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Environment Misrepresentation and Fraud
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Halsbury's Laws Of India (Environment; Misrepresentation and Fraud)/Halsbury's Laws Of India

(Environment; Misrepresentation and Fraud)/[135] ENVIRONMENT/1. INTRODUCTION/[135.001] Scope of
the title
[135.001] Scope of the title The title 'Environmental Law' states the law in respect of air and water pollution
control1, hazardous substance regulation2, protection of the coast3, protection of specified areas notified by
the Central Government4, protection of the forests and wild life5. The title encompasses constitutional
provisions and legislative measures relating to the environment6 and the common law relating to pollution
control7 along with special authorities constituted under various statutes to redress environmental
grievances8. Further, judicial initiatives to assist natural resource conservation in the field of public interest
litigation9 have also been included.
1 As to air and water pollution control see [135.021] and [135.076].
2 As to hazardous substance regulation see [135.216] and following.
3 As to protection of the coast see [135.237] and following.
4 As to protection of specified areas notified by the Central Government see [135.242].
5 As to forests and wild life protection see [135.334] and [135.432].
6 As to constitutional provisions relating to the environment see [135.005].
7 As to the common law of India in relation to pollution control see [135.011].
8 As to special authorities constituted under statutes to redress environmental grievances see [135.196].
9 See generally [245] PUBLIC INTEREST LITIGATION.

(Environment; Misrepresentation and Fraud)/[135] ENVIRONMENT/1. INTRODUCTION/[135.002]
Arrangement of the title
[135.002] Arrangement of the title The following is the arrangement of the title:
(1) Part one of this title covers the distribution of legislative authority between the Central
Government and the states in relation to environmental subjects1.
(2) Part two of this title covers the provisions of the Constitution of India that relate to
environmental protection. This part includes an examination of the fundamental rights and
duties as well as a survey of the directive principles of state policy2.
(3) Part three covers common law remedies in India in respect of pollution3.
(4) Part four covers the provisions of the Air (Prevention and Control of Pollution) Act 1981 as well
as the rules framed under the Act4.
(5) Part five covers the first of the central pollution control statutes, the Water (Prevention and
Control of Pollution) Act 1974. This part also examines rules framed by the Central Government
and the states under the enabling provisions of the Act. This part looks at a fiscal law, the
Water (Prevention and Control of Pollution) Cess Act 1977 and the relevant rules. Finally, part
five examines marine pollution regulations and the legal regime in respect of lakes and
groundwater5.
(6) Part six covers a vast body of rules, regulations and notifications issued under the
Environment (Protection) Act 1986 which has been the primary statutory instrument to extend
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the scope of environmental regulations to new fields6.

(7) Part seven discusses the legal framework creating the National Environment Tribunal and the
National Environment Appellate Authority7.
(8) Part eight of the title covers the provisions of the Public Liability Insurance Act 19918.
(9) Part nine covers forest laws, chiefly the Indian Forest Act 1927 and the Forest (Conservation)
Act 19809.
(10) The title concludes with part ten which covers wild life protection10.
1 As to legislative competence in environmental matters see [135.003].
2 As to constitutional provisions on environment see [135.004]-[135.010].
3 As to right to clean environment see [135.011].
4 As to water pollution control see [135.076] and following.
5 As to borrowing powers of a pollution control board see [135.161].
6 See [135.188] and following.

(Environment; Misrepresentation and Fraud)/[135] ENVIRONMENT/1. INTRODUCTION/[135.003]
Legislative competence in environmental matters
[135.003] Legislative competence in environmental matters The legislative authority with regard to
environmental subjects, as envisaged by the Constitution of India, is shared between the Central
Government and the states. The Centre has exclusive powers to make laws implementing India's
international obligations as well as any decision taken at an international conference, association or other
body1. Parliament has used this power to enact the most recent central statutes, namely, the Air (Prevention
and Control of Pollution) Act 19812 and the Environment (Protection) Act 19863. In addition, Parliament may
enact laws on state subjects for states whose legislatures have consented to central legislation4. For
example, the Wild Life (Protection) Act 1972 was enacted by Parliament pursuant to enabling resolutions of
11 states5 and the Water (Prevention and Control of Pollution) Act 1974 was enacted pursuant to consent
resolutions passed by 12 state legislatures6 The subjects 'forests' and 'protection of wild animals and birds'
were moved by the Constitution (Forty-Second Amendment) Act 1976 from the exclusive powers of the state
legislatures to the legislative purview of the Centre as well as the states7.
1 Constitution of India art 253 andsch 7 List I Entry 13. As to India's current treaty obligations see [135.004]. See generally
[80]CONSTITUTIONAL LAW.
4 Constitution of India art 252(1).

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5 Wild Life (Protection) Act 1972, statement of objects and reasons. The eleven states that passed enabling resolutions were
Andhra Pradesh, Bihar, Gujarat, Haryana, Himachal Pradesh, Madhya Pradesh, Manipur, Punjab, Rajasthan, Uttar Pradesh
and West Bengal.
6 Water (Prevention and Control of Pollution) Act 1974 preamble. The twelve states that passed consent resolutions were
Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan,
Tripura and West Bengal.
7 Constitution of India Sch 7 List II Entry 17A, B (inserted by the Constitution (Forty-Second Amendment) Act 1976). 'Forests'
was transferred from Constitution of India Sch 7 List II Entry 19 to Sch 7 List III Entry 17A. 'Protection of wild animals and birds'
was transferred from Constitution of India Sch 7 List II Entry 20 to Sch 7 List III Entry 17B.

(Environment; Misrepresentation and Fraud)/[135] ENVIRONMENT/1. INTRODUCTION/[135.004] India's
treaty obligations
[135.004] India's treaty obligations India has obligations under numerous international treaties and
agreements that relate to environmental issues. The following are the international treaties that India is a
party to:
(1) the Antarctic Treaty 19591.

(2) Convention on Wetlands of International Importance, especially as Waterfowl Habitat 19712.
(3) Convention Concerning the Protection of the World Cultural and Natural Heritage 19723.
(4) Convention on International Trade in Endangered Species of Wild Fauna and Flora 19734.
(5) Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from
Ships5.
(6) Convention on the Conservation of Migratory Species of Wild Animals 19796.
(7) Convention on the Conservation of Antarctic Marine Living Resources 19807.
(8) United Nations Convention on the Law of Sea 19828.
(9) Convention for the Protection of the Ozone Layer 19859.
(10) Protocol on Substances That Deplete the Ozone Layer 198710.
(11) Amendments to the Montreal Protocol on Substances That Deplete the Ozone Layer 199011.
(12) Convention on the Control of Trans-boundary Movement of Hazardous Wastes and Their
Disposal 198912.
(13) United Nations Framework Convention on Climate Change 199213.
(14) Convention on Biological Diversity 199214.
(15) Convention to Combat Desertification in those Countries Experiencing Serious Drought
and/or Desertification, Particularly in Africa 199415.
(16) International Tropical Timber Agreement 199416.
(17) Protocol on Environment Protection into the Antarctica Treaty 199117.
The State is obliged to foster respect for international law and treaty obligations18.
1 402 UNTS 71. India ratified the treaty with qualifications on 19 August 1983.
2 (1972) 11 ILM 963. Convention entered into force on 21 December 1975. India signed it on 1 October 1981.
3 (1972) 11 ILM 1358. Convention entered into force on 17 December 1975. India signed it on 16 November 1972.
4 (1973) 12 ILM 1055. Convention entered into force on 1 July 1975. India signed it on 9 July 1974 and ratified it on 20 July
1976.
5 (1978) (MARPOL) 1973. Convention entered into force on 2 October 1983. India ratified it with qualifications on 24 September
1986.
6 (1980) 19 ILM 15. Convention entered into force on 1 November 1983. India signed it on 23 June 1979 and ratified it on 4
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May 1982.
7 (1980) 19 ILM 841. Convention entered into force on 7 April 1982. India ratified it on 17 June 1985.
8 (1982) 21 ILM 1261. Convention entered into force on 16 November 1994. India signed it on 10 December 1982.
9 (1987) 26 ILM 1529. Convention entered into force on 22 September 1988. India ratified it on 18 March 1991.
10 (1987) 26 ILM 1550. Protocol entered into force on 1 January 1989. India acceded to it on 19 June 1992.
11 (1991) 30 ILM 541. Amendments to the Montreal Protocol entered into force on 10 August 1992. India acceded to it on 19
June 1992.
12 (1989) 28 ILM 657. Convention entered into force on 5 May 1992. India signed it on 5 March 1990 and ratified it on 24 June
1992.
13 31 ILM 849. Convention entered into force on 21 March 1994. India signed it on 10 June 1992 and ratified it on 1 November
1993.
14 (1992) 31 ILM 818. Convention entered into force on 29 December 1993. India signed it on 5 June 1992 and ratified it on 18
February 1994.
15 (1994) 33 ILM 1332. Convention entered into force on 26 December 1995. India signed it on 14 October 1994 and ratified it
on 17 December 1996.
16 (1994) 33 ILM 1016. Agreement entered into force on 1 January 1997. India signed it on 17 September 1996. India ratified it
on 17 October 1996.
17 Protocol entered into force on 15 January 1998.
18 Constitution of India art 51(c). As to fundamental duties see further[80]CONSTITUTIONAL LAW.

(Environment; Misrepresentation and Fraud)/[135] ENVIRONMENT/2. CONSTITUTIONAL PROVISIONS
AND GENERAL PRINCIPLES/(1) CONSTITUTIONAL PROVISIONS/[135.005] Constitutional provisions
[135.005] Constitutional provisions The Constitution of India deals with the issue of environment in two
ways:
(1) it imposes a duty on the State to protect and improve the environment and to safeguard the
forests and wild life of the country1; and
(2) it imposes a fundamental duty2 on every citizen to protect and improve the environment3. The
right of every person to a healthy environment has been derived from the fundamental right to
life granted by the Constitution of India4.
1 Constitution of India art 48A. See [135.009].
2 Constitution of India Pt IVAART 51A (inserted by Constitution (Forty-Second Amendment) Act 1976).
3 Constitution of India art 51 A(g). See [135.008].
4 Constitution of India art 2. See [135.006].

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AND GENERAL PRINCIPLES/(2) FUNDAMENTAL RIGHTS/[135.006] Fundamental right to healthy
environment
[135.006] Fundamental right to healthy environment No person may be deprived of his life or personal
liberty except according to the procedure established by law1. The fundamental right to life has been
interpreted by the Supreme Court to mean that every person has a right to a wholesome or healthy
environment2. The courts in India have explained the environmental dimension of the right to life in the
following ways:
(1) the right to life includes the right to enjoy unpolluted air and water3;
(2) a decent environment with sufficient clean air and water are implicit in the right to life4;
(3) the right to live with human dignity encompasses a clean and healthy environment5; and
(4) environmental pollution and ecological degradation violate the right to life6.
Corresponding to the right to a healthy environment is a duty imposed on the State to protect and improve
the natural as well as man-made environment7. There is a duty on the State to provide clean drinking water
to its citizens8. Where the quality of the environment is endangered, a person may petition the Supreme
Court to prevent pollution9. Such a petition may be filed by the affected person or a social worker or
journalist, provided that her motive is genuine10.
The displacement of tribals and other persons as a consequence of an infrastructural project would not, by
itself, violate their fundamental right to life11.
1 Constitution of India art 21.
2 Andhra Pradesh Pollution Control Board-II v M V Nayudu Andhra Pradesh Pollution Control Board-II v M V Nayudu Andhra
Pradesh Pollution Control Board-II v M V Nayudu (2001) 2 SCC 62 [LNIND 2000 SC 1720] [LNIND 2000 SC 1720] [LNIND
2000 SC 1720].
3 Subhash Kumar v State of Bihar Subhash Kumar v State of Bihar Subhash Kumar v State of Bihar AIR 1991 SC 420 [LNIND
1991 SC 13] [LNIND 1991 SC 13] [LNIND 1991 SC 13]at 424, Subhash Kumar v State of Bihar Subhash Kumar v State of
Bihar Subhash Kumar v State of Bihar (1991) 1 SCC 598 [LNIND 1991 SC 13] [LNIND 1991 SC 13] [LNIND 1991 SC 13],
Subhash Kumar v State of Bihar Subhash Kumar v State of Bihar Subhash Kumar v State of Bihar [1991] 1 SCR 5 [LNIND
1991 SC 13] [LNIND 1991 SC 13] [LNIND 1991 SC 13]; M C Mehta v Union of India M C Mehta v Union of India M C Mehta v
Union of India (1992) 3 SCC 256 [LNIND 1992 SC 418] [LNIND 1992 SC 418] [LNIND 1992 SC 418], M C Mehta v Union of
India M C Mehta v Union of India M C Mehta v Union of India [1992] 3 SCR 357 [LNIND 1992 SC 418] [LNIND 1992 SC 418]
[LNIND 1992 SC 418], M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India (1992) Cr LR 493;
Narmada Bachao Andolan v Union of India Narmada Bachao Andolan v Union of India Narmada Bachao Andolan v Union of
India [2000] 4 LRI 696, Narmada Bachao Andolan v Union of India Narmada Bachao Andolan v Union of India Narmada
Bachao Andolan v Union of India AIR 2000 SC 3751 [LNIND 2000 SC 1361] [LNIND 2000 SC 1361] [LNIND 2000 SC 1361]at
3804, Narmada Bachao Andolan v Union of India Narmada Bachao Andolan v Union of India Narmada Bachao Andolan v
Union of India (2000) 7 Scale 34 [LNIND 2000 SC 1361] [LNIND 2000 SC 1361] [LNIND 2000 SC 1361]; Andhra Pradesh
Pollution Control Board-II v M V Nayudu Andhra Pradesh Pollution Control Board-II v M V Nayudu Andhra Pradesh Pollution
Control Board-II v M V Nayudu [2001] 4 LRI 657, Andhra Pradesh Pollution Control Board-II v M V Nayudu Andhra Pradesh
Pollution Control Board-II v M V Nayudu Andhra Pradesh Pollution Control Board-II v M V Nayudu (2001) 2 SCC 62 [LNIND
2000 SC 1720] [LNIND 2000 SC 1720] [LNIND 2000 SC 1720] at 69-70.
4 Chameli Singh v State of Uttar Pradesh Chameli Singh v State of Uttar Pradesh Chameli Singh v State of Uttar Pradesh AIR
1996 SC 1051 [LNIND 1995 SC 1370] [LNIND 1995 SC 1370] [LNIND 1995 SC 1370]at 1053, Chameli Singh v State of Uttar
Pradesh Chameli Singh v State of Uttar Pradesh Chameli Singh v State of Uttar Pradesh (1996) 2 SCC 549 [LNIND 1995 SC
1370] [LNIND 1995 SC 1370] [LNIND 1995 SC 1370].
5 Virender Gaur v State of Haryana Virender Gaur v State of Haryana Virender Gaur v State of Haryana (1995) 2 SCC 577 at
581.
581; M C Mehta v Kamalnath M C Mehta v Kamalnath M C Mehta v Kamalnath [2000] 3 LRI 177, M C Mehta v Kamalnath M
C Mehta v Kamalnath M C Mehta v Kamalnath AIR 2000 SC 1997 [LNIND 2000 SC 893] [LNIND 2000 SC 893] [LNIND 2000
SC 893]at 2001.
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7 See note 5 above.
8 See note 2 above.
9 Subhash Kumar v State of Bihar Subhash Kumar v State of Bihar Subhash Kumar v State of Bihar AIR 1991 SC 420 [LNIND
1991 SC 13] [LNIND 1991 SC 13] [LNIND 1991 SC 13]at 424, Subhash Kumar v State of Bihar Subhash Kumar v State of
Bihar Subhash Kumar v State of Bihar (1991) 1 SCC 598 [LNIND 1991 SC 13] [LNIND 1991 SC 13] [LNIND 1991 SC 13],
Subhash Kumar v State of Bihar Subhash Kumar v State of Bihar Subhash Kumar v State of Bihar [1991] 1 SCR 5 [LNIND
1991 SC 13] [LNIND 1991 SC 13] [LNIND 1991 SC 13](the petition may be filed under the Constitution of India art 32).
10 See note 9 above.
11 Narmada Bachao Andolan v Union of India Narmada Bachao Andolan v Union of India Narmada Bachao Andolan v Union
of India [2000] 4 LRI 696, Narmada Bachao Andolan v Union of India Narmada Bachao Andolan v Union of India Narmada
Union of India (2000) 7 Scale 34 [LNIND 2000 SC 1361] [LNIND 2000 SC 1361] [LNIND 2000 SC 1361].

AND GENERAL PRINCIPLES/(2) FUNDAMENTAL RIGHTS/[135.007] Trade and environment
[135.007] Trade and environment The fundamental right to carry on trade1 is subject to reasonable
restrictions for protection of the environment2. Thus, a direction requiring traders in old and used gunny bags
who were causing air pollution to shift out of a locality was held to be valid3. The authorities were justified in
restraining shrimp farms from operating when it was found that the activity was destroying the irrigation
system and polluting the water meant for irrigation4.
1 Constitution of India art 19(1)(g).
2 Sushila Saw Mill v State of Orissa Sushila Saw Mill v State of Orissa Sushila Saw Mill v State of Orissa AIR 1995 SC 2484
[LNIND 1995 SC 744] [LNIND 1995 SC 744] [LNIND 1995 SC 744], Sushila Saw Mill v State of Orissa Sushila Saw Mill v State
of Orissa Sushila Saw Mill v State of Orissa (1995) 5 SCC 615 [LNIND 1995 SC 744] [LNIND 1995 SC 744] [LNIND 1995 SC
744], Sushila Saw Mill v State of Orissa Sushila Saw Mill v State of Orissa Sushila Saw Mill v State of Orissa (1995) 3 SCJ
586; Abhilash Textiles v Rajkot Municipal Corpn Abhilash Textiles v Rajkot Municipal Corpn Abhilash Textiles v Rajkot
Municipal Corpn AIR 1988 Guj 57, Abhilash Textiles v Rajkot Municipal Corpn Abhilash Textiles v Rajkot Municipal Corpn
Abhilash Textiles v Rajkot Municipal Corpn (1987) 2 Guj LH, Abhilash Textiles v Rajkot Municipal Corpn Abhilash Textiles v
Rajkot Municipal Corpn Abhilash Textiles v Rajkot Municipal Corpn (1987) (2) Guj LR 1325.
3 Andhra Pradesh Gunnies Merchants' Association, Hyderabad v Government of Andhra Pradesh Andhra Pradesh Gunnies
Merchants' Association, Hyderabad v Government of Andhra Pradesh Andhra Pradesh Gunnies Merchants' Association,
Hyderabad v Government of Andhra Pradesh AIR 2001 AP 453 [LNIND 2001 AP 569] [LNIND 2001 AP 569] [LNIND 2001 AP
569].
4 Karanam Radha Krishnaiah v Mandal Executive Magistrate and Mandal Revenue Officer, Muthukur Mandal Karanam Radha
Krishnaiah v Mandal Executive Magistrate and Mandal Revenue Officer, Muthukur Mandal Karanam Radha Krishnaiah v
Mandal Executive Magistrate and Mandal Revenue Officer, Muthukur Mandal AIR 2001 AP 190 [LNIND 2001 AP 232] [LNIND
2001 AP 232] [LNIND 2001 AP 232].

AND GENERAL PRINCIPLES/(3) FUNDAMENTAL DUTIES/[135.008] Duty on citizens
[135.008] Duty on citizens Every citizen has a fundamental duty to protect and improve the natural
environment including forests, lakes, rivers and wild life and to have compassion for living creatures1. The
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duty on every citizen to protect the environment creates a right in favour of the citizen to move the court and
ensure that the state discharges its primary environmental obligations2. A court dealing with ecological
issues must have regard to this fundamental duty3.
1 Constitution of India art 51A(g) (inserted by the Constitution (Forty-Second Amendment) Act 1976). Also see [135.005],
[135.009].
2 L K Koolwal v State of Rajasthan L K Koolwal v State of Rajasthan L K Koolwal v State of Rajasthan AIR 1988 Raj 2 at 4;
Arvind Textiles v State of Rajasthan Arvind Textiles v State of Rajasthan Arvind Textiles v State of Rajasthan AIR 1994 Raj 195
at 197.
3 Sachidanand Pandey v State of West Bengal Sachidanand Pandey v State of West Bengal Sachidanand Pandey v State of
West Bengal AIR 1987 SC 1109 [LNIND 1987 SC 159] [LNIND 1987 SC 159] [LNIND 1987 SC 159]at 1114, Sachidanand
Pandey v State of West Bengal Sachidanand Pandey v State of West Bengal Sachidanand Pandey v State of West Bengal
(1987) 2 SCC 295 [LNIND 1987 SC 159] [LNIND 1987 SC 159] [LNIND 1987 SC 159], Sachidanand Pandey v State of West
Bengal Sachidanand Pandey v State of West Bengal Sachidanand Pandey v State of West Bengal (1987) JT 425 [LNIND 1987
SC 470] [LNIND 1987 SC 470] [LNIND 1987 SC 470].

AND GENERAL PRINCIPLES/(4) DIRECTIVE PRINCIPLES/[135.009] Duty on state
[135.009] Duty on state The directive principles of state policy1 cast a duty upon the state2 to endeavour to
protect and improve the environment and to safeguard the forests and wild life of the country3. The directive
principles impose an obligation on the government, including courts, to improve the public health and protect
the environment4. Although the directive principles of state policy are not enforceable by any court5; in
several environmental cases, the courts have been guided by the language of the directive principle to
protect and improve the environment6. Thus, a court must not reject an ecological case on the ground that it
concerns matters of policy and must examine whether appropriate environmental considerations have been
taken care of and irrelevancies excluded by the decision making authority7. There is a further obligation on
the state to protect every monument or place or object of artistic or historic interest declared by or under any
law made by Parliament to be of national importance from spoilage, disfigurement or destruction8.
1 Constitution of India arts 36-51 cover the directive principles of state policy.
2 Constitution of India art 1 defines the expression 'state' to include the Central Government, Parliament, the state governments
and state legislatures and all local or other authorities within India or under the control of the government of India.
3 Constitution of India art 48A (inserted by the Constitution (Forty-Second Amendment) Act 1976). Also see [135.005],
[135.008].
4 M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India (2002) 4 SCC 356 [LNIND 1996 SC
2207] [LNIND 1996 SC 2207] [LNIND 1996 SC 2207] at 362; T Damodar Rao v The Special Officer, Municipal Corpn of
Hyderabad T Damodar Rao v The Special Officer, Municipal Corpn of Hyderabad T Damodar Rao v The Special Officer,
Municipal Corpn of Hyderabad AIR 1987 AP 171 [LNIND 1987 AP 17] [LNIND 1987 AP 17] [LNIND 1987 AP 17]at 181.
580; MC Mehta v Kamal Nath MC Mehta v Kamal Nath MC Mehta v Kamal Nath [2000] 3 LRI 177, MC Mehta v Kamal Nath
MC Mehta v Kamal Nath MC Mehta v Kamal Nath AIR 2000 SC 1997 [LNIND 2000 SC 893] [LNIND 2000 SC 893] [LNIND
2000 SC 893]at 2001; Indian Council for Enviro-Legal Action v Union of India Indian Council for Enviro-Legal Action v Union of
India Indian Council for Enviro-Legal Action v Union of India AIR 1996 SC 1446 [LNIND 1996 SC 353] [LNIND 1996 SC 353]
[LNIND 1996 SC 353], Indian Council for Enviro-Legal Action v Union of India Indian Council for Enviro-Legal Action v Union of
India Indian Council for Enviro-Legal Action v Union of India (1996) 3 SCC 212 [LNIND 1996 SC 353] [LNIND 1996 SC 353]
[LNIND 1996 SC 353], Indian Council for Enviro-Legal Action v Union of India Indian Council for Enviro-Legal Action v Union of
India Indian Council for Enviro-Legal Action v Union of India (1996) 2 JT 196; M C Mehta v Union of India M C Mehta v Union
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of India M C Mehta v Union of India AIR 1988 SC 1037 [LNIND 1987 SC 663] [LNIND 1987 SC 663] [LNIND 1987 SC 663]at
1038, M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India (1987) 4 SCC 463 [LNIND 1987 SC
663] [LNIND 1987 SC 663] [LNIND 1987 SC 663], M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union
of India (1987) 4 JT 630; Rural Litigation and Entitlement Kendra v State of Uttar Pradesh Rural Litigation and Entitlement
Kendra v State of Uttar Pradesh Rural Litigation and Entitlement Kendra v State of Uttar Pradesh AIR 1988 SC 2187 [LNIND
1988 SC 677] [LNIND 1988 SC 677] [LNIND 1988 SC 677]at 2199, Rural Litigation and Entitlement Kendra v State of Uttar
Pradesh Rural Litigation and Entitlement Kendra v State of Uttar Pradesh Rural Litigation and Entitlement Kendra v State of
Uttar Pradesh (1989) Supp 1 SCC 504, Rural Litigation and Entitlement Kendra v State of Uttar Pradesh Rural Litigation and
Entitlement Kendra v State of Uttar Pradesh Rural Litigation and Entitlement Kendra v State of Uttar Pradesh [1988] Supp 2
SCR 690; Kinkri Devi v State of Himachal Pradesh Kinkri Devi v State of Himachal Pradesh Kinkri Devi v State of Himachal
Pradesh AIR 1988 HP 4 [LNIND 1987 HP 2] [LNIND 1987 HP 2] [LNIND 1987 HP 2]at 8, Kinkri Devi v State of Himachal
Pradesh Kinkri Devi v State of Himachal Pradesh Kinkri Devi v State of Himachal Pradesh (1988) 1 Sim LC 32.
7 Sachidanand Pandey v State of West Bengal Sachidanand Pandey v State of West Bengal Sachidanand Pandey v State of
West Bengal AIR 1987 SC 1109 [LNIND 1987 SC 159] [LNIND 1987 SC 159] [LNIND 1987 SC 159]at 1115, Sachidanand
Pandey v State of West Bengal Sachidanand Pandey v State of West Bengal Sachidanand Pandey v State of West Bengal
(1987) 2 SCC 295 [LNIND 1987 SC 159] [LNIND 1987 SC 159] [LNIND 1987 SC 159], Sachidanand Pandey v State of West
Bengal Sachidanand Pandey v State of West Bengal Sachidanand Pandey v State of West Bengal (1987) JT 425 [LNIND 1987
SC 470] [LNIND 1987 SC 470] [LNIND 1987 SC 470].

AND GENERAL PRINCIPLES/(5) PRECEDENTS/[135.010] In general
[135.010] In general The Supreme Court has derived, adopted and applied the following principles in
environmental cases:
(1) Enforcement agencies are under an obligation to strictly enforce environmental laws1.
(2) Government agencies may not plead non-availability of funds, inadequacy of staff or other
insufficiencies to justify the non-performance of their obligations to keep the municipalities
clean2.
(3) The polluter pays principle3 is a part of the basic environmental law of the land and requires
that a polluter bear the remedial or clean-up costs as well as the amounts payable to
compensate the victims of pollution4.
(4) The precautionary principle5 requires government authorities to anticipate, prevent and attack
the causes of environmental pollution. This principle also places the onus of proof on the
developer or industrialist to show that her action is environmentally benign6.
(5) Government development agencies charged with decision-making must give due regard to the
following three ecological factors:
(a) the environmental policy of the Central and state government;
(b) the sustainable development7 and utilisation of natural resources which requires that
development must take place in an ecologically sustainable manner; and
(c) the concept of intergenerational equity8, that is the obligation of the present generation
to preserve natural resources and to pass on an environment inherited from the previous
generation to future generations9.
(6) Stringent action must be taken against contumacious defaulters and persons who carry on
industrial or development activity for profit without regard to environmental laws10.
(7) The power conferred under a town planning or an environmental statute must not be exercised
for a purpose that would defeat the object of the law11.
(8) The State is the trustee of all natural resources which are by nature meant for public use and
enjoyment. The public is the beneficiary of the seashore, running waters, air, forests and
ecologically fragile lands. These resources cannot be converted into private ownership12.
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1 Indian Council for Enviro-Legal Action v Union of India Indian Council for Enviro-Legal Action v Union of India Indian Council
for Enviro-Legal Action v Union of India (1996) 5 SCC 281 [LNIND 1996 SC 353] [LNIND 1996 SC 353] [LNIND 1996 SC 353]
at 294, Indian Council for Enviro-Legal Action v Union of India Indian Council for Enviro-Legal Action v Union of India Indian
Council for Enviro-Legal Action v Union of India (1996) 3 Scale 579, Indian Council for Enviro-Legal Action v Union of India
Indian Council for Enviro-Legal Action v Union of India Indian Council for Enviro-Legal Action v Union of India (1996) 4 JT 263.
2 B L Wadehra v Union of India B L Wadehra v Union of India B L Wadehra v Union of India AIR 1996 SC 2969 [LNIND 1996
SC 522] [LNIND 1996 SC 522] [LNIND 1996 SC 522]at 2976, B L Wadehra v Union of India B L Wadehra v Union of India B L
Wadehra v Union of India (1996) 2 SCC 594 [LNIND 1996 SC 522] [LNIND 1996 SC 522] [LNIND 1996 SC 522], B L Wadehra
v Union of India B L Wadehra v Union of India B L Wadehra v Union of India (1996) 3 JT 38.
3 As to the polluter pays principle see [135.185].
for Enviro-Legal Action v Union of India AIR 1996 SC 1446 [LNIND 1996 SC 353] [LNIND 1996 SC 353] [LNIND 1996 SC 353],
Indian Council for Enviro-Legal Action v Union of India Indian Council for Enviro-Legal Action v Union of India Indian Council for
Enviro-Legal Action v Union of India (1996) 3 SCC 212 [LNIND 1996 SC 353] [LNIND 1996 SC 353] [LNIND 1996 SC 353],
Enviro-Legal Action v Union of India (1996) 2 JT 196; M C Mehta v Union of India M C Mehta v Union of India M C Mehta v
Union of India (2002) 4 SCC 356 [LNIND 1996 SC 2207] [LNIND 1996 SC 2207] [LNIND 1996 SC 2207] at 364; M C Mehta v
Kamal Nath M C Mehta v Kamal Nath M C Mehta v Kamal Nath [2000] 3 LRI 177, M C Mehta v Kamal Nath M C Mehta v
Kamal Nath M C Mehta v Kamal Nath AIR 2000 SC 1997 [LNIND 2000 SC 893] [LNIND 2000 SC 893] [LNIND 2000 SC 893]at
2001; S Jagannath v Union of India S Jagannath v Union of India S Jagannath v Union of India AIR 1997 SC 811 [LNIND 1996
SC 2974] [LNIND 1996 SC 2974] [LNIND 1996 SC 2974], S Jagannath v Union of India S Jagannath v Union of India S
Jagannath v Union of India (1997) 2 SCC 87 [LNIND 1996 SC 2974] [LNIND 1996 SC 2974] [LNIND 1996 SC 2974], S
Jagannath v Union of India S Jagannath v Union of India S Jagannath v Union of India (1997) 1 JT 160; Vellore Citizens'
Welfare Forum v Union of India Vellore Citizens' Welfare Forum v Union of India Vellore Citizens' Welfare Forum v Union of
India AIR 1996 SC 2715 [LNIND 1996 SC 1344] [LNIND 1996 SC 1344] [LNIND 1996 SC 1344]at 2721, Vellore Citizens'
India (1996) 5 SCC 647 [LNIND 1996 SC 1344] [LNIND 1996 SC 1344] [LNIND 1996 SC 1344], Vellore Citizens' Welfare
Forum v Union of India Vellore Citizens' Welfare Forum v Union of India Vellore Citizens' Welfare Forum v Union of India (1996)
7 JT 375.
5 As to the precautionary principle see [135.184].
6 Vellore Citizens' Welfare Forum v Union of India Vellore Citizens' Welfare Forum v Union of India Vellore Citizens' Welfare
Forum v Union of India AIR 1996 SC 2715 [LNIND 1996 SC 1344] [LNIND 1996 SC 1344] [LNIND 1996 SC 1344]at 2721,
Vellore Citizens' Welfare Forum v Union of India Vellore Citizens' Welfare Forum v Union of India Vellore Citizens' Welfare
Forum v Union of India (1996) 5 SCC 647 [LNIND 1996 SC 1344] [LNIND 1996 SC 1344] [LNIND 1996 SC 1344], Vellore
Citizens' Welfare Forum v Union of India Vellore Citizens' Welfare Forum v Union of India Vellore Citizens' Welfare Forum v
Union of India (1996) 7 JT 375; M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India (2002) 4
SCC 356 [LNIND 1996 SC 2207] [LNIND 1996 SC 2207] [LNIND 1996 SC 2207] at 364; Andhra Pradesh Pollution Control
Board II v M V Nayudu Andhra Pradesh Pollution Control Board II v M V Nayudu Andhra Pradesh Pollution Control Board II v M
V Nayudu (2001) 2 SCC 62 [LNIND 2000 SC 1720] [LNIND 2000 SC 1720] [LNIND 2000 SC 1720] at 83; Andhra Pradesh
Pollution Control Board v M V Nayudu Andhra Pradesh Pollution Control Board v M V Nayudu Andhra Pradesh Pollution
Control Board v M V Nayudu [1999] 1 LRI 185, Andhra Pradesh Pollution Control Board v M V Nayudu Andhra Pradesh
Pollution Control Board v M V Nayudu Andhra Pradesh Pollution Control Board v M V Nayudu AIR 1999 SC 812 [LNIND 1999
SC 65] [LNIND 1999 SC 65] [LNIND 1999 SC 65]at 820, Andhra Pradesh Pollution Control Board v M V Nayudu Andhra
Pradesh Pollution Control Board v M V Nayudu Andhra Pradesh Pollution Control Board v M V Nayudu (1999) 2 SCC 718
[LNIND 1999 SC 65] [LNIND 1999 SC 65] [LNIND 1999 SC 65]; S Jagannath v Union of India S Jagannath v Union of India S
Jagannath v Union of India AIR 1997 SC 811 [LNIND 1996 SC 2974] [LNIND 1996 SC 2974] [LNIND 1996 SC 2974], S
Jagannath v Union of India S Jagannath v Union of India S Jagannath v Union of India (1997) 2 SCC 87 [LNIND 1996 SC 2974]
[LNIND 1996 SC 2974] [LNIND 1996 SC 2974], S Jagannath v Union of India S Jagannath v Union of India S Jagannath v
Union of India (1997) 1 JT 160.
7 As to sustainable development see [135.183].
8 As to intergenerational equity see [135.187].
9 State of Himachal Pradesh v Ganesh Wood Products State of Himachal Pradesh v Ganesh Wood Products State of
Himachal Pradesh v Ganesh Wood Products AIR 1996 SC 149 [LNIND 1995 SC 897] [LNIND 1995 SC 897] [LNIND 1995 SC
897], State of Himachal Pradesh v Ganesh Wood Products State of Himachal Pradesh v Ganesh Wood Products State of
Himachal Pradesh v Ganesh Wood Products (1995) 6 SCC 363 [LNIND 1995 SC 897] [LNIND 1995 SC 897] [LNIND 1995 SC
Himachal Pradesh v Ganesh Wood Products (1995) 5 Scale 303 [LNIND 1995 SC 897] [LNIND 1995 SC 897] [LNIND 1995 SC
897]; Andhra Pradesh Pollution Control Board v M V Nayudu Andhra Pradesh Pollution Control Board v M V Nayudu Andhra
10 10
Page
Pradesh Pollution Control Board v M V Nayudu [1999] 1 LRI 185, Andhra Pradesh Pollution Control Board v M V Nayudu
Andhra Pradesh Pollution Control Board v M V Nayudu Andhra Pradesh Pollution Control Board v M V Nayudu AIR 1994 SC
812 at 824, Andhra Pradesh Pollution Control Board v M V Nayudu Andhra Pradesh Pollution Control Board v M V Nayudu
Andhra Pradesh Pollution Control Board v M V Nayudu (1999) 2 SCC 718 [LNIND 1999 SC 65] [LNIND 1999 SC 65] [LNIND
1999 SC 65].
Enviro-Legal Action v Union of India (1996) 2 JT 196; M I Builders Pvt Ltd v Radhey Shyam Sahu M I Builders Pvt Ltd v
Radhey Shyam Sahu M I Builders Pvt Ltd v Radhey Shyam Sahu AIR 1999 SC 2468 [LNIND 1999 SC 612] [LNIND 1999 SC
612] [LNIND 1999 SC 612]at 2505, M I Builders Pvt Ltd v Radhey Shyam Sahu M I Builders Pvt Ltd v Radhey Shyam Sahu M I
Builders Pvt Ltd v Radhey Shyam Sahu (1999) 6 SCC 464 [LNIND 1999 SC 612] [LNIND 1999 SC 612] [LNIND 1999 SC 612],
M I Builders Pvt Ltd v Radhey Shyam Sahu M I Builders Pvt Ltd v Radhey Shyam Sahu M I Builders Pvt Ltd v Radhey Shyam
Sahu (1999) 5 JT 42 [LNIND 1999 SC 612] [LNIND 1999 SC 612] [LNIND 1999 SC 612]; Pleasant Stay Hotel v Palani Hills
Conservation Council Pleasant Stay Hotel v Palani Hills Conservation Council Pleasant Stay Hotel v Palani Hills Conservation
Council (1995) 6 SCC 127 [LNIND 1995 SC 918] [LNIND 1995 SC 918] [LNIND 1995 SC 918] at 139; Pratibha Co-operative
Housing Society Ltd v State of Maharashtra Pratibha Co-operative Housing Society Ltd v State of Maharashtra Pratibha
Co-operative Housing Society Ltd v State of Maharashtra AIR 1991 SC 1453 [LNIND 1991 SC 278] [LNIND 1991 SC 278]
[LNIND 1991 SC 278]at 1456, Pratibha Co-operative Housing Society Ltd v State of Maharashtra Pratibha Co-operative
Housing Society Ltd v State of Maharashtra Pratibha Co-operative Housing Society Ltd v State of Maharashtra (1991) 3 SCC
341 [LNIND 1991 SC 278] [LNIND 1991 SC 278] [LNIND 1991 SC 278], Pratibha Co-operative Housing Society Ltd v State of
Maharashtra Pratibha Co-operative Housing Society Ltd v State of Maharashtra Pratibha Co-operative Housing Society Ltd v
State of Maharashtra AIR 1991 SCW 1354.
11 Bangalore Medical Trust v B S Muddappa Bangalore Medical Trust v B S Muddappa Bangalore Medical Trust v B S
Muddappa AIR 1991 SC 1902 [LNIND 1991 SC 315] [LNIND 1991 SC 315] [LNIND 1991 SC 315]at 1911-1924, Bangalore
Medical Trust v B S Muddappa Bangalore Medical Trust v B S Muddappa Bangalore Medical Trust v B S Muddappa (1991) 4
SCC 54 [LNIND 1991 SC 315] [LNIND 1991 SC 315] [LNIND 1991 SC 315], Bangalore Medical Trust v B S Muddappa
Bangalore Medical Trust v B S Muddappa Bangalore Medical Trust v B S Muddappa (1991) 3 JT 172; Virender Gaur v State of
Haryana Virender Gaur v State of Haryana Virender Gaur v State of Haryana (1995) 2 SCC 577 at 583; Indian Council for
Enviro-Legal Action v Union of India Indian Council for Enviro-Legal Action v Union of India Indian Council for Enviro-Legal
Action v Union of India (1996) 5 SCC 281 [LNIND 1996 SC 353] [LNIND 1996 SC 353] [LNIND 1996 SC 353] at 294, Indian
Council for Enviro-Legal Action v Union of India Indian Council for Enviro-Legal Action v Union of India Indian Council for
Enviro-Legal Action v Union of India (1996) 3 Scale 579, Indian Council for Enviro-Legal Action v Union of India Indian Council
for Enviro-Legal Action v Union of India Indian Council for Enviro-Legal Action v Union of India (1996) 4 JT 263.
12 M C Mehta v Kamal Nath M C Mehta v Kamal Nath M C Mehta v Kamal Nath (1997) 1 SCC 388 [LNIND 1996 SC 2131]
[LNIND 1996 SC 2131] [LNIND 1996 SC 2131]; M I Builders Pvt Ltd v Radhey Shyam Sahu M I Builders Pvt Ltd v Radhey
Shyam Sahu M I Builders Pvt Ltd v Radhey Shyam Sahu AIR 1999 SC 2468 [LNIND 1999 SC 612] [LNIND 1999 SC 612]
[LNIND 1999 SC 612]at 2498, M I Builders Pvt Ltd v Radhey Shyam Sahu M I Builders Pvt Ltd v Radhey Shyam Sahu M I
Builders Pvt Ltd v Radhey Shyam Sahu (1999) 6 SCC 464 [LNIND 1999 SC 612] [LNIND 1999 SC 612] [LNIND 1999 SC 612],
M I Builders Pvt Ltd v Radhey Shyam Sahu M I Builders Pvt Ltd v Radhey Shyam Sahu M I Builders Pvt Ltd v Radhey Shyam
Sahu (1999) 5 JT 42 [LNIND 1999 SC 612] [LNIND 1999 SC 612] [LNIND 1999 SC 612].

(Environment; Misrepresentation and Fraud)/[135] ENVIRONMENT/3. COMMON LAW, NUISANCE AND
EASEMENTS/(1) COMMON LAW/[135.011] Right to clean environment
[135.011] Right to clean environment The inalienable common law right to a clean environment is the
source of constitutional and statutory provisions that protects a person's right to fresh air, clean water and a
pollution free environment. The right of a person in India to a pollution free environment is a part of the basic
jurisprudence of the land. The Indian legal system is partly founded on the laws of England which regards
activities that render the air unwholesome or pollute water as an actionable nuisance1.
11 11
Page
Union of India (1996) 7 JT 375.

EASEMENTS/(1) COMMON LAW/[135.012] Common law remedies
[135.012] Common law remedies The common law recognises the following heads of liability to redress
environmental wrongs:
(1) nuisance1:
(a) private2;
(b) public3;
(2) negligence4;
(3) strict liability5; and
(4) absolute liability6.
1 As to common law remedies see [135.012].
2 As to private nuisance see [135.014].
3 As to public nuisance see [135.015] and [135.016].
4 As to negligence see [135.017].
5 See [135.018].
6 See [135.019].

EASEMENTS/(2) NUISANCE/A. GENERALLY/[135.013] In general
[135.013] In general There are two kinds of nuisance, namely, private1 and public nuisance2. A private
nuisance is a substantial and unreasonable interference with the use and enjoyment of land3. A public
nuisance injures, annoys or interferes with the quality of life of a class of persons who come within its
neighbourhood. It is both a crime and a tort. Though the magistrate's powers appear discretionary, once the
magistrate has evidence of a public nuisance before him, it is mandatory that he direct removal of the
nuisance4. An action for private tort can be maintained against a public nuisance where the plaintiff has
suffered a particular damage beyond that suffered by all the other persons affected by the nuisance5.
1 As to private nuisance actions see [135.014].
2 As to the meaning of public nuisance see [135.015] and [135.016].
3 Ram Baj Singh v Babulal Ram Baj Singh v Babulal Ram Baj Singh v Babulal AIR 1982 All 285 at 287.
4 Municipal Council, Ratlam v Vardhichand Municipal Council, Ratlam v Vardhichand Municipal Council, Ratlam v Vardhichand
AIR 1980 SC 1622 [LNIND 1980 SC 287] [LNIND 1980 SC 287] [LNIND 1980 SC 287]at 1628, Municipal Council, Ratlam v
12 12
Page
Vardhichand Municipal Council, Ratlam v Vardhichand Municipal Council, Ratlam v Vardhichand (1980) 4 SCC 162 [LNIND
1980 SC 287] [LNIND 1980 SC 287] [LNIND 1980 SC 287], Municipal Council, Ratlam v Vardhichand Municipal Council,
Ratlam v Vardhichand Municipal Council, Ratlam v Vardhichand (1980) Cr LJ 1075.
5 See note 1 above.

EASEMENTS/(2) NUISANCE/B. PRIVATE NUISANCE/[135.014] Private nuisance
[135.014] Private nuisance In order to be an actionable nuisance, the conduct of the defendant must be
unreasonable although the consequences of a person's actions on his or her own property may extend to the
property of another person1. The remedies for a private nuisance are abatement2, damages3 and injunction4.
In order to obtain an injunction, it must be shown that the injury complained of is such that it cannot be
adequately compensated in damages by reason of its gravity or its permanent character or both. If the injury
is continuous, an injunction will not be refused because the actual damage arising from it is slight5. In
deciding whether the air has been polluted to an extent that it has ceased to be comfortable, the court will
apply the test of a reasonable person living in a locality. Hence, a medical practitioner is entitled to restrain
the operation of a brick-grinding machine that generates dust, pollutes the atmosphere and causes
inconvenience to him and the patients visiting his consulting chamber6. Smoke and fumes that materially
interfere with ordinary comfort are enough to constitute an actionable nuisance and actual injury to health
need not be proved. Moreover, the existence of other sources of discomfort in the neighbourhood is no
defence provided that the source complained of materially adds to the discomfort. The fact that the nuisance
existed before the plaintiff occupied his premises would not relieve the defendant unless the defendant
shows that he had acquired a prescriptive right to emit smoke7. Constant noise that is abnormal or unusual
would be an actionable nuisance where it caused substantial discomfort8. The plaintiff was held entitled to an
injunction and damages where the defendant discharged foul-smelling and noxious industrial refuse into a
drain that passed along the plaintiff's garden property. The defendant's action had damaged the plaintiff's
health, caused discomfort and had reduced the value of his garden9.
1 Ram Baj Singh v Babulal Ram Baj Singh v Babulal Ram Baj Singh v Babulal AIR 1982 All 285.
2 See the Code of Civil Procedure 1908 O 22 (see CIVIL PROCEDURE [65-252]).
3 See the Specific Relief Act 1963 s 40 (perpetual injunction) (see INJUNCTION [170-109]). See generally [115] DAMAGES.
4 See the Code of Civil Procedure 1908 O 39 (temporary injunction) (see CIVIL PROCEDURE [65.385]-[65.396]); the Specific
Relief Act 1963 ss 36-42(perpetual injunction) (see INJUNCTION [170.076]-[170.077] and following).
5 Kuldip Singh v Subhash Chander Jain Kuldip Singh v Subhash Chander Jain Kuldip Singh v Subhash Chander Jain AIR
2000 SC 1410 [LNIND 2000 SC 527] [LNIND 2000 SC 527] [LNIND 2000 SC 527]at 1413, Kuldip Singh v Subhash Chander
Jain Kuldip Singh v Subhash Chander Jain Kuldip Singh v Subhash Chander Jain (2000) 3 JT 526 [LNIND 2000 SC 527]
[LNIND 2000 SC 527] [LNIND 2000 SC 527], Kuldip Singh v Subhash Chander Jain Kuldip Singh v Subhash Chander Jain
Kuldip Singh v Subhash Chander Jain (2000) 2 Scale 584 [LNIND 2000 SC 527] [LNIND 2000 SC 527] [LNIND 2000 SC 527].
6 See note 1 above.
7 B Venkatappa v B Lovis B Venkatappa v B Lovis B Venkatappa v B Lovis AIR 1986 AP 239 [LNIND 1984 AP 41] [LNIND
1984 AP 41] [LNIND 1984 AP 41]at 240, B Venkatappa v B Lovis B Venkatappa v B Lovis B Venkatappa v B Lovis (1984) 2
Andh WR 297. A prescriptive right may be acquired under the Indian Easements Act 1882 s 15 (see further PROPERTY AND
EASEMENTS [240-744]-[240-748]).
8 Radhey Shiam v Gur Prasad Serma Radhey Shiam v Gur Prasad Serma Radhey Shiam v Gur Prasad Serma AIR 1978 All
86 at 88, Radhey Shiam v Gur Prasad Serma Radhey Shiam v Gur Prasad Serma Radhey Shiam v Gur Prasad Serma (1978)
All WC 2; Dhannalal v Chittarsingh Mehtapsingh Dhannalal v Chittarsingh Mehtapsingh Dhannalal v Chittarsingh Mehtapsingh
AIR 1959 MP 240 [LNIND 1957 MP 83] [LNIND 1957 MP 83] [LNIND 1957 MP 83], Dhannalal v Chittarsingh Mehtapsingh
Dhannalal v Chittarsingh Mehtapsingh Dhannalal v Chittarsingh Mehtapsingh (1958) Jab LJ 110, Dhannalal v Chittarsingh
13 13
Page
Mehtapsingh Dhannalal v Chittarsingh Mehtapsingh Dhannalal v Chittarsingh Mehtapsingh (1958) MPLJ 114.
9 JC Galstaun v Dunia Lal Seal JC Galstaun v Dunia Lal Seal JC Galstaun v Dunia Lal Seal (1905) 9 Cal WN 612.

EASEMENTS/(2) NUISANCE/C. PUBLIC NUISANCE/[135.015] Public nuisance
[135.015] Public nuisance Public nuisance is an unreasonable interference with the general right of the
public1. The remedies for a public nuisance are:
(1) a criminal prosecution for the offence of causing a public nuisance;

(2) a criminal proceeding before a magistrate for removing a public nuisance2; and
(3) a civil action by the Advocate General or by two or more members of the public with
permission of the court for a declaration, an injunction or both3.
A nuisance is not excused on the ground that it results in some convenience or advantage4.
1 Indian Penal Code 1860 s 268 (see also [105] CRIMINAL LAW AND PROCEDURE).
2 Code of Criminal Procedure 1973 ss 133-144 (see also [105] CRIMINAL LAW AND PROCEDURE). See also Municipal
Council, Ratlam v Vardhichand Municipal Council, Ratlam v Vardhichand Municipal Council, Ratlam v Vardhichand AIR 1980
SC 1622 [LNIND 1980 SC 287] [LNIND 1980 SC 287] [LNIND 1980 SC 287]at 1628, Municipal Council, Ratlam v Vardhichand
Municipal Council, Ratlam v Vardhichand Municipal Council, Ratlam v Vardhichand (1980) 4 SCC 162 [LNIND 1980 SC 287]
[LNIND 1980 SC 287] [LNIND 1980 SC 287], Municipal Council, Ratlam v Vardhichand Municipal Council, Ratlam v
Vardhichand Municipal Council, Ratlam v Vardhichand (1980) Cr LJ 1075.
3 Code of Civil Procedure 1908 s 91 (see also CIVIL PROCEDURE [65.194] and following). See further INJUNCTION
[170.072]-[170.074].
4 See note 1 above.

EASEMENTS/(2) NUISANCE/C. PUBLIC NUISANCE/[135.016] Environmental problems as public nuisance
[135.016] Environmental problems as public nuisance The powers of the magistrate to order the removal
of a public nuisance has been exercised to remedy environmental problems such as unhygienic and
insanitary conditions in a municipality1, smoke from a bakery2, air pollution caused by industrial emissions3,
dust particles from a fodder depot4 and damage from flying stone chips caused by the blasting of rocks at a
quarry5. However, a magistrate has no jurisdiction to entertain private disputes between neighbours and the
remedy in such a case would be an action in tort and not a proceeding in public nuisance6. The powers of a
magistrate to deal with pollution under the Code of Criminal Procedure 19737 are not curtailed by the
provisions of the Air (Prevention and Control of Pollution) Act 19818 or the Water (Prevention and Control of
Pollution) Act 19749.
1 Municipal Council, Ratlam v Vardhichand Municipal Council, Ratlam v Vardhichand Municipal Council, Ratlam v Vardhichand
AIR 1980 SC 1622 [LNIND 1980 SC 287] [LNIND 1980 SC 287] [LNIND 1980 SC 287]at 1628, Municipal Council, Ratlam v
Vardhichand Municipal Council, Ratlam v Vardhichand Municipal Council, Ratlam v Vardhichand (1980) 4 SCC 162 [LNIND
1980 SC 287] [LNIND 1980 SC 287] [LNIND 1980 SC 287], Municipal Council, Ratlam v Vardhichand Municipal Council,
Ratlam v Vardhichand Municipal Council, Ratlam v Vardhichand (1980) Cr LJ 1075.
14 14
Page
2 Gobind Singh v Shanti Sarup Gobind Singh v Shanti Sarup Gobind Singh v Shanti Sarup AIR 1979 SC 143 [LNIND 1978 SC
252] [LNIND 1978 SC 252] [LNIND 1978 SC 252], Gobind Singh v Shanti Sarup Gobind Singh v Shanti Sarup Gobind Singh v
Shanti Sarup (1979) 2 SCC 267 [LNIND 1978 SC 252] [LNIND 1978 SC 252] [LNIND 1978 SC 252], Gobind Singh v Shanti
Sarup Gobind Singh v Shanti Sarup Gobind Singh v Shanti Sarup [1979] 2 SCR 806.
3 PC Cherian v State of Kerala PC Cherian v State of Kerala PC Cherian v State of Kerala (1981) Ker LT 113; Krishna Gopal v
State of Madhya Pradesh Krishna Gopal v State of Madhya Pradesh Krishna Gopal v State of Madhya Pradesh (1986) Cr LJ
396.
4 Ajeet Mehta v State of Rajasthan Ajeet Mehta v State of Rajasthan Ajeet Mehta v State of Rajasthan (1990) Cr LJ 1596.
5 K Ramachandra Mayya v District Magistrate D K K Ramachandra Mayya v District Magistrate D K K Ramachandra Mayya v
District Magistrate D K (1985) 2 Kant LJ 289.
6 Dhareppa Balappa Gondaj v Sub-divisional Magistrate, Jamkhandi Dhareppa Balappa Gondaj v Sub-divisional Magistrate,
Jamkhandi Dhareppa Balappa Gondaj v Sub-divisional Magistrate, Jamkhandi (1984) 2 Kant LJ 444 at 449-450.
7 As to nuisance see [135.013] and following.
8 As to the Air (Prevention and Control of Pollution) Act 1981 see [135.021].
9 Nagarjuna Paper Mills Ltd v Sub-Divisional Magistrate and Revenue Divisional Officer, Sangareddy, Medak District
Nagarjuna Paper Mills Ltd v Sub-Divisional Magistrate and Revenue Divisional Officer, Sangareddy, Medak District Nagarjuna
Paper Mills Ltd v Sub-Divisional Magistrate and Revenue Divisional Officer, Sangareddy, Medak District (1987) Cr LJ 2071;
Harihar Polyfibers v Sub-Divisional Magistrate Harihar Polyfibers v Sub-Divisional Magistrate Harihar Polyfibers v
Sub-Divisional Magistrate (1997) ILR Kant 1139; Lakshmi Cement v State Lakshmi Cement v State Lakshmi Cement v State
(1994) 2 Raj LW 308; Krishna Panicker v Appukuttan Nair Krishna Panicker v Appukuttan Nair Krishna Panicker v Appukuttan
Nair (1993) 1 Ker LT 771; see contra Executive Apparel Processors, Bangalore v The Taluka Executive Magistrate and
Tehsildar, North Taluk, Bangalore Executive Apparel Processors, Bangalore v The Taluka Executive Magistrate and Tehsildar,
North Taluk, Bangalore Executive Apparel Processors, Bangalore v The Taluka Executive Magistrate and Tehsildar, North
Taluk, Bangalore (1997) 4 Kant LJ 181 [LNIND 1997 KANT 189] [LNIND 1997 KANT 189] [LNIND 1997 KANT 189]. As to the
Water (Prevention and Control of Pollution) Act 1974 see [135.076] and following.

EASEMENTS/(2) NUISANCE/D. GROUNDS FOR LEGAL ACTION/[135.017] Negligence
[135.017] Negligence An action in common law for negligence may be brought to remedy the adverse
effects of environmental pollution. In an action for negligence, the plaintiff must show that:
(1) the defendant was under a duty to take reasonable care to avoid the damage complained of;
(2) there was a breach of this duty; and
(3) the breach of duty caused the damage1.
The degree of care required in a particular case depends on the surrounding circumstances and varies
according to the risk involved and the magnitude of the prospective injury. The plaintiff was entitled to
damages in respect of the loss caused to standing crops and land where the breach of a tank holding
molasses inundated his fields. The court found that the defendant had failed to exercise due care in
maintaining and repairing the tank2.
1 Jay Laxmi Salt Works (Pvt) Ltd v State of Gujarat Jay Laxmi Salt Works (Pvt) Ltd v State of Gujarat Jay Laxmi Salt Works
(Pvt) Ltd v State of Gujarat (1994) 4 SCC 1 at 11; Municipal Corpn of Delhi v Sushila Devi Municipal Corpn of Delhi v Sushila
Devi Municipal Corpn of Delhi v Sushila Devi AIR 1999 SC 1929 [LNIND 1999 SC 1755] [LNIND 1999 SC 1755] [LNIND 1999
SC 1755]at 1932-33, Municipal Corpn of Delhi v Sushila Devi Municipal Corpn of Delhi v Sushila Devi Municipal Corpn of Delhi
v Sushila Devi (1999) 4 SCC 317 [LNIND 1999 SC 1755] [LNIND 1999 SC 1755] [LNIND 1999 SC 1755], Municipal Corpn of
Delhi v Sushila Devi Municipal Corpn of Delhi v Sushila Devi Municipal Corpn of Delhi v Sushila Devi (1999) 3 JT 567. See
generally [285] TORT and [115] DAMAGES.
2 Mukesh Textile Mills (Pvt) Ltd v H R Subramanya Sastry Mukesh Textile Mills (Pvt) Ltd v H R Subramanya Sastry Mukesh
15 15
Page
Textile Mills (Pvt) Ltd v H R Subramanya Sastry AIR 1987 Kant 87 [LNIND 1986 KANT 125] [LNIND 1986 KANT 125] [LNIND
1986 KANT 125], Mukesh Textile Mills (Pvt) Ltd v H R Subramanya Sastry Mukesh Textile Mills (Pvt) Ltd v H R Subramanya
Sastry Mukesh Textile Mills (Pvt) Ltd v H R Subramanya Sastry (1986) ILR Kant 3170, Mukesh Textile Mills (Pvt) Ltd v H R
Subramanya Sastry Mukesh Textile Mills (Pvt) Ltd v H R Subramanya Sastry Mukesh Textile Mills (Pvt) Ltd v H R Subramanya
Sastry (1986) 2 Kant LJ 410.

EASEMENTS/(2) NUISANCE/D. GROUNDS FOR LEGAL ACTION/[135.018] Strict liability
[135.018] Strict liability The rule of strict liability laid down in Rylands v Fletcher1 holds that a person is
strictly liable if he brings or accumulates something likely to cause harm on his land if it escapes and damage
arises as a natural consequence of its escape. The rule has been applied in India to recompense a party
who had suffered damage to his standing crops and land due to the pollution caused by molasses that
escaped when an earthen storage tank collapsed2. However, the rule of strict liability is subject to a number
of exceptions or defences such as an act of God, act of a third party, plaintiff's fault or consent, natural use of
land and statutory authority3.
1 Rylands v Fletcher Rylands v Fletcher Rylands v Fletcher (1868) LR 3 HL 330. See further TORT [285.946] and following.
2 Mukesh Textile Mills (Pvt) Ltd v H R Subramanya Sastry Mukesh Textile Mills (Pvt) Ltd v H R Subramanya Sastry Mukesh
Textile Mills (Pvt) Ltd v H R Subramanya Sastry AIR 1987 Kant 87 [LNIND 1986 KANT 125] [LNIND 1986 KANT 125] [LNIND
1986 KANT 125], Mukesh Textile Mills (Pvt) Ltd v H R Subramanya Sastry Mukesh Textile Mills (Pvt) Ltd v H R Subramanya
Sastry Mukesh Textile Mills (Pvt) Ltd v H R Subramanya Sastry (1986) ILR Kant 3170, Mukesh Textile Mills (Pvt) Ltd v H R
Subramanya Sastry Mukesh Textile Mills (Pvt) Ltd v H R Subramanya Sastry Mukesh Textile Mills (Pvt) Ltd v H R Subramanya
Sastry (1986) 2 Kant LJ 410.
3 See generally [285] TORT.

EASEMENTS/(2) NUISANCE/D. GROUNDS FOR LEGAL ACTION/[135.019] Absolute liability
[135.019] Absolute liability Where an enterprise is engaged in a hazardous or inherently dangerous

industry which poses a potential threat to the health and safety of persons in the neighbourhood, the
enterprise owes an absolute and non-delegable duty to the community to ensure that no harm results on
account of the hazardous activity1. Where harm is caused on account of an accident, the enterprise is
absolutely liable to compensate those affected and such liability is not subject to any of the exceptions which
operate in relation to the Rylands v Fletcher2 principle of strict liability3. Although a doubt was cast on the
correctness of the absolute liability rule4, the principle of absolute liability has since been re-affirmed and
re-stated thus. Once the activity carried on is hazardous or inherently dangerous, the person carrying on
such activity is liable to make good the loss caused to any other person by his activity irrespective of the fact
whether he took reasonable care while carrying on his activity5. The principle of 'no-fault' or absolute liability
has received statutory recognition in the Public Liability Insurance Act 19916 and the National Environment
Tribunal Act 19957.
1 M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India AIR 1987 SC 1086 [LNIND 1986 SC
539] [LNIND 1986 SC 539] [LNIND 1986 SC 539]at 1099, M C Mehta v Union of India M C Mehta v Union of India M C Mehta v
India M C Mehta v Union of India M C Mehta v Union of India (1987) JT 1.
16 16
Page
2 Rylands v Fletcher Rylands v Fletcher Rylands v Fletcher (1968) LR 3 HL 330. As to strict liability see [135.018].
3 See note 1 above.
4 Union Carbide Corpn v Union of India Union Carbide Corpn v Union of India Union Carbide Corpn v Union of India (1991) 4
SCC 584 at 607-608.
Enviro-Legal Action v Union of India (1996) 2 JT 196.

EASEMENTS/(3) EASEMENTS/[135.020] Easementary rights relating to environment
[135.020] Easementary rights relating to environment An easement is a right which the owner or occupier
of land possesses for the beneficial enjoyment of the land which entitles him to do something or to prevent
something from being done on certain other land not his own1. Easements are restrictions on the exclusive
right of an owner of immovable property to enjoy the property or to enjoy the natural advantages arising from
the situation of the propetly without disturbance by another2. the Indian Easements Act 1882 recognises the
right of every owner of land that the air passing over his land will not be unreasonably polluted by others3;
the right of every owner of a house that his comfort will not be unreasonably interfered with, by noise or
vibration caused by others4 and the right of every owner of land to the continued flow of water from a natural
stream in its natural condition without obstruction or unreasonable pollution5. In common law, a riparian
owner who has suffered on account of the pollution of the water caused by a municipal corporation may
restrain the corporation from discharging insufficiently treated sewage6.
1 Indian Easements Act 1882 s 4 (see also PROPERTY AND EASEMENTS [240.704]).
2 Indian Easements Act 1882 s 7 (see also PROPERTY AND EASEMENTS [240.717]).
3 Indian Easements Act 1882 s 7 illustration (b) (see also PROPERTY AND EASEMENTS [240.717])
4 Indian Easements Act 1882 s 7 illustration (c) (see also PROPERTY AND EASEMENTS [240.717])
5 Indian Easements Act 1882 s 7 illustration (f), (h) (see also PROPERTY AND EASEMENTS [240.717]).
6 M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India AIR 1988 SC 1115 [LNIND 1988 SC 14]
[LNIND 1988 SC 14] [LNIND 1988 SC 14]at 1126, M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union
of India (1988) 1 SCC 471 [LNIND 1988 SC 14] [LNIND 1988 SC 14] [LNIND 1988 SC 14], M C Mehta v Union of India M C
Mehta v Union of India M C Mehta v Union of India (1988) 1JT69.

(Environment; Misrepresentation and Fraud)/[135] ENVIRONMENT/4. AIR POLLUTION/(1) PREVENTION
AND CONTROL OF AIR POLLUTION/A. INTRODUCTION/[135.021] Historical background
17 17
Page
[135.021] Historical background The Air (Prevention and Control of Pollution) Act 1981 was enacted to
implement the decisions taken at the United Nations Conference on the Human Environment held in
Stockholm in 19721. At the conference it was decided that the participants take appropriate steps for the
preservation of natural resources which included the preservation of the quality of air and the control of air
pollution2. The Air (Prevention and Control of Pollution) Act 1981 extends to the whole of India3. Further the
Air (Prevention and Control of Pollution) Amendment Act 1987 provided for stiffer penalties4 and conferred
powers on the administration to direct the closure of a defaulting industry or to stop its supply of electricity or
water5.
1 Air (Prevention and Control of Pollution) Act 1981 preamble.
2 See note 1 above.
3 Air (Prevention and Control of Pollution) Act 1981 s 1(2).
4 As to the failure to comply with certain provisions see [135.068]-[135.070].
5 As to the power to give directions see [135.052].

AND CONTROL OF AIR POLLUTION/A. INTRODUCTION/[135.022] Air pollution regulation
[135.022] Air pollution regulation The principal regulatory instrument to control industrial emissions is the
command and control regime framed under the Air (Prevention and Control of Pollution) Act 19811 and the
rules framed under that Act2. The Supreme Court of India and the High Courts in the states have issued
directions in public interest litigations to supplement air pollution control measures3. Vehicular pollution is
regulated under the Motor Vehicles Act 19884.
1 As to the Air (Prevention and Control of Pollution) Act 1981 see [135.021] and following.
2 As to Air Pollution Rules see [135.024].
3 As to public interest litigation and vehicular pollution cases see respectively [135.073] and [135.075]
4 As to vehicular pollution regulations see [135.073].

AND CONTROL OF AIR POLLUTION/A. INTRODUCTION/[135.023] Effect of other laws
[135.023] Effect of other laws With the exception of the provisions in relation to radio-active air pollution
under the Atomic Energy Act 1962, the provisions of the Air (Prevention and Control of Pollution) Act 1981
must have overriding effect in relation to any other enactment1.
1 Air (Prevention and Control of Pollution) Act 1981 s 52.

18 18
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AND CONTROL OF AIR POLLUTION/B. RULE-MAKING POWER/[135.024] Air pollution rules
[135.024] Air pollution rules The Central Government has framed rules dealing with the procedure for the
transaction of business of the Central Board and its committees, the temporary association of persons with
the Central Board, the forms of the budget, annual report and account of the Central Board and other
miscellaneous matters1. The Central Government has also framed rules in respect of the Union Territories2.
These rules provide for the appointment of consultants, the notification of air pollution control areas,
procedures for the consent applications, procedures for taking samples, the functioning of the state air
laboratory, procedure in respect of appeals, procedures relating to directions issued under the Air
(Prevention and Control of Pollution) Act 1981 and other miscellaneous matters3.
Several state governments have framed rules under the Air (Prevention and Control of Pollution) Act 1981.
Generally, these state rules deal with the terms and conditions of service of the chairman and other
members of the state board, the procedures for the transaction of business of the state board and its
committees, the temporary association of persons with the state board, the powers and duties of the
chairman and the member-secretary of the state board, the procedure for the consent applications, the
procedure in respect of appeals, the procedure in respect of directions issued under the Air (Prevention and
Control of Pollution Act) 19814 forms in respect of the budget, annual account and consent register of the
state board and the functions to be performed by the state board5.
1 Air (Prevention and Control of Pollution) Rules 1982. As to Central and state boards see [135.027] and following.
2 Air (Prevention and Control of Pollution) (Union Territories) Rules 1983.
3 Air (Prevention and Control of Pollution) Act 1981 s 31A. As to the power to give directions [135.052].
4 Ie under the Air (Prevention and Control of Pollution) Act 1981 s 31A (see note 3 above).
5 The state governments include the States of Andhra Pradesh (Andhra Pradesh Air (Prevention and Control of Pollution) Rules
1982), Assam (Air (Prevention and Control of Pollution) Assam Rules 1991), Bihar (Bihar Air (Prevention and Control of
Pollution) Rules 1983), Gujarat (Gujarat Air (Prevention and Control of Pollution) Rules 1983), Haryana (Haryana Air
(Prevention and Control of Pollution) Rules 1983), Karnataka (Karnataka Air (Prevention and Control of Pollution) Rules 1983),
Kerala (Kerala Air (Prevention and Control of Pollution) Rules 1984), Madhya Pradesh (Madhya Pradesh Air (Prevention and
Control of Pollution) Rules 1983), Maharashtra (Maharashtra Air (Prevention and Control of Pollution) Rules 1983), Meghalaya
(Meghalaya Air (Prevention and Control of Pollution) Rules 1988), Orissa (Orissa Air (Prevention and Control of Pollution) Rules
1983), Tamil Nadu (Tamil Nadu Air (Prevention and Control of Pollution) Rules 1983), Uttar Pradesh (Uttar Pradesh Air
(Prevention and Control of Pollution) Rules 1983) and West Bengal (West Bengal Air (Prevention and Control of Pollution)
Rules 1983).

AND CONTROL OF AIR POLLUTION/B. RULE-MAKING POWER/[135.025] Power of Central Government
to make rules
[135.025] Power of Central Government to make rules The Central Government is empowered to make
rules in consultation with the Central Board, by notification in the official gazette on the following matters:
(1) the intervals and the time and place at which meetings of the Central Board or any committee
of the Central Board must be held and the procedure to be followed at such meetings, including
the quorum necessary for the transaction of business1;
(2) the fees and allowances to be paid to the members of a committee of the Central Board, not
being members of the Central Board2;
19 19
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(3) the manner in which and the purposes for which persons may be associated with the Central
Board3;
(4) the fees and allowances to be paid to persons associated with the Central Board4;
(5) the functions to be performed by the Central Board5;
(6) the form in which and the time in which the budget of the Central Board may be prepared and
forwarded to the Central Government6;
(7) the form in which the annual report of the Central Board may be prepared7;
(8) the form in which the accounts of the Central Board may be maintained8.
Every rule made by the Central Government under the Air (Prevention and Control of Pollution) Act 1981
must be laid before each House of Parliament, while it is in session, for a total period of 30 days which may
be comprised in one session or in two or more successive sessions. If before the expiry of the session
immediately following the session in which the 30 day period expired, both Houses agree in making any
modification in the rule or both Houses agree that the rule must not be made, the rule must thereafter have
effect only in such modified form or be of no effect, as the case may be. However, such modification or
annulment does not prejudice the validity of anything previously done under that rule9.
1 Air (Prevention and Control of Pollution) Act 1981 s 53(1)(a). See [135.033].
2 Air (Prevention and Control of Pollution) Act 1981 s 53(1)(b). See [135.033].
3 Air (Prevention and Control of Pollution) Act 1981 s 53(1)(c). See [135.033].
4 Air (Prevention and Control of Pollution) Act 1981 s 53(1)(d). See [135.033].
5 Air (Prevention and Control of Pollution) Act 1981 s 53(1)(e). See [135.030].
6 Air (Prevention and Control of Pollution) Act 1981 s 53(1)(f). See [135.062].
7 Air (Prevention and Control of Pollution) Act 1981 s 53(1)(ff). See [135.063].
8 Air (Prevention and Control of Pollution) Act 1981 s 53(1)(g). See [135.064].

AND CONTROL OF AIR POLLUTION/B. RULE-MAKING POWER/[135.026] Power of state governments to
make rules
[135.026] Power of state governments to make rules The state governments may make rules to carry out
the purposes of the Air (Prevention and Control of Pollution) Act 1981 by notification in the official gazette1.
Such rules may not cover matters falling within the purview of the Central Government's rule-making power2.
After the first constitution of the state board ('the state pollution control board') under the Act, the state
government is required to consult the state board before making, varying, amending or repealing any rule
except those pertaining to the terms and conditions of service of the chairman and other members (other
than the member-secretary)3.
Without limiting the general power of the state government to make rules, the rules may provide for the
following matters:
(1) 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 Act4;
20 20
Page
(2) the terms and conditions of service of the chairman and other members (other than the
member-secretary) of the state board5;
(3) the intervals and the time and place at which meetings of the state board or any committee of
the state board must be held and the procedure to be followed at such meetings, including the
quorum necessary for the transaction of business6;
(4) the fees and allowances to be paid to the members of a committee of the state board, not
being members of the state board7;
(5) the manner in which and the purposes for which persons may be associated with the state
board8;
(6) the fees and allowances to be paid to persons associated with the state board9;
(7) the terms and conditions of service of the member-secretary of a state board10;
(8) the powers and duties to be exercised and discharged by the member-secretary of a state
board11;
(9) the conditions subject to which a state board may appoint officers and other employees that it
considers necessary for the efficient performance of its functions12;
(10) the conditions subject to which a state board may appoint a consultant13;
(11) the functions to be performed by the state board14;
(12) the manner in which any area or areas may be declared as an air pollution control area or
areas15;
(13) the form of application for the consent of the state board, the fees payable, the period within
which the application is required to be made and the particulars the application may contain16;
(14) the procedure to be adopted in respect of an inquiry for the grant of consent17;
(15) the authority or agency to whom information is required to be furnished when excess
emissions occur or are apprehended due to an accident or unforeseen act18;
(16) the manner in which samples of air or emission may be taken19;
(17) the form of notice to be served on an occupier or his agent when taking a sample20;
(18) the form of the report of the state board analyst21;
(19) the form of the report of the government analyst22;
(20) the functions of the state air laboratory, the procedure for the submission of samples to the
laboratory, the form of the laboratory report, the fees payable in respect of such report and
other necessary matters23;
(21) the qualifications of government analysts24;
(22) the qualifications of state board analysts25;
(23) the form and manner in which appeals may be preferred, the fees payable in respect of such
appeals and the procedure to be followed by the Appellate Authority26;
(24) the form in which and the time in which the budget of the state board may be prepared and
forwarded to the state government27;
(25) the form in which the annual report of the state board may be prepared28;
(26) the form in which the accounts of the state board may be maintained29;
(27) the manner in which notice of intention to make a complaint may be given by a person to the
state board in respect of an alleged offence30;
(28) the particulars which the register of consents granted may contain31;
(29) any other matter which is required to be or may be prescribed32.
2 Air (Prevention and Control of Pollution) Act 1981 s 54(1). As to power of the Central Government to make rules see
[135.025].
4 Air (Prevention and Control of Pollution) Act 1981 s 54(2)(a). See [135.028].
5 Air (Prevention and Control of Pollution) Act 1981 s 54(2)(aa). See [135.037].
6 Air (Prevention and Control of Pollution) Act 1981 s 54(2)(b). See [135.033].
21 21
Page
7 Air (Prevention and Control of Pollution) Act 1981 s 54(2)(c). See [135.033].
8 Air (Prevention and Control of Pollution) Act 1981 s 54(2)(d). See [135.033].
9 Air (Prevention and Control of Pollution) Act 1981 s 54(2)(e). See [135.033].
10 Air (Prevention and Control of Pollution) Act 1981 s 54(2)(f). See [135.036].
11 Air (Prevention and Control of Pollution) Act 1981 s 54(2)(g). See [135.036].
12 Air (Prevention and Control of Pollution) Act 1981 s 54(2)(h). See [135.036].
13 Air (Prevention and Control of Pollution) Act 1981 s 54(2)(i). See [135.036].
14 Air (Prevention and Control of Pollution) Act 1981 s 54(2)(j). See [135.031].
15 Air (Prevention and Control of Pollution) Act 1981 s 54(2)(k). See [135.044].
16 Air (Prevention and Control of Pollution) Act 1981 s 54(2)(l). See [135.046].
17 Air (Prevention and Control of Pollution) Act 1981 s 54(2)(m). See [135.046].
18 Air (Prevention and Control of Pollution) Act 1981 s 54(2)(n). See [135.054].
19 Air (Prevention and Control of Pollution) Act 1981 s 54(2)(o). See [135.051].
20 Air (Prevention and Control of Pollution) Act 1981 s 54(2)(p). See [135.051].
21 Air (Prevention and Control of Pollution) Act 1981 s 54(2)(q). See [135.056].
22 Air (Prevention and Control of Pollution) Act 1981 s 54(2)(r). See [135.057].
23 Air (Prevention and Control of Pollution) Act 1981 s 54(2)(s). See [135.056].
24 Air (Prevention and Control of Pollution) Act 1981 s 54(2)(t). See [135.057].
25 Air (Prevention and Control of Pollution) Act 1981 s 54(2)(u). See [135.057].
26 Air (Prevention and Control of Pollution) Act 1981 s 54(2)(v). See [135.058].
27 Air (Prevention and Control of Pollution) Act 1981 s 54(2)(w). See [135.062].
28 Air (Prevention and Control of Pollution) Act 1981 s 54(2)(ww). See [135.063].
29 Air (Prevention and Control of Pollution) Act 1981 s 54(2)(x). See [135.064].
30 Air (Prevention and Control of Pollution) Act 1981 s 54(2)(xx). See [135.071].
31 Air (Prevention and Control of Pollution) Act 1981 s 54(2)(y). See [135.048].
32 Air (Prevention and Control of Pollution) Act 1981 s 54(2)(z).

AND CONTROL OF AIR POLLUTION/C. CENTRAL AND STATE BOARDS FOR THE PREVENTION AND
CONTROL OF AIR POLLUTION/(i) Introduction/[135.027] Central and state boards
[135.027] Central and state boards The Air (Prevention and Control of Pollution) Act 1981 requires the
Central Board constituted under the Water (Prevention and Control of Pollution) Act 19741 to exercise the
requisite powers and perform the requisite functions for the prevention and control of air pollution3. Where a
22 22
Page
state government has constituted a state board ('a state pollution control board')4 under the Water
(Prevention and Control of Pollution) Act 19745, such board will be deemed to be the state board for the
prevention and control of air pollution5 and will exercise the powers and perform the functions of such a
board6.
1 Ie under the Water (Prevention and Control of Pollution) Act 1974 s 3.
3 As to prevention and control of air pollution see [135.021] and following.
4 Ie under the Water (Prevention and Control of Pollution) Act 1974 s 4.
5 Constituted under the Air (Prevention and Control of Pollution) Act 1981 s 5.

CONTROL OF AIR POLLUTION/(i) Introduction/[135.028] Constitution of state boards
[135.028] Constitution of state boards In a state where the Water (Prevention and Control of Pollution) Act
1974 is not in force or where the state government is not constituted, the state government is required to
constitute a state board for the prevention and control of air pollution1. The board will be constituted with
effect from such date as may be specified by notification in the official gazette under such name as may be
specified in the notification2. The state board must comprise a chairman3 nominated by the state
government, upto five state government nominated officials as the state government may think fit4, upto five
nominees of the state government from amongst members of local authorities functioning within the state5,
upto three non-official nominees of the state government representing the interests of agriculture, fishery,
industry, trade, labour or any other interest that the government considers ought to be represented6, two
persons nominated by the state government representing government companies or corporations7 and a
full-time member-secretary appointed by the state government having such qualifications, knowledge and
experience of scientific, engineering or management aspects of pollution control as may be prescribed8.
Thus, the state government must ensure that at least two members have special knowledge or practical
experience in respect of matters relating to improving air quality or the prevention, control or abatement of air
pollution9. Every state board is a body corporate having perpetual succession and a common seal with
powers to acquire and dispose of property. It also has the right to contract and may sue or be sued10.
2 See note 1 above.
3 The chairman must be a person having special knowledge or practical experience in respect of matters relating to
environmental protection: Air (Prevention and Control of Pollution) Act 1981 s 5(2)(a). Such chairman may be either full time or
part time as the state government may think fit: Air (Prevention and Control of Pollution) Act 1981 s 5(2)(a) proviso.
4 Air (Prevention and Control of Pollution) Act 1981 s 5(2)(b).
5 Air (Prevention and Control of Pollution) Act 1981 s 5(2)(c).
6 Air (Prevention and Control of Pollution) Act 1981 s 5(2)(d).
7 Air (Prevention and Control of Pollution) Act 1981 s 5(2)(e).
8 Air (Prevention and Control of Pollution) Act 1981 s 5(2)(f).

23 23
Page
9 Air (Prevention and Control of Pollution) Act 1981 s 5(2) proviso.

CONTROL OF AIR POLLUTION/(i) Introduction/[135.029] Boards in union territories
[135.029] Boards in union territories The Central Board is required to exercise the powers and perform the
functions of a state board for the union territories1. Thus, no state board may be constituted for a union
territory and in relation to a union territory2. In relation to any union territory, the Central Board may delegate
its powers and functions to such persons or body of persons as the Central Government may specify3.
2 See note 1 above.
3 Air (Prevention and Control of Pollution) Act 1981 s 6 proviso.

CONTROL OF AIR POLLUTION/(ii) Functions of Boards/[135.030] Functions of the Central Board
[135.030] Functions of the Central Board The main functions of the Central Board are to improve the
quality of air and to prevent, control or abate air pollution in the country These functions are in addition to the
functions of the Central Board under the Water (Prevention and Control of Pollution) Act 19741. In particular
and without prejudice to the generality of the foregoing functions, the Central Board may:
(1) advise the Central Government on any matter concerning the improvement of the quality of air
and the prevention, control or abatement of air pollution2;
(2) plan and cause a nation-wide programme to be executed for the prevention, control or
abatement of air pollution3;
(3) co-ordinate the activities of the state and resolve disputes among them4;
(4) 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 pollution5;
(5) perform such of the function of any state board as may, be specified in any order6;
(6) 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 specify7;
(7) organise a comprehensive programme regarding the prevention, control or abatement of air
pollution through mass media8;
(8) 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 pollution9;
(9) lay down standards for the quality of air10;
(10) collect and disseminate information in respect of matters relating to air pollution11;
24 24
Page
(11) perform such other functions as may be prescribed12.
The Central Board may establish or recognise laboratories to enable it to efficiently perform its functions13.
The Central Board may:
(a) delegate any of its functions under this Act generally or specially to any of the committees
appointed by it14;
(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 Act15.
1 Subject to the provisions of the Air (Prevention and Control of Pollution) Act 1981 and without prejudice to the performance of
its functions under the Water (Prevention and Control of Pollution) Act 1974: Air (Prevention and Control of Pollution) Act 1981 s
16(1).
2 Air (Prevention and Control of Pollution) Act 1981 s 16(2)(a). As to power of the Central Government to meke rules see
[135.025].
6 Ie any order made under the Air (Prevention and Control of Pollution) Act 1981 s 18(2): s 16(2)(dd).
9 Air (Prevention and Control of Pollution) Act 1981 s 16(2)(g).
10 Air (Prevention and Control of Pollution) Act 1981 s 16(2)(h).
11 Air (Prevention and Control of Pollution) Act 1981 s 16(2)(i)
12 Air (Prevention and Control of Pollution) Act 1981 s 16(2)(j).
14 Air (Prevention and Control of Pollution) Act 1981 s 16(4)(a).

CONTROL OF AIR POLLUTION/(ii) Functions of Boards/[135.031] Functions of state boards
[135.031] Functions of state boards The functions of a state board must be the following, subject to the
provisions of the Air (Prevention and Control of Pollution) Act 1981 and without prejudice to the performance
of its functions, if any, under the Water (Prevention and Control of Pollution) Act 1974:
(1) to plan a comprehensive programme for the prevention, control or abatement of air pollution
and to secure the execution thereof1;
(2) to advise the state government on any matter concerning the prevention, control or abatement
25 25
Page
of air pollution2;
(3) to collect and disseminate information relating to air pollution3;
(4) 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 mass-education programme relating thereto4;
(5) to inspect any control equipment, industrial plant or manufacturing process at all reasonable
times 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 pollution5;
(6) 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 areas6;
(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
the atmosphere from any other source whatsoever not being a ship or an aircraft7:
(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 pollution8;
(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 government9;
(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 purpose of carrying into effect the
purposes of this Act10.
It is the duty of a state board to prescribe and publish standards after having regard to health hazards and
other relevant factors11. The state board has no power to exempt any particular industrial plant or class of
plants from the purview of the Act12. A state board may establish or recognise laboratories to enable it to
efficiently perform its functions13.
1 Air (Prevention and Control of Pollution) Act 1981 s 17(1)(a). As to power of the satte governments to make rules see
[135.026].
7 Air (Prevention and Control of Pollution) Act 1981 s 17(1)(g). However, 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: s 17(1)(g) proviso.
8 Air (Prevention and Control of Pollution) Act 1981 s 17(1)(h).
9 Air (Prevention and Control of Pollution) Act 1981 s 17(1)(i).
10 Air (Prevention and Control of Pollution) Act 1981 s 17(1)(j).
11 Mahabir Coke Industry v Pollution Control Board Mahabir Coke Industry v Pollution Control Board Mahabir Coke Industry v
Pollution Control Board AIR 1998 Gau 10 at 17-18.
12 K Muniswamy Gowda v State of Karnataka K Muniswamy Gowda v State of Karnataka K Muniswamy Gowda v State of
Karnataka (1998) 3 Kant LJ 594 at 608.

26 26
Page

CONTROL OF AIR POLLUTION/(ii) Functions of Boards/[135.032] Central Government's power to issue
directions
[135.032] Central Government's power to issue directions The Central Government may issue written
directions to the Central Board which it is bound to obey1. Similarly, the Central Board or the state
government may issue written directions to the state boards which they are bound to obey2. However, where
a direction given by the state government is inconsistent with a direction issued by the Central Board, the
matter is required to be referred to the Central Government for its decision3. The state government has no
power to issue directions to the state board that does not have a nexus to the functions of the board. Hence,
the state board is not bound by a government directive requiring the board to exempt industrial plants from
the provisions of the Air (Prevention and Control of Pollution) Act 19814.
Where the Central Government is of the opinion that any state board has defaulted in complying with any
direction given by the Central Board and as a result of such default, a grave emergency has arisen and it is
necessary or expedient so to do in public interest, it may, by order, direct the Central Board to perform 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 order5.
Where the Central Board performs any of the functions of the state board in pursuance of a direction, 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 demand6.
For the removal of doubts, it is hereby declared that any directions to perform the functions of any state
board given 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 area7.
Karnataka (1998) 3 Kant LJ 594 at 607-608 (notification issued by a state board granting exemption in respect of certain
industrial plants was declared ultra vires its powers and functions and was quashed).

CONTROL OF AIR POLLUTION/(iii) Functioning of Boards/[135.033] Generally
27 27
Page
[135.033] Generally A state board is required to meet at least once every three months and observe the
prescribed procedure with regard to the transaction of the business1. However, where the chairman is of the
opinion that any business of an urgent nature requires to be transacted, he may convene a meeting of the
state board at such time as he considers appropriate2. Copies of the minutes of the meetings are required to
be forwarded to the central and the concerned state government3. A state board may constitute as many
committees for such purpose or purposes, as the board considers appropriate4. A committee may consist
wholly of members or partly of members and partly of other persons and for such purpose or purposes as it
may think fit5. A committee is required to observe the prescribed rules of procedure with regard to the
transaction of the business6. The members of a committee other than members of the board are entitled to
the fees and allowances for attending meetings or any other work of the board, as may be prescribed7. A
state board may associate any person with itself for the prescribed purpose and whose assistance or advice
it may desire to obtain in performing its functions8 The associate is entitled to participate in discussions of the
state board but has no voting right at a meeting of the board and is not regarded as a member of the board
for any other purpose9. An associate is entitled to receive the fees and allowances that may be prescribed10.
An act or proceeding of a state board or committee may not be questioned on the ground merely of any
vacancy or defect in the constitution of the board or committee11.
1 Air (Prevention and Control of Pollution) Act 1981 s 10(1). As to the procedure prescribed for the transaction of the business
see [135.022]-[135.028].
5 See note 4 above.
6 Air (Prevention and Control of Pollution) Act 1981 s 11(2). As to the power of the Central Government to make rules see
[135.025].
7 Air (Prevention and Control of Pollution) Act 1981 s 11(3). As to the power of the Central and the state Governments to make
rules see respectively [135.025] and [135.026].
8 Air (Prevention and Control of Pollution) Act 1981 s 12(1). As to the power of the Central and the state Governments to make
10 Air (Prevention and Control of Pollution) Act 1981 s 12(3). As to the power of the Central and the state Governments to
make rules see respectively [135.025] and [135.026].

CONTROL OF AIR POLLUTION/(iii) Functioning of Boards/[135.034] Reports and returns
[135.034] Reports and returns The Central Board is required to furnish such reports, returns, statistics,
accounts and other information to the Central Government as it may require in relation to its functions under
the Air (Prevention and Control of Pollution) Act 1981. Similarly, a state board must furnish such reports,
returns, statistics, accounts and other information to the state government or the Central Board, as either of
them may require1.
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CONTROL OF AIR POLLUTION/(iv) Employees of Boards/[135.035] Delegation of power
[135.035] Delegation of power A state board may, by general or special order, delegate such of its powers
and functions to the chairman or member-secretary or any other officer of the board, as it may consider
necessary1. The delegation of authority is subject to such conditions and limitations as may be specified in
the order2. In the absence of proper delegation, the chairman has no power to direct an industry to close its
operations and shift its location3.
2 See note 1 above.
3 Suma Traders v Chairman, Karnataka State Pollution Control Board, Bangalore Suma Traders v Chairman, Karnataka State
Pollution Control Board, Bangalore Suma Traders v Chairman, Karnataka State Pollution Control Board, Bangalore AIR 1998
Kant 8 [LNIND 1997 KANT 111] [LNIND 1997 KANT 111] [LNIND 1997 KANT 111].

CONTROL OF AIR POLLUTION/(iv) Employees of Boards/[135.036] Employees of state boards
[135.036] Employees of state boards The terms and conditions of service of a member-secretary of a state
must be prescribed by the state government1. A member-secretary of a state board, whether constituted
under the Air (Prevention and Control of Pollution) Act 1981 or not, must exercise such powers and perform
such duties as may be prescribed or as may be delegated to him by that state board or its chairman2. The
state board may appoint officers and other employees as it considers necessary for the efficient performance
of its functions3. The method of appointment, conditions of service and scales of pay of the officers, other
than the member-secretary and other employees of the state board, must be determined by regulations
made by the board4. A board may appoint a consultant to the board and pay him such salary and allowances
or fees as the board considers appropriate, subject to the prescribed conditions5.
1 Air (Prevention and Control of Pollution) Act 1981 s 14(1). As to the power of state governments to make rules see [135.026].

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CONTROL OF AIR POLLUTION/(iv) Employees of Boards/[135.037] Terms and conditions of service of
members
[135.037] Terms and conditions of service of members A member of the state board, other than the
member-secretary, holds office for a term of three years from the date his nomination is notified in the official
gazette1. A member continues to hold office even after the expiry of his term until his successor enters upon
the office except when he is removed on the ground of the disqualification2. The term of a member of the
state board who is an official nominated by the state government3 or is the representative of a state
government corporation ends as soon as he ceases to hold the office under the state government or the
company or corporation owned, controlled or managed by the state government4. The other terms and
conditions of service of the chairman and other members, except the member-secretary, are required to be
prescribed5.
2 Air (Prevention and Control of Pollution) Act 1981 s 7(1) proviso. As to disqualification of a member see [135.039].
3 Ie under the Air (Prevention and Control of Pollution) Act 1981 s 5(2)(b), (e): see [135.028].
4 Air (Prevention and Control of Pollution) Act 1981 s 7(2). As to vacation of office by members see [135.027].

CONTROL OF AIR POLLUTION/(iv) Employees of Boards/[135.038] Vacation of office by members
[135.038] Vacation of office by members A member of the state board other than the member-secretary,
may resign his office at any time by writing to the state government, in case of the chairman and to the
chairman of the state board, in case of any other member1. A member of a state board other than the
member-secretary is deemed to have vacated his seat if he is absent without sufficient reason from three
consecutive meetings of the state board or where he is nominated by the state government from amongst
the local authorities, where he ceases to be the member of the local authority2. A casual vacancy in a state
board is filled by a fresh nomination and the person so nominated holds office for the remainder of the term
for which the member whose place he takes was nominated3. A member is eligible for re-nomination4.
4 Air (Prevention and Control of Pollution) Act 1981 s 7(6). As to the terms and conditions of service of members see [135.026].

CONTROL OF AIR POLLUTION/(iv) Employees of Boards/[135.039] Disqualification of members
30 30
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[135.039] Disqualification of members in the following situations a person is disqualified from being a
member of a state board, if he
(1) is or has been adjudged, an insolvent, at any time1; or

(2) is of unsound mind or has been declared so by a competent court2; or
(3) is or has been convicted of an offence which in the opinion of the state government involves
moral turpitude3; or
(4) is or has been convicted of an offence under the Air (Prevention and Control of Pollution) Act
1981, at any time4; or
(5) 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 air quality or the prevention,
control or abatement of air pollution5; or
(6) is a director, secretary, manager or other salaried officer or employee of any company or firm
having any contract with the state board or with a state government or with a local authority in
the state or with a state government company or corporation for the carrying out of a
programme for the improvement of air quality or for the abatement, prevention and control of air
pollution6; or
(7) has so abused his position as a member in the opinion of the state government so as to render
his continuance on a state board detrimental to the interests of the general public7.
The state government is empowered to remove any member who is or has become disqualified by issuing a
written order8. However, no such order may be passed unless the concerned member has been given a
reasonable opportunity of showing cause against the proposed order9.
A member, who has been removed on any of the grounds of disqualification mentioned above, cannot hold
office until his successor enters upon his office and he will not be eligible for re-nomination as a member10.
If a member of the state board becomes subject to any of the statutory disqualifications mentioned above, his
seat becomes vacant11.
10 Air (Prevention and Control of Pollution) Act 1981 s 8(3). This is notwithstanding anything contained in the Air (Prevention
and Control of Pollution) Act 1981 s 7(1) (see [135.037]) or 7(6) (see [135.038]).

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CONTROL OF AIR POLLUTION/(v) Supercession and Dissolution of Boards/[135.040] Power of state
government to supercede state boards generally
[135.040] Power of state government to supercede state boards generally Where the state government
forms an opinion that a state board constituted under the Air (Prevention and Control of Pollution) Act 1981
has persistently defaulted in performance of the functions imposed on it or under the Act1 or that
circumstances exist which render it necessary in the public interest2, the state government may supercede
the state board for a period not exceeding six months, by publishing a notification to this effect in the official
gazette3. However, before issuing such notification, the state government is required to give a reasonable
opportunity to the state board to show cause why it must not be superceded and why it must consider the
explanations and objections of the state board4. Where the supercession is ordered on the ground of public
interest, the state government need not give an opportunity of hearing5. An order of supercession was valid
where some of the decisions of the board were very suspicious and cases against polluters were withdrawn
by the board without valid reasons6.
Upon publication of the notification superceding the state board, all the members of the state board vacate
their offices from the date of supercession7; all the powers, functions and duties of the state board must be
exercised, performed and discharged by such person or persons as the state government may direct, until
the state board is reconstituted8; and all property owned or controlled by the state board will, until the board
is reconstituted, vest in the state government9. A chairman is also deemed to have vacated office upon the
supercession of the state board10 On expiry of the period of supercession specified in the notification, the
state government may extend the period of supercession for a further term not exceeding six months, as it
may consider necessary11 or it may reconstitute the state board by a fresh nomination or appointment, as
the case may be12. A person who vacated his office upon supercession is eligible for nomination or
appointment13. The state government is empowered to reconstitute the state board before the expiry of the
original period of supercession or the extended period14.
5 G S Oberoi v State of Punjab G S Oberoi v State of Punjab G S Oberoi v State of Punjab AIR 1998 P&H 67 at 75, G S
Oberoi v State of Punjab G S Oberoi v State of Punjab G S Oberoi v State of Punjab (1998) ILR 1 P&H 123, G S Oberoi v
State of Punjab G S Oberoi v State of Punjab G S Oberoi v State of Punjab (1998)2 Land LR 380.
6 See note 5 above.
8 Ie under the Air (Prevention and Control of Pollution) Act 1981 s 47(3): s 47(2)(b).

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CONTROL OF AIR POLLUTION/(v) Supercession and Dissolution of Boards/[135.041] Supercession of
Central and state boards constituted under the Water (Prevention and Control of Pollution) Act 1974
[135.041] Supercession of Central and 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 is superceded by the Central Government or the state
government, as the case may be, all the powers, functions and duties of the Central Board or such state
board under the Air (Prevention and Control of Pollution) Act 1981 must be exercised, performed or
discharged during the period of such supercession by the person or persons exercising, performing 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, during such period1.

CONTROL OF AIR POLLUTION/(v) Supercession and Dissolution of Boards/[135.042] Dissolution of state
boards
[135.042] Dissolution of state boards When the Water (Prevention and Control of Pollution) Act 1974 is
brought into force in any state and the state government constitutes a state board under that Act, the state
board constituted under the Air (Prevention and Control of Pollution) Act 1981 must stand dissolved and the
board constituted under the Water (Prevention and Control of Pollution) Act 1974 must exercise the powers
and perform the functions of the board constituted under the Air (Prevention and Control of Pollution) Act
1981 in the state1.
On dissolution of the state board constituted under the Air (Prevention and Control of Pollution) Act 1981, all
the members must vacate their offices2; all moneys and other property owned by or vested in the state board
immediately before such dissolution must stand transferred to and vest in the state pollution control board3;
every officer and other employee serving under the state board immediately before such dissolution must be
transferred to and become an officer or other employee of the state board and hold office for the same
tenure and at the same remuneration and on the same terms and conditions as he would have held if the
state board is constituted under the Act had not been dissolved and must continue to do so unless and until
the tenure, remuneration and terms and conditions of service are duly altered4. The tenure, remuneration
and terms and conditions of service of any such officer or other employee must not be altered to his
detriment without the previous sanction of the state government5.
On dissolution of the state board, all liabilities and obligations of the state board immediately before
dissolution are deemed to be the liabilities or obligations of the state pollution control board and any
proceeding or cause of action pending or existing immediately before such dissolution by or against the state
board may be continued and enforced by or against the state pollution control board6.

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5 Air (Prevention and Control of Pollution) Act 1981 s 49(2)(c) proviso.

AND CONTROL OF AIR POLLUTION/D. AIR POLLUTION CONTROL AREAS AND EMISSION NORMS/(i)
Definitions/[135.043] Some important definitions
[135.043] Some important definitions 'Air pollutant' means any solid, liquid or gaseous substance,
including noise, present in the atmosphere in such concentration as may be or may tend to be injurious to
human beings or other living creatures or plants or property or environment1. 'Air pollution' means the
presence of any air pollutant in the atmosphere2'Approved appliance' means any equipment or gadget used
for the burning of any combustible material for generating or consuming any fume, gas or particulate matter
and approved by a state board for the purposes of the Air (Prevention and Control of Pollution) Act 19813.
'Approved fuel' means any fuel approved by the state board for the purposes of the Act4.
1 Air (Prevention and Control of Pollution) Act 1981 s 2(a).
2 Air (Prevention and Control of Pollution) Act 1981 s 2(b).
3 Air (Prevention and Control of Pollution) Act 1981 s 2(c).
4 Air (Prevention and Control of Pollution) Act 1981 s 2(d).

AND CONTROL OF AIR POLLUTION/D. AIR POLLUTION CONTROL AREAS AND EMISSION NORMS/(ii)
Pollution Control Areas/[135.044] Air pollution control areas
[135.044] Air pollution control areas A state government may notify any area or areas within the state as
air pollution control areas after consulting the state board, by notification in the official gazette, in such
manner as may be prescribed1. The state government, in consultation with the state board and by
notification in the official gazette, is empowered to alter an air pollution control area, whether by extension or
reduction or to declare a new air pollution control area in which one or more existing air pollution control
areas or parts thereof may be merged2. However, within a declared air pollution control area, neither the
board nor the state government may exempt a polluter from the purview of the Air (Prevention and Control of
Pollution) Act 19813. Where the state board failed to produce the official gazette declaring the air pollution
control area and a local newspaper notifying the declaration before the magistrate, the industry was
acquitted of the offence4.
The state government may prohibit the use of such fuel where the state government after consulting the
state board is of the opinion that the use of any fuel other than an approved fuel in any air pollution control
area may cause or is likely to cause air pollution. This may be effected through a notification in the official
gazette with effect from such date, being not less than three months from the date of publication of the
notification, as may be specified in such notification5. The state government may direct that with effect from
such date as may be specified therein, no appliance will be used in the premises situated in an air pollution
control area other than an approved appliance, after consultation with the state board, by notification in the
34 34
Page
official gazette6. However, different dates may be specified for different parts of an air pollution control area
or for the use of different appliances7. If the state government, after consultation with the state board, is of
the 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 prohibit the burning of such material in such area or part
thereof, by a notification in the official gazette8.
Karnataka (1998) 3 Kant LJ 594 at 607-608.
4 Dahyabhai Kalubhai Solanki v N J Industries Dahyabhai Kalubhai Solanki v N J Industries Dahyabhai Kalubhai Solanki v N J
Industries (1996) 1 Guj LH 466 at 468-469.

AND CONTROL OF AIR POLLUTION/D. AIR POLLUTION CONTROL AREAS AND EMISSION NORMS/(iii)
Emission Norms/[135.045] Automobile emissions and compliance
[135.045] Automobile emissions and compliance An automobile' is defined as any vehicle powered either
by an internal combustion engine or by any method of generating power to drive such vehicle by burning
fuel1. To ensure that the emission standards for automobiles laid down by the state boards2 are complied
with, the state government after consulting the state boards is required to issue necessary instructions to the
authority in charge of registering motor vehicles3 and such authority is bound to comply with the
instructions4.
1 Air (Prevention and Control of Pollution) Act 1981 s 2(e). As to vehicular pollution regulations see [135.073]-[135.074].
2 As to functions of state pollution control boards see [135.031].
3 The registering authority exercises powers under the Motor Vehicles Act 1939 (repealed by the Motor Vehicles Act 1988) (see
DAMAGES [115.233] and following).

Emission Norms/[135.046] Restrictions on industrial plants
[135.046] Restrictions on industrial plants An 'industrial plant' is defined as any plant used for any
35 35
Page
industrial or trade purposes and emitting any air pollutant into the atmosphere1. Without the prior consent of
the state board and subject to the provisions of the section, no person may establish or operate an industrial
plant in an air pollution control area2. An application for consent of the state board is required to be made in
the prescribed form and must be accompanied by the prescribed fee and must contain the particulars of the
industrial plant and such other particulars as may be prescribed3. However, where a person operates an
industrial plant in any area immediately before the area is declared as an air pollution control area, such a
person is required to apply to the state board within the prescribed period, not exceeding three months from
the date of such declaration4. Where the person makes such an application, he is deemed to be operating
the industrial plant with the consent of the state board until the consent applied for is refused5. The state
board may make such inquiry as it may deem fit in respect of the application for consent referred to it and in
making any such inquiry, must follow such procedure as may be prescribed6.
After receiving an application for consent and after making the necessary inquiry, a state board is required to
issue a written order granting or refusing consent within a period of four months7. When processing a
consent application, the state board must examine all relevant factors including the measures to prevent
pollution8. However, it will 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 fulfilled9. A reasonable opportunity of being heard must be given to the
person concerned before cancelling or refusing a further consent10. Thus, conditions in the consent that
postpone compliance by the polluter would be inappropriate where pollution is likely to affect the public11.
Every person to whom consent has been granted by a state board, must comply with the following
conditions, namely:
(1) the control equipment12, of such specifications as the state board may approve in this behalf,
must be installed and operated in the premises where the industry is carried on or proposed to
be carried on13;
(2) the existing control equipment, if any, must be altered or replaced in accordance with the
directions of the state board14;
(3) the control equipment mentioned above must be kept in good running condition at all times15;
(4) chimney, wherever necessary, of such specifications as the state board may approve in this
behalf must be erected or re-erected in such premises16; and
(5) such other conditions as the state board, may specify in this behalf17,
(6) the conditions referred to above18 must be complied with, within such period as the state
board may specify in this behalf19.
However, 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 must not
be less than six months20. Further:
(a) after the installation of any control equipment in accordance with the specifications21; or
(b) after the alteration or replacement of any control equipment in accordance with the directions
of the state board22; or
(c) after the erection or re-erection of any chimney23;no control equipment or chimney may be
altered or replaced or erected or re-created as the case may be, except with the previous
approval of the state board24.
If due to any technological improvement or otherwise, the state board is of the opinion that all or any of the
conditions referred to above require or requires variation, including the change of any control equipment,
either in whole or in part, the state board must, after giving the person to whom consent has been granted,
an opportunity of being heard, vary all or any of such conditions and then such person must be bound to
comply with the conditions as so varied25. Industries operating kilns that failed to install air pollution control
equipment were ordered to shut down by a court in a public interest litigation26. Units that had invested in
equipment but which were unable to operate the equipment due to a shortage of energy, were permitted to
resume operations only after the power was restored and the efficacy of the equipment was established27. If
the person to whom consent has been granted by the state board transfers his interest in the industry to any
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other person, the successor in interest is bound by the consent and all its conditions as if the consent had
been originally granted to him28.
1 Air (Prevention and Control of Pollution) Act 1981 s 2(k).
2 Air (Prevention and Control of Pollution) Act 1981 s 21(1). However, a person operating any industrial plant in any air pollution
control area, immediately before the commencement of the Air (Prevention and Control of Pollution) Amendment Act 1987 s 9,
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: s 21(1) proviso.
3 Air (Prevention and Control of Pollution) Act 1981 s 21(2). As to power of the state governments to make rules see [135.026].
5 See note 4 above.
7 Such written order must be made by order in writing and for reasons to be recorded in the order and must be subject to such
conditions and for such period as may be specified in the order: Air (Prevention and Control of Pollution) Act 1981 s 21(4).
8 Mahabir Coke Industry v Pollution Control Board Mahabir Coke Industry v Pollution Control Board Mahabir Coke Industry v
Pollution Control Board AIR 1998 Gau 10 at 15.
9 Air (Prevention and Control of Pollution) Act 1981 s 21(4) proviso 1.
10 Air (Prevention and Control of Pollution) Act 1981 s 21(4) proviso 2.
11 Sugarcane G&S Sugars Shareholders Association v Tamil Nadu Pollution Control Board Sugarcane G&S Sugars
Shareholders Association v Tamil Nadu Pollution Control Board Sugarcane G&S Sugars Shareholders Association v Tamil
Nadu Pollution Control Board AIR 1998 SC 2614(this case was a water pollution case under the corresponding consent
provisions of the Water (Prevention and Control of Pollution) Act 1974): see [135.077].
12 'Control equipment' means any apparatus, device, equipment or system to control the quality and manner of an emission of
any air pollution and includes any device used for securing the efficient operation of an industrial plant: Air (Prevention and
Control of Pollution) Act 1981 s 2(i).
13 Air (Prevention and Control of Pollution) Act 1981 s 21 (5)(i).
14 Air (Prevention and Control of Pollution) Act 1981 s 21 (5)(ii).
15 Air (Prevention and Control of Pollution) Act 1981 s 21(5)(iii).
16 Air (Prevention and Control of Pollution) Act 1981 s 21(5)(iv).
17 Air (Prevention and Control of Pollution) Act 1981 s 21(5)(v).
18 See notes 13-14 and 16 above.
19 Air (Prevention and Control of Pollution) Act 1981 s 21(5)(vi).
20 Air (Prevention and Control of Pollution) Act 1981 s 21(5) proviso (1).
21 Under the Air (Prevention and Control of Pollution) Act 1981 s 21(5)(i)(see note 13 above): s 21(5) proviso (2)(a).
22 Under the Air (Prevention and Control of Pollution) Act 1981 s 21(5)(ii) (see note 14 above): s 21(5) proviso (2)(b).
23 Under the Air (Prevention and Control of Pollution) Act 1981 s 21(5)(iv) (see note 16 above): s 21(5) proviso (2)(c).
24 Air (Prevention and Control of Pollution) Act 1981 s 21(5) proviso (2).
26 World Saviors v Union of India World Saviors v Union of India World Saviors v Union of India (1996) 4 Scale 22 at 24 (SP).
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Emission Norms/[135.047] Emission in excess of specified standards
[135.047] Emission in excess of specified standards A person operating an industrial plant in an air
pollution control area is barred from discharging any air pollutant in excess of the standards laid down by the
state board1. Hence, kiln operators2 and a coke factory3 who were unable to attain the prescribed standards
were ordered to shut down their operations. Similarly, a chemical factory was required to attain the limits
prescribed by the board within three months or to close down. The adverse economic impact from closing a
factory would be a relevant consideration in moulding relief granted by the court but it would not justify
allowing the harmful activity to continue4.
1 Under the Air (Prevention and Control of Pollution) Act 1981 s 17(1)(g)(see [135.033]): s 22.
2 World Saviors v Union of India World Saviors v Union of India World Saviors v Union of India (1996) 4 Scale 22 at 24 (SP).
3 Pollution Control Board, Assam v Mahabir Coke Industry Pollution Control Board, Assam v Mahabir Coke Industry Pollution
Control Board, Assam v Mahabir Coke Industry (2000) 9 SCC 344.
4 Mathew lukose v Kerala State Pollution Control Board Mathew lukose v Kerala State Pollution Control Board Mathew lukose
v Kerala State Pollution Control Board (1990) 2 Ker LT 686 at 694.

Emission Norms/[135.048] Maintenance of register
[135.048] Maintenance of register A state board is required to maintain a register containing particulars of
the persons to whom consent has been granted1, the standards for emission laid down by it in relation to
each such consent and other particulars that may be prescribed2. The register must be kept open to
inspection at all reasonable hours by any person interested in or affected by the standards for emission or by
his authorised representative3.
1 Ie consent has been granted under the Air (Prevention and Control of Pollution) Act 1981 s 21 (see [135.031]).

AND CONTROL OF AIR POLLUTION/D. AIR POLLUTION CONTROL AREAS AND EMISSION NORMS/(iv)
Powers of Boards/[135.049] Powers of entry and inspection
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Page
[135.049] Powers of entry and inspection At all reasonable times and with the necessary assistance, a
person empowered by a state board is entitled to enter any place:
(1) for the purpose of performing any of the functions of the state board entrusted to him1; or
(2) 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 (Prevention and Control of Pollution) Act 1981
or the rules made under it or any notice, order, direction or authorisation served, made, given
or granted under this Act is being or has been complied with2; or
(3) 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 about to be committed and for seizing
any such control equipment, industrial plant, record, register, document or other material object
that he has reason to believe may furnish evidence of the commission of an offence punishable
under the Act3.
Every person operating any control equipment or any industrial plant in an air pollution control area is obliged
to render all assistance to the person empowered by the state board at the time of entry and inspection4.
Failure to extend assistance without reasonable cause or excuse is an offence5. It is also an offence to
intentionally delay or obstruct a person empowered by the state board in discharge of his duties to enter and
inspect any place6. The provisions of the Code of Criminal Procedure 1973 apply to any search or seizure
operation under the Air (Prevention and Control of Pollution) Act 1981, as they would apply to any search or
seizure made under the authority of a warrant issued under that Code7. In relation to the State of Jammu and
Kashmir or any area in which the Code of Criminal Procedure 1973 is not in force, the provisions of any
corresponding law in force in respect of search or seizure under a warrant8, would apply9.
5 See note 4 above.
7 Air (Prevention and Control of Pollution) Act 1981 s 24(4). A warrant is issued under the Code of Criminal Procedure 1973 s
94 (see generally [105] CRIMINAL LAW AND PROCEDURE).
8 A warrant under the Code of Criminal Procedure 1973 is issued under the Code of Criminal Procedure 1973 s 94.

Powers of Boards/[135.050] Power to obtain information
[135.050] Power to obtain information A state board or any officer empowered by it may call for any
information from the occupier1 or any other person carrying on any industry or operating any control of
equipment or industrial plant2. For the purpose of verifying the correctness of such information, the state
board of such officer is empowered to inspect the premises where the industry, control equipment or
industrial plant is operated3. The information sought may cover information regarding the types of air
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pollutant emitted into the atmosphere and the level of emission of such air pollutants4.
1 An '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: Air (Prevention and Control of
Pollution) Act 1981 s 2(m).
3 See note 2 above.
4 See note 2 above.

Powers of Boards/[135.051] Power to take samples
[135.051] Power to take samples A state board or an authorised officer are empowered, for the purpose of
analysis, to take samples of air or emission from any chimney, flue or duct or any other outlet in the manner
prescribed1. Where a sample is taken for analysis, the person taking the sample is required to serve a notice
on the occupier or his agent of his intention to have the sample analysed in the prescribed form2. He is
required to collect a sample of emission for analyses in the presence of the occupier or his agent3; cause the
sample to be placed in a container which is marked, sealed and signed both by the person taking the sample
and the occupier or his agent4. The person taking the sample is required to send the container or containers
to a recognised laboratory without delay5 or if a request is made by the occupier or the agent, to the state air
laboratory6. Where the occupier or agent wilfully absents himself during the taking of a sample or refuses to
sign the marked and sealed container, the person taking the sample must collect the sample of emission for
analysis, place the same in a container and mark, seal and sign the container7. 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, the marked and sealed container or containers must be
signed by the person taking the sample8. The container or containers are then required to be sent without
delay for analysis to a state air laboratory9 and the person taking the sample must inform the government
analyst10, in writing, about the wilful absence of the occupier or his agent or his refusal to sign the
container11. The result of the analysis of a sample or emission is not admissible in evidence in any legal
proceeding, unless the above prescribed procedure is complied with12.
2 Air (Prevention and Control of Pollution) Act 1981 s 26(3)(a). As to the power of state governments to make rules see
[135.026].
3 Air (Prevention and Control of Pollution) Act 1981 s 26(3)(b). As to the meaning of an occupier see [135.188].
5 A laboratory established or recognised by the state government under the Air (Prevention and Control of Pollution) Act 1981 s
17(2) or if a request in that behalf is made by the occupier or his agent when the notice is served on him under s 26(3)(a), to the
laboratory established or specified under s 28(1).
6 Air (Prevention and Control of Pollution) Act 1981 s 26(3)(d). As to state air laboratory see [135.056].

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9 Ie the laboratory established or specified under the Air (Prevention and Control of Pollution) Act 1981 s 28(1). As to state air
laboratory see [135.056].
10 Ie the government analyst appointed under the Air (Prevention and Control of Pollution) Act 1981 s 29(1). As to analysts see
[135.057].

Powers of Boards/[135.052] Power to give directions
[135.052] Power to give directions A board is conferred overriding power to issue written directions to any
person, officer or authority and such person, officer or authority is obliged to comply with the directions. The
board's power to issue directions overrides the provisions in any other law but is subject to the provisions of
the Air (Prevention and Control of Pollution) Act 1981 and any directions that the Central Government may
issue1. The power to issue directions includes the power to direct the closure2, prohibition3 or regulation of
any industry, operation or process4; and stoppage or regulation of supply of electricity, water or any other
service5. A direction by the state board that is arbitrary and high handed will be quashed6.
1 Air (Prevention and Control of Pollution) Act 1981 s 31A (inserted by the Air (Prevention and Control of Pollution) Amendment
Act 1987).
2 In the absence of prescribed emission standards and a chemical examination of the emissions, it was impermissible for the
state board to issue a closure notice to a polluting factory (Mahabir Coke Industry v Pollution Control Board (Mahabir Coke
Industry v Pollution Control Board (Mahabir Coke Industry v Pollution Control Board AIR 1998 Gau 10). The power of a board to
direct the closure of operations does not empower the board to seal a unit and prevent access: Gopi Nath Pvt Ltd v
Department of Environment, Government of National Capital Territory of Delhi Gopi Nath Pvt Ltd v Department of Environment,
Government of National Capital Territory of Delhi Gopi Nath Pvt Ltd v Department of Environment, Government of National
Capital Territory of Delhi (1998) 72 Del LT 536 at 540-541. The chairman of a board may not issue closure orders in the
absence of the proper delegation of authority to her by the board: Suma Traders v Chairman, Karnataka State Pollution Control
Board, Bangalore Suma Traders v Chairman, Karnataka State Pollution Control Board, Bangalore Suma Traders v Chairman,
Karnataka State Pollution Control Board, Bangalore AIR 1998 Kant 8 [LNIND 1997 KANT 111] [LNIND 1997 KANT 111]
[LNIND 1997 KANT 111]at 9.
3 Prior to its Amendment in 1987, the Air (Prevention and Control of Pollution) Act 1981 did not empower a State Board to issue
prohibitory orders directing a stone crushing unit to shut down its operations; the State Board could only prosecute the polluter
for breach of statutory provisions: Chaitanya Pulverising Industry v Karnataka State Pollution Control Board Chaitanya
Pulverising Industry v Karnataka State Pollution Control Board Chaitanya Pulverising Industry v Karnataka State Pollution
Control Board AIR 1987 Kant 82 [LNIND 1986 KANT 157] [LNIND 1986 KANT 157] [LNIND 1986 KANT 157]at 86, Chaitanya
Control Board Chaitanya Pulverising Industry v Karnataka State Pollution Control Board (1987) ILR Kant 928, Chaitanya
Control Board Chaitanya Pulverising Industry v Karnataka State Pollution Control Board (1987) 1 Kant LJ 134.
4 Air (Prevention and Control of Pollution) Act 1981 s 31A explanation (a).
5 Air (Prevention and Control of Pollution) Act 1981 s 31A explanation (b).
6 Jadav Soap Works v Union of India Jadav Soap Works v Union of India Jadav Soap Works v Union of India AIR 2000 Gau 47
at 49.

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AND CONTROL OF AIR POLLUTION/D. AIR POLLUTION CONTROL AREAS AND EMISSION NORMS/(v)
Procedure/[135.053] Application to courts for restraint orders
[135.053] Application to courts for restraint orders Where it is apprehended by a board that emission of
any air pollutant in excess of the standards laid down1 is likely to occur by reason of any person operating an
industrial plant or otherwise in any air pollution control area, the board may apply to a court, not inferior to
that of a metropolitan magistrate or a judicial magistrate of first class, for an order restraining the person
operating the industrial plant from emitting such air pollutants2. On receiving the application, the court may
pass appropriate orders3. Where the court passes a restraint order preventing a person from discharging any
air pollutant, it may direct a person to desist from taking such action as is likely to cause emissions4 and it
may authorise the board to implement the judicial direction where such person does not comply with the
restraint order5. The expenses incurred by the board in implementing the judicial directions may be
recovered from the person concerned as arrears of land revenue or of public demand6. Prior to its
amendment in 1987, the Air (Prevention and Control of Pollution) Act 1981 did not empower a state board to
issue prohibitory orders directing a stone crushing unit to shut down its operations, the state board could only
prosecute the polluter for non-compliance7.
1 Under the Air (Prevention and Control of Pollution) Act 1981 s 17(1)(g) (see [135.047])
2 Air (Prevention and Control of Pollution) Act 1981 s 22A(1) (inserted by the Air (Prevention and Control of Pollution)
Amendment Act 1987).
3 Air (Prevention and Control of Pollution) Act 1981 s 22A(2).
4 Air (Prevention and Control of Pollution) Act 1981 s 22A(3)(a).
5 Air (Prevention and Control of Pollution) Act 1981 s 22A(3)(b).
6 Air (Prevention and Control of Pollution) Act 1981 s 22A(4).
7 Chaitanya Pulverising Industry v Karnataka State Pollution Control Board Chaitanya Pulverising Industry v Karnataka State
Pollution Control Board Chaitanya Pulverising Industry v Karnataka State Pollution Control Board AIR 1987 Kant 82 [LNIND
1986 KANT 157] [LNIND 1986 KANT 157] [LNIND 1986 KANT 157]at 86, Chaitanya Pulverising Industry v Karnataka State
Pollution Control Board Chaitanya Pulverising Industry v Karnataka State Pollution Control Board Chaitanya Pulverising
Industry v Karnataka State Pollution Control Board (1987) ILR Kant 928, Chaitanya Pulverising Industry v Karnataka State
Pollution Control Board Chaitanya Pulverising Industry v Karnataka State Pollution Control Board Chaitanya Pulverising
Industry v Karnataka State Pollution Control Board (1987) 1 Kant LJ 134.

AND CONTROL OF AIR POLLUTION/D. AIR POLLUTION CONTROL AREAS AND EMISSION NORMS/(v)
Procedure/[135.054] Furnishing of information
[135.054] Furnishing of information Where the emission of any air pollutant in the atmosphere, in excess
of the standards laid down by the board, occurs or is apprehended to occur due to an accident or other
unforeseen act or event, the person in charge of the premises is required to forthwith inform the state board
('the state pollution control board') and other prescribed authorities/agencies about the event or apprehended
occurrence1. On receiving the information, the state board and other designated authorities are required to
immediately cause the necessary remedial measures to be taken to mitigate the emission of such air
pollutants2. The expenses incurred by the state board or designated authorities/agencies, in respect of
remedial measures together with interest, may be recovered from the concerned person as arrears of land
revenue or of public demand3.
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AND CONTROL OF AIR POLLUTION/D. AIR POLLUTION CONTROL AREAS AND EMISSION NORMS/(vi)
Analysts and Analysis Reports/[135.055] Analysis reports
[135.055] Analysis reports Where a sample of emission has been sent for analysis, the board analyst1 is
required to analyse the sample and submit a report to the state board2. On receiving the report, one copy of
the report is required to be sent by the state board to the occupier or his agent; a second copy is required to
be preserved for production before a court in case of any legal proceeding; and the third copy must be
retained by the state board for its record3. Where a sample has been sent for analysis to a state air
laboratory, the government analyst is required to analyse the sample and submit a report of the result of the
analysis, in triplicate, to the state board, to be followed by the procedure stated above4. Any cost incurred in
getting any sample analysed at the request of the occupier or his agent5 or when he wilfully absents himself
or refuses to sign the marked and scaled container or containers of sample of emission6, must be payable by
such occupier or his agent and in case of default, the same is recoverable from him as arrears of land
1 As to analysts see [135.057].
5 See [135.051] note 6.
6 See [135.051] note 6.

Analysts and Analysis Reports/[135.056] State air laboratory
[135.056] State air laboratory The state government may establish, by notification in the official gazette,
one or more state air laboratories1 or specify one or more laboratories or institutes as state air laboratories2.
After consulting the state board, the state government may make rules prescribing the functions of the state
air laboratory, the procedure for the submissions of samples of air or emission for analysis or tests, the form
of the laboratory report and the fees payable and such other matters as are considered necessary3.

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Analysts and Analysis Reports/[135.057] Appointment of analysts
[135.057] Appointment of analysts 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 analysing samples of air or emission sent to any state air laboratory1. The state board, by
notification in the official gazette, with the approval of the state government may appoint board analysts for
the purpose of analysing samples of air or emission sent for analysis to any laboratory established or
recognised by the state board2.
A report signed by a government analyst or state board analyst may be used as evidence of the facts stated
therein in any proceeding under the Air (Prevention and Control of Pollution) Act 19813.
1 Air (Prevention and Control of Pollution) Act 1981 s 29(1). As to establishment of a state air laboratory see [135.056].
3 Air (Prevention and Control of Pollution) Act 1981 s 30. As to power of the state governments to make rules see [135.026].

AND CONTROL OF AIR POLLUTION/D. AIR POLLUTION CONTROL AREAS AND EMISSION
NORMS/(vii) Appeals/[135.058] Appeals
[135.058] Appeals Any person aggrieved by an order made by the state board may prefer an appeal to the
Appellate Authority constituted by the state government1. The appeal is required to be filed within 30 days of
the communication of the order to the aggrieved person2, though the Appellate Authority may entertain an
appeal filed beyond this period if it is satisfied that the appellant was prevented by sufficient cause from filing
the appeal in time3. The Appellate Authority may comprise one person or three persons, as the state
government considers fit, to be appointed by the state government4. The form and the manner in which an
appeal may be preferred, the fees payable for the appeal and the procedure to be followed by the Appellate
Authority are required to be prescribed by the state government5. On receipt of an appeal, the Appellate
Authority must dispose of the appeal as expeditiously as possible after giving the appellant and the state
board, an opportunity of being heard6.
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AND CONTROL OF AIR POLLUTION/E. FUNDS, ACCOUNTS AND AUDIT/[135.059] Central Government
contributions
[135.059] Central Government contributions The Central Government may make necessary contributions
to the state boards to enable them to perform their functions in each financial year, after due appropriation
made by Parliament by law1. However, this provision will not apply to a state board constituted under the
Water (Prevention and Control of Pollution) Act 19742 which is empowered by that Act to expend money
from its fund under that Act for performing functions relating to the prevention, control or abatement of air
pollution3.
2 Water (Prevention and Control of Pollution) Act 1974 s 4.
3 Air (Prevention and Control of Pollution) Act 1981 s 32 proviso.

AND CONTROL OF AIR POLLUTION/E. FUNDS, ACCOUNTS AND AUDIT/[135.060] Funds of boards
[135.060] Funds of boards Every state board must have its own fund for the purposes of the Air (Prevention
and Control of Pollution) Act 1981. All sums which are paid to the state board by the Central Government
and all other receipts of the state board1 are required to be carried to the fund of the board and all payments
will be made as such2. All payments by the state board are required to be made from this fund3. Every state
board may expend such sums, as it thinks necessary, for performing its functions and these amounts are
required to be treated as expenditure payable out of the fund of the Board4. However, this provision will not
apply to a state board constituted under the Water (Prevention and Control of Pollution) Act 19745 which is
empowered by that Act to expend money from its fund, for performing functions relating to the prevention,
control or abatement of air pollution6.
1 Ie receipts by way of contributions, if any, from the state government, fees, grants, donations, benefactions or otherwise.
3 See note 2 above.

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AND CONTROL OF AIR POLLUTION/E. FUNDS, ACCOUNTS AND AUDIT/[135.061] Borrowing powers of
boards
[135.061] Borrowing powers of boards A board is empowered to borrow money for discharging its general
or special functions from any source, by way of loans or the issue of bonds, debentures or other instruments.
The Central Board may borrow money with the consent of the Central Government or in terms of any general
or special authority given to it by the Central Government. Similarly, a state board may borrow money with
the consent of the state government or in terms of any general or special authority given to it by the state
government1.
1 Air (Prevention and Control of Pollution) Act 1981 s 33A.

AND CONTROL OF AIR POLLUTION/E. FUNDS, ACCOUNTS AND AUDIT/[135.062] Budget
[135.062] Budget The Central Board and the state boards are required during each financial year to prepare
a budget for the next financial year showing the estimated receipt and expenditure under the Air (Prevention
and Control of Pollution) Act 19811 Copies of the budget are required to be forwarded by the Central Board
to the Central Government and by a state board to the state government2.
2 Air (Prevention and Control of Pollution) Act 1981 s 34. As to power of the Central and the state governments to make rules
see respectively [135.025] and [135.026].

AND CONTROL OF AIR POLLUTION/E. FUNDS, ACCOUNTS AND AUDIT/[135.063] Annual report
[135.063] Annual report The Central Board, during each financial year, must prepare an annual report,
giving a full account of its activities during the previous financial year in the prescribed form. Copies of the
annual report are required to be sent to the Central Government within four months of the end of the
previous financial year. The Central Government must lay the report before both Houses of Parliament within
nine months from the end of the previous financial year1. Similarly, a state board during each financial year
must prepare an annual report giving a full account of its activities during the previous financial year in the
prescribed form. Copies of the annual report are required to be sent to the state government within four
months of the end of the previous financial year and the state government must lay the report before the
state legislature within nine months from the end of the previous year financial year2.
1 Air (Prevention and Control of Pollution) Act 1981 s 35(1). As to power of the Central and the state governments to make

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AND CONTROL OF AIR POLLUTION/E. FUNDS, ACCOUNTS AND AUDIT/[135.064] Accounts and audit
[135.064] Accounts and audit Every board is required to maintain books of account and other relevant
records and prepare an annual statement of accounts in the prescribed manner1. These accounts must be
audited by an auditor2 qualified to act as an auditor under the Companies Act 19563. The auditor must be
appointed by the Central Government for the Central Board and the state government for the state boards,
on the advice of the Comptroller and Auditor-General of India4. Every auditor is entitled to demand the
production of books, accounts, connected vouchers and other documents and papers and to inspect any of
the offices of the board5. The auditor is required to send a copy of his report together with the audited copy
of the accounts to the Central Government in respect of the Central Board or the state government in respect
of the state boards6. On receipt of the audit report, the Central Government must have the report laid before
both Houses of Parliament7; and the state government is required to lay the report before the state
legislature8.
3 Companies Act 1956 s 226.

AND CONTROL OF AIR POLLUTION/F. PENALTIES AND PROCEDURE/(i) Offences/[135.065] Offences
by companies
[135.065] Offences by companies At the initial stage of issuing process in respect of an offence, the court
must find out whether the facts disclosed in the complaint contain the ingredient or germ of the alleged
offence necessary for setting the criminal law in motion1. Where an offence is committed by a company,
every person who at the time when the 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, are
deemed to be guilty of the offence and are liable to be proceeded against and punished2. However, where a
person proves that the offence was committed without his knowledge or that he exercised all due diligence to
prevent the commission of the offence, he must not be liable to any punishment3. The words 'directly in
charge of' exclude persons who are indirectly responsible for the business of the company4. The chairman
and deputy chairman cannot be prosecuted for offences committed by the company, unless the board
alleges facts from which it can be reasonably inferred that the chairman and deputy chairman were directly in
charge of and responsible for the conduct of the business of the company5.
Where an offence is committed by a company and it is proved that the offence was committed with the
consent or connivance of, or was attributable to any neglect on the part of any director, manager, secretary
or other officer of the company, such person is also deemed to be guilty of that offence and is liable to be
47 47
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proceeded against and punished6. When used with reference to offences by companies7, the expression
'company' means any body corporate and includes a firm or other association of individual; and the
expression 'director' in relation to a firm, means a partner in the firm8.
An officer of the board may not pick and choose the accused against whom the prosecution is launched. It is
the state board alone which must decide as to who amongst the directors and officers of the company are
responsible for the alleged violation. In the absence of a specific sanction to prosecute the directors and
officers of a company, the prosecution against them was quashed9. The directors of a company being
prosecuted under the Air (Prevention and Control of Pollution) Act 1981 owe a duty to the court and the
courts of justice to place all facts on record within their special knowledge that would enable identifying the
managers liable to be prosecuted under the Act10. Being an important social welfare legislation, civil and
criminal proceedings under the Air (Prevention and Control of Pollution) Act 1981 ought to be disposed of as
expeditiously as possible11.
1 Dwarka Cement Works Ltd v State of Gujarat Dwarka Cement Works Ltd v State of Gujarat Dwarka Cement Works Ltd v
State of Gujarat (1992) 1 Guj LH 9 at 14.
4 N A Palkhivala v Madhya Pradesh, Pradushan Niwaran Mandal, Bhopal N A Palkhivala v Madhya Pradesh, Pradushan
Niwaran Mandal, Bhopal N A Palkhivala v Madhya Pradesh, Pradushan Niwaran Mandal, Bhopal (1990) Crlj 1856 at 1858.
5 See note 4 above.
7 Air (Prevention and Control of Pollution) Act 1981 s 40 explanation (a).
8 Air (Prevention and Control of Pollution) Act 1981 s 40 explanation (b).
9 S M Dubash v V M Bhosale, Air Pollution Control Officer S M Dubash v V M Bhosale, Air Pollution Control Officer S M
Dubash v V M Bhosale, Air Pollution Control Officer (1996) 2 Mah LJ 312 at 315.
10 Dwarka Cement Works Ltd v State of Gujarat Dwarka Cement Works Ltd v State of Gujarat Dwarka Cement Works Ltd v
State of Gujarat (1992) 1 Guj LH 9 at 15-16.

AND CONTROL OF AIR POLLUTION/F. PENALTIES AND PROCEDURE/(i) Offences/[135.066] Offences
by government departments
[135.066] Offences by government departments Where an offence under the Air (Prevention and Control
of Pollution) Act 1981 is committed by any department of government, the head of the department is deemed
to be guilty of the offence and is liable to be proceeded against and punished1. However, where the head of
the department proves that the offence was committed without his knowledge or that he exercised all due
diligence to prevent the commission of the offence, he must not be liable to any punishment2.
Where an offence is committed by a department of government and it is proved that the offence was
committed with the consent or connivance of, or was attributable to any neglect on the part of any officer,
other than the head of the department, such person is also deemed to be guilty of that offence and is liable to
be proceeded against and punished3.
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AND CONTROL OF AIR POLLUTION/F. PENALTIES AND PROCEDURE/(i) Offences/[135.067]
Cognisance of offences
[135.067] Cognisance of offences A court is prevented from taking cognisance of any offence under the Air
(Prevention and Control of Pollution) Act 1981, except on a complaint made by a board or any officer
authorised by the board1; or any person who has given a notice of not less than 60 days in the prescribed
manner of the alleged offence and of his intention to make a complaint to the board or its authorised officer2.
The object of the Air (Prevention and Control of Pollution) Act 1981 is to avoid frivolous prosecutions and that
is why the board has been given the authority to grant sanction. The state board is expected to consider the
material placed before it by the investigating agency and to decide whether prosecution is necessary and if
so who is to be prosecuted3. An offence under the Air (Prevention and Control of Pollution) Act 1981 may not
be tried by a court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class4.
Where a complaint has been made by a person, other than the board or its authorised officer, the board is
required to make the relevant reports available in its possession to such person5. However, a board may
refuse disclosure where it considers the disclosure to be against public interest6.
2 Air (Prevention and Control of Pollution) Act 1981 s 43(1)(b). As to power of the state governments to make rules see
[135.026].
3 S M Dubash v V M Bhosale, Air Pollution Control Officer S M Dubash v V M Bhosale, Air Pollution Control Officer S M
Dubash v V M Bhosale, Air Pollution Control Officer (1996) 2 Mah LJ 312 at 315.

AND CONTROL OF AIR POLLUTION/F. PENALTIES AND PROCEDURE/(ii) Penalties/[135.068] Failure to
comply with certain provisions
[135.068] Failure to comply with certain provisions Any person who fails to comply with the provisions of
the Air (Prevention and Control of Pollution) Act 1981 in respect of the restriction on the use of industrial
plants in an air pollution control area1; or emission standards laid down by the state board2 or directions
issued by a board3; is punishable in respect of each such failure with imprisonment for a term not less than
one year and six months but which may extend to six years and with fine4. Where the failure continues, an
additional fine which may extend to Rs 5,000 for each day during which the failure continues after conviction
for the first such failure, may be imposed5. Where the failure continues beyond the period of one year after
the date of conviction, the offender is punishable with imprisonment for a term which is not less than two
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years and which may extend to seven years and with fine6.
3 Air (Prevention and Control of Pollution) Act 1981 s 31A.
5 See note 4 above.

AND CONTROL OF AIR POLLUTION/F. PENALTIES AND PROCEDURE/(ii) Penalties/[135.069] Penalties
for certain acts
[135.069] Penalties for certain acts A person is punishable with imprisonment for a term which may extend
to three months or with fine which may extend to Rs. 10,000 or with both, where he:
(1) 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 a board1;
(2) obstructs any person acting under the orders or directions of the board from exercising his
powers and performing his functions under the Air (Prevention and Control of Pollution) Act
19812;
(3) damages any works or property belonging to a board3;
(4) fails to furnish to the board or its officer or employee any information required by the board or
its officer or employee for the purpose of the Act4;
(5) fails to intimate the occurrence of the emission of air pollutants into the atmosphere in excess
of the prescribed standards or the apprehension of such an occurrence to the state board and
other prescribed authorities5;
(6) makes a statement which is false, in any material particular, while giving any information he is
required to give under the Act6;
(7) makes a statement which is false, in any material particular, for the purpose of obtaining any
consent7.
1 Air (Prevention and Control of Pollution) Act 1981 s 38(a).
2 Air (Prevention and Control of Pollution) Act 1981 s 38(b).
3 Air (Prevention and Control of Pollution) Act 1981 s 38(c).
4 Air (Prevention and Control of Pollution) Act 1981 s 38(d).
5 Air (Prevention and Control of Pollution) Act 1981 s 38(e). As to furnishing of information see [135.054].
6 Air (Prevention and Control of Pollution) Act 1981 s 38(f).
7 Air (Prevention and Control of Pollution) Act 1981 s 38(g). As to restrictions on industrial plants see [135.046].
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AND CONTROL OF AIR POLLUTION/F. PENALTIES AND PROCEDURE/(ii) Penalties/[135.070] Penalty for
contravention of certain provisions
[135.070] Penalty for contravention of certain provisions Any person who contravenes any provision of
the Air (Prevention and Control of Pollution) Act 1981 or any order or direction issued under the Act, for
which no penalty is specifically provided in the Act, is punishable with imprisonment which may extend to
three months or with fine which may extend to Rs 10,000 or both1. Where the contravention continues the
person is punishable with an additional fine which may extend to Rs 5,000 for each day during which the
contravention continues after conviction for the first such contravention2. A polluting firm was acquitted for
the offence where the state board failed to produce:
(1) the official gazette declaring the air pollution control area; and
(2) a local newspaper notifying the declaration3, before the magistrate.
2 See note 1 above.
3 Dahyabhai Kalubhai Solanki v NJ Industries Dahyabhai Kalubhai Solanki v NJ Industries Dahyabhai Kalubhai Solanki v NJ
Industries (1996) 1 Guj L H 466 at 468-469.

AND CONTROL OF AIR POLLUTION/F. PENALTIES AND PROCEDURE/(iii) Action In Good
Faith/[135.071] Generally
[135.071] Generally No suit, prosecution or other legal proceeding must lie against the government or any
officer of the government or any member, officer or employee of a board in respect of anything which is done
or intended to be done in good faith in pursuance of the Air (Prevention and Control of Pollution) Act 1981 or
the rules framed under the Act1. All the members, officers and employees of a board when acting in
pursuance of any of the provisions of the Air (Prevention and Control of Pollution) Act 1981 or the rules made
under the Act are deemed to be public servants within the meaning of the Indian Penal Code 18602.
2 Air (Prevention and Control of Pollution) Act 1981 s 44; Indian Penal Code 1860 s 21.

AND CONTROL OF AIR POLLUTION/F. PENALTIES AND PROCEDURE/(iv) Bar of Jurisdiction/[135.072]
Generally
[135.072] Generally A civil court is barred from entertaining any suit or proceeding in respect of a matter
which an Appellate Authority1 constituted under the Air (Prevention and Control of Pollution) Act 1981 is
empowered to determine2. A court or other authority is barred from issuing an injunction in respect of any
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action taken or to be taken in pursuance of any power conferred by or under the Act3.
1 As to appeals see [135.058].

(Environment; Misrepresentation and Fraud)/[135] ENVIRONMENT/4. AIR POLLUTION/(2) VEHICULAR
POLLUTION/[135.073] Vehicular pollution regulations
[135.073] Vehicular pollution regulations The principal statutes governing vehicular1 emissions are the
Motor Vehicles Act 1988 and the Central Motor Vehicles Rules 1989 framed under that Act. The
Environment (Protection) Rules 1986issued under the Environment (Protection) Act 1986 and the Air
(Prevention and Control of Pollution) Act 1981 supplement the primary regulations.
the Motor Vehicles Act 1988 empowers the Central Government to prescribe emission standards for
vehicles2 and to frame rules regulating the construction, equipment and maintenance of motor vehicles in
relation to the emission of smoke, visible vapour, sparks, ashes, grit or oil3. The Central Government may
also make rules to reduce noise emitted or caused by vehicles4 and for the installation of catalytic converters
in prescribed classes of vehicles5. Rules relating to matters dealing with the protection of the environment
are required to be made after consulting the Union Ministry dealing with environment6. A person committing
a breach of the prescribed air pollution standards is liable to be punished with a fine of Rs.1000 for a first
offence and Rs.2000 for subsequent offences7.
the Central Motor Vehicle Rules 1989 prescribe national emission levels for diesel and petrol driven
vehicles8. Every motor vehicle is required to be maintained and driven so as to comply with the standards
prescribed9. The manufacturer of the vehicle is required to certify that every new vehicle conforms to the
prescribed standards and that the vehicles are designed and constructed to meet these emission levels10.
Vehicles that are more than a year old must carry a valid 'pollution under control' certificate issued by the
state government's authorised agent11. The certificate is valid for a period of six months or such shorter
period that may be prescribed by the state government12. The certificate is required to be carried in the
vehicle and produced on demand to designated officers13.
Where there is a reason to believe that emission norms or the 'pollution under control' certificate requirement
is not complied with, designated officers are empowered to require the driver of a vehicle to get the
automobile emissions tested14. Where the vehicle does not meet emission standards, the driver or person in
charge of the vehicle must rectify the defect within seven days15. The failure to rectify the defects attracts a
fine of Rs. 1000 on the owner of the vehicle respect of a first offence and a fine of Rs.2000 for subsequent
offences16. The primary agency for the enforcement of vehicular emission norms is the Motor Vehicles
Department established by the state government under the Motor Vehicles Act 198817.
The Environment (Protection) Act 1986 adopts a broadly consistent regulatory model. Emission standards in
respect of motor vehicles have also been issued under the Environment (Protection) Rules 198618 The
Central Government has empowered the state and Regional Transport Authorities constituted under the
Motor Vehicles Act 198819 to inspect motor vehicles and collect samples for the purposes of analysis under
the Environment (Protection) Act 198620. The State and Regional Transport Authorities are also empowered
under the Environment (Protection) Act 1986 to enter any place for the purpose of performing any function
entrusted to the authorities by the Central Government and to conduct search and seizure operations21.
The Air (Prevention and Control of Pollution) Act 1981 empowers the state board to lay down standards of air
52 52
Page
pollutants released by automobiles22 in consultation with the Central Board23. The state government in
consultation with the state board is required to instruct the vehicle registration authority under the Motor
Vehicles Act 1988 to ensure that automobile emission norms are complied with and the authority is obliged
to comply with such instructions24.
1 Motor Vehicles Act 1988 s 2 (28): 'vehicle' means any mechanically propelled vehicle adopted for use upon roads and
includes a chassis to which a body has not been attached and a trailer.
2 Motor Vehicles Act 1988 s 110(1)(m).
3 Motor Vehicles Act 1988 s 110(1)(g).
4 Motor Vehicles Act 1988 s 110(1)(h).
5 Motor Vehicles Act 1988 s 110(1)(n).
6 Motor Vehicles Act 1988 s 110(1) proviso.
7 Motor Vehicles Act 1988 s 190(2).
8 Central Motor Vehicles Rules 1989 r 115.
9 Central Motor Vehicles Rules 1989 r 115(1).
16 Central Motor Vehicles Rules 1989 r 116(6) and Motor Vehicles Act 1988 s 190(2).
17 Motor Vehicles Act 1988 s 213.
18 Environment (Protection) Rules 1986Sch IV.
19 Motor Vehicles Act 1988 s 68.
20 Environment (Protection) Act 1986 s 11 and Notification No SO 84 (E) dated 16 February 1987 issued thereunder.
21 Environment (Protection) Act 1986 s 10 and Notification No SO 83(E) issued thereunder.
22 Air (Prevention and Control of Pollution) Act 1981 s 2 (e): 'automobile' means any vehicle powered either by internal
combustion engine or by any method of generating power to drive such vehicle by burning fuel.

(Environment; Misrepresentation and Fraud)/[135] ENVIRONMENT/4. AIR POLLUTION/(2) VEHICULAR
POLLUTION/[135.074] Vehicular pollution cases
53 53
Page
[135.074] Vehicular pollution cases The Supreme Court of India has guided developments in vehicular
pollution regulation in the national capital region through periodic directions issued in a public interest
litigation1. The wide range of judicial directions have covered the effective prosecution of defaulters2, the
introduction of catalytic converters for new vehicles and lead free petrol in the metropolitan regions3, the
extension of the unleaded petrol distribution network4, the conversion of government vehicles to operate on a
cleaner fuel (compressed natural gas)5, the phasing out of old commercial vehicles6, the introduction of
stringent emission norms for new vehicles7 and the conversion of the public transport fleet in polluted cities
to compressed natural gas8.
The High Courts have directed the enforcement agencies to strictly implement vehicular emission
regulations9 and have issued directions phasing out old transport vehicles and converting taxis to clean fuels
with a view to reduce vehicular pollution10.
1 MC Mehta v Union of India Writ Petition (Civ) No 13029/1985.
2 MC Mehta v Union of India MC Mehta v Union of India MC Mehta v Union of India (1991) 2 SCC 137 at 138.
3 M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India (1997) 4 Scale (SP) 5; M C Mehta v
Union of India M C Mehta v Union of India M C Mehta v Union of India (1997) 4 Scale (SP) 6.
2131] [LNIND 1996 SC 2131] [LNIND 1996 SC 2131].
5 M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India (1997) 4 Scale (SP) 7.
6 M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India (1998) 6 SCC 63 [LNINDORD 1998 SC
3] [LNINDORD 1998 SC 3] [LNINDORD 1998 SC 3] at 64; M C Mehta v Union of India M C Mehta v Union of India M C Mehta
v Union of India AIR 1999 SC 291 [LNIND 1998 SC 909] [LNIND 1998 SC 909] [LNIND 1998 SC 909], M C Mehta v Union of
India M C Mehta v Union of India M C Mehta v Union of India (1998) 8 SCC 206 [LNIND 1998 SC 909] [LNIND 1998 SC 909]
[LNIND 1998 SC 909], M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India (1998) 6 JT 590.
7 M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India (1999) 6 SCC 12; M C Mehta v Union of
India M C Mehta v Union of India M C Mehta v Union of India (1999) 6 SCC 14.
8 M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India (2000) 9 SCC 519; M C Mehta v Union
of India M C Mehta v Union of India M C Mehta v Union of India (2002) 4 SCC 356 [LNIND 1996 SC 2207] [LNIND 1996 SC
2207] [LNIND 1996 SC 2207]; M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India AIR 2001
SC 1848 [LNIND 2001 GUJ 6136] [LNIND 2001 GUJ 6136] [LNIND 2001 GUJ 6136].
9 Murali Purshothaman v Union of India Murali Purshothaman v Union of India Murali Purshothaman v Union of India AIR 1993
Ker 297 [LNIND 1993 KER 28] [LNIND 1993 KER 28] [LNIND 1993 KER 28], Murali Purshothaman v Union of India Murali
Purshothaman v Union of India Murali Purshothaman v Union of India (1993) ILR 2 Ker 728; Santosh Kumar Gupta v
Secretary, Ministry of Environment, New Delhi Santosh Kumar Gupta v Secretary, Ministry of Environment, New Delhi Santosh
Kumar Gupta v Secretary, Ministry of Environment, New Delhi AIR 1998 MP 43 at 45, Santosh Kumar Gupta v Secretary,
Ministry of Environment, New Delhi Santosh Kumar Gupta v Secretary, Ministry of Environment, New Delhi Santosh Kumar
Gupta v Secretary, Ministry of Environment, New Delhi (1998) 2 Jab LJ 61, Santosh Kumar Gupta v Secretary, Ministry of
Environment, New Delhi Santosh Kumar Gupta v Secretary, Ministry of Environment, New Delhi Santosh Kumar Gupta v
Secretary, Ministry of Environment, New Delhi (1997) 2 MP LJ 602.
10 Smoke Affected Residents' Forum v Municipal Corpn of Greater Mumbai Smoke Affected Residents' Forum v Municipal
Corpn of Greater Mumbai Smoke Affected Residents' Forum v Municipal Corpn of Greater Mumbai (2002) 2 Mah LJ 89.

(Environment; Misrepresentation and Fraud)/[135] ENVIRONMENT/4. AIR POLLUTION/(3) POLLUTION
CONTROL AND PUBLIC INTEREST LITIGATION/[135.075] Public interest litigation
[135.075] Public interest litigation The Supreme Court of India and the High Courts in the states have
intervened in numerous public interest litigations concerning air pollution. The directions issued by the courts
54 54
Page
have supplemented the legislative framework and strengthened the enforcement machinery Judicial
intervention has been prompted by the failure or neglect on the part of the Central and the state boards and
other enforcement agencies to discharge their statutory and constitutional obligations to regulate air
pollution1. A court will decline to interfere in the exercise of its writ jurisdiction where the state board is alert
to the matter2.
While environmental changes are an inevitable consequence of development, industry cannot be permitted
to damage the environment to the extent that it becomes a health hazard to the neighbouring community3.
The Supreme Court has issued wide ranging directions to protect the Taj Mahal from atmospheric pollution4;
reduce vehicular pollution in the National Capital Region5; control air pollution caused by kiln operators6;
restrict noise pollution caused by loudspeakers7; and regulate air pollution caused by quarry operators8.
The high courts have endeavoured to reduce atmospheric pollution caused by stone quarries9, stone
crushing operations10, vehicular emissions11, loudspeakers12, and car horns13.
1 M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India (1992) 3 SCC 256 [LNIND 1992 SC 418]
[LNIND 1992 SC 418] [LNIND 1992 SC 418], M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of
India [1992] 3 SCR 357 [LNIND 1992 SC 418] [LNIND 1992 SC 418] [LNIND 1992 SC 418], M C Mehta v Union of India M C
Mehta v Union of India M C Mehta v Union of India (1992) Cr LR 493; M C Mehta v Union of India M C Mehta v Union of India
M C Mehta v Union of India (2002) 4 SCC 356 [LNIND 1996 SC 2207] [LNIND 1996 SC 2207] [LNIND 1996 SC 2207] at 362;
M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India AIR 1999 SC 301 [LNIND 1998 SC 1130]
India (1991) 1 SCC 413, M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India (1998) 8 JT 341.
2 Navin Chemicals Manufacturing and Trading Ltd v New Okhala Industrial Development Authority Navin Chemicals
Manufacturing and Trading Ltd v New Okhala Industrial Development Authority Navin Chemicals Manufacturing and Trading Ltd
v New Okhala Industrial Development Authority (1987) All LJ 13.
India [1992] 3 SCR 357 [LNIND 1992 SC 418] [LNIND 1992 SC 418] [LNIND 1992 SC 418], M C Mehta v Union of India M C
Mehta v Union of India M C Mehta v Union of India (1992) Cr LR 493.
2207] [LNIND 1996 SC 2207] [LNIND 1996 SC 2207], M C Mehta v Union of India M C Mehta v Union of India M C Mehta v
India M C Mehta v Union of India M C Mehta v Union of India (1997) 1 Scale 61 [LNIND 1996 SC 2207] [LNIND 1996 SC 2207]
[LNIND 1996 SC 2207]; M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India (2002) 2 Scale 56;
M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India (2002) 7 Scale 45; M C Mehta v Union of
India M C Mehta v Union of India M C Mehta v Union of India (2000) 10 SCC 551; M C Mehta v Union of India M C Mehta v
Union of India M C Mehta v Union of India [1999] 4 LRI 837, M C Mehta v Union of India M C Mehta v Union of India M C
Mehta v Union of India AIR 1999 SC 3192 [LNIND 1999 SC 762] [LNIND 1999 SC 762] [LNIND 1999 SC 762], M C Mehta v
Union of India M C Mehta v Union of India M C Mehta v Union of India (1999) 6 SCC 611 [LNIND 1999 SC 762] [LNIND 1999
SC 762] [LNIND 1999 SC 762].
5 M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India (1991) 2 SCC 137; M C Mehta v Union
of India M C Mehta v Union of India M C Mehta v Union of India (2002) 4 SCC 356 [LNIND 1996 SC 2207] [LNIND 1996 SC
2207] [LNIND 1996 SC 2207]; M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India AIR 1999
SC 291 [LNIND 1998 SC 909] [LNIND 1998 SC 909] [LNIND 1998 SC 909], M C Mehta v Union of India M C Mehta v Union of
India M C Mehta v Union of India (1998) 8 SCC 206 [LNIND 1998 SC 909] [LNIND 1998 SC 909] [LNIND 1998 SC 909], M C
Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India (1998) 6 JT 590; M C Mehta v Union of India M
C Mehta v Union of India M C Mehta v Union of India AIR 1999 SC 301 [LNIND 1998 SC 1130] [LNIND 1998 SC 1130] [LNIND
1998 SC 1130], M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India (1999) 1 SCC 413 [LNIND
1998 SC 1130] [LNIND 1998 SC 1130] [LNIND 1998 SC 1130], M C Mehta v Union of India M C Mehta v Union of India M C
Mehta v Union of India (1998) 8 JT 341; M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India
(1999) 6 SCC 9; M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India (1999) 6 SCC 12; M C
Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India AIR 1998 SC 617 [LNIND 1998 SC 14] [LNIND
1998 SC 14] [LNIND 1998 SC 14], M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India (1999)
9 SCC 216; M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India (1998) 8 SCC 648 [LNIND
1996 SC 2131] [LNIND 1996 SC 2131] [LNIND 1996 SC 2131]; M C Mehta v Union of India M C Mehta v Union of India M C
Mehta v Union of India (1998) 6 SCC 60 [LNINDORD 1998 SC 2] [LNINDORD 1998 SC 2] [LNINDORD 1998 SC 2]; M C
Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India (1998) 6 SCC 63 [LNINDORD 1998 SC 3]
[LNINDORD 1998 SC 3] [LNINDORD 1998 SC 3]; M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union
of India (1991) 2 SCC 353, M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India [1991] 1 SCR
55 55
Page
866 See [135.075].
6 World Saviors v Union of India World Saviors v Union of India World Saviors v Union of India (1996) 4 Scale (SP) 22.
7 Church of God (Full Gospel) in India v KKR Majestic Colony Welfare Association Church of God (Full Gospel) in India v KKR
Majestic Colony Welfare Association Church of God (Full Gospel) in India v KKR Majestic Colony Welfare Association [2000] 3
LRI 1034, Church of God (Full Gospel) in India v KKR Majestic Colony Welfare Association Church of God (Full Gospel) in
India v KKR Majestic Colony Welfare Association Church of God (Full Gospel) in India v KKR Majestic Colony Welfare
Association AIR 2000 SC 2773 [LNIND 2000 SC 1165] [LNIND 2000 SC 1165] [LNIND 2000 SC 1165], Church of God (Full
Gospel) in India v KKR Majestic Colony Welfare Association Church of God (Full Gospel) in India v KKR Majestic Colony
Welfare Association Church of God (Full Gospel) in India v KKR Majestic Colony Welfare Association (2000) 7 SCC 282
[LNIND 2000 SC 1165] [LNIND 2000 SC 1165] [LNIND 2000 SC 1165].
8 M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India (1992) Supp (2) SCC 85; M C Mehta v
Union of India M C Mehta v Union of India M C Mehta v Union of India (1996) 1 Scale (SP) 29; M C Mehta v Union of India M C
Mehta v Union of India M C Mehta v Union of India (1992) Supp (2) SCC 86; M C Mehta v Union of India M C Mehta v Union
of India M C Mehta v Union of India (1992) 3 SCC 256 [LNIND 1992 SC 418] [LNIND 1992 SC 418] [LNIND 1992 SC 418], M C
Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India [1992] 3 SCR 357 [LNIND 1992 SC 418] [LNIND
1992 SC 418] [LNIND 1992 SC 418], M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India
(1992) Cr LR 493.
9 Court on its Own Motion v State of Himachal Pradesh Court on its Own Motion v State of Himachal Pradesh Court on its Own
Motion v State of Himachal Pradesh (1994) For LT 103.
10 Obayya Pujary v Member Secretary, Karnataka State pollution control board, Bangalore Obayya Pujary v Member
Secretary, Karnataka State pollution control board, Bangalore Obayya Pujary v Member Secretary, Karnataka State pollution
control board, Bangalore AIR 1999 Kant 157 [LNIND 1998 KANT 324] [LNIND 1998 KANT 324] [LNIND 1998 KANT 324],
Obayya Pujary v Member Secretary, Karnataka State pollution control board, Bangalore Obayya Pujary v Member Secretary,
Karnataka State pollution control board, Bangalore Obayya Pujary v Member Secretary, Karnataka State pollution control
board, Bangalore (1999) 3 Kant LJ 651; Ishwar Singh v State of Haryana Ishwar Singh v State of Haryana Ishwar Singh v State
of Haryana AIR 1996 P&H 30, Ishwar Singh v State of Haryana Ishwar Singh v State of Haryana Ishwar Singh v State of
Haryana (1996) ILR 1 P&H 155, Ishwar Singh v State of Haryana Ishwar Singh v State of Haryana Ishwar Singh v State of
Haryana (1996) 1 Land LR 90.
11 Murali Purushothaman v Union of India Murali Purushothaman v Union of India Murali Purushothaman v Union of India AIR
1993 Ker 297 [LNIND 1993 KER 28] [LNIND 1993 KER 28] [LNIND 1993 KER 28], Murali Purushothaman v Union of India
Murali Purushothaman v Union of India Murali Purushothaman v Union of India (1993) ILR 2 Ker 728; Santosh Kumar Gupta v
Secretary, Ministry of Environment, New Delhi Santosh Kumar Gupta v Secretary, Ministry of Environment, New Delhi Santosh
Kumar Gupta v Secretary, Ministry of Environment, New Delhi AIR 1998 MP 43, Santosh Kumar Gupta v Secretary, Ministry of
Environment, New Delhi Santosh Kumar Gupta v Secretary, Ministry of Environment, New Delhi Santosh Kumar Gupta v
Secretary, Ministry of Environment, New Delhi (1998) 2 Jab LJ 61, Santosh Kumar Gupta v Secretary, Ministry of Environment,
New Delhi Santosh Kumar Gupta v Secretary, Ministry of Environment, New Delhi Santosh Kumar Gupta v Secretary, Ministry
of Environment, New Delhi (1997) 2 MP LJ 602 Smoke Affected Residents' Forum v Municipal Corpn of Greater Bombay
Smoke Affected Residents' Forum v Municipal Corpn of Greater Bombay Smoke Affected Residents' Forum v Municipal Corpn
of Greater Bombay (2002) 2 Mah LJ 89.
12 PA Jacob v Superintendent of Police, Kottayam PA Jacob v Superintendent of Police, Kottayam PA Jacob v Superintendent
of Police, Kottayam AIR 1993 Ker 1 [LNIND 1992 KER 217] [LNIND 1992 KER 217] [LNIND 1992 KER 217], PA Jacob v
Superintendent of Police, Kottayam PA Jacob v Superintendent of Police, Kottayam PA Jacob v Superintendent of Police,
Kottayam (1993) ILR 1 Ker 248, PA Jacob v Superintendent of Police, Kottayam PA Jacob v Superintendent of Police,
Kottayam PA Jacob v Superintendent of Police, Kottayam (1992) 2 Ker LT 238; Moulana Mufti Syed Md Noorur Rehman
Barkati v State of West Bengal Moulana Mufti Syed Md Noorur Rehman Barkati v State of West Bengal Moulana Mufti Syed Md
Noorur Rehman Barkati v State of West Bengal AIR 1999 Cal 15 [LNIND 1998 CAL 73] [LNIND 1998 CAL 73] [LNIND 1998
CAL 73], Moulana Mufti Syed Md Noorur Rehman Barkati v State of West Bengal Moulana Mufti Syed Md Noorur Rehman
Barkati v State of West Bengal Moulana Mufti Syed Md Noorur Rehman Barkati v State of West Bengal 2 IC 590; New Road
Brothers v Commissioner of Police, Ernakulam New Road Brothers v Commissioner of Police, Ernakulam New Road Brothers v
Commissioner of Police, Ernakulam AIR 1999 Ker 262 [LNIND 1999 KER 49] [LNIND 1999 KER 49] [LNIND 1999 KER 49],
New Road Brothers v Commissioner of Police, Ernakulam New Road Brothers v Commissioner of Police, Ernakulam New Road
Brothers v Commissioner of Police, Ernakulam (1999) ILR 2 Ker 698, New Road Brothers v Commissioner of Police,
Ernakulam New Road Brothers v Commissioner of Police, Ernakulam New Road Brothers v Commissioner of Police,
Ernakulam (1999) 1 Ker LJ 524; Om Birangana Religious Society through Kalepada Das v The State of West Bengal Om
Birangana Religious Society through Kalepada Das v The State of West Bengal Om Birangana Religious Society through
Kalepada Das v The State of West Bengal (1996) 100 Cal WN 617.
13 Rabin Mukherjee v State of West Bengal Rabin Mukherjee v State of West Bengal Rabin Mukherjee v State of West Bengal
AIR 1985 Cal 222 [LNIND 1985 CAL 77] [LNIND 1985 CAL 77] [LNIND 1985 CAL 77], Rabin Mukherjee v State of West
Bengal Rabin Mukherjee v State of West Bengal Rabin Mukherjee v State of West Bengal (1985) 89 Cal WN 573, Rabin
Mukherjee v State of West Bengal Rabin Mukherjee v State of West Bengal Rabin Mukherjee v State of West Bengal (1985) 1
Cal HN 315.
56 56
Page

(Environment; Misrepresentation and Fraud)/[135] ENVIRONMENT/5. WATER POLLUTION/(1)
PREVENTION AND CONTROL OF WATER POLLUTION/A. LEGISLATION/[135.076] Introduction
[135.076] Introduction The principal statutory instruments to regulate water pollution are the Water
(Prevention and Control of Pollution) Act 19741 and the rules framed under that Act by the Central and state
governments2. Parliament has enacted the Water (Prevention and Control of Pollution) Cess Act 1977 to
fund the enforcement agencies responsible for preventing and controlling water pollution3. The legislative
framework for controlling marine pollution is provided by the Territorial Waters, Continental Shelf, Exclusive
Economic Zone and Other Maritime Zones Act 19764. Lakes and groundwater resources in India are largely
unregulated5. The higher judiciary has entertained public interest litigations relating to water pollution and
has issued directions to supplement the statutory regime6.
1 The provisions of the Water (Prevention and Control of Pollution) Act 1974 override any other enactment: Water (Prevention
and Control of Pollution) Act 1974 s 60.
2 As to control of water pollution see [135.078] and following.
3 See [135.136] -[135.144] .
4 As to marine pollution see [135.145].
5 See [135.146]-[135.147].
6 As to water pollution and public interest litigation see [135.180].

PREVENTION AND CONTROL OF WATER POLLUTION/A. LEGISLATION/[135.077] Legislation, scope
and object
[135.077] Legislation, scope and object The Water (Prevention and Control of Pollution) Act 1974 was the
first national legislation to deal comprehensively with pollution1. It was passed to prevent the discharge of
domestic and industrial effluents into water courses without adequate treatment, since untreated discharges
were rendering the streams unsuitable as a source of drinking water, for supporting fish life and for use in
irrigation2. The fundamental objective of the Water (Prevention and Control of Pollution) Act 1974 is to
provide clean drinking water to the citizen3. The intention behind the Water (Prevention and Control of
Pollution) Act 1974 is to prevent pollution of water and to restore water to its natural state, after industrial
use4.
Initially the Water (Prevention and Control of Pollution) Act 1974 extended to the 12 states that had passed
enabling resolutions and the union territories5. It now extends to all the remaining states since these states
have adopted the Act6.
1 The Water (Prevention and Control of Pollution) Act 1974 was first amended in 1978 to overcome certain drawbacks that
were noticed in implementation (Water (Prevention and Control of Pollution) Amendment Act 1978 statement of object and
reasons). The Act was amended again in 1988 to provide for stiffer penalties (see [135.115]-[135.116]) and greater
administrative powers (see [135.089]): Water (Prevention and Control of Pollution) Amendment Act 1988.
57 57
Page
2 Water (Prevention and Control of Pollution) Act 1974 statement of objects and reasons.
Pradesh Pollution Control Board-II v M V Nayudu [2001] 4 LRI 657, Andhra Pradesh Pollution Control Board-II v M V Nayudu
Andhra Pradesh Pollution Control Board-II v M V Nayudu Andhra Pradesh Pollution Control Board-II v M V Nayudu (2001) 2
SCC 62 [LNIND 2000 SC 1720] [LNIND 2000 SC 1720] [LNIND 2000 SC 1720] at 69-70.
4 Chandra Enterprises v Cess Appellate Committee Chandra Enterprises v Cess Appellate Committee Chandra Enterprises v
Cess Appellate Committee (1991) All LJ 729.
5 The 12 states that passed consent resolutions were Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and
Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal: Water (Prevention and Control of
Pollution) Act 1974 s 1(2). As to legislative competence in environmental matters see [135.003].
6 Water (Prevention and Control of Pollution) Act 1974 s 1(3).

PREVENTION AND CONTROL OF WATER POLLUTION/B. RULE-MAKING POWER/[135.078] Water
pollution rules
[135.078] Water pollution rules The Central Government has framed rules dealing with the terms and
conditions of service of the members of the Central Board ('the Central Pollution Control Board'), the powers
and duties of the chairman and member-secretary of the Central Board; the temporary association of
persons with the Central Board; the appointment and functions of a consulting engineer; the forms of the
budget, annual report and account of the Central Board; the functions and reports of the Central Water
Laboratory; and the qualifications of and reports by a government analyst1. These rules also regulate the
powers and functions of the Central Board in relation to union territories2. The procedure for the transaction
of business of the Central Board and its committees is separately prescribed3.
Several state governments including the states of Andhra Pradesh4, Assam5, Bihar6, Gujarat7, Haryana8,
Karnataka9, Kerala10, Madhya Pradesh11, Maharashtra12, Meghalaya13, Orissa14, Punjab15, Tamil Nadu16
and Uttar Pradesh17 have framed rules under the Water (Prevention and Control of Pollution) Act 1974.
Generally, these state rules deal with the terms and conditions of service of the chairman and other
members of the state board ('the state pollution control board'), the procedures for the transaction of
business of the state board and its committees, the temporary association of persons with the state board,
the appointment of a consulting engineer, the procedure for analysis of samples submitted to the state water
laboratory the powers and duties of the chairman and the member-secretary of the state board, the
procedure for the consent applications, the procedure in respect of appeals, forms in respect of the budget,
annual account and consent register of the state board and the functions to be performed by the state board.
The procedure required to be followed in respect of directions issued under the Water (Prevention and
Control of Pollution Act) 197418 been prescribed by the rules framed by Karnataka19.
1 Water (Prevention and Control of Pollution) Rules 1975. As to Cenrtal Water Laboratory see [135.110].
2 Water (Prevention and Control of Pollution) Rules 1975rr 29-35.
3 Central Board for the Prevention and Control of Water Pollution (Procedure for Transaction of Business) Rules 1975.
4 Andhra Pradesh Water (Prevention and Control of Pollution) Rules 1976; Andhra Pradesh State Board for the Prevention and
Control of Water Pollution (Procedure for Transaction of Business) Rules 1976.
5 Water (Prevention and Control of Pollution) Assam Rules 1977.
6 Bihar Water (Prevention and Control of Pollution) Rules 1986; Bihar Water (Prevention and Control of Pollution) Appeal Rules
1981; Bihar State Water (Prevention and Control of Pollution) (Consent Fees) Rules 1984.
58 58
Page
7 Gujarat Water (Prevention and Control of Pollution) Rules 1976; Gujarat Water (Prevention and Control of Pollution) Appeal
Rules 1982.
8 Haryana Water (Prevention and Control of Pollution) Rules 1978.
9 Karnataka State Board for the Prevention and Control of Water Pollution (Procedure for Transaction of Business) and the
Water (Prevention and Control of Pollution) Rules 1976.
10 Kerala Water (Prevention and Control of Pollution) Rules 1976; Kerala Water (Prevention and Control of Pollution) Appellate
Authority Rules 1977.
11 Water (Prevention and Control of Pollution) (Consent) Madhya Pradesh Rules 1975; Madhya Pradesh (Prevention and
Control of Pollution) Appeal Rules 1976; Madhya Pradesh State Prevention and Control of Water Pollution Board and its
Committees (Meetings) Rules 1975.
12 Maharashtra Water (Prevention and Control of Pollution) Rules 1983.
13 Meghalaya Water (Prevention and Control of Pollution) Rules 1976.
14 Orissa Water (Prevention and Control of Pollution) Rules 1983.
15 Punjab State Board for the Prevention and Control of Water Pollution (Procedure for the Transaction of Business) Rules
1976; Punjab Water (Prevention and Control of Water Pollution) Appeal Rules 1978.
16 Tamil Nadu Water (Prevention and Control of Pollution) Rules 1983.
17 Uttar Pradesh Water (Consent for Discharge of Sewage and Trade Effluents) Rules 1981.
18 Water (Prevention and Control of Pollution) Act 1974 s 33A.
19 Karnataka State Board for the Prevention and Control of Water Pollution (Procedure for Transaction of Business) and the
Water (Prevention and Control of Pollution) Rules 1976 r 34.

PREVENTION AND CONTROL OF WATER POLLUTION/B. RULE-MAKING POWER/[135.079] Central
Government's powers of making, laying and modifying rules
[135.079] Central Government's powers of making, laying and modifying rules The Central
Government is empowered to make rules simultaneously with the constitution of the Central Board ('the
Central Pollution Control Board') in respect of the matters enumerated below1. Thereafter, rules may be
made, varied, amended or repealed in consultation with the Central Board2.
The rules may provide for the following matters:
(1) the terms and conditions of service of the members, other than the chairman and
member-secretary, of the Central Board3;
(2) the intervals and the time and place at which meetings of the Central Board or any committee
of the Central Board must be held and the procedure to be followed at such meetings, including
the quorum necessary for the transaction of business4;
(3) the fees and allowances to be paid to the members of a committee of the Central Board, not
being members of the Central Board5;
(4) the manner in which and the purposes for which persons may be associated with the Central
Board6;
(5) the fees and allowances to be paid to persons associated with the Central Board7;
(6) the terms and conditions of service of the chairman and member-secretary of the Central
Board8;
(7) the conditions subject to which the Central Board may appoint a consulting engineer9;
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(8) the powers and duties to be exercised and performed by the chairman and member-secretary
of the Central Board10;
(9) the form of the reports of the Central Board analyst11 and the government analyst12;
(10) the form in which and the time in which the budget of the Central Board may be prepared and
forwarded to the Central Government13;
(11) the form in which the annual report of the Central Board may be prepared14;
(12) the form in which the accounts of the Central Board may be maintained15;
Central Board or officer authorised in respect of an alleged offence16;
(14) any other matter relating to the Central Board including powers and functions of that board in
relation to union territories17 or any other matter that may be prescribed18.
Every rule made by the Central Government under the Water (Prevention and Control of Pollution) Act 1974
is required to be laid before each House of Parliament, while it is in session, for a total period of 30 days
which may be comprised in one session or in two or more successive sessions. If before the expiry of the
session immediately following the session in which the 30 day period expired, both Houses agree in making
any modification in the rule or both Houses agree that the rule must not be made, the rule must thereafter
have effect only in such modified form or be of no effect, as may be the case. However, such modification or
annulment does not prejudice the validity of anything previously done under that rule19.
2 Water (Prevention and Control of Pollution) Act 1974 s 63(1) proviso.
3 Water (Prevention and Control of Pollution) Act 1974 s 63(2)(a). See [135.081].
4 Water (Prevention and Control of Pollution) Act 1974 s 63(2)(b). See [135.084].
5 Water (Prevention and Control of Pollution) Act 1974 s 63(2)(c). See [135.084].
6 Water (Prevention and Control of Pollution) Act 1974 s 63(2)(d). See [135.084].
8 Water (Prevention and Control of Pollution) Act 1974 s 63(2)(e). See [135.081], [135.086].
9 Water (Prevention and Control of Pollution) Act 1974 s 63(2)(f). See [135.086].
10 Water (Prevention and Control of Pollution) Act 1974 s 63(2)(g). See [135.085].
11 Water (Prevention and Control of Pollution) Act 1974 s 63(2)(j). See [135.096].
12 Water (Prevention and Control of Pollution) Act 1974 s 63(2)(k). See [135.096].
13 Water (Prevention and Control of Pollution) Act 1974 s 63(2)(l). See [135.112].
14 Water (Prevention and Control of Pollution) Act 1974 s 63(2)(ll). See [135.113].
15 Water (Prevention and Control of Pollution) Act 1974 s 63(2)(m). See [135.114].
16 Water (Prevention and Control of Pollution) Act 1974 s 63(2)(mm). See [135.122].
17 Water (Prevention and Control of Pollution) Act 1974 s 63(2)(n).
18 Water (Prevention and Control of Pollution) Act 1974 s 63(2)(o).

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PREVENTION AND CONTROL OF WATER POLLUTION/B. RULE-MAKING POWER/[135.080] State
governments' powers of making, laying and modifying rules
[135.080] State governments' powers of making, laying and modifying rules The state government may
simultaneously with the constitution of the state board ('the state pollution control board') make rules to carry
out the purposes of the Water (Prevention and Control of Pollution) Act 19741. Such rules may not cover
matters falling within the purview of the Central Government's rule making power2. After the constitution of
the state board, the state government is required to consult the state board before making, varying,
amending or repealing any rule3.
Without limiting the general power of the state government to make rules, the rules may provide for the
following matters:
(1) the terms and conditions of service of the members (other than the chairman and
member-secretary) of the state board4;
(2) the time and place of meetings of the state board or any committee of the state board and the
procedure to be followed at such meetings, including the quorum necessary for the transaction
of business5;
(3) the fees and allowances to be paid to the members of a committee of the state board, not
being members of the state board6;
(4) the manner in which and the purposes for which persons may be associated with the state
board7;
(5) the fees and allowances to be paid to persons associated with the state board8;
(6) the terms and conditions of service of the chairman and the member-secretary of a state
board9;
(7) the conditions subject to which a state board may appoint a consulting engineer10;
(8) the powers and duties to be exercised and discharged by the chairman and the
member-secretary of a state board11;
(9) the form of the notice to be served on a person when drawing a sample12;
(10) the forms of the report of the state board analyst13 and government analyst14;
(11) the form of application for the consent of the state board and the particulars the application
may contain15;
(12) the manner in which an inquiry for the grant of consent may be made and the matters to be
taken into account in granting or refusing consent16;
(13) the form and manner in which appeals may be preferred, the fees payable in respect of such
appeals and the procedure to be followed by the Appellate Authority17;
(14) the form and the time in which the budget of the state board may be prepared and forwarded
to the state government18;
(15) the form in which the annual report of the state board may be prepared19;
(16) the form in which the accounts of the state board may be maintained20;
state board in respect of an alleged offence21;
2 Water (Prevention and Control of Pollution) Act 1974 s 64(1). See [135.115].
4 Water (Prevention and Control of Pollution) Act 1974 s 64(2)(a). See [135.081].
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5 Water (Prevention and Control of Pollution) Act 1974 s 64(2)(b). See [135.084].
9 Water (Prevention and Control of Pollution) Act 1974 s 64(2)(e). See [135.081], [135.086].
10 Water (Prevention and Control of Pollution) Act 1974 s 64(2)(f). See [135.086].
11 Water (Prevention and Control of Pollution) Act 1974 s 64(2)(g). See [135.085].
12 Water (Prevention and Control of Pollution) Act 1974 s 64(2)(h). See [135.095].
13 Water (Prevention and Control of Pollution) Act 1974 s 64(2)(i). See [135.096].
14 Water (Prevention and Control of Pollution) Act 1974 s 64(2)(j). See [135.096].
15 Water (Prevention and Control of Pollution) Act 1974 s 64(2)(k). See [135.099].
16 Water (Prevention and Control of Pollution) Act 1974 s 64(2)(l). See [135.099].
17 Water (Prevention and Control of Pollution) Act 1974 s 64(2)(m). See [135.102].
18 Water (Prevention and Control of Pollution) Act 1974 s 64(2)(n). See [135.112].
19 Water (Prevention and Control of Pollution) Act 1974 s 64(2)(nn). See [135.113].
20 Water (Prevention and Control of Pollution) Act 1974 s 64(2)(o). See [135.114].
21 Water (Prevention and Control of Pollution) Act 1974 s 64(2)(oo). See [135.122].
22 Water (Prevention and Control of Pollution) Act 1974 s 64(2)(p).

PREVENTION AND CONTROL OF WATER POLLUTION/C. CENTRAL AND STATE BOARDS FOR THE
PREVENTION AND CONTROL OF WATER POLLUTION/(i) Introduction/[135.081] Constitution and
composition of Central Board
[135.081] Constitution and composition of Central Board The Central Government has constituted the
Central Board ('the Central Pollution Control Board') to exercise the powers conferred on it and to perform
the functions assigned to it under the Water (Prevention and Control of Pollution) Act 19741.
The composition of the Central Board comprises a full time chairman nominated by the Central
Government2; upto five Central Government nominated officials3; upto five nominees of the Central
Government from amongst members of the state boards ('state pollution control boards')4, of whom, not
more than two persons are members of local authorities functioning in the states5; upto three nominees of
the Central Government representing the interests of agriculture, fishery, industry, trade or any other interest
that the Central Government considers ought to be represented6; two persons nominated by the Central
Government representing Central Government corporations7; and a full-time member-secretary appointed by
the Central Government and possessing qualifications, knowledge and experience of scientific, engineering
or management aspects of pollution control8.
The chairman of the Central Board must have special knowledge or practical experience in matters relating
to environmental protection or must have knowledge and experience in administering institutions dealing with
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environmental protection9.
The Central Board is a body corporate having perpetual succession and a common seal with power to
acquire, hold and dispose of property. It also has the right to contract and to sue and be sued10.
2 Water (Prevention and Control of Pollution) Act 1974 s 3(2)(a).
3 Water (Prevention and Control of Pollution) Act 1974 s 3(2)(b).
4 Water (Prevention and Control of Pollution) Act 1974 s 3(2)(c).
5 Water (Prevention and Control of Pollution) Act 1974 ss 3(2)(c)and4(2)(c).
6 Water (Prevention and Control of Pollution) Act 1974 s 3(2)(d).
7 Water (Prevention and Control of Pollution) Act 1974 s 3(2)(e).
8 Water (Prevention and Control of Pollution) Act 1974 s 3(2)(f).

PREVENTION AND CONTROL OF WATER POLLUTION/(i) Introduction/[135.082] Constitution of state
boards
[135.082] Constitution of state boards The state government is required to constitute a state board ('state
pollution control board') to exercise the powers and perform the functions assigned to such a board under the
Water (Prevention and Control of Pollution) Act 19741. The composition of the state board comprises a
chairman nominated by the state government2; upto five state government nominated officials3; upto five
nominees of the state government from amongst members of local authorities functioning within the state4;
upto three nominees of the state government representing the interests of agriculture, fishery, industry, trade
or any other interest that the government considers ought to be represented5; two persons nominated by the
state government representing government corporations6; and a full-time member-secretary appointed by
the state government possessing qualifications, knowledge and experience of scientific, engineering or
management aspects of pollution control7.
The chairman of the state board must have special knowledge or practical experience in matters relating to
environmental protection or must have knowledge and experience in administering institutions dealing with
environmental protection8. Where the qualification prescribed for appointment as chairman is not by
reference to any academic degree or other achievement but on the basis of special knowledge or practical
experience possessed by the person, the court may have to take assistance of an expert while deciding
whether or not the person was qualified9. The chairman may be either full time or part time, as the state
government considers appropriate10.
Every state board is a body corporate having perpetual succession and a common seal with the power to
acquire, hold and dispose of property. It also has the right to contract and to sue and be sued in its own
name11.
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9 G Jagannatha Pillai v State of Karnataka G Jagannatha Pillai v State of Karnataka G Jagannatha Pillai v State of Karnataka
(1998) 6 Kant LJ 126 [LNIND 1997 KANT 139] [LNIND 1997 KANT 139] [LNIND 1997 KANT 139] at 133.
10 Water (Prevention and Control of Pollution) Act 1971 s 4(2)(a) proviso.

PREVENTION AND CONTROL OF WATER POLLUTION/(i) Introduction/[135.083] Boards in union
territories
[135.083] Boards in union territories For a union territory, the Central Pollution Control Board is required to
exercise powers and perform functions of a state board ('a state pollution control board')1. However, in
relation to any union territory, the Central Pollution Control Board may delegate its powers and functions to
such a person or body of persons specified by the Central Government2.
1 Water (Prevention and Control of Pollution) Act 1974 s 4(4). As to composition of joint boards see [135.085].

PREVENTION AND CONTROL OF WATER POLLUTION/(ii) Joint boards/[135.084] Constitution of joint
boards
[135.084] Constitution of joint boards The statutory provisions relating to the constitution of a joint board
for the participating states and union territories override any other provisions in the Water (Prevention and
Control of Pollution) Act 19741 . An agreement to constitute a joint board may be entered into between:
(1) two or more governments of contiguous states; or

(2) the Central Government, in respect of one or more union territories and one or more
governments of states contiguous to the union territory or union territories2.
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The agreement may provide for its own term and may contain provisions for its renewal3. The agreement
may provide for the apportionment of expenditure between the participating states and the Central
Government, where one or more union territories is concerned, in connection with the joint board4. The
agreement may determine which of the participating state governments or the Central Government, where
one or more union territories is concerned, is to exercise the powers and perform the functions of the state
government under the Water (Prevention and Control of Pollution) Act 19745. The agreement may also
provide for consultation between the participating state governments and the Central Government, where
one or more union territories is concerned, either generally or with reference to particular matters arising
under the Water (Prevention and Control of Pollution) Act 19746 The agreement may also provide for
incidental and ancillary matters that may be necessary to give effect to the agreement provided that such
provisions are not inconsistent with the Water (Prevention and Control of Pollution) Act 19747. An agreement
constituting a joint board is required to be published in the official gazette of the participating states and the
participating union territory8.

PREVENTION AND CONTROL OF WATER POLLUTION/(ii) Joint boards/[135.085] Composition of joint
boards
[135.085] Composition of joint boards A joint board constituted under an agreement between the
governments of two or more states must consist of1 a full-time chairman nominated by the Central
Government; two officials from each of the participating states to be nominated by the concerned state
governments2; one person to be nominated by each participating state government from amongst the
members of the local authorities functioning within the concerned state3; one non-official to be nominated by
each participating state government to represent the interests of agriculture, fishery, industry or trade in the
state concerned, or any other interest that the state government considers ought to be represented4; two
persons nominated by the Central Government representing state government corporations5; and a full-time
member-secretary appointed by the Central Government6.
A joint board constituted under an agreement between the governments of one or more states and the
Central Government, in respect of one or more union territories, must consist of a full-time chairman
nominated by the Central Government7; two officials from each of the participating union territories to be
nominated by the Central Government; two officials from each of the participating states to be nominated by
the concerned state governments8; one person to be nominated by the Central Government from each
participating union territory from amongst the members of the local authorities functioning within each
participating union territory; one person to be nominated by each participating state government from
amongst the members of the local authorities functioning within the concerned state9; one non-official to be
nominated by the Central Government and each participating state government to represent the interests of
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agriculture, fishery, industry or trade in the union territory or state concerned, or any other interest that the
Central or state government considers ought to be represented10; two persons nominated by the Central
Government representing Central Government corporations situated in the participating union territory or
Territories11; two persons nominated by the Central Government representing state government
corporations; and a full-time member-secretary appointed by the Central Government12.
The chairman of the joint board must have special knowledge or practical experience in matters relating to
environmental protection or must have knowledge and experience in administering institutions dealing with
environmental protection13. The member-secretary of the joint board must possess qualifications, knowledge
and experience of scientific, engineering or management aspects of pollution control14.
Where a joint board is constituted under an agreement between the governments of one or more states and
the Central Government, in respect of one or more union territories, the Central Pollution Control Board is not
to exercise powers and perform functions of a state board ('state pollution control board') in relation to the
concerned union territory or Territories15. However, other provisions16 in the Water (Prevention and Control
of Pollution) Act 1974 would apply in relation to a joint board and its member-secretary, as they would apply
in relation to a state board and its member-secretary17. References in the Water (Prevention and Control of
Pollution) Act 1974 to the state board are required to be construed as including a joint board, unless the
context of the provision indicates otherwise18.
13 Water (Prevention and Control of Pollution) Act 1974 s 14(1)(a)ands 14 (2)(a).
14 Water (Prevention and Control of Pollution) Act 1974 s 14(1)(f)ands 14 (2)(f).
15 Water (Prevention and Control of Pollution) Act 1974 s 14(3). As to boards in union territories see [135.083].
16 Water (Prevention and Control of Pollution) Act 1974 s 4(3)andss 5-12.

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PREVENTION AND CONTROL OF WATER POLLUTION/(ii) Joint boards/[135.086] Central Government's
power to issue directions
[135.086] Central Government's power to issue directions Where a joint board is constituted, the Central
Government alone is competent to give any direction under the Water (Prevention and Control of Pollution)
Act 1974 when the direction relates to a matter within the territorial jurisdiction of two or more states or
pertains to a union territory1. The power of a state government to give any direction under the Water
(Prevention and Control of Pollution) Act 1974 is restricted to cases where the direction relates to a matter
within the exclusive territorial jurisdiction of the state2.
1 Water (Prevention and Control of Pollution) Act 1974 s 15(b).
2 Water (Prevention and Control of Pollution) Act 1974 s 15(a).

PREVENTION AND CONTROL OF WATER POLLUTION/(iii) Functions of Boards/[135.087] Functions of
Central Pollution Control Board
[135.087] Functions of Central Pollution Control Board The main function of the Central Board ('the
Central Pollution Control Board') is to promote cleanliness of streams1 and wells in different areas of the
states2. Without limiting the scope of its main function, the Central Board is required to advise the Central
Government on any matter concerning the prevention and control of water pollution3; co-ordinate the
activities of the state boards ('the state pollution control boards') and resolve disputes among them4; 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 pollution5; plan and
organise the training of persons engaged in programmes for the prevention, control or abatement of water
pollution on terms and conditions specified by the Central Board6; organise through mass media a
comprehensive programme regarding the prevention and control of water pollution7; perform such of the
functions of any state board as may be specified in an order passed by the Central Government8; 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
sewage9 and trade effluents10 and disseminate information in respect of matters relating to water pollution11;
lay down, modify or annul in consultation with the state government, the standards for a stream or well12;
plan and cause to be executed a nationwide programme for the prevention, control or abatement of water
pollution13 and perform such other functions as may be prescribed14. While laying down standards, different
standards may be prescribed for the same stream or well or for different streams or wells, having regard to
the quality of water, flow characteristics of the stream or well and the nature of the use of the water15. In
laying down standards for the discharge of pollutants, the pollution control boards must have regard to the
state of the industry and the extent to which pollution can take place without an adverse environmental
impact. By prescribing the standards and enforcing them, a balance is struck between industrialisation and
preservation of the environment16.
The Central Board may establish or recognise laboratories to enable it to efficiently perform its functions
including the analysis of samples of water from any stream or well or of samples of any sewage or trade
effluents17.
1 Water (Prevention and Control of Pollution) Act 1974 s 2(j): 'stream' includes: (i) river; (ii) water course, whether flowing or for
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the time being dry; (iii) inland water, whether natural or artificial; (iv) sub-terranean waters; (v) sea or tidal waters to such extent
or as the case may be, to such point as the state government may notify.
6 Water (Prevention and Control of Pollution) Act 1974s (2)(d).
8 Water (Prevention and Control of Pollution) Act 1974 ss 16(2)(ee), 18(2). As to Central Governments power to direct boards
see [135.089].
9 Water (Prevention and Control of Pollution) Act 1974 s 2(g): 'sewage effluent' means effluent from any sewerage system,
sewage disposal works and include sullage from open drains.
10 Water (Prevention and Control of Pollution) Act 1974 s 2 (k): 'trade effluent' includes any liquid, gaseous or solid substance
which is discharged from any premises used for carrying on any industry, operation or process, or treatment and disposal
system, other than domestic sewage. See Rajasthan State Electricity Board v Cess Appellate Committee Rajasthan State
Electricity Board v Cess Appellate Committee Rajasthan State Electricity Board v Cess Appellate Committee (1991) 1 SCC 93
[LNIND 1990 SC 581] [LNIND 1990 SC 581] [LNIND 1990 SC 581] at 101 (whether recycled water returned to a stream is a
'trade effluent' is a mixed question of law and fact).
12 Water (Prevention and Control of Pollution) Act 1974 s 16(2)(g).
13 Water (Prevention and Control of Pollution) Act 1974 s 16(2)(h).
15 Water (Prevention and Control of Pollution) Act 1974 s 16(2)(g) proviso.
16 Pravinbhai Jashbhai Patel v State of Gujarat Pravinbhai Jashbhai Patel v State of Gujarat Pravinbhai Jashbhai Patel v State
of Gujarat (1995) 2 Guj LR 1210 at 1253, Pravinbhai Jashbhai Patel v State of Gujarat Pravinbhai Jashbhai Patel v State of
Gujarat Pravinbhai Jashbhai Patel v State of Gujarat (1995) 2 Guj LH 352.

PREVENTION AND CONTROL OF WATER POLLUTION/(iii) Functions of Boards/[135.088] Functions of
state pollution control boards
[135.088] Functions of state pollution control boards A state board ('a state pollution control board') is
required to plan a comprehensive programme for the prevention, control or abatement of pollution of streams
and wells in the state and secure the execution thereof1; advise the state government on any matter
concerning the prevention, control or abatement of water pollution2; collect and disseminate information
relating to water pollution and its prevention, control or abatement3; encourage, conduct and participate in
investigations and research relating to problems of water pollution and its prevention, control and
abatement4; collaborate with the Central Board ('the Central Pollution Control Board') in organizing the
training of persons engaged in programmes relating to the prevention, control or abatement of water pollution
and to organise mass education programmes5; inspect sewage or trade effluents, works and plants for the
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treatment of sewage and trade effluents and to review plans, specifications or other data relating to plants
set up for the treatment of water, works for the purification of water and the system for the disposal of
sewage or trade effluents or in connection with the grant of any consent required by the Act6; lay down,
modify or annul effluent standards for the sewage and trade effluents and for the quality of receiving waters,
other than water in an inter-state stream, resulting from the discharge of effluents and to classify waters of
the state7; evolve economical and reliable methods of treatment of sewage and trade effluents, having
regard to the peculiar conditions of soils, climate and water resources of different regions and especially the
prevailing flow characteristics of water in streams and wells which render it impossible to attain even the
minimum degree of dilution8; to evolve methods of utilisation of sewage and suitable trade effluents in
agriculture9; evolve efficient methods of disposal of sewage and trade effluents on land as are necessary on
account of the predominant conditions of scant stream flows that do not provide for the major part of the year
the minimum degree of dilution10; lay down standards of treatment of sewage and trade effluents to be
discharged into any particular stream having regard to the minimum fair weather dilution available in that the
stream and the tolerance limits of pollution permissible in the water of the stream, after the discharge of such
effluents11; make, vary or revoke any order for the prevention, control or abatement of discharges of waste
into streams or wells12 or requiring any person to construct new systems for the disposal of sewage and
trade effluents or to modify any such existing system or to adopt remedial measures necessary to prevent,
control or abate water pollution13; lay down effluent standards to be complied with by persons while causing
discharge of sewage or sullage or both and to lay down, modify or annul effluent standards for the sewage
and trade effluents14; advise the state government with respect to the location of any industry which is likely
to pollute a stream or well15; and perform such other functions that may be prescribed or entrusted to it by
the Central Board or the state government16 The state board has jurisdiction to deal with pollution at a
particular point in the state, even in respect of an inter-state river17. The Central Board and the state boards
are required to ensure that municipalities comply with the provisions of the Water (Prevention and Control of
Pollution) Act 197418.
A state board may establish or recognise laboratories to enable it to efficiently perform its functions including
the analysis of samples of water from any stream or well or of samples of any sewage or trade effluents19.
8 Water (Prevention and Control of Pollution) Act 1974 s 17(1)(h).
9 Water (Prevention and Control of Pollution) Act 1974 s 17(1)(i).
10 Water (Prevention and Control of Pollution) Act 1974 s 17(1)(j).
11 Water (Prevention and Control of Pollution) Act 1974 s 17(1)(k).
12 Water (Prevention and Control of Pollution) Act 1974 s 17(1)(o). As to power of the state government to make rules see
[135.079].
13 Water (Prevention and Control of Pollution) Act 1974 s 17(1)(l)(i).
14 Water (Prevention and Control of Pollution) Act 1974 s 17(1)(l)(ii).
15 Water (Prevention and Control of Pollution) Act 1974 s 17(1)(m).

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16 Water (Prevention and Control of Pollution) Act 1974 s 17(1)(n).
17 Z Kotasek v State of Bihar Z Kotasek v State of Bihar Z Kotasek v State of Bihar (1984) Cr LJ 683 at 688.
18 Almitra H Patel v Union of India Almitra H Patel v Union of India Almitra H Patel v Union of India (1997) 6 Scale 12 (SP).
19 Water (Prevention and Control of Pollution) Act 1974 s 17(2). As to state water laboratory see [135.111].

PREVENTION AND CONTROL OF WATER POLLUTION/(iii) Functions of Boards/[135.089] Central
Government's power to direct boards
[135.089] Central Government's power to direct boards The Central Board ('the Central Pollution Control
Board') is bound to obey written directions issued by the Central Government1. The state boards ('the state
pollution control boards') are bound to obey written directions issued by the Central Board or the state
government2. However, where a direction given by the state government is inconsistent with a direction
issued by the Central Board, the matter is required to be referred to the Central Government for its decision3.
Where the Central Government forms an opinion that a state board has defaulted in obeying the directions
given by the Central Board and as a result of such default, a grave emergency has arisen, the Central
Government may direct the Central Board to perform any of the functions of the state board in relation to
such area, for such period and for such purpose as may be specified in public interest4. Where the Central
Board performs any of the functions of the state board and the state board is empowered to recover such
expenses, then the expenses incurred by the Central Board may be recovered with interest at such
reasonable rate as fixed by the Central Government from the date when a demand for such expenses is
made until it is paid from the person or persons liable as arrears of land revenue or of public demand5.
Where the Central Government has directed the Central Board to perform functions of the state board in
respect of any area, such a direction would not prevent the state board from performing its functions in any
other area in the state or any of its other functions in the specified area6.
4 Water (Prevention and Control of Pollution) Act 1974 ss 18(2), 16(2)(ee). See [135.088].

PREVENTION AND CONTROL OF WATER POLLUTION/(iv) Functioning of Boards/[135.090] Functioning of
boards
[135.090] Functioning of boards A board is required to meet at least once every three months and observe
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the prescribed procedure in regard to the transaction of business at its meetings1. However, where the
chairman is of the opinion that any business of an urgent nature requires to be transacted, he may convene
a meeting of the board at such time as he considers appropriate2.
A board may constitute committees for such purpose or purposes as the board considers appropriate3. A
committee may consist wholly of members or wholly of other persons or partly of members and partly of
other persons4. A committee is required to observe the prescribed rules of procedure in regard to the
transaction of business at its meetings5. The members of the committee other than members of the board
are entitled to the fees and allowances for attending meetings or any other work of the board, as may be
prescribed6.
A board may associate any person with itself for prescribed purposes whose assistance or advice it may
desire to obtain in performing its functions7. The associate is entitled to participate in discussions of the
board but has no voting right at a meeting of the board and is not to be regarded as a member of the board
for any other purpose8. An associate is entitled to receive the fees and allowances that may be prescribed9.
An act or proceeding of the board or committee may not be questioned on the ground merely of any vacancy
or defect in the constitution of the board or committee10.
1 Water (Prevention and Control of Pollution) Act 1974 s 8. As to the power of the Central and state governments to make rules
see respectively [135.079] and [135.080].
2 Water (Prevention and Control of Pollution) Act 1974 s 8 proviso.
5 Water (Prevention and Control of Pollution) Act 1974 s 9(2). As to the power of the Central and state governments to make

PREVENTION AND CONTROL OF WATER POLLUTION/(v) Employees of Boards/[135.091] Delegation of
power
[135.091] Delegation of power The Chairman of a board is empowered to exercise such powers and to
perform such duties as are prescribed or that may be delegated to him by the board1. Accordingly, the board
may delegate any of its powers to the Chairman, including the power to sanction a prosecution2.

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2 Gujarat Pollution Control Board, Baroda v Indian Chemicals Manufacturer Vadodara Gujarat Pollution Control Board, Baroda
v Indian Chemicals Manufacturer Vadodara Gujarat Pollution Control Board, Baroda v Indian Chemicals Manufacturer
Vadodara (1990) 2 Guj LR 1306 at 1310.

PREVENTION AND CONTROL OF WATER POLLUTION/(v) Employees of Boards/[135.092]
Member-secretary, officers and employees of boards
[135.092] Member-secretary, officers and employees of boards The terms and conditions of service of
the member-secretary of the Central Board must be prescribed by the Central Government and in respect of
the member-secretary of the state board ('state pollution control board') must be prescribed by the state
government1. The member-secretary of the board must exercise such powers and perform such duties as
may be prescribed or may be delegated to him by the board or its chairman2. The board may appoint officers
and other employees as it considers necessary for the efficient performance of its functions3. The method of
recruitment, the terms and conditions of service and scales of pay of the officers other than the
member-secretary and other employees of the central or state board must be determined by regulations
made by the Central Board, or as the case may be, by the state board4. Such regulations must be approved
by the Central Government, in the case of the Central Board and by the state government, in case of a state
board5.
A board may, by order, delegate to any officer of the board such of its powers and functions as the board
may consider necessary. The delegation of authority is subject to the conditions and limitations that are
specified in the order6. The board may appoint a consulting engineer to the board on terms and conditions, it
thinks fit and pay him salaries and allowances7.
3 Subject to rules made by the central or state government or as the case may be: Water (Prevention and Control of Pollution)
Act 1974 s 12(3).
4 Water (Prevention and Control of Pollution) Act 1974 s 12(3A).
5 Water (Prevention and Control of Pollution) Act 1974 s 12(3A) proviso.
6 Water (Prevention and Control of Pollution) Act 1974 s 12(3B).

PREVENTION AND CONTROL OF WATER POLLUTION/(v) Employees of Boards/[135.093] Terms and
conditions of service of members
[135.093] Terms and conditions of service of members A member of a board other than the
member-secretary, holds office for a term of three years from the date of his nomination1. The term of office
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of the chairman is also three years from the date of his nomination2. A member continues to hold office even
after the expiry of his term until his successor enters upon the office except when he is removed on the
ground of disqualification3. The term of a member of a board who is an official nominated by the Central or
state government or is the representative of a Central or state government corporation, ends as soon as he
ceases to hold the office under the Central or state government or the Central and state government
company or corporation4. The terms and conditions of service of the chairman and other members, except
the member-secretary, are required to be prescribed5.
2 State of Manipur v chandam Manihar Singh State of Manipur v chandam Manihar Singh State of Manipur v chandam Manihar
Singh (1999) 7 SCC 503 [LNIND 1999 SC 864] [LNIND 1999 SC 864] [LNIND 1999 SC 864] at 508.
3 Water (Prevention and Control of Pollution) Act 1974 s 5(1) proviso. As to disqualification of members see [135.095].
5 Water (Prevention and Control of Pollution) Act 1974 ss 5(8)and5(9). As to the power of the Central and state governments to
make rules see respectively [135.079] and [135.080].

PREVENTION AND CONTROL OF WATER POLLUTION/(v) Employees of Boards/[135.094] Vacation of
office by members
[135.094] Vacation of office by members The Central Government is empowered to remove any member
of the Central Board before the expiry of his term of office, after giving the member a reasonable opportunity
of showing cause against the removal1. The state government is conferred a similar power of removal in
respect of any member of a state board ('a state pollution control board'), subject to the grant of a reasonable
opportunity of showing cause2. A member of the Central Board other than the member-secretary, may resign
by writing to the Central Government in the case of the chairman; and in the case of any other member by
writing to the chairman of the Central Board3. A member of the state board other than the member-secretary,
may resign by writing to the state government in the case of the chairman; and in the case of any other
member, by writing to the chairman of the state board4. A member of a board other than the
member-secretary is deemed to have vacated his seat if he is absent without sufficient reason from three
consecutive meetings of the board or where he is nominated by the government from amongst the state
boards or local authorities and he ceases to be a member of the state board or local authority, or as may be
the case of the company or corporation owned, controlled or managed by the Central or state government.
Such vacation of seat takes effect from the date, specified by notification in the official gazette, by the central
or state government, as the case may be5. Where a member is removed before the expiry of his term6 or
resigns7, a casual vacancy arises. A casual vacancy in a board is filled by a fresh nomination and the
person, so nominated, holds office for the remainder of the term for which the member whose place he takes
was nominated8. A member is eligible for re-nomination9.

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6 Water (Prevention and Control of Pollution) Act 1974 ss 5(3)and6(2).
8 Water (Prevention and Control of Pollution) Act 1974 s 5(6). See State of Manipur v chandam Manihar Singh State of
Manipur v chandam Manihar Singh State of Manipur v chandam Manihar Singh (1999) 7 SCC 503 [LNIND 1999 SC 864]
[LNIND 1999 SC 864] [LNIND 1999 SC 864] at 508.

PREVENTION AND CONTROL OF WATER POLLUTION/(v) Employees of Boards/[135.095] Disqualification
of members
[135.095] Disqualification of members A person is disqualified from being a member of a board in the
following situations:
(1) if he has been adjudged insolvent or has suspended payment of his debts or has compounded
with his creditors1; or
(2) has been declared by a competent court to be of unsound mind2; or
(3) has been convicted of an offence which in the opinion of the Central Government or as the
case may be, the state government, involved moral turpitude3; or
(4) has been convicted of an offence under the Water (Prevention and Control of Pollution) Act
19744; or
(5) has a direct or indirect interest in any business engaged in the manufacture, sale or hire of
machinery, plant or equipment for the treatment of sewage or trade effluents5; or
(6) is a director, 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 state government company or corporation for the carrying out of
sewerage schemes or for the installations of plant for the treatment of sewage or trade
effluents6; or
(7) has abused his position as a member so as to render his continuance on the board detrimental
to the interests of the general public in the opinion of the Central Government or the state
government as the case may be7.
The concerned government is empowered to remove any member who is or has become disqualified by
issuing an order. However, no such order may be passed unless the concerned member has been given a
reasonable opportunity of showing cause against the proposed order8. A member who has been removed on
the ground of disqualification is not eligible for re-nomination as a member9.
If a member of the board becomes subject to any of the statutory disqualifications, his seat becomes
vacant10.

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PREVENTION AND CONTROL OF WATER POLLUTION/(vi) Supercession of Boards/[135.096]
Supercession of the Central Board and joint boards
[135.096] Supercession of the Central Board and joint boards Where the Central Government forms an
opinion that the Central Board ('the Central Pollution Control Board') or any joint board has persistently
defaulted in the performance of its functions under the Water (Prevention and Control of Pollution) Act 19741
or that circumstances exist that render it necessary in the public interest2, the Central Government may
supercede the board for a period (not exceeding one year) that is specified in the notification published in the
official gazette3. However, before issuing a notification on the ground of persistent default on the part of the
board, the Central Government is required to give a reasonable opportunity to the board to show cause why
it must not be superceded4.
Upon publication of the notification superceding the Central Board or the joint board, all the members of the
board from the date of supercession vacate their offices5; all the powers, functions and duties of the board
are required to be exercised, performed and discharged by a person designated by the Central
Government6; and all property owned or controlled by the board vests in the Central Government7. On the
period of supercession specified in the notification expiring, the Central Government may extend the period
of supercession for a further term not exceeding six months8 or it may reconstitute the Central Board or joint
board by fresh nomination or appointment9. A person who vacated his office on supercession is eligible for
nomination or appointment10. The Central Government is empowered to reconstitute the board before the
expiry of the original period of supercession or the extended period11.

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PREVENTION AND CONTROL OF WATER POLLUTION/(vi) Supercession of Boards/[135.097]
Supercession of state boards
[135.097] Supercession of state boards Where the state government forms an opinion that a state board
('a state pollution control board') has persistently defaulted in the performance of its functions under the
Water (Prevention and Control of Pollution) Act 19741 or that circumstances exist that render it necessary in
the public interest2, the state government may supercede the state board for a period, not exceeding one
year, that is specified in a notification published in the official gazette3. However, before issuing a notification
on the ground of persistent default on the part of the state board in the discharge of its functions, the state
government is required to give a reasonable opportunity to the state board to show cause why it must not be
superceded4.
Upon publication of the notification superceding the state board, all the members of the state board from the
date of supercession vacate their offices; all the powers, functions and duties of the state board are required
to be exercised, performed and discharged by a person designated by the state government; and all property
owned or controlled by the state board vests in the state government5. On the period of supercession
specified in the notification expiring, the state government may extend the period of supercession for a
further term not exceeding six months or it may reconstitute the state board by fresh nomination or
appointment6. A person who vacated his office on supercession is eligible for nomination or appointment7.
The state government is empowered to reconstitute the state board before the expiry of the original period of
supercession or the extended period8.
Where the supercession is ordered on the ground of public interest, the state government need not give an
opportunity of hearing. An order of supercession was upheld where some of the decisions of the board were
very suspicious and cases against polluters were withdrawn by the board without valid reasons9.
5 Water (Prevention and Control of Pollution) Act 1974 ss 62(2), 61(2).
8 Water (Prevention and Control of Pollution) Act 1974 ss 62(2), 61(3) proviso.
9 G S Oberoi v State of Punjab G S Oberoi v State of Punjab G S Oberoi v State of Punjab AIR 1998 P&H 67 at 75, G S
Oberoi v State of Punjab G S Oberoi v State of Punjab G S Oberoi v State of Punjab (1998) ILR 1 P&H 123, G S Oberoi v
State of Punjab G S Oberoi v State of Punjab G S Oberoi v State of Punjab (1998)2 Land LR 380.

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PREVENTION AND CONTROL OF WATER POLLUTION/D. MEASURES FOR PREVENTION AND

CONTROL OF WATER POLLUTION/(i) Introduction/[135.098] Prohibition on polluting a stream or well
[135.098] Prohibition on polluting a stream or well A person is prohibited from knowingly causing or
permitting any poisonous or noxious or polluting matter1 to enter, directly or indirectly, into a stream, well,
sewer or on land2. A person may not knowingly cause or permit any other matter to enter into any stream
that may tend, either directly or in combination with similar matters, to impede the flow of water of the stream
in a manner leading to or likely to lead to a substantial aggravation of pollution3. However, a person is not
guilty of an offence by merely having done or caused to be done any of the following acts:
(1) constructing, improving or maintaining in or across or on the bank or bed of any stream any
building, bridge, weir, dam, sluice, dock, pier, drain or sewer or other permanent works which
he has a right to construct, improve or maintain4;
(2) depositing any materials on the banks or in the bed of any streams for the purpose of
reclaiming land or for supporting, repairing or protecting the bank or bed of such stream,
provided that such materials are not capable of polluting the stream5;
(3) putting any sand or gravel or other natural deposit which has flowed from or has been
deposited by the current of such stream, into any stream, 6;
(4) causing or permitting, with the consent of the state board, the deposit accumulated in a well,
pond or reservoir to enter into any stream7.
The state government may exempt any person from the prohibitions referred to above, after consulting the
state board or on its recommendation8. The exemption is required to be notified in the official gazette and
may be granted subject to conditions specified by the state government9. The exemption may be altered,
varied or amended by a notification published in the official gazette10.
1 Water (Prevention and Control of Pollution) Act 1974 s 24(1)(a): the poisonous, noxious or polluting character of any matter is
required to be determined in accordance with standards laid down by the state board.

CONTROL OF WATER POLLUTION/(i) Introduction/[135.099] Restrictions on new outlets and new
discharges
[135.099] Restrictions on new outlets and new discharges Without the prior consent of the state board
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('the state pollution control board'), no person may establish or take any steps to establish any industry,
operation or process or any treatment and disposal system or any extension or addition thereto, which is
likely to discharge sewage or trade effluent into a stream or well or sewer1 or on land2; or bring into use any
new or altered outlet3 for such discharges4; or begin to make any such new discharge of sewage5. Hence,
an industry ought not to obtain approval from the local government, nor secure land use changes nor
proceed with civil works or the installation of machinery until the state board grants consent. Where an
industry takes these measures without consent to establish the unit, it cannot claim equities6. An industry
discharging effluents must obtain a consent even where the trade effluent is discharged into a municipal
drain7. However, a person in the process of establishing any industry, operation or process immediately
before the commencement of the Water (Prevention and Control of Pollution) Amendment Act 1988 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 where he has made an application for consent, within three months, until the
disposal of such application8. An application for consent of the state board is required to be made in the
prescribed form and must be accompanied by the prescribed fee9.
On receiving an application for consent, the state board may make an inquiry and in making such inquiry is
required to follow the prescribed procedure10. When granting consent, the state board must have regard to
the pollution that would result from the industrial activity11. The state board may grant its consent12 or may
refuse consent for reasons that are required to be recorded in writing13. The grant or refusal of consent is at
the discretion of the state board. Hence, the state board was justified in refusing consent where the factory
was located in a thickly populated area and there were complaints against the factory14. The consent may be
granted subject to conditions relating to the point of discharge of the sewage or trade effluent or as to the use
of the outlet or any other outlet for discharge of sewage15. In the case of a new discharge, the board may
specify conditions relating to the nature and composition, temperature, volume or rate of discharge of the
effluent from the land or premises from which the discharge or new discharge is to be made16. The consent
order may specify the period for which it is granted17. Once an industry receives a consent from the state
board, it is incumbent upon that industry to comply with the conditions mentioned in the consent order and to
put up effluent treatment plants within the time prescribed18.
Where a person establishes any industry, operation or process or any treatment and disposal system or any
extension or addition thereto or a new outlet or new discharge without the consent of the state board, the
board may serve notice on such person imposing any such conditions as it might have imposed, had an
application for consent been made19.
A state board is required to maintain a register containing particulars of the conditions imposed in each
consent20. The conditions recorded in the register are conclusive proof that the consent was granted subject
to such conditions21. The portion of the register relating to any outlet or to any effluent from any land or
premises must be kept open to inspection at all reasonable hours by any person interested in or affected by
such outlet, land or premises or by his authorised representative22.
Where a complete application for consent is made to the state board, the consent is deemed to have been
given unconditionally four months after the application is made, unless it has been given or refused within
that period23. It is not open to the state board to refuse consent once the deemed consent comes into
operation24.
1 Water (Prevention and Control of Pollution) Act 1974 s 2(gg): 'sewer' means any conduit pipe or channel carrying sewage or
trade effluent.
2 Water (Prevention and Control of Pollution) Act 1974 s 25(1)(a)
A 'new or altered outlet' means any outlet which is wholly or partly constructed on or after the commencement of the Water
(Prevention and Control of Pollution) Act 1974 or which is substantially altered after such commencement: Water (Prevention
and Control of Pollution) Act 1974 s 25(8)(a).
'Outlet' includes any conduit pipe or channel carrying sewage or trade effluent or any other holding arrangement which causes
or is likely to cause pollution: Water (Prevention and Control of Pollution) Act 1974 s 2(dd).
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Water (Prevention and Control of Pollution) Act 1974 s 25(1)(c).
A 'new discharge' means a discharge which is not substantially a continuation of a discharge made within the preceding 12
months in respect of the nature and composition, temperature, volume and rate of discharge of the effluent. However, a
discharge will not be deemed to be a new discharge by reason of reduction of the temperature or volume or rate of discharge of
the effluent as compared with the previous discharge: Water (Prevention and Control of Pollution) Act 1974 s 25(8)(b).
7 Haryana State Board v Jai Bharat Woollen Finishing Works Haryana State Board v Jai Bharat Woollen Finishing Works
Haryana State Board v Jai Bharat Woollen Finishing Works (1993) For LT 101; Punjab State Board for the Prevention and
Control of Water Pollution v Vinod Paper Mills Ltd Punjab State Board for the Prevention and Control of Water Pollution v Vinod
Paper Mills Ltd Punjab State Board for the Prevention and Control of Water Pollution v Vinod Paper Mills Ltd (1998) Cr LJ 2235
at 2237.
9 Water (Prevention and Control of Pollution) Act 1974 s 25(2). As to the power of the state governments to make rules see
[135.079].
10 Water (Prevention and Control of Pollution) Act 1974 s 25(3). As to action in good faith see [135.133].
11 Bhavani River-Sakthi Sugars Ltd In Re Bhavani River-Sakthi Sugars Ltd In Re Bhavani River-Sakthi Sugars Ltd In Re
(1998) 6 SCC 335.
14 Mahabir Soap and Gudakhu Factory v Union of India Mahabir Soap and Gudakhu Factory v Union of India Mahabir Soap
and Gudakhu Factory v Union of India AIR 1995 Ori 218 at 223.
15 Water (Prevention and Control of Pollution) Act 1974 s 2 5(4)(a)(i).
16 Water (Prevention and Control of Pollution) Act 1974 s 25(4)(a)(ii).
17 Water (Prevention and Control of Pollution) Act 1974 s 25 (4)(a)(iii).
18 Narula Dyeing and Printing Works v Union of India Narula Dyeing and Printing Works v Union of India Narula Dyeing and
Printing Works v Union of India AIR 1995 Guj 185 at 189.
24 Vijayanagar Education Trust v Karnataka State Pollution Control Board, Bangalore Vijayanagar Education Trust v
Karnataka State Pollution Control Board, Bangalore Vijayanagar Education Trust v Karnataka State Pollution Control Board,
Bangalore AIR 2002 Kant 123 at 128.

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CONTROL OF WATER POLLUTION/(i) Introduction/[135.100] Existing discharge of sewage or trade effluent
[135.100] Existing discharge of sewage or trade effluent The provisions relating to securing the previous
consent of the state pollution control board1 extend to a person who was discharging any sewage or trade
effluent into a stream or well or sewer or on land immediately before the commencement of the Water
(Prevention and Control of Pollution) Act 19742. However, in such a case, the application for consent must
be made on or before the date notified by the state government in the official gazette3. Where an industry
discharging untreated effluent at the time when the Water (Prevention and Control of Pollution) Act 1974
commenced refuses to obtain consent, it is liable to be prosecuted4.
1 Water (Prevention and Control of Pollution) Act 1974 s 25. As to restrictions on new outlets and new discharges see
[135.099].

CONTROL OF WATER POLLUTION/(i) Introduction/[135.101] Refusal or withdrawal of consent
[135.101] Refusal or withdrawal of consent A state board (a state pollution control board') must not grant
its consent1 unless the industry, operation or process, or treatment and disposal system or extension or
addition thereto, or the outlet is established so as to comply with any conditions imposed by the board to
enable it to take samples of the effluent2.
The state board is empowered to review any condition in the consent and may vary or revoke any condition
by serving a notice on the person to whom the consent is granted3. A state board may also review its
decision refusing consent or granting unconditional consent and may make such orders in review as the
board considers appropriate4. A condition imposed in the consent continues in force until revoked5.
A state board has been directed to extend its consent to a distillery and the distillery permitted to restart the
manufacturing process under a scheme prescribed by the court. The scheme envisaged a set of measures
to minimise and eliminate the water pollution6.
6 Rajiv Ranjan Singh alias Lallan Singh v State of Bihar Rajiv Ranjan Singh alias Lallan Singh v State of Bihar Rajiv Ranjan
Singh alias Lallan Singh v State of Bihar AIR 1992 Pat 86 at 90, Rajiv Ranjan Singh alias Lallan Singh v State of Bihar Rajiv
Ranjan Singh alias Lallan Singh v State of Bihar Rajiv Ranjan Singh alias Lallan Singh v State of Bihar (1991) 2 BLJR 1331,
Rajiv Ranjan Singh alias Lallan Singh v State of Bihar Rajiv Ranjan Singh alias Lallan Singh v State of Bihar Rajiv Ranjan Singh
alias Lallan Singh v State of Bihar (1992) 2 PLJR (HC)292.
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CONTROL OF WATER POLLUTION/(ii) Powers of Entry and Inspection/(A) Generally/[135.102] Power to
obtain information
[135.102] Power to obtain information The state board (the state pollution control board') or any officer
empowered by it may make surveys of any area and gauge and keep records of the flow or volume and
other characteristics of any stream or well in the area and may measure and record the rainfall in the area1.
The state board or any officer empowered by it may install and maintain gauges or other apparatus and
works to enable them to perform their functions and to carry out stream surveys and other steps necessary
to obtain any information required by the state board to discharge its statutory functions2. The state board
may direct a person who is abstracting water from any stream or well in substantial quantities, in relation to
the flow or volume of that stream or well or who is discharging sewage or trade effluent into any stream or
well, to give information regarding the abstraction or discharge3. Such information is required to be given at
the times and in the form that is specified by the state board in its directions4. In addition, the state board
may direct the person in charge of any establishment where any industry, operation or process or treatment
and disposal system is carried on, to furnish to the board information regarding the construction, installation
or operation of the establishment or any disposal system and other information that may be prescribed5.

CONTROL OF WATER POLLUTION/(ii) Powers of Entry and Inspection/(A) Generally/[135.103] Assistance
to boards
[135.103] Assistance to boards Local authorities are required to render such help and assistance that may
be required by a board for the discharge of its functions. Local authorities are also obliged to furnish
information required by the board and to make the records, maps, plans and other documents available to
the board1.

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CONTROL OF WATER POLLUTION/(ii) Powers of Entry and Inspection/(A) Generally/[135.104] Powers of
entry and inspection
[135.104] Powers of entry and inspection A person empowered by the state board ('the state pollution
control board') may, at any time and with the necessary assistance, enter any place for the purpose of
performing his functions1; or for the purpose of determining whether any provisions of law or notice, order,
direction or authorisation served, made, given or granted under the Water (Prevention and Control of
Pollution) Act 1974 is being complied with2; or for the purpose of examining any 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 about to be committed; and for seizing any plant, record,
register, document or other object that he has reason to believe may furnish evidence of the commission of
an offence punishable under this Act or rules made thereunder3. However, a well may be inspected only at
reasonable hours where the well is situated in any residential premises and the water is used exclusively for
domestic purposes4.
The provisions of the Code of Criminal Procedure 1973 apply to any search or seizure operation under the
Water (Prevention and Control of Pollution) Act 1974, as they would apply to any search or seizure made
under the authority of a warrant issued under that Code5. In relation to the State of Jammu and Kashmir or
any area in which the Code of Criminal Procedure 1973 is not in force, the provisions of any corresponding
law in force in respect of search or seizure under a warrant, would apply6.
1 Water (Prevention and Control of Pollution) Act 1974 s 23(1)(a)
2 Water (Prevention and Control of Pollution) Act 1974 s 23(1)(b) and rules framed under the Act.
5 Water (Prevention and Control of Pollution) Act 1974 s 23(2). A warrant is issued under the Code of Criminal Procedure 1973
s 94.

take samples
[135.105] Power to take samples A state board ('a state pollution control board') or an authorised officer is
empowered to take for the purpose of analysis, samples of water from any stream or well or samples of any
sewage or trade effluent which is passing from any plant or vessel or from or over any place into any stream
or well1. Where a sample of any sewage or trade effluent is taken for analysis, the person taking the sample
is required to serve on the occupier2 or his agent a notice in the prescribed form of his intention to have the
sample analysed3. He is required to take a sample in the presence of the occupier or his agent, divide the
sample into two parts4; cause each part to be placed in a container which is marked and sealed and then
signed both by the person taking the sample and the occupier or his agent5. Where the sample is taken in a
union territory, the person taking the sample is required to forthwith send one container to a laboratory
established or recognised by the Central Pollution Control Board6; and in any other case, to a laboratory
established or recognised by the state board7. On the request of the occupier or his agent, the person taking
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the sample is required to send the second container to the Central Water Laboratory8 where a sample is
taken in a union territory9, and in any other case, to a state water laboratory10. Where the occupier or agent
intentionally remains absent during the taking of a sample, the person taking the sample is required to place
it in a container and mark, seal and sign the container. The container is required to be forthwith sent for
analysis to the Central Water Laboratory where the sample is taken in a union territory or to the state water
laboratory, in all other cases and the person taking the sample is required to inform the government
analyst11 in writing about the wilful absence of the occupier or his agent12. Where the occupier or his agent
is intentionally absent, he is liable to pay the cost incurred in getting the sample analysed and in the case of
a default in making payment, the cost may be recovered from the occupier or his agent as arrears of land
revenue or of public demand13. Such a recovery is required to be made after granting the occupier or his
agent a reasonable opportunity of being heard in the matter14.
Where at the time of taking the sample of any sewage or trade effluent, the occupier or his agent does not
make a request for the sample to be divided into two parts, then the sample is required to be placed in a
container and marked, sealed and signed by the person taking the sample and the container is then required
to be sent forthwith to a laboratory established or recognised by the Central Pollution Control Board where
the sample is taken in a union territory or to a laboratory established or recognised by the state board, in any
other case15.
The result of the analysis of a sample of any sewage or trade effluent is not admissible in evidence in any
legal proceeding unless the prescribed procedure is complied with16.
The provisions relating to sampling are mandatory and must be substantially complied with. However, where
the polluter does not make a request for part of the sample drawn after due notice, the magistrate ought to
frame the charge. The magistrate would not be justified in discharging the accused on the ground that the
samples were not taken properly17.
2 Water (Prevention and Control of Pollution) Act 1974 s 21(3)(a): 'occupier' means the person in charge of or having control
over, the plant or vessel or in occupation of the place in respect of which the sample is taken. Water (Prevention and Control of
Prevention) Act 1974 s 2(d): elsewhere in the Act, '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.
6 Water (Prevention and Control of Pollution) Act 1974 s 21(3)(d)(i). As to functions of the Central Pollution Control Boards see
[135.087].
7 Water (Prevention and Control of Pollution) Act 1974 s 21(3)(d)(ii). As to functions of the state pollution control boards see
[135.088].
8 As to central water laboratory see [135.110].
9 Water (Prevention and Control of Pollution) Act 1974 s 21(3)(e)(i).
10 Water (Prevention and Control of Pollution) Act 1974 s 21(3)(e)(ii). As to state water laboratory see [135.111].
14 Water (Prevention and Control of Pollution) Act 1974 s 21(4)(b) proviso.

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17 Dahyabhai Kalubhai Solanki v Kashiram Textiles Mills Pvt Ltd Dahyabhai Kalubhai Solanki v Kashiram Textiles Mills Pvt Ltd
Dahyabhai Kalubhai Solanki v Kashiram Textiles Mills Pvt Ltd (1994) 2 Guj LR 1166 at 1167.

give directions
[135.106] Power to give directions A board is conferred overriding power to issue written directions to any
person, officer or authority and such person, officer or authority is obliged to comply with the directions. The
board's power to issue directions overrides the provisions in any other law but is subject to the provisions of
the Water (Prevention and Control of Pollution) Act 1974and any directions that the Central Government may
issue1. The power to issue directions includes the power to direct the closure, prohibition or regulation of any
industry, operation or process2; and stoppage or regulation of supply of electricity, water or any other
service3. Thus, a sugar factory was ordered to shut down operations when it disobeyed the directions issued
by the board requiring the proper storage of effluent in lagoons. The board found that the seepage from the
unlined lagoons was contaminating a river4. A pollution control board cannot issue a closure order on
extraneous considerations that stretch beyond the grounds stated in the show cause notice. Closure
directions issued in breach of the principles of natural justice are liable to be quashed5. A direction to stop all
industrial activity must be proportionate to the irregularity and contravention by the industry In the exercise of
judicial review, a court will interfere with the decision of the board where the closure order is disproportionate
and excessively severe6. A direction to close the industry was found to be justified where the polluter had not
complied with various conditions imposed by the board and had breached the undertakings given to the
court7. Where a direction to stop industrial activity is disobeyed, the board must prosecute the industry but
cannot execute its order through the machinery of the district administration8.
2 Water (Prevention and Control of Pollution) Act 1974 s 33A explanation(a).
3 Water (Prevention and Control of Pollution) Act 1974 s 33A explanation(b).
4 Bhavani River-Sakthi Sugars Ltd In Re Bhavani River-Sakthi Sugars Ltd In Re Bhavani River-Sakthi Sugars Ltd In Re (1998)
6 SCC 335.
5 Mandu Distilleries Pvt Ltd v Madhya Pradesh Pradushan Niwaran Mandal, Bhopal Mandu Distilleries Pvt Ltd v Madhya
Pradesh Pradushan Niwaran Mandal, Bhopal Mandu Distilleries Pvt Ltd v Madhya Pradesh Pradushan Niwaran Mandal, Bhopal
AIR 1995 MP 57 [LNIND 1994 MP 164] [LNIND 1994 MP 164] [LNIND 1994 MP 164]at 63.
6 Ambuja Petrochemicals Ltd v Andhra Pradesh Pollution Control Board Ambuja Petrochemicals Ltd v Andhra Pradesh
Pollution Control Board Ambuja Petrochemicals Ltd v Andhra Pradesh Pollution Control Board AIR 1997 AP 41 [LNIND 1996
AP 357] [LNIND 1996 AP 357] [LNIND 1996 AP 357], Ambuja Petrochemicals Ltd v Andhra Pradesh Pollution Control Board
Ambuja Petrochemicals Ltd v Andhra Pradesh Pollution Control Board Ambuja Petrochemicals Ltd v Andhra Pradesh Pollution
Control Board (1996) 3 Andh LD 1116.
7 Stella Silks Ltd v State of Karnataka Stella Silks Ltd v State of Karnataka Stella Silks Ltd v State of Karnataka AIR 2001 Kant
219 [LNIND 2001 KANT 55] [LNIND 2001 KANT 55] [LNIND 2001 KANT 55], Stella Silks Ltd v State of Karnataka Stella Silks
Ltd v State of Karnataka Stella Silks Ltd v State of Karnataka (2001) ILR Kant 1689, Stella Silks Ltd v State of Karnataka Stella
Silks Ltd v State of Karnataka Stella Silks Ltd v State of Karnataka (2001) 4 Kant LJ 69.
8 Executive Apparel Processors, Bangalore v The Taluka Executive Magistrate and Tehsildar, North Taluk, Bangalore
Executive Apparel Processors, Bangalore v The Taluka Executive Magistrate and Tehsildar, North Taluk, Bangalore Executive
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Apparel Processors, Bangalore v The Taluka Executive Magistrate and Tehsildar, North Taluk, Bangalore (1997) 4 Kant LJ 181
[LNIND 1997 KANT 189] [LNIND 1997 KANT 189] [LNIND 1997 KANT 189].

CONTROL OF WATER POLLUTION/(ii) Powers of Entry and Inspection/(A) Generally/[135.107] State
board's power to carry out works
[135.107] State board's power to carry out works Where conditions have been imposed on any person
while granting consent which require the execution of any work and such work has not been executed within
the prescribed time, the state board ('the state pollution control board') may serve a notice on the concerned
person requiring him to execute the work specified in the notice within the period specified, not being less
than 30 days1. Where the person concerned fails to execute the work in the time specified in the notice, the
state board may itself execute or cause such work to be executed2. The expenses incurred by the state
board for executing the work, together with interest at the rate fixed by the state government, may be
recovered by the board from the person concerned, as arrears of land revenue or of public demand3.

CONTROL OF WATER POLLUTION/(ii) Powers of Entry and Inspection/(B) Emergency Measures/[135.108]
Emergency measures
[135.108] Emergency measures Where it appears to the state board ('state pollution control board') that
any poisonous, noxious or polluting matter is present in any stream or well or on land due to the discharge of
such matter or due to any accident or other unforeseen event and if the board is of the opinion that it is
necessary or expedient to take immediate action, it may for reasons to be recorded in writing, carry out
necessary operations for all or any of the following purposes:
(1) removing that matter from a stream or well or land and disposing it of in an appropriate
manner1;
(2) remedying or mitigating any pollution caused by the presence of such matter2;
(3) issuing orders immediately restraining or prohibiting the person concerned from discharging
any poisonous, noxious or any polluting matter into the stream or well or land or from making
insanitary use of the stream or well3.
As part of the emergency measures, the state pollution control board may construct temporary works which
are required to be removed on or before the completion of the operation4.

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PREVENTION AND CONTROL OF WATER POLLUTION/E. WATER POLLUTION CONTROL AREAS,
LABORATORIES AND ANALYSTS/(i) Introduction/[135.109] Water pollution, prevention and control area
[135.109] Water pollution, prevention and control area The state government may notify any area or
areas within the state as water pollution, prevention and control areas after consulting the state board ('the
state pollution control board') or on its recommendation1. Upon the areas being notified in the official gazette,
the application of the Water (Prevention and Control of Pollution) Act 1974 is restricted to such areas2 within
the state. Each water pollution, prevention and control area is required to be declared either by reference to
a map or by reference to the line of any watershed or the boundary of any district or by a combination of
these methods3. The state government is empowered to alter a water pollution, prevention and control area,
whether by extension or reduction4, or to declare a new water pollution, prevention and control area in which
one or more existing water pollution, prevention and control areas or parts thereof may be merged5.
While the state government may restrict the operation of the Water (Prevention and Control of Pollution) Act
1974 to a particular area, the state has no power to exempt a particular industry within the zone prohibited
for the location of polluting industries6.
1 Water (Prevention and Control of Pollution) Act 1974 s 19(1). Water (Prevention and Control of Pollution) Act 1974 s 2(e):
'pollution' means such contamination of water or such alteration of the physical, chemical or biological properties of water or
such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water (whether directly or
indirectly) as may, or is likely to, create a nuisance or render such water harmful or injurious to public health or safety, or to
domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals and plants or of
acquatic organisms.

LABORATORIES AND ANALYSTS/(i) Introduction/[135.110] Central Water
[135.110] Central Water Laboratory The Central Government may, by notification in the official gazette,
establish a Central Water Laboratory1 or specify any laboratory or institute as a Central Water Laboratory2.
After consulting the Central Pollution Control Board, the Central Government may make rules prescribing the
functions of the Central Water Laboratory3, the procedure for the submissions of samples of water or of
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sewage or trade effluent for analysis or tests, the form of the laboratory report and the fees payable4 and
such other matters as are considered necessary or expedient to enable the laboratory to carry out its
functions5.
4 Water (Prevention and Control of Pollution) Act 1974 s 51(2)(b)

LABORATORIES AND ANALYSTS/(i) Introduction/[135.111] State Water Laboratory
[135.111] State Water Laboratory The state government may, by notification in the official gazette,
establish a state water laboratory 1; or specify any laboratory or institute as a state water laboratory2. After
consulting the state board ('state pollution control board'), the state government may make rules prescribing
the functions of the state water laboratory3, the procedure for the submissions of samples of water or of
sewage or trade effluent for analysis or tests, the form of the laboratory report, and the fees payable4 and
such other matters, as are considered necessary or expedient to enable the laboratory to carry out its
functions 5.

LABORATORIES AND ANALYSTS/(i) Introduction/[135.112] Analysts
[135.112] Analysts The Central Government may, by notification in the official gazette, appoint government
analysts having the prescribed qualifications for the purpose of analysing samples of water or of sewage or
trade effluents sent for analysis to the Central Water Laboratory1. The state government may, by notification
in the official gazette, appoint government analysts having the prescribed qualifications for the purpose of
analysing samples of water or of sewage or trade effluent sent to a state water laboratory2. The Central
Pollution Control Board or the state board ('state pollution control board') with the approval of the Central
Government or the state government, as the case may be, by notification in the official gazette, appoint
board analysts having the prescribed qualification for the purpose of analysing samples of water or of
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sewage or trade effluent sent for analysis to a laboratory established or recognised by the concerned board3.
A report signed by a government analyst or a board analyst may be used as evidence of the facts stated
therein in any proceeding under the Water (Prevention and Control of Pollution) Act 19744.
3 Water (Prevention and Control of Pollution) Act 1974 s 53(3). As to functions of central and state pollution control boards see
respectively [135.087] and [135.088].

LABORATORIES AND ANALYSTS/(i) Introduction/[135.113] Analysis reports
[135.113] Analysis reports Where a sample of any sewage or trade effluent has been sent for analysis, the
concerned board analyst1 at the laboratory established or recognised by the Central Pollution Control Board
or the state board ('the state pollution control board'), is required to analyse the sample and submit a report
in the prescribed form of such analysis in triplicate to the concerned board2. On receiving the report, one
copy of the report is required to be sent by the concerned board to the occupier or his agent; a second copy
is required to be preserved for production before a court; and the third copy is required to be retained by the
board3. Where a sample has been sent for analysis to the Central Water Laboratory or a state water
laboratory, the government analyst is required to analyse the sample and submit a report to the concerned
board, to be followed by the procedure stated above4. Where there is any inconsistency or discrepancy
between or variation in the results of the analysis carried out by a laboratory established or recognised by the
Central Pollution Control Board or a state board and that of the Central Water Laboratory or state water
laboratory, as may be the case, the report of the latter must prevail5. Any cost incurred in getting a sample
analysed at the request of the occupier or his agent is payable by him and in the case of a default in making
payment, the costs may be recovered from such occupier or his agent as arrears of land revenue or of public
demand6.

LABORATORIES AND ANALYSTS/(i) Introduction/[135.114] Furnishing of information to state boards
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[135.114] Furnishing of information to state boards I At any place where any industry, operation or
process or any treatment or disposal system or any extension or addition thereto is being carried on and due
to an accident or other unforeseen event, any poisonous, noxious or polluting matter is being discharged or
is likely to be discharged into a stream or well or sewer or on land and as a result of such discharge, the
water is being polluted or is likely to be polluted, the person in charge of such place is required to inform the
state board ('state pollution control board') forthwith and other prescribed authorities about the event or
accident1. Similarly, a local authority operating a sewerage system or sewage works is required to furnish
information to the state pollution control board and other prescribed authorities in case of any accident or
unforeseen act or event that may result in or has resulted in pollution of water in any stream or well2.

LABORATORIES AND ANALYSTS/(ii) Court Proceedings/[135.115] Application to court for a restraint order
[135.115] Application to court for a restraint order Where it is apprehended by a board that the water in
any stream or well is likely to be polluted by the disposal or likely disposal of any matter, the board may apply
to a court, not inferior to that of a metropolitan magistrate or a judicial magistrate of the first class, for an
order restraining the person who is likely to cause such pollution from causing it1. On receiving the
application, the court may pass appropriate orders2. Where the court passes a restraint order preventing a
person from polluting the water in any stream or well, it may direct a person to desist from taking action that
is likely to cause pollution or to remove such matter from such stream or well3; and it may authorise the
board to implement the judicial direction where such person does not comply with the direction to remove
any matter from a stream or well4. A pre-decisional hearing ought to be granted to the polluter before a court
issues a restraint order5. The expenses incurred by the board in removing any matter pursuant to judicial
directions or in the disposal of any such matter, may be defrayed out of any money obtained by the board
from such disposal and any balance outstanding is required to be recovered from the person concerned as
arrears of land revenue or of public demand6.
The power of a magistrate to direct a person to stop causing pollution does not extend to requiring an
effluent treatment plant to be built7 or to closing down an industry8. However, a direction to stop the
discharge of effluents is permissible9.
Where a magistrate directs an industry to 'desist' from causing pollution, the polluter could opt to
manufacture goods after establishing effluent treatment facilities but if the industry chooses not to spend on
abatement, then it would have to close down. Parliament has armed the magistrate with this coercive power
after balancing the community interest against the interest of individual units10.
Proceedings for restraining the apprehended water pollution are in the nature of criminal proceedings. Where
the complaint filed by the state pollution control board was dismissed since none appeared on behalf of the
board, the complaint could not be restored as the magistrate had no power to review or recall the order.
However, a second complaint could be filed provided it was within the period of limitation11.
3 Water (Prevention and Control of Pollution) Act 1974 s 33(3)(i).

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4 Water (Prevention and Control of Pollution) Act 1974 s 33(3)(ii).
5 Megh Shyam Sharma v State of Uttar Pradesh Megh Shyam Sharma v State of Uttar Pradesh Megh Shyam Sharma v State
of Uttar Pradesh (1985) All LJ 1195(since the court issued the summons twice and they were received back unanswered and
ultimately the publication was made, the ex-parte restraint order passed by the court could not be said to be violative of natural
justice).
7 Delhi Bottling Co Pvt Ltd, New Delhi v Central Board for the Prevention and Control of Water Pollution Delhi Bottling Co Pvt
Ltd, New Delhi v Central Board for the Prevention and Control of Water Pollution Delhi Bottling Co Pvt Ltd, New Delhi v Central
Board for the Prevention and Control of Water Pollution AIR 1986 Del 152 [LNIND 1985 DEL 309] [LNIND 1985 DEL 309]
[LNIND 1985 DEL 309].
8 Gujarat Water Pollution Control Board v Kohinoor Dyeing and Printing Works Gujarat Water Pollution Control Board v
Kohinoor Dyeing and Printing Works Gujarat Water Pollution Control Board v Kohinoor Dyeing and Printing Works (1993) 2 Guj
LR 1368.
9 Sir Shadi Lal Enterprises Ltd v Chief Judicial Magistrate, Saharanpur Sir Shadi Lal Enterprises Ltd v Chief Judicial
Magistrate, Saharanpur Sir Shadi Lal Enterprises Ltd v Chief Judicial Magistrate, Saharanpur (1990) Cr LJ 522.
11 Maharaja Shri Umaid Mills Ltd, Pali v State of Rajasthan Maharaja Shri Umaid Mills Ltd, Pali v State of Rajasthan Maharaja
Shri Umaid Mills Ltd, Pali v State of Rajasthan AIR 1998 Raj 9 at 11, Maharaja Shri Umaid Mills Ltd, Pali v State of Rajasthan
Maharaja Shri Umaid Mills Ltd, Pali v State of Rajasthan Maharaja Shri Umaid Mills Ltd, Pali v State of Rajasthan (1998) WLC
(Raj) 30.

LABORATORIES AND ANALYSTS/(ii) Court Proceedings/[135.116] Bar of jurisdiction
[135.116] Bar of jurisdiction A civil court is barred from entertaining any suit or proceeding in respect of a
matter which an Appellate Authority1 constituted under the Water (Prevention and Control of Pollution) Act
1974 is empowered to determine2. A court or other authority is barred from issuing an injunction in respect of
any action taken or to be taken in pursuance of any power conferred by or under the Act3.
1 As to appeals see [135.117].
There is a divergence of judicial opinion regarding the effect of the Water (Prevention and Control of Pollution) Act 1974 on the
availability of injunctive relief under the Code of Criminal Procedure 1973 (Code of Criminal Procedure 1973 s 133). The
pre-ponderent view is that injunctive relief under the Code of Criminal Procedure 1973 was available as long as it did not
interfere with an order of the state board issued under the Water (Prevention and Control of Pollution) Act 1974 (Nagarjuna
Paper Mills Ltd v Sub-Divisional Magistrate and Revenue Divisional Officer, Sangareddy Pledak District (Nagarjuna Paper Mills
Ltd v Sub-Divisional Magistrate and Revenue Divisional Officer, Sangareddy Pledak District (Nagarjuna Paper Mills Ltd v
Sub-Divisional Magistrate and Revenue Divisional Officer, Sangareddy Pledak District (1987) Cr LJ 2071; Harihar Polyfibres v
Sub-Divisional Magistrate Harihar Polyfibres v Sub-Divisional Magistrate Harihar Polyfibres v Sub-Divisional Magistrate (1997)
ILR Kant 1139 at 1152; Krishna Panicker v Appukuttan Nair Krishna Panicker v Appukuttan Nair Krishna Panicker v
Appukuttan Nair (1993) 1 Ker LT 771). The Water (Prevention and Control of Pollution) Act 1974 does not repeal the power of a
magistrate under the Code of Criminal Procedure 1973 to issue directions to abate a public nuisance (Harihar Polyfibres v
Sub-Divisional Magistrate (Harihar Polyfibres v Sub-Divisional Magistrate (Harihar Polyfibres v Sub-Divisional Magistrate (1997)
ILR Kant 1139at 1152) . According to the contrary view, the Water (Prevention and Control of Pollution) Act 1974 is a complete
code to prevent water pollution and impliedly repealed the provisions of the Code of Criminal Procedure 1973 in so far as they
related to the prevention and control of water pollution (Executive Apparel Processors, Bangalore v Taluka Executive Magistrate
and Tehsildar, North Taluk, Bangalore (Executive Apparel Processors, Bangalore v Taluka Executive Magistrate and Tehsildar,
North Taluk, Bangalore (Executive Apparel Processors, Bangalore v Taluka Executive Magistrate and Tehsildar, North Taluk,
90 90
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Bangalore (1997) 4 Kant LJ 181 [LNIND 1997 KANT 189] [LNIND 1997 KANT 189] [LNIND 1997 KANT 189] at 185).

LABORATORIES AND ANALYSTS/(ii) Court Proceedings/[135.117] Appeals
[135.117] Appeals Any person aggrieved by an order made by the state board ('the state pollution control
board')1 may prefer an appeal to the Appellate Authority constituted by the state government2. The appeal is
required to be filed within 30 days of communication of the order to the aggrieved person3, though the
Appellate Authority may entertain an appeal filed beyond this period, if it is satisfied that the appellant was
prevented by sufficient cause from filing the appeal in time4 The Appellate Authority comprises one person or
three persons, as the state government considers appropriate5. The form and manner in which an appeal
may be preferred, the fees payable for the appeal and the procedure to be followed by the Appellate
Authority are required to be prescribed by the state government6.
The Appellate Authority is required to dispose of the appeal as expeditiously as possible after giving an
opportunity of being heard to the appellant and the state board7. Where the Appellate Authority finds that any
condition imposed in the consent is unreasonable, it may either annul the condition or substitute a
reasonable condition in place of such condition 8 Where the Appellate Authority finds that the variation of a
condition was unreasonable, it may direct that the unvaried condition be restored or it may modify the
variation to make it reasonable9.
1 Orders passed under Water (Prevention and Control of Pollution) Act 1974 ss 25-27.
6 Water (Prevention and Control of Pollution) Act 1974 s 28(3). As to power of the state government to make rules see
[135.080].

LABORATORIES AND ANALYSTS/(ii) Court Proceedings/[135.118] Revision
[135.118] Revision The state government is empowered to revise orders passed by the state board ('the
state pollution control board')1 either on the government's own motion or on an application made to it2.
However, the state government may not pass any order in revision without affording the state board and the
person who may be affected by such an order, a reasonable opportunity of being heard in the matter3. The
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revisional jurisdiction of the state government does not extend to cases where an appeal lies to the Appellate
Authority4 but has not been preferred or where the appeal is pending before the Appellate Authority5.
1 Orders passed under the Water (Prevention and Control of Pollution) Act 1974 ss 25-27.
4 Water (Prevention and Control of Pollution) Act 1974 s 29(2)

PREVENTION AND CONTROL OF WATER POLLUTION/F. FUNDS, ACCOUNTS AND AUDIT/[135.119]
Union and state government contributions
[135.119] Union and state government contributions After due appropriation made by Parliament by law,
the Central Government may make necessary contributions to the Central Pollution Control Board to enable
the board to perform its functions in each financial year1. After due appropriation made by the legislature of
the state by law, the state government may make necessary contributions to the state board ('state pollution
control board') to enable the board to perform its functions in each financial year2.

Funds of boards
[135.120] Funds of boards The Central Board ('the Central Pollution Control Board') must have its own
fund. All sums which are paid to the Central Board by the Central Government and all other receipts by way
of gifts, grants, donations, benefactions or otherwise of the board are required to be carried to the fund1. All
payments by the Central Board are required to be made from this fund2. The Central Board may expend
such sums as it thinks necessary for performing its functions under the Water (Prevention and Control of
Pollution) Act 1974 and its functions relating to the prevention, control or abatement of air pollution3; and
these amounts are required to be treated as expenditure payable out of the fund of the board4.
Every state board ('the state pollution control board') must have its own fund and all sums which are paid to
the state board by the state government and all other receipts by way of gifts, grants, donations,
benefactions or otherwise of the board are required to be carried to the fund of the board and all payments of
the board shall be made therefrom5. All payments by the state board are required to be made from this
fund6. A state board may expend such sums as it thinks necessary for performing its functions under the
Water (Prevention and Control of Pollution) Act 1974 and its functions relating to the prevention, control or
abatement of air pollution7; and these amounts are required to be treated as expenditure payable out of the
fund of the board8.
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3 Air (Prevention and Control of Pollution) Act 1981 s 16. As to functions of the central pollution control boards see [135.030].
7 Air (Prevention and Control of Pollution) Act 1981 s 17. As to functions of the state pollution control boards see [135.031].

Borrowing powers of boards
[135.121] Borrowing powers of boards For discharging its functions, a board is empowered to borrow
money from any source, by way of loan or the issue of bonds, debentures or other instruments. However, the
Central Pollution Control Board may borrow money with the consent of the Central Government or in terms
of any authority given to it by the Central Government. Similarly, a state board ('state pollution control board')
may borrow money with the consent of the state government or in terms of any general or special authority
given to it by the state government1.

Budget
[135.122] Budget The Central Pollution Control Board and the state pollution control boards are required,
during each financial year, to prepare a budget showing the estimated receipt and expenditure in the
prescribed form and time for the next financial year1. Copies of the budget are required to be forwarded by
the Central Pollution Control Board to the Central Government and by each state pollution control board to
the concerned state government2.
2 Water (Prevention and Control of Pollution) Act 1974 s 38. As to power of the Central Government and the state governments
to make rules see [135.079] and [135.080].
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Preparation and laying of annual report
[135.123] Preparation and laying of annual report During each financial year, the Central Board ('Central
Pollution Control Board') must prepare an annual report giving a full account of its activities under the Water
(Prevention and Control of Pollution) Act 1974 during the previous financial year in the prescribed form.
Copies of the annual report must be sent to the Central Government within four months of the end of the
previous financial year. The Central Government is required to lay the report before both Houses of
Parliament within nine months from the end of the previous financial year1. Similarly, during each financial
year the state board ('state pollution control board') must prepare an annual report, in the prescribed form,
giving a full account of its activities during the previous financial year. Copies of the annual report must be
sent to the state government within four months of the end of the previous financial year and the state
government is required to lay the report before the state legislature within nine months from the end of the
previous financial year2.

Accounts and audit
[135.124] Accounts and audit Every board is required to maintain books of account and other relevant
records and prepare an annual statement of accounts, in the prescribed manner1. These accounts must be
audited by an auditor2 qualified to act as an auditor under the Companies Act 19563. The auditor must be
appointed by the Central Government for the Central Pollution Control Board and the state government for
the state board ('state pollution control board'), on the advice of the Comptroller and Auditor-General of
India4. Every auditor is entitled to demand the production of books, accounts, connected vouchers and other
documents and papers and to inspect any of the offices of the board5. The auditor is required to send a copy
of his report together with the audited copy of the accounts to the Central Government in respect of the
Central Pollution Control Board or the state government in respect of the state board6. On receipt of the audit
report, the Central Government is required to have the report laid before both Houses of Parliament7; and
the state government is required to lay the report before the state legislature8.
1 Water (Prevention and Control of Pollution) Act 1974 s 40(1). As to power of the Central Government and the state
governments to make rules see [135.079] and [135.080].
3 Companies Act 1956 s 226.

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PREVENTION AND CONTROL OF WATER POLLUTION/G. OFFENCES, PENALTIES AND
PROCEDURES/(i) Offences/[135.125] Offences by companies
[135.125] Offences by companies Where an offence is committed by a company1, every person who at the
time when the offence was committed, was in charge of and was responsible to the company for the conduct
of the business of the company, as well as the company, is deemed to be guilty of the offence and is liable to
be proceeded against and punished2. However, where a person proves that the offence was committed
without his knowledge or that he exercised all due diligence to prevent the commission of the offence, he
must not be liable to any punishment3.
consent or connivance of or was attributable to any neglect on the part of any director4, manager, secretary
proceeded against and punished5.
A complaint filed by the board against the directors and secretary of a company which was discharging
effluents without obtaining consent, must be examined6 by the magistrate and ought not to be quashed by
the High Court under the Code of Criminal Procedure 19737. The complaint may be amended to implede the
managing director of a company when it was shown at the trial that he was responsible for the violation8. A
sleeping partner in a firm who did not participate in the running of the business was liable to be acquitted in a
prosecution against the firm9. Junior officers and staff who are not responsible for the conduct of the
day-to-day business of the company are not liable to be convicted for an offence by the company10.
1 When used with reference to offences by companies, the expression 'company' means any body corporate and includes a
firm or other association of individuals: Water (Prevention and Control of Pollution) Act 1974 s 47 explanation (a).
4 The expression 'director' in relation to a firm, means a partner in the firm: Water (Prevention and Control of Pollution) Act 1974
s 47 explanation (b).
5 Water (Prevention and Control of Pollution) Act 1974 s 47(2). 4 Water (Prevention and Control of Pollution) Act 1974 s 47.
6 J S Huja v State J S Huja v State J S Huja v State (1989) Cr LJ 1334.
7 Code of Criminal Procedure 1973 s 482.
8 Mahmud Ali v State of Bihar Mahmud Ali v State of Bihar Mahmud Ali v State of Bihar AIR 1986 Pat 133, Mahmud Ali v State
of Bihar Mahmud Ali v State of Bihar Mahmud Ali v State of Bihar (1986) BLJR 154, Mahmud Ali v State of Bihar Mahmud Ali v
State of Bihar Mahmud Ali v State of Bihar (1986) Pat LJR(HC) 123.
9 Haryana State Board v Jai Bharat Woollen Finishing Works Haryana State Board v Jai Bharat Woollen Finishing Works
Haryana State Board v Jai Bharat Woollen Finishing Works (1993) For LT 101.
10 Haryana Pollution Control Board v Bharat Carpets Ltd Haryana Pollution Control Board v Bharat Carpets Ltd Haryana
Pollution Control Board v Bharat Carpets Ltd (1993) For LT 97.

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PROCEDURES/(i) Offences/[135.126] Offences by government departments
[135.126] Offences by government departments Where an offence under the Water (Prevention and
Control of Pollution) Act 1974 is committed by any department of government, the head of the department is
deemed to be guilty of the offence and is liable to be proceeded against and punished1. However, where the
head of the department proves that the offence was committed without his knowledge or that he exercised all
due diligence to prevent the commission of the offence, he must not be liable to any punishment2.

PROCEDURES/(i) Offences/[135.127] Cognisance of offences
[135.127] Cognisance of offences A court is prevented from taking cognisance of any offence under the
Water (Prevention and Control of Pollution) Act 1974, except on a complaint made by a board or any officer
authorised by the board1; or any person who has given a notice of not less than 60 days of the alleged
offence and of his intention to make a complaint to the board or its authorised officer in the prescribed
manner2. An offence under the Act may not be tried by a court inferior to that of a metropolitan magistrate or
a judicial magistrate of the first class3. Where a complaint has been made by a person, other than the board
or its authorised officer, the board is required to make available the relevant reports in its possession to such
person4. However, a board may refuse disclosure where it considers the disclosure to be against public
interest5.
A judicial magistrate of the first class and a metropolitan magistrate are empowered to pass a sentence of
imprisonment exceeding two years or a fine exceeding two thousand rupees on any person convicted of an
offence under the Water (Prevention and Control of Pollution) Act 19746 Having regard to the enormous
injury which noxious effluents inflict on public health, the harm caused to aquatic organisms and the adverse
impact on the life and health of animals, courts must promptly deal with prosecutions under the Water
(Prevention and Control of Pollution) Act 19747. A criminal complaint will not be quashed on a technical
defect such as a mis-description of the polluter's name8 or where the designation of the person in-charge of
the polluting unit is incorrectly stated in the complaint9. A complaint against the manager of a polluting
factory will not be quashed merely because it does not enumerate how the manager was responsible for the
operations of the plant or how she violated the statutory provisions. These questions must be considered at
the trial10. Where the board itself is the complainant, there is no need for a resolution sanctioning the
prosecution but an authorising resolution is necessary where an officer of the board filed the complaint11.
Technical flaws and procedural infirmities ought not to hamper the prosecution. The failure to produce the
written sanction of the board permitting prosecution along with the complaint, would not bar a magistrate
from taking cognisance of the complaint12. A complaint alleging that all the directors of a company were in
charge of the business of the company, without specifically identifying particular directors, is not bad on that
count alone13.

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7 Uttar Pradesh Pollution Control Board v Mohan Meakins Ltd Uttar Pradesh Pollution Control Board v Mohan Meakins Ltd
Uttar Pradesh Pollution Control Board v Mohan Meakins Ltd (2000) 3 SCC 745 [LNIND 2000 SC 516] [LNIND 2000 SC 516]
[LNIND 2000 SC 516] at 752.
8 Uttar Pradesh Pollution Control Board v Modi Distillery Uttar Pradesh Pollution Control Board v Modi Distillery Uttar Pradesh
Pollution Control Board v Modi Distillery AIR 1988 SC 1128 [LNIND 1987 SC 555] [LNIND 1987 SC 555] [LNIND 1987 SC 555],
Uttar Pradesh Pollution Control Board v Modi Distillery Uttar Pradesh Pollution Control Board v Modi Distillery Uttar Pradesh
Pollution Control Board v Modi Distillery (1987) 3 SCC 684 [LNIND 1987 SC 555] [LNIND 1987 SC 555] [LNIND 1987 SC 555],
Uttar Pradesh Pollution Control Board v Modi Distillery Uttar Pradesh Pollution Control Board v Modi Distillery Uttar Pradesh
Pollution Control Board v Modi Distillery (1987) 4 JT 221 [LNIND 1987 SC 555] [LNIND 1987 SC 555] [LNIND 1987 SC 555];
Pulgaon Cotton Mills Ltd, Pulgaon v Maharashtra Pollution Control Board, Army and Navy Building Pulgaon Cotton Mills Ltd,
Pulgaon v Maharashtra Pollution Control Board, Army and Navy Building Pulgaon Cotton Mills Ltd, Pulgaon v Maharashtra
Pollution Control Board, Army and Navy Building (2001) 2 Mah LJ 546; M V Arunachalam v Tamil Nadu Pollution Control
Board, Madras M V Arunachalam v Tamil Nadu Pollution Control Board, Madras M V Arunachalam v Tamil Nadu Pollution
Control Board, Madras (1992) Cr LJ 188.
9 Medwin Hospitals, represented by its MD, B Kameshwara Rao v State of Andhra Pradesh Medwin Hospitals, represented by
its MD, B Kameshwara Rao v State of Andhra Pradesh Medwin Hospitals, represented by its MD, B Kameshwara Rao v State
of Andhra Pradesh (1999) 2 Andh LT 471 at 478.
10 KK Nandi v Amitabha Banerjee KK Nandi v Amitabha Banerjee KK Nandi v Amitabha Banerjee (1983) Cr LJ 1479.
12 Industrial Chemical Works, Ahmedabad v Dahyabhai Kalubhai Solanki Industrial Chemical Works, Ahmedabad v Dahyabhai
Kalubhai Solanki Industrial Chemical Works, Ahmedabad v Dahyabhai Kalubhai Solanki (1993) 2 Guj LR 1318 at 1324.
13 Trans Asia Carpets Ltd v State of Uttar Pradesh Trans Asia Carpets Ltd v State of Uttar Pradesh Trans Asia Carpets Ltd v
State of Uttar Pradesh (1992) Cr LJ 673.

PROCEDURES/(i) Offences/[135.128] Publication of offender's name
[135.128] Publication of offender's name Where a person convicted of an offence under the Water
(Prevention and Control of Pollution) Act 1974 commits a similar offence afterwards, the court before which
the subsequent conviction takes place is empowered to direct the offender's name, place of residence, the
offence and the penalty imposed to be published in newspapers or in such other manner as the court may
direct1. The publication expenses will be deemed to be a part of the cost attending the conviction and are
recoverable from the offender in the same manner as a fine2.
2 See note 1 above.

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PROCEDURES/(ii) Penalties/[135.129] Failure to comply with certain provisions
[135.129] Failure to comply with certain provisions Any person who fails to comply with a direction issued
by the state pollution control board for furnishing information within the time specified in the direction1 is
punishable, on conviction, with imprisonment for a term which may extend to three months or with a fine upto
Rs 10,000 or with both2. Where the failure continues, additional fine which may extend to Rs 5,000 for each
day during which the failure continues after conviction for the first such failure, may be imposed3.
Any person who fails to comply with an order issued by the state pollution control board in the exercise of its
power to take emergency measures4 or any order passed by a magistrate5 or directions issued by the
board6, is punishable in respect of each such failure with imprisonment for a term not less than one year and
six months but which may extend to six years and with fine7. Additional fine which may extend to Rs 5,000
for each day during which the failure continues after conviction for the first such failure, may be imposed8.
Where such failure continues beyond the period of one year after the date of conviction, the offender is
punishable with imprisonment for a term which is not less than two years and which may extend to seven
years with fine9.
1 Water (Prevention and Control of Pollution) Act 1974 s 20(2), 20(3).
4 Order under Water (Prevention and Control of Pollution) Act 1974 s 32(1)(c).
5 Order under Water (Prevention and Control of Pollution) Act 1974 s 33(2).
6 Directions under Water (Prevention and Control of Pollution) Act 1974 s 3 3A.

PROCEDURES/(ii) Penalties/[135.130] Penalties for certain acts
[135.130] Penalties for certain acts A person is punishable with imprisonment for a term which may extend
to three months or with fine which may extend to Rs 10,000 or with both, where he:
(1) 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 a board1;
(2) obstructs any person acting under the orders or directions of the board from exercising his
powers and performing his functions under the Water (Prevention and Control of Pollution) Act
19742;
(3) damages any works or property belonging to a board3;
(4) fails to furnish any information required by the board or its officer or other employee for the
purpose of the Water (Prevention and Control of Pollution) Act 1974to the board or its officer or
other employees4;
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(5) fails to intimate the occurrence of any accident or other unforeseen act or event as required5 to
the board and other authorities or agencies6;
(6) knowingly or wilfully makes a statement, in any material particular, which is false while giving
any information he is required to give under the Act7;
(7) knowingly or wilfully makes a statement, in any material particular, which is false for the
purpose of obtaining any consent8.
Where for the purposes of granting a consent a monitoring device is used, any person who knowingly or
wilfully alters or interferes with a meter or gauge or monitoring device so as to prevent it from measuring
correctly, is punishable with imprisonment for a term which may extend to three months or with fine which
may extend to Rs 10,000 or with both9.
Any person who contravenes the provisions relating to the prohibition on the use of a stream or well to
dispose of polluting matter10 or the provisions restricting new outlets and new discharges11 or the provisions
regarding existing discharge of sewage or trade effluent12, in respect of each such contravention is
punishable with imprisonment for a minimum term of one year and six months but which may extend to six
years and with fine13.
An offence under a pollution control statute is a serious offence as it affects public health14.
The suspension of certain types of proceedings under the Sick Industrial Companies (Special Provisions) Act
198515 does not extend to a prosecution under the Water (Prevention and Control of Pollution) Act 197416.
6 Water (Prevention and Control of Pollution) Act 1974 s 42(1)(e). As to furnishing of information to state boards see [135.114].
8 Water (Prevention and Control of Pollution) Act 1974 s 42(1)(g). As to restrictions on new outlets and discharges and existing
discharge of sewage and trade effluent see respectively [135.099] and [135.100].
13 Water (Prevention and Control of Pollution) Act 1974 ss 43, 44.
14 Industrial Chemical Works, Ahmedabad v Dahyabhai Kalubhai Solanki Industrial Chemical Works, Ahmedabad v Dahyabhai
Kalubhai Solanki Industrial Chemical Works, Ahmedabad v Dahyabhai Kalubhai Solanki (1993) 2 Guj LR 1318 at 1323.
15 Sick Industrial Companies (Special Provisions) Act 1985 s 22.
16 Trans Asia Carpets Ltd v State of Uttar Pradesh Trans Asia Carpets Ltd v State of Uttar Pradesh Trans Asia Carpets Ltd v
State of Uttar Pradesh (1992) Cr LJ 673.
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PROCEDURES/(ii) Penalties/[135.131] Enhanced penalty
[135.131] Enhanced penalty Where a person convicted of specified offences1 is found guilty of
contravening the same provision, he is punishable with imprisonment for a minimum term of two years which
may extend to seven years and with fine, for every subsequent conviction2. However, for the enhanced
penalty to apply, the commission of the subsequent offence must be within two years of the conviction for the
previous offence3.
1 Any offence under Water (Prevention and Control of Pollution) Act 1974 ss 24-26.

PROCEDURES/(ii) Penalties/[135.132] Penalty for contravention of certain provisions
[135.132] Penalty for contravention of certain provisions Any person who contravenes any provision of
the Water (Prevention and Control of Pollution) Act 1974 or any order or direction issued under the Act, for
which no penalty is specifically provided in the Act, is punishable with imprisonment which may extend to
three months or with fine which may extend to Rs 10,000 or both1. Where the contravention continues, the
person is punishable with an additional fine which may extend to Rs 5,000 for each day during which the
contravention continues after conviction for the first such contravention2.
2 See note 1 above.

PROCEDURES/(ii) Penalties/[135.133] Action in good faith
[135.133] Action in good faith A suit, prosecution or other legal proceeding will not lie against the
government or any officer of the government or any member or officer of a board in respect of anything
which is done or intended to be done in good faith in pursuance of the Water (Prevention and Control of
Pollution) Act 1974 or the rules framed under the Act1. All the members, officers and employees of a board
when acting in pursuance of any of the provisions of the Water (Prevention and Control of Pollution) Act
1974 or the rules made under the Act are deemed to be public servants within the meaning of the Indian
Penal Code 18602.

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2 Water (Prevention and Control of Pollution) Act 1974 s 50; Indian Penal Code 1860 s 21.

PREVENTION AND CONTROL OF WATER POLLUTION/H. LAND ACQUISITION/[135.134] Land
acquisition
[135.134] Land acquisition Land required by the state board ('state pollution control board') to discharge its
functions under the Water (Prevention and Control of Pollution) Act 1974 is deemed to be required for a
public purpose and may be acquired for the state board under the provisions of the Land Acquisition Act
1894 or under any other corresponding law1.
1 Water (Prevention and Control of Pollution Act) 1974 s 56.

PREVENTION AND CONTROL OF WATER POLLUTION/I. REPORTS/[135.135] Returns and reports
[135.135] Returns and reports The Central Pollution Control Board is required to furnish such reports,
returns, statistics, accounts and other information to the Central Government with respect to its fund or
activities as the Central Government may require. Similarly a state pollution control board is required to
furnish such reports, returns, statistics, accounts and other information to the state government and the
Central Pollution Control Board as the state government or the Central Pollution Control Board may require1.

PREVENTION AND CONTROL OF WATER POLLUTION/J. WATER CESS/(i) Generally/[135.136] In
general
[135.136] In general The Water (Prevention and Control of Pollution) Cess Act 1977 was enacted1 to
provide funds for the Central Board ('Central Pollution Control Board')2 and the state boards ('state pollution
control boards')3. The purpose of the Water (Prevention and Control of Pollution) Cess Act 1977 is to realise
money from those whose activities lead to pollution and who must bear the expenses of the maintenance
and running of the board4. The Act levies a cess5 or tax on water consumed6 by specified industries7 and
every local authority8. The specified industries and all local authorities are required to pay the cess in respect
of water consumed for industrial cooling, spraying in mine pits or boiler feed; domestic purposes; processing
of which results in water pollution by bio-de-gradable water pollutants; and processing which results in water
pollution by water pollutants which are not easily bio-degradable and are toxic9.
The Water (Prevention and Control of Pollution) Cess Act 1977 is a fiscal statute and the provisions must be
strictly construed to determine whether liability is fastened on a particular industry10. Whether a particular
industry is taxable is to be judged by the pre-dominant purpose and process carried on by the industry and
not by any ancillary or incidental process11. Hence, the manufacture of rayon grade pulp12, the manufacture
101101
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of sugar from sugarcane13, the processing of latex14, the manufacture of locomotives, engines and so on.15
and the manufacture of biscuits, bread and milk powder16 are not covered by the levy. However, a
manufacturer of glass products17 would be covered by the 'ceramic industry' and would be liable to pay water
cess18. An industry manufacturing cardboard or hard board was liable to pay water cess since it was covered
by the heading 'paper industry'19. The raw material used in the manufacture of the board was the same as
that used to manufacture paper20.
However, where the cess was collected from an industry that was not covered by the levy and writ petitions
were filed within a reasonable time, the amount collected without the authority of law was liable to be
refunded21.
1 The Water (Prevention and Control of Pollution) Cess Act 1977 falls within the legislative competence of Parliament:
Constitution of India Sch 7, List 1 Entry 97. See also Tata Iron & Steel Co Ltd v State of Bihar Tata Iron & Steel Co Ltd v State
of Bihar Tata Iron & Steel Co Ltd v State of Bihar AIR 1991 Pat 75 at 86, Tata Iron & Steel Co Ltd v State of Bihar Tata Iron &
Steel Co Ltd v State of Bihar Tata Iron & Steel Co Ltd v State of Bihar (1990) 2 Pat LJR 88; Agra Engineering Industries v
Union of India Agra Engineering Industries v Union of India Agra Engineering Industries v Union of India (1987) All LJ 41.
2 The Central Pollution Control Board is constituted under the Water (Prevention and Control of Pollution) Act 1974 s 3. As to
constitution of the Central Pollution Control Board see [135.081].
3 The State Pollution Control Boards are constituted under the Water (Prevention and Control of Pollution) Act 1974 s 4. As to
constitution of state pollution control boards see [135.082].
4 Member Secretary, Andhra Pradesh State Board for Prevention and Control of Water Pollution v Andhra Pradesh Rayons Ltd
Member Secretary, Andhra Pradesh State Board for Prevention and Control of Water Pollution v Andhra Pradesh Rayons Ltd
Member Secretary, Andhra Pradesh State Board for Prevention and Control of Water Pollution v Andhra Pradesh Rayons Ltd
AIR 1989 SC 611, Member Secretary, Andhra Pradesh State Board for Prevention and Control of Water Pollution v Andhra
Pradesh Rayons Ltd Member Secretary, Andhra Pradesh State Board for Prevention and Control of Water Pollution v Andhra
Pradesh Rayons Ltd (1989) 1 SCC 44 [LNIND 1988 SC 494] [LNIND 1988 SC 494] [LNIND 1988 SC 494], Member Secretary,
Andhra Pradesh State Board for Prevention and Control of Water Pollution v Andhra Pradesh Rayons Ltd Member Secretary,
Andhra Pradesh State Board for Prevention and Control of Water Pollution v Andhra Pradesh Rayons Ltd (1988) 4 JT 154(2);
Saraswati Sugar Mills v Haryana State Board Saraswati Sugar Mills v Haryana State Board Saraswati Sugar Mills v Haryana
State Board AIR 1992 SC 224 [LNIND 1991 SC 546] [LNIND 1991 SC 546] [LNIND 1991 SC 546].
5 Water (Prevention and Control of Pollution) Cess Act 1977 s 3.
6 'Consumption of water' includes supply of water. Water used for cooling the turbines and equipment of a thermal power
station and discharged back in the river from which it was drawn amounts to the consumption of water for the levy of water
cess: Water (Prevention and Control of Pollution) Cess Act 1977 s 3(3) explanation. See Delhi Electric Supply Undertaking v
Central Board for the Prevention and Control of Water Pollution Delhi Electric Supply Undertaking v Central Board for the
Prevention and Control of Water Pollution Delhi Electric Supply Undertaking v Central Board for the Prevention and Control of
Water Pollution (1995) Supp (3) SCC 385.
7 'Specified industry' means any industry listed in Sch 1: Water (Prevention and Control of Pollution) Cess Act 1977 s 2 (c).
8 'Local authority' means a municipal corporation, municipal council, cantonment board or any other body entrusted with the
duty of supplying water under the law by which the body was constituted: Water (Prevention and Control of Pollution) Cess Act
1977 s 2(a).
9 Water (Prevention and Control of Pollution) Cess Act 1977Sch 2.
11 Member Secretary, Andhra Pradesh State Board for Prevention and Control of Water Pollution v Andhra Pradesh Rayons
Ltd Member Secretary, Andhra Pradesh State Board for Prevention and Control of Water Pollution v Andhra Pradesh Rayons
Ltd Member Secretary, Andhra Pradesh State Board for Prevention and Control of Water Pollution v Andhra Pradesh Rayons
Ltd AIR 1989 SC 611, Member Secretary, Andhra Pradesh State Board for Prevention and Control of Water Pollution v Andhra
Pradesh Rayons Ltd (1989) 1 SCC 44 [LNIND 1988 SC 494] [LNIND 1988 SC 494] [LNIND 1988 SC 494], Member Secretary,
Andhra Pradesh State Board for Prevention and Control of Water Pollution v Andhra Pradesh Rayons Ltd (1988) 4 JT 154(2);
102102
Page
Bihar State Pollution Control Board v Tata Engineering & locomotive Co Ltd Bihar State Pollution Control Board v Tata
Engineering & locomotive Co Ltd Bihar State Pollution Control Board v Tata Engineering & locomotive Co Ltd (1998) 8 SCC
720 at 721.
12 Andhra Pradesh State Board for Prevention and Control of Water Pollution v Andhra Pradesh Rayons Ltd Andhra Pradesh
State Board for Prevention and Control of Water Pollution v Andhra Pradesh Rayons Ltd Andhra Pradesh State Board for
Prevention and Control of Water Pollution v Andhra Pradesh Rayons Ltd AIR 1989 SC 611.
13 Saraswati Sugar Mills v Haryana State Board Saraswati Sugar Mills v Haryana State Board Saraswati Sugar Mills v
Haryana State Board AIR 1992 SC 224 [LNIND 1991 SC 546] [LNIND 1991 SC 546] [LNIND 1991 SC 546].
14 Harrisons Malayalam Ltd v Kerala State Pollution Control Board Harrisons Malayalam Ltd v Kerala State Pollution Control
Board Harrisons Malayalam Ltd v Kerala State Pollution Control Board AIR 1992 Ker 168 at 175.
15 Bihar State Pollution Control Board v Tata Engineering and locomotive Co Ltd Bihar State Pollution Control Board v Tata
Engineering and locomotive Co Ltd Bihar State Pollution Control Board v Tata Engineering and locomotive Co Ltd (1998) 8
SCC 720 at 721.
16 Britannia Industries Ltd v Tamil Nadu Pollution Control Board Britannia Industries Ltd v Tamil Nadu Pollution Control Board
Britannia Industries Ltd v Tamil Nadu Pollution Control Board (2000) 9 SCC 68.
17 Sri Durga Glass Works, Ferozabad v Union of India Sri Durga Glass Works, Ferozabad v Union of India Sri Durga Glass
Works, Ferozabad v Union of India AIR 1997 All 179 [LNIND 1996 ALL 1273] [LNIND 1996 ALL 1273] [LNIND 1996 ALL 1273],
Sri Durga Glass Works, Ferozabad v Union of India Sri Durga Glass Works, Ferozabad v Union of India Sri Durga Glass Works,
Ferozabad v Union of India (1997) 30 All LR 241 [LNIND 1996 ALL 1273] [LNIND 1996 ALL 1273] [LNIND 1996 ALL 1273].
18 Water (Prevention and Control of Pollution) Cess Act 1977Sch 1 Entry No 8.
19 Water (Prevention and Control of Pollution) Cess Act 1977Sch 1 Entry No 11.
20 Chandra Enterprises v Cess Appellate Committee Chandra Enterprises v Cess Appellate Committee Chandra Enterprises v
Cess Appellate Committee (1991) All LJ 729 at 730.
21 Uttar Pradesh Pollution Control Board v Kanoria Industrial Ltd Uttar Pradesh Pollution Control Board v Kanoria Industrial Ltd
Uttar Pradesh Pollution Control Board v Kanoria Industrial Ltd AIR 2001 SC 787, Uttar Pradesh Pollution Control Board v
Kanoria Industrial Ltd Uttar Pradesh Pollution Control Board v Kanoria Industrial Ltd Uttar Pradesh Pollution Control Board v
Kanoria Industrial Ltd (2001) 2 JT 103, Uttar Pradesh Pollution Control Board v Kanoria Industrial Ltd Uttar Pradesh Pollution
Control Board v Kanoria Industrial Ltd Uttar Pradesh Pollution Control Board v Kanoria Industrial Ltd 2001 (2) LRI 727.

PREVENTION AND CONTROL OF WATER POLLUTION/J. WATER CESS/(i) Generally/[135.137] Central
Government's power to amend
[135.137] Central Government's power to amend The Central Government is empowered to amend the
list of specified industries1 that are liable to water cess, by notification in the official gazette. While amending
Schedule I, the Central Government is required to have regard to the consumption of water by an industry
and the consequential discharge and pollution caused by the industry2.
Every such notification is required to be laid before each House of Parliament, if it is in session and if it is not
sitting, within seven days of its reassembly The Central Government must seek the approval of Parliament to
the notification by a resolution moved within a period of 15 days of the notification being laid before both the
Houses of Parliament. If Parliament makes any modification in the notification or directs that the notification
must cease to have effect, the notification must thereafter have effect only in such modified form or be of no
effect, as the case may be. However, such modification or annulment does not prejudice the validity of
anything previously done under the notification3.
The imposition of cess on the hydroelectric power generating industry was illegal since Parliament had not
approved the amendment4.
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1 Ie the list of industries specified in Sch 1.
2 Water (Prevention and Control of Pollution) Cess Act 1977 s 16(1).
4 Ie the amendment to Sch 1 extending the levy to that industry: Union of India v National Hydro-electric Power Corpn Ltd
Union of India v National Hydro-electric Power Corpn Ltd Union of India v National Hydro-electric Power Corpn Ltd [2001] 3 LRI
790, Union of India v National Hydro-electric Power Corpn Ltd Union of India v National Hydro-electric Power Corpn Ltd Union
of India v National Hydro-electric Power Corpn Ltd AIR 2001 SC 2512 [LNIND 2001 SC 1459] [LNIND 2001 SC 1459] [LNIND
2001 SC 1459], Union of India v National Hydro-electric Power Corpn Ltd Union of India v National Hydro-electric Power Corpn
Ltd Union of India v National Hydro-electric Power Corpn Ltd (2001) 6 SCC 307 [LNIND 2001 SC 1459] [LNIND 2001 SC 1459]
[LNIND 2001 SC 1459].

PREVENTION AND CONTROL OF WATER POLLUTION/J. WATER CESS/(i) Generally/[135.138] Cess
rates and rebate
[135.138] Cess rates and rebate The rates of cess are required to be notified by the Central Government1
within the limits prescribed by the statute2. The cess is imposed at differential rates depending upon whether
the assessee complies with the specified environmental norms. To enjoy the benefit of the lower cess rates,
the assessee must:
(1) comply with the provisions of the Water (Prevention and Control of Pollution) Act 19743; and
(2) meet the standards laid down under the Environment (Protection) Act 19864. A rebate of 25
percent of the cess is given to complying industries and local authorities that in addition to the
two conditions mentioned above, consume water within the limits prescribed5.
Prior to the 1991 amendment to the Water (Prevention and Control of Pollution) Cess Act 1977, an assessee
was entitled to rebate even though it was not in a position to treat the entire trade effluent or sewage in its
water treatment plant6 or where the treatment plant did not succeed fully in attaining discharge parameters7.
Where there is a delay in the payment of cess, the person liable is required to pay interest at the rate of two
per cent for every month or part of a month from the date on which such payment is due, till such amount is
paid8. Where the cess is not paid within the date specified in the order of assessment, a penalty not
exceeding the amount of the cess in arrears may be imposed on the assessee9. Before imposing any such
penalty, the person to be penalised is required to be given a reasonable opportunity of being heard and after
such hearing, the local authority is satisfied that the default was for a good and sufficient reason, no penalty
must be imposed10. Any amount due whether by way of arrears or interest or penalty may be recovered by
the Central Government in the same manner as an arrear of land revenue11.
1 Water (Prevention and Control of Pollution) Cess Act 1977 s 3(ii).
2 Water (Prevention and Control of Pollution) Cess Act 1977 s 3(ii) Sch 2.
3 Water (Prevention and Control of Pollution) Act 1974 s 2 5.
4 Water (Prevention and Control of Pollution) Cess Act 1977 s 3(2A).
6 Tata Iron & Steel Co Ltd v State of Bihar Tata Iron & Steel Co Ltd v State of Bihar Tata Iron & Steel Co Ltd v State of Bihar
AIR 1991 Pat 75 at 89, Tata Iron & Steel Co Ltd v State of Bihar Tata Iron & Steel Co Ltd v State of Bihar Tata Iron & Steel Co
104104
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Ltd v State of Bihar (1990) 2 Pat LJR 88.
7 Seshasayee Paper and Board Ltd v The Appellate Committee Seshasayee Paper and Board Ltd v The Appellate Committee
Seshasayee Paper and Board Ltd v The Appellate Committee (1994) 2 Mad LJR 394 at 400.
10 Water (Prevention and Control of Pollution) Cess Act 1977 s 11 proviso.

PREVENTION AND CONTROL OF WATER POLLUTION/J. WATER CESS/(i) Generally/[135.139]
Assessment of cess
[135.139] Assessment of cess For the purposes of measuring and recording the quantity of water
consumed, every person carrying on any specified industry and every local authority is required to install a
meter of such standards and at such places, as may be prescribed1. The quantity of water indicated by such
meter must be presumed to have been consumed by such person or local authority, as the case may be,
until the contrary is proved2. If any person or local authority fails to affix such meter, the Central Government
is required to, after notice to the person or local authority as the case may be, cause a meter to be affixed
and the cost of the meter together with the cost of affixing it may be recovered from the person or local
authority by the Central Government in the same manner as an arrear of land revenue3. Every person
carrying on any specified industry and every local authority, liable to pay cess must furnish a return in the
form and at the intervals and containing the particulars, as may be prescribed4. Upon failure to furnish any
return, the officer or the authority must give a notice requiring the person or local authority to furnish such
return before such date as may be specified in the notice5. The designated officer or authority to whom or on
which the return is furnished is required to assess the amount of cess payable after conducting an
appropriate inquiry and after being satisfied that the particulars stated in the returns are correct6. Where a
return has not been furnished, the assessing officer or authority is required to cause an inquiry and issue an
order assessing the amount of cess payable by the concerned person carrying on any specified industry or
local authority as the case may be7. An order of assessment must specify the date within which the cess
must be paid to the state government8. A copy each of the order of assessment must be sent to the person,
or as the case may be, to the local authority concerned and to the state government9. The state government,
through its officers or authorities specified by it in this behalf by notification in the official gazette, must collect
the cess from the person or local authority liable to pay the same and pay the amount so collected to the
Central Government in such manner and within such time as may be prescribed10. The proceeds of the cess
levied are required to be credited to the Consolidated Fund of India. Pursuant to an appropriation made by
Parliament by law, the Central Government may pay the Central Pollution Control Board and every state
pollution control board11 from out of the proceeds credited to the consolidated fund, after deducting the
expenses on collection, amounts for being utilised under the Water (Prevention and Control of Pollution) Act
197712. In determining the sum of money to be paid to any state pollution control board, the Central
Government is required to have regard to the amount of the cess collected from that state13.

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7 Water (Prevention and Control of Pollution) Cess Act 1977 s 6(1A).
11 For the purpose of this statutory provision, a 'state board' includes a joint board, if any, constituted under the Water
(Prevention and Control of Pollution) Act 1974 s 13(see [135.082]): Water (Prevention and Control of Pollution) Cess Act 1977 s
8 explanation.
13 Water (Prevention and Control of Pollution) Cess Act 1977 s 8 proviso.

PREVENTION AND CONTROL OF WATER POLLUTION/J. WATER CESS/(i) Generally/[135.140] Offences
by companies
[135.140] Offences by companies Where an offence is committed by a company1, every person who, at
the time when the offence was committed, was in charge of, and was responsible to, the company for the
conduct of the business of the company, as well as the company, are deemed to be guilty of the offence and
are liable to be proceeded against and punished2. However, where a person proves that the offence was
committed without his knowledge or that he exercised all due diligence to prevent the commission of the
offence, he must not be liable to any punishment3.
consent or connivance of, or was attributable to any neglect on the part of any director4, manager, secretary
firm or other association of individuals: Water (Prevention and Control of Pollution) Cess Act 1977 s 15 explanation (a).
3 Water (Prevention and Control of Pollution) Cess Act 1977 s 15(1) proviso.
4 The expression 'director' in relation to a firm, means a partner in the firm: Water (Prevention and Control of Pollution) Cess
Act 1977 s 15 explanation (b).

PREVENTION AND CONTROL OF WATER POLLUTION/J. WATER CESS/(i) Generally/[135.141] Penalty
106106
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[135.141] Penalty A person intentionally furnishing a false return is punishable with imprisonment upto six
months or a fine upto Rs 1,000 or with both imprisonment and fine1. A person who wilfully or intentionally
evades the payment of cess or attempts to evade such payment is liable to be punished with imprisonment
upto six months or with a fine upto Rs 1,000 or with both imprisonment and fine2. The court must take
cognisance of an offence relating to the furnishing of a false return or the evasion of cess save on a
complaint made by or under the authority of the Central Government3.
1 Water (Prevention and Control of Pollution) Cess Act 1977 s 14 (1).

PREVENTION AND CONTROL OF WATER POLLUTION/J. WATER CESS/(i) Generally/[135.142] Appeals
[135.142] Appeals Any person aggrieved by an order of assessment1 or an order imposing penalty has a
right of appeal2. The appeal must be accompanied by the prescribed fee3 and must be filed within the time
and in such form and manner, as may be prescribed4. The Appellate Authority is required to dispose of the
appeal as expeditiously as possible after giving the appellant an opportunity of being heard in the matter5.
Every appellate order is final and may not be questioned in any court of law6.

PREVENTION AND CONTROL OF WATER POLLUTION/J. WATER CESS/(ii) Water Cess Rules/[135.143]
Generally
[135.143] Generally The Central Government has framed rules prescribing the standards of meters and the
places where they are to be affixed; the furnishing of returns; the manner of payment of cess to the Central
Government and the time within which it is required to be paid; the provisions in respect of rebate; the
powers of officers and authorities; and the provisions in respect of appeals1.
1 Water (Prevention and Control of Pollution) Cess Rules 1978.

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PREVENTION AND CONTROL OF WATER POLLUTION/J. WATER CESS/(ii) Water Cess Rules/[135.144]
Central Government's power to make, lay and modify rules
[135.144] Central Government's power to make, lay and modify rules The Central Government is
empowered to make rules for carrying out the purposes of the Water (Prevention and Control of Pollution)
Cess Act 19771. Without limiting the general power of the Central Government to make rules, the rules may
provide for the following matters:
(1) the standards of the meters to be affixed and the places at which such meters are to be
affixed2;
(2) the form in which and the intervals at which the returns are to be furnished, the particulars
which such returns must contain and the officer or authority to whom returns are to be
furnished3;
(3) the manner and the time in which the cess collected are required to be paid to the Central
Government4;
(4) the date from which the person or local authority liable to pay cess is entitled to rebate and the
maximum quantity of water in excess of consumption, that would disentitle a person or local
authority to rebate5;
(5) the powers which may be exercised by the officers or authority in respect of entry into any
premises for carrying out the purposes of the Water (Prevention and Control of Pollution) Cess
Act 19776;
(6) the authority which may impose penalty7;
(7) the authority to which an appeal may be filed and the time within which and the form and
manner in which the appeal may be filed8;
(8) the fees that must accompany an appeal9;
Every rule made under the Water (Prevention and Control of Pollution) Cess Act 1977 is required to be laid
before each House of Parliament, while it is in session, for a total period of 30 days which may be comprised
in one session or in two or more successive sessions. If before the expiry of the session immediately
following the session in which the 30 day period expired, both Houses agree in making any modification in
the rule or both Houses agree that the rule must not be made, the rule must thereafter have effect only in
such modified form or be of no effect, as may be the case. However, such modification or annulment does
not prejudice the validity of anything previously done under that rule11.
2 Water (Prevention and Control of Pollution) Cess Act 1977 s 17(2)(a).
3 Water (Prevention and Control of Pollution) Cess Act 1977 s 17(2)(b).
4 Water (Prevention and Control of Pollution) Cess Act 1977 s 17(2)(c).
5 Water (Prevention and Control of Pollution) Cess Act 1977 s 17(2)(d).
6 Water (Prevention and Control of Pollution) Cess Act 1977 s 17(2)(e).
7 Water (Prevention and Control of Pollution) Cess Act 1977 s 17(2)(f).
8 Water (Prevention and Control of Pollution) Cess Act 1977 s 17(2)(g).
9 Water (Prevention and Control of Pollution) Cess Act 1977 s 17(2)(h).
10 Water (Prevention and Control of Pollution) Cess Act 1977 s 17(2)(i).

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(Environment; Misrepresentation and Fraud)/[135] ENVIRONMENT/5. WATER POLLUTION/(2) MARINE
POLLUTION/A. PROTECTION OF TERRITORIAL WATERS, CONTINENTAL SHELF AND EXCLUSIVE
ECONOMIC ZONE/(i) Generally/[135.145] Legislation
[135.145] Legislation The legislative framework for controlling marine pollution is provided by the Territorial
Waters1, Continental Shelf2, Exclusive Economic Zone3 and Other Maritime Zones Act 1976. India's
sovereignty for the purposes of exploration, exploitation, conservation and management extends over all
natural resources in the continental shelf4 and exclusive economic zones5. The Central Government has
exclusive jurisdiction to preserve and protect the marine environment and to prevent and control marine
pollution within the continental shelf6 and exclusive economic zone7. The Indian coast guard is responsible
for taking necessary measures to preserve and protect maritime environment and to prevent and control
marine pollution8.
1 The limit of the 'territorial waters' is the line every point of which is at a distance of twelve nautical miles from the nearest point
of the appropriate baseline: Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act 1976
s 3(2). See generally [270] SHIPPING AND NAVIGATION.
2 The 'continental shelf' of India comprises the sea-bed and sub-soil of the submarine areas that extends beyond the limit of its
territorial waters throughout the natural prolongation of India's land territory to the outer edge of the continental margin or to a
distance of 200 nautical miles from the appropriate baseline where the continental margin does not extend upto that distance:
Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act 1976 s 6(1).
3 The 'exclusive economic zone' is an area beyond and adjacent to the territorial waters and the limit of such zone is 200
nautical miles from the appropriate baseline: Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other
Maritime Zones Act 1976 s 7(1).
4 Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act 1976 s 6(3)(a). As to the
government's powers of protection of the continental shelf see [135.146].
5 'Natural resources' includes living and non-living resources as well as those used for producing energy from tides, winds and
currents:Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act 1976 s 7(4)(a). As to the
government's powers of protection of the exclusive economic zones see [135.147].
6 Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act 1976 s 6(3)(d).
7 Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act 1976 s 7(4)(d).
8 Coast Guard Act 1978 s 14(2)(c).

ECONOMIC ZONE/(ii) Continental Shelf/[135.146] Powers of protection
[135.146] Powers of protection The Central Government may, by notification in the official gazette1, make
such provisions, as it may deem necessary with respect to2:
(1) the exploration, exploitation and protection of the resources of the continental shelf within such
designated area3; or
(2) the safety and protection of artificial islands, off-shore terminals, installations and other
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structures and devices in such designated area4; or

(3) the protection of the marine environment of such designated area5.
1 Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act 1976 s 6(5).
2 Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act 1976 s 6(5)(b).
3 Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act 1976 s 6(5)(b)(i).
4 Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act 1976 s 6(5)(b)(ii).
5 Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act 1976 s 6(5)(b)(iii).

ECONOMIC ZONE/(iii) Exclusive Economic Zone/[135.147] Powers of protection
[135.147] Powers of protection No person, including a foreign government, is entitled to explore or exploit
any resources of the exclusive economic zone or carry out any research or excavation or conduct any
research within the exclusive economic zone or drill therein or construct, maintain or operate any artificial
island, off-shore terminal, installation or other structure or device therein for any purpose whatsoever, except
under and in accordance with the terms of any agreement with the Central Government or of a licence or a
letter of authority granted by the Central Government1. However, this statutory provision will not apply to
fishing activities carried on by a citizen of India2.
The Central Government may, by notification in the official gazette3, make such provisions as it may deem
necessary with respect to the exploration, exploitation and protection of the resources of such designated
area4 or other activities for the economic exploitation and exploration of such designated area, such as the
production of energy from tides, winds and currents5 or the safety and protection of artificial islands,
off-shore terminals, installations and other structures and devices in such designated areas6, the protection
of marine environment of such designated area7.
2 Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act 1976 s 7(5) proviso.
4 Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act 1976 s 7(6)(b)(i).
5 Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act 1976 s 7(6)(b)(ii).
6 Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act 1976 s 7(6)(b)(iii).
7 Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act 1976 s 7(6)(b)(iv).

ECONOMIC ZONE/(iv) Offences and Trial/[135.148] Generally
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[135.148] Generally Whoever contravenes any provision of the Territorial Waters, Continental Shelf,
Exclusive Economic Zone and Other Maritime Zones Act 1976 or any notification under it, must be
punishable with imprisonment which may extend to three years or with fine or with both1.
1 This is without prejudice to any other action which may be taken against such person under any other provision of the
Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act 1976 or of any other enactment:
s 11.

ECONOMIC ZONE/(iv) Offences and Trial/[135.149] Offences by companies
[135.149] Offences by companies Where an offence has been committed by a company under the
Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act 1976or the
rules made thereunder, every person who at the time the offence was committed was in charge of and was
responsible to the company1 for the conduct of the business of the company as well as the company, must
be deemed to be guilty of the offence and must be liable to be proceeded against and punished accordingly2.
However, this must not 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 the offence3.
Where an offence, under this Act or the rules made thereunder, has been committed by a company and it is
proved that the offence has been committed with the consent or connivance of or is attributable to any
neglect on the part of any director4, manager, secretary or other officer of the company, such director,
manager, secretary or other officer must be deemed to be guilty of that offence and must be liable to be
proceeded against and punished accordingly5.
1 For the purposes of this statutory provision, 'company' means any body corporate and includes a firm or other associations of
individuals: Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act 1976 s 12(2).
3 Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act 1976 s 12(1) proviso.
5 For the purposes of this statutory provision, 'director', in relation to a firm, means a partner in the firm: Territorial Waters,
Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act 1976 s 12(2).

ECONOMIC ZONE/(iv) Offences and Trial/[135.150] Place of trial
[135.150] Place of trial Any person committing an offence under the Territorial Waters, Continental Shelf,
Exclusive Economic Zone and Other Maritime Zones Act 1976or any rules made thereunder or under any of
the enactments extended under this Act or under the rules made thereunder may be tried for the offence in
any place in which he may be found or in such other place as the Central Government may, by general or
special order direct in this behalf through a publication in the official gazette1.
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1 Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act 1976 s 13.

ECONOMIC ZONE/(iv) Offences and Trial/[135.151] Sanction for prosecution
[135.151] Sanction for prosecution No prosecution must be instituted against any person in respect of any
offence under this Act or the rules made thereunder without the previous sanction of the Central Government
or such officer or authority as may be authorised by that government by order in writing in this behalf1.
1 Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act 1976 s 14.

POLLUTION/B. OIL POLLUTION/(i) Generally/[135.152] Legislation
[135.152] Legislation the Merchant Shipping Act 1958 governs the civil1 and criminal liability2 regimes in
respect of oil pollution3 and also provides for the prevention4 and containment of marine pollution by oil5. the
Merchant Shipping Act 1958 deals comprehensively with the civil liability of the owner6 of an Indian vessel7
or a foreign vessel that damages the environment within the territorial waters of India or any marine areas
adjacent to the territorial waters over which India has exclusive jurisdiction in regard to the control of marine
pollution under the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones
Act 1976 or any other law in force8.
The above-mentioned provisions do not apply to any ship of war or any ship for the time being used by the
government of any country for purposes other than commercial purposes9.
1 Merchant Shipping Act 1958 Pt 10B (ss 352G-352R). Part 10B was inserted by the Merchant Shipping (Amendment) Act
1983 and gave effect to the provisions of the International Convention on Civil Liability for Oil Pollution Damage 1969.
2 Merchant Shipping Act 1958 s 436(2) Table item nos 115B-115G.
3 'Oil' means any persistent oil such as crude oil, fuel oil, heavy diesel oil, lubricating oil and whale oil, whether carried on board
a tanker as cargo or fuel: Merchant Shipping Act 1958 s 352H(b). 'Pollution damage' means loss or damage caused outside a
ship by contamination resulting from the escape or discharge of oil from that ship and includes the cost of preventive measures
and further loss or damage caused by preventive measures: Merchant Shipping Act s 352H(d).
4 'Preventive measures' means any reasonable measures taken by any person to prevent or minimise pollution damage after
the incident (Merchant Shipping Act 1958 s 352H(e)). 'Incident' refers to any occurrence or series of occurrences having the
same origin that causes pollution damage (Merchant Shipping Act s 352H(a)).
5 Merchant Shipping Act 1958 Pt 11A (comprising ss 356A-3560). Part 11A gives effect to amendments to the International
Convention for the Prevention of Pollution of Sea by Oil 1954. It was inserted by the Merchant Shipping (Amendment) Act 1983.
6 'Owner' means: (1) the person registered as owner of the ship and includes the operator who for the time being is in charge of
the ship and the master of the ship; or (2) the person owning the ship in the absence of registration; or (3) the person registered
in that state as the operator of the ship, in the case of a tanker owned by a Foreign State: Merchant Shipping Act 1958 s 352H.
7 Merchant Shipping Act 1958 s 352G(a).

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8 Merchant Shipping Act 1958 s 352G(b).
9 Merchant Shipping Act 1958 s 352Q.

POLLUTION/B. OIL POLLUTION/(ii) Rule-Making Power/[135.153] Power to make rules
[135.153] Power to make rules The Central Government may, having regard to the provisions of the
Convention, make rules to carry out the purposes of the Merchant Shipping Act 19581. Such rules may2: (1)
prescribe the specifications of heavy diesel oil3; (2) prescribe the equipment to be fitted in Indian ships and
other requirements to be complied with by those ships4; (3) prescribe the forms of oil record books for
tankers and other ships, the manner in which such books must be maintained, the nature of the entries to be
made therein, the time and circumstances in which such entries must be made, the custody and disposal
thereof and all other matters5; (4) prescribe the fees which may be levied for inspection of the oil monitoring
system, oil water separator, oil content metre, crude oil washing system, inert gas system or other
equipments or contrivances carried out on board for preventing pollution of the sea by oil and the manner in
which such fees may be collected6; (5) specify the officers who must collect the cess and the manner in
which the cess must be collected7.
1 Merchant Shipping Act 1958 s 3560(1).
2 In particular and without prejudice to the generality of the Merchant Shipping Act 1958 s 3560(1).
3 For the purposes of the Merchant Shipping Act 1958 s 356B(j)(iii): s 3560(2)(a).
4 For the purposes of the Merchant Shipping Act 1958 s 356E: s 3560(2)(b).
5 Ie matters relating to the purposes of the Merchant Shipping Act 1958 s 356F: s 3560(2)(c).
6 Merchant Shipping Act 1958 s 3560(2)(d).
7 Merchant Shipping Act 1958 s 3560(2)(e).

POLLUTION/B. OIL POLLUTION/(iii) Prevention and Containment of Pollution of Sea by Oil/(A)
Definitions/[135.154] Some important definitions
[135.154] Some important definitions the Merchant Shipping Act 1958 defines some technical terms to
mean the following, unless the context otherwise requires:
(1) 'Cargo' includes ballast and ship's stores and fuel1;

(2) 'Coast' includes any island forming part of India2;
(3) 'Coastal waters' means any part of the territorial waters of India or any marine areas adjacent
thereto over which India has or may hereafter have exclusive jurisdiction in regard to control of
marine pollution under the Territorial Waters, Continental Shelf, Exclusive Economic Zone and
other Maritime Zones Act 1976 or any other law for the time being in force3;
(4) 'Convention' means the International Convention for the Prevention of Pollution of the Sea by
Oil 1954, signed in London on 12 May 1954, as amended from time to time4;
(5) 'Discharge', in relation to oil or oily mixture means any discharge or escape, however caused5;
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(6) 'Free nearest land' must mean the baseline from which the territorial sea of the territory in
question is established in accordance with the Geneva Convention on the Territorial Sea and
the Contiguous Zone 19586.
(7) 'Instantaneous rate of discharge of oil content' means the rate of discharge of oil in litres per
hour at any instant divided by the speed of the ship in knots in knots at the same instant7;
(8) 'Mile' means a nautical mile of 1,852 metres8;
(9) 'Off-shore installation' means an installation, whether mobile or fixed that is used or is intended
to be used for under-water exploration or exploitation of crude oil, petroleum or other similar
mineral oils, under lease, licence or any other of contractual arrangement and includes (1) any
installation which could be moved from place to place under its own motive power or otherwise;
and (2) a pipe-line9;
(10) 'Oil' means: (a) crude oil;(b) fuel oil;(c) heavy diesel oil conforming to such specifications as
may be prescribed; and (d) lubricating oil10;
(11) 'Oily mixture' means a mixture with any oil content11;
(12) 'Oil reception facilities' in relation to a port, means facilities for enabling vessels using the port
to discharge or deposit oil residues12;
(13) 'Ship' means any sea-going vessel of any type whatsoever, including a floating craft, whether
self-propelled or towed by another vessels, making a sea-voyage13;
(14) 'Tanker' means a ship in which greater part of the cargo space is constructed or adapted for
the carriage of liquid cargoes in bulk and which is not, for the being, carrying a cargo other than
oil in that part of its cargo space14.
1 Merchant Shipping Act 1958 s 356B(a).
2 Merchant Shipping Act 1958 s 356B(b).
3 Merchant Shipping Act 1958 s 356B(c).
4 Merchant Shipping Act 1958 s 356B(d).
5 Merchant Shipping Act 1958 s 356B(e).
6 Merchant Shipping Act 1958 s 356B(f).
7 Merchant Shipping Act 1958 s 356B(g).
8 Merchant Shipping Act 1958 s 356B(h).
9 Merchant Shipping Act 1958 s 356B(i).
10 Merchant Shipping Act 1958 s 356B(j).
11 Merchant Shipping Act 1958 s 356B(k).
12 Merchant Shipping Act 1958 s 356B(l).
13 Merchant Shipping Act 1958 s 356B(m).
14 Merchant Shipping Act 1958 s 356B(n).

POLLUTION/B. OIL POLLUTION/(iii) Prevention and Containment of Pollution of Sea by Oil/(A)
Definitions/[135.155] Oil reception facilities at Indian ports
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[135.155] Oil reception facilities at Indian ports The powers of the port authority1 must include the power
to provide oil reception facilities, notwithstanding anything contained in any other law for the time being in
force, in respect of every port in India2. A port authority providing oil reception facilities or a person providing
such facilities by arrangement with the port authority, may charge for the use of the facilities at such rates
and may impose such conditions in respect of the use thereof as may be approved, by notification in the
official gazette, by the Central Government in respect of the port3. Where the Central Government is satisfied
that there are no oil reception facilities at any port in India or that the facilities available at such ports are not
adequate for enabling the ships calling at such ports to comply with the requirements of the Convention, the
Central Government may, after consultation with the port authority incharge of such port, direct such
authority to provide or arrange for the provision of such oil reception facilities, by order in writing, as may be
specified in the order4. The Central Government may, by notification in the official gazette, specify the ports
in India having oil reception facilities in accordance with the requirements of the Convention5.
1 'Port authority' means: (1) in relation to any major port, the Board of Trustees in respect of that port constituted under any law
for the time being in force (Merchant Shipping Act 1958 s 3561(4) explanation (a)); (2) in relation to any other port, the
Conservator of the Port, within the meaning of the Indian Ports Act 1908 s 7 (Merchant Shipping Act 1958 s 356I(4) explanation
(b)).
2 Merchant Shipping Act 1958 s 356I(1).

POLLUTION/B. OIL POLLUTION/(iii) Prevention and Containment of Pollution of Sea by Oil/(B) Prevention
of Pollution/[135.156] Generally
[135.156] Generally No oil or oily mixture must be discharged from an Indian tanker anywhere into the sea
or from a foreign tanker anywhere within the coastal waters of India, except where each of the following
conditions is satisfied, namely, the tanker is proceeding en-route1; the instantaneous rate of discharge of oil
content does not exceed sixty litres per mile2; the total quantity of oil discharged does not exceed 1/15,000
part of the total carrying capacity of the tanker3; the tanker is more than 50 miles from the nearest land4; and
the tanker is not within the designated areas notified as such under the Territorial Waters, Continental Shelf,
Exclusive Economic Zone and other Maritime Zones Act 19765. This statutory provision must not apply to the
discharge of ballast from a cargo tank which, since the cargo was last carried therein, has been so cleaned
that any effluents therefrom would, if discharged from a stationary tanker into clean calm waters on a clear
day, produce no visible traces of oil on the surface of the water6; or the discharge of oil or oily mixture from
machinery space bilges, if any such discharge is made in compliance7 as if it were made from a ship other
than a tanker8.
No oil or oily mixture must be discharged from an Indian ship other than a tanker anywhere into the sea or
from a foreign ship other than a tanker within the coastal waters of India, except where each of the following
conditions is satisfied, namely, the ship is proceeding en-route9; the instantaneous rate of discharge of oil
content does not exceed sixty litres per mile10; the oil content of the discharge is less than one hundred parts
per million parts of the oily mixture11; the discharge is made as far from the nearest land as practicable12;
and the ship is not within the designated areas notified as such under the Territorial Waters, Continental
Shelf, Exclusive Economic Zone and other Maritime Zones Act 197613. The discharge of oil or oily mixture
into the sea from any offshore installation is hereby prohibited14.
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1 Merchant Shipping Act 1958 s 356C(1)(a).
2 Merchant Shipping Act 1958 s 356C(1)(b).
3 Merchant Shipping Act 1958 s 356C(1)(c).
4 Merchant Shipping Act 1958 s 356C(1)(d).
5 Ie under the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act 1976 s 7(6):
Merchant Shipping Act 1958 s 356C(1)(e). See also [135.157].
6 Merchant Shipping Act 1958 s 356C(1) proviso (a).
7 Ie with the provisions of the Merchant Shipping Act 1958 s 356C(2).
8 Merchant Shipping Act 1958 s 356C(1) proviso (b).
9 Merchant Shipping Act 1958 s 356C(2)(a).
10 Merchant Shipping Act 1958 s 356C(2)(b).
11 Merchant Shipping Act 1958 s 356C(2)(c).
12 Merchant Shipping Act 1958 s 356C(2)(d).
13 Ie under the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act 1976 s 7(6):
Merchant Shipping Act 1958 s 356C(2)(e).
14 Merchant Shipping Act 1958 s 356C(3).

of Pollution/[135.157] Prohibition, when not to apply
[135.157] Prohibition, when not to apply The prohibition against discharge of oily mixture does not apply
to1:
(1) the discharge of oil or oily mixture from a ship or an off-shore installation for the purpose of:
(a) safety of such ship or off-shore installation2; or
(b) preventing damage to such ship or off-shore installation or cargo, if any, on board such
ship or offshore installation3; or
(c) saving life at sea4;
(2) the escape of oil or oily mixture resulting from damage to or unavoidable leakage from a ship
or an off-shore installation if, after occurrence of the leakage, all reasonable precautions have
been taken for the purpose of preventing or minimising such escape5;
(3) the discharge of oily mixture from the bilges of a ship during the period of twelve months
following the date on which this statutory provision comes into force6.
1 Ie given under the Merchant Shipping Act 1958 s 356C.
2 Merchant Shipping Act 1958 s 356D(a)(i).
3 Merchant Shipping Act 1958 s 356D(a)(ii).

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4 Merchant Shipping Act 1958 s 356D(a)(iii).
5 Merchant Shipping Act 1958 s 356D(b).
6 Merchant Shipping Act 1958 s 356D(c).

of Pollution/[135.158] Provisions, when to come into effect
[135.158] Provisions, when to come into effect The statutory provisions relating to the prevention and
containment of pollution of sea by oil must come into force on such date as the Central Government may
appoint by notification in the official gazette and different dates may be appointed for bringing different
provisions into effect1. These provisions must apply to tankers of one hundred and fifty gross tons or more2;
other ships of five hundred gross tons or more3; and off-shore installations4.
1 Merchant Shipping Act 1958 s 356A(1).
2 Merchant Shipping Act 1958 s 356A(2)(a).
3 Merchant Shipping Act 1958 s 356A(2)(b).
4 Merchant Shipping Act 1958 s 356A(2)(c).

of Pollution/[135.159] Equipment to prevent oil pollution
[135.159] Equipment to prevent oil pollution For the purpose of preventing or reducing the discharge of oil
and oily mixtures into the sea, the Central Government may make rules requiring an Indian ship to be fitted
with such equipment and to comply with such other requirements, including requirements from preventing
the escape of fuel oil or crude oil or heavy diesel oil into bilges, as may be prescribed1.
1 Merchant Shipping Act 1958 s 356E.

POLLUTION/B. OIL POLLUTION/(iii) Prevention and Containment of Pollution of Sea by Oil/(C) Inspection
and Control of Ships/[135.160] Inspection and control of ships to which the Geneva Convention applies
[135.160] Inspection and control of ships to which the Geneva Convention applies A surveyor or any
person authorised in this behalf may, at any reasonable time, go on board a ship to which any of the
provisions of the Geneva Convention on the Territorial Sea and the Contiguous Zone 1958 ('the Convention')
apply, for the purposes of ensuring that the prohibitions, restrictions and obligations imposed are complied
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with1, satisfying himself about the adequacy of the measures taken to prevent the escape of oil or oily
mixture from the ship2; ascertaining the circumstances relating to an alleged discharge of oil or oily mixture
from the ship in contravention of the relevant statutory provisions3; and inspecting the oil record book4. The
surveyor or any such person may, if necessary, make a true copy of any entry in the oil record book of the
ship, without unduly delaying the ship and may require the master of the ship to certify the copy to be a true
copy and such copy must be admissible as evidence of what is stated therein5.
1 Merchant Shipping Act 1958 s 356G(1)(a).
2 Merchant Shipping Act 1958 s 356G(1)(b).
3 Merchant Shipping Act 1958 s 356G(1)(c).
4 Merchant Shipping Act 1958 s 356G(1)(d).
5 Merchant Shipping Act 1958 s 356G(1)(2).

POLLUTION/B. OIL POLLUTION/(iii) Prevention and Containment of Pollution of Sea by Oil/(C) Inspection
and Control of Ships/[135.161] Contravention of the Geneva Convention
[135.161] Contravention of the Geneva Convention If, on report from a surveyor or other persons
authorised to inspect a vessel1, the Central Government is satisfied that any provision of the Geneva
Convention on the Territorial Sea and the Contiguous Zone 1958('the Convention') has been contravened
anywhere by a foreign ship, being a ship to which the provisions of the Convention apply, it must transmit
particulars of the alleged contravention to the government of the country to which the ship belongs2. On
receipt of information from the government of any country which has ratified the Convention that an Indian
ship has contravened any provisions of the Convention, the Central Government may, if it deems it
necessary so to do, request such government to furnish further details of the alleged contravention and if
satisfied that sufficient evidence is available to establish contravention of any of the provisions of this part or
rules made thereunder, take appropriate action against the owner or master and intimate the reporting
government of the action so taken3.
1 Ie under the Merchant Shipping Act 1958 s 356C.
2 Merchant Shipping Act 1958 s 356H(1).
3 Merchant Shipping Act 1958 s 356H(2).

POLLUTION/B. OIL POLLUTION/(iii) Prevention and Containment of Pollution of Sea by Oil/(D)
Records/[135.162] Oil record book
[135.162] Oil record book Every Indian tanker and every other Indian ship which used oil as fuel must
maintain on board the tanker or such other ship, an oil record book in the prescribed from1, provided that
different forms may be prescribed for tankers and other ships2. The manner in which the oil record book
must be maintained, the nature of entries to be made therein, the time and circumstances in which such
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entries must be made, the custody and disposal thereof and all other matters relating thereto must be such
as may be prescribed, having regard to the provisions of the Geneva Convention on the Territorial Sea and
the Contiguous Zone 1958 ('the Convention')3.
1 Merchant Shipping Act 1958 s 356F(1).
2 Merchant Shipping Act 1958 s 356F proviso.
3 Merchant Shipping Act 1958 s 356F(2).

POLLUTION/B. OIL POLLUTION/(iii) Prevention and Containment of Pollution of Sea by Oil/(E) Containment
of Accidental Pollution/[135.163] Notice to owners of polluting ships
[135.163] Notice to owners of polluting ships Where the Central Government is satisfied that:
(1) oil is escaping or is likely to escape from a tanker, a ship other than a tanker or any off-shore
installation1; and
(2) the oil escaped or likely to escape is causing or threatens to cause pollution of any part of the
coasts or coastal waters of India2, it may, for the purpose of minimising the pollution already
caused or for preventing the pollution threatened to be caused, require3:
(a) the owner, agent, master or charterer of the tanker4;
(b) the owner, agent, master or charterer of the ship other than a tanker5;
(c) the owner, agent, master, charterer or operator of a mobile offshore installation6;
(d) the owner, operator, lessee or licensee of off-shore installation of any other type7,
or all or any of them, by notice served on him or on them, as the case may be, to take
such action in relation to the tanker, ship other than a tanker, mobile off-shore
installation or as the case may be, off-shore installation of any other type or its cargo or
in relation to both, as may be specified in such notice8.
The notice issued under such statutory provision may require the person or persons on whom such notice is
served to take action relating to any or all of the following matters, namely9:
(i) action for preventing the escape of oil from the tanker, ship other than a tanker, mobile
off-shore installation or off-shore installation of any other type10;
(ii) action for removing oil from the tanker, ship other than a tanker, mobile off-shore installation
or off-shore installation of any other type in such manner, if any, and to such place, if any, as
may be specified in the notice11:
(iii) action for removal of the tanker, ship other than a tanker, mobile off-shore installation or
off-shore installation of any other type to a place, if any, as may be specified in the notice12;
(iv) action for removal of the oil slicks on the surface of the sea in such manner, if any, as may be
specified in the notice13;
(v) action to disperse the oil slicks on the surface of the sea in such manner, if any, as may be
specified in the notice14.
The Central Government may, by any notice issued15, prohibit the removal of the tanker, ship other than a
tanker, mobile off-shore installation or off-shore installation of any other type, from a place specified in the
notice16; from the tanker, ship other than a tanker, mobile off-shore installation of off-shore installation of any
other type, of any cargo or sores as may be specified in the notice17, except with its previous permission and
upon such conditions, if any, as may be specified in the notice18. The Central Government may19, if it is of
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the opinion that the pollution caused or likely to be caused has or may present a grave emergency and
proceed to take such measures as may be deemed necessary and any measures, so taken, must be
deemed to have been taken20.
1 Merchant Shipping Act 1958 s 356J(1)(a).
2 Merchant Shipping Act 1958 s 356J(1)(b).
3 Merchant Shipping Act 1958 s 356J(1).
4 Merchant Shipping Act 1958 s 356J(1)(i).
5 Merchant Shipping Act 1958 s 356J(1)(ii).
6 Merchant Shipping Act 1958 s 356J(1)(iii).
7 Merchant Shipping Act 1958 s 356J(1)(iv).
9 This is without prejudice to the generality of the Merchant Shipping Act 1958 s 356J(1): s 356J(2).
12 Merchant Shipping Act 1958 s 356J(2)(c).
13 Merchant Shipping Act 1958 s 356J(2)(d).
14 Merchant Shipping Act 1958 s 356J(2)(e).
15 Ie issued under the Merchant Shipping Act 1958 s 356J(1).
19 Notwithstanding anything contained in the Merchant Shipping Act 1958 s 356J(2).
20 Ie taken under the Merchant Shipping Act 1958 s 356K: s 356J(4).

of Accidental Pollution/[135.164] Measures for preventing or containing oil pollution
[135.164] Measures for preventing or containing oil pollution Where any person fails to comply, or fails
to comply in part, with any notice served on him1, the Central Government may, whether or not such person
is convicted of an offence under this Part by reason of his having so failed to comply, cause such action to
be taken as it may deem necessary for: (1) carrying out the directives given in the notice issued2; and (2)
containing the pollution already caused or preventing the pollution threatened to be caused, of coastal waters
or, as the case may be, of any part of the coast of India by oil escaped or threatening to escape from the
tanker, a ship other than a tanker, a mobile off-shore installation of off-shore installation of any other type3.
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Any expenditure or liability incurred by the Central Government4, in or by reason of the exercise of powers5
in relation to any tanker, ship other than a tanker, mobile off-shore installation or off-shore installation of any
other type in respect of which a notice had been issued6, or its cargo of oil that had escaped or was
discharged into the sea, must be a debt due to the Central Government by the person or persons on whom
the notice was served and may be recovered from that person, or as the case may be, from all or any of
those persons and must be a charge upon all or any tanker, ship other than a tanker, mobile off-shore
installation or off-shore installation of any other type owned by that person or persons which may be detained
by the Central Government until the amount is paid7.
1 Ie under the Merchant Shipping Act 1958 s 356J.
2 Merchant Shipping Act 1958 s 356K(1)(i).
3 Merchant Shipping Act 1958 s 356K(1)(ii).
4 Ie subject to the provisions of the Merchant Shipping Act 1958 Pt 10B.
5 Ie under the Merchant Shipping Act 1958 s 356K(1).
6 Ie under the Merchant Shipping Act 1958 s 356J.
7 Merchant Shipping Act 1958 s 356K(2). This is subject to the provisions of the Merchant Shipping Act 1958 Pt 10B not
applying to measures taken in respect of any off-shore installation which is not a ship within the meaning of this Act except that
in the event of pollution damage caused by any such off-shore installation, the person who is liable for the damage may claim
exoneration from any liability if he proves that such damage: (1) resulted from an act of war, hostilities, civil war, insurrection or
a natural phenomenon of an exceptional, inevitable and irresistible character (Merchant Shipping Act 1958 s 356K(2) proviso
(a)); or (2) was wholly caused by an act or omission done with intent to cause that damage by any other person (Merchant
Shipping Act 1958 s 356K(2) proviso (b)); or (3) was wholly caused by negligence or other wrongful act of any government or
other authority responsible for the maintenance of lights or other navigational aids in exercise of its functions in that behalf
(Merchant Shipping Act 1958 s 356K(2) proviso (c)).

of Accidental Pollution/[135.165] Issue of directions for rendering service
[135.165] Issue of directions for rendering service Where for the purposes of taking any measures1,
services of any Indian ship become necessary for: (1) lightening or transporting any cargo or equipment from
or to the polluting ship2; or (2) providing any assistance to any other ship or equipment engaged in rendering
services3, the Central Government may, if it deems it necessary so to do, direct, by an order in writing, the
owner of any Indian ship, tug, barge or any other equipment to provide such services or assistance as may
be specified in that order4. The owner of any ship, tug, barge or any other equipment with respect to which
an order has been made must be entitled to tariff rates of freight and charter hire at reasonable rates having
regard to current market conditions5. However, where tariff rates of freight are not fixed or where there is any
dispute about the reasonable rate of charter hire, the freight or as the case may be, charter hire, must be
paid at such rates as may be fixed by the Director-General by an order in writing6. Where the
Director-General makes any order7 fixing rates of freight or charter hire, he must determine the reasonability
of such rates of freight or charter hire by examining such witnesses, documents and accounts, as he may
deem necessary8.
1 Ie under the Merchant Shipping Act 1958 s 356K(1).
2 Merchant Shipping Act 1958 s 356L(1)(i).
3 Ie under the Merchant Shipping Act 1958 s 356L(1)(i): s 356L(1)(ii).

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4 Merchant Shipping Act 1958 s 356L(1).
6 Merchant Shipping Act 1958 s 356L(2) proviso.
7 See note 5 above.

POLLUTION/B. OIL POLLUTION/(iv) Civil Liability/(A) Generally/[135.166] Liability of owner
[135.166] Liability of owner The owner at the time of the incident or where the incident consists of a series
of occurrences, at the time of such occurrences, is liable for any pollution damage caused by oil which has
escaped or been discharged from the ship as a result of the incident1. No liability for pollution damage must
attach to the owner, if he proves that the pollution damage resulted from an act of war, hostilities, civil war,
insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character2; or was wholly
caused by an act or omission done with intent to cause such damage by any other person3; or was wholly
caused by the negligence or other wrongful act of any government or other authority responsible for the
maintenance of lights or other navigational aids in exercise of its functions in that behalf4. Where, with
respect to any incident, the owner proves that the pollution damage resulted, either wholly or partially, from
an act or omission of the person who suffered damage or from the negligence of that person and the act or
omission was done with intent to cause such damage, the owner must be exonerated wholly or partially as
the case may be, from liability to that person5. Where in any incident, pollution damage results from the
escape or discharge of oil from two or more ships, the owners of all such ships must be jointly and severally
liable for all such damage which is not reasonably separable6. No claim for pollution damage must be made
against any owner otherwise than in accordance with the relevant statutory provisions7. No claim for pollution
damage must be made against any servant or agent of the owner8.
2 Merchant Shipping Act 1958 s 352I(2)(a).
3 Merchant Shipping Act 1958 s 352I(2)(b).
4 Merchant Shipping Act 1958 s 352I(2)(c).

POLLUTION/B. OIL POLLUTION/(iv) Civil Liability/(B) Limitation/[135.167] Limitation of liability
[135.167] Limitation of liability The owner may limit his liability in respect of any incident to an aggregate
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amount of one hundred and thirty-three special drawing rights1 for each ton of the ship's tonnage2; or
fourteen million special drawing rights, whichever is lower3. Where any incident causing pollution damage
occurs as a result of the actual fault of the owner, he must not be entitled to limit his liability4.
1 'Special Drawing Rights' ('SDR') was created by the International Monetary Fund ('IMF') in 1969 as an international reserve
asset. It is valued on the basis of a basket of key national currencies and serves as the unit of account of the IMF and a number
of other international organisations. The basket is reviewed every five years to ensure that the currencies included are
representative of those used in international transactions and that the weights assigned to them reflect their relative importance
in the world's trading and financial systems. The value of the SDR in US dollar terms is calculated daily as the sum of the values
in US dollars of the specific amounts of the four currencies (namely, US dollar, Euro, Japanese yen, and Pound sterling), based
on exchange rates quoted at noon at the London market. The value of the SDR is posted daily on IMF's website (www.imf.org):
http://www.info.gov.hk/hkma/ gdbook/eng/s/sdr.htm.
Merchant Shipping Act 1958 s 352J(1)(a).
Under the Merchant Shipping Act 1958 s 352H(f) 'tonnage' means the tonnage of a ship determined in accordance with the
provisions of s 352B and where it is not so determinable, it means forty per cent of the weight in tons of oil cargo the ship is
capable of carrying.

POLLUTION/B. OIL POLLUTION/(iv) Civil Liability/(B) Limitation/[135.168] Constitution of limitation fund
[135.168] Constitution of limitation fund Any owner desiring to avail of the benefit of limitation of his
liability must make an application to the high court for constitution of a limitation fund1. Such fund may be
constituted either by depositing the sum with the high court or by furnishing bank guarantee or such other
security as, in the opinion of the high court, is satisfactory2. The insurer or any other person providing
financial security to the owner may apply to the high court for constitution of the fund3 and any fund so
constituted must have the same effect as if it were constituted by the owner4. Such fund may be constituted
even in cases where the owner has caused the pollution damage5 but in any such event, constitution of the
fund must not prejudice the rights of any claimant against the owner for full compensation exceeding the
amount deposited or secured in the fund6. The amount in special drawing rights to be deposited or secured
in the fund7 must be converted in rupees on the basis of on official value in rupees of the special drawing
rights as determined by the Reserve Bank of India on the date of constitution of the fund8.
1 Merchant Shipping Act 1958 s 352K(1)(a).
2 Merchant Shipping Act 1958 s 352K(1)(b).
3 Ie fund set up under the Merchant Shipping Act 1958 s 352K(1) (see notes 1 and 2 above).
4 Merchant Shipping Act 1958 s 352K(2)(a).
5 See the Merchant Shipping Act 1958 s 352J(2) (see [135.167]).
6 Merchant Shipping Act 1958 s 352K(2)(b).
7 Ie under the Merchant Shipping Act 1958 s 352K(2)(1).
8 Merchant Shipping Act 1958 s 352K(3).

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POLLUTION/B. OIL POLLUTION/(iv) Civil Liability/(C) Compensation/[135.169] Compensation by
subrogation
[135.169] Compensation by subrogation Where the owner or any of his servants or agents or any other
person providing him insurance or other financial security has, as a result of the incident in question, paid
any compensation to any claimant, such person must be entitled to acquire, upto the amount so paid by him,
by subrogation the rights to which the claimant so compensated would be entitled to1. Where the owner or
any other person providing him insurance or other financial security establishes that he may, at a later date,
be compelled to pay to any person, in whole or in part, any amount by way of compensation for pollution
damage caused by the incident with respect to which he would have been entitled to acquire, by subrogation,
the right of the claimant had the compensation been paid before the fund was distributed, the high court may
order that sufficient amount from the fund may provisionally be set aside to enable the owner or such other
person to enforce his claim against the fund at a later date2.

POLLUTION/B. OIL POLLUTION/(iv) Civil Liability/(C) Compensation/[135.170] Consolidation of claim and
distribution of fund
[135.170] Consolidation of claim and distribution of fund The high court must consolidate all claims
against the fund including those compensatory rights acquired by subrogation1. Any claim in respect of
expenses reasonably incurred or sacrifices reasonably made by the owner voluntarily to prevent or minimise
pollution damage must rank equally with other claims against the fund2. The high court must distribute the
amount in the fund3 among all claimants in proportion to their established claims4.
1 See the Merchant Shipping Act 1958 s 352L (see [135.169]): s 352M(1).
2 Merchant Shipping Act 1958 s 352M(2).
3 Subject to the Merchant Shipping Act 1958 s 352L(2),

POLLUTION/B. OIL POLLUTION/(iv) Civil Liability/(D) Insurance/[135.171] Compulsory insurance or other
financial guarantee
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[135.171] Compulsory insurance or other financial guarantee The owner of every Indian ship which
carries 2,000 tons or more oil in bulk as cargo must, in respect of such ship, maintain an insurance or other
financial security for an amount equivalent to one hundred and thirty-three Special Drawing Rights for each
ton of the ship's tonnage1; or fourteen million Special Drawing Rights; whichever is lower2. In respect of
every Indian ship which maintains insurance or other financial security3, there must be issued by the
Director-General a certificate in such form and giving such particulars as may be prescribed4. On an
application by the owner or agent of any foreign ship, the Director-General may issue a certificate5 in respect
of such foreign ship on production of satisfactory evidence relating to maintenance of insurance or other
financial security in accordance with the statutory provisions of the International Convention on Civil Liability
for Oil Pollution Damage signed at Brussels on 29 November 1969 as amended from time to time6. For every
certificate issued7 they must be charged such fee, as may be prescribed8.
1 Merchant Shipping Act 1958 s 352N(1)(a).
2 Merchant Shipping Act 1958 s 352N(1)(b).
3 Ie under the Merchant Shipping Act 1958 s 352N(1).
4 Merchant Shipping Act 1958 s 352N(2).
7 Ie under the Merchant Shipping Act 1958 ss 352N(2)and(3).

POLLUTION/B. OIL POLLUTION/(iv) Civil Liability/(E) Certificates/[135.172] Acceptance of certificates
issued outside India
[135.172] Acceptance of certificates issued outside India Any certificate issued by a experienced
authority in any country outside India to a ship registered in that country or any certificate issued by a
competent authority of any country which is a contracting party to the International Convention of Civil
Liability for Oil Pollution Damage signed at Brussels on 29 November 1969 as amended from time to time to
any ship, wherever registered, must be accepted at any port or place in India as if it were issued under this
Act1.
1 Merchant Shipping Act 1958 s 3520.

POLLUTION/B. OIL POLLUTION/(iv) Civil Liability/(E) Certificates/[135.173] Central Government's power to
make rules
[135.173] Central Government's power to make rules The Central Government may make rules
prescribing the form of certificate to be issued by the Director-General1 and the particulars which it may
contain2; fees which may be charged for issue of certificates3.
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2 Merchant Shipping Act 1958 s 352R(a).
3 Ie under the Merchant Shipping Act 1958 under s 352N: s 352R(b).

POLLUTION/B. OIL POLLUTION/(iv) Civil Liability/(E) Certificates/[135.174] Ban on entering or leaving
[135.174] Ban on entering or leaving Indian ports without certificates No Indian ship, which has on board
2000 tons or more oil in bulk as cargo must enter or leave or attempt to enter or leave any port or place in
India, unless it carries a certificate issued1 or a certificate accepted2 on board3. No ship other than an Indian
ship carrying 2,000 tons or more oil in bulk as cargo, wherever registered, must enter or leave or attempt to
enter or leave any port or place in India unless it carries a certificate issued4 or a certificate accepted5 on
board6. No customs officer must grant inward entry or outward clearance to any ship7, unless its master
produces the required certificate8.
2 Ie under the Merchant Shipping Act 1958 s 3520.
3 Merchant Shipping Act 1958 s 352P(1).
5 Ie under the Merchant Shipping Act 1958 s 3520.
7 Ie to which the Merchant Shipping Act 1958 ss 352P(1)and(2) apply.

POLLUTION/B. OIL POLLUTION/(v) Criminal liability/[135.175] Penalties
[135.175] Penalties Any person who contravenes or fails to comply with any provision of the Merchant
Shipping Act 1958 which he was under a duty to comply with, is guilty of an offence1 and if in respect of any
such offence, no penalty is specially provided, he must be punishable with fine which may extend to Rs 2002.
1 The list of offences and penalties prescribed for the same have been discussed in the Merchant Shipping Act 1958 s 436(2)
Table item nos 115B-115G.
2 Merchant Shipping Act 1958 s 436(1).

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POLLUTION/B. OIL POLLUTION/(vi) Oil Pollution Cess/[135.176] Generally
[135.176] Generally With effect from such date as the Central Government may specify by notification in the
official gazette, a cess must be levied on every ship calling at any port in India being a ship which carries oil
as cargo, to be called oil pollution cess, hereafter referred to as 'cess', at such rate not exceeding fifty paise:
(1) in respect of each tonne of oil imported by a ship into India in bulk as cargo1; and (2) in respect of each
tonne of oil shipped from any place in India in bulk as cargo of a ship2, as the Central Government may, by
notification fix in the official gazette3. This is provided that no cess must be levied on a ship at any port if the
ship produces evidence of having paid such levy at the same or any other port in India within a period of
three months immediately preceding its present call at the port4. The cess must be collected by such officers
and in such manner as the Central Government may prescribe in this behalf and must, after deduction of
such costs of collection, if any, as the Central Government may determine, be paid to such authority as the
Central Government may specify5. The proceeds of the cess must, after due appropriation made by
Parliament by law, be utilised for the purpose of providing oil reception facilities and equipments and
materials for combating oil pollution at various ports in India and for such other like purposes as the Central
Government may specify, by notification in the official gazette, from time to time6.
1 Merchant Shipping Act 1958 s 356M(1)(a).
2 Merchant Shipping Act 1958 s 356M(1)(b).
4 Merchant Shipping Act 1958 s 356M(1) proviso.

POLLUTION/B. OIL POLLUTION/(vi) Oil Pollution Cess/[135.177] Refusal of port clearance
[135.177] Refusal of port clearance. The officer whose duty is to grant a port clearance for any ship must
not grant port clearance until the amount of cess payable1 has been paid or until security for the payment
thereof has been given to his satisfaction2.
1 Ie under the Merchant Shipping Act 1958 s 356M.
2 Merchant Shipping Act 1958 s 356N.

(Environment; Misrepresentation and Fraud)/[135] ENVIRONMENT/5. WATER POLLUTION/(3) POLLUTION
OF OTHER WATER BODIES/[135.178] Lakes
[135.178] Lakes There is no specific environmental legislation to protect fresh water lakes; the courts have
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issued protective directions in public interest litigations. In order to prevent environmental degradation
around lakes, it may be necessary to limit construction activity, prohibit mining operations and restrict
recreation and tourism1. Preventive measures to protect lakes are required to be taken keeping in view the
carrying capacity of the ecosystem operating in the surrounding area2. Where severe environmental
degradation around Nainital Lake was noticed, the court issued remedial directions to prevent further
despoliation and to improve the environment3.
[LNIND 2001 SC 596] [LNIND 2001 SC 596] at 720, M C Mehta v Union of India M C Mehta v Union of India M C Mehta v
Union of India (1996) 7 Scale 579, M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India (1997)
1 UJ 13.
2 See note 1 above.
3 Ajay Singh Rawat v Union of India Ajay Singh Rawat v Union of India Ajay Singh Rawat v Union of India (1995) 3 SCC 266
[LNIND 1995 SC 360] [LNIND 1995 SC 360] [LNIND 1995 SC 360], Ajay Singh Rawat v Union of India Ajay Singh Rawat v
Union of India Ajay Singh Rawat v Union of India (1995) 3 SCJ 245, Ajay Singh Rawat v Union of India Ajay Singh Rawat v
Union of India Ajay Singh Rawat v Union of India (1995) 2 Scale 236.

(Environment; Misrepresentation and Fraud)/[135] ENVIRONMENT/5. WATER POLLUTION/(3) POLLUTION
OF OTHER WATER BODIES/[135.179] Groundwater
[135.179] Groundwater The Central Government has been directed to constitute the Central Ground Water
Board as a statutory authority under the Environment (Protection) Act 19861 having regard to the depleting
ground water levels, dwindling surface water resources and the deterioration in surface and ground water
quality, with the power to issue appropriate directions2 and take penal action3.
Since the exploitation of ground water has an impact on a person's fundamental right to life4, his right to dig
bore wells cannot be restricted by an executive fiat. This right may be restricted or regulated by an Act of the
legislature5. A scheme to pump out ground water on the Lakshadweep Islands that threatened to cause
saline intrusions in the fresh water table was enjoined until the scheme was reviewed and modified by the
Central Government6. Deep underground water belongs to the state and the doctrine of public extends to
this resource7. The holder of land has a right to use underground water but he cannot pollute the water and
cause damage to neighbouring agricultural fields8.
There is no national statute regulating ground water resources. Andhra Pradesh has introduced a licensing
system to protect ground water resources in the state9. In Andhra Pradesh, a person may sink a well in the
vicinity of a public drinking water source only after being permitted by the designated authority. The authority
is required to obtain the advise of a geologist in the state ground water department before issuing the
licence10.
Where water drawn from hand pumps sunk by the state contained excessive fluoride which caused bone
diseases, deformities and dental fluorosis, the state was directed to extend free medical treatment and
compensation to the affected persons11.
1 Environment (Protection) Act 1983 s 3(3).
2 Environment (Protection) Act 1983 s 5.
3 M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India (1997) 11 SCC 312. Environment
(Protection) Act 1986 ss 15-21.

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5 Puttappa Honnappa Talvar v Deputy Commissioner, Dharwar Puttappa Honnappa Talvar v Deputy Commissioner, Dharwar
Puttappa Honnappa Talvar v Deputy Commissioner, Dharwar AIR 1998 Kant 10 [LNIND 1997 KANT 68] [LNIND 1997 KANT
68] [LNIND 1997 KANT 68]at 11, Puttappa Honnappa Talvar v Deputy Commissioner, Dharwar Puttappa Honnappa Talvar v
Deputy Commissioner, Dharwar Puttappa Honnappa Talvar v Deputy Commissioner, Dharwar (1997) 3 Kant LJ 216.
6 Attakoya Thangal v Union of India Attakoya Thangal v Union of India Attakoya Thangal v Union of India (1990) 1 Ker LT 580.
7 See [135.186].
8 Madireddy Padma Rambabu v District Forest Officer, EG District Madireddy Padma Rambabu v District Forest Officer, EG
District Madireddy Padma Rambabu v District Forest Officer, EG District AIR 2002 AP 256 [LNIND 2001 AP 735] [LNIND 2001
AP 735] [LNIND 2001 AP 735]at 267.
9 Andhra Pradesh Ground Water (Regulation for Drinking Water Purposes) Act 1996.
10 Andhra Pradesh Ground Water (Regulation for Drinking Water Purposes) Act 1996 s 3.
11 Hamid Khan v State of Madhya Pradesh Hamid Khan v State of Madhya Pradesh Hamid Khan v State of Madhya Pradesh
AIR 1997 MP 191 at 194, Hamid Khan v State of Madhya Pradesh Hamid Khan v State of Madhya Pradesh Hamid Khan v
State of Madhya Pradesh (1997) 1 Jab LJ 308, Hamid Khan v State of Madhya Pradesh Hamid Khan v State of Madhya
Pradesh Hamid Khan v State of Madhya Pradesh (1997) 1 MP LJ 587.

(Environment; Misrepresentation and Fraud)/[135] ENVIRONMENT/5. WATER POLLUTION/(4) WATER
POLLUTION AND PUBLIC INTEREST LITIGATION/[135.180] Generally
[135.180] Generally In exercise of their constitutional writ jurisdiction, the Supreme Court of India1 and the
high courts2 have issued directions to prevent water pollution and to restore water quality. These orders have
been passed in public interest litigations filed by concerned citizens and non-governmental organisations that
have complained to the court about inaction on the part of the pollution control boards to protect water
resources. Where government agencies are found to have completely abdicated their authority or have failed
to discharge their duties under environmental laws, a court is obliged to issue appropriate directions that
would result in protection of the environment3. The court must examine a complaint of unabated pollution
where the effluents are damaging the environment. In such a case it is inappropriate to dispose the writ
petition merely on the consent of the board4.
Environmental issues raised in public interest litigations are as important as human rights concerns and both
may be traced to the fundamental right to life and liberty5. While environmental aspects concern a person's
life', human rights aspects concern his liberty'6 The court has overseen measures to restore areas damaged
by industrial pollution and the payment of compensation to affected farmers on the polluter pays principle7.
Public interest litigations have resulted in the closure of polluting units, the relocation of industry away from
rivers, recovery of compensation from polluters and protective directions in favour of workers employed by
the polluting industry8. Independent agencies may be appointed to report to the court on the adequacy of
pollution control devices installed by an industry, the damage caused by water pollution and the cost of
restitution9. Polluting industries that disobey closure orders passed by the court are liable to pay large fines
and the directors of the companies are liable to be imprisoned10.
Where polluters have refused to establish effluent treatment plans, the courts have directed the closure of
the polluting units11.
The Supreme Court has issued directions against polluters discharging effluents and untreated sewage into
the Ganga12, the Yamuna13, the Cauvery14, the Bhavani15 and into lakes16. The Supreme Court has also
endeavoured to prevent environmental degradation around the Beas river17 and to restore minimum flow of
water in the Yamuna18.
The Gujarat High Court has issued directions to prevent pollution of the Sabarmati19 and Tapi rivers20.
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Where a paper mill was found to commence manufacturing operations without meeting the trade effluent
norms, the company was directed to deposit substantial amounts in the court registry21.
3 Bhavani River-Sakthi Sugar Ltd In Re Bhavani River-Sakthi Sugar Ltd In Re Bhavani River-Sakthi Sugar Ltd In Re AIR 1998
SC 2059 [LNIND 1998 SC 1232] [LNIND 1998 SC 1232] [LNIND 1998 SC 1232], Bhavani River-Sakthi Sugar Ltd In Re
Bhavani River-Sakthi Sugar Ltd In Re Bhavani River-Sakthi Sugar Ltd In Re (1998) 2 SCC 601 [LNIND 1998 SC 1232] [LNIND
1998 SC 1232] [LNIND 1998 SC 1232] at 603, Bhavani River-Sakthi Sugar Ltd In Re Bhavani River-Sakthi Sugar Ltd In Re
Bhavani River-Sakthi Sugar Ltd In Re (1998) 1 SCJ 203.
4 Bhavani River-Sakti Sugars Ltd In Re Bhavani River-Sakti Sugars Ltd In Re Bhavani River-Sakti Sugars Ltd In Re AIR 1998
SC 2578, Bhavani River-Sakti Sugars Ltd In Re Bhavani River-Sakti Sugars Ltd In Re Bhavani River-Sakti Sugars Ltd In Re
(1998) 6 SCC 335, Bhavani River-Sakti Sugars Ltd In Re Bhavani River-Sakti Sugars Ltd In Re Bhavani River-Sakti Sugars Ltd
In Re (1998) 4 Scale 322.
6 Andhra Pradesh Pollution Control Board v M V Nayudu Andhra Pradesh Pollution Control Board v M V Nayudu Andhra
812 [LNIND 1999 SC 65] [LNIND 1999 SC 65] [LNIND 1999 SC 65]at 820, Andhra Pradesh Pollution Control Board v M V
Nayudu Andhra Pradesh Pollution Control Board v M V Nayudu Andhra Pradesh Pollution Control Board v M V Nayudu (1999)
2 SCC 718 [LNIND 1999 SC 65] [LNIND 1999 SC 65] [LNIND 1999 SC 65].
for Enviro-Legal Action v Union of India (1996) 5 Scale 412; Indian Council for Enviro-Legal Action v Union of India Indian
Council for Enviro-Legal Action v Union of India Indian Council for Enviro-Legal Action v Union of India (1998) 1 Scale 5 [LNIND
1997 SC 1599] [LNIND 1997 SC 1599] [LNIND 1997 SC 1599] (SP); Indian Council for Enviro-Legal Action v Union of India
Indian Council for Enviro-Legal Action v Union of India Indian Council for Enviro-Legal Action v Union of India (1999) 4 Scale
331. See [135.185].
Union of India (1996) Scale 397, M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India (1997) 1
JT 221.
10 Suo Motu v Bhavna Textile Pvt Ltd Suo Motu v Bhavna Textile Pvt Ltd Suo Motu v Bhavna Textile Pvt Ltd (1997) 2 Guj LH
760 at 766.
Forum v Union of India (1995) 5 Scale 592.
663] [LNIND 1987 SC 663] [LNIND 1987 SC 663], M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union
Mehta v Union of India M C Mehta v Union of India (1987) 4 JT 630; M C Mehta v Union of India M C Mehta v Union of India M
C Mehta v Union of India AIR 1988 SC 1115 [LNIND 1988 SC 14] [LNIND 1988 SC 14] [LNIND 1988 SC 14], M C Mehta v
Union of India M C Mehta v Union of India M C Mehta v Union of India (1988) 1 SCC 471 [LNIND 1988 SC 14] [LNIND 1988 SC
14] [LNIND 1988 SC 14], M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India (1988) 1 JT 69;
M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India (1997) 2 SCC 411 [LNIND 1996 SC 2190]
India (1996) Scale 397, M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India (1997) 1 JT 221.
13 News Item 'Hindustan Times' AQFM Yamuna v Central Pollution Control Board News Item 'Hindustan Times' AQFM
Yamuna v Central Pollution Control Board News Item 'Hindustan Times' AQFM Yamuna v Central Pollution Control Board
(1999) 5 Scale 418; News Item 'Hindustan Times' AQFM Yamuna v Central Pollution Control Board News Item 'Hindustan
Times' AQFM Yamuna v Central Pollution Control Board News Item 'Hindustan Times' AQFM Yamuna v Central Pollution
Control Board (2001) 1 Scale 421; News Item 'Hindustan Times' AQFM Yamuna v Central Pollution Control Board News Item
'Hindustan Times' AQFM Yamuna v Central Pollution Control Board News Item 'Hindustan Times' AQFM Yamuna v Central
130130
Page
Pollution Control Board (2001) 8 Scale 323; News Item 'Hindustan Times' AQFM Yamuna v Central Pollution Control Board
News Item 'Hindustan Times' AQFM Yamuna v Central Pollution Control Board News Item 'Hindustan Times' AQFM Yamuna v
Central Pollution Control Board (2000) 10 SCC 587.
Forum v Union of India AIR 1996 SC 2715 [LNIND 1996 SC 1344] [LNIND 1996 SC 1344] [LNIND 1996 SC 1344], Vellore
Union of India (1996) 5 SCC 647 [LNIND 1996 SC 1344] [LNIND 1996 SC 1344] [LNIND 1996 SC 1344], Vellore Citizens'
India (1996) 6 Scale 194.
15 Bhavani River-Sakthi Sugars Ltd In Re Bhavani River-Sakthi Sugars Ltd In Re Bhavani River-Sakthi Sugars Ltd In Re AIR
1998 SC 2059 [LNIND 1998 SC 1232] [LNIND 1998 SC 1232] [LNIND 1998 SC 1232], Bhavani River-Sakthi Sugars Ltd In Re
Bhavani River-Sakthi Sugars Ltd In Re Bhavani River-Sakthi Sugars Ltd In Re (1998) 2 SCC 601 [LNIND 1998 SC 1232]
[LNIND 1998 SC 1232] [LNIND 1998 SC 1232] at 603, Bhavani River-Sakthi Sugars Ltd In Re Bhavani River-Sakthi Sugars Ltd
In Re Bhavani River-Sakthi Sugars Ltd In Re (1998) 1 SCJ 203.
16 See [135.178].
[LNIND 1996 SC 2131] [LNIND 1996 SC 2131].
18 Comdr Sureshwar D Sinha v Union of India Comdr Sureshwar D Sinha v Union of India Comdr Sureshwar D Sinha v Union
of India (1996) 4 Scale 55 (SP); Comdr Sureshwar D Sinha v Union of India Comdr Sureshwar D Sinha v Union of India Comdr
Sureshwar D Sinha v Union of India (2000) 5 Scale 122; Comdr-Suresh war D Sinha v Union of India Comdr-Suresh war D
Sinha v Union of India Comdr-Suresh war D Sinha v Union of India (2000) 8 SCC 368.
20 Taruben Suklal Gamit v Central Pulp Mills Ltd Taruben Suklal Gamit v Central Pulp Mills Ltd Taruben Suklal Gamit v Central
Pulp Mills Ltd (1997) 2 Guj LH 1007.

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(Environment; Misrepresentation and Fraud)/[135] ENVIRONMENT/6. ENVIRONMENTAL PROTECTION/(1)
INTRODUCTION/[135.181] Legislation
[135.181] Legislation The law to protect the environment in India has grown rapidly after the Bhopal gas
leak disaster of December 19841. The body of law has expanded primarily through the articulation of legal
principles by the Supreme Court2 and a wide range of rules, regulations and notifications issued under the
Environment (Protection) Act 19863. While statutes in specific fields such as forest conservation4, wild life
protection5, water pollution6 and air pollution7 preceded the Environment (Protection) Act 1986, this Act
empowered the Central Government to comprehensively deal with all facets of any environmental problem.
The wide scope of the Environment (Protection) Act 1986 has resulted in an overlap of authority and
jurisdiction in fields that were regulated by previous statutes8. The Environment (Protection) Act 1986 is an
enabling statute, generally defining the essential legislative policy of environmental protection and then
delegating task of framing appropriate regulations, policies and programmes to attain the statutory object to
the federal executive. A vast body of subordinate legislation has been framed under the Environment
(Protection) Act 1986 covering subjects such as emission norms and effluent standards9 as well as hitherto
unregulated fields such as hazardous substance regulation10, coastal protection11, environment impact
assessment12, prevention of noise pollution13, protection of ecosensitive areas14, regulation of garbage
disposal15 and restrictions on the use of plastic bags16.
1 On 3 December 1984, 40 tonnes of highly toxic Methyl Isocyanate (MIC) escaped from Union Carbide's chemical plant in
Bhopal in the worst industrial accident in history: see generally Shyam Divan and Armin Rosencranz Environmental Law and
Policy in India (2nd Edn).
2 As to the legal principles articulated by the Supreme Court see [135.182]- [135.187].
3 As to Environment Protection Act 1956 see [135.188] and following.
4 As to Forest (Conservation) Act 1980 see [135.425]-[135.431].
5 As to Wild life (Protection) Act 1972 see [135.432] and following.
6 As to the Water (Prevention and Control of Pollution) Act 1974 see [135.076] and following.
7 As to the Air (Prevention and Control of Pollution) Act 1981 see [135.021] and following.
8 For eg the Air (Prevention and Control of Pollution) Act 1981 and the Water (Prevention and Control of Pollution) Act 1974.
9 As to the subordinate legislations framed under the Environment Protection Act 1986 see [135.215] and following.
10 As to hazardous substances see [135.215] and following.
11 As to coastal protection see [135.237]-[135.245] and following.
12 As to environment impact assessment see [135.246] and following.
13 As to noise pollution see [135.250]-[135.253] and following.
14 As to eco-sensitive areas see [135.238].
15 As to garbage disposal see [135.235].
16 See [135.255].

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Page 2

GENERAL PRINCIPLES/[135.182] Judicial principles and public interest litigation
[135.182] Judicial principles and public interest litigation The Supreme Court has built on the
constitutional mandate to protect the environment1 by deriving and laying down principles to guide
environmental decision making2. The court has emphasised the need for sustainable development and
required administrators to strike an appropriate balance between development activity and protection of the
environment3. Chief amongst the principles enunciated by the Supreme Court are the precautionary
principle4, the polluter pays principle5, the public trust doctrine6 and inter-generational equity7. The new
environmental jurisprudence has evolved case by case, through public interest litigations filed before the
Supreme Court and the High Courts in the states.
Environmental concerns arising in public interest litigations have been held to be as important as human
rights concerns. Both may be traced to the fundamental right to life and liberty8. While environmental aspects
concern 'life', the human rights aspects concern liberty'9.
The primary effort of a court dealing with environmental issues is to see that the enforcement agencies take
effective steps to implement the law. Although it is not the judiciary's function to ensure day-to-day
enforcement, where the executive has ceased to function, the courts have been required to pass orders
directing the enforcement agencies to implement the law by necessity10.
Public interest litigations have resulted in the closure of polluting factories, the relocation of industry away
from rivers, the recovery of compensation from polluters and protective directions in favour of workers
employed by the polluting units11. Thus, where polluters refused to establish effluent treatment plants, the
court directed the units to shut down12. Similarly, where a paper mill was found to commence manufacturing
operations without meeting the trade effluent norms, the company was directed to deposit substantial
amounts in court and the court registry was directed to invest the amounts until appropriate orders were
passed with regard to disbursal of the funds13.
The Supreme Court has overseen measures to restore areas damaged by industrial pollution and the
payment of compensation to affected farmers on the polluter pays principle14. In discharging these tasks, the
court has obtained the assistance of an independent agency that reported to the court on the adequacy of
pollution control devices installed by industry, the damage caused by water pollution and the cost of
restitution15.
Polluting industries that disobey closure orders passed by the court are liable to be fined and the directors of
such defaulting companies are liable to be imprisoned16.
1 As to constitutional provisions see [135.005]-[135.010].
2 See directive principles [135.009].
3 See sustainable development [135.183].
4 See the precautionary principle [135.184].
5 See the polluter pays principle [135.185].
6 See the public trust doctrine [135.186].
7 See intergenerational equity [135.187].
8 Constitution of India art 21 (see generally[80]CONSTITUTIONAL LAW).
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Page 3
Indian Council for Enviro-Legal Action v Union of India Indian Council for Enviro-Legal Action v Union of India (1996) 4 JT 263;
Pravinbhai Jashbhai Patel v State of Gujarat Pravinbhai Jashbhai Patel v State of Gujarat Pravinbhai Jashbhai Patel v State of
Gujarat (1995) 2 Guj LR 1210 at 1253, Pravinbhai Jashbhai Patel v State of Gujarat Pravinbhai Jashbhai Patel v State of
Union of India (1996) Scale 397, M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India (1997) 1
JT 221.
Forum v Union of India (1995) 5 Scale 592.
13 Taruben Suklal Gamit v Central Pulp Mills Ltd Taruben Suklal Gamit v Central Pulp Mills Ltd Taruben Suklal Gamit v Central
Pulp Mills Ltd (1997) 2 Guj LH 1007 at 1025.
for Enviro-Legal Action v Union of India (1996) 5 Scale 412; Indian Council for Enviro-Legal Action v Union of India Indian
Council for Enviro-Legal Action v Union of India Indian Council for Enviro-Legal Action v Union of India (1998) 1 Scale 5 [LNIND
1997 SC 1599] [LNIND 1997 SC 1599] [LNIND 1997 SC 1599] (SP); Indian Council for Enviro-Legal Action v Union of India
Indian Council for Enviro-Legal Action v Union of India Indian Council for Enviro-Legal Action v Union of India (1999) 4 Scale
331.
15 Bhavani River-Sakthi Sugars Ltd In Re Bhavani River-Sakthi Sugars Ltd In Re Bhavani River-Sakthi Sugars Ltd In Re AIR
1998 SC 2059 [LNIND 1998 SC 1232] [LNIND 1998 SC 1232] [LNIND 1998 SC 1232], Bhavani River-Sakthi Sugars Ltd In Re
Bhavani River-Sakthi Sugars Ltd In Re Bhavani River-Sakthi Sugars Ltd In Re (1998) 2 SCC 601 [LNIND 1998 SC 1232]
[LNIND 1998 SC 1232] [LNIND 1998 SC 1232] at 603, Bhavani River-Sakthi Sugars Ltd In Re Bhavani River-Sakthi Sugars Ltd
In Re Bhavani River-Sakthi Sugars Ltd In Re (1998) 1 SCJ 203.
16 Suo Motu v Bhavna Textile Pvt Ltd Suo Motu v Bhavna Textile Pvt Ltd Suo Motu v Bhavna Textile Pvt Ltd (1997) 2 Guj LH
760 at 766.

GENERAL PRINCIPLES/[135.183] Sustainable development
[135.183] Sustainable development Sustainable development refers to the type or extent of development
that can take place and that can be sustained by nature with or without mitigation1. The right to a healthy
environment is required to be balanced with the right to sustainable development, both of which are implicit
in the right to life2. Hence, it is essential to achieve a balance between industrialisation and ecology3.
Economic development ought not to take place at the cost of ecology or by causing widespread
environmental destruction. Equally, the necessity to preserve the environment must not hamper
development. Development and environmental protection must progress together with due regard to
environmental considerations4 While the development of industry is essential for the economy of the country,
at the same time, the environment and the ecosystems are required to be protected. The pollution created as
a consequence of development must not exceed the carrying capacity of the ecosystem. Industrial
development ought to be sustained and must not be at the cost of ecological degradation5.
Two essential features of sustainable development are:
(1) the precautionary principle6; and

(2) the polluter pays principle7.
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Page 4
Thus, there is an obligation on the authorities to make a proper assessment of the forest wealth before
allocating forest produce to industries8. Where a project involves the displacement of people and the loss of
forest, a proper relief and rehabilitation plan for the displaced persons and appropriate ameliorative and
compensatory measures to mitigate the environmental impact are necessary9
The role of a court in reviewing infrastructure projects is limited. The conception of the project, the decision to
undertake the project and the manner of executing the project are policy decisions. A court should refrain
from transgressing into the field of policy decisions unless the system for execution of the project is arbitrary
and the only role for the court is to ensure that the system works in the manner envisaged. Thus, a petition
challenging an infrastructure project on environmental grounds must be filed within a reasonable period of
the environmental clearance being granted. Where a petition is filed at a belated stage after vast amounts
have been expended on the project, the petition is liable to be rejected on the ground of laches10.
1 Narmada Bachao Andolan v Union of India Narmada Bachao Andolan v Union of India Narmada Bachao Andolan v Union of
India M C Mehta v Union of India M C Mehta v Union of India (1997) 1 Scale 61 [LNIND 1996 SC 2207] [LNIND 1996 SC 2207]
[LNIND 1996 SC 2207].
6 As to the precautionary principle see [135.184].
2207] [LNIND 1996 SC 2207] [LNIND 1996 SC 2207] at 364. As to the polluter pays principle see [135.185].
8 State of Himachal Pradesh v Ganesh Wood Products State of Himachal Pradesh v Ganesh Wood Products State of
Himachal Pradesh v Ganesh Wood Products AIR 1996 SC 149 [LNIND 1995 SC 897] [LNIND 1995 SC 897] [LNIND 1995 SC
Himachal Pradesh v Ganesh Wood Products (1995) 6 SCC 363 [LNIND 1995 SC 897] [LNIND 1995 SC 897] [LNIND 1995 SC
Himachal Pradesh v Ganesh Wood Products (1995) 5 Scale 303 [LNIND 1995 SC 897] [LNIND 1995 SC 897] [LNIND 1995 SC
897].
9 See note 1 above.

GENERAL PRINCIPLES/[135.184] Precautionary principle
135
Page 5
[135.184] Precautionary principle The precautionary principle requires the anticipation of environmental
harm and the adoption of measures to avoid it or to choose the least environmentally harmful activity. The
precautionary principle is necessary due to scientific uncertainly and is based on the premise that it is better
to err on the side of caution and prevent environmental harm which might otherwise become irreversible1.
The precautionary principle ordinarily applies to a case of a polluting industry or project where the extent of
damage likely to be inflicted is not known. Where the environmental impact is known, the project proponent
is required to show what mitigating measures can be taken to offset such adverse impact2. Where there is an
identifiable risk of serious or irreversible harm such as the extinction of species or widespread toxic pollution,
the burden of proof lies on the person proposing the activity that is potentially harmful to the environment.
Where the risk is 'uncertain but non-negligible', the project proponent is required to show the absence of a
reasonable ecological or medical concern. If insufficient evidence is presented by the project proponent, then
the presumption must operate in favour of environmental protection3. The precautionary principle imposes
the onus of proof on the developer or industrialist to show that the proposed action is environmentally
benign4. Where a government order permitting a polluting industry to operate close to a drinking water
reservoir ignores the precautionary principle, it is an arbitrary order and it is for the industry to show that
there is no danger from pollution even if it is established near the reservoir5. The precautionary principle may
also be applied to a situation where environmental damage results from a facility to fill liquefied petroleum
gas in cylinders6.
Union of India (2002) Supp 2 JT 6.
3 See note 1 above.
Union of India (2002) 4 SCC 356 [LNIND 1996 SC 2207] [LNIND 1996 SC 2207] [LNIND 1996 SC 2207] at 364; S Jagannath v
Union of India S Jagannath v Union of India S Jagannath v Union of India AIR 1997 SC 811 [LNIND 1996 SC 2974] [LNIND
1996 SC 2974] [LNIND 1996 SC 2974]at 846, S Jagannath v Union of India S Jagannath v Union of India S Jagannath v Union
of India (1997) 2 SCC 87 [LNIND 1996 SC 2974] [LNIND 1996 SC 2974] [LNIND 1996 SC 2974], S Jagannath v Union of India
S Jagannath v Union of India S Jagannath v Union of India (1997) 1 JT 160; Vellore Citizens' Welfare Forum v Union of India
Vellore Citizens' Welfare Forum v Union of India Vellore Citizens' Welfare Forum v Union of India AIR 1996 SC 2715 [LNIND
1996 SC 1344] [LNIND 1996 SC 1344] [LNIND 1996 SC 1344]at 2721, Vellore Citizens' Welfare Forum v Union of India Vellore
Citizens' Welfare Forum v Union of India Vellore Citizens' Welfare Forum v Union of India (1996) 5 SCC 647 [LNIND 1996 SC
1344] [LNIND 1996 SC 1344] [LNIND 1996 SC 1344], Vellore Citizens' Welfare Forum v Union of India Vellore Citizens'
Welfare Forum v Union of India Vellore Citizens' Welfare Forum v Union of India (1996) 2 Scale 194.
5 See note 1 above.
6 Majra Singh v Indian Oil Corpn Majra Singh v Indian Oil Corpn Majra Singh v Indian Oil Corpn AIR 1999 J&K 81.

GENERAL PRINCIPLES/[135.185] Polluter pays principle
136
Page 6
[135.185] Polluter pays principle The polluter pays principle requires that a polluter bear the remedial or
clean-up costs as well as the amounts payable to compensate the victims of pollution1. Thus, tanneries that
pollute rivers are required to compensate the victims who have suffered due to the discharge of untreated
effluents2. In the exercise of its writ jurisdiction3, the Supreme Court may award damages on the basis of the
polluter pays principle against those responsible for polluting the environment4. In such a case, the
wrongdoer may be required to bear the cost of restoring the damaged environment5. However, a fine for
causing pollution cannot be imposed by the Supreme Court in the exercise of its constitutional jurisdiction6
and a person can be punished with a fine only after the procedure prescribed under the environmental law
for the trial of offences is followed and the wrongdoer has been found guilty7.
Union of India (2002) 4 SCC 356 [LNIND 1996 SC 2207] [LNIND 1996 SC 2207] [LNIND 1996 SC 2207] at 364; Vellore
Union of India AIR 1996 SC 2715 [LNIND 1996 SC 1344] [LNIND 1996 SC 1344] [LNIND 1996 SC 1344]at 2721, Vellore
Union of India (1996) 5 SCC 647 [LNIND 1996 SC 1344] [LNIND 1996 SC 1344] [LNIND 1996 SC 1344], Vellore Citizens'
India (1996) 2 Scale 194; Andhra Pradesh Pollution Control Board v M V Nayudu Andhra Pradesh Pollution Control Board v M
V Nayudu Andhra Pradesh Pollution Control Board v M V Nayudu [1999] 1 LRI 185, Andhra Pradesh Pollution Control Board v
M V Nayudu Andhra Pradesh Pollution Control Board v M V Nayudu Andhra Pradesh Pollution Control Board v M V Nayudu
AIR 1999 SC 812 [LNIND 1999 SC 65] [LNIND 1999 SC 65] [LNIND 1999 SC 65]at 820, Andhra Pradesh Pollution Control
Board v M V Nayudu Andhra Pradesh Pollution Control Board v M V Nayudu Andhra Pradesh Pollution Control Board v M V
Nayudu (1999) 2 SCC 718 [LNIND 1999 SC 65] [LNIND 1999 SC 65] [LNIND 1999 SC 65]; S Jagannath v Union of India S
Jagannath v Union of India S Jagannath v Union of India AIR 1997 SC 811 [LNIND 1996 SC 2974] [LNIND 1996 SC 2974]
[LNIND 1996 SC 2974]at 846, S Jagannath v Union of India S Jagannath v Union of India S Jagannath v Union of India (1997)
2 SCC 87 [LNIND 1996 SC 2974] [LNIND 1996 SC 2974] [LNIND 1996 SC 2974], S Jagannath v Union of India S Jagannath v
Union of India S Jagannath v Union of India (1997) 1 JT 160; MC Mehta v Union of India MC Mehta v Union of India MC Mehta
v Union of India (1997) 3 SCC 715 [LNIND 2001 SC 596] [LNIND 2001 SC 596] [LNIND 2001 SC 596] at 720, MC Mehta v
Union of India MC Mehta v Union of India MC Mehta v Union of India (1996) 7 Scale 579, MC Mehta v Union of India MC
Mehta v Union of India MC Mehta v Union of India (1997) 1 UJ 13.
Union of India (1996) 2 Scale 194.
4 M C Mehta v Kamal Nath [2000] 3 LRI 177, M C Mehta v Kamal Nath [2000] 3 LRI 177, M C Mehta v Kamal Nath [2000] 3
LRI 177, AIR 2000 SC 1997 [LNIND 2000 SC 893] [LNIND 2000 SC 893] [LNIND 2000 SC 893]at 2000. See generally [115]
DAMAGES.
5 See note 4 above.
6 Constitution of India arts 32 and 142.
7 See note 4 above.

GENERAL PRINCIPLES/[135.186] Public trust doctrine
[135.186] Public trust doctrine The public trust doctrine, on which the Indian legal system is based, is
137
Page 7
derived from the English legal system1. The doctrine rests on the principle that certain resources such as air,
sea, running waters and the forests are too important to the people as a whole and it is unjustified to make
them a subject of private ownership. Thus, the doctrine enjoins the government to protect the resources for
the enjoyment of the general public rather than permit their use for private ownership or commercial
purposes2. Therefore, ecologically fragile land along a river could not be leased to a hotelier since this would
result in the breach of the public trust doctrine3. Similarly, deep underground water belongs to the state and
the doctrine of public trust extends to this resource4.
However, since the doctrine is not absolute, it may be required to yield to a project that is in public interest.
Thus, in an instance, a 900 year old tank, covering about six hectares had to be demolished to make way for
a bus stand and a railway station in order to prevent breach of the public trust doctrine5.
[LNIND 1996 SC 2131] [LNIND 1996 SC 2131].
[LNIND 1996 SC 2131] [LNIND 1996 SC 2131]; M I Builders v Radhey Shyam Sahu M I Builders v Radhey Shyam Sahu M I
Builders v Radhey Shyam Sahu AIR 1999 SC 2468 [LNIND 1999 SC 612] [LNIND 1999 SC 612] [LNIND 1999 SC 612]at 2498,
M I Builders v Radhey Shyam Sahu M I Builders v Radhey Shyam Sahu M I Builders v Radhey Shyam Sahu (1999) 6 SCC 464
[LNIND 1999 SC 612] [LNIND 1999 SC 612] [LNIND 1999 SC 612], M I Builders v Radhey Shyam Sahu M I Builders v Radhey
Shyam Sahu M I Builders v Radhey Shyam Sahu (1999) 4 Scale 209 [LNIND 1999 SC 612] [LNIND 1999 SC 612] [LNIND 1999
SC 612].
3 See note 1 above.
4 Madireddy Padma Rambabu v District Forest Officer, E G District Madireddy Padma Rambabu v District Forest Officer, E G
District Madireddy Padma Rambabu v District Forest Officer, E G District AIR 2002 AP 256 [LNIND 2001 AP 735] [LNIND 2001
AP 735] [LNIND 2001 AP 735].
5 Rajashekhar v State of Karnataka Rajashekhar v State of Karnataka Rajashekhar v State of Karnataka (1999) 6 Kant LJ 219
at 226.

GENERAL PRINCIPLES/[135.187] Intergenerational equity
[135.187] Intergenerational equity The violation of environmental statutes not only affects the existing
quality of life but also degrades the environment and adversely affects future generations1. It is the duty and
responsibility of the present generation to protect and improve the environment for the benefit of the present
and future generations through careful planning and management of natural resources as it provides the
resources for the survival of the present and future generations2.
Indian Council for Enviro-Legal Action v Union of India Indian Council for Enviro-Legal Action v Union of India (1996) 4 JT 263;
M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India (1997) 3 SCC 715 [LNIND 2001 SC 596]
[LNIND 2001 SC 596] [LNIND 2001 SC 596] at 720, M C Mehta v Union of India M C Mehta v Union of India M C Mehta v
Union of India (1996) 7 Scale 579, M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India (1997)
1 UJ 13 (preventive measures to protect lakes against environmental degradation must be taken keeping in view the carrying
capacity of the ecosystem operating in the surrounding area).
138
Page 8
2 SCC 718 [LNIND 1999 SC 65] [LNIND 1999 SC 65] [LNIND 1999 SC 65]; State of Himachal Pradesh v Ganesh Wood
Products State of Himachal Pradesh v Ganesh Wood Products State of Himachal Pradesh v Ganesh Wood Products AIR 1996
SC 149 [LNIND 1995 SC 897] [LNIND 1995 SC 897] [LNIND 1995 SC 897]at 159, State of Himachal Pradesh v Ganesh Wood
Products State of Himachal Pradesh v Ganesh Wood Products State of Himachal Pradesh v Ganesh Wood Products (1995) 6
SCC 363 [LNIND 1995 SC 897] [LNIND 1995 SC 897] [LNIND 1995 SC 897], State of Himachal Pradesh v Ganesh Wood
Products State of Himachal Pradesh v Ganesh Wood Products State of Himachal Pradesh v Ganesh Wood Products (1995) 5
Scale 303 [LNIND 1995 SC 897] [LNIND 1995 SC 897] [LNIND 1995 SC 897].

THE ENVIRONMENT PROTECTION ACT 1986/A. INTRODUCTION/[135.188] Meaning of 'environment' and
other important definitions
[135.188] Meaning of 'environment' and other important definitions the Environment Protection Act 1986
assigns the following meaning to the following terms:
The expression 'environment' includes water, air and land and the interrelationship which exists among and
between water, air and land, and human beings, other living creatures, plants micro organism and property1.
'Environmental pollutant' means any solid, liquid or gaseous substance present in such concentration as may
be or tend to be injurious to environment2.
'Environmental pollution' refers to the presence of any environmental pollutant in the environment3.
'Handling' in relation to any substance means the manufacture, processing, treatment, packaging, storage,
transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of the substance4.
An 'occupier', in relation to any factory or premises, means a 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
substance5.
1 Environment (Protection) Act 1986 s 2(a).
2 Environment (Protection) Act 1986 s 2(b).
3 Environment (Protection) Act 1986 s 2(c).
4 Environment (Protection) Act 1986 s 2(d).
5 Environment (Protection) Act 1986 s 2(f).

THE ENVIRONMENT PROTECTION ACT 1986/A. INTRODUCTION/[135.189] Overriding effect over other
laws
[135.189] Overriding effect over other laws The provisions of the Environment (Protection) Act 1986 and
the rules or orders issued under the Act have an overriding effect in relation to any other enactment1. Hence,
the Coastal Regulation Zone Notification 1991 issued under the Environment (Protection) Act 1986 overrides
the local town planning laws2. However, where any act or omission constitutes an offence punishable under
the Environment (Protection) Act 19863 and also under any other Act, then the offender is liable to be
139
Page 9
punished under the other Act and not under the Environment (Protection) Act 19864.
1 Environment (Protection) Act 1986 s 24(1). This is, however, subject to the Environment (Protection) Act 1986 s 24(2). See S
Jagannath v Union of India S Jagannath v Union of India S Jagannath v Union of India AIR 1997 SC 811 [LNIND 1996 SC
2974] [LNIND 1996 SC 2974] [LNIND 1996 SC 2974]at 846, S Jagannath v Union of India S Jagannath v Union of India S
Jagannath v Union of India (1997) 2 SCC 87 [LNIND 1996 SC 2974] [LNIND 1996 SC 2974] [LNIND 1996 SC 2974], S
Jagannath v Union of India S Jagannath v Union of India S Jagannath v Union of India (1997) 1 JT 160.
2 Overseas Chinese Cuisine (India) Pvt Ltd v Municipal Corpn of Greater Bombay Overseas Chinese Cuisine (India) Pvt Ltd v
Municipal Corpn of Greater Bombay Overseas Chinese Cuisine (India) Pvt Ltd v Municipal Corpn of Greater Bombay (1999)
(101) 3 Bom LR 610.
3 As to offences punishable under the Environment (Protection) Act 1986 see [135.213] and following.

THE ENVIRONMENT PROTECTION ACT 1986/B. POWERS OF THE CENTRAL GOVERNMENT/(i)
Generally/[135.190] Power to take measures to protect the environment
[135.190] Power to take measures to protect the environment The Central Government is empowered to
take all measures that it considers necessary or expedient for protecting and improving the quality of the
environment1 and preventing, controlling and abating environmental pollution2. Without limiting the scope of
its wide powers, the Central Government is specifically empowered to implement the following measures:
(1) co-ordinate actions of the state governments, officers and other authorities under the
Environment (Protection) Act 1986 or rules made under the Act or under any other law which is
relatable to the objects of the Act3;
(2) plan and execute national programmes for the prevention, control and abatement of
environmental pollution4;
(3) lay down standards for the quality of environment in its various aspects5;
(4) lay down standards for emission or discharge of environmental pollutants6. However, different
standards for emission or discharge may be prescribed for different sources having regard to
the quality or composition of the emission or discharge of environmental pollutants from such
sources7.
(5) restrict industries, operations or processes or any class of industries, operations or processes
in any area or subject the industries, operations or processes to certain safeguards8;
(6) lay down procedures and safeguards for the prevention of accidents that may cause
environmental pollution and remedial measures for such accidents9;
(7) lay down procedures and safeguards for the handling10 of hazardous substances11;
(8) examine manufacturing processes, materials and substances that are likely to cause
environmental pollution12;
(9) carry out and sponsor investigations and research relating to problems of environmental
pollution13;
(10) inspect any premises, plant, equipment, machinery, manufacturing or other processes,
material or substances and issue orders to authorities, officers or persons to take steps to
prevent, control and abate environmental pollution14;
(11) establish or recognise environmental laboratories and institutes to carry out the functions
entrusted to such laboratories and institutes under the Environment (Protection) Act 198615;
(12) collect and disseminate information in respect of matters relating to environmental pollution16;
(13) prepare manuals, codes or guides relating to the prevention, control and abatement of
environmental pollution17; and
(14) adopt measures in respect of such other matters as the Central Government considers
140 10
Page
necessary or expedient for the purpose of effectively implementing the Environment

(Protection) Act 198618.
1 As to the meaning of environment see [135.188].
2 Environment (Protection) Act 1986 s 3(1). See also Indian Council for Enviro-Legal Action v Union of India Indian Council for
Enviro-Legal Action v Union of India Indian Council for Enviro-Legal Action v Union of India AIR 1996 SC 1446 [LNIND 1996 SC
353] [LNIND 1996 SC 353] [LNIND 1996 SC 353], Indian Council for Enviro-Legal Action v Union of India Indian Council for
Enviro-Legal Action v Union of India Indian Council for Enviro-Legal Action v Union of India (1996) 3 SCC 212 [LNIND 1996 SC
353] [LNIND 1996 SC 353] [LNIND 1996 SC 353], Indian Council for Enviro-Legal Action v Union of India Indian Council for
Enviro-Legal Action v Union of India Indian Council for Enviro-Legal Action v Union of India (1996) 2 JT 196.
3 Environment (Protection) Act 1986 s 3(2)(i).
4 Environment (Protection) Act 1986 s 3(2)(ii). As to the meaning of 'environmental pollution' see [135.188].
5 Environment (Protection) Act 1986 s 3(2)(iii).
6 Environment (Protection) Act 1986 s 3(2)(iv). As to the meaning of 'environmental pollutant' see [135.188].
7 Environment (Protection) Act 1986 s 3(2)(iv) proviso.
8 Environment (Protection) Act 1986 s 3(2)(v).
9 Environment (Protection) Act 1986 s 3(2)(vi).
10 Environment (Protection) Act 1986 s 3(2)(vii). As to the meaning of 'handling' see [135.188].
11 As to the meaning of 'hazardous substance' see [135.215].
12 Environment (Protection) Act 1986 s 3(2)(viii).
13 Environment (Protection) Act 1986 s 3(2)(ix).
14 Environment (Protection) Act 1986 s 3(2)(x).
15 Environment (Protection) Act 1986 s 3(2)(xi).
16 Environment (Protection) Act 1986 s 3(2)(xii).
17 Environment (Protection) Act 1986 s 3(2)(xiii).
18 Environment (Protection) Act 1986 s 3(2)(xiv).

Generally/[135.191] Power to make rules
[135.191] Power to make rules The Central Government is empowered to make rules to carry out the
purposes of the Environment (Protection) Act 1986. The rules must be notified in the official gazette1.
Without limiting the general powers of the Central Government to make rules, the rules may provide for the
following matters:
(1) the standards of quality of air, water or soil, for various areas and purposes2;
(2) the maximum allowable limits of concentration of various environmental pollutants, including
141 11
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noise, for different areas3;

(3) the procedures and safeguards for the handling of hazardous substances4;
(4) the prohibition and restrictions on the handling of hazardous substances in different areas5;
(5) the prohibition and restriction on the location of industries and the carrying on of processes
and operation in different areas6;
(6) the procedures and safeguards for the prevention of accidents which may cause
environmental pollution and for providing remedial measures for such accidents7;
(7) the standards in excess of which pollutants must not be discharged or emitted8;
(8) the procedure in accordance with which and the safeguards in compliance with which the
hazardous substances can be handled9;
(9) the authorities or agencies to which intimation of the fact of occurrence or apprehension of
occurrence of the discharge of any environmental pollutant in excess of the prescribed
standards must be given and to whom all assistance must be bound to be rendered10;
(10) the manner in which samples of air, water, soil or any other substance for the purpose of
analysis must be taken11;
(11) the form in which the notice of intention to have a sample analysis, is required to be served12;
(12) the functions of environmental laboratories, the procedure for the submission to such
laboratories of samples of air, water, soil and other substances for analysis or tests; the form of
the laboratory report; the fees payable for such report and other matters to enable such
laboratories to carry out their functions13;
(13) the qualifications of the government analyst appointed or recognised for the purpose of
analysis of samples of air, water, soil or other substances14;
(14) the manner in which notice of the offence and of the intention to make a complaint to the
Central Government is required to be given 15;
(15) the authority or officer to whom any reports, returns, statistics, accounts and other information
is required to be furnished16; and
1 Environment (Protection) Act 1986 ss 6(1)and25(1).
2 Environment (Protection) Act 1986 s 6(2) (a).
3 Environment (Protection) Act 1986 s 6(2) (b). As to the meaning of 'environmental pollutant' see [135.194].
4 Environment (Protection) Act 1986 s 6(2) (c). As to hazardous wastes, hazardous micro-organisms and bio medical wastes
rules respectively see [135.215], [135.226] and [135.229].
5 Environment (Protection) Act 1986 s 6(2) (d).
6 Environment (Protection) Act 1986 s 6(2) (e).
7 Environment (Protection) Act 1986 s 6(2) (f). As to rules concerning chemical accidents see [135.225].
8 Environment (Protection) Act 1986 s 25(2)(a). As to compliance with standards of emission see [135.206] and [135.207].
9 Environment (Protection) Act 1986 s 25(2)(b). As to compliance with procedural safeguards see [135.208].
10 Environment (Protection) Act 1986 s 25(2)(c). As to authorities to which information must be given see [135.207].
11 Environment (Protection) Act 1986 s 25(2)(d). As to procedure for collecting samples [135.202].
12 Environment (Protection) Act 1986 s 25(2)(e). As to procedure for collecting samples [135.202].
13 Environment (Protection) Act 1986 s 25(2)(f). As to environmental laboratories see [135.203].
14 Environment (Protection) Act 1986 s 25(2)(g). As to government analysts see [135.204].
15 Environment (Protection) Act 1986 s 25(2)(h). As to cognisance of offences see [135.212].

142 12
Page
16 Environment (Protection) Act 1986 s 25(2)(i). As to information, reports or returns concerning the functions of an authority
under the Act see [135.205].
17 Environment (Protection) Act 1986 s 25(2)(j).

Generally/[135.192] Laying, modification or annulment of rules
[135.192] Laying, modification or annulment of rules Every rule made by the Central Government under
the Environment (Protection) Act 1986 must be laid before each house of Parliament, while it is in session,
for a period of 30 days which may be comprised in one session or in two or more successive sessions1.
If before the expiry of the session2, both houses agree to making any modification in the rule or both houses
agree that the rule must not be made, the rule will, thereafter, have effect only in such modified form or will
have no effect, as the case may be. However, such modification or annulment does not prejudice the validity
of anything previously done under the original rule3.
1 Environment (Protection) Act 1986 s 26. As to power of the Central Government to make rules see [135.191].
2 Ie the session that immediately follows the one in which the 30 day period expired.
3 See note 1 above.

Generally/[135.193] Power to delegate
[135.193] Power to delegate The Central Government is empowered to delegate such of its powers and
functions under the Environment (Protection) Act 1986, as it may consider necessary or expedient, to any
officer, state government or other appropriate authority. The delegation of powers and functions must be
made by a notification published in the official gazette and such powers and functions must be exercised or
discharged subject to the conditions and limitations set out in such notification1. However, the Central
Government may not delegate its power to constitute an authority2 or to frame rules3.
1 Environment (Protection) Act 1986 s 23. As to the power of the Central Government to make rules see [135.191].
2 As to power of the Central Government to constitute authorities see [135.196].
3 See note 1 above.

THE ENVIRONMENT PROTECTION ACT 1986/B. POWERS OF THE CENTRAL GOVERNMENT/(ii)
Environment Protection Rules 1986/[135.194] Standards of emission and discharge
143 13
Page
[135.194] Standards of emission and discharge The standards for emission or discharge of environmental
pollutants1 are pre-scribed by the Environment (Protection) Rules 19862. National ambient air quality
standards in respect of noise and other air pollutants have been fixed after providing for an adequate margin
of safety to protect public health, vegetation and property3. Polluters are required to meet industry-specific
standards prescribed for designated industries4 or where no specific standards are applicable, general
standards for the discharge of environmental pollutants5. New motor vehicles are required to meet emission
norms6 and noise limits7. Consumer durables such as air conditioners, refrigerators and air coolers and
some types of construction equipment are also required to meet the prescribed noise levels8.
1 As to the meaning of 'environmental pollutants' see [135.188].
2 See the Environment (Protection) Rules 1986 r 3.
3 See the Environment (Protection) Rules 1986Schs 3 and 7.
4 See the Environment (Protection) Rules 1986Sch 1.
7 See the Environment (Protection) Rules 1986Sch 3. Also see generally [220] MOTOR VEHICLES.
8 See note 5 above.

THE ENVIRONMENT PROTECTION ACT 1986/B. POWERS OF THE CENTRAL GOVERNMENT/(ii)
Environment Protection Rules 1986/[135.195] Prohibition or restriction on industrial location
[135.195] Prohibition or restriction on industrial location The Environment (Protection) Rules 1986 set
out the factors that the Central Government may consider while prohibiting or restricting the location of
industries, processes and operations1 and the procedure that is required to be followed before imposing any
such prohibition or restriction2. The procedure for taking samples3, the functions of environmental
laboratories4, the qualifications of government analysts5, the manner of giving notice of an intended
prosecution6 are some of the factors that the Central Government must consider while prohibiting or
restricting the handling of hazardous substances7.
Every person carrying on a certain type of industry, operation or process is under an obligation to file an
annual environmental statement to the concerned state pollution control board as prescribed by the
Environment (Protection) Rules 19868. The authorities must be informed in case of an excess discharge of
environmental pollutant9. Where there is likelihood of a grave threat to the environment, the Central
Government may dispense with the requirement of providing an opportunity of showing cause to the affected
party10. Where the opportunity of showing cause has been granted, it does not include a personal hearing
and an opprrtunity to file a written objection is permissible11.
1 See Environment (Protection) Rules 1986 r 5(1).
2 See Environment (Protection) Rules 1986 r 5(2).
3 See Environment (Protection) Rules 1986rr 6-8. As to procedure for taking samples see [135.202].
4 See Environment (Protection) Rules 1986 r 9. As to establishment of environmental laboratories see [135.203].
144 14
Page
5 See Environment (Protection) Rules 1986 r 10. As to appointment of government analysts see [135.204].
6 See Environment (Protection) Rules 1986 r 11.
7 See Environment (Protection) Rules 1986 r 13(1). As to handling of hazardous subatances see [135.217].
10 See Environment (Protection) Rules 1986 r 4(5). See Narula Dyeing and Printing Works v Union of India Narula Dyeing and
Printing Works v Union of India Narula Dyeing and Printing Works v Union of India AIR 1995 Guj 185.
11 Mahabir Soap and Gudakhu Factory v Union of India Mahabir Soap and Gudakhu Factory v Union of India Mahabir Soap
and Gudakhu Factory v Union of India AIR 1995 Ori 218 at 223.

THE ENVIRONMENT PROTECTION ACT 1986/B. POWERS OF THE CENTRAL GOVERNMENT/(iii)
Constitution of Authorities/[135.196] Power to constitute authorities
[135.196] Power to constitute authorities The Central Government may if it considers necessary or
expedient, constitute one or more authorities in order to exercise the powers and perform the functions of the
Central Government under the Environment (Protection) Act 1986. Each authority must be constituted by an
order issued by the Central Government and published in the official gazette. The order will name the
authority and will specify the powers and functions that are to be exercised by the authority. The authority is
subject to supervision and control of the Central Government1.

Constitution of Authorities/[135.197] Object
[135.197] Object The main purpose of the Environment (Protection) Act 1986 is to create an authority or
authorities with adequate power to control pollution1. Such authorities have to be constituted to address the
environmental grievances raised before the courts2. Also where the Central Government has been remiss in
discharging this function, the Supreme Court may require the constitution of such authorities3.
Union of India (1996) 6 Scale 21. As to power of the Central Government to constitute authorities see [135.196].
2 T N Godavarman Thirumulpad v Union of India T N Godavarman Thirumulpad v Union of India T N Godavarman

Thirumulpad v Union of India (1999) 9 SCC 216; M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of
India AIR 1998 SC 617 [LNIND 1998 SC 14] [LNIND 1998 SC 14] [LNIND 1998 SC 14], M C Mehta v Union of India M C Mehta
v Union of India M C Mehta v Union of India (1999) 9 SCC 216; M C Mehta v Union of India M C Mehta v Union of India M C
Mehta v Union of India AIR 1998 SC 773, M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India
145 15
Page
(1998) 2 SCC 435 [LNIND 1998 SC 14] [LNIND 1998 SC 14] [LNIND 1998 SC 14], M C Mehta v Union of India M C Mehta v
Union of India M C Mehta v Union of India (1998) 1 Scale 75 [LNINDORD 1998 SC 1] [LNINDORD 1998 SC 1] [LNINDORD
1998 SC 1].
Union of India (1996) 6 Scale 21; FB Taraporawala v Bayer India Ltd FB Taraporawala v Bayer India Ltd FB Taraporawala v
Bayer India Ltd AIR 1997 SC 1846, FB Taraporawala v Bayer India Ltd FB Taraporawala v Bayer India Ltd FB Taraporawala v
Bayer India Ltd (1996) 6 SCC 58, FB Taraporawala v Bayer India Ltd FB Taraporawala v Bayer India Ltd FB Taraporawala v
Bayer India Ltd (1996) 3 SCJ 499; Indian Council for Enviro-Legal Action v Union of India Indian Council for Enviro-Legal
Action v Union of India Indian Council for Enviro-Legal Action v Union of India (1996) 5 SCC 281 [LNIND 1996 SC 353] [LNIND
1996 SC 353] [LNIND 1996 SC 353] at 294, Indian Council for Enviro-Legal Action v Union of India Indian Council for
Enviro-Legal Action v Union of India Indian Council for Enviro-Legal Action v Union of India (1996) 3 Scale 579, Indian Council
for Enviro-Legal Action v Union of India Indian Council for Enviro-Legal Action v Union of India Indian Council for Enviro-Legal
Action v Union of India (1996) 4 JT 263.

Constitution of Authorities/[135.198] Members of an authority
[135.198] Members of an authority All members, officers and employees of an authority1, when acting in
pursuance of any of the provisions of the Environment (Protection) Act 1986, the rules made or orders or
directions issued under it, are deemed to be public servants within the meaning of the Indian Penal Code
18602.
1 As to the constitution of authorities and object behind such constitution see respectively [135.196] and [135.197].
2 Environment (Protection) Act 1986 s 21; Indian Penal Code 1860 s 21 (see [105] CRIMINAL LAW AND PROCEDURE).

THE ENVIRONMENT PROTECTION ACT 1986/B. POWERS OF THE CENTRAL GOVERNMENT/(iv)
Powers of Appointment and Veto/[135.199] Power to appoint officers
[135.199] Power to appoint officers The Central Government is empowered to appoint officers with
appropriate designations and to entrust them such of the powers and functions under the Environment
(Protection) Act 1986, as it may deem fit1.
Such officers are subject to the general control and direction of the Central Government and where required,
are also subject to the general control and direction of the authority constituted under the Environment
However, the appointment of officers does not affect the power of the Central Government to constitute one
or more authorities for discharging specified functions under the Environment (Protection) Act 19863.

146 16
Page
3 As to power of the Central Government to constitute authorities see [135.196].

THE ENVIRONMENT PROTECTION ACT 1986/B. POWERS OF THE CENTRAL GOVERNMENT/(iv)
Powers of Appointment and Veto/[135.200] Overriding power to give directions
[135.200] Overriding power to give directions The Central Government has been conferred an overriding
power to issue written directions to any person, officer or authority and such person, officer or authority is
obliged to comply with the directions, in the exercise of its powers and in the performance of its functions
under the Environment (Protection) Act 1986. The Central Government's power to issue directions overrides
the provisions in any other law but is subject to the provisions of the Environment (Protection) Act 19861.
The power to issue directions include the following:
(1) the power to direct closure, prohibition or regulation of any industry, operation or process2; or
(2) the power to direct stoppage or regulation of supply of electricity, water or any other service3.
The power to issue appropriate directions to protect the environment is coupled with a duty to exercise those
powers when the need arises4. Hence, a direction requiring traders in old and used gunny bags to shift out of
their locality since their activity was causing air pollution is valid5.
Where the activity poses a grave danger to the environment, the requirement of giving an opportunity to
show cause, against the issue of proposed directions to shut down manufacturing activities, may be
dispensed with6.
Generally, it is for the state government as a delegate of the Central Government7 to direct closure.
However, where there is a complete abdication of authority by the Central Government, the court may direct
it to pass the necessary orders against polluters8.
2 Environment (Protection) Act 1986 s 5 explanation (a).
3 Environment (Protection) Act 1986 s 5 explanation (b).
5 Andhra Pradesh Gunnies Merchants' Association, Hyderabad v Government of Andhra Pradesh Andhra Pradesh Gunnies
Merchants' Association, Hyderabad v Government of Andhra Pradesh Andhra Pradesh Gunnies Merchants' Association,
Hyderabad v Government of Andhra Pradesh AIR 2001 AP 453 [LNIND 2001 AP 569] [LNIND 2001 AP 569] [LNIND 2001 AP
569].
6 Narula Dyeing and Printing Works v Union of India Narula Dyeing and Printing Works v Union of India Narula Dyeing and
Printing Works v Union of India AIR 1995 Guj 185.
7 As to powers of the Central Government to delegate see [135.193].
8 See text to notes 3 and 4 above.

147 17
Page

THE ENVIRONMENT PROTECTION ACT 1986/C. PREVENTION, CONTROL AND ABATEMENT OF
ENVIRONMENTAL POLLUTION/(i) Powers of Central Government to Prevent, Control and Abate
Environmental Pollution/[135.201] Powers of entry and inspection
[135.201] Powers of entry and inspection A public servant, empowered by the Central Government, is
entitled to enter any place at all reasonable times and with the necessary assistance:
(1) for performing any of the functions of the Central Government entrusted to him1;
(2) for determining whether and if so, in what manner, any such functions are to be performed or
whether any provisions of the Environment (Protection) Act 1986 or the rules made under it or
any notice, order, direction or authorisation served, made, given or granted under this Act is
being or has been complied with2 for:
(a) examining and testing any equipment, industrial plant, record, register, document or any
other material object; or
(b) conducting a search of any building in which he has reason to believe that an offence
under this Act or the rules made under it has been or is being or is about to be
committed; and
(c) seizing any such 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 this Act or the rules made thereunder or that such
seizure is necessary to prevent or mitigate environmental pollution3.
Every person carrying on any industry, operation, process or handling4 any hazardous substance5 must
render the necessary assistance at the time of entry and inspection. Failure to extend assistance without
reasonable cause or excuse is an offence6. It is also an offence to intentionally delay or obstruct a person
empowered by the Central Government to enter and inspect any place7.
The provisions of the Code of Criminal Procedure 1973 apply to any search or seizure operation under the
Environment (Protection) Act 1986 as they would apply to any search or seizure made under the authority of
a warrant8 issued under the Code9. In relation to the State of Jammu and Kashmir or any area in which the
Code of Criminal Procedure 1973 is not in force, the provisions of any corresponding law in force, in respect
of search or seizure under a warrant, apply10.
1 Environment (Protection) Act 1986 s 10(1)(a).
2 Environment (Protection) Act 1986 s 10(1)(b).
3 Environment (Protection) Act 1986 s 10(1)(c). As to the meaning of 'environmental pollution' see [135.194]. See generally
[145] EVIDENCE. Also see generally [165] INDUSTRIAL LAW.
4 As to the meaning of 'handling' see [135.188].
8 See generally [105] CRIMINAL LAW AND PROCEDURE.

148 18
Page

Environmental Pollution/[135.202] Power to collect samples and related procedure
[135.202] Power to collect samples and related procedure The Central Government or an authorised
officer is empowered to collect samples of air, water, soil or other substance from any factory, premises or
other place in the prescribed manner for the purpose of analysis1. The result of any analysis of a sample, so
taken, is not admissible in evidence in any legal proceeding unless certain provisions2 are complied with.
The persons collecting the sample must:
(1) serve a notice3 on the occupier4, his agent or person in charge of the place of his intention to
have it so analysed then and there5;
(2) collect a sample for analysis in the presence of the occupier, his agent or person6;
(3) cause the sample to be placed in a container or containers that must be marked and sealed.
Also, the container must be signed, both by the person collecting the sample and the occupier,
his agent or person7; and
(4) send the container or the containers, without delay to the laboratory established or recognised
by the Central Government8.
When a sample is taken for analysis and the person taking the sample serves a notice on the occupier or his
agent or person then:
(a) in the case where the occupier, his agent or person wilfully absents himself, the person
collecting the sample must collect the sample for analysis, place the same in a container or
containers which must be marked, sealed and signed by the person taking the sample9; and
(b) in the case where the occupier, his agent or person present at the time of collecting the
sample refuses to sign the marked and sealed container or containers of the sample as
required, the marked and sealed container or containers must be signed by the person
collecting the samples and the container or containers must be sent without delay by the
person taking the sample for analysis to a reconised and established laboratory The person
taking the sample must inform the government analyst, appointed or recognised, in writing,
about the wilful absence of the occupier, his agent or person or his refusal to sign the container
or containers10.
2 Environment (Protection) Act 1986 s 11(2). The provisions to be complied with are mentioned under the Environment
(Protection) Act 1986 ss 11(3)and(4) (see text to notes 4-10 above). See generally [145] EVIDENCE.
3 Ie a notice in the form prescribed by the Environment (Protection) Act 1986.
4 As to the meaning of an 'occupier' see [135.188].
7 Environment (Protection) Act 1986 s 11(3)(c).
8 Environment (Protection) Act 1986 s 11(3)(d). As to the power of the Central Government to establish or recognise an
environmental laboratory see [135.203].

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Page

Environmental Pollution/[135.203] Power to establish environmental laboratories
[135.203] Power to establish environmental laboratories The Central Government may establish by
notification in the official gazette:
(1) one or more environmental laboratories1;

(2) recognise one or more laboratories or institutes as environmental laboratories to carry out the
functions entrusted to such laboratories under the Environment (Protection) Act 19862.
The Central Government may make rules prescribing:
(a) the functions of the environmental laboratory3;

(b) the procedure for the submission of samples of air, water, soil or other substance for analysis
or tests, the form of the laboratory report and the fees payable4; and
(c) such other matters as are necessary5.
5 Environment (Protection) Act 1986 s 12(2)(c).

Environmental Pollution/[135.204] Power to appoint government analysts
[135.204] Power to appoint government analysts The Central Government may appoint or recognise
government analysts for the purpose of analysing samples of air, water, soil or any other substance sent to
any environmental laboratory1. In any proceeding under the Environment (Protection) Act 1986, a report
signed by a government analyst may be used as evidence2 of the facts stated in it3.
1 Environment (Protection) Act 1986 s 13. As to power to collect samples and establish environmental laboratories see
respectively [135.202] and [135.203].
2 See generally [145] EVIDENCE.

150 20
Page

Environmental Pollution/[135.205] Powers to seek information, reports or returns
[135.205] Powers to seek information, reports or returns In relation to its functions under the
Environment (Protection) Act 1986, the Central Government may periodically require any person, officer,
state government or other authority to furnish any reports, returns, statistics, accounts and other information
to it or any prescribed authority or officer. The person to whom the requisition is made is bound to comply
with it1.

ENVIRONMENTAL POLLUTION/(ii) Compliance with Standards of Emission and Safeguards/[135.206]
Generally
[135.206] Generally A person carrying on any industry, operation or process is prohibited from discharging,
emitting or permitting any discharge or emission of an environmental pollutant1, in excess of the prescribed2
standards3.
1 As to the meaning of 'environmental pollutant' see [135.188].
2 'Prescribed' means prescribed by the rules made under the Environment (Protection) Act 1986: Environment (Protection) Act
1986 s 2(g).

Failure to adhere to standards
[135.207] Failure to adhere to standards Where discharge of any environmental pollutant1, in excess of
the prescribed standards, has occurred or is apprehended to occur, due to an accident or other unforeseen
event, the person responsible for such discharge and the person in charge of the premises is required to
prevent or mitigate the environmental pollution2 so caused. Further he is required do the following:
(1) to inform the prescribed authority or agency about the event or apprehended occurrence3; and
(2) to render all assistance to the prescribed authority or agency where he is called upon to do so4
151 21
Page
On receiving the information, the designated authority or agency is required to take the necessary remedial
measures to mitigate environmental pollution immediately5.
The expenses incurred by the designated authority or agency in respect of the remedial measures, together
with interest may be recovered from the concerned person as arrears of land revenue or of public demand6.
1 As to the meaning of 'environmental pollutant' see [135.188].
2 As to the meaning of 'environmental pollution' see [135.188].

Mandatory compliance with safeguards
[135.208] Mandatory compliance with safeguards A person is prohibited from handling1 or causing any
hazardous substance2 from being handled, except in accordance with the prescribed procedure and after
complying with the prescribed safeguards3.
1 As to the meaning of 'handling' see [135.188]; As to handling in respect of hazardous wastes see [135.217].
2 As to the categories of hazardous wastes see [135.216] and following.

ENVIRONMENTAL POLLUTION/(iii) Court Proceedings/[135.209] Bar of jurisdiction.
[135.209] Bar of jurisdiction. A civil court is barred from entertaining any suit or proceeding in respect of
anything done, any action taken or order or direction issued by the Central Government, any other authority
or officer in pursuance of any power conferred by or in relation to any function under the Environment
1 Ie under the Environment (Protection) Act 1986 s 22.

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ENVIRONMENTAL POLLUTION/(iv) Offences and Penalties/(A) Offences/[135.210] Offences by companies.
[135.210] Offences by companies. Where an offence is committed by a company1, all officers-in-charge2,

are deemed to be guilty of the offence and are liable to be proceeded against and punished3. However,
where a person proves that the offence was committed without his knowledge or that he exercised due
diligence to prevent the commission of the offence, he may not be liable to any punishment4.
Where an offence is committed by a company and it is proved that the offence has been committed with the
consent or connivance of or is attributable to any neglect on the part of any director5, manager, secretary or
other officer of the company, such person is also deemed to be guilty of that offence and is liable to be
firm or other association of individuals: Environment (Protection) Act 1986 s 16 explanation (a). As to companies in general see
[40]BUSINESS ASSOCIATIONS (COMPANIES AND CORPORATIONS).
2 Ie all the persons who at the time when the offence was committed, were directly in charge of and were responsible to the
company for the conduct of the business of the company as well as the company.
4 Environment (Protection) Act 1986 s 16(1) proviso.
5 The expression 'director' in relation to a firm, means a partner in the firm: Environment (Protection) Act 1986 s 16 explanation
(b). As to directors in general see [35]BUSINESS ASSOCIATIONS (PARTNERSHIP).

ENVIRONMENTAL POLLUTION/(iv) Offences and Penalties/(A) Offences/[135.211] Offences by
government departments
[135.211] Offences by government departments Where an offence is committed by any government

department, under the Environment (Protection) Act 1986, the head of the department is deemed to be guilty
of the offence and is liable to be proceeded against and punished1. However, where the head of the
department proves that the offence was committed without his knowledge or that he exercised due diligence
to prevent commission of the offence, he may not be liable to any punishment2.
Where an offence is committed by a government department and it is proved that the offence has been
committed with the consent or connivance of or is attributable to any neglect on the part of any officer other
than the head of the department, such person is also deemed to be guilty of that offence and is liable to be
2 Environment (Protection) Act 1986 s 17(1) proviso.

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ENVIRONMENTAL POLLUTION/(iv) Offences and Penalties/(A) Offences/[135.212] Cognisance of offences
[135.212] Cognisance of offences A court is prevented from taking cognisance of any offence under the
Environment (Protection) Act 1986, except on a complaint made by:
(1) the Central Government or any authority or officer authorised by the Central Government1; or
(2) any person who has given a notice2 of not less than 60 days of the alleged offence and of his
intention to make a complaint to the Central Government or the authority or officer authorised
by the Central Government3.
1 Environment (Protection) Act 1986 s 19(a). As to power to constitute authorities see [135.196].
2 Ie notice in the form prescribed under the Environment (Protection) Act 1986.
3 Environment (Protection) Act 1986 s 19(b).

ENVIRONMENTAL POLLUTION/(iv) Offences and Penalties/(B) Penalties and Exceptions/[135.213] Penalty
[135.213] Penalty A person who fails to comply with or contravenes any provisions of the Environment
(Protection) Act 1986, rules made, orders or directions issued under it, is punishable in respect of each
failure or contravention:
(1) with imprisonment which may extend to five years or with fine which may extend to Rs 100,000
or both;
(2) with an additional fine which may extend to Rs 5,000, for each day during which the failure or
contravention continues1; or
(3) with imprisonment for a term that may extend to seven years, where the failure or
contravention continues beyond the period of one year after the date of conviction2.

ENVIRONMENTAL POLLUTION/(iv) Offences and Penalties/(B) Penalties and Exceptions/[135.214]
154 24
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Protection of action in good faith
[135.214] Protection of action in good faith In case of action in good faith1, no suit, prosecution or other
legal proceeding may lie against the government, any officer of the government, any authority constituted
under the Environment (Protection) Act 1986 or any member, officer or employee of such authority, in
respect of anything which is done or intended to be done in pursuance of the Act, the rules made or orders or
directions issued under the Act2.
1 As to action in good faith see generally [285] TORT.

HAZARDOUS SUBSTANCES/A. GENERALLY/[135.215] Hazardous substances
[135.215] Hazardous substances A hazardous substance means any substance or preparation which by
reason of its chemical or physio-chemical properties or handling1 is liable to cause harm to human beings,
other living creatures, plants, micro-organisms, property or the environment2.
2 Environment (Protection) Act 1986 s 2(e). As to the meaning of 'environment' see [135.188].

HAZARDOUS SUBSTANCES/B. HAZARDOUS WASTES/(i) In General/[135.216] Legislation and scope
[135.216] Legislation and scope The Hazardous Wastes (Management and Handling1) Rules 1989 have
been enacted in order to strengthen the hazardous wastes disposal regime2. The rules apply to the following
designated categories of wastes that are considered hazardous:
(1) wastes generated by processes3;

(2) waste substances with concentration limits4;
(3) wastes to be applicable only in case of exports and imports5;
However, these rules do not apply to:
(a) waste water and exhaust gases as covered under the Water (Prevention and Control of
Pollution) Act 1974 and the Air (Prevention and Control of Pollution) Act 1981 and rules made
under it6;
(b) wastes arising from ships operating beyond five kilometres as covered under the provisions of
the Merchant Shipping Act 1958 and the rules made under it7;
(c) radioactive wastes as covered under the Atomic Energy Act 1962 and rules made under it8.
2 See the Hazardous Wastes (Management and Handling) Rules 1989 preamble. Also see the Environment (Protection) Act
155 25
Page
1986 ss 6, 8 and 25 (see [135.191] and [135.208]).
3 Hazardous Wastes (Management and Handling) Rules 1989 r 3(i)(a).
4 Hazardous Wastes (Management and Handling) Rules 1989 r 3(i)(b).
5 Hazardous Wastes (Management and Handling) Rules 1989 r 3(i)(c).
6 See the Hazardous Wastes (Management and Handling) Rules 1989 r 2(a). Also see the Hazardous Wastes (Management
and Handling) Rules 1989Sch 1
7 See the Hazardous Wastes (Management and Handling) Rules 1989 r 2(b). Also see the Hazardous Wastes (Management
and Handling) Rules 1989Sch 2.
8 See the Hazardous Wastes (Management and Handling) Rules 1989 r 2(c). Also see the Hazardous Wastes (Management
and Handling) Rules 1989Sch 3.

HAZARDOUS SUBSTANCES/B. HAZARDOUS WASTES/(i) In General/[135.217] Permit system for
handling and disposal
[135.217] Permit system for handling and disposal The rules prescribe a permit system administered by
state pollution control boards or designated committees in respect of union territories for the handling1 and
disposal2 of hazardous wastes3. The collection, reception, treatment, transport4, storage5 or disposal of
hazardous wastes must be authorised in terms of the prescribed procedure6 The procedure for packaging,
labelling and transportation of hazardous wastes is regulated by the rules7. The state governments are
required to compile and publish an inventory of hazardous wastes disposal sites8.
2 As to the meaning of 'disposal' see [135.218].
3 As to the categories of hazardous wastes see [135.216].
4 As to the meaning of 'transport' see [135.218].
5 As to the meaning of 'storage' see [135.218].
6 See the Hazardous Wastes (Management and Handling) Rules 1989 r 5.
7 See the Hazardous Wastes (Management and Handling) Rules 1989 r 7.
8 See the Hazardous Wastes (Management and Handling) Rules 1989 r 8. As to the meaning of 'hazardous wastes site' see
[135.218].

HAZARDOUS SUBSTANCES/B. HAZARDOUS WASTES/(i) In General/[135.218] Some important
definitions
[135.218] Some important definitions The Hazardous Wastes (Management and Handling) Rules 1989
assigns the following meaning to the following expressions:
156 26
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'Export' with its grammatical variation and cognate expression means taking hazardous to a place outside
India1.
'Facility' means any location wherein the processes incidental to the waste generation, collection, reception,
treatment, storage and disposal are carried out2.
The word 'import' with its grammatical variations and cognate expressions means bringing hazardous
substances into India from a place outside India3.
'Hazardous wastes site' means a place for collection, reception, treatment, storage and disposal of
hazardous wastes which has been duly approved by the competent authority4.
An 'operator of a facility' means a person who owns or operates a facility for collection, reception, treatment,
storage and disposal of hazardous wastes5.
'Transboundary movement' means any movement of hazardous wastes or other wastes from an area under
the national jurisdiction of one country to or through an area under the national jurisdiction of another country
or to or through an area not under the national jurisdiction of any country, provided at least two countries are
involved in the movement6.
'Disposal' means deposit, treatment, storage and recovery of hazardous wastes7.
'Storage' means keeping hazardous wastes for a temporary period, at the end of which the hazardous
wastes are treated and disposed off8.
'Transporter' means a person engaged in the off-site transportation of hazardous waste by air, rail, road or
water9.
'Treatment' means a method technique or process designed to change the physical, chemical or biological
characteristics or composition of hazardous wastes so as to render them harmless10.
1 Hazardous Wastes (Management and Handling) Rules 1989 r 3(e).
2 Hazardous Wastes (Management and Handling) Rules 1989 r 3(g).
3 Hazardous Wastes (Management and Handling) Rules 1989 r 3(k).
4 Hazardous Wastes (Management and Handling) Rules 1989 r 3(j)
5 Hazardous Wastes (Management and Handling) Rules 1989 r 3(m).
6 Hazardous Wastes (Management and Handling) Rules 1989 r 3(p).
7 Hazardous Wastes (Management and Handling) Rules 1989 r 3(q).
8 Hazardous Wastes (Management and Handling) Rules 1989 r 3(t).
9 Hazardous Wastes (Management and Handling) Rules 1989 r 3(v).
10 Hazardous Wastes (Management and Handling) Rules 1989 r 3(w).

HAZARDOUS SUBSTANCES/B. HAZARDOUS WASTES/(ii) Duty of Occupier and Operator/[135.219] Duty
of occupier and operator of a facility
157 27
Page
[135.219] Duty of occupier and operator of a facility The occupier1 generating hazardous wastes and the
operator2 of a facility3 are responsible for the proper collection, reception, treatment4, storage5 and disposal6
of hazardous wastes7. They are required to take all necessary steps to ensure that hazardous wastes are
handled properly and disposed of without any adverse effect to the environment8. The duties of the occupier
and the operator of a facility are as follows:
(1) taking adequate steps to contain contaminants, prevent accidents and limit their
consequences to humans and the environment while handling hazardous wastes9; and
(2) recruiting persons working on the site with information, training and equipment necessary to
ensure their safety10.
Hence, the hazardous industries in New Delhi that did not conform to the city plan in terms of the location
were required to relocate in industrial zones outside the metropolitan area11.
2 As to the meaning of an 'operator of a facility' see [135.218].
3 As to the meaning of a 'facility' see [135.218].
4 As to the meaning of 'treatment' see [135.218].
5 As to the meaning of 'storage' see [135.218].
7 See the Hazardous Wastes (Management and Handling) Rules 1989 r 4(1).
8 See the Hazardous Wastes (Management and Handling) Rules 1989 r 4(3).
9 Hazardous Wastes (Management and Handling) Rules 1989 r 4A(i).
10 Hazardous Wastes (Management and Handling) Rules 1989 r 4A(ii).
11 M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India (2001) 4 Scale 105. See generally [165]
INDUSTRIAL LAW.

HAZARDOUS SUBSTANCES/B. HAZARDOUS WASTES/(iii) Import and Export/[135.220] Import and export
of hazardous wastes
[135.220] Import and export of hazardous wastes The import1 of hazardous wastes2 into India and
export3 of hazardous wastes from India for dumping and disposal are prohibited4. The import and export of
hazardous wastes for the purposes of recycling and reuse is permitted, subject to the prescribed
safeguards5. The Ministry of Environment and Forests at the Centre is designated as the nodal agency to
permit trans-boundary movement of hazardous wastes6 The rules provide for the consequences of illegal
traffic in hazardous wastes and the liability of occupiers7, transporters8 and operators of a facility9 where
damage has resulted from improper handling10 or disposal of hazardous wastes11.
1 As to the meaning of 'import' see [135.218].
2 As to the categories of hazardous wastes see [135.216].
3 As to the meaning of 'export' see [135.218].

158 28
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4 See the Hazardous Wastes (Management and Handling) Rules 1989 r 11. The import of hazardous wastes was initially
banned through judicial orders until comprehensive amendments to the rules strengthened the regulations governing the
trans-boundary movement of hazardous water: Research foundation for Science, Technology and Natural Resource Policy v
Union of India Research foundation for Science, Technology and Natural Resource Policy v Union of India Research foundation
for Science, Technology and Natural Resource Policy v Union of India (1997) 5 Scale 495; Research foundation for Science,
Technology and Natural Resource Policy v Union of India Research foundation for Science, Technology and Natural Resource
Policy v Union of India Research foundation for Science, Technology and Natural Resource Policy v Union of India (2002) 2
Scale 73; Research foundation for Science, Technology and Natural Resource Policy v Union of India Research foundation for
Science, Technology and Natural Resource Policy v Union of India Research foundation for Science, Technology and Natural
Resource Policy v Union of India (2001) 5 Scale 18; Research foundation for Science, Technology and Natural Resource
Policy v Union of India Research foundation for Science, Technology and Natural Resource Policy v Union of India Research
foundation for Science, Technology and Natural Resource Policy v Union of India (2000) 9 SCC 41; Research foundation for
Science, Technology and Natural Resource Policy v Union of India Research foundation for Science, Technology and Natural
Resource Policy v Union of India Research foundation for Science, Technology and Natural Resource Policy v Union of India
(2000) 9 SCC 311; Research foundation for Science, Technology and Natural Resource Policy v Union of India Research
foundation for Science, Technology and Natural Resource Policy v Union of India Research foundation for Science, Technology
and Natural Resource Policy v Union of India (1999) 1 SCC 223; Research foundation for Science, Technology and Natural
Resource Policy v Union of India Research foundation for Science, Technology and Natural Resource Policy v Union of India
Research foundation for Science, Technology and Natural Resource Policy v Union of India (1999) 6 Scale 345; Research
foundation for Science, Technology and Natural Resource Policy v Union of India Research foundation for Science, Technology
and Natural Resource Policy v Union of India Research foundation for Science, Technology and Natural Resource Policy v
Union of India (1999) 7 Scale 612.
5 See the Hazardous Wastes (Management and Handling) Rules 1989rr 12-14.
6 As to the meaning of 'transboundary movement' see [135.218].
8 As to the meaning of a 'transporter' see [135.218].
9 As to the meaning of an 'operator of a facility' see [135.218].

HAZARDOUS SUBSTANCES/C. HAZARDOUS CHEMICALS/(i) Generally/[135.221] Legislation
[135.221] Legislation The Manufacture, Storage and Import of Hazardous Chemicals Rules 1989 apply to
industries that use or store certain hazardous chemicals1. The designated government authorities2 are
required to perform the duties specified in respect of its authority3.
1 See the Manufacture, Storage and Import of Hazardous Chemicals Rules 1989rr 2(e), 4(1)andSchs 1, 2 3. As to the meaning
of 'hazardous chemicals' see [135.222].
2 See the Manufacture, Storage and Import of Hazardous Chemicals Rules 1989 r 2(b).
3 See the Manufacture, Storage and Import of Hazardous Chemicals Rules 1989 r 3 Sch 5.

HAZARDOUS SUBSTANCES/C. HAZARDOUS CHEMICALS/(i) Generally/[135.222] Important definitions
159 29
Page
[135.222] Important definitions The Manufacture, Storage and Import of Hazardous Chemicals Rules 1989
assigns the following meaning to the following expressions:
The expression 'hazardous chemical' means any chemical specified in the Manufacture, Storage and Import
of Hazardous Chemicals Rules 19891.
An 'industrial activity' means:
(1) an operation or process carried out in an industrial installation involving or likely to involve one
or more or hazardous chemicals and includes on-site storage or on-site transport which is
associated with that operation or process, as the case may be2; or
(2) an isolated storage3; or
(3) a pipeline4.
An 'isolated storage' means storage of a hazardous chemical, other than the storage associated with an
installation on the same site where that storage involves atleast the quantities of that chemical5.
A 'pipeline' means a pipe or a system of pipes together with any apparatus and work associated with it for the
conveyance of a hazardous chemical, other than a flammable gas at a pressure of less than eight bars
absolute. The pipeline also includes inter-state pipelines6.
A 'major accident' means an accident involving loss of life, inside or outside the installation or ten or more
injuries inside and/or one or more injuries outside or release of toxic chemicals, explosion, fire or spillage of
hazardous chemicals resulting in on-site or off-site emergencies or damage to equipment resulting in
stoppage of process or adverse effects to the environment7.
1 The expression 'hazardous chemicals' means:
(1) any chemical which satisfies any of the criteria laid down in Sch 1 Pt 1 and is listed in Sch 1 Pt 2 col 2;
(2) any chemical listed in Sch 2 col 2;
(3) any chemical listed in Sch 2 col 3: Manufacture, Storage and Import of Hazardous Chemicals Rules 1989 r
2(e)andSchs 1, 2 3.
2 Manufacture, Storage and Import of Hazardous Chemicals Rules 1989 r 2(h)(i).
3 Manufacture, Storage and Import of Hazardous Chemicals Rules 1989 r 2(h)(ii). As to the meaning of an 'isolated storage' see
text to note 5 above.
4 Manufacture, Storage and Import of Hazardous Chemicals Rules 1989 r 2(h)(iii). As to the meaning of a 'pipeline' see text to
note 6 above.
5 Manufacture, Storage and Import of Hazardous Chemicals Rules 1989 r 2(i).
6 Manufacture, Storage and Import of Hazardous Chemicals Rules 1989 r 2(k)
7 Manufacture, Storage and Import of Hazardous Chemicals Rules 1989 r 2(j).

HAZARDOUS SUBSTANCES/C. HAZARDOUS CHEMICALS/(ii) Duty of Designated Authority/[135.223]
Duty of designated authority and occupier
[135.223] Duty of designated authority and occupier The central and the state pollution control boards
are required to enforce government directives and procedures pertaining to the storage of hazardous
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chemicals and the district collector or other designated authority is required to prepare off-site emergency
plans to deal with major accidents1. Each of the designated authorities is required to inspect the industrial
activity2 in question at least once in a calendar year and annually report to the Ministry of Environment and
Forests at the Centre on the occupier's compliance with the rules3.
The responsibility of preparing and updating the on-site emergency plans rests with the occupier4 who
controls the industrial activity5. An occupier who has control of an industrial activity must provide evidence to
show that he has:
(1) identified the major accident hazards6; and

(2) taken adequate steps to:
(a) prevent such major accidents and limit their consequences to persons and the
environment7;
(b) provide people, working on the site, with the information, training and equipment
including antidotes necessary to ensure their safety8.
The designated authorities are required to inform the occupier about any lacunae in the system that require
rectification to avoid major accidents9. The occupier is required to obtain site approval before commencing
any industrial activity10 and commissioning an independent annual safely audit of the industrial activity11.
1 See the Manufacture, Storage and Import of Hazardous Chemicals Rules 1989 r 14 Sch 5. As to the meaning of 'major
accidents' see [135.222].
2 As to the meaning of an 'industrial activity' see [135.222]. See generally [165] INDUSTRIAL LAW.
3 See the Manufacture, Storage and Import of Hazardous Chemicals Rules 1989 r 3.
4 As to the meaning of 'occupier' see [135.188].
6 Manufacture, Storage and Import of Hazardous Chemicals Rules 1989 r 4(2)(a).
7 Manufacture, Storage and Import of Hazardous Chemicals Rules 1989 r 4(2)(b)(i).
8 Manufacture, Storage and Import of Hazardous Chemicals Rules 1989 r 4(2)(b)(ii).
9 See the Manufacture, Storage and Import of Hazardous Chemicals Rules 1994 r 5(5).
11 See the Manufacture, Storage and Import of Hazardous Chemicals Rules 1994rr 10(4)-(7).

HAZARDOUS SUBSTANCES/C. HAZARDOUS CHEMICALS/(iii) Import and Export/[135.224] Import of
hazardous chemicals
[135.224] Import of hazardous chemicals The importer of hazardous chemicals1 into India must disclose
complete product safety information2. Where the imported chemical is likely to cause a major accident3, the
designated authorities are empowered to issue directions4 that may include an order to stop import5. The
importer is also obliged to ensure that the transport of chemicals from the port of entry accords with the
Central Motor Vehicle Rules 19896.
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Page
1 As to the meaning of 'hazardous chemicals' see [135.222].
2 See the Manufacture, Storage and Import of Hazardous Chemicals Rules 1994 r 18(2)(v).
3 Manufacture Storage and Import of Hazardous Chemicals Rules 1994 r 18(3).
4 As to the meaning of a 'major accident' see [135.222].
5 Manufacture, Storage and Import of Hazardous Chemicals Rules 1994 r 18(3A).
6 Manufacture, Storage and Import of Hazardous Chemicals Rules 1989 r 18(6) (see generally [220] MOTOR VEHICLES).

HAZARDOUS SUBSTANCES/D. CHEMICAL ACCIDENTS/[135.225] Legislation, scope and object
[135.225] Legislation, scope and object The Chemical Accidents (Emergency Planning, Preparedness and
Response) Rules 1996 seek to strengthen the administrative response to hazardous substance accidents.
The rules require the Central Government and the state governments to constitute crises groups at the
national, states, district and the local levels1. The functions of the central crises group are as follows:
(1) to continuously monitor the post accident situation arising out of a major chemical accident and
suggest measures to prevent and check recurrence of such accidents2;
(2) to conduct a post-accident analysis of major chemical accidents and evaluate the response3;
(3) to review district off-site emergency plans with a view to examine their adequacy in
accordance with the Manufacture, Storage and Import of Hazardous Chemicals Rules 1989
and suggest measures to reduce risks in the industrial pockets4;
(4) to review the progress reports submitted by the state crises groups5;
(5) to respond to the queries addressed to it by the state crises groups and the district crises
groups6;
(6) to publish a state-wise list of experts and officials who are concerned with the handling of
chemical accidents7; and
(7) to render all financial and infrastructural help as may be necessary in the event of a chemical
accident in a state8.
A state crises group is required to assist the respective state government in managing chemical accidents
and in planning mitigating measures when accidents occur9. The district and local crises groups are required
to conduct at least one mock drill of a chemical accident each year to strengthen the local response
machinery10. The local crises groups are required to integrate the local emergency plans with the districts'
off-site emergency plans prepared under the Manufacture, Storage and Import of Hazardous Chemical Rules
198911. The rules require each crises groupto provide information on request to the members of the public
regarding the prevention, preparedness and mitigation of chemical accidents12.
1 See the Environment (Protection) Act 1986 ss 6, 8 and 25 (see [135.191] and [135.208]).
2 Chemical Accidents (Emergency Planning, Preparedness and Response) Rules 1996 r 5(2)(a).
3 Chemical Accidents (Emergency Planning, Preparedness and Response) Rules 1996 r 5(2)(b).
4 Chemical Accidents (Emergency Planning, Preparedness and Response) Rules 1996 r 5(2)(c). See generally [165]
INDUSTRIAL LAW.
5 Chemical Accidents (Emergency Planning, Preparedness and Response) Rules 1996 r 5(2)(d).
6 Chemical Accidents (Emergency Planning, Preparedness and Response) Rules 1996 r 5(2)(e).
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7 Chemical Accidents (Emergency Planning, Preparedness and Response) Rules 1996 r 5(2)(f).
8 Chemical Accidents (Emergency Planning, Preparedness and Response) Rules 1996 r 5(2)(g).
9 See the Chemical Accidents (Emergency Planning, Preparedness and Response) Rules 1996 r 7.
10 See the Chemical Accidents (Emergency Planning, Preparedness and Response) Rules 1996rr 9(2)(f)and10(2)(c).
11 See the Chemical Accidents (Emergency Planning, Preparedness and Response) Rules 1996 r 10 (2) (b). Also see
Manufacture, Storage and Import of Hazardous Chemicals Rules 1989 r 14.
12 See the Chemical Accidents (Emergency Planning, Preparedness and Response) Rules 1996 r 13.

HAZARDOUS SUBSTANCES/E. HAZARDOUS MICRO-ORGANISMS/[135.226] Legislation scope and
object
[135.226] Legislation scope and object Rules for the Manufacture, Use, Import, Export and Storage of
Hazardous Micro-organisms, Genetically Engineered1 Organisms or Cells 1989 apply to the manufacture,
import and storage of micro-organisms2 and gene technology3 products4. The rules are administered by
expert committees5.
2 As to the meaning of 'micro organism' see [135.227].
3 As to the meaning of 'gene technology' see [135.227].
4 See the Rules for the Manufacture, Use, Import, Export and Storage of Hazardous Micro-organisms, Genetically or
Engineered Organisms or Cells 1989 r 2(1).
5 See the Rules for the Manufacture, Use, Import, Export and Storage of Hazardous Micro-organisms, Genetically or
Engineered Organisms or Cells 1989 r 4(4).

HAZARDOUS SUBSTANCES/E. HAZARDOUS MICRO-ORGANISMS/[135.227] Important definitions
[135.227] Important definitions The Manufacture, Use, Import, Export and Storage of Hazardous
Micro-organisms, Genetically or Engineered Organisms or Cells 1989 defines the following terms thus:
'Gene technology' means the allocation of the gene techniques called genetic engineering and includes
self-cloning, deletion and cell hybridisation1.
'Genetic engineering' is the technique by which heritable materials which does not usually occur and will not
occur naturally in the organism or cell concern, generated outside the organism of the cell is inserted into the
said cell or organism. It also means the formation of new combinations of genetic material by incorporation of
a cell into a host cell where they occur naturally as well as modification of an organism or a cell by deletion
and removal of parts of the heritable material2.
'Micro organism' includes all the bacteria viruses, fungi, mycoplasma, cell lines, algae, protazoans and
neamatodes indicated in the schedule to the rules and those that have not been presently known to exist in
India3.
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1 Rules for the Manufacture, Use, Import, Export and Storage of Hazardous Microorganisms Genetically Engineered Organisms
or Cells 1989 r 3(iii).
2 Rules for the Manufacture, Use, Import, Export and Storage of Hazardous Microorganisms, Genetically or Engineered
Organisms or Cells 1989 r 3(iv).
3 Rules for the Manufacture, Use, Import, Export and Storage of Hazardous Microorganisms, Genetically Engineered
Organisms or Cells 1989 r 3(v).

HAZARDOUS SUBSTANCES/E. HAZARDOUS MICRO-ORGANISMS/[135.228] Prohibition on import and
export
[135.228] Prohibition on import and export The import, export, transport, manufacture, processing, use or
sale of any hazardous microorganism1 or genetically engineered2 organism or substance is prohibited
except with the approval of the Genetic Engineering Approval Committee3. The district level committee
chaired by the district collector must prepare off-site emergency plans to contain major accidents caused by
the escape of harmful micro-organisms4.
1 As to the meaning of 'micro organism' see [135.227].
2 As to the meaning of 'genetic engineering' see [135.227].
3 See the Rules for the Manufacture, Use, Import, Export and Storage of Hazardous Micro-organisms, Genetically Engineered
Organisms or Cells 1989 r 7.
4 See the Rules for the Manufacture, Use, Import, Export and Storage of Hazardous Micro-organisms, Genetically Engineered
Organisms or Cells 1989 r 17.

HAZARDOUS SUBSTANCES/F. BIO-MEDICAL WASTES/[135.229] Legislation, scope and object
[135.229] Legislation, scope and object Hospitals, clinics, blood banks, veterinary institutions and other
organisations generating bio-medical waste1 are regulated through a licensing and reporting system under
the Bio-Medical Waste (Management and Handling) Rules 1998. The rules require segregation, packing and
disposal of the designated categories of biomedical waste1.
1 See the Bio-Medical Waste (Management and Handling) Rules 1998rr 5-6.

HAZARDOUS SUBSTANCES/F. BIO-MEDICAL WASTES/[135.230] Some important definitions
164 34
Page
[135.230] Some important definitions The Bio-Medical Waste (Management and Handling) Rules 1998
assigns the following meaning to the following terms:
'Bio-medical wastes' refer to wastes that are generated during the diagnosis, treatment or immunisation of
human beings or animals or in research activities pertaining to them or in the production and testing of
biologicals1 and include categories of waste listed in the rules2.
'Biologicals' refers to any preparation made from organisms or microorganisms or product of metabolism and
biochemical reactions intended to be used in the diagnosis, immunisation or the treatment of human beings
or animals or in research activities3.
1 See text to note 3 above.
2 Bio-Medical Waste (Management and Handling) Rules 1998 r 3(6).
3 Bio-Medical Waste (Management and Handling) Rules 1998 r 3(5)andSch 1.

HAZARDOUS SUBSTANCES/F. BIO-MEDICAL WASTES/[135.231] Handling of bio-medical wastes
[135.231] Handling of bio-medical wastes It is the duty of every person who has control over an institution
or premises where biomedical wastes1 are generated to handle such wastes without any adverse effect to
human health and the environment. The rules were issued by the Central Government under the
Environment (Protection) Act 19862.
1 As to the meaning of 'bio-medical wastes' see [135.230].
2 See the Environment (Protection) Act 1986 ss 6, 8 and 25 (see [135.191] and [135.208]).

HAZARDOUS SUBSTANCES/G. OZONE DEPLETING SUBSTANCES/(i) Generally/[135.232] Meaning
[135.232] Meaning 'Ozone depleting substances' refer to the substances specified in the schedule, whether
existing by themselves or in a mixture, excluding any such substance or mixture which is in a manufactured
product other than a container used for the transportation or storage of the substance1.
1 Ozone Depleting Substances (Regulation and Control) Rules 2000 r 2(i)andSch 1 column 2.

HAZARDOUS SUBSTANCES/G. OZONE DEPLETING SUBSTANCES/(i) Generally/[135.233] Regulation
and Control
165 35
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[135.233] Regulation and Control The Ozone Depleting Substances (Regulation and Control) Rules 2000
were framed pursuant to India's international obligations under the Montreal Protocol on Substances that
Deplete the Ozone Layer adopted on 16 September 19871. The rules identify ozone-depleting substances2
and regulate the production and consumption of these substances3.
1 As to international environmental treaties that India is a party to see [135.004].
2 As to the meaning of 'ozone depleting substances' see [135.232].
3 See the Ozone Depleting Substances (Regulation and Control) Rules 2000 r 3.

HAZARDOUS SUBSTANCES/G. OZONE DEPLETING SUBSTANCES/(ii) Import and Export/[135.234]
Import and export of ozone depleting substances
[135.234] Import and export of ozone depleting substances The import from and export to certain
countries of any ozone depleting substances1 is prohibited2. With regard to the other specified countries,
import and export of any ozone depleting substance is regulated by a licensing system3. Products containing
ozone depleting substances are required to be appropriately labelled4 and no new investments may be made
to establish or expand the manufacturing facilities for the production of any ozone depleting substance5. The
rules contemplate a receipt of financial and technical assistance from a multilateral fund in accordance with
the Montreal Protocol on Substances that Deplete the Ozone Layer6.
1 As to the meaning of 'ozone depleting substances' see [135.232].
4 See the Ozone Depleting Substances (Regulation and Control) Rules 2000 r 8 (2).
6 See the Ozone Depleting Substances (Regulation and Control) Rules 2000 r 9(3). As to international environmental treaties
that India is a party to see [135.004].

MUNICIPAL SOLID WASTES/[135.235] Legislation, scope and object
[135.235] Legislation, scope and object The Municipal Solid Wastes (Management and Handling) Rules
2000 apply to every municipal authority responsible for the collection, segregation, storage, transportation,
processing and disposal of municipal wastes1. The rules were framed in the course of a public interest
litigation to tackle the problem of municipal solid wastes disposal in the major cities of India2. It is not
permissible for a municipal corporation to dump garbage in a public park, in violation of the rules3. The rules
specify the responsibilities of the municipal authorities4, the state governments5 and the pollution control
boards with regard to the management and disposal of municipal solid wastes6. The rules prescribe an
implementation schedule7 and lay down procedures for the collection, transport and treatment of municipal
solid wastes8.
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1 Municipal Solid Wastes (Management and Handling) Rules 2000 r 2. As to the meaning of 'municipal solid wastes' see
[135.236].
2 Almitra H Patel v Union of India Almitra H Patel v Union of India Almitra H Patel v Union of India (1997) 6 Scale 12 (SP);
Almitra H Patel v Union of India Almitra H Patel v Union of India Almitra H Patel v Union of India (2002) 7 Scale 44; Almitra H
Patel v Union of India Almitra H Patel v Union of India Almitra H Patel v Union of India (2001) 6 Scale 398; Almitra H Patel v
Union of India Almitra H Patel v Union of India Almitra H Patel v Union of India (2000) 8 SCC 19; Almitra H Patel v Union of
India Almitra H Patel v Union of India Almitra H Patel v Union of India (2000) 2 SCC 166; Almitra H Patel v Union of India
Almitra H Patel v Union of India Almitra H Patel v Union of India (1999) 5 Scale 154; Almitra H Patel v Union of India Almitra H
Patel v Union of India Almitra H Patel v Union of India AIR 1998 SC 993 [LNIND 1998 SC 73] [LNIND 1998 SC 73] [LNIND
1998 SC 73], Almitra H Patel v Union of India Almitra H Patel v Union of India Almitra H Patel v Union of India (1998) 2 SCC
416 [LNIND 1998 SC 73] [LNIND 1998 SC 73] [LNIND 1998 SC 73], Almitra H Patel v Union of India Almitra H Patel v Union of
India Almitra H Patel v Union of India (1998) 1 UJ 240; Almitra H Patel v Union of India Almitra H Patel v Union of India Almitra
H Patel v Union of India (1997) 6 Scale 11 (SP). See generally [245] PUBLIC INTEREST LITIGATION.
3 C Uma Devi v Government of Andhra Pradesh C Uma Devi v Government of Andhra Pradesh C Uma Devi v Government of
Andhra Pradesh AIR 2001 AP 460 [LNIND 2001 AP 570] [LNIND 2001 AP 570] [LNIND 2001 AP 570], C Uma Devi v
Government of Andhra Pradesh C Uma Devi v Government of Andhra Pradesh C Uma Devi v Government of Andhra Pradesh
(2001) 5 Andh LT 307 [LNIND 2001 AP 570] [LNIND 2001 AP 570] [LNIND 2001 AP 570].
4 See the Municipal Solid Wastes (Management and Handling) Rules 2000 r 4.
7 See the Municipal Solid Wastes (Management and Handling) Rules 2000rr 4(2)-(3)andSch 1.

MUNICIPAL SOLID WASTES/[135.236] Meaning of 'municipal solid waste'
[135.236] Meaning of 'municipal solid waste' The Municipal Solid Wastes (Management and Handling)
Rules 2000 define 'municipal solid waste' as waste that includes commercial and residential wastes
generated in a municipal or notified area in either solid or semi-solid form. They exclude industrial hazardous
wastes but include treated biomedical wastes1.
1 The Municipal Solid Wastes (Management and Handling) Rules 2000 r 3(xv).

PROTECTION OF THE COAST/A. GENERALLY/[135.237] Legislation, scope and object
[135.237] Legislation, scope and object On 19 February 1991, the Central Government issued the Coastal
Regulation Zone Regulations1 (CRZ Regulations) under the Environment (Protection) Act 19862 and the
Environment (Protection) Rules 19863. The Ministry of Environment and Forests at the Centre, the
governments of the coastal states the union territories and the other designated authorities are responsible
for monitoring and enforcing the CRZ Regulations 1991 within their respective jurisdictions4. the CRZ
Regulations 1991 have an overriding effect and prevail over the law made by the legislatures of the states5
167 37
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and local town planning regulations6. The regulations operate prospectively and have no effect on the
projects that commenced before the regulations were brought into force7.
the Coastal Regulation Zone Regulations 1991 cover coastal stretches of seas, bays, estuaries, creeks,
rivers and backwaters which are influenced by tidal action upto 500 metres from the high tide line and the
land between the low tide line and the high tide line8. The distance from the high tide line extends to both
sides in the case of rivers, creeks and backwaters as notified in the coastal regulation zone management
plans. However, the zone of regulation in such cases is at least 100 metres or the width of the creek, river or
backwater whichever is less9. The amendment10 that reduced the width of the zone from 100 metres to 50
metres in respect of rivers, creeks and backwaters was held to be illegal since it was contrary to the object of
the Environment (Protection) Act 198611. Rivers, creeks and backwaters are regulated upto the distance to
which the tidal effect of the sea is experienced in the rivers, creeks or backwaters12. The CRZ Regulations
do not cover stretches of the coast that are continuously submerged both during high tide and low tide13.
The purpose of the CRZ Regulations 1991 is to protect the ecologically fragile coastal areas and to
safeguard the aesthetic qualities and uses of the sea coast14.
1 The principal notification containing the Coastal Regulation Zone Regulations 1991 was published in the Gazette of India vide
SO 114(E) (19 February 1991).
2 See the Environment (Protection) Act 1986 ss 3(1)and3(2)(v).
3 See the Environment (Protection) Rules 1986 r 5(3)(d).
4 See Coastal Regulation Zone Regulations 1991reg 4.
5 See note 11 below.
6 Overseas Chinese Cuisine (India) Pvt Ltd v Municipal Corpnof Greater Bombay Overseas Chinese Cuisine (India) Pvt Ltd v
Municipal Corpnof Greater Bombay Overseas Chinese Cuisine (India) Pvt Ltd v Municipal Corpnof Greater Bombay (1999)
(101) 3 Bom LR 610.
7 Sneha Mandal Co-operative Housing Society Ltd v Union of India Sneha Mandal Co-operative Housing Society Ltd v Union
of India Sneha Mandal Co-operative Housing Society Ltd v Union of India AIR 2000 Bom 121 [LNIND 1999 BOM 866] [LNIND
1999 BOM 866] [LNIND 1999 BOM 866]at 131, Sneha Mandal Co-operative Housing Society Ltd v Union of India Sneha
Mandal Co-operative Housing Society Ltd v Union of India Sneha Mandal Co-operative Housing Society Ltd v Union of India
(2000) 1 Bom CR 395 [LNIND 1999 BOM 866] [LNIND 1999 BOM 866] [LNIND 1999 BOM 866], Sneha Mandal Co-operative
Housing Society Ltd v Union of India Sneha Mandal Co-operative Housing Society Ltd v Union of India Sneha Mandal
Co-operative Housing Society Ltd v Union of India (2000) 1 Bom LR 13 [LNIND 1999 BOM 866] [LNIND 1999 BOM 866]
[LNIND 1999 BOM 866].
8 High tide line is the line on the land upto which the highest water line reaches during the spring tide. It must be demarcated
uniformly in all parts of the country by the demarcating authority or authorities designated by the union government: Coastal
Regulation Zone Regulations 1991reg 1.
9 The coastal states and union territory administrations are required to prepare coastal zone management plans, identifying and
classifying the areas within their respective territories and to obtain the approval of the Central Government in the Ministry of
Environment and Forests: Coastal Regulation Zone Regulations 1991reg 3(3).
10 Ie the Coastal Regulation Zone Regulations 1991 amendment dated 18 August 1994.
13 Jacob Vadakkancherry v State of Kerala Jacob Vadakkancherry v State of Kerala Jacob Vadakkancherry v State of Kerala
AIR 1998 Ker 114 [LNIND 1998 KER 10] [LNIND 1998 KER 10] [LNIND 1998 KER 10], Jacob Vadakkancherry v State of
Kerala Jacob Vadakkancherry v State of Kerala Jacob Vadakkancherry v State of Kerala (1998) AIHC 1688.
168 38
Page
14 S Jagannath v Union of India S Jagannath v Union of India S Jagannath v Union of India AIR 1997 SC 811 [LNIND 1996 SC
2974] [LNIND 1996 SC 2974] [LNIND 1996 SC 2974], S Jagannath v Union of India S Jagannath v Union of India S Jagannath
v Union of India (1997) 2 SCC 87 [LNIND 1996 SC 2974] [LNIND 1996 SC 2974] [LNIND 1996 SC 2974], S Jagannath v Union
of India S Jagannath v Union of India S Jagannath v Union of India (1997) 1 JT 160.

PROTECTION OF THE COAST/A. GENERALLY/[135.238] Important definitions
[135.238] Important definitions 'Ecologically sensitive' and important areas are identified as national parks,
marine parks, sanctuaries, reserve forests, wildlife habitats, mangroves, coral reefs, areas close to breeding
and spawning grounds of fish and other marine life, areas of outstanding natural beauty or historic
significance, heritage areas, areas rich in genetic diversity, areas likely to be inundated due to the rise in sea
level consequent upon global warming and such other areas as may be declared by the union government or
concerned authorities in the states and union territories1.
A 'developed area' means an area within the municipal limits or a legally designated urban area which is
substantially built up and which has been provided with drainage, approach roads and other infrastructure
such as water supply and sewerage mains2.
1 Coastal Regulation Zone Regulationsreg 6(1)(i).
2 Coastal Regulation Zone Regulations 1991reg 6(1).

PROTECTION OF THE COAST/B. TYPES OF ACTIVITIES/[135.239] Prohibited activities
[135.239] Prohibited activities Under the Coastal Regulation Zone Regulations 1991 ('the CRZ Regulations
1991'), certain types of activities are prohibited within the coastal regulation zone1 including the:
(1) setting up of new industries and the expansion of existing industries2;

(2) manufacture, handling, storage or disposal of hazardous substances3;
(3) setting up and expansion of fish processing units4;
(4) setting up and expansion of units for the disposal of wastes and effluents5;
(5) discharge of untreated wastes and effluents from industries, cities or towns6;
(6) dumping of city or town wastes for the purposes of land filling or otherwise7;
(7) dumping of ash or any wastes from thermal power stations8;
(8) land reclamation, bunding or disturbing the natural course of sea water9;
(9) mining of sands, rocks and other substrata materials10;
(10) harvesting or drawing of groundwater11;
(11) construction activities in ecologically sensitive areas12 specified in the CRZ Regulations
199113;
(12) construction between the low tide and the high tide line14; and
(13) dressing or altering of sand dunes, hills and natural features15.
Each of these prohibitions is made subject to specific conditions and exceptions specified in relation to the
prohibited activity16. the CRZ Regulations 1991 do not apply to railways that travel over bridges that span
rivers, creeks or seas17. Shrimp farms cannot be set up anywhere in the coastal regulation zone18.
169 39
Page
1 As to the definition of 'coastal regulation zone' see [135.241].
2 See the Coastal Regulation Zone Regulations 1991reg 2(i).
3 See the Coastal Regulation Zone Regulations 1991reg 2(ii).
4 See the Coastal Regulation Zone Regulations 1991reg 2(iii).
5 See the Coastal Regulation Zone Regulations 1991reg 2(iv).
6 See the Coastal Regulation Zone Regulations 1991reg 2(v).
7 See the Coastal Regulation Zone Regulations 1991reg 2(vi).
8 See the Coastal Regulation Zone Regulations 1991reg 2(vii).
9 See the Coastal Regulation Zone Regulations 1991reg 2(viii).
10 See the Coastal Regulation Zone Regulations 1991reg 2(ix).
11 See the Coastal Regulation Zone Regulations 1991reg 2(x).
12 As to the meaning of 'ecologically sensitive'see [135.238].
13 See the Coastal Regulation Zone Regulations 1991reg 2(xi).
14 See the Coastal Regulation Zone Regulations 1991reg 2(xii).
15 See the Coastal Regulation Zone Regulations 1991reg 2(xiii).
16 Ie the activities prohibited by the Coastal Regulation Zone Regulations 1991reg 2 (see text to notes 2-15 above).
17 Goa Foundation v Konkan Railway Corpn Goa Foundation v Konkan Railway Corpn Goa Foundation v Konkan Railway
Corpn AIR 1992 Bom 471 [LNIND 1992 BOM 267] [LNIND 1992 BOM 267] [LNIND 1992 BOM 267]at 476.
18 S Jagannath v Union of India S Jagannath v Union of India S Jagannath v Union of India AIR 1997 SC 811 [LNIND 1996 SC
2974] [LNIND 1996 SC 2974] [LNIND 1996 SC 2974], S Jagannath v Union of India S Jagannath v Union of India S Jagannath
v Union of India (1997) 2 SCC 87 [LNIND 1996 SC 2974] [LNIND 1996 SC 2974] [LNIND 1996 SC 2974], S Jagannath v Union
of India S Jagannath v Union of India S Jagannath v Union of India (1997) 1 JT 160.

PROTECTION OF THE COAST/B. TYPES OF ACTIVITIES/[135.240] Regulated activities
[135.240] Regulated activities Generally under the Coastal Regulation Zone Regulations 1991 ('the CRZ
Regulations 1991'), only such activities that require water front and foreshore facilities are permitted in the
coastal regulation zone1. The Ministry of Environment and Forests at the Centre is empowered to grant
environmental clearance in respect of the following activities:
(1) construction activities related to defence requirements for which foreshore facilities are
essential, except classified operations2;
(2) operational constructions for ports, harbours, lighthouses and constructions for activities such
as jetties, wharves, quays and slipways3;
(3) exploration and extraction of oil and natural gas and all associated activities and facilities4;
(4) foreshore facilities for transport of raw materials, facilities for intake of cooling water and
discharge of treated waste water/cooling water from the thermal power plants5;
(5) other activities where the investment exceeds Rs 5 crores except such activities as are
regulated by the state government or union territory6; and
(6) beach resorts and hotels7 in areas classified as CRZ-II188.
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Development activity within the coastal regulation zone other than activities that are specifically prohibited9
or which require Central Government clearance10 are required to be regulated by the state government,
union territory administration or local authority within the frame work of the approved coastal zone
management plans11.
1 See Coastal Regulation Zone Regulations 1991reg 3(i). As to the meaning of 'coastal regulation zone' see [135.241].
2 See Coastal Regulation Zone Regulations 1991reg 3(2)(i).
3 See Coastal Regulation Zone Regulations 1991reg 3(2)(ii).
4 See Coastal Regulation Zone Regulations 1991reg 3(2)(ii)(a).
5 See Coastal Regulation Zone Regulations 1991reg 3(2)(iii).
6 See Coastal Regulation Zone Regulations 1991reg 3(2)(iv).
8 As to classification of coastal regulation zone see [135.241].
10 As to activities that are specifically prohibited see [135.239].
11 See Coastal Regulation Zone Regulations 1991reg 3(3).

PROTECTION OF THE COAST/C. COASTAL REGULATION ZONES/[135.241] Classification of coastal
regulation zones
[135.241] Classification of coastal regulation zones The coastal regulation zone1 is classified into four
categories for the purposes of regulating developmental activity under the Coastal Regulation Zone
Regulations 1991 ('the CRZ Regulations 1991') category I, that is, CRZ-I comprise:
(1) areas that are ecologically sensitive and important such as national parks, marine parks,
sanctuaries, reserved forests, wildlife habitats, mangroves, corals, coral reefs, areas of
outstanding natural beauty, heritage areas, areas rich in genetic diversity areas likely to be
inundated due to a rise in the sea level consequent upon global warming and such other areas
as may be declared from time to time by the Central Government or the concerned authorities
at the state or union territory level2; and
(2) areas between the low tide and the high tide line3.
Areas that have already been developed4 either upto or close to the shoreline are classified as category II or
CRZ-II areas.
Areas that are relatively undisturbed and which do not belong to either CRZ-I or CRZ-II are classified as
category III or CRZ-III areas. This category includes rural areas and also areas within the municipal limits
that have not been developed substantially.
Coastal stretches in the Andaman and Nicobar, Lakshadweep and small islands are classified as Category
IV or CRZ-IV areas5.
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Page
1 As to the meaning of 'coastal regulation zone' see [135.241].
2 Coastal Regulation Zone Regulations 1991reg 6(1)(i).
3 Coastal Regulation Zone Regulations 1991reg 6(1)(ii).
4 As to the meaning of a 'developed area' see [135.238].

PROTECTION OF THE COAST/C. COASTAL REGULATION ZONES/[135.242] Restrictions on construction
in coastal regulation zone
[135.242] Restrictions on construction in coastal regulation zone Restrictions on development and

construction activities are specified for each category of the coastal regulation zone. Subject to certain
exceptions, no new construction is permitted in the Coastal Regulation Zone I (CRZ-I) areas. Construction
activity in the Coastal Regulation Zone II (CRZ-II) must conform to the 'floor space index' or floor area ratio
norm that existed on the date of the CRZ Regulations1. Construction on a plot in the Coastal Regulation
Zone Regulations 1991-II zone is permitted on the landward side of an imaginary building line that connects
the structures on adjacent plots. However, if a structure crosses the imaginary building lines, it would
contravene the Coastal Regulation Zone Regulations 19912. The norms for development activities in Coastal
Regulation Zone III (CRZ-III) areas are more stringent than those prescribed for CRZ-II areas. The
construction of beach resorts and hotels falling in CRZ-III areas requires the prior approval of the Ministry of
Environment and Forests at the Centre. Moreover, such beach resorts and hotels are required to conform to
the prescribed development guidelines3. Hence, construction of a hotel within the CRZ-III areas is
permissible where the Central Government clears the project after taking environmental considerations into
account4. A special set of development norms is prescribed for coastal stretches in the islands classified
under the Coastal Regulation Zone IV (CRZ-IV)5.
1 Overseas Chinese Cuisine (India) Pvt Ltd v Municipal Corpn of Greater Mumbai Overseas Chinese Cuisine (India) Pvt Ltd v
Municipal Corpn of Greater Mumbai Overseas Chinese Cuisine (India) Pvt Ltd v Municipal Corpn of Greater Mumbai (1999)
(101) 3 Bom LR 610.
2 Sneha Mandal Co-operative Housing Society Ltd v Union of India Sneha Mandal Co-operative Housing Society Ltd v Union
of India Sneha Mandal Co-operative Housing Society Ltd v Union of India AIR 2000 Bom 121 [LNIND 1999 BOM 866] [LNIND
1999 BOM 866] [LNIND 1999 BOM 866]at 129, Sneha Mandal Co-operative Housing Society Ltd v Union of India Sneha
Mandal Co-operative Housing Society Ltd v Union of India Sneha Mandal Co-operative Housing Society Ltd v Union of India
(2000) 1 Bom LR 13 [LNIND 1999 BOM 866] [LNIND 1999 BOM 866] [LNIND 1999 BOM 866].
4 Goa Foundation, Goa v Diksha Holdings Pvt Ltd Goa Foundation, Goa v Diksha Holdings Pvt Ltd Goa Foundation, Goa v
Diksha Holdings Pvt Ltd [2001] 4 LRI 1099, Goa Foundation, Goa v Diksha Holdings Pvt Ltd Goa Foundation, Goa v Diksha
Holdings Pvt Ltd Goa Foundation, Goa v Diksha Holdings Pvt Ltd AIR 2001 SC 184 [LNIND 2000 SC 1499] [LNIND 2000 SC
1499] [LNIND 2000 SC 1499], Goa Foundation, Goa v Diksha Holdings Pvt Ltd Goa Foundation, Goa v Diksha Holdings Pvt
Ltd Goa Foundation, Goa v Diksha Holdings Pvt Ltd (2001) 2 SCC 97 [LNIND 2000 SC 1499] [LNIND 2000 SC 1499] [LNIND
2000 SC 1499].

172 42
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PROTECTION OF THE COAST/D. COASTAL AUTHORITIES/[135.243] Types of coastal authorities
[135.243] Types of coastal authorities The Central Government constituted the National Coastal Zone
Management Authority1 and separate coastal zone management authorities for each coastal state and union
territory on 26 November 19982. These authorities were established on the recommendation of the Supreme
Court3, by the Central Government in the exercise of its powers under the Environment (Protection) Act
19864. Initially the coastal authorities had a term of two years. However, the term has been extended to a
period of three years since 3 January 20025.
1 SO 991(E) (26 November 1998); Also see SO 17 (E) (8 January 2001) for the reconstituted National Coastal Zone
Management Authority.
2 Andaman&Nicobar Islands Coastal Zone Management Authority SO 992(E) (26 November 1998); Andhra Pradesh Coastal
Zone Management Authority SO 993(E) (26 November 1998); Tamil Nadu Coastal Zone Management Authority SO 994(E) (26
November 1998): Goa Coastal Zone Management Authority SO 995(E) (26 November 1998): Pondicherry Coastal Zone
Management Authority SO 996(E) (26 November 1998); West Bengal Coastal Zone Management Authority SO 997(E) (26
November 1998); Daman and Diu Islands Coastal Zone Management Authority SO 998(E) (26 November 1998): Gujarat
Coastal Zone Management Authority SO 999(E) (26 November 1998): Karnataka Coastal Zone Management Authority SO
1000(E) (26 November 1998): Kerala Coastal Zone Management Authority SO 1001(E) (26 November 1998); Lakshadweep
Islands Coastal Zone Management Authority SO 1002(E) (26 November 1998): Maharashtra Coastal Zone Management
Authority SO 1003(E) (26 November 1998): Orissa Coastal Zone Management Authority SO 1004(E) (26 November 1998).
4 See the Environment (Protection) Act 1986 ss 3(1)and(3). Also see [135.190] and following.
5 Gujarat Coastal Management Authority SO 16(E) (4 January 2002); Daman and Diu Coastal Management Authority SO 17(E)
4 January 2002; Maharashtra Coastal Management Authority SO 18(E) (4 January 2002); Goa Coastal Management Authority
SO 19 (E) (4 January 2002); Kerala Coastal Management Authority SO 20(E) (4 January 2002); Karnataka Coastal
Management Authority SO 21(E) (4 January 2002); Pondicherry Coastal Management Authority SO 22(E) (4 January
2002):Tamil Nadu Coastal Management Authority SO 23(E) (4 January 2002); Orissa Coastal Management Authority SO 24(E)
(4 January 2002): West Bengal Coastal Management Authority SO 25(E) (4 January 2002); Lakshadweep Coastal
Management Authority SO 26(E) (4 January 2002): Andhra Pradesh Coastal Management Authority SO 27(E) (4 January
2002); Andaman and Nicobar Coastal Management Authority SO 28(E) (4 January 2002).

PROTECTION OF THE COAST/D. COASTAL AUTHORITIES/[135.244] Powers and functions of the
national authority
[135.244] Powers and functions of the national authority The National Coastal Zone Management
Authority which has its headquarters at Delhi1, is empowered to take the following steps:
(1) to protect and improve the quality of the coastal environment; and
(2) to prevent, abate and control environmental pollution in the coastal areas:
(a) to co-ordinate the actions of the state and the union territory coastal zone management
authorities2;
(b) to examine the proposals for changes and modifications in the classification of coastal
regulation zone3 areas and in the coastal zone management plans and make
recommendations to the Central Government in that behalf;
(c) to inquire into and review the cases that violate the provisions of the Environment
(Protection) Act 1986 and rules framed under that Act and issue appropriate directions
173 43
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under the Act4.

(d) to file complaints under the Environment (Protection) Act 19865 in respect of
non-compliance of directions issued by the National Coastal Zone Management
Authority; and
(e) to verify the facts in respect of the issues arising in the discharge of its functions6.
In addition to the abovementioned powers, the Coastal Zone Management Authority is empowered to do the
following:
(i) to provide technical assistance and guidance to the state governments, union territory
administrations, state and union territory coastal zone management authorities and other
organisations in matters relating to the protection and improvement of the coastal
environment7;
(ii) to examine and accord its approval to management plans relating to the coast8;
(iii) to advise the Central Government on policy, planning, research, development and in setting
up centres of excellence in matters relating to coastal regulation zone management9;
(iv) to deal with all environmental issues relating to the coastal regulation zone that are referred to
it by the Central Government10;
(v) to furnish a report of its activities and the activities of the state and union territory coastal zone
management authorities at least once in a six months to the Central Government11.
The powers and functions of the Authority are made subject to the supervision and control of the Central
Government12.
1 SO 991(E) (26 November 1998) para 9. Also see SO 17 (E) (8 January 2001) for the reconstituted National Coastal Zone
Management Authority.
2 As to coastal authorities see [135.243].
3 As to the classification of coastal regulation zone see [135.241].
4 See the Environment (Protection) Act 1986 s 5 (see [135.200]).
5 See the Environment (Protection) Act 1986 s 19 (see [135.212]).
6 SO 991(E) (26 November 1998) para 2.
9 SO 991(E) (26 November 1998) para 5

PROTECTION OF THE COAST/D. COASTAL AUTHORITIES/[135.245] Powers and functions of state
authorities
174 44
Page
[135.245] Powers and functions of state authorities The coastal zone management authorities constituted
for the coastal states, coastal union territories and specified islands are empowered by the terms of their
respective notifications to take similar measures as the National Coastal Zone Management Authority and to
protect and improve the quality of the coastal environment and prevent, abate and control environmental
pollution in coastal areas within their respective jurisdictions1.
1 See [135.243] notes 2 and 4.

ENVIRONMENT IMPACT ASSESSMENT/A. GENERALLY/[135.246] Legislation, scope and object
[135.246] Legislation, scope and object the Environment Impact Regulations 1994 ('the EIA Regulations
1994') were issued under the Environment (Protection) Act 19861. The EIA Regulations 1994 are prospective
and the prescribed procedure does not apply to projects that commenced prior to 27 January 19942.
The EIA Regulations cover 30 specified industries3. The Ministry of Environment and Forests at the Centre is
the impact assessment agency4 responsible for conducting the environment impact assessment and
granting project clearance in respect of the specified industries5. The Central Government, in the exercise of
its powers under the Environment (Protection) Act 19866, has delegated the responsibility for granting
environmental clearance in respect of certain types of thermal power projects to the state governments7.
Every new designated project and every expansion or modernisation of an existing designated project,
where the pollution load after the expansion or modernisation would exceed the existing pollution load, is
required to obtain environmental clearance from the Central Government in accordance with the procedure
prescribed in the EIA Regulations 19948. The construction work relating to the setting up of the project is
prohibited until environmental and site clearance is obtained9.
1 See the Environment (Protection) Act 1986 ss 3(1)and3(2)(v) (see [135.190]).
3 See the Environment Impact Regulations 1994paras 1, 2,andSch 1.
4 As to impact assessment agency see [135.248].
5 See the Environment Impact Regulations 1994para 2(iii).
6 See the Environment (Protection) Act 1986 ss 3(1)and23 (see [135.190] and [135.193]).
7 SO 319(E) (10 April 1997).
8 See the Environment Impact Regulations 1994para 1.
9 See the Environment Impact Regulations 1994para 2(3A).

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ENVIRONMENT IMPACT ASSESSMENT/B. PUBLIC HEARING/[135.247] Mandatory public hearing
[135.247] Mandatory public hearing the Environment Impact Regulations 1994 ('the EIA Regulations
1994') mandate a public hearing1 and require the project authority to submit an environmental impact
assessment report, an environment management plan and details of the public hearing to the impact
assessment agency2. In certain cases, the impact assessment agency may obtain the opinion of a
committee of experts3. The venue of the public hearing must be near the site of the proposed project. A
public notice of the hearing must be published in at least two newspapers, one of which must be in the
vernacular language of the locality and widely circulated in the region around the project. The first public
hearing must be held at least 30 days after the newspaper notice. A summary of the environmental impact
assessment report in the local language and the report itself must be made available to the concerned
citizens4. The minutes of the public hearing must be supplied to citizens at their request and the gist of the
environmental clearance must be published in the newspaper in which the notice of the public hearing was
given5.
1 the Environment Impact Regulations 1994para 2(1)andSch 4.
2 the Environment Impact Regulations 1994para 2(1).
3 the Environment Impact Regulations 1994para 2(3)(a).
4 the Environment Impact Regulations 1994paras 2(1), 2(2)andSch 4.
5 Centre for Social Justice v Union of India Centre for Social Justice v Union of India Centre for Social Justice v Union of India
AIR 2001 Guj 71 [LNIND 2000 GUJ 107] [LNIND 2000 GUJ 107] [LNIND 2000 GUJ 107].

ENVIRONMENT IMPACT ASSESSMENT/C. IMPACT ASSESSMENT AGENCY/[135.248] Duties of the
impact assessment agency
[135.248] Duties of the impact assessment agency The impact assessment agency is required to
complete the assessment regarding environmental impact within a period of 90 days from the receipt of the
requisite documents and data from the project authority1 and completion of public hearing2 and is required to
convey its decision within a period of 30 days thereafter3. In order to enable the impact assessment agency
to effectively monitor the implementation of recommendations and conditions, subject to which environmental
clearance is given, the project authority must submit half-yearly reports to it4. An environmental clearance
granted under the Environment Impact Regulations 1994 is valid for a period of five years from the
commencement of construction or operation of the project5.
1 Environment Impact Regulations 1994para 2(3)(c).
2 See [135.247]
3 Environment Impact Regulations 1994para 2(4).
4 See [135.246]
5 Environment Impact Regulations 1994para 2(3)(c).

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ENVIRONMENT IMPACT ASSESSMENT/D. APPEAL/[135.249] Appeal against orders of impact
assessment agency
[135.249] Appeal against orders of impact assessment agency A person aggrieved by an order granting
environmental clearance under the Environment Impact Regulations 1994 (EIA Regulations 1994) is entitled
to prefer an appeal before the National Environment Appellate Authority1. A petition challenging an
infrastructure project on environmental grounds must be made within a reasonable period of the
environmental clearance being granted. Where the petition is filed at a belated stage after vast amounts
have been expended on the project, the petition is liable to be rejected on the ground of laches. The role of
the courts in reviewing infrastructural projects is limited. The conception of a project, the decision to
undertake a project and the manner of executing the project are policy decisions. A court will not transgress
into the field of policy decisions. Where the system for execution is not arbitrary, the only role of the court is
to ensure that the system works in the manner envisaged2.
1 See the National Environment Appellate Authority Act 1997 s 11.
Union of India (2000) 7 Scale 34 [LNIND 2000 SC 1361] [LNIND 2000 SC 1361] [LNIND 2000 SC 1361]. As to jurisdiction of
courts generally [100] COURTS.

NOISE POLLUTION/A. GENERALLY/[135.250] Legislation, scope and object
[135.250] Legislation, scope and object The Noise Pollution (Regulation and Control) Rules 2000 were
framed by the Central Government in the exercise of its powers under the Environment (Protection) Act
19861.
Noise adversely affects vulnerable sections of society such as the aged and the children. Noise may cause
hearing loss or deafness, high blood pressure, depression, fatigue and annoyance2. Excessive noise can
increase cardiac ailments and may lead to neurosis and nervous breakdown. Government authorities must
educate the public in respect of the adverse impacts of noise and must take measures to abate noise
pollution3. The Noise Pollution (Regulation and Control) Rules 2000 regulate and control noise producing
and generating sources with the object of maintaining the ambient air quality standards in respect of noise.
The rules recognise that increasing ambient noise levels in public places from various sources such as
industrial activity, construction activity, generator sets, loud speakers, public address systems, music
systems, vehicular horns and other mechanical devices have a deleterious effect on human health and on
the psychological well-being of the people4. There is a lack of awareness among citizens as well as the
implementation authorities about the rules5.
1 See the Environment (Protection) Act 1986 ss 3(2)(ii), 6(2)(b)and25.
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[LNIND 2000 SC 1165] [LNIND 2000 SC 1165] [LNIND 2000 SC 1165].
3 Free legal Aid Cell, Sugan Chand Aggarwal alias Bhagatji v Government of NCT Delhi Free legal Aid Cell, Sugan Chand
Aggarwal alias Bhagatji v Government of NCT Delhi Free legal Aid Cell, Sugan Chand Aggarwal alias Bhagatji v Government of
NCT Delhi AIR 2001 Del 455 [LNIND 2001 DEL 854] [LNIND 2001 DEL 854] [LNIND 2001 DEL 854], Free legal Aid Cell,
Sugan Chand Aggarwal alias Bhagatji v Government of NCT Delhi Free legal Aid Cell, Sugan Chand Aggarwal alias Bhagatji v
Government of NCT Delhi Free legal Aid Cell, Sugan Chand Aggarwal alias Bhagatji v Government of NCT Delhi (2001) 93 Del
LT 28, Free legal Aid Cell, Sugan Chand Aggarwal alias Bhagatji v Government of NCT Delhi Free legal Aid Cell, Sugan
Chand Aggarwal alias Bhagatji v Government of NCT Delhi Free legal Aid Cell, Sugan Chand Aggarwal alias Bhagatji v
Government of NCT Delhi (2001) 60 Del RJ 297.
4 See the Noise Pollution (Regulation and Control) Rules 2000 preamble. See generally [165] INDUSTRIAL LAW.
5 See note 2 above.

NOISE POLLUTION/A. GENERALLY/[135.251] Important definitions
[135.251] Important definitions The Noise Pollution (Regulation and Control) Rules 2000 define the
following terms thus:
'Silence zone' is an area comprising not less than 100 metres around hospitals, educational institutions,
religious places and courts1.
'Authority' means any authority or officer authorised by the Central Government or as the case may be the
state government in accordance with the laws in force and includes a district magistrate, police commissioner
or any other officer designated for the maintenance of the ambient air quality standards in respect of noise,
under any law for the time being in force2.
1 Noise Pollution (Regulation and Control) Rules 2000 r 3(5)and the Sch .
2 Noise Pollution (Regulation and Control) Rules 2000rr 2(c)and2(e).

NOISE POLLUTION/B. STANDARDS OF AIR QUALITY/[135.252] Ambient air quality standards
[135.252] Ambient air quality standards The Noise Pollution (Regulation and Control) Rules 2000
prescribe ambient air quality standards1 in respect of noise for industrial, commercial and residential areas
as well as silence zones2. The state governments are required to categorise areas into appropriate zones for
the following purposes:
(1) to implement the noise standards3;

(2) to take measures to abate noise; and
(3) to ensure that noise levels do not exceed the specified ambient air quality standards4.
All the development authorities and local bodies in the discharge of their functions are required:
(a) to have regard to all aspects of noise pollution as a parameter of the quality of life;
(b) to avoid noise menace; and
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(c) to achieve the objective of maintaining the ambient air quality standards5.
Construction activity in a residential area that causes noise in excess of the prescribed limits must be
injuncted, though more quiet techniques may be employed by the builder6.
1 Noise Pollution (Regulation and Control) Rules 2000 r 3(1).
2 As to the meaning of 'silence zone' see [135.251].
6 Shobana Ramasubramanyam v The Member Secretary, Chennai Metropolitan Development Authority Shobana
Ramasubramanyam v The Member Secretary, Chennai Metropolitan Development Authority Shobana Ramasubramanyam v
The Member Secretary, Chennai Metropolitan Development Authority AIR 2002 Mad 125 [LNIND 2001 MAD 1173] [LNIND
2001 MAD 1173] [LNIND 2001 MAD 1173].

NOISE POLLUTION/C. REGULATION AND CONTROL/[135.253] Regulation and control of noise
[135.253] Regulation and control of noise The Noise Pollution (Regulation and Control) Rules 2000
restrict the use of loud speakers and public address systems1 and provide that certain activities in silence
zones such as playing music or using sound amplifiers constitute offences under the provisions of the
Environment (Protection) Act 19862. The right to profess and practise a religion is subject to public health
and thus, restrictions on the use of loudspeakers apply to those conducting religious activities3. Similarly, the
use of noisy firecrackers has been restricted by the court4.
It is the responsibility of the designated authority5 to enforce noise pollution control measures and to ensure
that noise levels do not exceed the ambient air quality standards6. Where the noise level exceeds the
ambient noise standards by 10 dB(A)7, a person may make a complaint to the authority and the authority is
then required to take action against the violator8. The authority may issue a written order preventing,
prohibiting, controlling or regulating the source of noise where it is satisfied on the basis of a report of an
officer in charge of a police station or other information that the directions are necessary to prevent
annoyance, disturbance, discomfort or injury to any person9.
1 See the Noise Pollution (Regulation and Control) Rules 2000 r 5.
2 See the Noise Pollution (Regulation and Control) Rules 2000 r 6. As to the meaning of 'silence zone' see [135.251].
[LNIND 2000 SC 1165] [LNIND 2000 SC 1165] [LNIND 2000 SC 1165]; Maulana Mufti Syed Md Noorur Rehman Barkati v
State of West Bengal Maulana Mufti Syed Md Noorur Rehman Barkati v State of West Bengal Maulana Mufti Syed Md Noorur
Rehman Barkati v State of West Bengal AIR 1999 Cal 15 [LNIND 1998 CAL 73] [LNIND 1998 CAL 73] [LNIND 1998 CAL 73],
Maulana Mufti Syed Md Noorur Rehman Barkati v State of West Bengal Maulana Mufti Syed Md Noorur Rehman Barkati v
State of West Bengal Maulana Mufti Syed Md Noorur Rehman Barkati v State of West Bengal (1998) 2 ICC 590; Om
Birangana Religious Society through Kalepada Das v The State of West Bengal Om Birangana Religious Society through
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Kalepada Das v The State of West Bengal Om Birangana Religious Society through Kalepada Das v The State of West Bengal
(1996) 100 Cal WN 617.
4 Re Noise Pollution-Implementation of the laws for restricting use of loud speakers and high volume producing sound systems
v Union of India Noise Pollution-Implementation of the laws for restricting use of loud speakers and high volume producing
sound systems v Union of India Noise Pollution-Implementation of the laws for restricting use of loud speakers and high volume
producing sound systems v Union of India (2001) 6 Scale 583 [LNIND 2001 MP 66] [LNIND 2001 MP 66] [LNIND 2001 MP 66].
5 As to the meaning of 'authority' see [135.251].
6 See the Noise Pollution (Regulation and Control) Rules 2000 r 4: Sayeed Maqsood Ali v The State of Madhya Pradesh
Sayeed Maqsood Ali v The State of Madhya Pradesh Sayeed Maqsood Ali v The State of Madhya Pradesh AIR 2001 MP 220,
Sayeed Maqsood Ali v The State of Madhya Pradesh Sayeed Maqsood Ali v The State of Madhya Pradesh Sayeed Maqsood
Ali v The State of Madhya Pradesh (2001) 2 MP LJ 605.
7 'dB(A)Leq' denotes the time weighted average in the level of sounds in decibels on scale A which is relatable to human
hearing: Noise Pollution (Regulation and Control) Rules 2000Sch .
8 See the Noise Pollution (Regulation and Control) Rules 2000 r 7.
9 See the Noise Pollution (Regulation and Control) Rules 2000 r 8. Also see generally [230] POLICE AND EMERGENCY
SERVICES .

PROTECTION OF SPECIFIED AREAS/[135.254] Restriction on industrial and development activity
[135.254] Restriction on industrial and development activity In response to the specific environmental
threats, the Central Government has restricted all industrial and development activity in certain regions.
These restrictions are region-specific and have been imposed under the Environment (Protection) Act 19861
and the Environment (Protection) Rules 19862. Each set of restrictions is contained in a separate notification
issued in respect of the following areas: Murud-Janjira3; Doon Valley4; An-top Hill5; Dahanu6; Aravalli
Range7; Kaziranga8 and Mahabaleshwar9.
Specific authorities established under the Environment (Protection) Act 1986 supplement the restrictions10
and are responsible for protecting the environment in their jurisdictions11. Special authorities have been
established in respect of the Dahanu taluka12; acquaculture in the coastal regions13; and the trapezium area
around the Taj Mahal14.
1 See the Environment (Protection) Act 1986 s 3(2)(v). See [135.190].
2 See the Environment (Protection) Act 1986 s 5. See [135.195].
3 SO 20(E) (6 January 1989).
4 SO 102(E) (1 February 1989).
5 SO 136(E) (9 February 1990).
6 SO 416(E) (20 June 1991).
7 SO 319(E) (7 May 1992).
8 SO 481(E) (5 July 1996).
9 SO 52(E) (17 Jan 2001).
10 See [135.196].
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11 See the Environment (Protection) Act 1986 s 3(3) (see [135.190]).
12 Dhanau Taluka Environment Protection Authority SO 884(E) (19 December 1996).
13 SO 88(E) (6 February 1997).
14 Taj Trapezium Zone (Prevention and Control) Authority SO 350(E) (13 May 1998).

(Environment; Misrepresentation and Fraud)/[135] ENVIRONMENT/7. ENVIRONMENT TRIBUNALS AND
AUTHORITIES/(1) GENERALLY/[135.256] In general
[135.256] In general The limitations of a civil court to effectively deal with environmental cases involving the
appraisal and assessment of scientific and technical data and conflicting claims over natural resources has
been judicially noticed1. The courts have also recognised that it is undesirable to leave the resolution of
complicated environmental disputes to officers drawn from the executive2. These inadequacies have lead to
the establishment of specialist tribunals under Acts of Parliament comprising members having judicial and
technical expertise3.
1 M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union of India AIR 1987 SC 965 [LNIND 1986 SC 40]
[LNIND 1986 SC 40] [LNIND 1986 SC 40]at 981, M C Mehta v Union of India M C Mehta v Union of India M C Mehta v Union
Mehta v Union of India M C Mehta v Union of India (1986) 1 SCJ 383.
2 See note 1 above. See generally [100] COURTS.
2 SCC 718 [LNIND 1999 SC 65] [LNIND 1999 SC 65] [LNIND 1999 SC 65]. As to the National Environment Tribunal and the
National Environment Appellate Authority see respectively [135.262] and [135.293].

AUTHORITIES/(2) NATIONAL ENVIRONMENT TRIBUNAL ACT 1995/[135.257] Object and scope
[135.257] Object and scope the National Environment Tribunal Act 1995 which is yet to come into force1
provides for strict liability2 for damages arising out of accidents connected with the handling of hazardous
substances.
The Act seeks to implement the decisions taken at the United Nations Conference on Environment and
Development held in Rio de Janeiro in 19923 calling upon participant states including India to develop
national laws to ensure compensation for the victims of pollution and other types of environmental
degradation4.
With the exception of the provisions under the Public Liability Insurance Act 19911 the provisions of the
National Environment Tribunal Act 1995 have an overriding effect in relation to any other law for the time
being in force or instrument effected by virtue of any other law5.
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1 As to strict or no fault liability see [135.259]. See generally [285] TORT and [115] DAMAGES.
2 As to international treaties that India is party to see [135.004].
3 See the National Environment Tribunal Act 1995 preamble.
4 See the National Environment Tribunal Act 1995 s 1(2).
5 National Environment Tribunal Act 1995 s 30. As to the overriding effect of the Public Liability Insurance Act 1991 see
[135.309].

AUTHORITIES/(2) NATIONAL ENVIRONMENT TRIBUNAL ACT 1995/[135.258] Important definitions
[135.258] Important definitions the National Environment Tribunal Act 1995 assigns the following
definitions to the following terms:
Accident' means an accident involving a fortuitous, sudden or unintended occurrence while handling any
hazardous substance resulting in continuous or intermittent or repeated exposure to death of or injury to any
person or damage to any property or environment. However, it does not include an accident by reason only
of war or radioactivity1.
'Environment' includes water, air and land and the inter-relationship which exists among and between water,
air, land and human beings, other living creatures, plants, micro-organisms and property2.
'Handling' in relation to a hazardous substance means the manufacture, processing, treatment, packaging,
storage, transportation by vehicle, use, collection, destruction, conversion, offering for sale, transfer or the
like of hazardous substances3.
'Hazardous substance' means any substance or preparation which is defined as a hazardous substance in
the Environment (Protection) Act 19864 and which exceeds the quantity specified by the union government
under the Public Liability Insurance Act 19915.
'Owner' means a person who owns or has control over the handling of any hazardous substance at the time
of the accident and includes:
(1) in the case of a firm, any of its partners6;

(2) in the case of an association, any of its members; and
(3) in the case of a company, any of its directors, managers, secretaries or other officers who is
directly in charge of and is responsible to the company for the conduct of the business of the
company7.
1 National Environment Tribunal Act 1995 s 2 (a).
2 National Environment Tribunal Act 1995 s 2(d).
3 National Environment Tribunal Act 1995 s 2 (e).
4 National Environment Tribunal Act 1995 s 2(f). As to the meaning of 'hazardous substance' under the Environment
(Protection) Act 1986 and the Public Liability Insurance Act 1991 see [135.215] and [135.310] respectively.
5 As to the standards set by the government regarding hazardous substances under Public Liability Insurance Act 1991 see
[135.319].
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6 See generally [35]BUSINESS ASSOCIATIONS (PARTNERSHIP).
7 National Environment Tribunal Act 1995 s 2(o).

AUTHORITIES/(2) NATIONAL ENVIRONMENT TRIBUNAL ACT 1995/[135.259] No fault liability
[135.259] No fault liability Payment of compensation under the National Environment Tribunal Act 1995 is
based on the principle of no-fault liability which states that in the event of an accident the owner1 is liable to
pay compensation for death or injury to a person other than a workman and for damage to property or the
environment2 that results from the accident3.
In a claim for compensation4 the claimant is not required to plead and establish that the death, injury or
damage was caused due to any wrongful act, neglect or default of any person5. 'Injury' includes permanent
total or permanent partial disability or sickness resulting from an accident6. 'Workman' has the meaning
assigned to it under the Workmen's Compensation Act 19237. Where the death, injury or damage caused by
an accident is not attributable to any individual activity but is the combined result of a number of activities,
operations and processes, the liability for compensation is required to be apportioned on an equitable basis
amongst all those responsible8.
1 As to the meaning of an 'owner' see [135.258].
2 As to the meaning of 'environment' see [135.258].
3 National Environment Tribunal Act 1995 s 3(1). As to the meaning of an 'accident' see [135.258].
4 As to claim for compensation see [135.282].
5 National Environment Tribunal Act 1995 s 3(2).
6 National Environment Tribunal Act 1995 s 3(2) explanation (ii).
7 National Environment Tribunal Act 1995 s 3(2) explanation (i).

AUTHORITIES/(3) POWER OF THE CENTRAL GOVERNMENT TO MAKE RULES/[135.260] Power of
Central Government to make rules
rules for carrying out the purposes of the National Environment Tribunal Act 19951. Without limiting the
general power of the Central Government to make rules, the rules may provide for the following matters:
(1) the particulars that an application for compensation must contain the documents and the fee
which are required to accompany the application and the limit of the annual income below
which a person may make an application without paying any fee2;
(2) any matter in respect of which the National Environment Tribunal has powers of a civil court3;
(3) the cases which are required to be decided by a bench of more than two members, having
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regard to the nature of questions involved4;

(4) the procedure for investigating the misbehaviour or incapacity of the chairperson,
vice-chairperson or other member of the Tribunal5;
(5) the salaries and allowances payable to and other terms and conditions of service of the
chairperson, vice-chairperson and other members of the Tribunal6;
(6) the financial and administrative powers of the chairperson over the Benches7;
(7) the salaries, allowances and conditions of services of the officers and other employees of the
Tribunal8;
(8) the person or the authority by whom, the manner in which and the purposes for which the
amount of compensation credited to the Environmental Relief Fund may be utilised9; and
2 National Environment Tribunal Act 1995 s 31(2)(a).
3 National Environment Tribunal Act 1995 s 31(2)(b).
4 National Environment Tribunal Act 1995 s 31(2)(c). As to benches of the National Environment Tribunal see [135.263].
5 National Environment Tribunal Act 1995 s 31(2)(d). As to resignation and removal of members see [135.275].
6 National Environment Tribunal Act 1995 s 31(2)(e). As to salaries and allowances of the members of the National
Environment Tribunal see [135.274].
7 National Environment Tribunal Act 1995 s 31(2)(f). As to financial and administrative powers of the chairperson see [135.272].
8 National Environment Tribunal Act 1995 s 31(2)(g). As to salaries and allowances of the staff of the National Environment
Tribunal see [135.264].
9 National Environment Tribunal Act 1995 s 31(2)(h). As to awards of the National Environment tribunal see [135.286].
10 National Environment Tribunal Act 1995 s 31(2)(i).

AUTHORITIES/(3) POWER OF THE CENTRAL GOVERNMENT TO MAKE RULES/[135.261] Rules, when
may come into force
[135.261] Rules, when may come into force Every rule made by the Central Government under the
National Environment Tribunal Act 1995 must be laid before each house of Parliament while it is in session
for a total period of 30 days which may be comprised in one session or in two or more successive sessions.
If before the expiry of the session that immediately follows the session in which the 30 day period expired,
both houses agree to making a modification in the rule or both houses agree that the rule should not be
made, the rule will thereafter have effect only in such modified form or be of no effect as the case may be.
However, a modification or annulment of this type does not prejudice the validity of anything done previously
under that rule1.

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AUTHORITIES/(4) NATIONAL ENVIRONMENT TRIBUNAL/A. ESTABLISHMENT AND COMPOSITION OF
THE TRIBUNAL AND ITS BENCHES/[135.262] Establishment and composition
[135.262] Establishment and composition The Central Government is required to establish a National
Environment Tribunal to exercise jurisdiction, powers and authority conferred on it under the National
Environment Tribunal Act 19951. The Tribunal consists of a chairperson and such number of
vice-chairpersons, judicial members2 and technical members3 as the Central Government may appoint.
1 National Environment Tribunal Act 1995 s 8.
2 As to qualification of members [135.268] and following.
3 See note 2 above.

THE TRIBUNAL AND ITS BENCHES/[135.263] Bench of National Environment Tribunal
[135.263] Bench of National Environment Tribunal A bench of the National Environment Tribunal must
consist of one judicial member and one technical member and it may exercise the jurisdiction, powers and
authority of the Tribunal1. The Central Government may periodically by notification distribute the business of
the Tribunal amongst the benches and may specify the matters that may be dealt with by each bench2. The
decision of the chairperson3 is final regarding a question whether any matter falls within the purview of the
business allocated to a bench4. The power of the Central Government to distribute the business to the
benches includes the allocation of applications for interim relief5. The benches of the Tribunal are required to
ordinarily sit at New Delhi and at such other places as are notified by the Central Government6.
3 As to the powers and functions of the chairperson see respectively [135.272] and [135.273].
5 National Environment Tribunal Act 1995 s 18 explanation.

THE TRIBUNAL AND ITS BENCHES/[135.264] Staff of the Tribunal
[135.264] Staff of the Tribunal The Central Government is empowered to determine the nature and
categories of officers and other employees who are required to assist the National Environment Tribunal in
the discharge of its functions and to provide the Tribunal with such officers and other employees as it deems
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fit1. The officers and other employees of the Tribunal are required to discharge their functions under the
general superintendence of the chairperson2. The salaries, allowances and conditions of service of officers
and other employees of the Tribunal are prescribed by the rules issued under the National Environment
Tribunal Act 19953.
2 National Environment Tribunal Act 1995 s 17(2). As to the powers and functions of the chairperson see respectively [135.272]
and [135.273].

THE TRIBUNAL AND ITS BENCHES/[135.265] Public servants
[135.265] Public servants The chairperson, vice-chairperson, other members, officers and employees of
the National Environment Tribunal are deemed to be public servants within the meaning of the Indian Penal
Code 18601.
1 National Environment Tribunal Act 1995 s 28; see also the Indian Penal Code 1860 s 21 (see [105] CRIMINAL LAW AND
PROCEDURE).

AUTHORITIES/(4) NATIONAL ENVIRONMENT TRIBUNAL/B. MEMBERS AND OFFICEBEARERS/(i)
Appointment of Members/[135.266] Manner of appointment of office bearers
[135.266] Manner of appointment of office bearers The President of India appoints the chairperson,
vice-chairperson and every other member of the National Environment Tribunal1. The appointment of the
chairperson and the vice-chairperson of the Tribunal is required to be made in consultation with the Chief
Justice of India2. The appointment of a person as a judicial member or a technical member must be on the
recommendation of a selection committee appointed by the Central Government. The selection committee
comprises:
(1) the chairperson of the Tribunal3;

(2) the Secretary to the Government of India in the Ministry of Environment and Forests4;
(3) the Secretary to the Government of India in the Ministry of Law, Justice and Company Affairs
(Department of Legal Affairs)5;
(4) the Director-General, Council of Scientific and Industrial Research6; and
(5) an Environmentalist to be nominated by the Central Government member7.

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5 National Environment Tribunal Act 1995 s 10(7)(c).
6 National Environment Tribunal Act 1995 s 10(7)(d).
7 National Environment Tribunal Act 1995 s 10(7)(e).

AUTHORITIES/(4) NATIONAL ENVIRONMENT TRIBUNAL/B. MEMBERS AND OFFICEBEARERS/(i)
Appointment of Members/[135.267] Term of office
[135.267] Term of office The chairperson, the vice-chairperson and other members of the National
Environment Tribunal hold office for a term of five years from the assumption of office and are eligible for
re-appointment for another term of five years1. However, a chairperson, vice-chairperson or other member
cannot hold office after he has attained:
(1) the age of 70 years in case of the chairperson2;

(2) the age of 65 years in case of the vice-chairperson3; and
(3) the age of 62 years in the case of any other member of the National Environment Tribunal4.
2 National Environment Tribunal Act 1995 s 12 proviso (a).
3 National Environment Tribunal Act 1995 s 12 proviso (b).
4 National Environment Tribunal Act 1995 s 12 proviso (c).

AUTHORITIES/(4) NATIONAL ENVIRONMENT TRIBUNAL/B. MEMBERS AND OFFICEBEARERS/(ii)
Qualifications of Members/[135.268] Qualifications of chairperson
[135.268] Qualifications of chairperson A person is qualified for appointment as the chairperson if he:
(1) is or has been a judge of the Supreme Court or a high court1; or

(2) has held the office of the vice-chairperson for at least two years2.

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Qualifications of Members/[135.269] Qualifications of vice-chairperson
[135.269] Qualifications of vice-chairperson A person is qualified for appointment as the vice-chairperson

if he:
(1) is or has been a judge of a high court1; or

(2) has held the post of a secretary to the Government of India or any other post under the central
or a state government carrying a scale of pay which is not less than that of a secretary to the
Government of India for at least two years2; or
(3) has:
(a) held the post of an additional secretary to the Government of India or any other post
under the central or a state government carrying a scale of pay which is not less than
that of an additional secretary to the Government of India for at least five years3; and
(b) adequate knowledge of or experience in legal, administrative, scientific or technical
aspects of the problems relating to environment4; or
(4) has held office as a judicial member or a technical member for at least three years5.
3 National Environment Tribunal Act 1995 s 10(2)(c)(i).
4 National Environment Tribunal Act 1995 s 10(2)(c)(ii).

Qualifications of Members/[135.270] Qualifications of judicial member
[135.270] Qualifications of judicial member A person is qualified for appointment as a judicial member if,
he:
(1) is or has been or is qualified to be a judge of a high court1; or

(2) has been a member of the Indian Legal Service and has held a post in grade one of that
service for at least three years2.

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Qualifications of Members/[135.271] Qualifications of technical member
[135.271] Qualifications of technical member A person is not qualified for appointment as a technical
member unless he has adequate knowledge of or experience in or capacity to deal with administrative,
scientific or technical aspects of the problems relating to environment1.

AUTHORITIES/(4) NATIONAL ENVIRONMENT TRIBUNAL/B. MEMBERS AND OFFICEBEARERS/(iii) The
Chairperson/[135.272] Powers of the chairperson
[135.272] Powers of the chairperson The chairperson of the National Environment Tribunal may, by
general or special orders, designate the classes of cases in respect of which the chairperson or any other
member, so authorised, is empowered to function as a single member bench and exercise the jurisdiction,
powers and authority of the Tribunal1. However, a case or matter may be transferred to a two-member
bench, if at any stage of the hearing the concerned bench is of the view that it must be heard by a bench
consisting of two members2.
The chairperson is empowered to transfer any case pending before one bench to any other bench. The
transfer may be ordered on an application made by any of the parties after notice to and after hearing the
parties or by the chairperson on his own motion without the notice3.
The chairperson is empowered to exercise financial and administrative powers over the benches as may be
vested in him under the rules framed under the National Environment Tribunal Act 19954. However, the
chairperson may delegate certain financial and administrative powers, that he deems fit, to the
vice-chairperson or any other officer of the National Environment Tribunal. This is subject to the condition
that the delegate must exercise the delegated powers under the direction, control and supervision of the
chairperson5.
If any vacancy arises in the office of the chairperson by reason of his death, resignation or for any other
reason, the vice-chairperson or as the case may be, the vice-chairperson whom the Central Government
may authorise by notification is required to act as the chairperson until a new chairperson assumes office6.
Where the chairperson is unable to discharge his functions on account of absence, illness or for any other
reason, the vice-chairperson or as the case may be, the vice-chairperson whom the Central Government
may authorise by notification is required to discharge the functions of the chairperson until the chairperson
resumes his duties7.
1 National Environment Tribunal Act 1995 s 9(4). As to bench of the National Environment Tribunal see [135.263].
2 National Environment Tribunal Act 1995 s 9(4) proviso.
5 National Environment Tribunal Act 1995 s 16 proviso.

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AUTHORITIES/(4) NATIONAL ENVIRONMENT TRIBUNAL/B. MEMBERS AND OFFICEBEARERS/(iii) The
Chairperson/[135.273] Functions of the chairperson
[135.273] Functions of the chairperson The chairperson of the National Environment Tribunal must carry
out the following functions:
(1) act as a member of any other bench in addition to discharging the functions as a judicial
member or a technical member of the bench1;
(2) transfer the vice-chairperson or other member from one bench to another2;
(3) authorise the vice-chairperson, the judicial member or the technical member to discharge
functions of any other bench, if necessary3;
(4) issue orders for the composition of a bench comprising more than two members, if in the
opinion of the chairperson it is necessary or it is required under the rules made by the Central
Government, to do so4.
However, a bench comprising more than two members must have a minimum of one judicial member and
one technical member5.
5 National Environment Tribunal Act 1995 s 9(3)(d) proviso.

AUTHORITIES/(4) NATIONAL ENVIRONMENT TRIBUNAL/B. MEMBERS AND OFFICEBEARERS/(iv)
Remuneration/[135.274] Salaries and allowances of members
[135.274] Salaries and allowances of members The salaries, allowances and other terms and conditions
of service which include pension, gratuity and other retirement benefits of the chairperson, vice-chairperson
and other members are required to be prescribed by rules framed under the National Environment Tribunal
Act 19951. However, the salaries, allowances and other terms and conditions of service of the chairperson,
vice-chairperson and other members cannot be varied to their disadvantage after their appointment2.

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AUTHORITIES/(4) NATIONAL ENVIRONMENT TRIBUNAL/B. MEMBERS AND OFFICEBEARERS/(v)
Resignation and Removal/[135.275] Resignation and removal of members
[135.275] Resignation and removal of members The chairperson, vice-chairperson or any other member
of the National Environment Tribunal may resign from their offices by addressing a written notice to the
President of India1. However, the person must continue to hold office, unless permitted by the President of
India to relinquish office at an earlier date, for a period of three months from the date of receipt of such notice
or until the person duly appointed as his successor assumes office or until the expiry of his term of office,
whichever is earliest2. The chairperson, vice-chairperson or other member cannot be removed from his
office, except by an order made by the President of India on the grounds of proved misbehaviour or
incapacity. An order of removal may be made only after an inquiry has been conducted by a judge of the
Supreme Court in which the chairperson, vice-chairperson or member, as the case may be, has been
informed of the charges against him and has been given a reasonable opportunity of putting forward his
case3. The Central Government may regulate the procedure for the investigation of misbehaviour or
incapacity of the chairperson, vice-chairperson or any other member by framing rules to that effect4.
4 National Environment Tribunal Act 1995 s 13(3). Also see powers of Central Government to frame rules [135.260].

AUTHORITIES/(4) NATIONAL ENVIRONMENT TRIBUNAL/B. MEMBERS AND OFFICEBEARERS/(v)
Resignation and Removal/[135.276] Restrictions on ceasing to hold office
[135.276] Restrictions on ceasing to hold office On ceasing to hold office:
(1) the chairperson of the National Environment Tribunal is ineligible for further employment either
under the Government of India or under the government of a state1;
(2) the vice-chairperson of the Tribunal is eligible for appointment as the chairperson of the
Tribunal but not for any other employment either under the Government of India or under the
government of a state2;
(3) a member, other than the chairperson or vice-chairperson of the Tribunal is eligible for
appointment as the chairperson or vice-chairperson of the Tribunal or as the chairperson,
vice-chairperson or member of any other Tribunal but not for any other employment either
under the Government of India or under the government of a state3;
(4) the chairperson, vice-chairperson or other member must not appear, act or plead before the
Tribunal4.
Employment under the Government of India or under the government of a state includes employment under
any local or other authority within the territory of India or under the control of the Government of India or
under any corporation or society owned or controlled by the government5.
1 National Environment Tribunal Act 1995 s 15 (a).

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2 National Environment Tribunal Act 1995 s 15(b). This is, however, subject to the other provisions of the National Environment
Tribunal Act 1995.
3 National Environment Tribunal Act 1995 s 15(c). This is, however, subject to the other provisions of the National Environment
Tribunal Act 1995. As to manner of appointment of the office bearers see [135.266].
4 National Environment Tribunal Act 1995 s 15(d).
5 National Environment Tribunal Act 1995 s 15 explanation.

AUTHORITIES/(4) NATIONAL ENVIRONMENT TRIBUNAL/C. JURISDICTION OF THE
TRIBUNAL/[135.277] Exclusive jurisdiction of the tribunal
[135.277] Exclusive jurisdiction of the tribunal The National Environment Tribunal has exclusive
jurisdiction to entertain any application or action for any claim for compensation which may be entertained or
dealt with by the Tribunal, subject to the provisions of the Public Liability Insurance Act 19911.

AUTHORITIES/(4) NATIONAL ENVIRONMENT TRIBUNAL/C. JURISDICTION OF THE
TRIBUNAL/[135.278] Bar of jurisdiction
[135.278] Bar of jurisdiction Upon the commencement of the National Environment Tribunal Act 1995, no
court or other authority has jurisdiction over matters that fall within the authority of the Tribunal1. The Tribunal
is conferred the same jurisdiction, powers and authority in respect of the matters specified in the Public
Liability Insurance Act 1991 as the collector has and may exercise under that Act. For this purpose, the
provisions of the Public Liability Insurance Act 1991 are required to be read and construed as if references in
that Act to the collector include references to the Tribunal2.
2 National Environment Tribunal Act 1995 s 4(4). As to powers of the collector under the Public Liability Insurance Act 1991 see
[135.317].

AUTHORITIES/(4) NATIONAL ENVIRONMENT TRIBUNAL/D. PROCEDURE OF THE TRIBUNAL/(i)
Generally/[135.279] Tribunal not bound by the Civil Procedure Code 1908
[135.279] Tribunal not bound by the Civil Procedure Code 1908 The National Environment Tribunal is not
bound by the procedure laid down in the Code of Civil Procedure 19081 and is required to act in accordance
with the principles of natural justice2. The Tribunal is empowered to regulate its own procedure, including
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fixing of the venue and the number of inquiries it will conduct3. The Tribunal is conferred with the same
powers as are vested in a civil court under the Code of Civil Procedure 1908 with regard to the trial of a suit
in respect of the following matters namely4:
(1) summoning and enforcing the attendance of any person and examining him on oath5;
(2) requiring the discovery and production of documents6;
(3) receiving evidence on affidavits7;
(4) requisitioning any public record or document or copy of such record or document from any
office8;
(5) issuing commissions for the examination of witnesses or documents9;
(6) reviewing its decisions10;
(7) dismissing an application for default or deciding it ex parte11;
(8) setting aside any order of dismissal of an application for default or any order passed by it ex
parte12; and
(9) any other matter which is to be or may be prescribed in the rules13.
1 See generally [65]CIVIL PROCEDURE.
2 As to principles of natural justice see generally [05]ADMINISTRATIVE LAW.
4 See CIVIL PROCEDURE [65.050] and following.
7 National Environment Tribunal Act 1995 s 5(4)(c). As to receiving evidence on affidavits see EVIDENCE [145.259].
10 National Environment Tribunal Act 1995 s 5(4)(f).
11 National Environment Tribunal Act 1995 s 5(4)(g).
12 National Environment Tribunal Act 1995 s 5(4)(h).
13 National Environment Tribunal Act 1995 s 5(4)(i).

AUTHORITIES/(4) NATIONAL ENVIRONMENT TRIBUNAL/D. PROCEDURE OF THE TRIBUNAL/(ii)
Application/[135.280] Application for relief
[135.280] Application for relief A claimant making an application under the National Environment Tribunal
Act 1995 is also entitled to claim relief from the National Environment Tribunal1. However, an application
cannot be made, if the relief has already been received by the claimant under the Public Liability Insurance
Act 1991 or an application made by the claimant under that Act is pending and has not been withdrawn2. An
application made before the National Environment Tribunal must contain the information and must be
accompanied by the documents and fee as are prescribed under the rules. The prescribed fee must not
exceed Rs 1,0003. However, no fee is payable in the following instances:
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(1) where the claim is made by a person whose annual income is below the limit prescribed under
the rules; or
(2) where the claim is made by a representative body/organisation or by the Central Government,
a state government or a local authority4.
All applications for compensation must be made within five years of the occurrence of the accident and
cannot be entertained thereafter5. In appropriate cases, the National Environment Tribunal may, if it so
deems fit, take up claims for compensation on its own, without any application6.
1 National Environment Tribunal Act 1995 s 4(3). This is also provided for in the Public Liability Insurance Act 1991. As to limit
on compensation and application for relief see respectively [135.282] and [135.280].
2 National Environment Tribunal Act 1995 s 4(3) proviso. As to application for relief under the Public Liability Insurance Act
1991 see [135.315].

AUTHORITIES/(4) NATIONAL ENVIRONMENT TRIBUNAL/D. PROCEDURE OF THE TRIBUNAL/(ii)
Application/[135.281] Rejection and acceptance of application
[135.281] Rejection and acceptance of application On receiving an application for compensation, the
National Environment Tribunal is empowered to summarily reject the application after conducting a suitable
inquiry1. Where the Tribunal does not reject the application, it may hold an inquiry into the claim or each of
the claims after giving notice of the application to the owner and after giving an opportunity of being heard to
the parties. After the inquiry, the Tribunal is empowered to make an award2 determining the amount of
compensation that it regards just under the circumstances specifying the person or persons to whom the
compensation must be paid3.
1 National Environment Tribunal Act 1995 s 5(1). As to application for relief see [135.280]
2 As to appeals see [135.287]. As to awards see generally [20]ARBITRATION.

AUTHORITIES/(4) NATIONAL ENVIRONMENT TRIBUNAL/D. PROCEDURE OF THE TRIBUNAL/(iii)
Compensation/[135.282] Parties to claim for compensation
[135.282] Parties to claim for compensation A claim for compensation may be made by:
(1) the person who has sustained the injury1;

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(2) the owner of the property to which damage has been caused2;
(3) all or any of the legal representatives of the deceased person where death has resulted from
the accident3;
(4) a duly authorised agent4 where all the legal representatives of the deceased have not joined in
the application for compensation;
(5) any representative body or organisation functioning in the field of environment and recognised
by the Central Government6; or
(6) the Central Government, a state government or a local authority under all or any of the heads
specified in the schedule7.
However, where all the legal representatives of the deceased have not joined in the application for
compensation, the application may be made on behalf of and for the benefit of all the legal representatives of
the deceased and those who have not joined as claimants must be impleaded as respondents to the
application8.
4 National Environment Tribunal Act 1995 s 4 (1)(d).
7 National Environment Tribunal Act 1995 s 4(1)(f). As to the heads specified in the schedule see [135.283].

AUTHORITIES/(4) NATIONAL ENVIRONMENT TRIBUNAL/D. PROCEDURE OF THE TRIBUNAL/(iii)
Compensation/[135.283]Causes for Compensation
[135.283] Causes for compensation Compensation for damages may be claimed in respect of:
(1) death1;
(2) permanent, temporary, total or partial disability or other injury or sickness2;
(3) loss of wages due to total or partial disability or permanent or temporary disability3;
(4) medical expenses incurred for treatment of injuries or sickness4;
(5) damage to private property5;
(6) expenses incurred by the government or any local authority in providing aid, relief and
rehabilitation to the affected persons6;
(7) expenses incurred by government for any administrative or legal action or to cope with any
harm or damage, including compensation for environmental degradation and restoration of the
quality of the environment7;
(8) loss to government or local authority, arising out of or connected with the activity causing any
damage8;
(9) claims on account of any harm, damage or destruction to the fauna, including milch and
draught animals and aquatic fauna9;
(10) claims on account of any harm, damage or destruction to flora including aquatic flora, crops,
vegetables, trees and orchards10;
(11) claims including cost of restoration on account of any harm or damage to the environment
that includes pollution of soil, air, water, land and eco-systems11;
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(12) loss and destruction of any property other than private property12;
(13) loss of business or employment or both13;
(14) any other claim arising out of or connected with any activity of handling of a hazardous
substance14.
1 National Environment Tribunal Act 1995 the schedule (a). See generally [115] DAMAGES.
2 National Environment Tribunal Act 1995 the schedule (b).
3 National Environment Tribunal Act 1995 the schedule (c).
4 National Environment Tribunal Act 1995 the schedule (d).
5 National Environment Tribunal Act 1995 the schedule (e).
6 National Environment Tribunal Act 1995 the schedule (f).
7 National Environment Tribunal Act 1995 the schedule (g).
8 National Environment Tribunal Act 1995 the schedule (h).
9 National Environment Tribunal Act 1995 the schedule (i).
10 National Environment Tribunal Act 1995 the schedule (j).
11 National Environment Tribunal Act 1995 the schedule (k).
12 National Environment Tribunal Act 1995 the schedule (l).
13 National Environment Tribunal Act 1995 the schedule (m).
14 National Environment Tribunal Act 1995 the schedule (n).

AUTHORITIES/(4) NATIONAL ENVIRONMENT TRIBUNAL/D. PROCEDURE OF THE TRIBUNAL/(iv)
Proceedings/[135.284] Power to pass interim orders
[135.284] Power to pass interim orders The National Environment Tribunal is empowered to pass interim
orders by way of an injunction or stay or in any other manner only:
(1) after copies of the application and of all the documents in support of the application for interim
relief are furnished to the party against whom the application is being made1; and
(2) an opportunity is given to that party to be heard in the matter2. However, the requirements
regarding a notice and a hearing before issuing interim orders may be dispensed with in
exceptional cases where the Tribunal is satisfied for reasons to be recorded in writing that it is
necessary to do so in order to prevent loss or damage being caused to the applicant which loss
or damage cannot be adequately compensated in money. An interim order passed without
fulfilling the pre-conditions of issuance of a notice and hearing ceases to have effect on the
expiry of 14 days from the date of the order if it is not vacated earlier. However, if the
requirements of notice and hearing have been complied with before the expiry of 14 days and
the Tribunal has continued the operation of the interim order, it will remain effective3.
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1 National Environment Tribunal Act 1995 s 6(a). As to injunctions see generally [65]CIVIL PROCEDURE.
2 National Environment Tribunal Act 1995 s 6(b).

Proceedings/[135.285] Decision by majority
[135.285] Decision by majority All proceedings before the Tribunal are deemed to be judicial proceedings
within the meaning of the Indian Penal Code 18601.
All decisions of the National Environment Tribunal must be taken by a majority of the bench. However, if the
members are equally divided, they are required to state the point or points on which they differ and make a
reference to the chairperson who is empowered to either hear the point or points on which they differ himself
or refer the case for hearing to one or more of the members. The point or points is then decided according to
the opinion of the majority of the members who have heard the case. For the purpose of determining the
majority opinion in a case, the opinion of the members who first heard the case must also be considered2.
1 National Environment Tribunal Act 1995 s 27; also see the Indian Penal Code 1860 ss 193, 219 and 228 (see generally [105]
CRIMINAL LAW AND PROCEDURE).

Proceedings/[135.286] Awards of the Tribunal
[135.286] Awards of the Tribunal The National Environment Tribunal is empowered to execute any award
made by it as if the award were a decree of a civil court1. The Tribunal has discretion to transmit a copy of
the order made by it for payment of compensation to the collector having jurisdiction over the area in which
the accident2 occurred.
Upon receiving a copy of the order, the collector must execute it as if it were an order made by him under the
Public Liability Insurance Act 19913.
Where the owner against whom an award of compensation or order has been passed by the Tribunal fails to
make payment or deposit the amount under the award or order within a specified time, the amount is
recoverable against the owner as arrears of land revenue or of public demand4.
Where a person liable to pay compensation under the National Environment Tribunal Act 1995 in respect of
death, injury or damage is also liable to pay any amount as relief under the Public Liability Insurance Act
1991 or any other compensation under any other law, the amount of compensation payable under the
National Environment Tribunal Act 1995 must be reduced by the amount of relief and compensation paid
under that other law5. Where on the ground of any damage to the environment, compensation is ordered to
be paid on an award by the Tribunal, the amount must be remitted to the authority specified under the Public
Liability Insurance Act 19916 for being credited to the Environmental Relief Fund established under the Act7.
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The amount of compensation credited to the Environmental Relief Fund is required to be utilised in the
manner and for the purposes of environment as may be prescribed by the rules8.
1 National Environment Tribunal Act 1995 s 23(1). As to awards see generally [20]ARBITRATION.
2 As to the meaning of 'accident' see [135.258].
6 See the Public Liability Insurance Act 1991 s 7A(3).

AUTHORITIES/(4) NATIONAL ENVIRONMENT TRIBUNAL/D. PROCEDURE OF THE TRIBUNAL/(v)
Appeal/[135.287] Appeal against award or final order
[135.287] Appeal against award or final order An appeal to the Supreme Court lies against any award or
other final order of the National Environment Tribunal and may be filed on one or more of the grounds
specified in the Code of Civil Procedure 19081. However, no appeal lies against an interlocutory order2.
Similarly, no appeal lies against an award or order made by the Tribunal with the consent of the parties3.
All appeals must be preferred within a period of 90 days from the date of the impugned award or order4.
However, an appeal may be entertained after the expiry of 90 days if the Supreme Court is satisfied that the
appellant was prevented by a sufficient cause from preferring the appeal in time5. Furthermore, an appeal by
a person who is required to pay a certain amount in terms of an award must not be entertained, unless the
amount awarded has been first deposited in the Supreme Court in the manner directed by it6.
1 As to awards of the National Environment Tribunal see [135.286]; As to grounds for filing appeal see also CIVIL
PROCEDURE [65.622] and following. As to awards see generally [20]ARBITRATION.
2 National Environment Tribunal Act 1995 s 24(1). This is however, subject to the National Environment Tribunal Act 1995 s
23(2) but notwithstanding anything contained in the Code of Civil Procedure 1908 (see generally [65]CIVIL PROCEDURE).
5 National Environment Tribunal Act 1995 s 24 proviso 2.
6 National Environment Tribunal Act 1995 s 24 proviso 1.

AUTHORITIES/(4) NATIONAL ENVIRONMENT TRIBUNAL/D. PROCEDURE OF THE TRIBUNAL/(vi)
Penalties and Exceptions/[135.288] Penalty for non compliance
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[135.288] Penalty for non compliance Any person who fails to comply with an order of the National
Environment Tribunal is punishable with imprisonment for a term of a maximum three years or with a fine of
upto Rs 10,00,000 or with both1. Where the offence has been committed by a company, then every person
who at the time when the offence was committed, was directly in charge of and was responsible to the
company for the conduct of its business as well as the company, is deemed to be guilty of the offence and is
liable to be proceeded against and punished2. However, where a person proves that the offence was
committed without his knowledge or that he exercised all due diligence to prevent the commission of the
offence, he may not be liable to punishment3.
Where an offence is committed by a company4 and it is proved that the offence was committed with the
or other officer of the company, then the concerned person is also deemed to be guilty of the offence and is
liable to be proceeded against and punished6.
4 National Environment Tribunal Act 1995 s 26 explanation (a): When used with reference to offences by companies, the
expression 'company' means any body corporate and includes a firm or other association of individuals. As to companies in
general see [40]BUSINESS ASSOCIATIONS (COMPANIES AND CORPORATIONS).
5 National Environment Tribunal Act 1995 s 26 explanation (b): The expression 'director' in relation to a firm means a partner in
the firm. As to directors in general see [35] generally BUSINESS ASSOCIATIONS (PARTNERSHIP).

AUTHORITIES/(4) NATIONAL ENVIRONMENT TRIBUNAL/D. PROCEDURE OF THE TRIBUNAL/(vi)
Penalties and Exceptions/[135.289] Protection of actions in good faith
[135.289] Protection of actions in good faith A suit, prosecution or other legal proceeding cannot lie
against the Central Government or against the chairperson, vice-chairperson or other member of the
National Environment Tribunal or any other person authorised by the chairperson, vice-chairperson or other
member for anything which is done or intended to be done in good faith in pursuance of the National
Environment Tribunal Act 1995 or the rules framed under the Act1.

AUTHORITIES/(5) NATIONAL ENVIRONMENT APPELLATE AUTHORITY ACT 1997/A.
GENERALLY/[135.290] Legislation, scope and object
[135.290] Legislation, scope and object The National Environment Appellate Authority Act 1997 that came
into force on 30 January 19971 and replaced the National Environment Appellate Authority Ordinance 19972
supplements the Environment (Protection) Act 19863. The Act provides for the establishment of a National
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Appellate Authority to hear appeals from orders granting environmental clearance to projects located in
areas where the restrictions imposed under the Environment (Protection) Act 1986 apply4. Under the
Environment (Protection) Act 1986 the Central Government is empowered to restrict industries, operations or
processes or any class of industries, operations or processes in any area or subject the industries,
operations or processes to safeguards within designated areas5. In the exercise of this power, the Central
Government has framed regulations in respect of environment impact assessment6, protection of the coast7
and the protection of specified areas8.
1 National Environment Appellate Authority Act 1997 s 1(2).
2 National Environment Appellate Authority Act 1997 s 23.
3 National Environment Appellate Authority Act 1997 long title.
4 National Environment Appellate Authority Act 1997 long title, and s 11(1).
5 Environment (Protection) Act 1986 s 3(2)(v). As to the powers of the Central Government to take measures to protect the
environment under the Environment Protection Act 1986 see also [135.190].
6 As to environment impact assessment see [135.246]-[135.249].
7 As to protection of the coast see [135.237] and following.
8 As to protection of specified areas see [135.242].

AUTHORITIES/(5) NATIONAL ENVIRONMENT APPELLATE AUTHORITY ACT 1997/B. POWERS OF
CENTRAL GOVERNMENT/[135.291] Power of Central Government to make rules
rules for carrying out the purposes of the National Environment Appellate Authority Act 19971. Without
limiting the general power of the Central Government to make rules, the rules may provide for the following
matters:
(1) the procedure for investigating the misbehaviour or incapacity of the chairperson or
vice-chairperson or other members of the National Environment Appellate Authority2;
(2) the salaries and allowances payable to and the other terms and conditions of service of the
chairperson, vice-chairperson and other members of the Authority3;
(3) the form in which an appeal must be made4;
(4) the financial and administrative powers of the chairperson5;
(5) the salaries, allowances and conditions of service of the officers and other employees of the
Authority6;
2 National Environment Appellate Authority Act 1997 s 22(2)(a). As to resignation and removal of members see [135.301] and
[135.302].
3 National Environment Appellate Authority Act 1997 s 22(2)(b). Also see [135.300] for salaries and allowances.
4 National Environment Appellate Authority Act 1997 s 22(2)(c). As to appeals see [135.307].
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5 National Environment Appellate Authority Act 1997 s 22(2)(d), As to financial and administrative powers of the chairperson
see [135.298].
6 National Environment Appellate Authority Act 1997 s 22(2)(e). Also see [135.294] for staff of the Authority.
7 National Environment Appellate Authority Act 1997 s 22(2)(f).

AUTHORITIES/(5) NATIONAL ENVIRONMENT APPELLATE AUTHORITY ACT 1997/B. POWERS OF
CENTRAL GOVERNMENT/[135.292] Rules, when may come into force
[135.292] Rules, when may come into force Every rule made by the Central Government under the
National Environment Appellate Authority Act 1997 must be laid before each house of Parliament while it is
in session for a total period of 30 days which may be comprised in one session or in two or more successive
sessions. If before the expiry of the session that immediately follows the session in which the 30 day period
expired, both houses agree in making any modification in the rule or both houses agree that the rule should
not be made, the rule will thereafter have effect only in the modified form or will have no effect, as the case
may be. However, any modification or annulment does not prejudice the validity of anything previously done
under that rule1.

AUTHORITIES/(6) NATIONAL ENVIRONMENT APPELLATE AUTHORITY/A. ESTABLISHMENT AND
CONSTITUTION OF THE AUTHORITY/[135.293] Establishment and constitution
[135.293] Establishment and constitution The Central Government established the National Environment
Appellate Authority to exercise the powers conferred upon it and to perform the functions assigned to it under
the National Environment Appellate Authority Act 19971. The head office of the Authority is at Delhi2. The
Authority consists of a chairperson, a vice-chairperson and upto three other members as the Central
Government deems fit3.

CONSTITUTION OF THE AUTHORITY/[135.294] Staff of the Authority
[135.294] Staff of the Authority The Central Government is empowered to determine the nature and
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categories of officers and other employees who must assist the National Environment Appellate Authority
('the Authority') in the discharge of its functions and provide the Authority with such officers and other
employees, as it deems fit1. The officers and other employees of the Authority are required to discharge their
functions under the general superintendence of the chairperson2. The salaries, allowances and conditions of
service of officers and other employees of the Authority must be prescribed by the rules issued under the
National Environment Appellate Authority Act 19973.
2 National Environment Appellate Authority Act 1997 s 14(2). As to powers of the chairperson see [135.298].

CONSTITUTION OF THE AUTHORITY/[135.295] Public servants
[135.295] Public servants The chairperson, vice-chairperson, other members, officers and employees of
the National Environment Appellate Authority are deemed to be public servants within the meaning of the
Indian Penal Code 18601.
1 National Environment Appellate Authority Act 1997 s 17; Indian Penal Code 1860 s 21 (see [105] CRIMINAL LAW AND
PROCEDURE).

AUTHORITIES/(6) NATIONAL ENVIRONMENT APPELLATE AUTHORITY/B. APPOINTMENTS AND
QUALIFICATIONS/[135.296] Qualifications for appointment of office bearers and members
[135.296] Qualifications for appointment of office bearers and members The chairperson,
vice-chairperson and every member of the National Environment Appellate Authority ('the Authority') is
appointed by the President of India1. In order to qualify for the post of the chairperson of the Authority, it is
necessary for a candidate to:
(1) have served as a judge of the Supreme Court2; or

(2) as a chief justice of a high court3.
To qualify for the post of vice-chairperson, it is necessary for a candidate to have:
(a) held the post of a secretary to the Government of India or any other post under the Union or a
state government carrying a scale of pay not less than that of a secretary to the Government of
India for a minimum of two years4; and
(b) expertise or experience in administrative, legal, managerial or technical aspects of problems
relating to the environment5.
In order to qualify as a member, a person must have professional knowledge or practical experience in the
areas pertaining to conservation, environment management, law, planning and development6.
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2 National Environment Appellate Authority Act 1997 s 5(1)(a) (see generally [190] JUDGES).
3 National Environment Appellate Authority Act 1997 s 5(1)(b) (see generally [190] JUDGES).
4 National Environment Appellate Authority Act 1997 s 5(2)(a).
5 National Environment Appellate Authority Act 1997 s 5(2)(b).

AUTHORITIES/(6) NATIONAL ENVIRONMENT APPELLATE AUTHORITY/B. APPOINTMENTS AND
QUALIFICATIONS/[135.297] Term of office
[135.297] Term of office The chairperson, the vice-chairperson and other members of the National
Environment Appellate Authority hold office for a term of three years from the date of assumption of office
and are eligible for re-appointment for another term of three years1. However, a chairperson is not entitled to
hold office after he has attained:
(1) the age of 70 years in the case of the chairperson2; and

(2) the age of 65 years in the case of the vice-chairperson or a member3.
2 National Environment Appellate Authority Act 1997 s 7 proviso (a).
3 National Environment Appellate Authority Act 1997 s 7 proviso (b).

AUTHORITIES/(6) NATIONAL ENVIRONMENT APPELLATE AUTHORITY/C. CHAIRPERSON/[135.298]
Powers of chairperson
[135.298] Powers of chairperson The chairperson of the National Environment Appellate Authority is
empowered to exercise financial and administrative powers, as may be vested in him under the rules framed
under the National Environment Appellate Authority Act 19971. However, the chairperson may delegate his
financial and administrative powers, as he deems fit to the vice-chairperson or any other officer of the
National Environment Appellate Authority, subject to the condition that the delegate must exercise the
delegated powers under the direction, control and supervision of the chairperson2.
2 National Environment Appellate Authority Act 1997 s 13 proviso.

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AUTHORITIES/(6) NATIONAL ENVIRONMENT APPELLATE AUTHORITY/C. CHAIRPERSON/[135.299]
Vice-chairperson, when may act as chairperson
[135.299] Vice-chairperson, when may act as chairperson If any vacancy arises in the office of the
chairperson of the National Environment Appellate Authority, by reason of his death, resignation or for any
other reason, the vice-chairperson is required to act as the chairperson until the date on which a new
chairperson appointed to fill such vacancy, assumes office1. Where the chairperson is unable to discharge
his functions on account of absence, illness or otherwise, the vice-chairperson or as the case may be, one of
the members as authorised by the Central Government, by notification, is required to discharge the functions
of the chairperson until the date on which the chairperson resumes his duties2.

AUTHORITIES/(6) NATIONAL ENVIRONMENT APPELLATE AUTHORITY/D. REMUNERATION/[135.300]
Salaries and allowances
[135.300] Salaries and allowances The salaries, allowances and other terms and conditions of service
which include pension, gratuity and other retirement benefits of the chairperson, vice-chairperson and other
members are required to be prescribed by rules framed by the Central Government under the National
Environment Appellate Authority Act 19971.

AUTHORITIES/(6) NATIONAL ENVIRONMENT APPELLATE AUTHORITY/E. RESIGNATION AND
REMOVAL/[135.301] Resignation by office bearers and members
[135.301] Resignation by office bearers and members The chairperson, the vice-chairperson or any other
member of the National Environment Appellate Authority may resign from his office by addressing a written
notice to the President of India1. However, the chairperson, the vice-chairperson or other member must,
unless permitted by the President of India to relinquish office at an earlier date, continue to hold his office for
a period of three months from the date of receipt of the notice or until the person duly appointed as his
successor assumes office or until the expiry of his term of office, whichever is earliest2.
2 National Environment Appellate Authority Act 1997 s 8(1) proviso.

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AUTHORITIES/(6) NATIONAL ENVIRONMENT APPELLATE AUTHORITY/E. RESIGNATION AND
REMOVAL/[135.302] Removal of office bearers and members
[135.302] Removal of office bearers and members The chairperson, vice-chairperson or other members of
the National Environment Appellate Authority cannot be removed from his office except by an order made by
the President of India on grounds of proven misbehaviour or incapacity. An order of removal can be made
only after an inquiry has been conducted by a judge of the Supreme Court in which the chairperson, the
vice-chairperson or member, as the case may be, has been informed of the charges against him and has
been given a reasonable opportunity of putting forward his case in respect of those charges1. The President
of India is empowered to suspend the chairperson, vice-chairperson or member in respect of whom a
reference has been made to the Supreme Court until the President passes an order on receipt of the report
of the Supreme Court on such reference2. The Central Government is empowered to frame rules to regulate
the procedure for the investigation of misbehaviour or incapacity of the chairperson, vice-chairperson or any
other member3.

AUTHORITIES/(6) NATIONAL ENVIRONMENT APPELLATE AUTHORITY/F. JURISDICTION AND
PROCEDURE OF THE AUTHORITY/(i) Jurisdiction/[135.303] Exclusive jurisdiction of the Authority
[135.303] Exclusive jurisdiction of the Authority No civil court or other authority has jurisdiction to
entertain any appeal in respect of any matter which the National Environment Appellate Authority ('the
Authority') is empowered to deal with under the National Environment Appellate Authority Act 19971.
In addition to its statutory jurisdiction the Authority may play an advisory role in respect of the scientific and
technical issues referred to it by the Supreme Court2 or the high courts in environmental cases3. The opinion
rendered by the Authority is subject to the approval of the referring court4.
2 See the Constitution of India 1950 arts 32 and 136. See generally[80]CONSTITUTIONAL LAW.
3 See the Constitution of India 1950 art 226.

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PROCEDURE OF THE AUTHORITY/(ii) Proceedings/[135.304] Judicial proceedings by the Authority
[135.304] Judicial proceedings by the Authority The National Environment Appellate Authority ('the
Authority') is not bound by the procedure laid down in the Code of Civil Procedure 1908 and is required to act
in accordance with the principles of natural justice1. The Authority is empowered to regulate its own
procedure including fixing the venue, the time of its inquiries and whether to hold an inquiry in public or in
private2.
The Authority is conferred with the same powers as are vested in a civil court under the Code of Civil
Procedure 1908 with regard to the trial of a suit in respect of the following matters namely:
(1) summoning and enforcing the attendance of any person and examining him on oath3;
(2) requiring the discovery and production of documents4;
(4) requisitioning any public record or document or copy of such record or document from any
office6;
(6) reviewing its decisions8;
(7) dismissing a representation for default or deciding it ex parte9;
(8) setting aside any order of dismissal of any representation for default or any order passed by it
ex parte10; and
(9) any other matter which is to be or may be prescribed by the Central Government in the rules11.
All proceedings before the Authority are deemed to be judicial proceedings within the meaning of the Indian
Penal Code 186012.
1 As to principles of natural justice see generally [05]ADMINISTRATIVE LAW.
2 National Environment Appellate Authority Act 1997 s 12(1).See generally[65]CIVIL PROCEDURE.
3 National Environment Appellate Authority Act 1997 s 12(2)(a).
4 National Environment Appellate Authority Act 1997 s 12(2)(b).
5 National Environment Appellate Authority Act 1997 s 12(2)(c). As to receiving evidence on affidavits see EVIDENCE
[145.259].
6 National Environment Appellate Authority Act 1997 s 12(2)(d).
7 National Environment Appellate Authority Act 1997 s 12(2)(e).
8 National Environment Appellate Authority Act 1997 s 12(2)(f).
9 National Environment Appellate Authority Act 1997 s 12(2)(g).
10 National Environment Appellate Authority Act 1997 s 12(2)(h).
11 National Environment Appellate Authority Act 1997 s 12(2)(i).
12 National Environment Appellate Authority Act 1997 s 16. See also the Indian Penal Code 1860 ss 193, 219 and 228 (see
generally [105] CRIMINAL LAW AND PROCEDURE).

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PROCEDURE OF THE AUTHORITY/(iii) Penalty, Exception and Appeal/[135.305] Penalty
[135.305] Penalty A person who fails to comply with an order made by the National Environment Appellate
Authority is punishable with imprisonment for a term that may extend upto seven years or with a fine upto Rs
1,00,000 or both1. Where the offence has been committed by a company2, every person who at the time
when the offence was committed was directly in charge of and was responsible to the company for the
conduct of its business, as well as the company, is deemed to be guilty of the offence and is liable to be
proceeded against and punished3. However, where a person proves that the offence was committed without
his knowledge or that he exercised due diligence to prevent the commission of the offence, he may not be
liable to any punishment4.
or other officer of the company, the person is also deemed to be guilty of the offence and is liable to be
firm or other association of individuals. As to companies in general see [40]BUSINESS ASSOCIATIONS (COMPANIES AND
CORPORATIONS): National Environment Appellate Authority Act 1997 s 20 explanation (a).
5 'Director' in relation to a firm means a partner in the firm. As to directors in general see [35]BUSINESS ASSOCIATIONS
(PARTNERSHIP): National Environment Appellate Authority Act 1997 s 20 explanation (b).

PROCEDURE OF THE AUTHORITY/(iii) Penalty, Exception and Appeal/[135.306] Protection of actions in
good faith
[135.306] Protection of actions in good faith A suit, prosecution or other legal proceeding cannot lie
against the Central Government, the chairperson, vice-chairperson, other member of the National
Environment Appellate Authority or any other person authorised by the chairperson, vice-chairperson or
other member for anything which is done or intended to be done in good faith in pursuance of the National
Environment Appellate Authority Act 1997 or the rules framed under the Act1.

PROCEDURE OF THE AUTHORITY/(iii) Penalty, Exception and Appeal/[135.307] Appeal
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[135.307] Appeal A person1 aggrieved by an order granting environmental clearance in the areas in which
industries, operations or processes or a class of industries, operations and processes may not be carried out
or may be carried out, subject to certain safeguards, may prefer an appeal to the National Environment
Appellate Authority ('the Authority')2. On receiving an appeal, the National Environment Appellate Authority is
empowered to pass orders, as it thinks fit after giving the appellant an opportunity of being heard3. The
appeal is required to be filed within 30 days from the date of the order and must be in the prescribed form4.
However, the Authority is empowered to entertain an appeal after the expiry of 30 days but not beyond 90
days from the date of the order if it is satisfied that a sufficient cause prevented the appellant from filing the
appeal in time5. Thus, the Authority is required to dispose of the appeal within 90 days from the date of filing
the appeal6. However, the Authority may, for reasons to be recorded dispose of the appeal within a further
period of 30 days7.
1 For the purpose of filing an appeal the expression 'person' means:
(1) any person who is likely to be affected by the grant of environmental clearance;
(2) any person who owns or has control over the project with respect to which an application has been submitted
for environmental clearance;
(3) any association of persons, whether incorporated or not, likely to be affected by the order and functioning in
the field of environment;
(4) the Central Government where the environmental clearance is granted by the state government and the state
government where the environmental clearance is granted by the Central Government; or
(5) any local authority of which the local limits are in the neighbourhood of the area where the project is proposed
to be located: National Environment Appellate Authority Act 1997 s 11(2)(a)-(e).
4 See note 2 above.

(Environment; Misrepresentation and Fraud)/[135] ENVIRONMENT/8. PUBLIC LIABILITY INSURANCE/(1)
GENERALLY/[135.308] Legislation, scope and objective
[135.308] Legislation, scope and objective the Public Liability Insurance Act 1991 provides immediate
relief to the victims of accidents1 that occur while handling2 hazardous substances3. The Act is a beneficial
legislation with a social objective and hence must be construed liberally and in favour of the public4. In order
to ensure an immediate minimum relief to the victims of an accident, the Act requires the installations that
handle hazardous substances to obtain mandatory public liability insurance cover5.
1 As to the meaning of an 'accident' see [135.310].
3 As to the meaning of 'hazardous substances' see [135.310]. Electricity is a 'hazardous substance' within the meaning of the
Act: Uttar Pradesh State Electricity Board v District Magistrate, Dehradun Uttar Pradesh State Electricity Board v District
Magistrate, Dehradun Uttar Pradesh State Electricity Board v District Magistrate, Dehradun AIR 1998 All 1 [LNIND 1997 ALL
190] [LNIND 1997 ALL 190] [LNIND 1997 ALL 190]
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4 Uttar Pradesh State Electricity Board v District Magistrate, Dehradun Uttar Pradesh State Electricity Board v District
190] [LNIND 1997 ALL 190] [LNIND 1997 ALL 190].
5 See the Public Liability Insurance Act 1991 statement of objects and reasons. As to mandatory insurance cover see
[135.313].

GENERALLY/[135.309] Overriding effect over other laws
[135.309] Overriding effect over other laws The provisions of the Public Liability Insurance Act 1991 have
overriding effect in relation to any other law1.
1 Public Liability Insurance Act 1991 s 22.

GENERALLY/[135.310] Important definitions
[135.310] Important definitions the Public Liability Insurance Act 1991 assigns the following meaning to the
following terms:
'Owner' means a person who owns or has control over the handling of any hazardous substance at the time
of the accident and includes:
(1) any of the partners1 in the case of a firm2;

(2) any of the members in the case of an association3; and
(3) any of the directors, managers, secretaries or other officers who is directly in charge of and is
responsible to the company for the conduct of the business of the company in the case of a
company4.
'Insurance' means insurance against the liability arising under the Public Liability Insurance Act 19915.
'Handling', in relation to any hazardous substance means the manufacture, processing, treatment,
packaging, storage, transportation by vehicle, use, collection, destruction, conversion, offering for sale,
transfer or the like, of such hazardous substance6.
'Hazardous substance' means any substance or preparation which is defined as a hazardous substance in
the Environment (Protection) Act 1986 and which exceeds the quantity specified by the Central Government
under the Public Liability Insurance Act 19917.
'Relief fund' means the Environmental Relief Fund established under the Public Liability Insurance Act 19918.
'Accident' means an accident involving a fortuitous or sudden or unintended occurrence while handling any
hazardous substance that results in a continuous or intermittent or repeated exposure to death of or injury to
any person or damage to any property or environment but does not include an accident by reason only of
war or radioactivity9.
'Collector' refers to the collector having jurisdiction over the area in which the accident occurs10.
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'Vehicle' means any mode of surface transport other than railways11.
1 Public Liability Insurance Act 1991 s 2(g)(i).
2 See generally [35]BUSINESS ASSOCIATIONS (PARTNERSHIP).
3 Public Liability Insurance Act 1991 s 2(g)(ii).
4 Public Liability Insurance Act 1991 s 2(g)(iii).
5 Public Liability Insurance Act 1991 ss 2(e), 3(1)and the Sch.
6 Public Liability Insurance Act 1991 s 2(c).
7 Public Liability Insurance Act 1991 s 2(d).
8 Public Liability Insurance Act 1991 ss 2(ha). As to 'Environment Relief Fund' see [135.310] and [135.322].
9 Public Liability Insurance Act 1991 ss 2(a).
10 Public Liability Insurance Act 1991 s 2(b).
11 Public Liability Insurance Act 1991 s 2(j).

CHARACTERISTICS/[135.311] No-fault liability
[135.311] No-fault liability Payment of compensation is based on the principle of no fault liability under the
Public Liability Insurance Act 1991. Where an accident1 occurs causing death or injury2 to a person other
than a workman3 or there is damage to property, the owner4 is liable to give a specified relief5. The liability to
give relief attaches on the owner irrespective of whether or not his conduct is blame-worthy. In a claim for
relief, the claimant is not required to plead and establish that the death, injury or damage was caused due to
any wrongful act, negligence or default of any person6
2 'Injury' includes permanent total or permanent partial disability or sickness resulting from an accident: Public Liability
Insurance Act 1991 s 3(2) explanation (ii).
3 'Workman' has the meaning assigned to it under the Workmen's Compensation Act 1923: Public Liability Insurance Act 1991
s 3(2) explanation (i).
4 As to the meaning of 'owner' see [135.310].
5 Public Liability Insurance Act 1991 s 3(1)and the Sch.
6 Public Liability Insurance Act 1991 s 3(2). See generally [285] TORT and [115] DAMAGES.

CHARACTERISTICS/[135.312] Compensation
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[135.312] Compensation the Public Liability Insurance Act 1991 imposes an upper limit on the
compensation recoverable by a claimant upon death, injury or damage to property1. Medical expenses
incurred upto a maximum of Rs 12,500 may be reimbursed in each case2. The maximum compensation or
relief recoverable from the owner3 is as follows:
(1) in case of a fatal accident or a total permanent disability, the relief is Rs 25,000. This is in
addition to the reimbursement of upto a maximum of Rs 12,500 of the medical expenses that
might have been incurred on the victim4.
(2) in case of a permanent partial disability or other injury or sickness, the relief comprises:
(a) reimbursement of the medical expenses of upto Rs 12,5005; and
(b) cash relief on the basis of the percentage of disablement as certified by an authorised
physician6.
(3) in case of loss of wages due to temporary partial disability that has reduced the earning
capacity of the victim, a fixed monthly relief of upto Rs 1,000 per month may be obtained for
upto a maximum of three months. However, the relief is available only if the victim has been
hospitalised for more than three days and is over 16 years of age7.
(4) in case of damage to private property, a maximum compensation of Rs 6,000 may be obtained
under the Act depending upon the actual damage sufferred8
The right to claim relief under the Act is in addition to any other right to claim compensation under any other
law in force9. However, where an owner liable to compensate a person under the Public Liability Insurance
Act 1991 is also liable to pay compensation under any other law, the amount of compensation under that
other law must be reduced by the amount of relief paid under the Act10.
1 See the Public Liability Insurance Act 1991 s 3(1)andthe Sch.
2 Public Liability Insurance Act 1991 thesch (i).
4 Public Liability Insurance Act 1991 s 3 Sch item (ii).
5 Public Liability Insurance Act 1991 s 3 Sch item (iii)(a).
6 Public Liability Insurance Act 1991 s 3 Sch item (iii)(b).
An 'authorised physician' refers to any person registered under any central or state legislation providing for the maintenance of
a register of medical practitioners or any person declared by the state government by notification in the official gazette to be a
qualified medical practitioner in any area where no such legislation is in force: Public Liability Insurance Rules 1991 r 2(c).
7 Public Liability Insurance Act 1991 s 3 Sch item (iv).
8 Public Liability Insurance Act 1991 s 3 Sch item (v).
9 Public Liability Insurance Act 1991 s 8(1).

CHARACTERISTICS/[135.313] Mandatory insurance by owner
[135.313] Mandatory insurance by owner the Public Liability Insurance Act 1991 makes it mandatory for
the owner1 to obtain insurance2 policies providing for contracts of insurance whereby he is insured against
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the liability to give relief under the Act. The insurance policies must be taken out before the owner starts
handling3 a hazardous substance4. However, if the owner has been handling a hazardous substance before
the commencement of the Act, he must take out one or more insurance policies within one year of
commencement of the Act5. The owner is required to get the insurance policies renewed from time to time
before the expiry of the insurance policies in order to ensure that the insurance policies remain in force
throughout the period during which he handles a hazardous substance6. The failure on the part of the owner
to take out a mandatory insurance policy does not absolve him of his liability under the Act7.
The minimum amount of the policy must be the paid-up capital8 of the undertaking that handles the
hazardous substance and is owned or controlled by that owner. The maximum amount of the policy subject
to a limit of Rs 50 crore is required to be prescribed by rules made under the Act9. If the owner is not a
company, 'paid-up capital' means the market value of all assets and stocks of the undertaking on the date of
the contract of insurance10. The liability of an insurer under one insurance policy is limited to the amount
specified in the terms of the contract of insurance in that insurance policy11.
The maximum aggregate liability of the insurer to pay relief in respect of an accident12 is set at rupees five
crore. Where more than one accident occurs during the operational period of the policy or within one year,
the maximum aggregate liability of the insurer is fixed at Rs 15 crore13.
In addition to the premium, the owner is also required to pay the insurer an amount equivalent to the amount
of the premium as a contribution to the Environmental Relief Fund14 ('the Relief Fund') constituted under the
Act15. The insurer in turn must remit this amount over to the authority in which the Relief Fund vests in
accordance with the scheme framed by the Central Government. If the insurer fails to do so, the amount is
recoverable from the insurer as arrears of land revenue or of public demand16.
2 As to the meaning of 'insurance' see [135.310]. As to contracts of insurance see generally [180] INSURANCE.
4 Public Liability Insurance Act 1991 s 4(1). As to the meaning of 'hazardous substances' see [135.310].
5 Public Liability Insurance Act 1991 s 4(1) proviso.
8 See note 10 below.
9 Public Liability Insurance Act 1991 s 4(2A).
10 Public Liability Insurance Act 1991 s 4(2A) explanation. As to contracts of insurance see generally [180] INSURANCE.
11 Public Liability Insurance Act 1991 s 4(2B).
13 Public Liability Insurance Rules 1991 r 10(1).
14 As to 'Environment Relief Fund' see [135.310] and [135.322].
15 Public Liability Insurance Act 1991 s 4(2C). Also see the Public Liability Insurance Rules 1991rr 11(1)and(2) for contribution
of the owner towards the environment relief fund.
16 Public Liability Insurance Act 1991 ss 4(2D)and7A. Also see the Public Liability Insurance Rules 1991 r 11(3).
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CHARACTERISTICS/[135.314] Exemption
[135.314] Exemption The Central Government is empowered to exempt the following owners1 from taking
out an insurance2 policy by a notification:
(1) the Central Government3;

(2) any state government4;
(3) any corporation owned or controlled by the Central Government or a state government5; or
(4) any local authority6.
However, the order of exemption may be made only where after obtaining the prior approval of the Central
Government, the owner creates and maintains a fund for an amount of rupees five crore or for an amount
equal to the paid-up capital7 of the undertaking handling8 hazardous substances9, whichever is less10. The
fund so established is required to be maintained with:
(a) the State Bank of India; or

(b) any of its subsidiaries; or
(c) any nationalised bank and the amount must be readily available for meeting the liability of the
owner under the Public Liability Insurance Act 199111.
The fund is to be utilised for the purpose of meeting the liability arising out of any claim awarded against the
owner12. An administrator nominated by the owner must operate the fund. The owner is required to notify the
Central Government about the nomination of the administrator13.
2 As to the meaning of 'insurance' see [135.310].
3 Public Liability Insurance Act 1991 s 4(3)(a).
4 Public Liability Insurance Act 1991 s 4(3)(b).
5 Public Liability Insurance Act 1991 s 4(3)(c).
6 Public Liability Insurance Act 1991 s 4(3)(d).
7 As to the meaning of 'paid up capital' see [135.313].
9 As to the meaning of 'hazardous substances' see [135.310].

PROCEDURE/[135.315] Application for relief
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[135.315] Application for relief An application for a claim for relief may be made:
(1) by the person who has sustained the injury1; or

(2) by the owner of the property to which the damage has been caused2; or
(3) by all or any of the legal representatives of the deceased person where death has resulted
from the accident3; or
(4) by a duly authorised agent of the affected person or legal representatives of the deceased4.
However, where all the legal representatives of the deceased have not joined in the application for relief, the
application is required to be made on the behalf and for the benefit of all the legal representatives of the
deceased and those who have not joined as claimants must be impleaded as respondents to the
application5.
An application in support of a claim for relief under the Public Liability Insurance Act 1991 must be made in
the form prescribed by the rules6 The documents which must accompany the application where applicable,
include:
(a) a certificate of an authorised physician7 in respect of the disability, injury8 or illness9;

(b) death certificate and/or post-mortem report where the accident10 is fatal11;
(c) the employer's certificate certifying loss of wages on account of the disability with proof of age
and hospitalisation12;
(d) medical bills and receipts13; and
(e) a certificate of cost of repairs or replacement of private property damaged by the accident14.
(f) any other document that may have relevance to the claim15.
An application for relief must be made within five years of the occurrence of the accident, as an application
made beyond this period may not be entertained16.
1 Public Liability Insurance Act 1991 s 6(1)(a)
6 Public Liability Insurance Act 1991 s 6(2). Also see the Public Liability Insurance Rules 1991 r 3 Form I.
7 As to the meaning of an 'authorised physician' see [135.312] note 6.
8 As to the meaning of an 'injury' see [135.310].
9 Public Liability Insurance Rules 1991 r 4(i).
11 Public Liability Insurance Rules 1991 r 4(ii).
12 Public Liability Insurance Rules 1991 r 4(iii).
13 Public Liability Insurance Rules 1991 r 4(iv).
14 Public Liability Insurance Rules 1991 r 4(v).
15 Public Liability Insurance Rules 1991 r 4(vi).

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PROCEDURE/[135.316] Award of relief
[135.316] Award of relief On receiving an application for a claim for relief1, the collector2 is required to give
notice of the application to the owner3 and also to give an opportunity to the parties of being heard. The
collector must hold an inquiry into the claim or each of the claims as the case may be and pass an award
determining the quantum of relief. The award must specify the person or persons to whom the amount of
relief must be paid4 . Claims for relief are required to be disposed of as expeditiously as possible and every
effort must be made by the collector to dispose of the claims within three months of receiving the application
for relief5. The collector is under an obligation to arrange for copies of the award to be delivered to the
parties promptly and in any event, within 15 days from the date of the award6.
After the award is made by the collector:
(1) the insurer who is under an obligation to make payment in terms of the award, is required to
deposit the amount in such manner as the collector may direct within 30 days of the
announcement of the award7.
(2) the collector is required to arrange for payment from the Environmental Relief Fund8 to the
person or persons payable under the terms of the award and in accordance with the scheme
made for the administration of the Environmental Relief Fund9.
(3) the owner is under an obligation to deposit the amount payable by him in accordance with the
directions of the collector10.
Where an insurer or owner, against whom an award is made, fails to deposit the amount of such award
within the period directed by the collector, such amount is recoverable from the insurer or the owner as
arrears of land revenue or of public demand11.
1 As to an application of claim for relief see [135.315].
2 As to the meaning of 'collector' see [135.310].
4 Public Liability Insurance Act 1991 s 7(1). As to awards see generally[20]ARBITRATION.
8 As to environmental relief fund see [135.310].

POWERS OF COLLECTOR/[135.317] Powers of the collector
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[135.317] Powers of the collector For the purposes of holding an inquiry, the collector is empowered to
follow that summary procedurea which he considers appropriate subject to any rules that may be framed for
an inquiry1. The collector is empowered with all the powers of a civil court for the following purposes namely:
(1) for taking evidence on oath and enforcing the attendance of witnesses2;
(2) compelling the discovery and production of documents and material objects3;
(4) requisitioning public records or documents5;
(6) dismissing an application for default or proceeding ex parte7; or
(7) setting aside any order of dismissal of any application for default or any order passed ex
parte8.
For the purpose of adjudicating a claim for relief, the collector has the inherent powers of a civil court under
the Code of Civil Procedure 19089. The collector is also deemed to be a civil court for the purposes of the
Code of Criminal Procedure 197310. Where it is apprehended that an owner is likely to remove or dispose of
his property in order to evade payment of any amount payable under an award, the collector is empowered
to grant a temporary injunction to restrain the action in accordance with the provisions of the Code of Civil
Procedure 190811.
1 Public Liability Insurance Act 1991 s 7(4). Also see the Public Liability Insurance Rules 1991 r 5(0.
2 Public Liability Insurance Rules 1991 r 5(ii)(a). As to evidence on oath see EVIDENCE [145.234].
3 Public Liability Insurance Rules 1991 r 5(ii)(b).
4 Public Liability Insurance Rules 1991 r 5(ii)(c). As to evidence on affidavits see EVIDENCE [145.259].
5 Public Liability Insurance Rules 1991 r 5(ii)(d).
6 Public Liability Insurance Rules 1991 r 5(ii)(e). As to the issue of commissions see EVIDENCE [145.236].
7 Public Liability Insurance Rules 1991 r 5(ii)(f).
8 Public Liability Insurance Rules 1991 r 5(ii)(g).
9 Public Liability Insurance Rules 1991 r 5(ii)(h). Also see CIVIL PROCEDURE[65-005] and following for inherent powers of the
court.
10 See the Public Liability Insurance Act 1991 s 7(5). See generally [105] CRIMINAL LAW AND PROCEDURE.
11 Public Liability Insurance Act 1991 s 7(8). As to securing the ends of justice see also CIVIL PROCEDURE [65.082] and
following. As to awards see generally [20]ARBITRATION.

POWERS OF COLLECTOR/[135.318] Duty regarding verfication
[135.318] Duty regarding verfication Whenever the collector1 learns that an accident2 has occurred at a
place within his jurisdiction, he must verify the occurrence of the accident and give appropriate publicity for
inviting applications for claiming relief3. The owner cannot escape liability merely because the occurrence of
the accident has not been verified by the collector4.
1 As to the meaning of a 'collector' see [135.310].

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3 Public Liability Insurance Act 1991 s 5. As to the persons who can claim relief see [135.315].

POWERS OF THE CENTRAL GOVERNMENT/A. GENERAL POWERS OF THE CENTRAL
GOVERNMENT/[135.319] Powers to make rules
[135.319] Powers to make rules The Central Government is empowered to make rules for carrying out the
purposes of the Public Liability Insurance Act 19911. Without limiting the general power of the Central
Government to make rules, the rules may provide for:
(1) the maximum amount for which an insurance policy must be taken out by an owner2;
(2) the amount that must be paid by every owner into the Environment Relief Fund3;
(3) the manner in which and the period within which, the amount received from the owner is
required to be remitted by the insurer4;
(4) the establishment and maintenance of a fund by owners who are exempt from obtaining an
insurance5;
(5) the form of application, information and documents required for claiming relief6.
(6) the procedure that must be followed by the collector for holding an inquiry to determine
whether relief may be granted7;
(7) the purposes for which the collector8 must have the powers of a civil court9;
(8) the manner in which notice of an offence and of the intention to make a complaint to the
Central Government must be given10; and
1 Public Liability Insurance Act 1991 s 23(1)
2 Public Liability Insurance Act 1991 s 23(2)(a). As to the meaning of an 'owner' see [135.310].
3 Public Liability Insurance Act 1991 s 23(2)(aa). As to 'Environment Relief Fund' see [135.310] and [135.322].
4 Public Liability Insurance Act 1991 s 23(2)(ab).
5 Public Liability Insurance Act 1991 s 23(2)(ac). As to the owners who are exempt from obtaining insurance see [135.314].
6 Public Liability Insurance Act 1991 s 23(2)(b). As to an application for relief see [135.315].
7 Public Liability Insurance Act 1991 s 23(2)(c). As to the powers of the collector see [135.317].
8 As to the meaning of 'collector' see [135.310].
10 Public Liability Insurance Act 1991 s 23(2)(e). As to cognisance of offences see [135.331].
11 Public Liability Insurance Act 1991 s 23(2f).

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GOVERNMENT/[135.320] Laying, modification or annulment of rules
[135.320] Laying, modification or annulment of rules Every rule made by the Central Government under
the Public Liability Insurance Act 1991 must be laid before each house of Parliament, while it is in session,
for a period of 30 days which may be comprised in one session or in two or more successive sessions1.
If before the expiry of the session2, both houses agree to making any modification in the rule or both houses
agree that the rule must not be made, the rule will, thereafter, have effect only in such modified form or will
have no effect, as the case may be. However, such modification or annulment does not prejudice the validity
of anything done previously under the original rule3.
2 Ie the session that immediately follows the one in which the 30 day period expired.
3 See note 1 above.

GOVERNMENT/[135.321] Overriding powers to issue directions
[135.321] Overriding powers to issue directions The Central Government has an overriding power with
respect to the provisions of any other law, to issue written directions to any owner1 or any person, officer,
authority or agency This power is subject to the provisions of the Public Liability Insurance Act 1991. The
concerned owner, person, officer, authority or agency must comply with the directions2. The power to issue
directions includes:
(1) the power to direct prohibition or regulation of handling3 of any hazardous substance4 ; and
(2) the power to direct stoppage or regulation of supply of electricity, water or any other service5.
Every direction issued by the Central Government should be in writing3 and should specify:
(a) the nature of the action to be taken; and

(b) the time within which it must be complied with by the person to whom it is given6.
Before the final direction is issued, the concerned owner, person, officer, authority or agency is required to
be served with a copy of the proposed direction and must be given an opportunity, of a minimum of 15 days
from the date of service of the notice, to file objections7.
The Central Government is required to consider the objections and record the reasons for confirming,
modifying or deciding not to issue the proposed direction in writing,. This exercise must be completed by the
Central Government within a period of 45 days from the date of receiving the objections or from the date upto
which an opportunity was given for filing of objections, whichever is earlier8. Where the Central Government
is of the opinion that it is not expedient to offer an opportunity for the filing of objections, in view of the
likelihood of a grave injury to the public, it may issue directions without providing such an opportunity, for
reasons to be recorded in writing9.
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4 Public Liability Insurance Act 1991 s 12 explanation (a). As to the meaning of'hazardous substances' see [135.310].
5 Public Liability Insurance Act 1991 s 12 explanation (b).

POWERS OF THE CENTRAL GOVERNMENT/B. SPECIFIC POWERS OF THE CENTRAL
GOVERNMENT/[135.322] Power to establish the Environmental Relief Fund
[135.322] Power to establish the Environmental Relief Fund The Central Government is empowered to
establish a fund to be known as the Environmental Relief Fund (the 'Relief Fund') by notification in the official
gazette1. The Relief Fund is to be utilised for granting relief under the awards2 made by the collector3. The
Central Government ' may frame a scheme specifying:
(1) the authority in which the Relief Fund must vest;

(2) the manner in which the Relief Fund is required to be administered;
(3) the form and manner in which money may be withdrawn from the Relief Fund; and
(4) all other matters concerned with the administration of and payments from the Relief Fund4.
Every owner5 is required to make a contribution, equivalent to the amount of premium payable by him to the
insurer, to the Relief Fund6.
1 Public Liability Insurance Act 1991 s 7A(1).
2 As to awards see [135.316]. As to awards see generally [20]ARBITRATION.
3 Public Liability Insurance Act 1991 s 7A(2). As to the meaning of a 'collector' see [135.310].
4 Public Liability Insurance Act 1991 s 7A(3).
6 See mandatory insurance by the owner [135.313].

GOVERNMENT/[135.323] Power to call for information
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[135.323] Power to call for information A person authorised by the Central Government may require an
owner1 to provide information for the purpose of ascertaining whether the provisions of the Public Liability
Insurance Act 1991 or any rule or direction made under the Act have been complied with. The information
required must be the one that the person may reasonably think necessary2.

GOVERNMENT/[135.324] Powers of entry and inspection
[135.324] Powers of entry and inspection A person authorised by the Central Government is empowered
to enter any place, premises or vehicle1 where a hazardous substance2 is handled3, for the purpose of
ascertaining whether the provisions of the Public Liability Insurance Act 1991 or rules or directions made
under it are being or have been complied with. The person authorised is empowered to so enter, at all
reasonable times and with the necessary assistance. The owner4 is bound to assist the inspector during the
inspection5.
1 As to the meaning of a 'vehicle' see [135.310].

GOVERNMENT/[135.325] Powers of search and seizure
[135.325] Powers of search and seizure Where a person authorised by the Central Government believes
that a hazardous substance1 is being handled2 in any place, premises or vehicle3 in violation of the
provisions of the Public Liability Insurance Act 1991, the person is empowered to enter into and search the
concerned place, premises or vehicle4. Where the search reveals contravention of the provisions of the Act,
the authorised person is empowered to seize the hazardous substance and other things that he believes to
be useful or relevant to the proceedings under the Act5. However, where it is not practicable to seize the
hazardous substance or thing, the authorised person is empowered to serve an order on the owner6
restraining him from removing, parting with or otherwise dealing with the hazardous substance or thing,
without previous permission of the authorised person7. The authorised person is also empowered to dispose
of the seized hazardous substance immediately, if he has a reason to believe that it is necessary to do so in
order to prevent an accident8.
The expenses incurred by the authorised person, in the disposal of the hazardous substance, are
220 90
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recoverable from the owner as arrears of land revenue or of public demand9.
8 Public Liability Insurance Act 1991 s 11(3). As to the meaning of an 'accident' see [135.310].

GOVERNMENT/[135.326] Power to apply for a restraint order
[135.326] Power to apply for a restraint order The Central Government or a person authorised by the
Central Government is empowered to make an application to a court for an order restraining an owner1 from
handling2 a hazardous substance3, when the Central Government or the person so authorised apprehends
that the owner has been handling any hazardous substance in contravention of the provisions of the Public
Liability Insurance Act 1991. The court concerned must not be inferior to that of a metropolitan magistrate or
a judicial magistrate of first class4.
On receiving the application, the court may pass appropriate orders5. Where the court passes a restraint
order, preventing the owner from handling a hazardous substance, it may in that order
(1) direct the owner to desist from handling the hazardous substance6;
(2) authorise the Central Government or the person authorised by the Central Government to
implement the judicial direction, in the manner specified by the court, in case the owner fails to
comply with it7.
The expenses incurred by the Central Government or the person authorised by the Central Government in
implementing the directions of the court are required to be recovered from the owner as arrears of land

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GOVERNMENT/[135.327] Power to constitute an advisory committee
[135.327] Power to constitute an advisory committee The Central Government is empowered to

constitute an advisory committee on matters relating to the insurance policy required to be taken out under
the Public Liability Insurance Act 1991, from time to time1. The advisory committee, whose members are
appointed by the Central Government, must consist of:
(1) three officers representing the Central Government2 ;

(2) two representatives of the insurers3;
(3) two representatives of the owners4; and
(4) two experts in insurance or hazardous substances5.
The chairman of the advisory committee must be one of the members representing the Central Government,
nominated in this behalf by that government6.
1 Public Liability Insurance Act 1991 s 21(1). As to mandatory insurance by owner see [135.313].
2 Public Liability Insurance Act 1991 s 2 1(2)(a).
4 Public Liability Insurance Act 1991 s 21(2)(c). As to the meaning of an 'owner' see [135.310].
5 Public Liability Insurance Act 1991 s 21(2)(d). As to the meaning of 'hazardous substances' see [135.310].

GOVERNMENT/[135.328] Power to delegate
[135.328] Power to delegate Under the Public Liability Insurance Act 1991, the Central Government is
empowered to delegate its powers and functions to any person including any officer, authority or other
agency by notification. However, this is subject to the conditions and limitations specified in the notification.
All powers under the Act are delegable, except the power to make rules1.
1 Public Liability Insurance Act 1991 s 19. As to the power of the Central Government to make rules see [135.319].

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POWERS OF THE CENTRAL GOVERNMENT/C. OFFENCES, PENALTIES AND EXCEPTIONS/[135.329]
Offences by companies
[135.329] Offences by companies Where an offence has been committed by a company1, all
officers-in-charge2 are deemed to be guilty of the offence and are liable to be proceeded against and
punished3. However, where a person proves that the offence was committed without his knowledge or that
he exercised due diligence to prevent the commission of the offence, he may not be liable to any
punishment4.
consent or connivance of or was attributable to any negligence on the part of a director5, manager, secretary
or other officer of the company, the person concerned is also deemed to be guilty of the offence and is liable
to be proceeded against and punished6.
firm or other association of individuals: Public Liability Insurance Act 1991 s 16 explanation (a). As to companies in general
see[40]BUSINESS ASSOCIATIONS (COMPANIES AND CORPORATIONS).
2 Ie all the persons who at the time when the offence was committed, were directly in charge of and were responsible to the
company for the conduct of the business of the company as well as the company.
5 The expression 'director' in relation to a firm, means a partner in the firm: Public Liability Insurance Act 1991 s 16 explanation
(b). As to directors in general see[35]BUSINESS ASSOCIATIONS (PARTNERSHIP). Also see generally [285] TORT.

Offences by government departments
[135.330] Offences by government departments Where an offence is committed by any government

department, under the Public Liability Insurance Act 1991, the head of the department is deemed to be guilty
of the offence and is liable to be proceeded against and punished1. However, where the head of the
department proves that the offence was committed without his knowledge or that he exercised due diligence
to prevent commission of the offence, he may not be liable to any punishment2.
2 Public Liability Insurance Act 1991 s 17 proviso.

Cognisance of offences
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[135.331] Cognisance of offences A court must not take cognisance of an offence under the Public Liability
Insurance Act 1991, except on a complaint made by:
(1) the Central Government or an authority or officer authorised by the Central Government1; or
(2) any person who has given a notice2 of not less than 60 days of the alleged offence and of his
intention to make a complaint to the Central Government, the authorised authority or officer3.
the Public Liability Insurance Rules 1991 prescribe the form of the notice and the authorities to whom copies
of the notice must be sent4.
1 Public Liability Insurance Act 1991 s 18(a).
2 Ie notice in the manner prescribed under the Public Liability Insurance Act 1991.
3 Public Liability Insurance Act 1991 s 18(b).
4 See the Public Liability Insurance Rules 1991 r 9.

Penalty
[135.332] Penalty A person who fails to:
(1) take out and renew insurance policies1; or

(2) contribute to the Environmental Relief Fund2, as required; or
(3) obey the directions issued by the Central Government3, is punishable with imprisonment for a
minimum term of one year and six months, which may extend upto six years or with a minimum
fine of Rs 100,000 or with both4
Where a person who has already been convicted of the above mentioned offence, is convicted again for a
similar offence or any offence subsequent to the second offence, he is punishable with imprisonment for a
minimum term of two years and a maximum of seven years and with a minimum fine of Rs 100, 0005.
Where an owner6 of a hazardous substance7 fails to:
(a) comply with the directions that require him to furnish information8; or
(b) comply with the order that restrains him from removing, parting with or otherwise dealing with a
hazardous substance without permission of the authority, he is punishable with imprisonment
for a term of up to three months or with a maximum fine of Rs 10, 000 or with both9.
The same penalty applies to owners who obstruct persons, authorised by the Central Government, to
inspect10 or search any place, premises or vehicle11 or to dispose of any seized hazardous substance12.
1 As to mandatory insurance by owner see [135.313].
2 As to 'Environment Relief Fund' see [135.310] and [135.322].
3 As to the power of the Central Government to issue directions see [135.321].

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8 As to the power of the Central Government to call for information see [135.323].
10 As to the power of the Central Government to enter and inspect see [135.324].

Protection of action in good faith
[135.333] Protection of action in good faith In case of an action in good faith1, no suit, prosecution or
other legal proceeding may lie against the government or the person, office, authority or other agency, in
respect of anything which is done or intended to be done, in pursuance of the Public Liability Insurance Act
1991, the rules framed or orders or directions issued under the Act2.
1 As to action in good faith see generally [285] TORT.

(Environment; Misrepresentation and Fraud)/[135] ENVIRONMENT/9. FOREST LAWS/(1) INDIAN FOREST
ACT 1927/A. GENERALLY/[135.334] Background and legislation
[135.334] Background and legislation The British government consolidated the law relating to forests and
forest-produce1 with the Indian Forest Act 19272. When India gained independence, forests were placed on
the state list of the Constitution3 and individual state forest departments continued to regulate forests in
accordance with the Indian Forest Act 1927, as implemented by state regulations. In 1976, the subject 'forest'
was transferred from the state list to the concurrent list of the Constitution4.
1 As to the meaning of 'forest-produce' see [135.335] and [135.388].
2 Indian Forest Act 1927 statement of objects and reasons.
3 Constitution of India Sch 7 List 2. See generally[80]CONSTITUTIONAL LAW.
4 Constitution of India Sch 7 List 3. See generally[80]CONSTITUTIONAL LAW.

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ACT 1927/A. GENERALLY/[135.335] Some important definitions
[135.335] Some important definitions the Indian Forest Act 1927 defines the following expressions thus:
'Cattle' includes elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses,
pigs, rams, ewes, sheep, lambs, goats and kids1.
'Forest officer' refers to any person whom the state government or any office empowered by the state
government in this behalf, may appoint to carry out all or any of the purposes of the Act or to do anything
required by the Act or any rule made under it, to be done by a forest officer2.
'Forest-offence' means an offence punishable under the Act or under any rule made under it3.
'Forest-produce' includes:
(1) timber, charcoal, caoutchouc, catechu, wood-oil, resin, natural varnish, bark, lac, mahua
flowers, mahua seeds and myrabolams, whether found in or brought from a forest or not; and
(2) the following when found in or brought from a forest, that is to say: (a) trees, leaves, flowers,
fruits and all other parts or produce of trees;
(b) plants not being trees including grass, creepers, reeds and moss and all parts or
produce of such plants;
(c) wild animals and skins, tusks, horns, bones, silk, cocoons, honey and wax and all other
parts or produce of animals; and
(d) peat, surface soil, rock and minerals including lime-stone, laterite, mineral oils and all
products of mines or quarries4.
'River' includes any stream, canal, creek or other natural or artificial channels5.
'Timber' includes trees when they have fallen or have been felled and all wood, whether or not cut up,
fashioned or hollowed out for any purpose6.
'Tree' includes palms, bamboos, stumps, brush-wood and canes7.
1 Indian Forest Act 1927 s 2(1).

ACT 1927/B. AUTHORITIES UNDER THE INDIAN FOREST ACT 1927/(i) Forest Settlement
Officer/[135.336] Appointment and powers
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[135.336] Appointment and powers the Indian Forest Act 1927 envisages the appointment of a forest
settlement officer, to carry out the purposes of the Act1. State governments may vest the powers to enter any
land, survey, demarcate and make a map of such land in such officer2. The forest settlement officer is
deemed to be a collector for proceedings under the Land Acquisition Act 18943 and can exercise the powers
of a civil court in the trial of suits4.
1 See the Indian Forest Act 1927 s 4(1)(c).
2 Indian Forest Act 1927 s 8(a).
3 See the Indian Forest Act 1927 s 11(3)(a).
4 Indian Forest Act 1927 s 8(b).

Officer/[135.337] Proclamation by forest settlement officer
[135.337] Proclamation by forest settlement officer Upon notification by state governments to constitute a
reserved forest1, the forest settlement officer must publish the intention of the government to declare the
area as a reserved forest2, in a local vernacular in and around such land. The proclamation must:
(1) specify the situation and limits of the proposed forest, as nearly as possible3;
(2) explain the consequences that may ensue on the reservation of such forest4;
(3) fix a period of not less than three months from the date of such proclamation5; and
(4) require every person, claiming any right within such period6, either to present a written notice
to the forest settlement officer or to appear before him and state the nature of such right, the
amount and particulars of the compensation, if any, claimed in its respect7.
1 As to a notification by a state government to constitute a reserved forest see [135.347]-[135.351].
2 As to reserved forests see [135.346] and following.
3 Indian Forest Act 1927 s 6(a). See Banwasi Seva Ashram v State of Uttar Pradesh Banwasi Seva Ashram v State of Uttar
Pradesh Banwasi Seva Ashram v State of Uttar Pradesh AIR 1987 SC 374 [LNIND 1986 SC 472] [LNIND 1986 SC 472]
[LNIND 1986 SC 472](the Supreme Court directed the forest settlement officer to raise demarcating pillars identifying the lands
covered by the notification).
5 Indian Forest Act 1927 s 6(c).
6 Indian Forest Act 1927 s 6. See Hardyal v District Judge, Jhansi Hardyal v District Judge, Jhansi Hardyal v District Judge,
Jhansi AIR 1972 All 471 (the period for making a claim under the Indian Forest Act 1927 s 6 cannot be equated with the period
of limitation under the Limitation Act 1963 and no formal application for condonation of delay is necessary).
7 Uttar Pradesh Legal Aid and Advise Board v State of Uttar Pradesh Uttar Pradesh Legal Aid and Advise Board v State of
Uttar Pradesh Uttar Pradesh Legal Aid and Advise Board v State of Uttar Pradesh AIR 1991 All 281 [LNIND 1991 ALL 101]
[LNIND 1991 ALL 101] [LNIND 1991 ALL 101](rejection of a claim merely because it was incorrectly stamped is improper).

227 97
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Officer/[135.338] Inquiry by forest settlement officer
[135.338] Inquiry by forest settlement officer The forest settlement officer must:
(1) take down all statements made, in writing1; and

(2) inquire into all claims duly preferred, at some convenient place2; and
(3) inquire into the existence of any rights mentioned3 and not claimed4 so far as the same may
be ascertainable from the records of the government and the evidence of any persons likely to
be acquainted with the same5.
1 Ie made in response to the proclamation issued under the Indian Forest Act 1927 s 6.
2 Uttar Pradesh Legal Aid and Advise Board v State of Uttar Pradesh Uttar Pradesh Legal Aid and Advise Board v State of
Uttar Pradesh Uttar Pradesh Legal Aid and Advise Board v State of Uttar Pradesh AIR 1991 All 281 [LNIND 1991 ALL 101]
[LNIND 1991 ALL 101] [LNIND 1991 ALL 101](the forest settlement officer is under an obligation to inquire into all claims,
including those whose rights may be ascertained from government records; the rights of innocent and illiterate persons such as
adivasis, if ascertainable from government records already existing or prepared during survey and revision, may be taken into
account by the forest settlement officer).
3 Ie rights mentioned under the Indian Forest Act 1927 ss 4 or 5.
4 Ie rights not claimed under the Indian Forest Act 1927 s 6.
5 Indian Forest Act 1927 s 7. See generally [145] EVIDENCE.

ACT 1927/B. AUTHORITIES UNDER THE INDIAN FOREST ACT 1927/(ii) Forest Officer/(A)
Generally/[135.339] Forest officer as public servant
[135.339] Forest officer as public servant All forest officers1 are deemed to be public servants within the
meaning of the Indian Penal Code 18602.
1 As to the meaning of 'forest officer' see [135.335].
2 Indian Forest Act 1927 s 73 (see generally [105] CRIMINAL LAW AND PROCEDURE).

ACT 1927/B. AUTHORITIES UNDER THE INDIAN FOREST ACT 1927/(ii) Forest Officer/(A)
Generally/[135.340] Appointment and powers
[135.340] Appointment and powers the Indian Forest Act 1927 envisages the appointment of forest
officers1, to carry out all or any of the purposes of the Act. State governments can vest a forest officer with
the following powers:
228 98
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(1) power to enter any land, to survey, demarcate and make a map of such land2.
(2) power of a civil court to compel the attendance of witnesses, production of documents and
material objects3;
(3) power to issue a search warrant under the Code of Criminal Procedure 19734; and
(4) power to hold an inquiry into forest-offences5 and receive and record evidence6.
1 As to the meaning of a 'forest officer' see [135.335].
2 Indian Forest Act 1927 s 72(1)(a).
3 Indian Forest Act 1927 s 72(1)(b).
4 Indian Forest Act 1927 s 72(1)(c) (see generally [105] CRIMINAL LAW AND PROCEDURE).
5 As to the meaning of a 'forest-offence' see [135.335].
6 Indian Forest Act 1927 s 72(1)(d) (see generally [145] EVIDENCE).

ACT 1927/B. AUTHORITIES UNDER THE INDIAN FOREST ACT 1927/(ii) Forest Officer/(B) Prohibition and
Privilege/[135.341] Forest officer not to trade
[135.341] Forest officer not to trade A forest officer1 must not:
(1) trade in timber2 or other forest-produce3, as principal or agent;

(2) be or become interested in a lease of any forest or in any contract for working any forest,
whether in or outside the territories, to which the Indian Forest Act 1927 extends;
except with the permission of the state government, in writing4.
3 As to the meaning of 'timber' see [135.335].
4 Indian Forest Act 1927 s 74. See generally[95]CONTRACT.

ACT 1927/B. AUTHORITIES UNDER THE INDIAN FOREST ACT 1927/(ii) Forest Officer/(B) Prohibition and
Privilege/[135.342] Indemnity for action in good faith
[135.342] Indemnity for action in good faith A forest officer is a public servant1 and no suit lies against any
public servant for anything done by him in good faith under the Indian Forest Act 19272

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2 Indian Forest Act 1927 s 74.

ACT 1927/B. AUTHORITIES UNDER THE INDIAN FOREST ACT 1927/(ii) Forest Officer/(C) Duty Towards
Forest Officer/[135.343] Duty to assist forest officer
[135.343] Duty to assist forest officer Every person1 must furnish any information he may possess in
respect of commission of or intention to commit any forest-offence2, without unnecessary delay, to the
nearest forest police officer and must also take steps to do the following:
(1) to extinguish any forest fire in such forest of which he has knowledge or information on3;
(2) to prevent any fire in the vicinity of such forest of which he has knowledge or information from
spreading to such forest, by any lawful means in his power and must assist any forest or police
officer demanding his aid4: (a) in preventing the commission of any forest-offence5 in such
forest; and (b) in discovering and arresting the offender, when there is reason to believe that
any such offence has been committed in such forest;
whether so required by any forest or police officer or not6.
1 Ie every person:
(1) who exercises any right in a reserved or protected forest; or

(2) who is permitted to take any forest-produce, to cut and remove timber or to pasture cattle in such forest; and
(3) who is employed by any such person in such forest; and
(4) who is employed by the government, in any village contiguous to such forest; or
(5) who is employed or receives emoluments from the government for services to be performed for the
community.
2 As to the meaning of 'forest-offence' see [135.335].
5 Indian Forest Act 1927 s 79(1)(c).
6 Indian Forest Act 1927 s 79(1)(d).

ACT 1927/B. AUTHORITIES UNDER THE INDIAN FOREST ACT 1927/(ii) Forest Officer/(C) Duty Towards
Forest Officer/[135.344] Consequences of failure to assist
[135.344] Consequences of failure to assist A person bound to assist1 a forest or police officer is
punishable with imprisonment for a term which extend to one month or with fine which may extend to Rs 200
or with both if he fails, without any lawful excuse, to do the following:
(1) to furnish any information required without unnecessary delay to the nearest forest or police
officer2;
(2) to take steps to extinguish any forest fire in a reserved or protected forest3;
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(3) to prevent any fire in the vicinity of such forest from spreading4; or
(4) to assist any forest or police officer, demanding his aid, in preventing the commission of any
forest-offence, in such forest or in discovering and arresting the offender, when there is reason
to believe that any such offence has been committed in such forest5.
1 As to the duty to assist a forest officer see [135.343].

(Environment; Misrepresentation and Fraud)/[135] ENVIRONMENT/9. FOREST LAWS/(2) TYPES OF
FORESTS/A. GENERALLY/[135.345] Introduction
[135.345] Introduction the Indian Forest Act 1927 provides state governments the jurisdiction over both
public and private forests and facilitates the extraction of timber1 for profit. Those public forests in which state
governments have a proprietary interest, are divided into three categories namely, reserved forests2, village
forests3 and protected forests4. Although the Indian Forest Act 1927 deals specifically with reserved forests,
village forests and protected forests, the preamble and other provisions of the Act are wide enough to cover
all categories of forests5.
3 As to village forests see [135.368].
4 As to protected forests see [135.369] and following.
5 Mulamchand Ratilal v State of Madhya Pradesh Mulamchand Ratilal v State of Madhya Pradesh Mulamchand Ratilal v State
of Madhya Pradesh AIR 1960 MP 152 [LNIND 1959 MP 205] [LNIND 1959 MP 205] [LNIND 1959 MP 205].
Other categories of forests include:
(1) 'Private protected forests', as defined under the Bihar Private Forests Act 1947 s 3(10);
(2) 'Demarcated' and 'undemarcated forests', as defined under the Jammu and Kashmir Forests Act 1987 s 2;
and
(3) 'Vested forests', as defined under the Uttar Pradesh Private Forests Act 1948 s 3(22).

FORESTS/B. RESERVED FORESTS/(i) Generally/[135.346] Meaning
[135.346] Meaning State governments may constitute any forest-land or wasteland as a reserved forest:
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(1) which is the property of the government; or

(2) over which the government has proprietary rights; or
(3) in respect of which the government is entitled to receive forest-produce1.
1 Indian Forest Act 1927 s 3. As to the meaning of 'forest-produce' see [135.335] and [135.388].

FORESTS/B. RESERVED FORESTS/(ii) Notifications Regarding Reserved Forests/[135.347] Notification in
official gazette
[135.347] Notification in official gazette Whenever a state government has decided to constitute any land
as a reserved forest, it must issue a notification in the official gazette:
(1) declaring that it has been decided to constitute such land as a reserved forest1;
(2) specifying the situation and limits of such land as nearly as possible2; and
(3) appointing an officer, known as the forest settlement officer to:
(a) inquire into and determine the existence, nature and extent of any rights alleged to exist
in favour of any person in or over any land comprised within such limits or in or over any
forest-produce3; and
(b) to deal with the same in the prescribed manner4.
2 Indian Forest Act 1927 s 4(1)(b). While specifying the limits of land, it must be sufficient to describe the limits of the forest by
roads, rivers, ridges or other well-known or readily intelligible boundaries: Indian Forest Act 1927 s 4(1) explanation.

FORESTS/B. RESERVED FORESTS/(ii) Notifications Regarding Reserved Forests/[135.348] Final
notification on reserved forests
[135.348] Final notification on reserved forests When the following events have occurred, namely:
(1) the period fixed for preferring claims1 have elapsed and all claims made2, if any, have been
disposed of by the forest settlement officer3;
(2) the period for appealing4, from the orders passed on such claims has elapsed and all appeals,
if any, presented within such period have been disposed of by the appellate officer or court5;
and
(3) all lands, if any, to be included in the proposed forest, which the forest settlement officer has
elected to acquire6 under the Land Acquisition Act 1894, have become vested in the
government,
232102
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the state government must publish a notification in the official gazette specifying definitely according to
boundary-marks erected or otherwise, the limits of the forest which is to be reserved and declaring the same
to be reserved from a date fixed by the notification7.
From the date so fixed, such forest must be deemed to be a reserved forest8.
1 As to the period fixed for preferring claims see [135.337] and [135.338]
2 Ie the claims made under Indian Forest Act 1927 ss 6 or 9.
3 Indian Forest Act 1927 s 20(1)(a). See Yashwant Stone Works v State of Uttar Pradesh Yashwant Stone Works v State of
Uttar Pradesh Yashwant Stone Works v State of Uttar Pradesh AIR 1988 All 121 [LNIND 1987 ALL 256] [LNIND 1987 ALL 256]
[LNIND 1987 ALL 256](the final notification under the Indian Forest Act 1927 s 20 is not necessary for the application of Forest
(Conservation) Act 1980).
4 As to the period limited for appealing see [135.365].
6 See generally [195] LAND ACQUISITION, ADMINISTRATION AND DIVISION.

FORESTS/B. RESERVED FORESTS/(ii) Notifications Regarding Reserved Forests/[135.349] Translation of
notification
[135.349] Translation of notification The forest officer1 must cause the notification2 translated into the local
vernacular, to be published in every town and village in the neighbourhood of the forest, before the date fixed
by such notification3.
2 As to notification regarding reserved forests see [135.347] and following.

FORESTS/B. RESERVED FORESTS/(ii) Notifications Regarding Reserved Forests/[135.350] Modification of
orders
[135.350] Modification of orders The state government may, within five years from the publication of any
notification1, revise any arrangement made2, rescind or modify any order made3 and direct that any of the
specified proceedings 4 be taken in lieu of any other of such proceedings or that the admitted rights5, be
commuted6.
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1 As to notifications regarding reserved forests see [135.347] and following.
2 Ie arrangement made under the Indian Forest Act 1927 ss 15 or 18 (see [135.362] and [135.366])
3 Ie order made under the Indian Forest Act 1927 ss 15 or 18 (see [135.362] and [135.366])
4 Ie proceedings specified under the Indian Forest Act 1927 s 15 (see [135.362]).
5 Ie rights admitted under the Indian Forest Act 1927 s 12 (see [135.359]).
6 Ie rights commuted under the Indian Forest Act 1927 s 16 (see [135.363]).

FORESTS/B. RESERVED FORESTS/(ii) Notifications Regarding Reserved Forests/[135.351] Declaration of
a forest as 'no longer reserved'
[135.351] Declaration of a forest as 'no longer reserved'. The state government may, by notification in the
official gazette, direct that, any forest or any portion of the forest, reserved under the Indian Forest Act 1927
must cease to be a reserved forest from a date fixed by such notification1.
From the date so fixed, such forest or portion must cease to be reserved but the rights, if any, which have
been extinguished therein must not revive in consequence of such cessation2.

FORESTS/B. RESERVED FORESTS/(iii) Acts Prohibited in Reserved Forests/[135.352] Prohibited acts
[135.352] Prohibited acts A person is punishable with imprisonment for a term which may extend to six
months or with fine which may extend to Rs 500 or with both, in addition to such compensation for damage
done to the forest as the convicting court may direct to be paid, if he:
(1) makes any fresh clearing that is prohibited1; or

(2) sets fire to a reserved forest, kindles any fire or leaves any fire burning in contravention of any
rules made by the state government in this behalf, in such manner as to endanger such a
forest2; or
(3) kindles, keeps or carries any fire except at such seasons as the forest officer may notify in this
behalf3;
(4) trespasses, pastures cattle or permits cattle to trespass4;
(5) causes any damage by negligence in felling any tree, cutting or dragging any timber5;
(6) fells, girdles, lops or burns any tree or strips off the bark or leaves from or otherwise damages
the same6;
(7) quarries stone, burns lime or charcoal, collects, subjects to any manufacturing process or
removes any forest-produce7;
(8) clears or breaks up any land for cultivation or any other purpose8;
(9) hunts, shoots, fishes, poisons water or sets traps or snares in contravention of any rules made
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in this behalf by the state government9; or

(10) kills or catches elephants in contravention of any rules so made, in any area in which the
Elephant's Preservation Act 1879 is not in force10,
It will not be deemed to prohibit:
(a) any act done with permission of the forest officer11 in writing or under any rule made by the
state government12; or
(b) the exercise of any right continued13 or created by grant or contract in writing made by or on
behalf of the government14.
Whenever fire is caused wilfully or by gross negligence in a reserved forest, the state government may,
notwithstanding that any penalty has been inflicted, direct that in such forest or any portion of it, the exercise
of all rights of pasture or to forest-produce15, be suspended for such period as it thinks fit16.
1 Ie prohibited by the Indian Forest Act 1927 s 5 (see [135.000]).Indian Forest Act 1927 s 26(1)(a).
4 Indian Forest Act 1927 s 26(1)(d). See Kama Laxman Gawali v State of Maharashtra Kama Laxman Gawali v State of
Maharashtra Kama Laxman Gawali v State of Maharashtra 1990 Cri LJ 163 (Bom) (unauthorised grazing of cattle is nothing but
theft of forest-produce and so such cattle may be confiscated). As to the meaning of 'cattle' see [135.335]. As to trespass see
generally [285] TORT.
5 Indian Forest Act 1927 s 26(1)(e). As to the meaning of 'timber' see [135.335]. Also see generally [285] TORT.
6 Indian Forest Act 1927 s 26(1)(f).
7 Indian Forest Act 1927 s 26(1)(g). As to the meaning of 'forest-produce' see [135.335] and [135.388]
8 Indian Forest Act 1927 s 26(1)(h).
9 Indian Forest Act 1927 s 26(1)(i).
10 Indian Forest Act 1927 s 26(1)(j).
13 As to continued rights see [135.362].
14 Indian Forest Act 1927 s 26(2)(b). See generally[95]CONTRACT.
15 As to rights of pasture or to forest-produce see [135.359].

FORESTS/B. RESERVED FORESTS/(iv) Rights In or Over Land Proposed as Reserved Forests/(A)
Generally/[135.353] Bar on accrual of rights
[135.353] Bar on accrual of rights After the issue of a notification1, no right must be acquired in or over the
land comprised in such notification, except by succession, under a grant or a written contract made or
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entered into by or on behalf of the government or some person in whom such right was vested when the
notification was issued2. Similarly, no fresh clearings for cultivation or for any other purpose must be made,
in such land, except in accordance with such rules as the state government may make in this behalf3
1 As to notification regarding reserved forests see [135.347].
2 See generally [95]CONTRACT.

Generally/[135.354] Mode of acquisition of rights
[135.354] Mode of acquisition of rights A right, of any description, may be acquired in or over a reserved
forest only by succession, under a grant or contract in writing made by or on behalf of the government or
some person in whom such right was vested when the notification1 was issued2.
1 As to notification regarding reserved forests see [135.347] and following. See generally [95]CONTRACT.

Generally/[135.355] Rights not to be alienated without sanction
[135.355] Rights not to be alienated without sanction No right, in or over land proposed to be a reserved
forest, that is continued after being admitted1 is to be alienated by way of grant, sale, lease mortgage or
otherwise, without the sanction of the state government2. However, when any such right is appended to any
land or house, it may be sold or otherwise alienated with such land or house3.
No timber4 or other forest-produce5 obtained in exercise of any such right must be sold or bartered, except to
such extent as may have been admitted in the order recorded by a forest settlement officer6
1 As to continuation of rights after admission see [135.362].
2 Indian Forest Act 1927 s 24(1). This is notwithstanding anything contained in the Indian Forest Act 1927 s 23.
3 Indian Forest Act 1927 s 24(1) proviso.

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FORESTS/B. RESERVED FORESTS/(iv) Rights In or Over Land Proposed as Reserved Forests/(B)
Treatment of Claimed and Unclaimed Rights/[135.356] Treatment of claims in respect of shifting cultivation.
[135.356] Treatment of claims in respect of shifting cultivation. The practice of shifting cultivation must
be deemed as a privilege subject to control, restriction and abolition by a state government in all cases1. In
case of a claim relating to the practice of shifting cultivation, the forest settlement officer must record a
statement2 setting forth the particulars of the claim and of any local rule or order under which the practice is
allowed or regulated and submit the statement to the state government, together with his opinion as to
whether the practice must be permitted or prohibited, wholly or in part3.
On receiving the statement and opinion, the state government may make an order permitting or prohibiting
the practice, wholly or in part4. If shifting cultivation is permitted wholly or in part, the forest settlement officer
may arrange for its exercise:
(1) by altering the limits of the land under settlement so as to exclude land of sufficient extent, of a
suitable kind and in a reasonably convenient locality for the purposes of the claimants5; or
(2) by causing certain portions of the land under settlement to be separately demarcated and
giving permission to practise shifting cultivation to the claimants under such conditions as he
may prescribe6.
All arrangements, so made, must be subject to the previous sanction of the state government7.
2 See [135.360]

Treatment of Claimed and Unclaimed Rights/[135.357] Rights in land, when not claimed
[135.357] Rights in land, when not claimed Rights in respect of which no claim has been preferred1 and
regarding the existence of which no knowledge has been acquired by inquiry2 must be extinguished, unless
the person claiming them satisfies the forest settlement officer that he had sufficient cause for not preferring
such claim within the fixed period3. The claimant must satisfy the forest settlement officer before the
notification4 is published5.
1 Ie claim preferred under the Indian Forest Act 1927 s 6 (see [135.337]).
2 Ie inquiry made by the forest settlement officer under the Indian Forest Act 1927 s 7(see [135.338]).
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3 Ie notification under the Indian Forest Act 1927 s 20 (see [135.348]).
5 Ie published under the Indian Forest Act 1927 s 6 (see [135.337]).

Treatment of Claimed and Unclaimed Rights/[135.358] Rights in land, when claimed
[135.358] Rights in land, when claimed In case of a claim to a right in or over any land, other than a right
of way or right of pasture or a right to forest-produce1 or a water-course, the forest settlement officer must
pass an order admitting or rejecting the same wholly or in part2.
If such claim3 is admitted wholly or in part4, the forest settlement officer5 must either:
(1) exclude such land from the limits of the proposed forest6; or
(2) come to an agreement with the owner of the land, for the surrender of his rights7; or
(3) proceed to acquire such land in the manner provided by the Land Acquisition Act 18948.
3 Indian Forest Act 1927 s 11(3)(b): for the purpose of acquiring land, the claimant must be deemed to be a person interested
and appearing before the collector, in pursuance of a notice given under the Indian Forest Act 1927 s 9.
Apart from this, for the purpose of acquiring the land, the provisions of the preceding sections of the Act must be deemed to
have been complied with: Indian Forest Act 1927 s 11(3)(c).
4 Indian Forest Act 1927 s 11(3)(d): the collector, with the consent of the claimant, the court or both parties, may award
compensation in land or partly in land and partly in money.
5 Indian Forest Act 1927 s 11(3)(a): the forest settlement officer must be deemed to be a collector, proceeding under the Land
Acquisition Act 1894.
7 Indian Forest Act 1927 s 11(2)(ii).
8 Indian Forest Act 1927 s 11(2)(iii).

FORESTS/B. RESERVED FORESTS/(v) Rights Other Than In or Over Land/(A) Generally/[135.359] Rights
of pasture or to forest-produce
[135.359] Rights of pasture or to forest-produce In case of a claim to rights of pasture or to

forest-produce1, the forest settlement officer must pass an order admitting or rejecting the same wholly or in
part2.
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FORESTS/B. RESERVED FORESTS/(v) Rights Other Than In or Over Land/(B) Duty of Forest Settlement
Officer/[135.360] Preparation of claimant record
[135.360] Preparation of claimant record The forest settlement officer, when passing any order on claims
to rights of pasture or to forest-produce1 must record, so far as may be practicable:
(1) the name, father's name, caste, residence and occupation of the person claiming the right2;
and
(2) the designation, position and area of all fields or groups of fields, if any, and the designation
and position of all buildings, if any, in respect of which the exercise of such rights is claimed3.

Officer/[135.361] Preparation of record upon admission of claim
[135.361] Preparation of record upon admission of claim If the forest settlement officer admits, wholly or
in part, any claim to rights of pasture or to forest-produce1, he must also record the extent to which the claim
is so admitted, specifying:
(1) the number and description of the cattle2 which the claimant is from time to time entitled to
graze in the forest, the season during which such pasture is permitted;
(2) the quantity of timber3 and other forest-produce which he is from time to time authorised to
take or receive; and
(3) such other particulars as the case may require.
He must also record whether the timber or other forest-produce, obtained by the exercise of the rights
claimed, may be sold or bartered4.
1 As to the rights of pasture or to forest-produce see [135.359]. As to the meaning of'forest-produce' see [135.000].
2 As to the meaning of 'cattle' see [135.335].
4 Indian Forest Act s 14.

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Officer/[135.362] Ensuring continued exercise of admitted rights
[135.362] Ensuring continued exercise of admitted rights After recording the particulars of a claimant and
preparing a record upon admission of a claim1, the forest settlement officer must pass such orders as will
ensure the continued exercise of the rights so admitted. He is expected to do so to the best of his ability and
having due regard to the maintenance of the reserved forest in respect of which the claim is made2. For this
purpose the forest settlement officer may:
(1) set out some other forest tract of sufficient extent and in a locality reasonably convenient for
the purposes of such claimants and record an order conferring upon them a right of pasture or
to forest-produce3, as the case may be, to the extent so admitted4; or
(2) so alter the limits of the proposed forest as to exclude forest-land of sufficient extent and in a
locality reasonably convenient for the purposes of the claimants5; or
(3) record an order, continuing a right of pasture or to forest-produce to such claimants, as the
case may be, to the extent so admitted, at such seasons, within such portions of the proposed
forest and under such rules, as may be made in this behalf by the state government6.
1 As to records to be made by a forest settlement officer see [135.360] and [135.361]
2 Indian Forest Act s 15(1).
4 Indian Forest Act (1)(a)s 15.
5 Indian Forest Act (1)(b)s 15.
6 Indian Forest Act (1)(c)s 15.

Officer/[135.363] Commutation of rights
[135.363] Commutation of rights In case the forest settlement officer finds it impossible, having due regard
to the maintenance of the reserved forest, to make such settlement as must ensure the continued exercise of
the admitted rights1, he must commute such rights by:
(1) paying such persons a sum of money in lieu of the rights; or

(2) by granting land to such persons; or
(3) in such other manner as he thinks fit.
The forest settlement office must commute rights subject to the rules that the state government may make in
this behalf2.
1 Ie the settlement envisaged by the Indian Forest Act 1927 s 15 (see [135.362])

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FORESTS/B. RESERVED FORESTS/(v) Rights Other Than In or Over Land/(c) Specific Power of Forest
Officer/[135.364] Power to stop ways and water-courses
[135.364] Power to stop ways and water-courses The forest officer1 may stop any public or private way or
water-course in a reserved forest, provided that a substitute for the way or water-course so stopped already
exists, has been provided or constructed by the forest officer in lieu thereof. The state government may
provide a substitute that it deems as reasonably convenient1. The forest officer may exercise his right only
with the previous sanction of the state government or of any officer duly authorised by it in this behalf2.

FORESTS/B. RESERVED FORESTS/(vi) Appeal/[135.365] Appeals from orders passed
[135.365] Appeals from orders passed An appeal may be made against an order passed by a forest
settlement officer1 to an officer of the revenue department, whose rank is not lower than that of a collector2,
by:
(1) any person, who has made a claim under the Indian Forest Act 1927; or
(2) any forest officer3 or other person generally or specially empowered by the state government
in this behalf.
The appeal must be made within three months from the date of the order passed on such claim by the forest
settlement officer4.
1 Ie an order made under the Indian Forest Act 1927 ss 11, 12, 15 or 16 (see [135.358] and following). As to appeals in general
see CIVIL PROCEDURE [65.622]
2 Ie as specified by the state government by notification in the official gazette, present an appeal from such order to, appoint to
hear appeals from such orders.

FORESTS/B. RESERVED FORESTS/(vi) Appeal/[135.366] Manner and presentation of appeals
[135.366] Manner and presentation of appeals Every appeal1 must be made by a petition in writing and
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may be delivered to the forest settlement officer, who must forward it without delay to the authority
competent to hear the same2. If the appeal is made to an officer appointed for the purpose3, it must be heard
in the manner prescribed for the time being for the hearing of appeals, in matters relating to land revenue4.
However, the state government may establish a 'forest court' composed of three persons, to be appointed by
the state government and when the forest court has been so established, all such appeals must be
presented to it5.
If the appeal is made to the forest court, the court must:
(1) fix a day and a convenient place in the neighbourhood of the proposed forest for hearing the
appeal;
(2) give notice of it to the parties; and
(3) hear such appeal, accordingly6.
The order passed on the appeal by such officer or court or by the majority of the members of such court, as
the case may be, must be final. However, it must be subject to revision by the state government7.
1 Ie an appeal made under the Indian Forest Act 1927 s 17 (see [135.365]). As to appeals in general see CIVIL PROCEDURE
[65.622].
3 Ie the officer appointed under the Indian Forest Act 1927 s 17 (see [135.365])
5 Indian Forest Act 1927 s 18 proviso.
7 Indian Forest Act 1927 s 18(4). As to revision in general see CIVIL PROCEDURE [65.796].

FORESTS/B. RESERVED FORESTS/(vi) Appeal/[135.367] Pleaders
[135.367] Pleaders The state government or any person who has made a claim under the Indian Forest Act
1927, may appoint any person to appear, plead and act on its or his behalf before the forest settlement
officer, the appellate officer or court, in the course of any inquiry or appeal under this Act1.
1 Indian Forest Act 1927 s 19. See generally[65]CIVIL PROCEDURE.

FORESTS/C. VILLAGE FORESTS/(i) Generally/[135.368] Village Forests.
[135.368] Village Forests. State governments may assign its rights to or over any land to a village
community, which has been constituted a reserved forest. All forests so assigned are village forests. State
governments can also cancel such assignments1.
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State governments may make rules for managing the village forest and prescribe conditions under which the
village community is provided with timber, other forest-produce2 or pasture. The rules may also assign duties
to the village community for the protection and improvement of the forest3.
All the stated provisions in the Indian Forest Act 1927 relating to reserved forests apply to village forests4.

FORESTS/D. PROTECTED FORESTS/(i) Generally/[135.369] Introduction.
[135.369] Introduction. The state government may declare that the stated provisions which apply to
protected forests, may apply to any forest-land or wasteland:
(1) which is not included in a reserved forest; and

(2) which is the property of government; or
(3) over which the government has proprietary rights; or
(4) to the whole or any part of the forest-produce of which the government is entitled, by a
notification in the official gazette1.
The forest-lands and wastelands comprised in any such notification must be called a protected forest2. Any
such notification must not be made, unless the nature and extent of the rights of government and of private
persons, in or over the forest-land or wasteland comprised in it, have been inquired into and recorded at a
survey or settlement or in such other manner as the state government thinks sufficient. Every such record
must be presumed to be correct until the contrary is proved3.
However, if in case of any forest-land or wasteland, the state government thinks that such inquiry and record
are necessary and that they will take such time as may endanger the rights of government, the state
government may declare such land to be a protected forest pending such inquiry and record. This must not
abridge or affect any existing rights of individuals or communities4.

FORESTS/D. PROTECTED FORESTS/(ii) Notification Regarding Protected Forests/[135.370] Notification in
official gazette
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[135.370] Notification in official gazette The state government may, by notification in the official gazette:
(1) declare any trees or class of trees in a protected forest to be reserved from a date fixed by the
notification1;
(2) declare that:
(a) any portion of such forest specified in the notification must be closed for such term, not
exceeding thirty years, as the state government thinks fit; and
(b) the rights of private persons, if any, over such portion must be suspended during such terms,
provided that the remainder of such forest be sufficient and in a locality reasonably convenient,
for the due exercise of the right suspended in the portion so closed2; or
(3) prohibit, from a date fixed as aforesaid:
(i) the quarrying of stone; or
(ii) the burning of lime or charcoal; or
(iii) the collection or subjection to any manufacturing process; or
(iv) removal of, any forest-produce in any such forest; and
(v) the breaking up or clearing of any land in any such forest for cultivation, building, herding
cattle3 or for any other purpose4.

FORESTS/D. PROTECTED FORESTS/(ii) Notification Regarding Protected Forests/[135.371] Translation of
notification
[135.371] Translation of notification The collector must cause every notification that is made in respect of
protected forests1 to be translated into the local vernacular of every town and village in the neighbourhood of
the forest comprised in the notification2.
1 As to the notification made by a state government in respect of protected forests see [135.370].
2 Indian Forest Act 1927 s 31. See State of Bihar v Munshi Kahar State of Bihar v Munshi Kahar State of Bihar v Munshi Kahar
AIR 1963 Pat 195 (publication is required to prove notification under the Indian Forest Act 1927 s 30 and mere production of the
notification in the official gazette is insufficient).

FORESTS/D. PROTECTED FORESTS/(iv) Offences and Penalties/[135.372] Rules by state government
[135.372] Rules by state government The state government may make rules to regulate the following
matters, namely:
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(1) the cutting, sawing, conversion and removal of trees and timber and the collection,
manufacture and removal of forest-produce1 from protected forests2;
(2) the granting of licences to take trees, timber or other forest-produce, to the inhabitants of
towns and villages in the vicinity of protected forests for their own use and the production and
return of such licences by such persons3;
(3) the granting of licences for the purposes of trade, to persons felling or removing trees or timber
or other forest-produce from such forests and the production and return of such licenses by
such persons4;
(4) the payments, if any, to be made by the above-mentioned persons for permission to cut such
trees or to collect and remove such timber or other forest-produce5;
(5) the other payments, if any, to be made by them in respect of such trees, timber and produce
and the places where such payment must be made6;
(6) the examination of forest-produce passing out of such forests7; .
(7) the clearing and breaking up of land for cultivation or other purposes in such forests8;
(8) the protection of timber, lying in such forests and of reserved trees9;
(9) the cutting of grass and pasturing of cattle in such forests10;
(10) hunting, shooting, fishing, poisoning water and setting traps or snares in such forests and the
killing or catching of elephants in such forests in areas in which the Elephants' Preservation Act
1879 is not in force11;
(11) the protection and management of any portion of a closed forest12; and
(12) the exercise of rights relating to protected forests13;
2 Indian Forest Act 1927 s 32(a). As to the meaning of 'timber' see [135.335]
5 Indian Forest Act 1927 s 32(d).
6 Indian Forest Act 1927 s 32(e).
7 Indian Forest Act 1927 s 32(f).
8 Indian Forest Act 1927 s 32(g).
9 Ie trees reserved under the Indian Forest Act 1927 s 30; Indian Forest Act 1927 s 32(h).
10 Indian Forest Act 1927 s 32(i). As to the meaning of 'cattle' see [135.335].
11 Indian Forest Act 1927 s 32(j).
12 Ie forests reserved under the Indian Forest Act 1927 s 30; Indian Forest Act 1927 s 32(k).
13 Ie forests protected under the Indian Forest Act 1927 s 29; Indian Forest Act 1927 s 32(1).

FORESTS/D. PROTECTED FORESTS/(iv) Offences and Penalties/[135.373] Types of offences
[135.373] Types of offences It is an offence for any person to do the following:

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(1) to fell, girdle, lop or burn any tree or strip off the bark or leaves from any tree1; or
(2) to quarry stone, burn lime or charcoal or collect or remove any forest-produce from a protected
forest2;
(3) to clear or break up any portion of land in a protected forest for cultivation3;
(4) to set fire or kindle or leave a fire burning without taking reasonable precautions to prevent its
spread in a protected forest4;
(5) leaves any fire burning kindled in such forest burning in the vicinity of any such tree or closed
portion5;
(5) to fell any reserved tree or cause any damage to any such reserved tree by dragging any
timber in a protected forest6;
(6) to permit cattle to damage any reserved tree in a protected area7;
(7) infringes any rule made by a state government8.
2 Indian Forest Act 1927 s 33(1)(b). As to the meaning of 'forest-produce' see [135.335] and [135.388]
3 Indian Forest Act 1927 s 33(1)(c). See State of Bihar v Munshi Kahar State of Bihar v Munshi Kahar State of Bihar v Munshi
Kahar AIR 1963 Pat 195 (what is prohibited is the breaking up or clearing for cultivation for the first time, after the publication of
notification under the Indian Forest Act 1927 s 30; this does not extend to the prohibition of cultivation of land which has already
been broken up or cleared and brought into cultivation before the issue of such notification).
5 Indian Forest Act 1927 s 33(1)(e).
6 Indian Forest Act 1927 s 33(1)(f) As to the meaning of 'timber' see [135.335]
7 Indian Forest Act 1927 s 33(1)(g). As to the meaning of 'cattle' see [135.335].

FORESTS/D. PROTECTED FORESTS/(iv) Offences and Penalties/[135.374] Punishment for offence.
[135.374] Punishment for offence. Any person who commits an offence1 or any rule made by the state
government2 is punishable with imprisonment for a term that may extend to six months or a fine, which may
extend to Rs 500 or both. Further, state governments may direct that the exercise of all rights of pasture or to
forest-produce3 be suspended for a period as it deems fit, whenever fire is caused wilfully or negligently in a
protected forest4.
However, activities prohibited in protected forests will not attract penalties if such activity is carried out with
the written permission of the forest officer5 or in accordance with any rule made by state governments6.
1 Ie any offence mentioned under the Indian Forest Act 1927 s 33(1) (see [135.373])
2 Ie any rule made under the Indian Forest Act 1927 s 32.

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(Environment; Misrepresentation and Fraud)/[135] ENVIRONMENT/9. FOREST LAWS/(3) PRINCIPLES
FOR MANAGING FORESTS AND LANDS/A. GENERALLY/[135.375] In general
[135.375] In general. A government of any state is not authorised to make any order or do anything in
relation to any property not vested in that state or otherwise prejudice any rights of the Central Government
or the government of any other state without the consent of the government concerned1.
1 Indian Forest Act 1927 s 85A.

FOR MANAGING FORESTS AND LANDS/B. ADDITIONAL POWERS OF STATE GOVERNMENT/[135.376]
Additional powers to make rules
[135.376] Additional powers to make rules The state government may make rules:
(1) to prescribe and limit the powers and duties of any forest officer1 under the Indian Forest Act
19272;
(2) to regulate the rewards to be paid to officers and informers out of the proceeds of fines and
confiscation under the Act3;
(3) for the preservation, reproduction and disposal of trees and timber belonging to government
but grown on lands belonging to or in the occupation of private persons4; and
(4) generally, to carry out the provisions of the Act5.
4 Indian Forest Act 1927 s 76(c). As to the meaning of 'timber' see [135.335]
5 Indian Forest Act 1927 s 76(d).

Rules, when to have force of law
[135.377] Rules, when to have force of law All rules made by the state government under the Indian
Forest Act 1927 must be published in the official gazette and must have effect as if they have been enacted
in it. This holds true insofar as they are consistent with the Indian Forest Act 19271.
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1 Indian Forest Act 1927 s 78. As to power of state governments to make rules see [135.372] and [135.376].

Effect of contravention
[135.378] Effect of contravention Any person contravening any rule under the Indian Forest Act 1927 for
the contravention of which no special penalty is provided, must be punishable with imprisonment for a term
which may extend to one month or fine which may extend to Rs 500 or both1.
1 Indian Forest Act 1927 s 77. As to rules made by state governments see [135.372] and [135.377].

FOR MANAGING FORESTS AND LANDS/C. JOINT MANAGEMENT/[135.379] Joint management of forests
[135.379] Joint management of forests If a state government and any person are jointly interested in any
forest or wasteland or in the whole or any part of the produce of the forest or wasteland, the state
government may either:
(1) undertake the management of such forest, wasteland or produce, accounting to such person
for his interest in the same1; or
(2) issue such regulations for the management of the forest, wasteland or produce by the person
so jointly interested, as it deems necessary for the management of the same and the interests
of all the concerned parties2
When the state government undertakes the management of any forest, wasteland or produce3, it may, by
notification in the official gazette, declare that any of the provisions relating to reserved4 and protected
forests5 must apply to such forest, wasteland or produce. Once such declaration is made, the
abovementioned provisions must apply accordingly6.
1 Indian Forest Act 1927 s 80(1)(a). See Maheswari Prasad Deo v State of Orissa Maheswari Prasad Deo v State of Orissa
Maheswari Prasad Deo v State of Orissa AIR 1957 Ori 219 (a notification under the Indian Forest Act 1927 s 80 may be issued
only when the government and any other person have joint proprietary or pecuniary interest in a forest).
See Ministry of Environment and Forests, Government of India Letter no 6-21/89/PP (1 June 1990), where the government
issued detailed guidelines for participatory forest management by local village communities living close to forests. The
guidelines stipulate structural arrangements for participatory management as well as benefit-sharing arrangements between the
village communities and the forest department.
See also Ministry of Environment and Forests, Government of India Letter no 22-8/2000-JFM (FPD) (21 February 2000), where
the government asked all states to ensure that the Joint Forest Management Committees ('JFM Committees') are registered as
societies by 31 March 2000, with at least 50% women in the JFM general body and 33% women in the JFM executive body.
The guidelines extend JFM to good forest areas and discuss preparation of micro plans, conflict resolution systems and
contribution for regeneration of resources in JFM areas.
See further Ministry of Environment and Forests, Government of India Letter no 22-8/2000-JFM (FPD) (24 December 2002),
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where the government mandated that a formal memorandum of understanding ('MOU') be drawn up between the JFM
Committees and the forest department outlining the short term and long term roles and responsibilities, implementation of work
programme, pattern of sharing of usufructs and conflict resolution. The guidelines stipulate that while the JFM Committees
could work with the panchayats for the management of the forest resources, they should maintain and ensure their unique and
separate non-political identity as guardian of forests.
3 Ie undertaking under the Indian Forest Act 1927 s 80(1)(a).

FOR MANAGING FORESTS AND LANDS/D. RECOVERY OF MONEY/[135.380] Recovery of money due to
government
[135.380] Recovery of money due to government All money payable to governments under the Indian
Forest Act 1927 or any rule made under the Act may be recovered as if it were an arrear in land revenue1.
When any such money is payable for or in respect of any forest produce2, the forest officer3 may take
possession of such forest-produce until the amount is paid. The forest officer may subsequently sell the
forest-produce by public auction and recover the amount due to the government first4, before returning the
surplus5.
1 Jogendra Lal Saha v State of Bihar Jogendra Lal Saha v State of Bihar Jogendra Lal Saha v State of Bihar AIR 1991 SC
1148 (in view of the Indian Forest Act 1927 s 82, to deal with the recovery of unpaid money, one need not fall back upon the
provisions of the Sale of Goods Act 1930).
4 Laxmi Virola Udyog v District Forest Officer, Almora Laxmi Virola Udyog v District Forest Officer, Almora Laxmi Virola Udyog
v District Forest Officer, Almora (2000) AIHC 2836 (if the highest bidder at an auction of forest-produce fails to pay the bid
amount in time and the forest officials re-auction the property, then the balance between the amount promised by the highest
bidder and that paid by the second highest bidder, cannot be recovered as if it were an arrear in land revenue).

FOR MANAGING FORESTS AND LANDS/D. RECOVERY OF MONEY/[135.381] Consequences of non
payment
[135.381] Consequences of non payment When any money is payable for or in respect of any
forest-produce1, the amount must be deemed to be a first charge on such produce and a forest officer2 may
take possession of such produce, until such amount has been paid3.
If such amount is not paid when due, the forest officer may sell such produce by public auction and the
proceeds of the sale must be applied first in discharging such amount4. The surplus, if any and if not claimed
within two months from the date of the sale by the person entitled to do so, must be forfeited to the
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government5.
3 Indian Forest Act 1927 s 3(1). See Virendra Kumar v State of Uttar Pradesh Virendra Kumar v State of Uttar Pradesh
Virendra Kumar v State of Uttar Pradesh AIR 1980 All 100 (the two modes of recovery of unpaid forest contract money
contemplated under the Indian Forest Act 1927 ss 82 and 83 are not mutually exclusive; both modes are supplementary to each
other and may be adopted simultaneously).

FOR MANAGING FORESTS AND LANDS/D. RECOVERY OF MONEY/[135.382] Recovery of penalties
[135.382] Recovery of penalties When a person, in accordance with the Indian Forest Act 1927 or in
compliance with any rule made under the Act:
(1) binds himself by any bond or instrument to perform any duty or act; or
(2) covenants by any bond or instrument that he or that he, his servants or agents will abstain
from any act;
the whole sum mentioned in such bond or instrument, as the amount to be paid in case of a breach of its
conditions, may be recovered from him in case of such breach as if it were an arrear of land revenue1.
1 Indian Forest Act 1927 s 85. This is notwithstanding anything contained in the Indian Contract Act 1872 s 72 (see
CONTRACT [95.002] and following.

(Environment; Misrepresentation and Fraud)/[135] ENVIRONMENT/9. FOREST LAWS/(4) CONTROL OVER
FORESTS AND LANDS/A. REGULATIONS AND PROHIBITIONS/[135.383] Protection for special purposes
[135.383] Protection for special purposes The state government may, by notification in the official gazette,
regulate or prohibit the following in any forest or wasteland:
(1) the breaking up or clearing of land for cultivation1;

(2) the pasturing of cattle2; or
(3) the firing or clearing of the vegetation, when such regulation or prohibition appears necessary
for any of the purposes mentioned below:
(a) for protection against storms, winds, rolling stones, floods and avalanches3;
(b) for the preservation of the soil on the ridges and slopes and in the valleys of hilly tracts, the
prevention of landslides, the formation of ravines and torrents, the protection of land against
erosion or the deposit of sand, stones or gravel on it4;
(c) for the maintenance of water supply in springs, rivers and tanks5;
(d) for the protection of roads, bridges, railways and other lines of communication6;
(e) for the preservation of public health7.
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The state government may construct, in or upon any forest or wasteland, such work as it thinks fit, for any
purpose mentioned above, at its own expense8. A notification must be made9 and any work must begin10
only after:
(i) the issue of a notice to the owner of such forest or land calling on him to show cause, within a
reasonable period to be specified in such notice, why such notification should not be made or
work constructed, as the case may be;
(ii) his objections and any evidence that he may produce in support of the same, have been
heard by an officer duly appointed in that behalf and have been considered by the state
government11.
2 Indian Forest Act 1927 s 35(1)(b). As to the meaning of 'cattle' see [135.335]
3 Indian Forest Act 1927 s 35(1)(c)(i).
4 Indian Forest Act 1927 s 35(1)(c)(ii).
5 Indian Forest Act 1927 s 35(1)(c)(iii).
6 Indian Forest Act 1927 s 35(1)(c)(iv).
7 Indian Forest Act 1927 s 35(1)(c)(v).
9 Ie a notification under the Indian Forest Act 1927 s 35(1).
10 Ie the work mentioned under Indian Forest Act 1927 s 35(2).
11 Indian Forest Act 1927 s 35(3). See generally [145] EVIDENCE.

FORESTS AND LANDS/A. REGULATIONS AND PROHIBITIONS/[135.384] Disobedience of regulations
[135.384] Disobedience of regulations The state government may, after notice in writing to the owner of
such forest or land and after considering his objections, if any, place the same under the control of a forest
officer1 and may declare that all or any of the provisions of the Indian Forest Act 1927 relating to reserved
forests2 must apply to such forests or land in case of:
(1) neglect of or wilful disobedience to any regulation or prohibition3; or

(2) a requirement that may arise in respect of any work to be constructed4.
The net profits, if any, arising from the management of such forest or land must be paid to the said owner5.
3 Ie regulation or prohibition under the Indian Forest Act 1927 s 35 (see [135.383])

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FORESTS AND LANDS/B. EXPROPRIATION/[135.385] Expropriation of forests
[135.385] Expropriation of forests If for the purpose of exercising control, a state government considers
that in lieu of placing the forest or land under the control of a forest officer1, the same should be acquired for
public purposes, the state government may proceed to acquire it in the manner provided by the Land
Acquisition Act 18942.
The owner of any forest or land comprised in a notification3 may require that such forest or land must be
acquired for public purposes and the state government must acquire such forest or land accordingly between
any time not less than three or more than 12 years from the date of the notification4.
2 Indian Forest Act 1927 s 37(1). As to acquiring land for public purposes see generally [195] LAND ACQUISITION,
ADMINISTRATION AND DIVISION.
3 Ie the notification issued under the Indian Forest Act 1927 s 35 (see [135.383])

FORESTS AND LANDS/B. EXPROPRIATION/[135.386] Land deemed for public purpose
[135.386] Land deemed for public purpose Whenever it appears to the state government that any land is
required for the purposes of the Indian Forest Act 1927, such land must be deemed to be required for a
public purpose within the meaning of the Land Acquisition Act 18941.
1 Indian Forest Act 1927 s 84. Also see the Land Acquisition Act 1894 s 4.

FORESTS AND LANDS/C. PRIVILEGED PROTECTION/[135.387] Protection at request
[135.387] Protection at request The owner of any land1, with a view to form or conserve forests may
represent his desire to the collector in writing:
(1) that such land be managed on his behalf by the forest officer2, as a reserved or a protected
forest on such terms as may be mutually agreed upon3; or
(2) that all or any of the provisions of the Indian Forest Act 1927 be applied to such land4.
In either case, the state government may apply such provisions of the Act to such land, as it thinks suitable
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to the circumstances concerned and as may be desired by the applicants5.
1 Or if there is more than one owner, the owners of shares in the land, amounting in the aggregate to at least two-third.

(Environment; Misrepresentation and Fraud)/[135] ENVIRONMENT/9. FOREST LAWS/(5) TIMBER AND
OTHER FOREST-PRODUCE/A. CONTROL ON TIMBER AND OTHER FOREST-PRODUCE/(i)
Generally/[135.388] In general
[135.388] In general Forest-produce1 has been interpreted to include fish2, wood oil3, bamboo matting4 and
exclude articles prepared from bamboo chips5, dung droppings from licensed grazing cattle6, coffee,
cardamom, areca nut, pepper and rubber7. By implication, forest-produce includes not just what is grown on
or collected from government property, but also that grown on or collected from private property8.
1 As to the statutory meaning of 'forest-produce' see [135.335] see Aliyakutty Paul v State of Kerala Aliyakutty Paul v State of
Kerala Aliyakutty Paul v State of Kerala (1995) 2 Ker LT 93 [LNIND 1995 KER 106] [LNIND 1995 KER 106] [LNIND 1995 KER
106] ('forest-produce' was defined to include articles that are normally found in the forest and which constitute the spontaneous
and wild growth in a forest).
2 State of Uttar Pradesh v District Judge, Bijnor State of Uttar Pradesh v District Judge, Bijnor State of Uttar Pradesh v District
Judge, Bijnor AIR 1981 All 205.
3 Khushboo Enterprises, Calicut v Forest Range Officer Khushboo Enterprises, Calicut v Forest Range Officer Khushboo
Enterprises, Calicut v Forest Range Officer 1993 Cri LJ 1100 (Ker).
4 State of Maharashtra v Suresh Rameshwardas Lohiya State of Maharashtra v Suresh Rameshwardas Lohiya State of
Maharashtra v Suresh Rameshwardas Lohiya 1993 Cri LJ 1557 (Bom).
5 Fatesang Gimba Vasava v State of Gujarat Fatesang Gimba Vasava v State of Gujarat Fatesang Gimba Vasava v State of
Gujarat AIR 1987 Guj 9 [LNIND 1986 GUJ 67] [LNIND 1986 GUJ 67] [LNIND 1986 GUJ 67].
6 Barkat v State of Madhya Pradesh Barkat v State of Madhya Pradesh Barkat v State of Madhya Pradesh AIR 1987 MP 162
[LNIND 1986 MP 86] [LNIND 1986 MP 86] [LNIND 1986 MP 86]. As to the meaning of 'cattle' see [135.335].
7 Aliyakutty Paul v State of Kerala Aliyakutty Paul v State of Kerala Aliyakutty Paul v State of Kerala (1995) 2 Ker LT 93
[LNIND 1995 KER 106] [LNIND 1995 KER 106] [LNIND 1995 KER 106].
8 Kasi Prasad Sahu v State of Orissa Kasi Prasad Sahu v State of Orissa Kasi Prasad Sahu v State of Orissa AIR 1963 Ori 24
[LNIND 1962 ORI 44] [LNIND 1962 ORI 44] [LNIND 1962 ORI 44].

OTHER FOREST-PRODUCE/A. CONTROL ON TIMBER AND OTHER FOREST-PRODUCE/(ii) Powers of
State Government/[135.389] Power to regulate transit through rules
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[135.389] Power to regulate transit through rules The control of all rivers and their banks as regards the
floating of timber and the control of all timber and other forest-produce, in transit by land or water, is vested
in the state government and it may make rules to regulate the transit of all timber and other forest-produce1.
In particular and without prejudice to the generality of the foregoing power such rules may:
(1) prescribe the routes by which alone timber or other forest-produce may be imported, exported
or moved into, from or within the state2;
(2) prohibit the import, export or moving of such timber or other produce without a pass from an
officer duly authorised to issue the same or otherwise than in accordance with the conditions of
such pass3;
(3) provide for the issue, production and return of such passes and for the payment of fees for it4;
(4) provide for the stoppage, reporting, examination and marking of timber or other forest-produce
in transit, in respect of which there is reason to believe that any money is payable to the
government on account of its price; or on account of any duty, fee, royalty or charge due on it;
or in respect of which it is desirable to affix a mark for the purposes of the Indian Forest Act
19275;
(5) provide for the establishment and regulation of depots to which such timber or other produce
must be taken by those in charge of it for examination; or for the payment of such money; or in
order that such marks may be affixed to it and the conditions under which such timber or other
produce must be brought to, stored at and removed from such depots6;
(6) prohibit the closing up or obstructing of the channel or banks of any river used for the transit of
timber or other forest-produce and the throwing of grass, brushwood, branches or leaves into
any such river or any act which may cause such river to be closed or obstructed7;
(7) provide for the prevention or removal of any obstruction of the channel or banks of any such
river, and for recovering the cost of such prevention or removal from the person whose acts or
negligence necessitated the same8;
(8) prohibit absolutely or subject to conditions and within specified local limits:
(a) the establishment of sawpits9;
(b) the converting, cutting, burning, concealing or making of timber;
(c) the altering or effacing of any marks on the same; or
(d) the possession or carrying of marking hammers or other implements used for marking
timber10.
(9) regulate the use of property marks for timber and the registration of such marks;
(a) prescribe the time for which such registration must hold good;
(b) limit the number of such marks that may be registered by any one person; and
(c) provide for the levy of fees for such registration11.
The state government may direct that any rule made to regulate the transit of timber12 must not apply to any
specified class of timber or other forest-produce or to any specified local area13.
1 Indian Forest Act 1927 s 41(1). As to the meaning of 'timber' and 'forest-produce' see [135.335].
The felling of trees and transportation of timber to and from the seven North-Eastern states of India was earlier banned (T N
Godavarman Thirumulkpad v Union of India (T N Godavarman Thirumulkpad v Union of India (T N Godavarman Thirumulkpad
v Union of India AIR 1997 SC 1228 [LNINDORD 1996 SC 21] [LNINDORD 1996 SC 21] [LNINDORD 1996 SC 21]). However,
this ban did not extend to minor forest-produce. By a subsequent order, the transportation of legal timber and auctioned timber
was permitted under strict supervision by the forest department (T N Godavarman Thirumulkpad v Union of India (T N
Godavarman Thirumulkpad v Union of India (T N Godavarman Thirumulkpad v Union of India AIR 1998 SC 769 [LNIND 1998
SC 65] [LNIND 1998 SC 65] [LNIND 1998 SC 65], (T N Godavarman Thirumulkpad v Union of India (T N Godavarman
Thirumulkpad v Union of India (T N Godavarman Thirumulkpad v Union of India (1998) 2 SCC 59 [LNIND 1998 SC 65] [LNIND
1998 SC 65] [LNIND 1998 SC 65], (T N Godavarman Thirumulkpad v Union of India (T N Godavarman Thirumulkpad v Union
of India (T N Godavarman Thirumulkpad v Union of India (1998) 1 Scale 114). By a further order, the movement of all timber,
sawn and unsawn and veneer from any part of the North-Eastern states of India to any other part of the country by road, rail,
waterways or any other manner was prohibited along with cutting of trees with or without permit ( T N Godavarman
Thirumulkpad v Union of India T N Godavarman Thirumulkpad v Union of India T N Godavarman Thirumulkpad v Union of India
(2001) 4 Scale 107).
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3 Indian Forest Act 1927 s 41(2)(b). See State of Maharashtra v Kisan State of Maharashtra v Kisan State of Maharashtra v
Kisan AIR 1991 Bom 398 [LNIND 1991 BOM 139] [LNIND 1991 BOM 139] [LNIND 1991 BOM 139](where there is a
government circular stating that bamboo mats are forest-produce and persons trading in such products are required to produce
a transit pass or money receipt for transportation, it would be lawful to obstruct the transport of such goods until the
requirements are complied with).
6 Indian Forest Act 1927 s 41(2)(e).
7 Indian Forest Act 1927 s 41(2)(f).
8 Indian Forest Act 1927 s 41(2)(g). See generally [285] TORT.
9 In TN Godavarman Thirumulkpad v Union of India TN Godavarman Thirumulkpad v Union of India TN Godavarman

Thirumulkpad v Union of India AIR 1998 SC 769 [LNIND 1998 SC 65] [LNIND 1998 SC 65] [LNIND 1998 SC 65], TN
Godavarman Thirumulkpad v Union of India TN Godavarman Thirumulkpad v Union of India TN Godavarman Thirumulkpad v
Union of India (1998) 2 SCC 59 [LNIND 1998 SC 65] [LNIND 1998 SC 65] [LNIND 1998 SC 65], TN Godavarman
Thirumulkpad v Union of India TN Godavarman Thirumulkpad v Union of India TN Godavarman Thirumulkpad v Union of India
(1998) 1 Scale 114, the Supreme Court directed that:
(1) state governments must, in consultation with the Ministry of Environment and Forests, notify industrial estates
for locating wood based industries;
(2) all licenses granted to such industries were required to stand suspended till their relocation to industrial
estates;
(3) all licenses were to be renewed annually only if no irregularity was reported;
(4) no new licenses were to be given for five years, after which the situation must be reviewed;
(5) units who did not want to relocate were to be wound up in accordance with law.
See Jawarlalsharma v District Forest Officer, Uttar Pradesh Jawarlalsharma v District Forest Officer, Uttar Pradesh Jawarlalsharma v
District Forest Officer, Uttar Pradesh (2002) 1 Scale 320 [LNIND 2002 SC 1354] [LNIND 2002 SC 1354] [LNIND 2002 SC 1354]; T N
Godavarman Thirumulkpad v Union of India T N Godavarman Thirumulkpad v Union of India T N Godavarman Thirumulkpad v Union of
India (1998) 5 Scale 21 (SP) (where the state government was reluctant to renew a saw-mill license, in light of the various orders of the
Supreme Court; however, in the absence of any specific order or direction stating that existing licenses must not be renewed, the
Supreme Court reprimanded the state government for not renewing the existing license on the ground that the applications were not in
prescribed format); Samatha v State of Andhra Pradesh Samatha v State of Andhra Pradesh Samatha v State of Andhra Pradesh AIR
1997 SC 3297 (wood based industries must operate only where forest resources are available on a sustainable basis); T N
India AIR 1997 SC 1228 [LNINDORD 1996 SC 21] [LNINDORD 1996 SC 21] [LNINDORD 1996 SC 21](the running of saw-mills of any
kind including veneer or ply-wood mills, being non forest purposes and therefore, not permissible without prior approval of the Central
Government were directed to be stopped); State of Himachal Pradesh v Ganesh Wood Products State of Himachal Pradesh v Ganesh
Wood Products State of Himachal Pradesh v Ganesh Wood Products AIR 1996 SC 149 [LNIND 1995 SC 897] [LNIND 1995 SC 897]
[LNIND 1995 SC 897], State of Himachal Pradesh v Ganesh Wood Products State of Himachal Pradesh v Ganesh Wood Products
State of Himachal Pradesh v Ganesh Wood Products (1995) 6 SCC 363 [LNIND 1995 SC 897] [LNIND 1995 SC 897] [LNIND 1995 SC
897], State of Himachal Pradesh v Ganesh Wood Products State of Himachal Pradesh v Ganesh Wood Products State of Himachal
Pradesh v Ganesh Wood Products (1995) 5 Scale 303 [LNIND 1995 SC 897] [LNIND 1995 SC 897] [LNIND 1995 SC 897]; Uttar
Pradesh Kathha Factories' Association v State of Uttar Pradesh Uttar Pradesh Kathha Factories' Association v State of Uttar Pradesh
Uttar Pradesh Kathha Factories' Association v State of Uttar Pradesh (1996) 2 SCC 97 [LNIND 1996 SC 11] [LNIND 1996 SC 11]
[LNIND 1996 SC 11].

OTHER FOREST-PRODUCE/A. CONTROL ON TIMBER AND OTHER FOREST-PRODUCE/(ii) Powers of
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State Government/[135.390] Penalty for breach of rules
[135.390] Penalty for breach of rules The state government may prescribe penalties for the contravention
of rules made to regulate the transit of timber1. The punishment may comprise imprisonment for a term that
may extend to six months or fine which may extend to Rs 500 or both2.
Such rules may provide that penalties that are double of those mentioned above, may be inflicted in the
following cases:
(1) where the offence is committed after sunset and before sunrise; or
(2) after preparation for resistance to lawful authority; or
(3) where the offender has been previously convicted of a like offence3.
1 Ie the rules made by a state government to regulate transit of timber under the Indian Forest Act 1927 s 41 (see [135.389]).
As to the meaning of 'timber' see [135.335].
2 Indian Forest Act 1927 s 42(1). See Birjoo Prasad v State of Uttar Pradesh Birjoo Prasad v State of Uttar Pradesh Birjoo
Prasad v State of Uttar Pradesh (2000) 9 SCC 51 (when the accused forest contractor is found with more char-wood than he
was supposed to under different permits, he is guilty per se).

OTHER FOREST-PRODUCE/A. CONTROL ON TIMBER AND OTHER FOREST-PRODUCE/(iii) Powers of
Central Government/[135.391] Regulation of movements of timber across customs frontiers
[135.391] Regulation of movements of timber across customs frontiers. The Central Government may
make rules to prescribe the route by which alone timber or other forest-produce1 may be imported, exported
or moved2 across any customs frontier as defined by the Central Government and any rules made by a state
government in this regard3 must have effect subject to the rules made by the Central Government4.
2 Ie moved into or from the territories to which the Indian Forest Act 1927 extends.
3 Ie the rules made under the Indian Forest Act 1927 s 41.
4 This is notwithstanding anything stated under the Indian Forest Act 1927 s 41: Indian Forest Act 1927 s 41A. See T N
Godavarman Thirumulkpad v Union of India T N Godavarman Thirumulkpad v Union of India T N Godavarman Thirumulkpad v
Union of India AIR 1998 SC 769 [LNIND 1998 SC 65] [LNIND 1998 SC 65] [LNIND 1998 SC 65], T N Godavarman
(1998) 2 SCC 59 [LNIND 1998 SC 65] [LNIND 1998 SC 65] [LNIND 1998 SC 65], T N Godavarman Thirumulkpad v Union of
India T N Godavarman Thirumulkpad v Union of India T N Godavarman Thirumulkpad v Union of India (1998) 1 Scale 114 (to
ensure that timber and forest-produce smuggled across the border may not be used as cover for trade in illegal timber, the
Supreme Court directed that all such timber seized by the Customs/Border Security Force should not be redeemed in favour of
individuals who are smuggling it but should be confiscated and handed over to the concerned state forest department along
with offenders, vehicles, tools and implements for prosecution).

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OTHER FOREST-PRODUCE/A. CONTROL ON TIMBER AND OTHER FOREST-PRODUCE/(iv) Liability

and Responsibility Regarding Timber and Forest-produce/[135.392] Liability of government and forest
officers
[135.392] Liability of government and forest officers. The government may not be responsible for any
loss or damage which may occur in respect of any timber1 or other forest-produce2 while at an established
depot3 or while detained elsewhere, for the purposes of the Indian Forest Act 1927 and no forest officer4
must be responsible for any such loss or damage, unless he causes such loss or damage negligently,
maliciously or fraudulently5.
3 Ie a depot established under a rule made under the Indian Forest Act 1927 s 41 (see [135.389]).

OTHER FOREST-PRODUCE/A. CONTROL ON TIMBER AND OTHER FOREST-PRODUCE/(iv) Liability
and Responsibility Regarding Timber and Forest-produce/[135.393] Duty to aid
[135.393] Duty to aid In case of any accident or emergency involving danger to any property at a depot
established under the Indian Forest Act 19271, every person employed at such depot, whether by the
government or by any private person, must render assistance to the forest or police officer, demanding his
aid in averting such danger or securing such properly from damage or loss2.
1 Ie a depot established under a rule made under the Indian Forest Act 1927 s 41 (see [135.389]).

OTHER FOREST-PRODUCE/B. DUTY ON TIMBER AND OTHER FOREST-PRODUCE/[135.394] Power to
levy duty on timber and forest-produce
[135.394] Power to levy duty on timber and forest-produce The Central Government may levy a duty in
such manner, at such places and at such rates as it may declare by notification in the official gazette on all
timber1 or other forest-produce2:
(1) which is produced in the territories to which the Indian Forest Act 1927 extends and in respect
of which the government has any right3; or
(2) which is brought from any place outside the territories to which the Act extends4.
In every case in which such duty is directed to be levied ad valorem, the Central Government may fix the
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value on which such duty must be assessed by a like notification5. All duties on timber or other
forest-produce which, at the time when the Indian Forest Act 1927 comes into force in any territory, are
levied in it under the authority of the state government, must be deemed to be and to have been duly levied
under the provisions of the Act6.
The state government may continue to levy any duty which it was lawfully levying before the commencement
of the Indian Constitution, until a provision to the contrary is made by Parliament7.
However, the following cannot be authorised:
(a) levy of any duty which as between timber or other forest-produce of the state and similar
produce of the locality outside the state discriminates in favour of the former; or
(b) levy of any duty which in the case of timber or other forest-produce of localities outside the
state, discriminates between timber or other forest-produce of one locality and similar timber or
other forest-produce of another locality authorises8.
7 Indian Forest Act 1927 s 39(4). See generally[80]CONSTITUTIONAL LAW.

OTHER FOREST-PRODUCE/B. DUTY ON TIMBER AND OTHER FOREST-PRODUCE/[135.395] Royalty
on timber or forest-produce
[135.395] Royalty on timber or forest-produce The amount, if any, chargeable as purchase money or
royalty on any timber1 or other forest-produce2 must not be subject to any limit, although the same is levied
on such timber or produce while in transit, in the same manner as duty is levied3.

OTHER FOREST-PRODUCE/C. COLLECTION OF DRIFT AND STRANDED TIMBER/(i) Role of State
Government/[135.396] Power to make rules and prescribe penalties
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[135.396] Power to make rules and prescribe penalties The state government may make rules to regulate
the following matters, namely:
(1) the salving, collection and disposal of all timber1;

(2) the use and registration of boats used in salving and collecting timber2;
(3) the amounts to be paid for salving, collecting, moving, storing or disposing of such timber3;
and
(4) the use and registration of hammers and other instruments to be used for marking such
timber4.
The state government may prescribe an imprisonment for a term that may extend to six months or fine which
may extend to Rs 500 or both, as penalties for the contravention of the rules5.
1 Ie the timber mentioned under the Indian Forest Act 1927 s 45 (see [135.397]). Indian Forest Act 1927 s 51(1)(a).
5 Indian Forest Act 1927 s 51(2). .

OTHER FOREST-PRODUCE/C. COLLECTION OF DRIFT AND STRANDED TIMBER/(ii) Property in Drift
and Stranded Timber/[135.397] Drift timber as deemed property
[135.397] Drift timber as deemed property The following must be deemed to be the property of the
government, unless and until any person establishes his right and title to it:
(1) all timber1 found adrift, beached, stranded or sunk2;

(2) all wood or timber bearing marks which have not been registered in accordance with the rules
made by state government to regulate transit of forest-produce3; or
(3) all timber on which the marks have been obliterated, altered or defaced by fire or otherwise;
and
(4) all unmarked wood and timber, in such areas as the state government directs4.
The timber may be collected by any forest officer5 or other person entitled to collect the same by virtue of
any rule made in respect of it6 and may be brought to any depot which the forest officer may notify as a
depot for the reception of drift timber7.
The state government may exempt timber of any class from being its deemed property, by notification in the
official gazette8.
2 Ram Ranjan v Secretary of State Ram Ranjan v Secretary of State Ram Ranjan v Secretary of State AIR 1931 Cal 430
(timber found embedded in the riverbed is also included).
3 See [135.000]. As to the meaning of 'forest-produce' see [135.335] and [135.388]
4 Indian Forest Act 1927 s 45(1). See Ram Ranjan v Secretary of State Ram Ranjan v Secretary of State Ram Ranjan v
Secretary of State AIR 1931 Cal 430 (the object of the Indian Forest Act 1927 s 45 is to regulate the rights of the owners in drift
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and stranded timber and not to deprive them of those rights).
6 Ie rules made under the Indian Forest Act 1927 s 51.

OTHER FOREST-PRODUCE/C. COLLECTION OF DRIFT AND STRANDED TIMBER/(ii) Property in Drift
and Stranded Timber/[135.398] Property in unclaimed timber
[135.398] Property in unclaimed timber The ownership of timber must vest in the government or in such
other person when such timber has been delivered to another person1 free from all incumbrances not
created by him, in the following instances:
(1) if no written statement1 is presented by the claimant in respect of the claim; or

(2) if the claimant omits to prefer his claim in the manner and within the period fixed by the
notice2; or
(3) on such claim having been so preferred by him and having been rejected, omits to institute a
suit to recover possession of such timber within the further period fixed3.
1 Ie persons mentioned under the Indian Forest Act 1927 s 47 (see [135.400])
2 Ie a notice issued under the Indian Forest Act 1927 s 46 (see [135.399]).
3 Ie the period fixed by the Indian Forest Act 1927 s 47. Indian Forest Act 1927 s 48.

OTHER FOREST-PRODUCE/C. COLLECTION OF DRIFT AND STRANDED TIMBER/(iii) Claims on Drift
and Stranded Timber/[135.399] Notice and written statement regarding claim
[135.399] Notice and written statement regarding claim A public notice must be given by the forest
officer1 from time to time, regarding the timber2 collected3. Such notice must contain a description of the
timber and must require any person claiming the same to present a written statement of such claim to such
officer, within a period not less than two months from the date of such notice4.
3 Ie timber collected under the Indian Forest act 1927 s 45.

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and Stranded Timber/[135.400] Procedure for claiming
[135.400] Procedure for claiming When a written statement, regarding the claim1 is presented to a forest
officer2, he may either reject the claim after according his reasons for doing so or deliver the timber3 to the
claimant, after making such inquiry as he thinks fit4.
If the timber is claimed by more than one person, the forest officer may either deliver the same to any of such
persons who he deems entitled thereto or may refer the claimants to the civil courts and retain the timber,
pending the receipt of an order from any such court for its disposal5.
Any person, whose claim has been rejected, may institute a suit to recover possession of the timber claimed
by him, within three months from the date of such rejection. However, no person may recover any
compensation or costs against the government or against any forest officer on account of such rejection, the
detention or removal of any timber or its delivery to any other person6.
Any such timber must not be subject to the process of any civil, criminal or revenue court, until it has been
delivered or a suit has been brought in respect of it7.
1 See [135.399]
7 Indian Forest Act 1927 s 47(4). See generally [100] COURTS.

and Stranded Timber/[135.401] Payments made by claimants
[135.401] Payments made by claimants A person is not entitled to recover possession of any timber,
collected or delivered, until he has paid such sum as may be due under any rule1, to the forest officer2 or
other person entitled to receive it3.

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(Environment; Misrepresentation and Fraud)/[135] ENVIRONMENT/9. FOREST LAWS/(6)
PROCEDURES/A. SEIZURE OF PROPERTY/[135.402] Power of seizure and concerned procedure
[135.402] Power of seizure and concerned procedure When there is reason to believe that a
forest-offence1 has been committed in respect of any forest-produce2, such produce, together with all tools,
boats, carts or cattle3 used in committing any such offence, may be seized by any forest or police officer4.
Every officer seizing any property must place a mark on such property, indicating that the same has been so
seized and must, as soon as may be, make a report of such seizure to a magistrate having jurisdiction to try
the offence on account of which the seizure has been made5.
However, when the forest-produce, with respect to which such offence is believed to have been committed,
is the property of the government and the offender is unknown, it must be sufficient if the officer makes a
report of the circumstances to his official superior, as soon as may be6.
4 Indian Forest Act 1927 s 52(1). See T N Godavarman Thirumulkpad v Union of India T N Godavarman Thirumulkpad v Union
of India T N Godavarman Thirumulkpad v Union of India AIR 1997 SC 1228 [LNINDORD 1996 SC 21] [LNINDORD 1996 SC
21] [LNINDORD 1996 SC 21](for the seven North-Eastern states of India, the Supreme Court directed the constitution of a high
powered committee to seize and inventorise all timber and forest-produce lying in forests and depots); Mangal Sarjerao
Bharate v A B Bhangre Mangal Sarjerao Bharate v A B Bhangre Mangal Sarjerao Bharate v A B Bhangre (1990) Cri LJ 131
(Bom) (a vehicle which has not actually been used for the purpose of committing any forest-offence, would not be liable for
seizure or confiscation).

PROCEDURES/A. SEIZURE OF PROPERTY/[135.403] Forest-produce also liable to confiscation
[135.403] Forest-produce also liable to confiscation All timber1 or forest-produce2 which is not the
property of government and in respect of which a forest-offence3 has been committed and all tools, carts,
boats and cattle4 used in committing the forest-offence are liable to confiscation5, in addition to any other
punishment6.
When in any proceedings taken under the Indian Forest Act 1927 or in consequence of anything done under
the Indian Forest Act 1927, a question arises as to whether any forest-produce is the property of the
government, such produce must be presumed to be the property of the government, until the contrary is
proved7.

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5 T N Godavarman Thirumulkpad v Union of India T N Godavarman Thirumulkpad v Union of India T N Godavarman

Thirumulkpad v Union of India AIR 1998 SC 769 [LNIND 1998 SC 65] [LNIND 1998 SC 65] [LNIND 1998 SC 65], T N
Union of India (1998) 2 SCC 59 [LNIND 1998 SC 65] [LNIND 1998 SC 65] [LNIND 1998 SC 65], T N Godavarman
(1998) 1 Scale 114 (for the seven North-Eastern states of India, the Supreme Court directed that all illicit or illegal timber found
in possession of an offender or found abandoned in a forest must be confiscated by state governments).
6 Indian Forest Act 1927 s 55. See State of Karnataka v Krishnan State of Karnataka v Krishnan State of Karnataka v Krishnan
AIR 2000 SC 2729 [LNIND 2000 SC 1120] [LNIND 2000 SC 1120] [LNIND 2000 SC 1120](a liberal approach in the matter with
regard to the property seized, which is liable for confiscation, is uncalled for as the same is likely to frustrate the provisions of
the Indian Forest Act 1927).

PROCEDURES/A. SEIZURE OF PROPERTY/[135.404] Confiscated property to vest in the government
[135.404] Confiscated property to vest in the government When the offender cannot be found or is
unknown or when his trial is complete1, the magistrate may order that the property in respect of which the
forest-offence2 was committed be confiscated3 and given to the forest officer4. When the magistrate issues
such order and no appeal has been preferred5 or the appellate court confirms the magistrate's order, the
property must vest in the government free of all incumbrances6.
1 Indian Forest Act 1927 s 60. An appeal against the order of the magistrate may be filed within one month to the court where
appeals against orders of such magistrate ordinarily lie and the orders of such court must be final.
3 State of Karnataka v Krishnan State of Karnataka v Krishnan State of Karnataka v Krishnan AIR 2000 SC 2729 [LNIND 2000
SC 1120] [LNIND 2000 SC 1120] [LNIND 2000 SC 1120](generally any forest-produce and the tools, boats, vehicles,cattle and
the like, used in the commission of the forest-offence which are liable to forfeiture must not be released); State of West Bengal
v Gopal Sarkar State of West Bengal v Gopal Sarkar State of West Bengal v Gopal Sarkar (2001) 9 JT 70 (an appellate court
must not interfere with the order of confiscation of tools used in commission of forest-offence).
4 Ie an appeal under the Indian Forest Act 1927 ss 55, 56 and 57. As to the meaning of'forest-offence' see [135.335].

PROCEDURES/A. SEIZURE OF PROPERTY/[135.405] Confiscation in special cases
[135.405] Confiscation in special cases If any person is entitled to a share in the produce of any forest
which is the properly of state government or over which the state government has proprietary rights or to any
part of the forest-produce1 over which the government has entitlement, upon the condition of duly performing
any service connected with such forest, such share must be liable to confiscation in the event of the fact,
being established to the satisfaction of the state government, that such service is no longer so performed2.
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However, no such share may be confiscated, until the person entitled to the concerned share and the
evidence, if any, which he may produce in proof of the due performance of such service, has been heard by
an officer duly appointed in that behalf by the state government3.
3 Indian Forest Act 1927 s 81 proviso. See generally [145] EVIDENCE.

PROCEDURES/B. APPEAL AGAINST SEIZURE/[135.406] Generally
[135.406] Generally The officer who seized property1 or any of his official superiors or any person claiming
to be interested in the property so seized, may appeal to the court to which orders made by such magistrate
are ordinarily appealable, within one month from the date of passing of the order2 and the order passed on
such appeal must be final3.
1 Ie the officer who can seize property under the Indian Forest Act 1927 s 52 (see [135.402])
2 Ie an order passed under the Indian Forest Act 1927 ss 55, 56 or 57 (see [135.403], [135.411] and [135.412])

PROCEDURES/C. WRONGFUL SEIZURE/[135.407] Punishment for wrongful seizure
[135.407] Punishment for wrongful seizure Any forest or police officer1 who vexatiously and unnecessarily
seizes any property on pretence of seizing the properly liable to confiscation under the Indian Forest Act
1927, must be punishable with imprisonment for a term which may extend to six months or with fine which
may extend to Rs 500 or with both2.

PROCEDURES/D. RELEASE OF PROPERTY/[135.408] Immediate release of property
[135.408] Immediate release of property An officer, empowered in this behalf by the state government,
cannot be prevented from directing the immediate release of any property seized, at any time1.
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1 Ie property seized under the Indian Forest Act 1927 s 52 (see [135.402]). Indian Forest Act 1927 s 61.

PROCEDURES/D. RELEASE OF PROPERTY/[135.409] Release on execution of bond
[135.409] Release on execution of bond Any forest officer1 of a rank not inferior to that of a ranger who or
whose subordinate has seized any tools, boats, carts or cattle2, may release the same on the execution of a
bond by the owner of the property, for the production of the property so released, if and when so required.
The bond must be made before a magistrate having jurisdiction to try the offence on account of which the
seizure has been made3.
2 Ie seized under the Indian Forest Act 1927 s 52. As to the meaning of 'cattle' see [135.335]
3 Indian Forest Act 1927 s 53. See State of Karnataka v Krishnan State of Karnataka v Krishnan State of Karnataka v Krishnan
AIR 2000 SC 2729 [LNIND 2000 SC 1120] [LNIND 2000 SC 1120] [LNIND 2000 SC 1120](before passing an order for
releasing the forest-produce or the property used in the commission of a forest-offence, the officer has to specify the reasons
which justify such release, excluding the possibility of such forest-produce or the property being confiscated ultimately).

PROCEDURES/D. RELEASE OF PROPERTY/[135.410] Procedure after release
[135.410] Procedure after release Upon receiving a report1 from the concerned forest officer2, the
concerned magistrate having jurisdiction to try the offence, must take such measures as may be necessary
for the arrest and trial of the offender and lawful disposal of the property, with all convenient despatch3.
1 Ie the report of seizure of property under the Indian Forest Act 1927 s 52(2) (see [135.402])
3 Indian Forest Act 1927 s 54. See State of Uttar Pradesh v Sri Ram Baboo Kesri State of Uttar Pradesh v Sri Ram Baboo Kesri
State of Uttar Pradesh v Sri Ram Baboo Kesri 1990 Cri LJ 87 (All)(the magistrate can pass interim orders regarding the
disposal of seized property).

PROCEDURES/E. DISPOSAL OF PROPERTY/[135.411] Disposal
[135.411] Disposal When the trial of any forest-offence1 is concluded, any forest-produce2 in respect of
which such offence has been committed must be taken charge of by a forest officer3 and in any other case,
may be disposed of in such manner as the court may direct. The charge can, however, be taken only if it is
the property of the government or has been confiscated by the government4.
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4 Indian Forest Act 1927 s 56. As to when confiscated property vests in government see [135.404].

PROCEDURES/E. DISPOSAL OF PROPERTY/[135.412] Procedure, when offender not known
[135.412] Procedure, when offender not known When the offender is not known or cannot be found, the
magistrate having jurisdiction to try the offence may, if he finds that an offence has been committed, order
the property in respect of which the offence has been committed to be confiscated and taken charge of by
the forest officer1 or to be made over to the person whom the magistrate deems to be entitled to the same2.
However, no such order must be made:
(1) until the expiration of one month from the date of seizing such property; or
(2) without hearing the person, if any, claiming any right to such property; and
(3) without considering the evidence, if any, which he may produce in support of his claim3.
3 Indian Forest Act 1927 s 57 proviso. See generally [145] EVIDENCE.

PROCEDURES/E. DISPOSAL OF PROPERTY/[135.413] Procedure as to perishable property
[135.413] Procedure as to perishable property A magistrate, having jurisdiction to try a forest-offence1

may direct the sale of any seized property2 if it is subject to speedy and natural decay and may deal with the
proceeds as he would have dealt with such property if it had not been sold3.
2 Ie property seized under the Indian Forest Act 1927 s 52 (see [135.335]).

(Environment; Misrepresentation and Fraud)/[135] ENVIRONMENT/9. FOREST LAWS/(7) POWERS
REGARDING OFFENCES AND ARREST/[135.414] Power to prevent commission of forest-offence
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[135.414] Power to prevent commission of forest-offence Every forest and police officer1 has the power
to interfere for the purpose of preventing the commission of a forest-offence2. This includes the power and
jurisdiction not only to suspend the licenses of saw-mills dealing with illegal timber and to cut off electricity
supply, but also to seal a saw-mill or saw machine3.
2 Indian Forest Act 1927 s 66. As to the meaning of 'forest-offence' see [135.335]

Thirumulkpad v Union of India AIR 2000 SC 1636; see contra Kamleshkumar Chhabra v State of Madhya Pradesh
Kamleshkumar Chhabra v State of Madhya Pradesh Kamleshkumar Chhabra v State of Madhya Pradesh AIR 1985 MP 130
[LNIND 1984 MP 114] [LNIND 1984 MP 114] [LNIND 1984 MP 114](the power to seal is concomitant to the power of seizure,
which is covered under the Indian Forest Act 1927 s 52 and by implication, excludes the applicability of the Indian Forest Act
1927 s 66, for justifying the sealing). As to the meaning of 'timber' see [135.335].

REGARDING OFFENCES AND ARREST/[135.415] Power to try offences summarily
[135.415] Power to try offences summarily The district magistrate or any magistrate of the first class,
specially empowered in this be-half by the state government may summarily try any forest-offence1,
punishable with imprisonment for a term not exceeding six months or fine not exceeding Rs 500 or both,
under the Code of Criminal Procedure 19732.
2 Indian Forest Act 1927 s 67 (see generally [105] CRIMINAL LAW AND PROCEDURE).

REGARDING OFFENCES AND ARREST/[135.416] Power to compound offences
[135.416] Power to compound offences The state government may, by notification in the official gazette,
empower a forest officer1:
(1) to accept a sum of money by way of compensation for the offence which a person is
suspected to have committed and against whom a reasonable suspicion exists, that he has
committed any forest-offence2, other than:
(a) wrongful seizure3; or
(b) counterfeit or defacement of marks on trees and timber4; or
(c) alteration of boundary marks5.
(2) to release the seized property on payment of its value, as estimated by such officer, when any
property has been seized as liable to confiscation6;
On the payment of such sum of money or such value or both, as the case may be, to the concerned officer,
the suspected person:
(i) must be discharged, if in custody;

(ii) the property, if any seized, must be released; and
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(iii) no further proceedings must be taken against such person or property7.
A forest officer must not be empowered, unless he is a forest officer of a rank not inferior to that of a ranger
and is in receipt of a monthly salary amounting to at least Rs 100 and the sum of money accepted as
compensation1 must in no case exceed the sum of Rs 508
2 See note 1 above.
3 See [135.407]
4 See [135.419]
5 Indian Forest Act 1927 s 68(1)(a). See also Birsingh Gond v Government of Madhya Pradesh Birsingh Gond v Government of
Madhya Pradesh Birsingh Gond v Government of Madhya Pradesh AIR 1957 MP 169 (the discretion to fix the value is vested in
the forest officer and there is nothing wrong in the forest officer charging market value of the timber as compensation).

REGARDING OFFENCES AND ARREST/[135.417] Power to arrest without warrant
[135.417] Power to arrest without warrant Any forest or police officer1 may arrest any person against
whom a reasonable suspicion exists of his having been concerned in any forest-offence2 punishable with
imprisonment for one month or upwards, without orders from a magistrate and without a warrant3.
Every officer making such arrest must take or send the person arrested before a magistrate having
jurisdiction in the case or to the officer in charge of the nearest police station, without unnecessary delay and
subject to the provisions of the Indian Forest Act 1927, as to release on bond4.
The power to arrest without warrant, must not be deemed to authorise such arrest for any act which is an
offence in relation to protected forests5, unless such act has been prohibited6
6 Ie prohibited under the Indian Forest Act 1927 s 30(c). Indian Forest Act 1927 s 64(3).

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REGARDING OFFENCES AND ARREST/[135.418] Power to release on a bond
[135.418] Power to release on a bond Any forest officer1 of a rank not inferior to that of a ranger, who or
whose subordinate, has arrested any person2, may release such person on his executing a bond to appear
before a magistrate having jurisdiction in the case or before the officer in charge of the nearest police station,
if and when so required3.
2 Ie arrested under the Indian Forest Act 1927 s 64 (see [135.417]).

PENALTIES/[135.419] Penalty for counterfeiting or defacing marks
[135.419] Penalty for counterfeiting or defacing marks An offender must be punishable with
imprisonment for a term which may extend to two years or with fine or with both if, with intent to cause
damage or injury to the public or to any person or to cause wrongful gain as defined in the Indian Penal
Code1, he does any of the following acts:
(1) knowingly counterfeits a mark used by forest officers upon any timber2 or standing tree3 to
indicate that such timber or tree is the property of the government or of some person or that it
may lawfully be cut or removed by some person4; or
(2) alters, defaces or obliterates any such mark placed on a tree or on timber by or under the
authority of a forest officer5; or
(3) alters, moves, destroys or defaces any boundary mark of any forest or wasteland to which the
provisions of the Indian Forest Act 1927 apply6.
1 See generally [105] CRIMINAL LAW AND PROCEDURE.
3 As to the meaning of 'forest officers' see [135.335].

PENALTIES/[135.420] Government, when not to be penalised
[135.420] Government, when not to be penalised The government must not be responsible for any loss or
damage which may occur in respect of any timber1 collected2 and no forest officer3 must be responsible for
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any such loss or damage, unless he causes such loss or damage negligently, maliciously or fraudulently4.
2 Ie timber collected under the Indian Forest Act 1927 s 45 (see [135.397]).

(Environment; Misrepresentation and Fraud)/[135] ENVIRONMENT/9. FOREST LAWS/(9) CATTLE
TRESPASS/[135.421] Introduction
[135.421] Introduction Cattle1 trespassing in a reserved forest2 or in any portion of a protected forest3 that
has been lawfully closed to grazing must be deemed to be cattle doing damages to a public plantation4 and
may be seized and impounded as such by any forest or police officer5.
2 As to reserved forests see [135.346] and following. As to trespass see generally [285] TORT.
4 Ie 'public plantation' within the meaning of the Cattle trespass Act 1871 s 11. See generally [115] DAMAGES and [285] TORT.

(Environment; Misrepresentation and Fraud)/[135] ENVIRONMENT/9. FOREST LAWS/(9) CATTLE
TRESPASS/[135.422] Power to alter fines
[135.422] Power to alter fines The state government may direct1 that in lieu of the fines fixed2, there must
be levied for each head of cattle3 impounded4, such fines as it thinks fit but not exceeding the following, that
is to say:
(1) ten rupees, for each elephant;

(2) two rupees, for each buffalo or camel;
(3) one rupee, for each horse, mare, gelding, pony, colt, filly mule,
(4) bull, bullock, cow or heifer;
(5) eight annas, for each calf, ass, pig, ram, ewe, sheep, lamb, goat or kid5.
1 Ie direct via a notification in the official gazette.
2 Ie fixed under the Cattle Trespass Act 1871 s 12.
4 Ie impounded under the Cattle Trespass Act 1871 s 70.

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(Environment; Misrepresentation and Fraud)/[135] ENVIRONMENT/9. FOREST LAWS/(10) NATIONAL
FOREST POLICY 1988/[135.423] Introduction
[135.423] Introduction the National Forest Policy 19881 replaced the National Forest Policy 19522 in
response to the depletion of forests in the country The depletion was attributed to increase in local
populations and their needs, unsatisfactory afforestation programmes and inadequacy of forest protection
measures3.
1 Ministry of Environment and Forests, Government of India Resolution no 3-1/86-FP (7 December 1988).
2 Ministry of Food and Agriculture, Government of India Resolution no 13/ 52/F(12 May 1952).
3 National Forest Policy 1988 Preamble.

(Environment; Misrepresentation and Fraud)/[135] ENVIRONMENT/9. FOREST LAWS/(10) NATIONAL
FOREST POLICY 1988/[135.424] Objective
[135.424] Objective the National Forest Policy 1988 aims at developing a new strategy of forest
conservation through afforestation, social forestry, farm forestry, better management of state forests, wild life
conservation, preventing encroachments on forest-land, restrictions on diversion of forest-lands for non
forest purposes, restrictions on forest-based industries, increased forestry research and education activities
and the grant of rights and concessions based on the carrying capacity of the forest1. the National Forest
Policy 1988 has as its goal to bring a minimum of one-third of the total land area of the country under forest
or tree cover. In the hills and mountainous regions, the aim is to have two-thirds of land under forest or tree
cover2.
1 See T N Godavarman Thirumulkpad v Union of India T N Godavarman Thirumulkpad v Union of India T N Godavarman
Thirumulkpad v Union of India AIR 1997 SC 1228 [LNINDORD 1996 SC 21] [LNINDORD 1996 SC 21] [LNINDORD 1996 SC
21], where the Supreme Court through a series of orders sought to carry out an in depth examination of all the aspects relating
to the National Forest Policy 1988.
2 National Forest Policy 1988 cl 4.

(Environment; Misrepresentation and Fraud)/[135] ENVIRONMENT/9. FOREST LAWS/(11) FOREST
(CONSERVATION) ACT 1980/A. GENERALLY/[135.425] Legislation, scope and object
[135.425] Legislation, scope and object The Forest (Conservation) Act 1980 provides jurisdiction to the
Central Government over all forests and forest-land1 including private forests and forest-land 2The Forest
(Conservation) Act 1980 which was amended in 1988 to incorporate important aspects of the National Forest
Policy 19883, checks deforestation that ultimately results in ecological imbalance4. In one instance, the
Supreme Court directed that the proceeds of the sale of seized timber5 and of manufactured and disposed
271141
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timber and the amounts received as penalties from the seven North East state governments, must be
credited to the respective state revenues. From the amount collected, state governments were to utilise 50
per cent to raise forest plantations for and by tribal populace and the remaining could go in the government
coffers for other developmental work6. Similarly, in another instance the Supreme Court directed the Central
Government to draw up a comprehensive scheme on reforestation and to utilise 50 per cent of sale proceeds
deposited in a separate bank, for doing so7. In yet another case, the Supreme Court issued a show cause
notice to the Central Government asking, in light of the Constitution of India, as to why the Central
Government should not bear the expenses of maintaining the natural forest and forest cover8.

21]; see also Colorock Private ltd v Director of Mines and Geology Colorock Private ltd v Director of Mines and Geology
Colorock Private ltd v Director of Mines and Geology (1990) For LT 10 (AP) (if the land was not designated a forest-land in the
revenue records, it would not affect the application of the Forest (Conservation) Act 1980; if the forest department was of the
opinion that the land in question is a forest-land, then it is not open to the revenue department to take a contrary view).
2 Samatha v State of Andhra Pradesh Samatha v State of Andhra Pradesh Samatha v State of Andhra Pradesh AIR 1997 SC
3297.
3 As to National Forest Policy 1980 see [135.423] and [135.424].

21].

Thirumulkpad v Union of India AIR 1998 SC 769 [LNIND 1998 SC 65] [LNIND 1998 SC 65] [LNIND 1998 SC 65], T N
Union of India (1998) 2 SCC 59 [LNIND 1998 SC 65] [LNIND 1998 SC 65] [LNIND 1998 SC 65], T N Godavarman
(1998) 1 Scale 114.
7 Environment Awareness Forum v State of Jammu & Kashmir Environment Awareness Forum v State of Jammu & Kashmir
Environment Awareness Forum v State of Jammu & Kashmir (2001) 5 Scale 228.

Thirumulkpad v Union of India (2001) 1 Scale 422. See generally [80]CONSTITUTIONAL LAW.

(CONSERVATION) ACT 1980/A. GENERALLY/[135.426] Some important definitions
[135.426] Some important definitions A forest' is to be understood according to its dictionary meaning and
covers all statutorily recognised forests, whether designated as reserved1, protected2, private3 or otherwise
and the term 'forest-land' will not only include forest as understood in the dictionary sense but also any area
recorded as forest in the government record, irrespective of the ownership4.
3 Samatha v State of Andhra Pradesh Samatha v State of Andhra Pradesh Samatha v State of Andhra Pradesh AIR 1997 SC
3297.

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21].

(CONSERVATION) ACT 1980/B. ROLE OF CENTRAL GOVERNMENT/[135.427] Power to make rules
[135.427] Power to make rules The Central Government may makes rules for carrying out the provisions of
the Forest (Conservation) Act 1980, by a notification in the official gazette1. Every rule made under the Act
must be laid, as soon as may be after it is made, before each house of Parliament, while it is in session for a
period of 30 days2 and if, before the expiry of the session that immediately follows the session or the
successive sessions as aforesaid, both houses agree in making any modification in the rule or both houses
agree that the rule should not be made, the rule will thereafter have effect only in such modified form or be of
no effect, as the case may be. However, any such modification or annulment must be without prejudice to
the validity of anything previously done under the original rule3 .
1 Forest (Conservation) Act 1980 s 4(1).
2 The concerned 30 days may be comprised in one session or in two or more successive sessions.
3 Forest (Conservation) Act 1980 s 4(2).

(CONSERVATION) ACT 1980/B. ROLE OF CENTRAL GOVERNMENT/[135.428] Prior approval of Central
Government mandatory for certain activities
[135.428] Prior approval of Central Government mandatory for certain activities The Forest
(Conservation) Act 1980 prohibits:
(1) the de-reservation of a reserved forest or any portion of such reserved forest1;
(2) the use of any forest-land2 for any non-forest purpose3;
(3) the leasing of forest-land to private agencies4; and
(4) the clearing of trees6 in any forest-land, by state governments7; without prior approval of the
Central Government8.
1 Indian Forest Act 1927 s 2(i). See Centre for Environmental Law, World Wide Fund for Nature, India v Union of India Centre
for Environmental Law, World Wide Fund for Nature, India v Union of India Centre for Environmental Law, World Wide Fund for
Nature, India v Union of India (2000) 8 Scale 391 (Supreme Court prohibited the de-reservation of forest, sanctuaries and
national parks pending further orders); see also Yashwant Stone Works v State of Uttar Pradesh Yashwant Stone Works v
State of Uttar Pradesh Yashwant Stone Works v State of Uttar Pradesh AIR 1988 All 121 [LNIND 1987 ALL 256] [LNIND 1987
ALL 256] [LNIND 1987 ALL 256](the final notification under the Indian Forest Act 1927 s 20 is not necessary for the application
of Forest (Conservation) Act 1980). As to reserved forests see [135.346] and following.
2 As to the meaning of 'forest-land' see [135.426].
3 Indian Forest Act 1927 s 2(ii). See Maharaja Fatehsinhrao v State of Gujarat Maharaja Fatehsinhrao v State of Gujarat
Maharaja Fatehsinhrao v State of Gujarat AIR 1999 Guj 350 (if there is forest in the land which has been declared as surplus
under a relevant statute, the provisions of the Forest (Conservation) Act 1980 will apply and such forest-land cannot be put to
use for non-forest purpose without the prior approval of the Central Government); Goa Foundation v Conservator of Forests
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Goa Foundation v Conservator of Forests Goa Foundation v Conservator of Forests AIR 1999 Bom 177 [LNIND 1998 BOM
1148] [LNIND 1998 BOM 1148] [LNIND 1998 BOM 1148](where permission given for the construction of a residential complex
on a hill was quashed and the developers were directed to restore the hill to its original vegetation).
'Non-forest purpose' means, the breaking up or clearing of any forest-land or portion of the forest-land for:
(1) the cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticultural crops or medicinal plants;
(2) any purpose other than re-afforestation;
However, it does not include any work relating or ancillary to conservation, development and management of forests and wild life,
namely, the establishment of check-posts, fire lines, wireless communications and construction of fencing, bridges and culverts, dams,
waterholes, trench marks, boundary marks, pipelines or other similar purposes: See Forest (Conservation) Act 1980 Explanation tos 2.
'Non-forest purpose' has been interpreted to include the running of sawmills of any kind, including veneer or ply-wood mills and mining
of any mineral: Rural Litigation and Entitlement Kendra v State of Uttar Pradesh Rural Litigation and Entitlement Kendra v State of Uttar
Pradesh Rural Litigation and Entitlement Kendra v State of Uttar Pradesh (1989) Supp 1 SCC 213; T N Godavarman Thirumulkpad v
Union of India T N Godavarman Thirumulkpad v Union of India T N Godavarman Thirumulkpad v Union of India AIR 1999 SC 97, T N
India (1998) 5 Scale 8 (SP) (where the Supreme Court constituted a fact-finding committee to investigate into a complaint of illegal
mining); Golden Granites v K V Shanmugam Golden Granites v K V Shanmugam Golden Granites v K V Shanmugam AIR 1998 Mad
150 [LNIND 1997 MAD 874] [LNIND 1997 MAD 874] [LNIND 1997 MAD 874](where a mining lease was granted inside a reserved
forest subject to the Central Governments' approval, the court found that the requirement of prior approval had not been met and
reprimanded the officials concerned) see also T N Godavarman Thirumulkpad v Union of India T N Godavarman Thirumulkpad v Union
of India T N Godavarman Thirumulkpad v Union of India AIR 1997 SC 1228 [LNINDORD 1996 SC 21] [LNINDORD 1996 SC 21]
[LNINDORD 1996 SC 21]; Sabia Khan v State of Uttar Pradesh Sabia Khan v State of Uttar Pradesh Sabia Khan v State of Uttar
Pradesh AIR 1999 SC 2284 (where the petitioner submitted that the closure of saw-mills violated his fundamental right under the
Constitution of India art 19(l)(g), the Supreme Court rejected the petition with costs assessed at Rs 10,000 (see
generally[80]CONSTITUTIONAL LAW)).
4 See contra Niyamvedi v State of Kerala Niyamvedi v State of Kerala Niyamvedi v State of Kerala AIR 1993 Ker 262 [LNIND
1993 KER 462] [LNIND 1993 KER 462] [LNIND 1993 KER 462](where the establishment of a model biological park was
proposed in a degraded forest-land, the fact that one of the objectives was to establish wild life tourism was not found sufficient
to term the entire project as detrimental to the existence of natural forests in the region). Also see Goa Foundation v Konkan
Railway Corpn Goa Foundation v Konkan Railway Corpn Goa Foundation v Konkan Railway Corpn AIR 1992 Bom 471 [LNIND
1992 BOM 267] [LNIND 1992 BOM 267] [LNIND 1992 BOM 267]at 476 (where the use of forest-land to provide a railway line
was held not to affect or damage the existence of forests).

21](the felling of trees in all forests was banned pending preparation and acceptance of working plans by state governments); T
N Godavarman Thirumulkpad v Union of India T N Godavarman Thirumulkpad v Union of India T N Godavarman Thirumulkpad
v Union of India (1998) 6 Scale 21 (SP) (where a ban was imposed on the felling of rare species of tree); see contra Sriram
Sah v State of West Bengal Sriram Sah v State of West Bengal Sriram Sah v State of West Bengal AIR 1999 Cal 10 (the ban
on clearing of trees was held not applicable to private plantations).
7 See Anupama Minerals v Union of India Anupama Minerals v Union of India Anupama Minerals v Union of India AIR 1986 AP
257 (conservation of forests includes not only preservation and protection of existing forests but also re-afforestation; forests
have to be cut to meet the needs of the country; at the same time, re-afforestation must go on to replace the vanishing forests; it
is a continuous and integrated process); T N Godavarman Thirumulkpad v Union of India T N Godavarman Thirumulkpad v
Union of India T N Godavarman Thirumulkpad v Union of India (1998) 5 Scale 4 [LNIND 1998 SC 812] [LNIND 1998 SC 812]
[LNIND 1998 SC 812] (SP) (where the court directed the state government to prevent encroachments into forest-land and to
retrieve encroached forest-land ); T N Godavarman Thirumulkpad v Union of India T N Godavarman Thirumulkpad v Union of
India T N Godavarman Thirumulkpad v Union of India AIR 1997 SC 1228 [LNINDORD 1996 SC 21] [LNINDORD 1996 SC 21]
[LNINDORD 1996 SC 21](where a complete ban on felling of any kind of trees in the tropical wet evergreen forests of Tirap and
Changlang in the State of Arunachal Pradesh was ordered because of their particular significance to maintain ecological
balance needed to preserve bio-diversity; further, all saw-mills, veneer mills and ply wood mills in the area and within a distance
of 100 kms from its border, in the State of Assam were also ordered to be closed).
8 Forest (Conservation) Act 1980 s 2. See Samatha v State of Andhra Pradesh, Samatha v State of Andhra Pradesh, Samatha
v State of Andhra Pradesh, AIR 1997 SC 3297 (prior approval of the Central Government is a condition precedent and the grant
of a lease or renewal without such approval renders the lease void); Divisional Forest Officer v S Nageswaramma Divisional
Forest Officer v S Nageswaramma Divisional Forest Officer v S Nageswaramma (1996) 6 SCC 442; Ambica Quarry Works v
State of Gujarat Ambica Quarry Works v State of Gujarat Ambica Quarry Works v State of Gujarat AIR 1987 SC 1037 (in order
to renew a mining licence, granted under the Forest (Conservation) Act 1980, the approval of the Central Government must be
taken); see contra Hyderabad A brasives and Minerals v Government of Andhra Pradesh Hyderabad A brasives and Minerals v
Government of Andhra Pradesh Hyderabad A brasives and Minerals v Government of Andhra Pradesh AIR 1990 AP 257
[LNIND 1989 AP 483] [LNIND 1989 AP 483] [LNIND 1989 AP 483](for the purposes of the Forest (Conservation) Act 1980,
what is important is the date of which the state government permits breaking and clearing of forest-land, not the date on which
the lease was granted); Nature lovers Movement v State of Kerala Nature lovers Movement v State of Kerala Nature lovers
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Movement v State of Kerala AIR 2000 Ker 131 [LNIND 1999 KER 591] [LNIND 1999 KER 591] [LNIND 1999 KER 591](the
Forest (Conservation) Act 1980 did not have retrospective effect and therefore prior approval was not necessary in de-reserving
forest-land for occupations and encroachments made prior to the Act); Goa Foundation v Konkan Railway Corpn Goa
Foundation v Konkan Railway Corpn Goa Foundation v Konkan Railway Corpn AIR 1992 Bom 471 [LNIND 1992 BOM 267]
[LNIND 1992 BOM 267] [LNIND 1992 BOM 267]at 476 (where the Railway Ministry, which is part of the Central Government,
approved the project of laying a new railway line, approval of the Central Government under the Forest (Conservation) Act 1980
s 2 was not necessary).

(CONSERVATION) ACT 1980/B. ROLE OF CENTRAL GOVERNMENT/[135.429] Constitution of advisory
committee
[135.429] Constitution of advisory committee The Central Government may constitute a Committee1 to
advise it with regard to:
(1) the grant of approval for de-reservation of forests and forest-lands under the Forest
(Conservation) Act 19802;
(2) any other matter connected with the conservation of forests which may be referred to it by the
Central Government3.
The Committee is to meet at least once every month4. The Central Government must refer every proposal
received from state governments or other authorities to the Committee5. The Committee, while tendering its
advice, will consider:
(a) the ecological importance of the forest-land proposed to be used for a 'non-forest purpose'6;
(b) the identification and feasibility of alternatives by the state government; and
(c) the provision of resources for compensatory afforestation7.
The Committee may also suggest further conditions and restrictions to minimise adverse environmental
impact8.
The Central Government must consider the advise of the Committee and if required, the findings of other
inquiries before granting or rejecting approval to the concerned proposal, with or without conditions9.
1 See the Forest (Conservation) Rules 2003 r 3: The Committee is composed of the:
(1) Director-General of Forests, Ministry of Environment and Forests as its chairperson;

(2) Additional Director General of Forests, Ministry of Environment and Forests as a member;
(3) Additional Commissioner (Soil Conservation), Ministry of Agriculture another member;
(4) Three eminent experts, all non-officials, in forestry and allied disciplines as other members;
(5) Inspector General of Forests (Forest Conservation), Ministry of Environment and Forests as the Member
Secretary.
The Additional Director General of Forests acts as the chairman in the absence of the Director General of Forests.
2 Forest (Conservation) Act 1980 s 3(i). See T N Godavarman Thirumulkpad v Union of India T N Godavarman Thirumulkpad v
Union of India T N Godavarman Thirumulkpad v Union of India (1998) 6 Scale 17 [LNIND 1998 SC 953] [LNIND 1998 SC 953]
[LNIND 1998 SC 953](SP) (the Supreme Court directed the Central Government to consider constituting authorities under the
Environment Protection Act 1986 s 3(3) for all states, as well as a National Supervisory and Appellate Authority); see also T N
Union of India (2002) 5 Scale 6 (where pending the constitution of such statutory agency, the Supreme Court constituted a
Central Empowered Committee to monitor implementation of their orders and to place any non-compliance cases before the
Court). The Central Empowered Committee comprises: (1) a nominee of the Ministry of Environment and Forests as its
chairman; (2) representatives of two non governmental organisations; and (3) a nominee of the Ministry of Environment and
Forests as members.
These appointments are to be made in consultation with the amicus curiae and the persons appointed cannot be removed
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without leave of the court. The Central Empowered Committee may co-opt one or two persons as members for dealing with
specific issues. While dealing with issues of a specific state, the chief secretary of that particular state and its principal Chief
Conservator of Forests will be co-opted as special invitees.
3 Forest (Conservation) Act 1980 s 3(ii).
4 See the Forest (Conservation) Rules 2003 r 5(i). See contra T N Godavarman Thirumulkpad v Union of India T N
Godavarman Thirumulkpad v Union of India T N Godavarman Thirumulkpad v Union of India (2002) 5 Scale 6 (where the
Supreme Court allowed the Central Empowered Committee to decide its own procedure for dealing with applications and other
issues).
5 See the Forest (Conservation) Rules 2003rr 6(4)and6(5): Proposals involving forest-land less than 40 hectares and proposals
involving the clearing of naturally grown trees in forest-land or portion thereof for the purpose of using it for re-afforestation,
must be referred to the Chief Conservator of Forests or Conservator of Forests at the regional office of the Ministry of
Environment and Forests, for its advice. See T N Godavarman Thirumulkpad v Union of India T N Godavarman Thirumulkpad v
Union of India T N Godavarman Thirumulkpad v Union of India (2002) 5 Scale 6 (where the Supreme Court transferred all
applications, reports and affidavits filed before it to the Central Empowered Committee for examination, all individuals with
grievances against any step taken by the government or other authority were given the liberty to approach the Central
Empowered Committee for suitable relief).
6 As to the meaning of forest-produce see [135.335] note 3.
7 See the Forest (Conservation) Rules 2003 r 7(2). See Narmada Bachao Andolan v Union of India Narmada Bachao Andolan
v Union of India Narmada Bachao Andolan v Union of India (2000) 10 SCC 664 [LNIND 2000 SC 1361] [LNIND 2000 SC 1361]
[LNIND 2000 SC 1361] (where the Supreme Court observed that if afforestation was taking place on wasteland or lesser quality
land, it did not follow that it would necessarily be of lesser quality or quantity; the Central Government while clearing the
concerned large dam project had required that for every hectare of forest-land submerged or diverted for construction, there
would be compensatory afforestation of one hectare of non-forest-land and re-fore station of two hectares of degraded forests).
8 See the Forest (Conservation) Rules 2003 r 7(3).
9 See the Forest (Conservation) Rules 2003 r 8.

(CONSERVATION) ACT 1980/C. OFFENCES AND PENALTIES/[135.430] Offences
[135.430] Offences Where any offence under the Forest (Conservation) Act 1980 has been committed:
(1) by any department of government, the head of the department1; or

(2) by any authority2;
every person who, at the time the offence was committed, was directly in charge of and was responsible to
the authority for the conduct of the business of the authority as well as the authority will be deemed to be
guilty of the offence and will be liable to be proceeded against and punished accordingly3.
However, the head of the department or a person referred4, may not be rendered liable to any punishment, if
he proves that the offence was committed without his knowledge or that he exercised due diligence to
prevent the commission of such offence5.
Where an offence, punishable under the Act, has been committed by a government department or any
authority referred6 and it is proved that:
(a) the offence has been committed with the consent or connivance of any officer; or
(b) is attributable to any neglect on the part of any officer, other than the head of the department
or in the case of an authority, any person other than the persons referred7, such officer or
persons must also be deemed to be guilty of that offence and must be liable to be proceeded
against and punished accordingly8.
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1 Forest (Conservation) Act 1980 s 3B(1)(a). See T N Godavarman Thirumulkpad v Union of India T N Godavarman
Thirumulkpad v Union of India T N Godavarman Thirumulkpad v Union of India AIR 1998 SC 769 [LNIND 1998 SC 65] [LNIND
1998 SC 65] [LNIND 1998 SC 65], T N Godavarman Thirumulkpad v Union of India T N Godavarman Thirumulkpad v Union of
India T N Godavarman Thirumulkpad v Union of India (1998) 2 SCC 59 [LNIND 1998 SC 65] [LNIND 1998 SC 65] [LNIND 1998
SC 65], T N Godavarman Thirumulkpad v Union of India T N Godavarman Thirumulkpad v Union of India T N Godavarman
Thirumulkpad v Union of India (1998) 1 Scale 114 (state governments were directed to investigate into all forest divisions where
illegal felling had taken place and initiate disciplinary or criminal action against officials found responsible).
2 Forest (Conservation) Act 1980 s 3B(1)(b).
3 See notes 1 and 2 above.
4 Ie referred to under the Forest (Conservation) Act 1980 s 3B(1)(a).
5 Forest (Conservation) Act 1980 s 3B proviso.
6 Ie referred to under the Forest (Conservation) Act 1980 s 3B(1)(b).
7 See note 6 above.
8 Forest (Conservation) Act 1980 s 3B(2).

(CONSERVATION) ACT 1980/C. OFFENCES AND PENALTIES/[135.431] Penalty
[135.431] Penalty Whoever contravenes or abets the contravention of any of the provisions relating to the
de-reservation of forests or use of forest-land for non-forest purposes, must be punishable with simple
imprisonment for a period which may extend to fifteen days1.
1 Forest (Conservation) Act 1980 s 3A.

(Environment; Misrepresentation and Fraud)/[135] ENVIRONMENT/10. WILD LIFE PROTECTION/(1)
PROTECTION OF WILD LIFE/A. WILD LIFE (PROTECTION) ACT 1972/(i) Generally/[135.432] Legislation
and scope
[135.432] Legislation and scope In the year 1991, Parliament extended the Act to the whole of India except
the State of Jammu and Kashmir, which has its own Wild Life Protection Act 1972 similar to the national
law1. The Act lists not only endangered flora2 and fauna3 but also vermin4.
1 Wild Life (Protection) Act 1972 s 1. Pradeep Krishen v Union of India Pradeep Krishen v Union of India Pradeep Krishen v
Union of India AIR 1996 SC 2040 [LNIND 1996 SC 2802] [LNIND 1996 SC 2802] [LNIND 1996 SC 2802].
2 Wild Life (Protection) Act 1972Sch 6.
3 Wild Life (Protection) Act 1972Schs 1-4.
4 Wild Life (Protection) Act 1972Sch 5. See the Wild Life (Protection) Act 1972 s 62. See also Sukh Dev Singh Roy v Union of
India Sukh Dev Singh Roy v Union of India Sukh Dev Singh Roy v Union of India (1993) 60 Del LT 319.
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PROTECTION OF WILD LIFE/A. WILD LIFE (PROTECTION) ACT 1972/(i) Generally/[135.433] Prohibition
on hunting
[135.433] Prohibition on hunting Wild Life (Protection) Act 1972 prohibits the hunting of all wild animals
specified in the Act1.
1 Wild Life (Protection) Act 1972 s 9. As to prohibition on hunting see animals ANIMALS [15.054].

PROTECTION OF WILD LIFE/A. WILD LIFE (PROTECTION) ACT 1972/(ii) Definitions/[135.434] Definition
of wild life
[135.434] Definition of wild life The term 'wild life' includes any animal, aquatic or land vegetation which
forms part of any habitat1. It therefore, includes mammals, birds, reptiles, amphibians, fish, other chor-dates
and invertebrates and also includes their young and eggs2.
1 Wild Life (Protection) Act 1972 s 2(37).

PROTECTION OF WILD LIFE/A. WILD LIFE (PROTECTION) ACT 1972/(ii) Definitions/[135.435] Other
important definitions
[135.435] Other important definitions The Wild Life (Protection) Act 1972 defines the following expressions
thus:
Animal' includes mammals, birds, reptiles, amphibians, fish, other chordates and invertebrates and also
includes their young and eggs 1.
'Animal article' refers to:
(1) an article made from any captive animal or wild animal, other than vermin;
(2) an article or object in which the whole or any part of such animal has been used; and
(3) ivory imported into India and an article made from it2.
'Livestock' refers to farm animals and includes buffaloes, bulls, bullocks, camels, cows, donkeys, goats,
sheep, homes, mules, yaks, pigs, ducks, geese, poultry and their young but does not include any animal
specified in Schedules 1 to 53.
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'Trophy' refers to the whole or any part of any captive animal or wild animal, other than vermin that has been
kept or preserved by any means, whether artificial or natural4.
'Uncured trophy' refers to the whole or any part of any captive animal or wild animal, other than vermin,
which has not undergone a process of taxidermy, and includes a freshly killed wild animal, ambergris, musk
and other animal products5.
3 Wild Life (Protection) Act 1972 s 2(18A).

PROTECTION OF WILD LIFE/A. WILD LIFE (PROTECTION) ACT 1972/(iii) Conservation/[135.436]
Strategies for wild life conservation 2002
[135.436] Strategies for wild life conservation 2002 the Wild Life Conservation Strategy 2002 aims at:
(1) better wild life1 conservation through prioritising wild life and forests at the national level;
(2) the allocation of funds;
(3) better management of national parks and sanctuaries;
(4) forest conservation;
(5) preventing encroachments on protected areas and forest-land;
(6) restrictions on diversion of forest-lands for non-forest purposes;
(7) better enforcement of measures against poaching and trade in wild life and wild life products;
(8) better education activities through the increased use of media; and
(9) the protection of interests of the poor and tribal populace living around national parks and
sanctuaries2.
the Wild Life Conservation Strategy 2002 states that lands falling within 10 km of the boundaries of national
parks and sanctuaries must be notified as eco-fragile zones under the Environment Protection Act 19863.
1 As to the meaning of 'wild life' see [135.434].
2 Wild Life Conservation Strategy 2002.
3 Wild Life Conservation Strategy 2002 cl 9.

PROTECTION OF WILD LIFE/B. AUTHORITIES CONSTITUTED UNDER THE ACT/[135.437]
Establishment and duties of National Board for Wild Life
[135.437] Establishment and duties of National Board for Wild Life The Central Government must
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constitute a National Board for Wild Life1, within three months from the date of commencement of the Wild
Life (Protection) Amendment Act 20022 It is the duty of the National Board for Wild life to promote the
conservation and development of wild life and forests by such measures as it thinks fit.3 These measures
include:
(1) framing policies, advising the Central Government and the state governments on the ways and
means of promoting wild life conservation and effectively controlling poaching and illegal trade
of wild life and its products4;
(2) making recommendations on the setting up of and management of national parks, sanctuaries
and other protected areas and on matters relating to restriction of activities in those areas5;
(3) carrying out or causing to be carried but impact assessment of various projects and activities
on wild life or its habitat6;
(4) reviewing from time to time, the progress in the field of wild life conservation in the country and
suggesting measures for improvement thereto7; and
(5) preparing and publishing a status report at least once in two years on wild life in the country8
1 Wild Life (Protection) Act 1972 ss 2(20A), 5A(1). The National Board of Wild Life comprises:
(1) the Prime Minister as its chairperson;

(2) the Minister of Environment and Forests as its vice chairperson;
(3) three Members of Parliament;
(4) Member of the Planning Commission in-charge-of Forests and Wild Life;
(5) five persons to represent non-governmental organisations;
(6) ten eminent conservationists, ecologists and environmentalists;
(7) the Environment and Forests-Secretary;
(8) the Chief of Army Staff;
(9) the Defence Secretary;
(10) the Information and Broadcasting Secretary;
(11) the Secretary of the Department of Expenditure, Ministry of Finance;
(12) the Secretary, Ministry of Tribal Welfare;
(13) the Director-General of Forests, Ministry of Environment and Forests;
(14) the Director-General of Tourism;
(15) the Director-General, Indian Council for Forestry Research and Education;
(16) the Director, Wild Life Institute of India;
(17) the Director, Zoological Survey of India;
(18) the Director, Botanical Survey of India;
(19) the Director, Indian Veterinary Research Institute;
(20) the Member Secretary, Central Zoo Authority;
(21) the Director, National Institute of Oceanography;
(22) one representative, each from ten States and Union Territories by rotation; and
(23) the Director of Wild Life Preservation as its Member Secretary
2 Wild Life (Protection) Act 1972 s 5A.
3 Wild Life (Protection) Act 1972 s 5C(1). As to the meaning of 'wild life' see [135.434]
4 Wild Life (Protection) Act 1972 s 5C(2)(a). As to trade and commerce in animal and animal products see [135.480].
5 Wild Life (Protection) Act 1972 s 5C(2)(b) (see protected areas: [135.447] and following).
6 Wild Life (Protection) Act 1972 s 5C(2)(c) (as to environment impact assessment see [135.246] and following).
7 Wild Life (Protection) Act 1972 s 5C(2)(d).
8 Wild Life (Protection) Act 1972 s 5C(2)(e).

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Establishment and duties of State Board for Wild Life
[135.438] Establishment and duties of State Board for Wild Life The state government must constitute a
State Board for Wild Life1, within six months from the date of commencement of the Wild Life (Protection)
Amendment Act 20022. It is the duty of the State Board for Wild Life to advise the state government:
(1) in the selection and management of areas to be declared as protected areas3;

(2) in formulation of the policy for protection and conservation of the wild life and specified plants4;
(3) in any matter relating to the amendment of any schedule5;
(4) in relation to the measures to be taken for harmonising the needs of the tribal populace and
other dwellers of the forest with the protection and conservation of wild life6; and
(5) in any other matter connected with the protection of wild life which may be referred to it by the
state government7.
1 Wild Life (Protection) Act 1972 s 6(1). The state board for wild life, which replaces the earlier Wild Life Advisory Board
comprises:
(1) the Chief Minister as its chairperson;

(2) the Minister of Forests and Wild Life as its Vice chairperson;
(3) three members of the state legislature;
(4) three persons from non-governmental organisations dealing with wild life;
(5) ten eminent conservationists, ecologists and environmentalists, including at least two representatives of the
scheduled tribes;
(6) the State Environment Secretary;
(7) the officer in-charge of the state forest department;
(8) the State Secretary, Department of Tribal Welfare;
(9) the Managing Director, State Tourism Development Corporation;
(10) an officer of the state police department;
(11) a representative of the armed forces;
(12) the Director, Department of Animal Husbandry;
(13) the Director, Department of Fisheries;
(14) an officer to be nominated by the Director, Wild Life Preservation;
(15) a representative of the Wild Life Institute of India;
(16) a representative of the Botanical Survey of India;
(17) a representative of the Zoological Survey of India; and
(18) the Chief Wild Life Warden as its Member-Secretary.
As to protected areas see [135.447] and following.
3 Wild Life (Protection) Act 1972 s 8(a). As to the meaning of 'wild life' see [135.434]
4 Wild Life (Protection) Act 1972 s 8(b).
5 Wild Life (Protection) Act 1972 s 8(c).
6 Wild Life (Protection) Act 1972 s 8(cc).
7 Wild Life (Protection) Act 1972 s 8(d).

Establishment and duties of State Advisory Committee
281151
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[135.439] Establishment and duties of State Advisory Committee The state government must constitute
an Advisory Committee1 to render advice on measures to be taken for better conservation and management
of the sanctuary including participation of the people living within and around the sanctuary2
1 Wild Life (Protection) Act 1972 s 33B(1). The Advisory Committee comprises:
(1) the Chief Wild life Warden as its Head;

(2) one member of the state legislature within whose constituency the sanctuary is situated;
(3) three representatives from Panchayati Raj institutions
(4) two persons from non-governmental organisations;
(5) three individuals active in the field of wildlife conservation;
(6) one representative each from State departments dealing with Home and Veterinary;
(7) Honorary Wild life Warden;
(8) the officer-in-charge of the sanctuary as its Member-Secretary.
2 Wild Life (Protection) Act 1972 s 33B(2).

PROTECTION OF WILD LIFE/B. AUTHORITIES CONSTITUTED UNDER THE ACT/[135.440] Other
authorities
[135.440] Other authorities The Central Government may, for the purpose of the Wild Life (Protection) Act
1972, appoint:
(1) a Director for preservation of wild life1;

(2) Assistant Directors for preservation of wild life2; and
(3) such other officers and employees as may be necessary3.
In the performance of his duties and exercise of his powers by or under the Act, the Director must be subject
to such general or special directions, as the Central Government may specify, from time to time give4. The
Assistant Directors of Wild Life Preservation and other officers and employees must be considered as
subordinate to the Director.
Apart from the Central Government, the state government may, for the purposes of the Act, appoint:
(a) a Chief Wild Life Warden5

(b) Wild Life Wardens6
(c) Honorary Wild Life Wardens7; and
(d) such other officers and employees as may be necessary8.
In the performance of his duties and exercise of his powers by or under the Act, the Chief Wild Life Warden
must be subject to such general or special directions, as the state government may specify, from time to
time, give9. The Wild Life Warden, the Honorary Wild Life Warden and other officers and employees must be
considered as subordinate to the Chief Wild Life Warden10.
When several states were lax in the appointment of authorities to enforce the Wild Life (Protection) Act 1972,
the Supreme Court, by an interim order, directed the states which had either not constituted Wild Life
Advisory Boards or where the term of the board had expired, to constitute boards within two months11. State
governments that had failed to appoint Wild Life Wardens were asked to appoint wardens for all the areas
within the states12.
1 Wild Life (Protection) Act 1972 s 3(1)(a).

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2 Wild Life (Protection) Act 1972 s 3(1)(c).
6 Wild Life (Protection) Act 1972 s 4(1)(b).
7 Wild Life (Protection) Act 1972 s 4(1)(bb).
11 Centre for Environmental Law, World Wild Life Fund v Union of India Centre for Environmental Law, World Wild Life Fund v
Union of India Centre for Environmental Law, World Wild Life Fund v Union of India (1997) 6 Scale 8 (SP).

PROTECTION OF WILD LIFE/C. PROTECTION OF SPECIFIED PLANTS/[135.441] Declaration of stock
[135.441] Declaration of stock Every person cultivating or dealing in a specified plant or their parts or
derivative must, within 30 days from the date of commencement of the Wild Life (Protection) (Amendment)
Act 1991, declare his stocks of such plants and their parts or derivative, as the case may be, on the date of
such commencement, to the Chief Wild Life Warden or any other officer authorised by the state government
in this behalf1.
1 Wild Life (Protection) Act 1972 s 17E(1). The provisions of the Wild Life (Protection) Act 1972 ss 45, 46 and 47(3)-(8) must, as
far as may be, apply in relation to an application and a licence referred to under the Wild Life (Protection) Act 1972 ss
17Cand17D, as they apply in relation to the licence or business in animals or animal articles: Wild Life (Protection) Act 1972 s
17E(2).

PROTECTION OF WILD LIFE/C. PROTECTION OF SPECIFIED PLANTS/[135.442] Prohibition of picking,
uprooting, damaging, possessing, etc of specified plants
[135.442] Prohibition of picking, uprooting, damaging, possessing, etc of specified plants A person is
prohibited from doing the following:
(1) wilfully pick, uproot, damage, destroy, acquire or collect any specified plant from any
forest-land and any area specified, by notification by the Central Government1.
(2) possess, sell, offer for sale, or transfer by way of gift or otherwise or transport any specified
plant, whether alive, dead, parts or a derivative of it2.
However, a member of a scheduled tribe must not be prevented, subject to the provisions relating to
protected areas3 from picking, collecting or possessing any specified plant, parts or derivative of it, for his
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bona fide personal use, in the district he resides in4.
1 Wild Life (Protection) Act 1972 s 17A(a).
2 Wild Life (Protection) Act 1972 s 17A(b).
3 Ie provisions mentioned under the Wild Life (Protection) Act 1972 Ch 4 (see [135.447] and following)
4 Wild Life (Protection) Act 1972 s 17A proviso.

PROTECTION OF WILD LIFE/C. PROTECTION OF SPECIFIED PLANTS/[135.443] Prohibition on
cultivation of specified plants without license
[135.443] Prohibition on cultivation of specified plants without license Under the Wild Life (Protection)
Act 1972, it is an offence for any person to cultivate a specified plant, except under and in accordance with a
license granted by the Chief Wild Life Warden1. Every license granted must specify the area in which and the
conditions under which the licensee can cultivate the plant2.
However, any person who was cultivating a specified plant prior to the Wild Life (Protection) Amendment Act
1991 may continue cultivation for a period of six months from the date of commencement of the Act or if he
has applied for a license, till the license is granted or refused to him3.
1 Wild Life (Protection) Act 1972 s 17C(1).
3 Wild Life (Protection) Act 1972 s 17C(1) proviso.

PROTECTION OF WILD LIFE/C. PROTECTION OF SPECIFIED PLANTS/[135.444] Prohibition on purchase
of specified plants
[135.444] Prohibition on purchase of specified plants A person must not purchase, receive or acquire
any specified plant, part or its derivative, otherwise than from a licensed dealer1. However, this must not
apply to any person who has been granted a permit for special purposes2.
1 Wild Life (Protection) Act 1972 s 17G.
2 Wild Life (Protection) Act 1972 s 17G proviso.

PROTECTION OF WILD LIFE/C. PROTECTION OF SPECIFIED PLANTS/[135.445] Prohibition on dealing
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in specified plants
[135.445] Prohibition on dealing in specified plants A person must not commence or carry on business or
occupation as a dealer in a specified plant, part or its derivative, except under and in accordance with a
licence granted by the Chief Wild Life Warden or any other officer authorised by the state government in this
behalf1. However, a person who was carrying on such business or occupation, immediately before the
commencement of the Wild Life (Protection) Amendment Act, 1991 must not be prevented from carrying on
such business or occupation for a period of 60 days from such commencement. Where he has made an
application within that period for the grant of a licence to him, he must not be prevented from carrying on
such business until the licence is granted to him or he is informed in writing that a licence cannot be granted
to him2.
Every licence so granted must specify the premises in which and the conditions, if any, subject to which the
licensee must carry on his business3.
1 Wild Life (Protection) Act 1972 s 17D(1).
2 Wild Life (Protection) Act 1972 s 17D proviso.

PROTECTION OF WILD LIFE/C. PROTECTION OF SPECIFIED PLANTS/[135.446] Plants, in respect of
which any offence is committed
[135.446] Plants, in respect of which any offence is committed Under the Wild Life (Protection) Act 1972,
every specified plant, part or its derivative, in respect of which any offence has been committed, must be the
property of the state government. Where such plant, parts or derivative has been collected or acquired from
a sanctuary or national park declared by the Central government, it must be the property of the Central
Government1.
1 Wild Life (Protection) Act 1972 s 17H(1).

PROTECTION OF WILD LIFE/D. PROTECTED AREAS (I) POWER OF CENTRAL
GOVERNMENT/[135.447] Power of the Central Government regarding declaration of sanctuaries and
national parks
[135.447] Power of the Central Government regarding declaration of sanctuaries and national parks
Where the state government leases or otherwise transfers any area under its control, not being an area
within a sanctuary, to the Central Government, the Central Government may, if it is satisfied that the
conditions specified1 are fulfilled in relation to the area so transferred to it, declare, by notification such area
to be a sanctuary2. The Central Government may declare an area3, by notification, to be a national park4.
In relation to a sanctuary or national park declared by the Central Government, the powers and duties of the
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Chief Wild Life Warden5, must be exercised and discharged by the Director or by such other officer, as may
be authorised by the Director in this behalf6.
1 Ie the conditions specified under the Wild Life (Protection) Act 1972 s 18(see [135.448])
2 Upon declaration of an area as a sanctuary, the provisions of the Wild Life (Protection) Act 1972 ss 18-35 (both inclusive), 54
and 55, must apply in relation to such sanctuary as they apply in relation to a sanctuary declared by the state government.
3 The Central Government may, so declare, if it is satisfied that the conditions specified under the Wild Life (Protection) Act
1972 s 35 are fulfilled in relation to any area referred to under the Wild Life (Protection) Act 1972 s 38(1), whether or not such
area has been declared to be a sanctuary by the Central or the state government.
4 Wild Life (Protection) Act 1972 s 38(2). Upon such declaration, the provisions of the Wild Life (Protection) Act 1972 ss 35, 54
and 55 must apply in relation to such national park as they apply in relation to a national park declared by the state government.
5 Ie powers and duties as mentioned under the Wild Life (Protection) Act 1972 ss 38(1)-(2).
6 Wild Life (Protection) Act 1972 s 38(3). Under the Wild Life (Protection) Act 1972 s 38(3), references to the state government
must be construed as references to the Central Government and references to the legislature of the state must be construed as
a reference to Parliament.

PROTECTION OF WILD LIFE/D. PROTECTED AREAS (I) POWER OF CENTRAL GOVERNMENT/(ii)
Sanctuaries/(A) Generally/[135.448] Declaration of intention
[135.448] Declaration of intention The state government may, by notification, declare its intention to
constitute any area1 other than an area comprised within any reserve forest2 or the territorial waters, as a
sanctuary, if it considers that such area is of adequate ecological, faunal, floral, ge-omorphological, natural or
zoological significance for the purpose of protecting, propagating or developing wild life or its environment3.
The notification declaring an area as a sanctuary must specify the situation and limits of such area, as nearly
as possible4.
1 Wild Life (Protection) Act 1972 s 18 explanation: it must be sufficient to describe the area by roads, rivers, ridges or other well
known or readily intelligible boundaries.
2 As to reserved forests see [135.346].

Sanctuaries/(A) Generally/[135.449] Declaration of area as a sanctuary
[135.449] Declaration of area as a sanctuary The state government must issue a notification specifying the
limits of the area which must be comprised within the sanctuary and declare that the said area be a
sanctuary on and from such date as may be specified in the notification, when:
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(1) a notification has been issued regarding the intention to declare an area as a sanctuary1 and
the period for preferring claims has elapsed and all claims, if any, made in relation to any land
in an area intended to be declared as a sanctuary, have been disposed of by the state
government2; or
(2) any area comprised within any reserve forest3 or any part of the territorial waters, which is
considered by the state government to be of adequate ecological, faunal, floral,
geomorphological, natural or zoological significance for the purposes of protecting, propagating
or developing wild life or its environment, is to be included in a sanctuary4;
However, where any part of the territorial waters is to be so included, prior concurrence of the Central
Government, must be obtained by the state government5.
Furthermore, the limits of the area of the territorial waters to be included in the sanctuary must be determined
in consultation with the Chief Naval Hydrographer of the Central Government and after taking adequate
measures to protect the occupational interests of the local fishermen6. The Supreme Court directed the
states to complete the process of determining the rights and acquisition of lands as contemplated by the Act,
within a period of one year7.
The right of innocent passage of any vessel or boat through the territorial waters must not be affected by the
notification so issued8
1 See [135.448]
2 Wild Life (Protection) Act 1972 s 26A(1)(a).
3 As to reserved forests see [135.346].
4 Wild Life (Protection) Act 1972 s 26A(1)(b).
5 Wild Life (Protection) Act 1972 s 26A(1)(b) proviso 1.
6 Wild Life (Protection) Act 1972 s 26A(1)(b) proviso 2.
Union of India Centre for Environmental Law, World Wild Life Fund v Union of India (1997) 6 Scale 8 (SP). See generally [195]
LAND ACQUISITION, ADMINISTRATION AND DIVISION.
8 Wild Life (Protection) Act 1972 s 26A(2).

Sanctuaries/(A) Generally/[135.450] Protection to sanctuaries
[135.450] Protection to sanctuaries When the state government declares its intention to constitute any
area not comprised within any forest reserve into a sanctuary1, certain provisions relating to protected areas
come into effect immediately2.
Until the rights of affected persons are finally settled3, the state government must make alternative
arrangements required for making available fuel, fodder and other forest-produce4 to the affected, in terms of
their rights as per government records5.
1 Ie declares under the Wild Life (Protection) Act 1972 s 18 (see [135.448]).
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3 Ie settled under the Wild Life (Protection) Act 1972 ss 19-24.

Sanctuaries/(B) Rights in Land Proposed as Sanctuaries/[135.451] Bar on accrual of rights
[135.451] Bar on accrual of rights Under the Wild Life (Protection) Act 1972, from the date of issuance of a
notification by a state government declaring its intention to notify an area as a sanctuary1, no right may be
acquired in or over the land comprised within the limits of the area specified in such notification, except by
testamentary or intestate succession2.
1 See [135.448]
2 Wild Life (Protection) Act 1972 s 20. As to testamentary and intestate succession see [300.343]WILLS AND SUCCESSION.

Sanctuaries/(B) Rights in Land Proposed as Sanctuaries/[135.452] Power to remove encroachments
[135.452] Power to remove encroachments Any officer, not below the rank of an Assistant Conservator of
Forests, may:
(1) evict any person from a sanctuary or national park, who unauthor-isedly occupies government
land in contravention to the provisions of the Wild Life (Protection) Act 19721;
(2) remove any unauthorised structures, buildings or constructions erected on any government
land within any sanctuary or national park and all the things, tools and effects belonging to such
person must be confiscated, by an order of an officer not below the rank of the Deputy
Conservator of Forests2.
However, no such order must be passed, unless the affected person is given an opportunity of being heard3.
The power to remove encroachment would be available notwithstanding any other penalty that may be
inflicted for violation of any other provision of this Act4.
1 Wild Life (Protection) Act 1972 s 34A(1)(a).
2 Wild Life (Protection) Act 1972 s 34A(1)(b).
3 Wild Life (Protection) Act 1972 s 34A(1)(b) proviso.

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Sanctuaries/(B) Rights in Land Proposed as Sanctuaries/[135.453] Alteration of boundaries
[135.453] Alteration of boundaries The State government cannot not alter the boundaries of a sanctuary,
except on a recommendation from the National Board for Wild Life1. This procedure gives effect to the
directions of the Supreme Court in cases filed to guard sanctuaries and national parks against
de-notification.2
Union of India Centre for Environmental Law, World Wild Life Fund v Union of India (1997) 6 Scale 8 (SP); see also Centre for
Environmental Law, World Wild Life Fund v Union of India World Wild Life Fund v Union of India World Wild Life Fund v Union
of India 2000 (8) Scale 391 (the Supreme Court prohibited the de-reservation of forest, sanctuaries and national parks pending
further orders).

Sanctuaries/(c) Restrictions and Responsibilities/[135.454] Restriction on entry into a sanctuary
[135.454] Restriction on entry into a sanctuary A person must not enter or reside in the sanctuary, except
under and in accordance with the conditions of a permit granted in respect of it1 and, unless he is:
(1) a public servant on duty2;

(2) a person who has been permitted by the Chief Wild Life Warden or the authorised officer to
reside within the limits of the sanctuary3;
(3) a person who has any right over immovable property within the limits of the sanctuary4;
(4) a person passing through the sanctuary along a public highway5; and
(5) the dependants of the person6;
1 As to the grant of permit see [135.466]. Navin M Raheja v Union of India Navin M Raheja v Union of India Navin M Raheja v
Union of India (2001) 3 Scale 532 (where Supreme Court stayed the construction of a road through the Corbett Tiger Reserve
for lack of permit); see also T N Godavarman Thirumulkpad v Union of India T N Godavarman Thirumulkpad v Union of India T
N Godavarman Thirumulkpad v Union of India (2001) 4 Scale 604 (where the Supreme Court prohibited the entry of vehicles
apart from ambulances and fire engines inside the national park, irrespective of any permit or license); Nature Park Walkers
Association v State of Andhra Pradesh Nature Park Walkers Association v State of Andhra Pradesh Nature Park Walkers
Association v State of Andhra Pradesh (1999) 2 Andh LT 604(where the court held a prohibition on the entry of general public
into a national park as being ultra vires and violative of the Constitution of India art 21 (see generally[80]CONSTITUTIONAL
LAW)).
2 Wild Life (Protection) Act 1972 ss 27(1)(a).
3 Wild Life (Protection) Act 1972 ss 27(1)(b).
4 Wild Life (Protection) Act 1972 ss 27(1)(c).
5 Wild Life (Protection) Act 1972 ss 27(1)(d).
6 Ie the person referred to under the Wild Life (Protection) Act 1972 s 27(1)(a), (b) and (c). Wild Life (Protection) Act 1972 s
27(1)(e).
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Sanctuaries/(c) Restrictions and Responsibilities/[135.455] Responsibilities regarding a sanctuary
[135.455] Responsibilities regarding a sanctuary Every person must, so long as he resides in the
sanctuary, be bound:
(1) to prevent the commission of an offence in the sanctuary against the Wild Life (Protection) Act
19721
(2) to help in discovering and arresting the offender, where there is reason to believe that any
such offence has been committed in such sanctuary under the Act2;
(3) to report the death of any wild animal and to safeguard its remains until the Chief Wild Life
Warden or the authorised officer takes its charge3;
(4) to extinguish any fire in such sanctuary of which he has knowledge or information and to
prevent any fire from spreading, by any lawful means in his power, within the vicinity of such
sanctuary of which he has knowledge or information4; and
(5) to assist any forest officer, Chief Wild Life Warden, Wild Life Warden or police officer
demanding his aid for preventing the commission of any offence against the Act or in the
investigation of any such offence5.
A person must not alter, destroy, move or deface a boundary mark, with intent to cause damage to any
boundary mark of a sanctuary or to cause wrongful gain6. A person must not tease or molest any wild animal
or litter the grounds of sanctuary7.
4 Wild Life (Protection) Act 1972 s 27(2)(d).
5 Wild Life (Protection) Act 1972 s 27(2)(e). As to the meaning of 'forest officer' see [135.335].
6 Wild Life (Protection) Act 1972 s 27(3) (see [105] CRIMINAL LAW AND PROCEDURE).

Sanctuaries/(D) Appointment and Powers of Collector/[135.456] Generally
[135.456] Generally A state government must appoint an officer to act as a collector under the Wild Life
(Protection) Act 1972, within 90 days of coming into force of the Wild Life (Protection) Amendment Act 2002
or within 30 days of the issue of notification by the state government declaring its intention to constitute an
area into a sanctuary1. The collector is required to inquire into and determine the existence, nature and
extent of rights of any person in or over the land comprised within the limits of the proposed sanctuary2.
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1 See [135.000]
2 Wild Life (Protection) Act 1972 s 18B.

Sanctuaries/(D) Appointment and Powers of Collector/[135.457] Collector to determine rights
[135.457] Collector to determine rights After a state government declares its intention to constitute any
area as a sanctuary by a notification1, the district collector2 must inquire into and determine the extent of
rights of any person in or over the land comprised within the limits of the sanctuary3. For the purposes of
such inquiry, the collector is vested with the powers of a civil court4.
1 Ie a notification under the Wild Life (Protection) Act 1972 s 18 (see [135.448])
2 As to appointment of a collector see [135.456].
3 Wild Life (Protection) Act 1972 s 19.

Sanctuaries/(D) Appointment and Powers of Collector/[135.458] Proclamation by collector
[135.458] Proclamation by collector When a notification has been issued declaring the intention of a state
government to constitute any area into a sanctuary1, the collector must, within a period of sixty days2,
publish3:
(1) a proclamation specifying the situation and limits of the sanctuary4; and
(2) requiring any person claiming a right in or over the notified land, to prefer a written claim to the
collector within two months from the date of such proclamation; and
(3) specifying the nature and extent of such right and amount and particulars of compensation5.
1 Ie a notification under the Wild Life (Protection) Act 1972 s 18 (see [135.448])
2 The proclamation must be published in the regional language in every town and village in or in the neighbourhood of the
notified area. As to appointment of a collector see [135.456].
4 Wild Life (Protection) Act 1972 s 21(a).

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Sanctuaries/(D) Appointment and Powers of Collector/[135.459] Inquiry by collector
[135.459] Inquiry by collector The collector1 must, after serving a notice upon the prospective claimants
requiring them to file a written claim in respect of his rights in the proposed sanctuary2, expeditiously inquire
into:
(1) the claim preferred before him3; and

(2) the existence of any right in or over the land comprised within the limits of the proposed
sanctuary4.
For the purpose of such inquiry, the collector may exercise the following powers, namely:
(a) the power to enter in or upon any land, to survey, demarcate and make a map of the same or
to authorise any other officer to do so5; and
(b) the same powers as are vested in a civil court for the trial of suits6.
1 Ie the collector appointed under the Wild Life (Protection) Act 1972 s 18B (see [135.456])
2 See [135.458]
3 Ie the claim preferred under the Wild Life (Protection) Act 1972 s 21(b) (see [135.458]). Wild Life (Protection) Act 1972 s
22(a).
4 Wild Life (Protection) Act 1972 s 22(b). As to determination of rights in or over land see [135.457].

Sanctuaries/(D) Appointment and Powers of Collector/[135.460] Collector may reject or admit claim
[135.460] Collector may reject or admit claim In the case of a claim to a right in or over any land1, the
collector must pass an order admitting or rejecting the same in whole or in part2.
If such claim is admitted in whole or in part, the collector may either:
(1) exclude such land from the limits of the proposed sanctuary3; or
(2) proceed to acquire such land or rights, except where by an agreement between the owner of
such land or holder of rights and the government, the owner or holder of such rights has agreed
to surrender his rights to the government, in or over such land and on payment of such
compensation, as is provided in the Land Acquisition Act 18944; or
(3) allow the continuation of any right of any person in or over any land within the limits of the
sanctuary, in consultation with the Chief Wild Life Warden5.
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1 Ie any land referred to under the Wild Life (Protection) Act 1972 s 19 (see [135.457])

Sanctuaries/(D) Appointment and Powers of Collector/[135.461] Acquisition deemed to be for a public
purpose
[135.461] Acquisition deemed to be for a public purpose For the purpose of acquiring rights in any land
that has been proposed as a sanctuary, such land or rights in or over such land:
(1) the collector must be deemed to be a collector, proceeding under the Land Acquisition Act
18941;
(2) the claimant must be deemed to be a person interested and appearing before him in
pursuance of a notice given2;
(3) the provisions relating to authorities constituted under the Wild Life (Conservation) Act 19723,
must be deemed to have been complied with4;
(4) where the claimant does not accept the award made in his favour in the matter of
compensation, he must be deemed5 to be a person interested who has not accepted the award
and must be entitled to proceed to claim relief against the award6;
(5) the collector, with the consent of the claimant or the court and with the consent of both the
parties may award compensation in land or money or partly in land and partly in money7; and
(6) in the case of stoppage of a public way or a common pasture, the collector may, with the
previous sanction of the state government, provide for an alternative public way or common
pasture, as far as may be practicable or convenient8.
The acquisition under this Act of any land or interest therein must be deemed to be acquisition for a public
purpose9.
1 WildLife (Protection) Act 1972 s 25(1)(a). See generally [240] PROPERTY AND EASEMENTS.
2 Ie a notice given under the Wild Life (Protection) Act 1972 s 9 (see [135.433]). Wild life (Protection) Act 1972 s 24(1)(b).
3 Ie the provisions contained under the Wild Life (Protection) Act 1972ch 2.
4 Wild Life (Protection) Act 1972 25(1)(c).
5 Ie deemed under the Wild Life (Protection) Act 1972 s 18.
6 Ie award made under the Wild Life (Protection) Act 1972Pt 3. Wild Life (Protection) Act 1972(1)(d). As to awards see
generally [20]ARBITRATION.
7 Wild Life (Protection) Act 1972 s 25(1)(e).
8 Wild Life (Protection) Act 1972 s 25(1)(f).
9 Wild Life (Protection) Act 1972 s 25(2). See generally [195] LAND ACQUISITION, ADMINISTRATION AND DIVISION.
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Sanctuaries/(D) Appointment and Powers of Collector/[135.462] Time limit for acquisition proceedings
[135.462] Time limit for acquisition proceedings The collector must, as far as possible, complete the
acquisition proceedings1 within a period of two years from the date of notification of declaration of
sanctuary2. However, the notification must not lapse if the proceedings are not completed within a period of
two years, for any reason3.
1 Ie all the proceedings contained under the Wild Life (Protection) Act 1972 ss 19-25.
2 See [135.449]

Sanctuaries/(D) Appointment and Powers of Collector/[135.463] Delegation of collectors powers
[135.463] Delegation of collectors powers A state government may, by a general or a special order, direct
that the powers exercisable or the functions to be performed by the collector1 may be exercised and
performed by such other officer as may be specified in the order2.
1 Ie all the powers and functions to be performed by a collector under the Wild Life (Protection) Act 1972 ss 19-25 (see
[135.456] and following).

Sanctuaries/(E) Chief Wild Life Warden/[135.464] Generally
[135.464] Generally The Chief Wild Life Warden is the authority who must control, manage and maintain all
sanctuaries and for that purpose, within the limits of any sanctuary:
(1) may construct such roads, bridges, buildings, fences or barrier gates and carry out such other
works as he may consider necessary for the purposes of such sanctuary1. However, no
construction of commercial tourist lodges, hotels, zoos and safari parks must be undertaken
inside a sanctuary, except with the prior approval of the National Board2;
(2) must take such steps as will ensure the security of wild animals in the sanctuary and the
preservation of the sanctuary and wild life, as he may consider necessary for the improvement
of any habitat3;
(3) may take such measures, in the interests of wild life, as he may consider necessary for the
improvement of any habitat4;
(4) may regulate, control or prohibit, in keeping with the interests of wild life, the grazing or
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movement of live-stock5.
2 Wild Life (Protection) Act 1972 s 33(a) proviso.
5 Wild Life (Protection) Act 1972 s 33(d).

Sanctuaries/(E) Chief Wild Life Warden/[135.465] Duties of Chief Wild Life Warden
[135.465] Duties of Chief Wild Life Warden The Chief Wild Life Warden1 must take such measures in such
manner, as may be prescribed, for immunisation against communicable diseases of the livestock kept in or
within five kilometres of a sanctuary2. No person must take or cause to be taken or grazed, any livestock in a
sanctuary without getting it immunised3.
1 As to powers of the Chief Wild Life Warden see [135.464].

Sanctuaries/(F) Grant of Permit/[135.466] Generally
[135.466] Generally The Chief Wild Life Warden1 may, on application, grant a permit to any person to enter
or reside in a sanctuary for all or any of the following purposes, namely:
(1) investigation or study of wild life and purposes ancillary or incidental thereto2;
(2) photography3;
(3) scientific research4;
(4) tourism5;
(5) transaction of lawful business with any person residing in the sanctuary6.
A permit to enter or reside in a sanctuary must be issued, subject to such conditions and on payment of such
fee as may be prescribed7.
1 As to the Chief Wild Life Warden see [135.464].

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6 Wild Life (Protection) Act 1972 s 28(1)(e).

Sanctuaries/(F) Grant of Permit/[135.467] Prohibition on destruction without permit
[135.467] Prohibition on destruction without permit A person must not:
(1) destroy, exploit or remove any wild life including forest produce from a sanctuary; or
(2) destroy, damage or divert the habitat of any wild animal by any act; or
(3) divert, stop or enhance the flow of water into or outside the sanctuary,
except under and in accordance with a permit granted by the Chief Wild Life Warden1. No such permit must
be granted unless the state government in consultation with the Sate Board for Wild Life authorises the issue
of such permit, upon being satisfied that such removal of wild life from the sanctuary or change in the flow of
water into or outside the sanctuary is necessary for the improvement and better management of wild life2.
However, where the forest-produce3 is removed from a sanctuary, the same may be used for meeting the
personal, bona fide needs of the people living in and around the sanctuary and must not be used for any
commercial purpose4.
1 As to grant of permit see [135.466].
Wild Life (Protection) Act 1972 s 29. See Navin M Raheja v Union of India Navin M Raheja v Union of India Navin M Raheja v
Union of India (2001) 3 Scale 532; see also Gujarat Navo day a Mandal v State of Gujarat Gujarat Navo day a Mandal v State
of Gujarat Gujarat Navo day a Mandal v State of Gujarat (1998) 2 GLH 359 (the Wild Life (Protection) Act 1972 s 29 does not
say that for granting permission to destroy or damage the habitat or to deprive a wild animal of its habitat, the Chief Wild Life
Warden is required to obtain a permission from the state government; the state governments permission is only required when
there is destruction or exploitation or removal of wild life); see contra Animal and Environment Legal Defence Fund v Union of
India Animal and Environment Legal Defence Fund v Union of India Animal and Environment Legal Defence Fund v Union of
India AIR 1997 SC 1071 (where the Supreme Court upheld the grant of 305 fishing permits inside the Pench National Park).
For the purposes of the Wild Life (Protection) Act 1972 s 29, grazing or movement of livestock permitted under the Wild Life
(Protection) Act 1972 s 33, must not be deemed to be an act prohibited: Wild Life (Protection) Act 1972 s 29 explanation.
4 Wild Life (Protection) Act 1972 s 29 proviso.

Sanctuaries/(G) Specific Prohibitions/[135.468] Prohibition on causing fire
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[135.468] Prohibition on causing fire No person must:
(1) set fire to a sanctuary; or

(2) kindle any fire; or
(3) leave any fire burning in a sanctuary,
in such manner as to endanger such sanctuary1.

Sanctuaries/(G) Specific Prohibitions/[135.469] Prohibition on entry with weapon
[135.469] Prohibition on entry with weapon A person must not enter a sanctuary with any weapon, except
with the previous permission in writing of the Chief Wild Life Warden or the authorised officer1.

Sanctuaries/(G) Specific Prohibitions/[135.470] Prohibition on use of injurious substances
[135.470] Prohibition on use of injurious substances A person must not use chemicals, explosives or any
other substances in a sanctuary, that may cause injury to or endanger any wild life in such sanctuary1.

PROTECTION OF WILD LIFE/D. PROTECTED AREAS (I) POWER OF CENTRAL GOVERNMENT/(iii)
National Parks/[135.471] Declaration of national parks
[135.471] Declaration of national parks Whenever it appears to the state government that an area,
whether within a sanctuary or not, needs to be constituted as a national park, by reason of its ecological,
faunal, floral, geomorphological or zoological association or importance, for the purpose of protecting,
propagating or developing the wild life in it or its environment, it may, by notification, declare its intention to
constitute such area as a national park1.
However, where any part of the territorial waters is proposed to be included in such national park, the
provisions relating to the declaration of a sanctuary in special cases2 must, as far as may be, apply in
relation to the declaration of a national park as they apply in relation to the declaration of a sanctuary3. The
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notification that declares national parks4, must define the limits of the area which is intended to be declared
as a national park5.
Where any area is intended to be declared as a national park, certain provisions6 must, as far as may be,
apply to the investigation and determination of claims and extinguishment of rights, in relation to any land in
such area as they apply to the said matters in relation to any land in a sanctuary7.
1 Wild life (Protection) Act 1972 s 35(1).
In the case of an area, whether a sanctuary or not, where the rights have been extinguished and the land has become vested in
the state government under an Act or otherwise, the area may be notified by it, by a notification as a national park: Wild Life
(Protection) Act 1972 s 35 explanation.
2 See [135.448]
3 Wild Life (Protection) Act 1972 s 35(1) proviso.
4 Ie national parks mentioned under the Wild Life (Protection) Act 1972 s 35(1).
6 Ie the Wild Life (Protection) Act 1972 ss 19-26A (both inclusive except clause (c) of sub-section (2) of section 24).

National Parks/[135.472] Notification regarding limits
[135.472] Notification regarding limits The state government must publish a notification specifying the
limits of the area which are to be comprised within the national park and declare that the said area must be a
national park, on and from such date as may be specified in the notification, when the following events have
occurred, namely:
(1) the period for preferring claims has elapsed and all claims, if any, made in relation to any land
in an area intended to be declared as a national park, have been disposed of by the state
government1; and
(2) all rights in respect of lands proposed to be included in the national park have become vested
in the state government2.
The boundaries of a national park must not be altered, except on the recommendation of the National Board
for Wild Life3.

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National Parks/[135.473] Prohibition regarding national parks
[135.473] Prohibition regarding national parks A person must not:
(1) destroy, exploit or remove any wild life including forest produce from a national park; or
(2) destroy, damage or divert the habitat of any wild animal by any act; or
(3) divert, stop or enhance the flow of water into or outside the national park;
except under and in accordance with a permit granted by the Chief Wild Life Warden. Such permit must not
be granted unless, the state government in consultation with the National Board for Wild Life authorises the
issue of such permit, upon being satisfied that such removal of wild life from the national park or change in
the flow of water into or outside the national park is necessary for the improvement and better management
of the wild life in it1. However, where the forest-produce2 is removed from a national park, the same may be
used for meeting the personal, bona fide needs of the people living in and around the national park and must
not be used for any commercial purpose3.
Grazing of any livestock must not be permitted in a national park and no livestock must be allowed to enter in
it, except where such livestock is used as a vehicle by a person authorised to enter such national park4.

National Parks/[135.474] Application of similar provisions
[135.474] Application of similar provisions Law relating to the following aspects must apply in relation to a
national park in the same fashion as it applies to sanctuaries1, namely:
(1) law relating to restriction on entry into a sanctuary2;

(2) law relating to grant of permit to enter or reside in a sanctuary3;
(3) law relating to prohibition on causing fire in a sanctuary4;
(4) law relating to prohibition on entering into a sanctuary with a weapon5;
(5) law relating to ban on use of injurious substances in sanctuaries6;
(6) law relating to control of santuaries7;
(7) law relating to the immunisation of livestock8; and
(8) law relating to registration of persons, living in the vicinity of a sanctuary and in possession of
arms9.
2 See [135.454]
3 See [135.466]
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4 See [135.468]
5 See [135.469]
6 See [135.470].
7 Ie Wild Life (Protection) Act 1972 s 33(a), (b) and (c) (see [135.464] note 1-4).
8 See [135.464]
9 See [135.469].

PROTECTION OF WILD LIFE/D. PROTECTED AREAS (I) POWER OF CENTRAL GOVERNMENT/(iv)
Conservation and Community Reserves/[135.475] Declaration and management of Conservation Reserves
[135.475] Declaration and management of Conservation Reserves The state government may declare
any area owned by the government, after having consultations with the local communities. This is true
particularly for the areas adjacent to national parks and sanctuaries and those areas which link one protected
area with another as a Conservation Reserve for protecting landscapes, seascapes, flora, fauna and their
habitat1. The state government must appoint a Conservation Reserve Management Committee2 to advise
the Chief Wild Life Warden to conserve, manage and maintain the Conservation Reserve3.
1 Wild life (Protection) Act 1972 s 36A(1)
2 Wild life (Protection) Act 1972 s 36B (2). The Committee comprises:
(1) a representative of the Forest or Wild Life department as its Member Secretary;
(2) a representative of each village panchayat in whose jurisdiction the reserve is located;
(3) three representatives of non-governmental organizations working on wild life conservation;
(4) a representative each from the departments of Agriculture and Animal Husbandry.
3 Wild life (Protection) Act 1972 s 36B (1). As to Chief Wild life Warden see [135.464].

Conservation and Community Reserves/[135.476] Declaration and management of Community Reserve
[135.476] Declaration and management of Community Reserve The state government may declare any
private or community land as a community reserve where the community or an individual has volunteered to
conserve wild life and its habitat, for protecting flora, fauna and traditional or cultural conservation values and
practices1.
The state government must appoint a Community Reserve Management Committee2 to conserve, manage
and maintain the community reserve3. The committee must be the competent authority to prepare and
implement the management plan for the community reserve and to take steps to ensure the protection of wild
life and its habitat in the reserve4. After the issue of notification,5 no change in the land-use pattern must be
made within the community reserve, except with a resolution passed by the Community Reserve
Management Committee and approval of the same by the state government6.
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2 Wild Life (Protection) Act 1972 s 36D(2). The Management Committee comprises:
(1) five representatives nominated by the village panchayat (where there is no village panchayat, the nomination
will be made by the gram sabha);
(2) one representative of the Forests or Wild Life department.
5 Ie the notification under s 36C(1).

Conservation and Community Reserves/[135.477] Application of similar provisions
[135.477] Application of similar provisions Law relating to the following aspects must apply in relation to
conservation reserves and to community reserves in the same fashion as it applies to sanctuaries1, namely:
(1) law relating to the notification of a sanctuary2;

(2) law relating to responsibilities regarding a sanctuary3;
(3) law relating to the prohibition on causing fire in a sanctuary4;
(4) law relating to the prohibition on use of injurious substances in a sanctuary5;
(5) law relating to measures to protect and improve the sanctuary6.
2 Wild Life (Protection) Act 1972 s 18(2). As to sanctuaries see [135.448].
3 Wild Life (Protection) Act 1972 ss 27(2), (3), (4) (see [135.455]).
4 Wild Life (Protection) Act 1972 s 30 (see [135.454]).
5 Wild Life (Protection) Act 1972 s 32 (see [135.454]).
6 Wild Life (Protection) Act 1972 ss 33(b), (c). As to protection to sanctuaries see [135.450].

PROTECTION OF WILD LIFE/E. REGULATION OF ZOOS/[135.478] Regulation of zoos
[135.478] Regulation of zoos The Wild Life (Protection) Act 19721 provided for the enforcement of
mandatory standards and norms for the management of zoos through the Central Zoo Authority2.
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1 Ie the The Wild Life (Protection) Act 1972 as amended by the The Wild Life (Protection) Amendment Act 1991.
2 As to law relating to zoos see ANIMALS [15.063]-[15.071].

PROTECTION OF WILD LIFE/E. REGULATION OF ZOOS/[135.479] National Zoo Policy
[135.479] National Zoo Policy The Government of India notified the National Zoo Policy1 in 1998. The
Policy is aimed at achieving the objectives of the Wild Life (Protection) Act 19722, by:
(1) giving a proper direction and thrust to the management of zoos;

(2) mustering co-operation and the participation of various government agencies,
non-governmental organisations and people at large3.
The National Zoo Policy lays down a strategy for achieving its objective of complementing and strengthening
the national efforts in conservation of the rich biodiversity of the country, especially the wild fauna4. The
strategy includes ensuring the maintenance of high standards of food, shelter and health care for the animals
in the zoos as well as specific programmes for breeding, education and outreach, research and training and
other extension activities5.
1 Ministry of Environment and Forests, Government of India SO 936(E) (October 28 1998). See generally [15]ANIMALS.
2 Ie the The Wild Life (Protection) Act 1972 as amended by the The Wild Life (Protection) Amendment Act 1991.
3 Ministry of Environment and Forests, Government of India SO 936(E) (October 28 1998). See Navin M Raheja v Union of
India Navin M Raheja v Union of India Navin M Raheja v Union of India (2001) 3 Scale 532 (where Supreme Court discussed
recommendations of the meeting of state secretaries to suggest measures for better management of zoos aimed at protecting
animals and assuring quality of life for animals in captivity).
4 the National Zoo Policy 1998 para 2.
5 the National Zoo Policy 1998 para 3.

PROTECTION OF WILD LIFE/F. TRADE AND COMMERCE IN ANIMALS AND ANIMAL
PRODUCTS/[135.480] Prohibition of trade in wild animals and animal products
[135.480] Prohibition of trade in wild animals and animal products The Wild Life (Protection) Act 19721
prohibited trade in wild animals2, animal articles3, trophies4 and uncured trophies5 was introduced6 and
every person engaged in such trade was required to declare his stock to the Chief Wild Life Warden7.
Subsequent to this, no animals, animal articles, trophies or uncured trophies may be kept in any commercial
premises nor may any person keep such animals or products under his control, sell, offer for sale or transfer
such animal or product8.
1 Ie the Wild Life (Protection) Act 1972 (as amended by the The Wild Life (Protection) Amendment Act 1986). The 1986
Amendment to the Wild Life (Protection) Act 1972 was challenged by dealers in animal skins as arbitrary and unconstitutional,
but the Delhi High Court upheld the constitutionality of the amendment. As to trade or commerce in wild animals, animal articles
and trophies see ANIMALS [15.010] and following (G R Simon v Union of India (G R Simon v Union of India (G R Simon v
Union of India AIR 1997 Del 301 [LNIND 1997 DEL 289] [LNIND 1997 DEL 289] [LNIND 1997 DEL 289]).
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2 As to the meaning of an 'animal' see [135.435].
3 As to the meaning of 'animal articles' see [135.435].
4 As to the meaning of 'trophy' see [135.435].
5 As to the meaning of an 'uncured trophy' see [135.435].
6 As to law relating to prohibition on trade or commerce in wild animals and animal products see ANIMALS [15.093]-[15.094].
7 As to Chief Wild Life Warden see [135.464].
8 G R Simon v Union of India G R Simon v Union of India G R Simon v Union of India AIR 1997 Del 301 [LNIND 1997 DEL
289] [LNIND 1997 DEL 289] [LNIND 1997 DEL 289].

PROTECTION OF WILD LIFE/F. TRADE AND COMMERCE IN ANIMALS AND ANIMAL
PRODUCTS/[135.481] Special committees to tackle illegal trade in wild life
[135.481] Special committees to tackle illegal trade in wild life Courts around India have constituted
committees to suggest methods by which the prohibition of trade in wild life could be enforced1. Responding
to a petition on illegal trade in wild birds, the Bombay High Court constituted an expert committee to suggest
ways for ensuring compliance with the provisions of the Wild Life Act 1972 and directed the police to take
immediate steps to prevent illicit trade in birds and animals. The committee was requested to submit monthly
reports to the court regarding compliance by the authorities2. In a petition against the Central and state
governments, the Delhi High Court directed the state to provide adequate staff and to equip the forest guards
with modern weapons. The court also constituted a committee to make recommendations for the
preservation and protection of wild animals in sanctuaries and national parks with particular reference to the
tiger3.
1 See Viniyog Parivar Trust v Union of India Viniyog Parivar Trust v Union of India Viniyog Parivar Trust v Union of India AIR
1998 Bom 71 [LNIND 1997 BOM 1142] [LNIND 1997 BOM 1142] [LNIND 1997 BOM 1142]; Navin M Raheja v Union of India
Navin M Raheja v Union of India Navin M Raheja v Union of India (1999) 4 Scale 333; World Wide Fund for Nature v Union of
India World Wide Fund for Nature v Union of India World Wide Fund for Nature v Union of India (1994) 54 Del LT 286.
2 Viniyog Parivar Trust v Union of India Viniyog Parivar Trust v Union of India Viniyog Parivar Trust v Union of India AIR 1998
Bom 71 [LNIND 1997 BOM 1142] [LNIND 1997 BOM 1142] [LNIND 1997 BOM 1142]. As to prohibition on trade or commerce in
wild animals, animal articles and trophies see ANIMALS [15.093]-[15.094]
3 World Wide Fund for Nature v Union of India World Wide Fund for Nature v Union of India World Wide Fund for Nature v
Union of India (1994) 54 Del LT 286. See also Navin M Raheja v Union of India Navin M Raheja v Union of India Navin M
Raheja v Union of India (1999) 4 Scale 333.

PROTECTION OF WILD LIFE/G. OFFENCES AND PENALTIES/(i) Powers Directed at Prevention of
Offences/[135.482] Power to inspect, seize and search
[135.482] Power to inspect, seize and search The Director, any other officer authorised by him in this
behalf, the Chief Wild Life Warden1, an authorised officer or any forest or police officer2, not below the rank
of a sub-inspector, may, if he has reasonable grounds for believing that any person has committed an
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offence against the Wild Life (Protection) Act 1972:
(1) require any such person to produce for inspection:

(a) any captive animal3, wild animal, animal article4, meat, trophy5, uncured trophy6,
specified plant, parts or derivative of it, that is in his control, custody or possession; or
(b) any licence, permit7 or other document granted to him or required to be kept by him
under the provisions of the Act8;
(2) stop any vehicle or vessel in order to conduct search or inquiry or enter upon and search any
premises, land, vehicle or vessel, in the occupation of such person and open and search any
baggage or other things in his possession9;
(3) seize any captive animal, wild animal, animal article, meat, trophy or uncured trophy or any
specified plant, parts or derivative of it, in respect of which an offence appears to have been
committed, in the possession of any person together with any trap, tool, vehicle, vessel or
weapon used for committing any such offence. Unless, any of the abovementioned officers10 is
satisfied that such person will appear and answer any charge which may be preferred against
him, he may arrest him without warrant and detain him11.
However, where a fisherman residing within ten kilometres of a sanctuary or national park, inadvertently
enters on a boat, not used for commercial fishing, in the territorial water in that sanctuary or national park, a
fishing tackle or net on such boat must not be seized12.
3 As to the meaning of 'animal' see [135.435].
6 As to the meaning of 'uncured trophy' see [135.435].
10 Ie the officers mentioned under the Wild Life (Protection) Act 1972 s 50(1).

Offences/[135.483] Power to stop and detain
[135.483] Power to stop and detain It is lawful for the Chief Wild Life Warden1, an authorised officer or any
forest or police officer2, not below the rank of a sub-inspector, to stop and detain any person, whom he sees
doing any act for which a licence or permit is required3. The detention is for the purposes of requiring him to
produce the licence or permit and if such person fails to produce it, as the case may be, he may be arrested
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without warrant, unless he furnishes his name and address and otherwise satisfies the officer arresting him
that he will duly answer any summons or other proceedings which may be taken against him4.

Offences/[135.484] Specific conditions for bail for repeat offenders
[135.484] Specific conditions for bail for repeat offenders Any person, having previously been convicted
of an offence under the Wild Life (Protection) Act must not be released on bail if the person is arrested in
connection with the following:
(1) for committing any offence relating to Schedule 1 or Part II of Schedule 2 for offences relating
to hunting inside the boundaries of a National Park or a sanctuary; or
(2) for altering the boundaries of such parks and sanctuaries. However, if the Public Prosecutor
has been given an opportunity of opposing the release on bail and the court is satisfied that
there are reasonable grounds for believing that he is not guilty of such offence and that he is
not likely to commit any offence while on bail, he may be released1.
1 Wild Life (Protection) Act 1972 s 51 A.

Offences/[135.485] Procedure post seizure
[135.485] Procedure post seizure. Any officer of a rank not inferior to that of an Assistant Director of the
Wild Life Preservation or Wild Life Warden1, who or whose subordinate, has seized any captive animal or
wild animal2, may give the same for custody on the execution of a bond by any person. The bond is given for
the production of such animal if and when so required, before the magistrate having jurisdiction to try the
offence on account of which the seizure has been made3. Any person detained or things seized in the
exercise of the concerned power must be taken, to be dealt with, before a magistrate according to law under
intimation to the Chief Wild Life Warden4. Any person who, without reasonable cause, fails to produce
anything, which he is required to produce, must be guilty of an offence against the Act5.
2 Ie seized under the Wild Life (Protection) Act 1972 s 50(l)(c). As to the meaning of an 'animal' see [135.435].
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3 Wild Life (Protection) Act 1972 s 50(3A).

Offences/[135.486] Sale of seized items
[135.486] Sale of seized items Where any meat, uncured trophy1, specified plant, parts or derivative of it is
seized2, the Assistant Director of Wild Life Preservation, any other officer of a gazetted rank authorised by
him in this behalf, the Chief Wild Life Warden3 or the authorised officer, may arrange for the sale of the same
and deal with the proceeds of such sale in such manner as may be prescribed4.
2 See [135.000]

Offences/[135.487] Duty to render assistance in prevention and detection of offences
[135.487] Duty to render assistance in prevention and detection of offences Whenever any person is
approached by the Chief Wild Life Warden1, an authorised officer or any forest or police officer2, not below
the rank of a sub-inspector for:
(1) assistance in the prevention or detection of an offence against the Act; or

(2) in apprehending persons charged with the violation of this Act; or
(3) for seizure3,
it must be the duty of such person or persons to render such assistance4.
3 See [135.482]

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Offences/[135.488] Reward to person who assists in the detection or apprehension of offences
[135.488] Reward to person who assists in the detection or apprehension of offences Where a court
imposes a sentence of fine, the court may or where the case is compounded1, the officer compounding the
offence may, order the payment of a reward to a person who renders assistance in the detection of the
offence or apprehension of the offenders out of such fine amount or composition amount, not exceeding 50
per cent of such amount2.The state government may empower the Chief Wild Life Warden to order payment
of reward not exceeding Rs 10,000 to such person who renders assistance in the detection of an offence or
apprehension of offenders from such fund as may be prescribed3.
1 See the Wild Life (Protection) Act 1972 s 54.
3 Wild Life (Protection) Act 1972 s 60B. As to Chief Wild Life Warden see [135.464].

PROTECTION OF WILD LIFE/G. OFFENCES AND PENALTIES/(ii) Offences/[135.489] Attempts and
abetment
[135.489] Attempts and abetment Whoever attempts to contravene or abets the contravention of any of the
provisions of the Wild Life (Protection) Act 1972 or of any rule or order made under it, must be deemed to
have contravened that provision, rule or order, as the case may be1.

PROTECTION OF WILD LIFE/G. OFFENCES AND PENALTIES/(ii) Offences/[135.490] Power to investigate
offences
[135.490] Power to investigate offences Any officer, not below the rank of an Assistant Director of Wild
Life Preservation or Wild Life Warden1 must have the powers, for purposes of making investigation into any
offence against any provision of the Act:
(1) to issue a search warrant2;

(2) to enforce the attendance of witnesses3;
(3) to compel the discovery and production of documents and material objects4; and
(4) to receive and record evidence5.
Any evidence recorded6, must be admissible in any subsequent trial before a magistrate, provided that it has
been taken in the presence of the accused person7.

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6 Ie evidence recorded under the Wild Life (Protection) Act 1972 s 50(8)(d) (see generally [145] EVIDENCE).

PROTECTION OF WILD LIFE/G. OFFENCES AND PENALTIES/(ii) Offences/[135.491] Power to compound
offences
[135.491] Power to compound offences The Central Government may, by notification, empower the
Director of Wild Life Preservation or any other officer and the state government may, by notification,
empower the Chief Wild Life Warden1 or any officer of a rank not inferior to that of a Deputy Conservator of
Forests to accept2 a payment of a sum of money by way of composition of the offence which such person is
suspected to have committed3
On payment of such sum of money to such officer, the suspected person, if in custody, must be discharged
and no further proceedings in respect of the offence must be taken against such person4.
The officer compounding any offence may order the cancellation of any licence or permit granted to the
offender5 or if not empowered to do so, may approach an officer so empowered, for the cancellation of such
licence or permit6.
The sum of money accepted or agreed to be accepted must, in no case, exceed the sum of Rs 250007.
However, an offence, for which a minimum period of imprisonment has been prescribed must not be
compounded8.
2 Ie accept, from any person against whom a reasonable suspicion exists, that he has committed an offence under the Wild Life
5 As to grant of permits see [135.466].

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PROTECTION OF WILD LIFE/G. OFFENCES AND PENALTIES/(ii) Offences/[135.492] Offences by

companies
[135.492] Offences by companies Where an offence has been committed by a company under the Wild
Life (Protection) Act 19721, every person who, at the time the offence was committed, was in charge of and
was responsible to the company for the conduct of the business of the company as well as the company,
must be deemed to be guilty of the offence and must be liable to be proceeded against and punished
accordingly2.
However, a person may not be liable to any punishment, if he proves that the offence was committed without
his knowledge or that he exercised due diligence to prevent the commission of such offence3.
Where an offence has been committed by a company under the Act and it is proved that the offence has
been committed with the consent or connivance of or is attributable to any neglect on the part of any
director4, manager, secretary or other officer of the company, such director, manager, secretary or other
officer must also be deemed to be guilty of that offence and must be liable to be proceeded against and
punished accordingly5.
1 'Company' means anybody corporate and includes a firm or other association of individuals: Wild Life (Protection) Act 1972 s
58(2) explanation (a).
4 'Director', in relation to a firm, means a partner in the firm: Wild Life (Protection) Act 1972 s 58(2) explanation (b).

PROTECTION OF WILD LIFE/G. OFFENCES AND PENALTIES/(ii) Offences/[135.493] Presumption of an
offence
[135.493] Presumption of an offence Where, in any prosecution for an offence under the Wild Life
(Protection) Act 1972, it is established that a person is in possession, custody or control of any captive
animal1, animal article2, meat, trophy3, uncured trophy4, specified plant, parts or derivative of it, then, until
the contrary is proved5, it must be presumed that such person is in unlawful possession, custody or control of
such captive animal, animal article, meat, trophy, uncured trophy, specified plant, parts or derivative of it6.
5 The burden of proof must lie on the accused.

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PROTECTION OF WILD LIFE/G. OFFENCES AND PENALTIES/(ii) Offences/[135.494] Cognisance of
offences
[135.494] Cognisance of offences A court must not take cognisance of any offence committed under the
Wild Life (Protection) Act 1972, if the complaint has been made by any of the following persons:
(1) the Director of Wild Life Preservation or any other officer authorised in this behalf by the
Central Government1; or
(2) Member Secretary, Central Zoo Authority in matters relating to the violation of the law relating
to the authority and recognition of zoos2;
(3) the Chief Wild Life Warden3 or any other officer authorised in this behalf by the state
government4; or
(4) the officer in charge of the zoo in respect of violation of the law relating to the teasing of zoo
animals5;
(5) 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 Central Government or the state
government or the officer authorised as aforesaid6.
2 Wild Life (Protection) Act 1972 s 55(aa) (see ANIMALS [15.063]).
5 Wild Life (Protection) Act 1972 s 55(bb) (see ANIMALS [15.060] and following).

PROTECTION OF WILD LIFE/G. OFFENCES AND PENALTIES/(iii) Penalties/[135.495] Generally
[135.495] Generally Any person who contravenes any provision of the Wild Life (Protection) Act 19721 or
any rule or order made under the Act or who commits a breach of the conditions of any licence or permit
granted under the Act2, must be guilty of an offence against the Act and must, on conviction, be punishable
with imprisonment for a term which may extend to three years or with fine which may extend to Rs 25,000 or
with both3.
However, where the offence committed is in relation to any specified animal4, meat of any such animal5 or
animal article6, trophy7 or uncured trophy8 derived from such animal or where the offence relates to hunting
in or altering the boundaries of a sanctuary9 or a national park10, such offence must be punishable with
imprisonment for a term which must not be less than three years but may extend to seven years and also
with fine which must not be less than Rs 10,000n11.
Furthermore, in the case of a second or subsequent offence, the term of imprisonment may extend to seven
years and must not be less than three years and the amount of fine must not be less than Rs 25,00012.
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1 Ie any provision other than the ones contained under the Wild Life (Protection) Act 1972 Ch 5A and other than the Wild Life
(Protection) Act 1972 s 38J (see ANIMALS [15.060]).
4 Ie animals mentioned under the Wild Life (Protection) Act 1972Schs 1 and 2 (Pt 2) (see ANIMALS [15.009] and following).
9 As to alteration of boundaries of a sanctuary see [135.453].
10 As to alteration of boundaries of a national park see [135.472].
11 Wild Life (Protection) Act 1972 s 51(1) proviso 1.
12 Wild Life (Protection) Act 1972 s 51(1) proviso 2.

PROTECTION OF WILD LIFE/G. OFFENCES AND PENALTIES/(iii) Penalties/[135.496] Penalty for trading
in trophies, animal articles and teasing zoo animals
[135.496] Penalty for trading in trophies, animal articles and teasing zoo animals Any person who
contravenes any provisions relating to trading in trophies and the like1, must be punishable with
imprisonment for a term which must not be less than one year but which may extend to seven years and also
with fine which must not be less than Rs 10,0002.
Any person who teases any animal in a zoo3, must be punishable with imprisonment for a term which may
extend to six months or with fine which may extend to Rs 2,000 or with both4.
However, in case of a second or subsequent offence, the term of imprisonment may extend to one year or
with fine which may extend to Rs 5,0005.
1 As to trade and commerce in wild animals, animal articles and trophies see ANIMALS [15.010] and following.
2 Wild Life (Protection) Act 1972 s 51(1 A).
3 See ANIMALS [15.060] and following.
4 Wild Life (Protection) Act 1972 s 51(1B).
5 Wild Life (Protection) Act 1972 s 51(1B) proviso.

PROTECTION OF WILD LIFE/G. OFFENCES AND PENALTIES/(iii) Penalties/[135.497] Forfeiture and
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cancellation
[135.497] Forfeiture and cancellation When any person is convicted of an offence under the Wild Life
(Protection) Act 1972, the court trying the offence may order that:
(1) any captive animal1, wild animal, animal article2, trophy3, uncured trophy4, meat or ivory
imported into India; or
(2) an article made from such ivory; or
(3) any specified plant, parts or derivative of it, in respect of which the offence has been
committed; and
(4) any trap, tool, vehicle, vessel or weapon, used in the commission of the concerned offence;
be forfeited to the state government and that any licence or permit5, held by such person under the Act, be
cancelled6. Such cancellation of licence or permit or such forfeiture must be in addition to any other
punishment that may be awarded for such offence7.
Where any person is convicted of an offence under the Wild Life (Protection) Act 1972, the court may direct
that the licence, if any, granted to such person under the Arms Act 1959, for possession of any weapon with
which an offence against the Act has been committed, must be cancelled and that such person must not be
eligible for a licence under the Arms Act 1959, for a period of five years from the date of conviction8.
8 Wild Life (Protection) Act 1972 s 51(4). Nothing contained in the Code of Criminal Procedure 1973 s 360 or in the Probation of
Offenders Act 1958 must apply to a person convicted of an offence with respect to hunting in a sanctuary or a national park or
of an offence against any provision of the Wild Life (Protection) Act 1972 Ch 5A, unless such person is under 18 years of age:
Wild Life (Protection) Act 1972 s 51(5).

PROTECTION OF WILD LIFE/G. OFFENCES AND PENALTIES/(iii) Penalties/[135.498] Punishment for
wrongful seizure
[135.498] Punishment for wrongful seizure If any person, exercising powers under the Wild Life
(Protection) Act 1972, vexatiously and unnecessarily seizes the property of any other person, on the
pretence of seizing it for prevention and detection of offences, he must, on conviction, be punishable with
imprisonment for a term which may extend to six months or with fine which may extend to Rs 500 or with
both1.

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PROTECTION OF WILD LIFE/G. OFFENCES AND PENALTIES/(iii) Penalties/[135.499] Possibility of higher
punishment or penalty
[135.499] Possibility of higher punishment or penalty Nothing in the Wild Life (Protection) Act 1972 must
be deemed to prevent any person from being prosecuted under any other law for the time being in force, for
any act or omission which constitutes an offence under the Act or from being liable under such other law to
any higher punishment or penalty than that provided by the Wild Life (Protection) Act 19721 However, a
person must not be punished twice for the same offence2.

PROTECTION OF WILD LIFE/G. OFFENCES AND PENALTIES/(iv) Forfeiture of Property Derived from
Illegal Hunting and Trade/[135.500] Generally
[135.500] Generally The Wild Life (Protection) Act 1972 prohibits the holding of and provides for forfeiture of
property derived from illegal hunting and trade1.
1 Wild Life (Protection) Act 1972Chapter 6-A.

Illegal Hunting and Trade/[135.501] Prohibition of holding illegally acquired property
[135.501] Prohibition of holding illegally acquired property A person who has been convicted of an
offence punishable under the Wild Life (Protection) Act 1972 with imprisonment for a term of three years or
more1 or his associate2 or any holder3 of any property must not hold any illegally acquired property4 either
by himself or through any person on his behalf5. Such property must be forfeited to the concerned state
government6.
However, if such property has been acquired before a period of six years from the date on which such
person is charged for an offence relating to illegal hunting and trade of wild life and its products, the property
must not be forfeited7.
1 Wild Life (Protection) Act 1972 s 58A(a).
2 Wild Life (Protection) Act 1972 s 58A(b)ands 58B(b).
Associate' in relation to a person includes:
(1) any individual who had been or is managing the affairs or keeping the accounts of such person;
(2) any association of persons, body of individuals, partnership firm or private company within the meaning of the
313183
Page
Companies Act 1956 of which such person had been or is a member, partner or director (see generally
[40]BUSINESS ASSOCIATIONS (COMPANIES AND CORPORATIONS));
(3) any individual who had been or is a member, partner or director of the above association of persons at any
time when such person had also been or is a member, partner or director of such association (see generally
[35]BUSINESS ASSOCIATIONS (PARTNERSHIP);
(4) any person, who had been or is managing the affairs or keeping the accounts of any above association, firm
or company;
(5) the trustee of any trust, where the trust has been created by such person or where the value of the assets
contributed by such person is more than 20 per cent of the value of the assets of the trust (see generally [290]
TRUSTS AND CHARITIES);
(6) any person whom the competent authority considers is holding any properties of such person.
3 Ie any holder of property which was at any time previously held by a person referred to under the Wild Life (Protection) Act
1972 ss 58A (a) or (b), unless such holder or anyone who held such property after such person referred to and before the
present holder, is or was a transferee in good faith for adequate consideration: Wild Life (Protection) Act 1972 s 58A(c).
Wild Life (Protection) Act 1972 s 58B(g): Illegally acquired property in relation to a person means:
(1) any property acquired by such person, wholly or partly out of or by means of any income earnings or assets
derived or obtained from or attributable to illegal hunting and trade of wild life and its products and derivatives;
(2) any property acquired by such person, for a consideration or by any means, wholly or partly traceable to any
such property or the income or earning from such property and includes: (A) any property held by a person
which would have been, in relation to any previous holder, illegally acquired property, unless such person is or
was a transferee in good faith for adequate consideration and; (B) any property acquired by such person, for a
consideration, or by any means, wholly or partly traceable to any such property or the income or earnings from
it.
7 Wild Life (Protection) Act 1972 s 58C proviso.

Illegal Hunting and Trade/[135.502] Procedure for identification and seizure of illegally acquired property
[135.502] Procedure for identification and seizure of illegally acquired property Upon receipt of a
complaint from a competent authority1 about any person having illegally acquired property2, an officer not
below the rank of Deputy Inspector General of Police duly authorised by the Central or a state government
must take all the steps necessary3 for tracing and identifying such property4. Where such officer has reason
to believe that any property in relation to which such inquiry or investigation is being conducted is an illegally
acquired property and such property is likely to be concealed, transferred or dealt with in any manner which
may result in frustrating any proceeding relating to forfeiture of such property, he may make an order for
seizing such property5.
Where it is not practicable to seize such property, the officer may make an order that such property must not
be transferred6 without the prior permission of such officer or of the competent authority7. However, a copy
of such an order must be sent to the competent authority within 48 hours of its being made8 and must be
confirmed by the order of the competent authority within a period of 30 of its being made for it to have effect9.
1 Wild Life (Protection) Act 1972 s 58D: The state government may authorise any officer not below the rank of Chief
Conservator of Forests to perform the functions of the competent authority in respect of such persons or classes of persons as
the state government may direct.
314184
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2 Ie illegally acquired property as defined under Wild Life (Protection) Act 1972 s 58B(g).
3 These steps may include any inquiry, investigation or survey in respect of any person, place, property, assets, documents,
books of account in any bank or financial institution or any other relevant step as may be necessary: Wild Life (Protection) Act
1972 s 58E(2).
4 Wild Life (Protection) Act 1972 s 58E(1).
5 Wild Life (Protection) Act 1972 s 58F(1).
Wild Life (Protection) Act 1972 s 58F explanation: 'transfer of property' means any disposition, conveyance, assignment,
settlement, delivery, payment or other alienation of property and includes:
(1) the creation of a trust in property;

(2) the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in
property;
(3) the exercise of a power of appointment, of property vested in any person not the owner of the property to
determine its disposition in favour of any other person; and
(4) any transaction entered into by any person with intent thereby to diminish directly or indirectly the value of his
own property and to increase the value of the property of any other person.
8 Wild Life (Protection) Act 1972 s 58F(1) proviso.

Illegal Hunting and Trade/[135.503] Procedure for forfeiture of illegally acquired property
[135.503] Procedure for forfeiture of illegally acquired property When the competent authority believes1
that any or all properties held by any person2 are illegally acquired properties, it may serve a notice upon
such person or persons3 calling upon them to show cause within a period of 30 days as to why such
properties should not be declared illegally acquired and forfeited to the state government4.
The competent authority is vested with powers of a civil court5 and must provide a reasonable opportunity of
being heard to such person6 and consider the explanation provided7. If the competent authority records a
finding that the properties are illegally acquired, it must declare that such properties stand forfeited to the
state government, free from encumberances8 If however, the competent authority finds that the properties
are not illegally acquired, it must withdraw the notice and immediately release the property9.
1 Wild Life (Protection) Act 1972 s 58H(1). The competent authority could come to this conclusion on the basis of the value of
the properties held by a person to whom Chapter 6-A applies, his known sources of income, earnings or assets, and any other
information or material available to the competent authority as a result of a report from any officer making an investigation under
the Wild Life (Protection) Act 1972 s 58E or otherwise and the competent authority must record his reasons in writing.
2 Ie any person to whom Wild Life (Protection) Act 1972Chapter 6-A applies.
3 Wild Life (Protection) Act 1972 s 58H(2). Also see Wild Life (Protection) Act 1972 s 58L for illegally acquired properties held
by a trust.
4 Wild Life (Protection) Act 1972 s 58H (1). Also see Wild Life (Protection) Act 1972 s 58J. The burden of proving that the
properties specified in the notice are not illegally acquired rests on the person to whom the notice is addressed.
315185
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5 These include the powers to summon and enforce the attendance of any person and examine him on oath; to require the
discovery and production of documents; to receive evidence on affidavits; to requisition any public record or copy from any court
or office; to issue commissions for examination of witnesses or documents and for any other matter which may be prescribed:
Wild Life (Protection) Act 1972 s 58R.
6 Wild Life (Protection) Act 1972 s 58I(1) proviso: If such person does not appear before the competent authority or represent
his case within the notice period of 30 days, the competent authority can proceed with the case ex parte.
7 Wild Life (Protection) Act 1972 s 58I(1).
8 Wild Life (Protection) Act 1972 s 58I(3). However, see Wild Life (Protection) Act 1972 s 58K, where the source of only a part
of the illegally acquired property has not been proved to the satisfaction of the competent authority, it must give an option to the
person affected to pay, in lieu of forfeiture, a fine equal to the market value of such part.
9 Wild Life (Protection) Act 1972 s 58I(4).

Illegal Hunting and Trade/[135.504] Procedure for appeal against order of competent authority
[135.504] Procedure for appeal against order of competent authority The state government can
constitute an Appellate Tribunal for forfeited property1 to hear appeals against an order of the competent
authority2. Any person aggrieved by such order may file an appeal to the Appellate Tribunal within 45 days
from the date of receipt of the order3. No such appeals can lie before the civil court and no civil court or other
authority can grant any injunction with respect to any action carried out or proposed to be carried out4. The
Appellate Tribunal is vested with the powers of a civil court5 and must, after providing an opportunity to be
heard to such person and after making further enquiry, confirm, modify or set aside the order appealed
against6.
1 Wild Life (Protection) Act 1972 s 58N: The Appellate Tribunal must have a chairman who is or was or is qualified to be high
court judge and members who must be officers from the state government not below the rank of Principal Secretaries.
2 Ie orders under Wild Life (Protection) Act 1972 ss 58F, 58I, 58K(ii), 58L: Wild Life (Protection) Act 1972 s 58N(1).
3 WildLife (Protection) Act 1972 s 58O(1). See Proviso: a further period of 15 days is permitted on showing sufficient cause.
4 Wild Life (Protection) Act 1972 s 58Q.
5 These include the powers to summon and enforce the attendance of any person and examine him on oath; to require the
discovery and production of documents; to receive evidence on affidavits; to requisition any public record or copy from any court
or office; to issue commissions for examination of witnesses or documents and for any other matter which may be prescribed:
Wild Life (Protection) Act 1972 s 58R.
6 Wild Life (Protection) Act 1972 s 58O(2).

Illegal Hunting and Trade/[135.505] Procedure to receive, manage and take possession of illegally acquired
property
[135.505] Procedure to receive, manage and take possession of illegally acquired property The state
316186
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government may appoint officers not below the rank of Conservator of Forests to function as Administrators1
to receive and manage such property2 and dispose the property as directed by the state government3.
Where any property is declared as forfeited to the state government4 or where the person affected has failed
to pay the fine due5, the competent authority may order the person affected to surrender or deliver
possession of such property to the Administrator within 30 days of the service of the order6. If any person
refuses or fails to comply with such an order, the Administrator may take possession of the property and may
for that purpose use such force as may be necessary7, including requisitioning the services of any police
officer to assist him8
1 Wild Life (Protection) Act 1972 s 58G(1).
2 Ie property in relation to which an order has been made under Wild Life (Protection) Act 1972 ss 58F(1)or581 : Wild Life
(Protection) Act 1972 s 58G(2).
3 Ie by an order of the competent authority or the Appellate Tribunal as the case may be. See Wild Life (Protection) Act
1972Chapter 6-A .
4 Wild Life (Protection) Act 1972 s 58G(1).
5 Ie a fine payable under Wild Life (Protection) Act 1972 s 58K(1) within the time allowed for under Wild Life (Protection) Act
1972 s 58K(3).
6 Wild Life (Protection) Act 1972 s 58U(1).

Illegal Hunting and Trade/[135.506] Penalty for acquiring property in relation to which proceedings have been
initiated
[135.506] Penalty for acquiring property in relation to which proceedings have been initiated If any
person knowingly acquires any property in relation to which proceedings have been initiated under Wild Life
(Protection) Act 19721, he must be punishable with imprisonment for a term which may extend to five years
and with fine which may extend to Rs 50,0002.
1 Ie proceedings under the Wild Life (Protection) Act 1972 Ch 6-A.
2 Wild Life (Protection) Act 1972 s 58Y.

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Environment Misrepresentation and Fraud

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Halsbury's Laws Of India (Environment; Misrepresentation and Fraud)/Halsbury's Laws Of India

1 As to air and water pollution control see [135.021] and [135.076].

2 As to hazardous substance regulation see [135.216] and following.

3 As to protection of the coast see [135.237] and following.

4 As to protection of specified areas notified by the Central Government see [135.242].

5 As to forests and wild life protection see [135.334] and [135.432].

6 As to constitutional provisions relating to the environment see [135.005].

7 As to the common law of India in relation to pollution control see [135.011].

9 See generally [245] PUBLIC INTEREST LITIGATION.

Halsbury's Laws Of India (Environment; Misrepresentation and Fraud)/Halsbury's Laws Of India

the scope of environmental regulations to new fields6.

1 As to legislative competence in environmental matters see [135.003].

2 As to constitutional provisions on environment see [135.004]-[135.010].

3 As to right to clean environment see [135.011].

4 As to water pollution control see [135.076] and following.

5 As to borrowing powers of a pollution control board see [135.161].

6 See [135.188] and following.

7 See [135.256] and following.

8 See [135.308] and following.

9 See [135.334] and following.

10 See [135.432] and following.

Halsbury's Laws Of India (Environment; Misrepresentation and Fraud)/Halsbury's Laws Of India

2 See [135.021] and following.

3 See [135.188] and following.

4 Constitution of India art 252(1).

Halsbury's Laws Of India (Environment; Misrepresentation and Fraud)/Halsbury's Laws Of India

(1) the Antarctic Treaty 19591.

17 Protocol entered into force on 15 January 1998.

18 Constitution of India art 51(c). As to fundamental duties see further[80]CONSTITUTIONAL LAW.

Halsbury's Laws Of India (Environment; Misrepresentation and Fraud)/Halsbury's Laws Of India

1 Constitution of India art 48A. See [135.009].

3 Constitution of India art 51 A(g). See [135.008].

4 Constitution of India art 2. See [135.006].

Halsbury's Laws Of India (Environment; Misrepresentation and Fraud)/Halsbury's Laws Of India

(Environment; Misrepresentation and Fraud)/[135] ENVIRONMENT/2. CONSTITUTIONAL PROVISIONS

1 Constitution of India art 21.

7 See note 5 above.

8 See note 2 above.

10 See note 9 above.

Halsbury's Laws Of India (Environment; Misrepresentation and Fraud)/Halsbury's Laws Of India

1 Constitution of India art 19(1)(g).

Halsbury's Laws Of India (Environment; Misrepresentation and Fraud)/Halsbury's Laws Of India

Halsbury's Laws Of India (Environment; Misrepresentation and Fraud)/Halsbury's Laws Of India

5 Constitution of India art 37.

8 Constitution of India art 49.

Halsbury's Laws Of India (Environment; Misrepresentation and Fraud)/Halsbury's Laws Of India

3 As to the polluter pays principle see [135.185].

5 As to the precautionary principle see [135.184].

7 As to sustainable development see [135.183].

8 As to intergenerational equity see [135.187].

Halsbury's Laws Of India (Environment; Misrepresentation and Fraud)/Halsbury's Laws Of India

Halsbury's Laws Of India (Environment; Misrepresentation and Fraud)/Halsbury's Laws Of India

1 As to common law remedies see [135.012].

2 As to private nuisance see [135.014].

3 As to public nuisance see [135.015] and [135.016].

4 As to negligence see [135.017].

Halsbury's Laws Of India (Environment; Misrepresentation and Fraud)/Halsbury's Laws Of India

1 As to private nuisance actions see [135.014].

2 As to the meaning of public nuisance see [135.015] and [135.016].

5 See note 1 above.