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(c) Prof.

Neha Patel

By Prof. Neha Patel

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(c) Prof. Neha Patel

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Ô aw deals with
 Questions regarding protection of environment
 egislations specifically dealing with environment
problems are
Water (Prevention of pollution) Act, 1974
Air (Prevention & Control of Pollution) Act, 1981
(c) Prof. Neha Patel

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Ô mnvisages setting up Central & State boards for


prevention & control of Water Pollution
Ô Task of these bodies is
 Prevention & control of discharge of water into
streams or wells
 mffluent standards to be compiled with by
industries
(c) Prof. Neha Patel

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Ô unctions of State Boards


 ay down standards of pollution
 To grant license to industries to discharge effluent
into streams
Ô Powers of Board
 Investigate, Inspect, Sample Collection & Testing
 To prosecute the violators of the Act

 Carry out themselves works relating to prevention


of pollution
(c) Prof. Neha Patel

  
Ô Control of emission of noxious substances from
industries & automobiles
Ô Applies only to specific Industrial processes, in
notified areas called
 Air Pollution Control Areas
Ô unctions under the act entrusted to Central &
State Boards created under the Water Act
Ô State government in consultation with state
board declares a particular area as
 ´Air Pollution Control Areaµ
(c) Prof. Neha Patel

  

Ô Specified Industries in APCA have to seek


consent from Board, to emit noxious
substances
Ô Post Air Act enactment Central Board has
become
 Central Water & Air Prevention of Pollution Control
Board
Ô State Board has become
 State Pollution Control Boards
(c) Prof. Neha Patel

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Ô mPA is legislation for
 Control of pollution & handling hazardous
substances
 Gives broad powers to Union Government

 Section 3 gives extensive powers to Central


Government for
Prevention, Control & Abatement of mnvironmental
pollution
(c) Prof. Neha Patel

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Ô ëule making powers of Central Government
 Standard quality of air, water & soil for various
areas & purposes
 Maximum permissible level of pollutants for
different areas
 Procedures & safeguards for handing of hazardous
substances
 Prevention & restrictions on location of industries

 Procedures & safeguards for prevention of


accidents that may cause environmental pollution
(c) Prof. Neha Patel

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Ô mnvironment (Protection) ëules


Ô Hazardous wastes (Management & Handling)
ëules, 1989
Ô Manufacture, Storage & Import of Hazardous
Chemical ëules,1989
Ô mnvironment Protection ëules,1986
 Provide maximum permissible level of emission or
 Discharge of environmental pollutants from
industries
(c) Prof. Neha Patel

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Ô Standard for exhaust & manufacture of
automobile
Ô If Central or State board has granted time
bound program
 To meet prescribed standard within the timeframe
Ô Central Government has exclusive charge of
administering the act
(c) Prof. Neha Patel

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Ô Specify all things considered hazardous wastes,
depending on quality
Ô Include things like
 Cyanide waste, mercury, arsenic, paints, pigments, glue,
waste oil, asbestos etc.
Ô irm generating hazardous waste has to ensure
 Practical steps are taken for handling, collection, reception,
treatment, storage & disposal of these waste
 Has to seek authorization from State Pollution Control Board
Through this State Board regulates process & facility
ëegulates packaging, labelling & transport of hazardous wastes
(c) Prof. Neha Patel

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Ô mvery firm dealing in such substances has to
 Indentify the major accident hazards
 Take precautions for accident prevention
 imit their consequences to environment & persons
 irms have to provide safety reports
 ëules for manufacture, use, import, export & storage of
hazardous micro-organisms/genetically engineered
organisms or cells
 Chemical accidents ëules ( mmergency Planning
Preparedness & response),1996
 Bio-Medical Waste ( Management & Handling) ëule, 1998
 2-T Oil ( ëegulation Supply & Distribution) Order,1998
(c) Prof. Neha Patel

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Ô mPA has vested huge powers in central government to
 Prevent pollution &
 ëegulate handling of hazardous substances
 Can create bodies to administer the act
 Provides stringent sanctions for violation of Act
 Sec 15 provides
Who so ever contravenes any provision of Act, rules, orders or
directions issued,
Is punishable with term imprisonment extending up to 5 years or fine
up to ës.1,00,000 or both
If contravention continues fine may extend to ës. 5,000 per day
(c) Prof. Neha Patel

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Ô Sec. 16 deals with offences with companies
 Holds persons & company guilty,
Provided person can prove offence was committed
without his knowledge or
He exercised due diligence to prevent commission of
offence
 Company & people conducting business are liable
as body corporate for offence
(c) Prof. Neha Patel

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Ô Sec. 17 deals with offence of government
department
 Holds HOD guilty, provided
He can prove offence was conducted without his
knowledge or
He exercise due diligence
(c) Prof. Neha Patel

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Ô evies cess on specified industries & local


bodies
 Depends on the amount of water consumed &
 Nature of pollution the process causes

 evy contributes towards expenses of Central &


State boards for prevention & control of water
pollution
 15 industries specified under the act, includes
Petroleum, Chemical, Paper, ertilizer, Animal Processing
industry etc.
(c) Prof. Neha Patel

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Ô Act encourages Installation of water treatment plants
Ô Gives 70% rebate on cess to those installing plants
Ô Implemented by central government in Uts & state
board in States
Ô Provides for installation of equipment to measure
water consumption
Ô Cess evaders can be imprisoned up to 6 months or
fined up to ës.1,000 or both
(c) Prof. Neha Patel

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