“]”- DO UNTIL THERE ONLY.

EPA Links: http://shodhganga.inflibnet.ac.in/bitstream/10603/6565/9/09_chapter%204.pdf

http://www.rtu.ac.in/RTU/wp-content/uploads/2015/06/ppt_Env_pollution_act.pdf

ENVIRONMENT (PROTECTION) ACT, 1986

i) In the wake of the Bhopal Gas Tragedy, the GOI enacted the EPA.
ii) Though there is a host of legislation in India aimed at protecting the environment
from pollution and maintaining the ecological balance, the environment has not so far
been considered in its totality.
iii) The Environment (Protection) Act, 1986, enacted under Art. 253 of the Constitution
of India to implement the decisions made at the United Nations Conference on
Human Environment held at Stockholm, 1972 was expected to fill the lacuna and
supplement the existing legislations on environmental law matters.

Purpose:

i) to implement the decisions made at the United Nations Conference on Human

Environment held at Stockholm.
ii) To enact a general law on the areas of environmental protection which were left
uncovered by existing laws.
iii) An umbrella legislation enacted to provide for the Central Government coordination
over the central and State authorities established inter-alia under the previous
legislations.
iv) To provide a deterrent punishment to those who endanger human environment,
safety and health.
v) Vellore Citizens Welfare Forum v. Union of India -the main purpose of the E.P.
Act was to create an authority or authorities under sec. 3 (3) by the central govt for
performing functions of the central govt..
Nature and Scope:

i) The scope of the E.P. Act is much wider in comparison to Water Act and Air Act as
the latter deal with prevention and control of specific kinds of pollution but the E.P.
Act deals with prevention and control of all sorts of pollution. It is so stated for
- “Environment” is defined u/s 2(a) to include water, air, land, and the inter-
relationship which exists among and between them with human being and other
living creatures.
- “Environment pollutant” is defined u/s 2(b) as any solid, liquid or gaseous
substance present in such concentrations which may be injurious to the environment.
The presence of environment pollutant in the environment is defined as
“environment pollution” u/s 2(c).
ii) Besides prevention and control, the Act aims at protection and improvement of the
Environment also.
iii) Section 23: empowers central govt to delegate its powers and functions to any
officer, state govt or authority.
iv) Section 24: provisions of this Act or any rules made thereunder override any other
law.

Powers of Central Govt. (Similar to Boards u/ Water or Air Act)

1. Sec.3 empowers the Central govt to

i) take all such measures necessary for protecting and improving the quality of the
environment and preventing, controlling and abating environmental pollution.
ii) set new national standards for the quality of the environment and for controlling
emissions and effluent discharges; to regulate industrial locations; to prescribe
procedures for managing hazardous substances; to establish safeguards for preventing
accidents; and to collect and disseminate information regarding environmental
pollution.
iii) Constitute authorities to implement the Act.
2. U/s 5 the Central Government has authority to issue direct written orders, including orders
to close, prohibit, or regulate any industry, operation or process or to stop or regulate the
supply of electricity, water or any other service.
3. the power of entry for examination, testing of equipment, etc.
4. power to take samples of air, water, soil or any other substances from any place for analysis.

Violation u/ Act

Section 7: Prohibits emission and discharge of environmental pollutant in excess of such

standards as be prescribed:] No person carrying on any industry, operation or process shall
discharge or emit or permit to be discharged or emitted any environmental pollutants in excess of
such standards as may be prescribed.

Section 8: Complying with procedural safeguards while handling hazardous substances: No

person shall handle or cause to be handled any hazardous substance except in accordance with
such procedure and after complying with such safeguards as may be prescribed

K. Purushotham Reddy v. Union of India: SC directed the State Pollution Control Board to
take steps for cancellation of authorisation of person found to be not complying with
procedural safeguards

Penalities:

Section 15: Penalties for contravention of the provisions of the Act, Rules, orders and
directions: Whoever fails to comply with or contravenes any of the provisions of this Act, or the
rules made or orders or directions issued thereunder

i) shall be punishable with imprisonment for a term which may extend to five years
with fine which may extend to one lakh rupees, or with both, and
ii) in case the failure or contravention continues, with additional fine which may extend
to five thousand rupees for every day during which such failure or contravention
continues after the conviction for the first such failure or contravention.
iii) If the failure or contravention referred to in sub-section (1) continues beyond a
period of one year after the date of conviction, the offender shall be punishable
with imprisonment for a term which may extend to seven years.
Section 16: Provides for offences by companies.

Sec. 16(1) – persons directly in charge of and responsible to the company and the company
shall be deemed to be guilty.

Sec. 16(2) – attributes liability to other officers like director, manager, secretary, other officer
responsible for commission of offences.

Suit Provisions:

Until the enactment of the Environment Act, the power to prosecute under Indian environmental
laws belonged exclusively to the government.

Section 19: Cognizance of offence: No court shall take cognizance of any offence under this Act
except on a complaint made by—

(a) the Central Government or any authority or officer authorised in this behalf by that
Government, or

(b) any person who has given notice of not less than sixty days, in the manner prescribed, of the
alleged offence and of his intention to make a complaint, to the Central Government or the
authority or officer authorised as aforesaid.

Section 23: Power to delegate: the Central Government may, by notification in the Official
Gazette, delegate such of its powers and functions under this Act as it may deem necessary or
expedient, to any officer, State Government or other authority.

Section 24: Effect of other laws: Subject to the provisions of sub-section (2), the provisions of
this Act and the rules or orders made therein shall have effect notwithstanding anything
inconsistent therewith contained in any enactment other than this Act.

(2) Where any act or omission constitutes an offence punishable under this Act and also under
any other Act then the offender found guilty of such offence shall be liable to be punished under
the other Act and not under this Act.

EIA- refer notes. Section 3

http://shodhganga.inflibnet.ac.in/bitstream/10603/8107/11/11_chapter%206.pdf

WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974

i) It depicted India’s first attempt to deal comprehensively with an environmental

issue.
ii) ‘Water’ being a ‘state subject’, the Parliament can exercise the power to legislate on
“water” only under Article 252 of the Constitution of India which empowers the
central govt to legislate in a field reserved for states where two or more state
legislatures consent to law. In pursuance of Art.252 (1) of the Constitution,
resolutions were passed by State Legislatures and accordingly, the Parliament
enacted the Water (Prevention and Control of Pollution) Act, 1974.

Aim and Objectives:

i) To provide for the prevention and control of water pollution and the maintaining or
restoring of wholesomeness of water.
ii) To establish Central and State Boards for the prevention and control of water
pollution.
iii) To provide for conferring on and assigning to such Boards powers and functions
relating thereto and for matters connected therewith.
iv) To provide penalties for the contravention of the provisions of the Water Act.
v) To establish Central and State water-testing laboratories to enable the Board to
assess the extent of pollution, lay down standards and establish guilt or default.
vi) A.P. Pollution Control Board (II) v. M.V.Nayudu: The fundamental objective of
the Water Act is to provide clean drinking water to the citizens.

Nature and Scope:

The scope of water act is limited specifically to water and the term pollution in the act has also
been defined u/s 2(e) solely in relation to water pollution:

i. any contamination of water or

 ii. alteration of physical, chemical, biological properties or
iii. such discharge or any sewage or trade effluent or of any other liquid, gaseous or solid
substance into water (whether directly or indirectly)
iv. as may create a nuisance or
v. 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 or plants or of aquatic organisms.

Boards of Water Pollution:

Central Board-

Section 3- the Central Board is constituted by the Central Government and is called Central
Pollution Control Board consisting of:

i) A full time chairman, being a person having special knowledge or practical

experience in administering institutions in respect of matters relating to
environmental protection. He shall be nominated by the Central Government;
ii) Max 5 Officials nominated by the Central Government to represent that Govt.
iii) Members amongst members of the State Boards: max 5
iv) Such number of non-officials to represent interests: Max 3,
v) persons to represent the companies owned by the Central Government: 2;
vi) A full-time member-secretary, possessing qualifications, knowledge and experience
of scientific, engineering or management aspects of pollution control to be
appointed by the Central Government.

It shall be a body corporate having perpetual succession, common seal, power to acquire and
hold property, be or be sued.

State Board-

Section 4- empowers the State Governments to constitute a ‘State Pollution Control Board’ in
their respective States by notification in the Official Gazette consisting of:
 i) A full time chairman, being a person having special knowledge or practical
experience and experience in administering institutions in respect of matters relating
to environmental protection. May be a member of the State govt.
ii) Officials to represent that Government: Max 5
iii) Persons from amongst the members of the local authorities functioning within the
State: Max 5,
iv) Such number of non-officials to represent interests: Max 3,
v) persons to represent the companies owned by the State Government: 2;
vi) A full-time member-secretary, possessing qualifications, knowledge and experience
of scientific, engineering or management aspects of pollution control to be appointed
by the State Government.

It shall be a body corporate having perpetual succession, common seal, power to acquire and
hold property, be or be sued.

Joint Boards:

Section 13: Joint Boards: Joint Boards for a specified period, which can be further renewed,
can be constituted by an agreement. The agreement may be entered into:

i) two or more Governments of close/ immediate States, or

ii) by the Central Government (in respect of one or more Union Territories) and one
or more Governments of States adjoining to such Union Territories.

Section 14: Composition of Joint Boards:

i) A full time chairman, being a person having special knowledge or practical

experience in administering institutions in respect of matters relating to
environmental protection. Appointed by central govt.
ii) Officials from each of the participating States to be nominated by the concerned
participating State Governments to represent that Government: 2 each
iii) person to be nominated by each of the participating State Governments from amongst
the members of the local authorities functioning within the State concerned: 1 each
iv) non-official to be nominated by each of the participating State Governments to
represent the interests: 1 each
 v) persons to represent the companies owned by the participating State Government:
2;
vi) A full-time member-secretary, possessing qualifications, knowledge and experience
of scientific, engineering or management aspects of pollution control to be appointed
by the Central Government.

Powers and Functions of the Boards:

Central Board: Section 16

i) Main function to promote cleanliness of streams and wells in different areas of the
States
ii) advise the Central Government on any matter concerning the prevention and control
of water pollution;
iii) coordinate the activities of State Boards and resolve disputes among them;
iv) provide technical assistance and guidance to the State Boards, carry out and sponsor
investigations and research relating to problems of water pollution and prevention,
control or abatement of water pollution;
v) organize through mass media a comprehensive programme regarding the prevention
and control of water pollution;
vi) to perform the functions of the State Board where the State Board has defaulted in
complying with the directions of the Central Board resulting into grave emergency
and where it is required to do so in the public interest;
vii) collect, compile and publish technical and statistical data relating to water pollution
viii) lay down, modify or annual, in consultation with the State Government concerned,
the standards for a stream or well.
ix) plan and cause to be executed a nation wide programme for the prevention, control
or abatement of water pollution;
x) Establish or recognize a laboratory or laboratories to enable the Board to perform its
functions efficiently including the analysis of samples of water from any stream or
well or of sample of any sewage or trade effluents.

State Board: Section 17

 i) To plan a comprehensive programme for the prevention, control or abatement of
water pollution.
ii) To advise the State Government on matters concerning the prevention,control and
abatement of water pollution.
iii) To collect and spread information relating to prevention, control and abatement of
water pollution.
iv) To collaborate with the Central Board in organizing training programmes relating to
the prevention, control or abatement of water pollution and to organize mass
education programme relating thereto.
v) To inspect, lay down standards, evolve methods for treatment, utilization, disposal
of sewage or trade effluents,
vi) To advise the State Government with respect to the location of any industry which
is likely to pollute a stream or well.
vii) To perform such other functions as may be prescribed by the Central or State
Government.
viii) To establish or recognize laboratories for analysis of water samples of any sewage
or trade effluents.

Pollution:

Section 24: Prohibition on Use of Stream or Well for Disposal of Polluting Matter etc: no
person shall knowingly cause or permit

i) any poisonous, noxious, or polluting matter to enter into any stream or well or
sewer or on land; or
ii) to enter into any stream, any other matter may tend to impede the proper flow of
water of the stream and which may aggravate for pollution substantially.

This section also empowers the State Government, either after consultation with, or on the
recommendations of the State Board to exempt any person from the liability as mentioned in
sub-section (1) subject to such conditions, if any, as may be specified may be altered, varied or
amended.
Section 25: Restrictions on New Outlets and New Discharges: no person shall without the
previous consent of the State Board:

i) establish or take any steps to establish 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 sewer or on land; or
ii) Bring into use a new or altered outlet for the discharge of sewage; or
iii) begin to make any new discharge of sewage.

Section 25(7): The Board must decide the application for the consent within a period of four
months otherwise the consent shall be deemed to have been given.

In M.C. Mehta v. Union of India (Ganga Tanneries Case): the Supreme Court held that the
financial capacity of tanneries should be considered as irrelevant while requiring them to
establish primary treatment plants. Just like an industry, which cannot pay minimum wages to its
workers, cannot be allowed to exist, a tannery, which cannot set up a primary treatment plant,
cannot be permitted to continue to be in existence.

Section 26: Provisions regarding existing discharge of sewage or trade effluent: where
immediately before the commencement of this Act any person was discharging any sewage or
trade effluent into a stream, well or sewer or on land, the provisions of Section 25 shall apply] in
relation to such person as they apply in relation to the persons referred to in that subject to the
modification that the application for consent to be made under sub-section (2) of the section,
shall be made on or before such date as may be specified by the State Government by
notification in this behalf in the official Gazette.

Section 33A- Power to give directions: a Board may issue any directions to any person, officer
or authority, and such person, officer or authority shall be bound to comply with such directions.
The power to give direction includes:-

i) the closure, prohibition or regulation of any industry, operation or process; or

ii) the stoppage or regulation of supply of electricity, water or any other service.

M.C. Mehta v. Union of India, popularly known as Calcutta Tanneries Case, the Calcutta
Tanneries were operating in violation of the provisions of Water Act as well as Environment
(Protection) Act, 1986. The Board directed for unconditional closure of tanneries, relocation, and
payment of compensation by them for reversing the damage and also for rights and benefits to be
made available to their workmen. The Supreme Court upheld the directions issued by the Board.

Penalties:

Section 42: Whoever does certain acts against the board (refer to Air Act for details) as
prescribed shall be punishable with imprisonment for a term which may extend to three months
or with fine which may extend to ten thousand rupees or with both.

Section 43: whoever contravenes Section 24 of the Act i.e. pollutes water bodies shall be
punishable with imprisonment for a term which shall not be less than one year and six months-
six years and with fine.

Cognizance:

Section 49: Cognizance of offence: the Court shall take cognizance of any offence, only if the
complaint is made by:

i) A Board or any officer authorized in this behalf by Act; or

ii) Any person who has given the notice of not less than 60 days of the alleged offence
and of his intention to make complaint to the Board or the authorized officer. (Citizen
suits)

http://www.lawyersclubindia.com/articles/Powers-Functions-of-Air-Pollution-Control-
Board-under-Air-Act-1981-5174.asp

AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

This act was enacted by invoking the central govt power u/a 253 to make domestic acts
implementing international conferences i.e. the decisions made at the UN Conference on Human
Environment at Stockholm, 1972.

Aims and Objectives:

i) to implement the decisions made at the United Nations Conference on Human

Environment held at Stockholm.
 ii) To prevent and control air pollution.
iii) To establish Central and State Boards for the prevention and control of air pollution.
iv) To provide for conferring on and assigning to such Boards powers and functions
relating thereto and for matters connected therewith.
v) To provide penalties for the contravention of the provisions of the Water Act.

Nature and Scope:

The Act has a limited scope in relation to environment for it only deals specifically with Air
pollution. “Air pollutants” u/s 2(a) are defined as: any solid, liquid or gaseous substance
including noise present in the atmosphere in such concentration as may be injurious to human
beings or other living creatures or plants to property to environment. U/s 2(b), air pollution has
been defined as the presence in the atmosphere of any air pollutant.

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

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

Section 6: Board in Union Territories: No State Board shall be constituted for a Union
territory and in relation to a union territory, the Central Board shall exercise the powers and
perform the functions of a State Board under this Act for that Union Territory :

Provided that in relation to any Union territory the Central Board may delegate all or any of its
powers and functions under this section to such person or body of persons as the Central
Government may specify.
Section 16:  Functions of Central Board: without prejudice to the performance of its functions
under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974),

i) main functions of the Central Board shall be to improve the quality of air and to
prevent, control or abate air pollution in the country.
ii) advise the Central Government on any matter concerning the improvement of the
quality of air and the prevention and control of air pollution;
iii) coordinate the activities of State Boards and resolve disputes among them;
iv) provide technical assistance and guidance to the State Boards, carry out and
sponsor investigations and research relating to problems of air pollution and
prevention, control or abatement of air pollution;
v) organize through mass media a comprehensive programme regarding the prevention
and control of air pollution;
vi) to perform the functions of the State Board where the State Board has defaulted in
complying with the directions of the Central Board resulting into grave emergency
and where it is required to do so in the public interest;
vii) collect, compile and publish technical and statistical data relating to air pollution
viii) lay down standards for the quality of air.
ix) delegate any of its functions under this Act generally or specially to any of the
committees appointed by it
x) The Central Board may establish or recognize a laboratory or laboratories to enable
the Central Board to perform its functions under this section efficiently.

Section 17: Functions of State Board:

i) To plan a comprehensive programme for the prevention, control or abatement of air

pollution.
ii) To advise the State Government on matters concerning the prevention,control and
abatement of air pollution.
iii) To collect and spread information relating to prevention, control and abatement of
air pollution.
 iv) To collaborate with the Central Board in organizing training programmes relating to
the prevention, control or abatement of air pollution and to organize mass education
programme relating thereto.
v) To inspect any industrial plant or manufacturing process and give direction on
prevention control and abtemet of air pollution. ,
vi) To advise the State Government with respect to the location of any industry which is
likely to result in air pollution.
vii) To perform such other functions as may be prescribed by the Central or State
Government.

Section 20:  Power of state govt in consultation with state board to give Instructions to
concerned authority in charge of registration of motor vehicles u/ MVA for Ensuring
Standards for Emission From Automobiles are complied with:]

With a view to ensuring that the standards for emission of air pollutants from automobiles laid
down by the State Board are compiled with, the State Government shall, in consultation with the
State Board, give such instructions as may be deemed necessary to the concerned authority in
charge of registration of motor vehicles under the Motor Vehicles Act, 1939 (4 of 1939), and
such authority shall, notwithstanding anything contained in that Act or the rules made thereunder
be found to comply with such instructions.

Section 24: Power of Entry and Inspection: any person empowered by a State Board in this
behalf shall have a right to enter, at all reasonable times any place for performing any of the
functions of the State Board entrusted to him, whether orders or direction given under the act
are complied with, examining and testing industrial units, etc.

Section 38: Penalties for certain acts: whoever

i) Destroys pillar or post or notice fixed by the Board

ii) obstructs any person acting under the orders or directions of the Board from
exercising his powers and performing his functions under this Act
iii) fails to intimate the occurrence of the emission of air pollutants into the
atmosphere in excess of the standards laid down by the State Board or the
 apprehension of such occurrence, to the State Board and other prescribed authorities
or agencies as required, etc

shall be punishable with imprisonment upto 3 months and/or with fine upto 26,000rs.

Section 39: Penalty for Contravention of Certain Provisions of the Act.

Whoever contravenes any of the provisions of this Act or any order or direction issued
thereunder, for which no penalty has been elsewhere provided in this Act, shall be
i) punishable with imprisonment for a term which may extend to three months or with
fine which may extend to ten thousand rupees or with both, and
ii) in the case of continuing contravention, with an additional fine which may extend to
five thousand rupees for every day during which such contravention continues after
conviction for the first such contravention.
Case: Dehradun quarrying case

FOREST LAWS IN IDNIA

Indian Forest Act, 1927:

1. The Indian Forest Act, 1927 was an act to consolidate the then existing laws relating to
forest, the transit of forest products and duties that can be levied on “Forest Product”.
2. Being a product of British colonial period, it reflects the exploitative intentions of the
colonial society at that time rather than environmental and ecological interests.
3. This act does not lay down a specific definition for forest but establishes three
categories of forests, reserve forest, protected forest and village forest.

Reserved Forest:

i) State Government could constitute any forest land or waste land to which the
government has ownership or right into a reserve forest by a notification in the
Official Gazette.
ii) Sate govt would now have regulatory rights over the reserved forest.
iii) State govt also had the power to declare a reserved forest into a regular forest.
 iv) No right can be acquired in relation to a reserved forest except by:
a) Succession
b) Under a grant or contract entered into by the govt.
c) By any person having pre- existing rights.
v) Prohibits the following in the reserved forest:
a) Unauthorized felling of trees,
b) Trespass by cattle
c) Damage to timber,
d) Using land for cultivation w/o permission of the state govt,

shall be punishable with imprisonment upto 6 months and fine upto rs. 500.

Protected forests:

i) Not a reserved forest.

ii) Any forestland or wasteland where the state govt can by notification lay down
whether the area can be used and in what manner for:
a) reserving any trees,
b) Closing any portion of such forest for private persons,
c) Prohibiting quarrying, burning of lime
d) Preventing removal of forest produce or clearing for cultivation.
iii) Unauthorized felling of trees, trespass by cattle, damage to timber and using land for
cultivation in these forests would be an offence only if particularly banned by the
State Govt.

Village Forest:

i) assigning rights of reserved forests or protected forests or any forest belonging to the
state government to any village community and provisions relating to reserved
forest, protected forest or forest belonging to the government shall apply

Forest Conservation Act, 1980:

1. With wide spread concern regarding large scale deforestation resulting in ecological
imbalance and environmental degradation led to the enactment of this Act.
2. The 42nd amendment, 1976 put “forest” under the concurrent list where it previously was
under the state list.
3. Thus, the major change making the procedural aspect stricter was that the state govt now
could not except for the prior permission of the central govt issue orders directing:
i) that any reserved forest or any portion thereof, shall cease to be reserved;
ii) use forest land for any non-forest purpose i.e. clearing forest for cultivation or
purpose other than reforestation
iii) lease out forest land to a private agency
iv) that any forest land or any portion thereof may be cleared of trees which have grown
naturally in that land or portion, for the purpose of using it for reforestation
4. Whoever contravenes or abets the contravention of any of the provisions shall be
punishable with simple imprisonment for a period which may extend to fifteen days.
5. Sec 2. Central Government empowered to constitute a committee of such number of
person as it may deem fit to advise the Government with regard to-
(i) the grant of approval for the purpose which is prohibited in section of this act; or
(ii) any other matter connected with the conservation of forests which may be referred
to it by the Central Government.

Drawbacks:

i) Despite making stringent provisions so as to cover the lacunae of the previous Act,
this Act was not very effective in increasing the forest cover in India.
ii) Does not discuss rights of tribal people:
- for industrial growth, exploitation of forest resources cannot be ruled out. The
development of large scale projects in and around forests give rise to questions on
social impact and rehabilitation of the local population and re afforestation.
- Banwasi Seva Ashram v. State of UP: in approving the advent of thermal plant of
National Thermal Power Co. Ltd in allocation that extended to a forest area, the
SC observed that forests are indisputably the most wanted assets whose depletion
can cause ecological imbalance. However, industrial growth is also equally
important and the great demand for electricity all over the country needs to be
fulfilled.
 - Narmada Bachao Andolan v. UOI: the issue of tribal people ousted from a forest
area for development purpose was dealt with by the SC. Several areas in Gujarat and
Rajasthan would be benefitted from the water supply from the Sardar Sarovar
Dam being built at a certain height. Held: rehabilitation of ousted people and works
for raising the dam could go hand in hand as the lands allotted to the displaced
people are equal to or of better quality than the previous ones from where they
have been ousted. Also, development of the dam will result in multifold benefit to
the environment where the water reaches.

WILDLIFE (PROTECTION) ACT, 1972

I) India is a signatory of Convention on International Trade in Endangered Species

(CITES) and has ratified CITES.
II) The Wildlife Act was enacted by the Parliament in furtherance of the enabling
resolution of 11 states u/a 252 of the Constitution.
III) Later, the subject wildlife was moved to the concurrent list thus parli was
empowered to enact laws on matters of wildlife protection.
IV) Objectives:
a) Setting up of state wildlife advisory board,
b) Establishment of sanctuaries and national parks,
c) To protect specified endangered species regardless of their location.
d) Regulation for hunting wild animals and birds
e) Regulations on trade in wild animals and animal products.
f) Impose penalties for violation of the Act.
V) Act prohibits hunting of animals listed in Schedule I, II, III and IV. Endangered
species are listed in Schedule I, other schedules provide for other species.

Sanctuary and National Parks

i) The state government may declare any area of adequate ecological, floral,
natural or zoological significance a sanctuary or natural park.
ii) Public entry restricted in these sanctuaries and parks and destruction of
wildlife or habitat is prohibited.
iii) National parks enjoy higher degree of protection than sanctuaries.
 iv) The boundaries of sanctuaries and wildlife parks may not be altered except
by a resolution of the State Legislature but this power in the hands of the
state government has threatened several sanctuaries.

1991 Amendment:

i) It was a comprehensive amendment resulting in insertion of special chapters

dealing with protection of specified plants and regulation of zoos i.e Central Zoo
Authority established.
ii) Recognized the needs of tribals and forest dwellers and introduced changes to
advance their welfare.
iii) near-total prohibition on hunting was made more effective.
iv) Banned export and import or using or selling of ivory of African Elephant and
certain other wild animals and animal articles.- ivory traders case.

Penalties:

i) Imprisonment is also given as a penalty for violation of the act which may vary from
3-7 years depending on the circumstances of the case.
ii) May also be less than 1 year.

Eg: Salman Khan Black Buck Poaching Case

BIOLOGICAL DIVERSITY ACT, 2002

Enacted u/a 253 to give effect to provisions of the Convention on Biological Diversity (CBD)
which is a United Nations initiative to help foster and protect biodiversity and encourage the
sustainable use of our natural resources to which India is a signatory.

Objective

i) to regulate the access to genetic resources  and protection of biodiversity.

ii) establishment of statutory bodies such as National Biodiversity Authority, State
Biodiversity Boards, National and State Biodiversity Funds, Biodiversity
Management Committee.
Scope and Nature:

i) Enacted only to protect biodiversity and to encourage judicious use of biological

resources.
ii) Section 2(b) of the Act defines biodiversity as “the variety of living organisms from
all sources and the ecological complexes of which they are part, and includes
diversity within species or between species and of ecosystems”. (general meaning:
refers to the variety of plant and animal life found on earth.)
iii) Section 2(c) defines biological resources to mean “plants, animals and micro-
organisms or parts thereof, their genetic material and by-products (excluding value
added products) with actual or potential use or value, but does not include human
genetic material”.

Bodies:

- National Biodiversity Authority:

i) Section 8 sets up the NBA headquartered at Chennai.
ii) Structure: One chairman, seven Ex-officio members and five non-official
members; all to be appointed by central government, who are from the fields
of environmental conservation, along with members of several government
ministries such as the Ministry dealing with Tribal Affairs, Agricultural
Research Biotechnology, Ocean Development, AYUSH (alternative
medicines) etc.
iii) Functions:
a) All foreign nationals require approval from NBA for obtaining Biological
Resources from India.
b) All Indian individuals/entities are required to seek NBA approval before
transferring knowledge / research and material to foreigners.
c) Prior approval of NBA before applying for any kind of IPR based on
research conducted on biological material and or associated knowledge
obtained from India.
- State Biodiversity Board:
 i) Act mandates each state to notify its State Biodiversity Board. We note
here that there is no provision for a Biodiversity Board for a Union Territory
because Union Territories have been placed under National Biodiversity
Authority.
ii) Functions:
a) To advise state governments on matters of biodiversity
conservation
b) Regulate commercial use of bio-resources in the state by Indians
- National Biodiversity Fund
i) Whatever money NBA receives as fees, fines etc. and whatever money it
gets as grants etc. is kept in the National Biodiversity Fund. The money
from this fund is used to benefit the claimers and promotion of
conservation and socio-economic development in source areas.
- State Biodiversity Fund
i) This fund has to be created at state level to credit any grants and loans
made to the State Biodiversity Board by the National Biodiversity Authority
and money from other sources. The money is used in the management and
conservation of heritage sites; compensating or rehabilitating any section of
the people economically affected when an area is declared Biodiversity
Heritage Sites; and conservation and promotion of biological resources.

Biodiversity Heritage Sites:

Under Section 37 of Biological Diversity Act, 2002 (BDA) the State Government in
consultation with local bodies may notify in the official gazette, areas of biodiversity
importance as Biodiversity Heritage Sites (BHS).

Penalties:

Violation of this act (not taking permission from bodies) invites penalties viz. imprisonment
for a term which may extend to five years, or with fine which may extend to ten lakh rupees
and where the damage caused exceeds ten lakh rupees such fine may commensurate with
the damage caused, or with both.