sarictuary or national park the punishment and penalty have
enl anced, the minimum imprisonment prescribed is three years which may
tend to seven years, with a minimum fine of Rs. 10,000/-.
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(a) The Public Prosecutor has been given an opportunity of opposing the release _
on bail; and
(b) Where the Public Prosecutor opposes the application, the Court is satisfied
that there are reasonable grounds for believing that he is not guilty of such -
offences and that he is not likely to commit any offence while on bail".
In order to improve the intelligence gathering in wildlife crime, the existing
provision for rewarding the informers
In additionto this, a rewardup to Rs. 10,000/- is also proposed to be given to
the informants and others who provide assistance in detection of crime and.
apprehension of the offender.
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