Unit -2

Prevention and Control of Water, Air, Noise and Land Pollution

The Water (Prevention and Control of Pollution) Act, 1974

Water Pollution: Definition

Section 2 (e) of the Act defines what is pollution, according to Section 2(e) pollution means
any contamination of water or alteration of the physical, chemical and biological properties of
water or disposing of any sewage waste in water which is likely to cause nuisance or renders
such water to be harmful to public health or safety or to domestic, industrial or other
legitimate use or harmful to the life and health of the animals and aquatic plants.

Pollution is the introduction of contamination into the environment. Water pollution is the
presence of extreme levels of pollutants (hazards) in a water body, such that it is no longer
suitable for regular human usages such as bathing, cooking, or drinking.
Polluting water is commonly seen with the involvement of human activities such as throwing
waste, industrial and agricultural effluents, chemical discharge, etc. This leads to the
degradation of water quality and affects aquatic life. When humans or animals consume this
water for thirst, the health effects caused are adverse to life. Only less than 0.3% of the
freshwater of the earth is suitable for normal drinking. ‘Pure’ water form is thought to be
water with the minimum amount of gases, minerals, and life. But for all practical purposes, it
is generally thought to have the least amount of solutes. High-quality water is essential for
drinking purposes, but for any other needs, water quality can be flexible.

Agencies for controlling Water Pollution

There are two agencies set up as per the Act for controlling and preventing water pollution.
Central Board- Central Pollution Control Board
Constitution and Composition (Section 3)
The Central Government through a notice in the official gazette has the power to assign or
set up a Central Board named as Central Pollution Control Board. As far as the composition
of the board is concerned the Central Board is to contain the following members:
1. A chairman who has the knowledge or has practical experience in dealing with cases
relating to environmental protection. The chairman is to be appointed by the central
government only.
2. Not more than 5 officials to represent the central government.
3. Not more than 5 members to be nominated by the central government from the
members of the State Board.
4. Maximum 3 members appointed by the central government to represent the interests
of agriculture, fisheries, trade or any other interest as the government may seem fit.
5. 2 persons to represent the companies or corporations owned, controlled or by the
central government.
6. A full-time member secretary having complete knowledge, experience and
qualification of scientific management and prevention of environmental pollution.
Functions of Central Board (Section 16)
 1. Advise the Central Government on any matter concerning the prevention and control
of water pollution.
2. Coordinate the activities of the State Boards and resolve disputes among them.
3. 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.
4. Plan and organize the training of persons engaged or to be engaged in for the
prevention, control or abatement of water pollution on such terms and conditions as
the Central Board may specify.
5. Organize through mass media a comprehensive program regarding the prevention
and control of water pollution.

State Board- State Pollution Control Board

Constitution and Composition (Section 4)
1. The state government through an official notice in the Gazette has the power to
assign or set up a state board named as State Pollution Control Board. The
composition of the state board is as follows:
1. A Chairman who either has the knowledge or some experience in dealing with cases
relating to environmental pollution.
2. Not more than 5 members appointed by the state government to represent the
government.
3. Not more than 2 persons by the state government who are functioning as members
of the local authorities within the state
4. Not more than 3 persons nominated by the state government to represent the
interest of fisheries, agriculture, trade and any other interest as the government may
seem fit.
5. 2 person from companies, corporations which are either controlled, owned or
managed by the state.
6. A member secretary who has the knowledge, qualifications, and experience in
dealing with cases pertaining to environmental pollution.
Functions of State Board (Section 17)
1. To plan a comprehensive program for preventing and controlling the pollution of the
wells and streams in the state and to secure its execution.
2. To advise the State Government on matters relating to prevention and controlling
water pollution.
3. Collaborating with the central board to train persons employed or to be employed in
preventing, controlling water pollution.
4. To lay down, modify the effluent standards of sewage and trade effluents and for the
quality of receiving water resulting from the discharge of effluents and to classify
waters of the state.
5. To evolve methods of utilizing the sewage and suitable trade effluents in agriculture.
6. The state Board has the authority to set up laboratories to enable the board to
perform its function efficiently, including collecting samples of water from any stream
or sewage or trade effluents.
Joint Board
An agreement may be entered into by the state government of one state with the state
government of another state to set up a joint Board. Similarly, the Central Government and
the government of other union territories can also enter into an agreement for constituting a
joint board.

Composition of Joint Board (Section 14):

● A chairman who has the knowledge, experience, and qualifications in matters relating
to prevention and controlling environmental pollution.
● 2 members from each state government nominated by their respective state to
represent the state.
● A nonofficial appointed by each state to represent the interests of agriculture,
fisheries, trade or any other interest of the participating state.
● 2 members from the companies, corporations nominated by the central government
which is owned, controlled or managed by the participating state.
● A full-time member secretary who has the required skills, experience and
qualifications in science, engineering or management aspect of controlling and
preventing pollution to be appointed by the central government.

Disqualification of Members (Section 6)

● A person who is judged insolvent or has not paid his debts or has compounded with
his creditors cannot become a member.
● A person of unsound mind or who has been convicted of such an offense which
according to the central government or state government may involve moral
turpitude.
● If a person is holding any office of profit or is a salaried employee of any company,
firm which is connected with the board in that situation also he can be a member of
any board.
● If a member has misused his powers by virtue of being a member or holding any
position in connection with the board, then the central government or for that matter
the state government may disqualify that member in the general interest of the public.

Meetings of the Board (Section 8)

According to Section 8, in every three months the board has to conduct a meeting and
review all the laws and the orders implemented by it , apart from that it also has to discuss
the future plan of Action, if the chairman of the board thinks that an urgent meeting is
required to address a particular issue then in that case meeting among the members of the
board can be held at any time as prescribed by the chairman.

Prevention and Control of Water Pollution

According to Section 19 of the Act, the state board has the power to limit the territorial
jurisdiction of any order passed by it in matters relating to prevention and controlling water
pollution. This means that the orders passed by the state board will only apply in the areas
that are affected by water pollution .it is up to the state board to determine which area is to
be declared water polluted and which is not, this can be done by making reference to a map
or making reference to a line of any watershed or the boundary of any district.
 Causes of Water Pollution
Since we have developed an understanding of what is water pollution, let us look into the
sources of water pollution. There are many sources of water pollution. Most of the freshwater
is surface water. It can get contaminated by seepage of harmful chemicals from the surface.
There are two major sources when seen from the origin of the contamination. One is the
‘point’ source pollution, which means that the source of the pollution originates from a
specific place. The other is ‘nonpoint’ source pollution as contamination from diffuse options.
Transboundary contamination means it will not be limited to a country but can affect other
places as well. Other common causatives for water pollution include Urbanization, high use
of Detergents, insecticides and fertilizers, Deforestation. Even many social and religious
ceremonies are key sources of water pollution.
Let us look at a few other modern sources of water contamination with examples.

Water Pollution: A Modern Epidemic

Most causes of water pollution originate from human activities and their waste products. The
sources of water pollution are numerous, but some of the major pollutants in today’s modern
scenario are as follows :
Industrial Waste
Many regular industrial activities release enormous amounts of toxic chemicals such as lead
and mercury. They spread to other living species when humans use this contaminated
product for regular purposes. It also affects the biodiversity of the water body.
Sewage and Waste
Tonnes of sewage waste is dumped into water bodies. This not only causes pollution but
also releases dangerous disease-causing pathogens.
Mining
Mining in today’s generation is key to the major lake and river pollution. This process brings
out harmful chemicals that are buried deep under the earth’s surface. When this comes in
contact with water, the effects are dangerous to any living creature.
Marine Dumping
The garbage generated every day is dumped into the seas and oceans going as far as to
give rise to garbage islands. An easy step of throwing waste products only in the bin can
reduce more than half of the water pollution levels.
Agricultural Activities
The use of chemical fertilizers, pesticides, and other runoffs during irrigation flows into the
water bodies. These chemicals cause pollution to water bodies in a short span of time.
Radioactive Wastes
After usage of radioactive materials for nuclear wagons or as an energy source, they are
mostly dumped into water bodies or in glaciers that will immediately mix with water when the
temperature rises.
Urbanization and Population Growth
Cities are unable to meet the water demand of their growing population. This has caused
contamination and loss of water due to overuse.

Effects of Water Pollution

The most diverse effects of water pollution on humans is when it affects the health of people.
Disruption of aquatic life is the primary effect of water pollution. Polluted water contains
many disease-causing elements such as bacteria and viruses which trigger other harmful
diseases, namely cholera, giardia, and typhoid. It can even lead to chronic conditions,
including hormonal imbalances, hepatitis, altered brain function to cancer. A pregnant
woman is especially prone to these water-borne diseases. Also, swimming in polluted water
is a high risk as it can cause skin and eye allergies.
The environment is also disturbed as it slowly kills animals and plants’ life that is dependent
on them for nourishment. It also supports the growth of harmful organisms that destroy the
biodiversity of the water body. Certain algae growth reduces the level of oxygen in the water,
killing everything in it. In some areas, pollution is so severe that it causes “dead zones”
where there is no life.

Control Measures of Water Pollution

Since we have understood the concept of water pollution, let us look into some of the actions
taken to control water pollution. Prevention and control of water pollution could be done in so
many ways. To start off, it is to plant more trees around water bodies as they naturally help
to assimilate and recycle the pollutants. Some important points are summarized below.
● There is a plant known as ‘Water Hyacinth’ that absorbs dissolved toxic substances
like cadmium and mercury from water bodies, thus actively removing pollutants from
water.
● It is important to dispose-off waste carefully and not to dump it directly into water
bodies, without proper waste treatment.
● Industries should treat their wastes carefully before disposing of chemicals and other
materials into water bodies directly. Sewage treatment plants and wastewater
treatment plants in industries are established to treat the water used so it can be
safely mixed into the river streams. It also enables water recycling.
● Using natural fertilizers and pesticides as substitutes for chemical ones is good for
plants and water.
● Chemical processes such as coagulation, ion exchange method, reverse osmosis,
etc. will greatly reduce the level of water pollution.
● Lastly, it is better to reduce the consumption of water in our daily activities and reuse
water whenever possible to reduce the overall level of pollution.

Sample of effluents: Procedure; Restraint Order

Power to Take Samples of Effluents and Procedure to be Followed in Connection Therewith.
(1) A State Board or any officer empowered by it in this behalf shall have power 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
such stream or well.
(2) The result of any analysis of a sample of any sewage or trade effluent taken under
sub-section (1) shall not be admissible in evidence in any legal proceeding unless the
provisions of sub-sections (3), (4) and (5) are complied with.
(3) Subject to the provisions of sub-sections (4) and (5), when a sample (composite or
otherwise as may be warranted by the process used) of any sewage or trade effluent is
taken for analysis under sub-section (1), the person taking the sample shall -
(a) serve on the person in charge of, or having control over, the plant or vessel or in
occupation of the place (which person is hereinafter referred to as the occupier) or any agent
of such occupier, a notice, then and there in such form as may be prescribed of his intention
to have it so analyzed;
(b) in the presence of the occupier or his agent, divide the sample into two parts;
(c) cause each part to be placed in a container which shall be marked and sealed and shall
also be signed both by the person taking the sample and the occupier or his agent;
(d) send one container forthwith, -
(i) in a case where such sample is taken from any area situated in a Union territory, to the
laboratory established or recognized by the Central Board under section 16; and
(ii) in any other case, to the laboratory established or recognized by the State Board under
section 17;
(e) on the request of the occupier or his agent; send the second container, -
(i) in a case where such sample is taken from any area situated in a Union territory, to the
laboratory established or specified under sub-section (1) of section 51; and
(ii) in any other case, to the laboratory established or specified under sub-section (1) of
section 52.
(4) When a sample of any sewage or trade effluent is taken for analysis under sub-section
(1) and the person taking the sample serves on the occupier or his agent, a notice under
clause (a) of sub-section (3) and the occupier or his agent willfully absents himself. then, -
(a) the sample so taken shall be placed in a container which shall be marked and sealed and
shall also be signed by the person taking the sample and the same shall be sent forthwith by
such person for analysis to the laboratory referred to in sub-clause (i) or sub-clause (ii), as
he case may be, of clause (e) of sub-section (3) and such person shall inform the
Government analyst appointed under sub-section (1) or sub-section (2), as the case may be,
of section 53, in writing about the willful absence of the occupier or his agent;

(b) the cost incurred in getting such sample analyzed shall be payable by the occupier or his
agent and in case of default of such payment, the same shall be recoverable from the
occupier or his agent, as the case may be, as an arrear of land revenue or of public demand
:
Provided that no such recovery shall be made unless the occupier or, as the case may be,
his agent has been given a reasonable opportunity of being heard in the matter.
(5) When a sample of any sewage or trade effluent is taken for analysis under sub-section
(1) and the person taking the sample serves on the occupier or his agent a notice under
clause (a) of sub-section (3) and the occupier or his agent who is present at the time of
taking the sample does not make a request for dividing the sample into two parts as
provided in clause (b) of sub-section (3), then, the sample so taken shall be placed in a
container which shall be marked and sealed and shall also be signed by the person taking
the sample and the same shall be sent forthwith by such person for analysis to the
laboratory referred to in sub-clause (i), or sub-clause (ii), as the case may be, of clause (d) of
sub-section (3).

Citizen Suit Provision (Section 49)

Citizen Suit provision under Water/Air /EP Acts for Environment Protection
A citizen suit is a lawsuit by a private citizen to enforce a statute.
Citizen suits are particularly common in the field of environmental law.

Citizen suits come in three forms.

1) First, a private citizen can bring a lawsuit against a citizen, corporation, or government
body for engaging in conduct prohibited by the statute.
2) Second, a private citizen can bring a lawsuit against a government body for failing to
perform a non-discretionary duty.
3) "This third type of citizen suit is analogous to the common law tort of public nuisance"

The legal remedies available to the citizens with regards to Water pollution in India are
limited as compared to countries like US, UK, Canada and Australia and are still in a
developing phase.

It was in the year 1986 after the coming of Environmental protection act that a citizen got
the right to file a complaint under section 19 of the EPA and prosecute the polluter. But this is
subjected to restriction that a pollution control board sample is only admissible by the court
and the sample given by citizen unlike in U.S. was not admissible.

In India, therefore you have to first complain to the PCBs (pollution control board) and
cannot directly approach the court. Moreover a 6-month prior notice has to be given before
filing the suit which gives ample time to the polluter to get way with the crime.

By amendments later in the water act 1974 (as amended in 1988). it has been made
mandatory for the PCBs to disclose all relevant information which is needed by person filing
suit against any pollutant.

Citizen suit provision under the Environment Protection Act, 1986 - Until the enactment of
the Environment Act, the power to prosecute under Indian environmental laws belonged
exclusively to the government. The citizens" suit provision in the Environment Act expands
the concept of locus standi in environmental prosecutions.

Similar provisions allowing citizens participation in the enforcement of pollution laws are now
found in
• 1) Sec. 43 of the Air Act(as amended in 1987) and
• 2) Sec.49 of the Water Act(as amended in 1988).
• 3) Sec. 19 of the Environment Act provides that
Any person, in addition to authorized government officials, may file a complaint with a court
alleging an offence under the Act.

However, the person must have given notice of not less than 60 days of the alleged offence
and the intent to file a complaint with the government official authorized to make such
complaints.

The citizens" suit provision appears to give the public significant powers to enforce the
Environment Act. However, some critics are of the view that during the 60 days' notice period
required for the government to decide whether to proceed against the alleged violation, the
offending industry has time to clean up traces of the offence and prepare itself for the
collection of samples.

Further, the government may file a complaint but does not pursue prosecution diligently.
There are no rules which require the publishing of information by polluters.
The Act allowed, but does not require, the Central the Act from any person, officer, State
Government or other authority. The citizens" suit provision may become an effective
enforcement tool if industries were required to make mandatory public reports concerning
their pollutant emissions and discharges.

Ratlam Municipal Council v. Vardhichand AIR 1980 SC 1622

Air (Prevention and Control of Pollution) Act, 1981

The Air Prevention and Control of Pollution Act 1981 is an Act of the Parliament of India. It
was enacted to prevent and control air pollution in the country. The Act established the
Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs). The
CPCB and SPCBs work to implement the provisions of the Act. The Act also prohibits the
emission of air pollutants from various sources.

What is an ‘air pollutant’ and what is ‘air pollution’?

● Section 2(a) defines ‘air pollutant’ as any solid, liquid or gaseous substance that
may be harming or injuring the environment, humans, other living creatures,
plants or even property. Through the 1987 Amendment, noise was also included
in the list of substances that are deemed to be harmful to the environment.
Therefore, this Act also provides for the regulation of noise pollution.
● Section 2(b) defines ‘air pollution’ as the presence of any air pollutant in the
atmosphere.

Air pollution refers to any physical, chemical or biological change in the air. It is the
contamination of air by harmful gases, dust and smoke which affects plants, animals and
humans drastically.
There is a certain percentage of gases present in the atmosphere. An increase or decrease
in the composition of these gases is harmful to survival. This imbalance in the gaseous
composition has resulted in an increase in earth’s temperature, which is known as global
warming.

Causes of Air Pollution

Following are the important causes of air pollution:

Burning of Fossil Fuels

The combustion of fossil fuels emits a large amount of sulphur dioxide. Carbon monoxide
released by incomplete combustion of fossil fuels also results in air pollution.

Automobiles
The gases emitted from vehicles such as jeeps, trucks, cars, buses, etc. pollute the
environment. These are the major sources of greenhouse gases and also result in diseases
among individuals.

Agricultural Activities
Ammonia is one of the most hazardous gases emitted during agricultural activities. The
insecticides, pesticides and fertilisers emit harmful chemicals in the atmosphere and
contaminate it.

Factories and Industries

Factories and industries are the main source of carbon monoxide, organic compounds,
hydrocarbons and chemicals. These are released into the air, degrading its quality.

Mining Activities
In the mining process, the minerals below the earth are extracted using large pieces of
equipment. The dust and chemicals released during the process not only pollute the air, but
also deteriorate the health of the workers and people living in the nearby areas.

Domestic Sources
The household cleaning products and paints contain toxic chemicals that are released in the
air. The smell from the newly painted walls is the smell of the chemicals present in the
paints. It not only pollutes the air but also affects breathing.

Effects of Air Pollution

The hazardous effects of air pollution on the environment include:

Diseases
Air pollution has resulted in several respiratory disorders and heart diseases among
humans. The cases of lung cancer have increased in the last few decades. Children living
near polluted areas are more prone to pneumonia and asthma. Many people die every year
due to the direct or indirect effects of air pollution.

Global Warming
Due to the emission of greenhouse gases, there is an imbalance in the gaseous composition
of the air. This has led to an increase in the temperature of the earth. This increase in earth’s
temperature is known as global warming. This has resulted in the melting of glaciers and an
increase in sea levels. Many areas are submerged underwater.

Acid Rain
The burning of fossil fuels releases harmful gases such as nitrogen oxides and sulphur
oxides in the air. The water droplets combine with these pollutants, become acidic and fall as
acid rain which damages human, animal and plant life.

Ozone Layer Depletion

The release of chlorofluorocarbons, halons, and hydrochlorofluorocarbons in the atmosphere
is the major cause of depletion of the ozone layer. The depleting ozone layer does not
prevent the harmful ultraviolet rays coming from the sun and causes skin diseases and eye
problems among individuals.

Effect on Animals
The air pollutants suspend in the water bodies and affect aquatic life. Pollution also compels
the animals to leave their habitat and shift to a new place. This renders them stray and has
also led to the extinction of a large number of animal species.

Air Pollution Control

Following are the measures one should adopt, to control air pollution:

Avoid Using Vehicles

People should avoid using vehicles for shorter distances. Rather, they should prefer public
modes of transport to travel from one place to another. This not only prevents pollution, but
also conserves energy.

Energy Conservation
A large number of fossil fuels are burnt to generate electricity. Therefore, do not forget to
switch off the electrical appliances when not in use. Thus, you can save the environment at
the individual level. Use of energy-efficient devices such as CFLs also controls pollution to a
greater level.

Use of Clean Energy Resources

The use of solar, wind and geothermal energies reduce air pollution at a larger level. Various
countries, including India, have implemented the use of these resources as a step towards a
cleaner environment.

Other air pollution control measures include:

1. By minimising and reducing the use of fire and fire products.

2. Since industrial emissions are one of the major causes of air pollution, the pollutants
can be controlled or treated at the source itself to reduce its effects. For example, if
the reactions of a certain raw material yield a pollutant, then the raw materials can be
substituted with other less polluting materials.
3. Fuel substitution is another way of controlling air pollution. In many parts of India,
petrol and diesel are being replaced by CNG – Compressed Natural Gas fueled
vehicles. These are mostly adopted by vehicles that aren’t fully operating with ideal
emission engines.
4. Although there are many practices in India, which focus on repairing the quality of air,
most of them are either forgotten or not being enforced properly. There are still a lot
of vehicles on roads which haven’t been tested for vehicle emissions.
5. Another way of controlling air pollution caused by industries is to modify and maintain
existing pieces of equipment so that the emission of pollutants is minimised.
6. Sometimes controlling pollutants at the source is not possible. In that case, we can
have process control equipment to control the pollution.
7. A very effective way of controlling air pollution is by diluting the air pollutants.
8. The last and the best way of reducing the ill effects of air pollution is tree plantation.
Plants and trees reduce a large number of pollutants in the air. Ideally, planting trees
in areas of high pollution levels will be extremely effective.

Constitution of the boards under Air Prevention and Control of Pollution Act, 1981

Section 3 and Section 4 of this Act state that the appropriate powers and functions shall be
given to the Central Board and the State Boards respectively, and they shall exercise these
powers and not go outside the ambit of these powers.
Constitution of Central Pollution Control Board

Section 3 of the Water (Prevention and Control of Pollution) Act, 1974 explains the
constitution of the Central Pollution Control Board-

● It shall have a full-time chairman with special knowledge and practical expertise in
matters of environmental protection and knowledge and experience in
administering institutions dealing with such matters. This chairman will be
nominated by the Central Government.
● It shall have a full-time secretary, who shall have the qualifications, knowledge
and experience in scientific, engineering and management aspects of
environmental protection. The Secretary will be appointed by the Central
Government.
● It shall have not more than five officials nominated by the central government to
represent that government.
● It shall not have more than five members nominated by the Central Government,
chosen from among the members of the State Boards.
● It shall not have more than three officials who represent the interests of the
fishery, agriculture, or any other industry or trade, which the government may
think fit to be represented.
● It shall have two persons from the companies or corporations, owned, managed
or controlled by the central government, nominated by that government.

Functions of the Central Board

Section 16 of the Act lays down the functions of the Central Board-

● The Board shall make efforts for the prevention, abatement and control of air
pollution in the country and may advise the Central Government on the same.
● It may plan and implement a nationwide programme for the prevention, control
and abatement of air pollution.
● It may coordinate the activities of the State and resolve the disputes that arise
between them.
● It may provide technical assistance to the boards and carry out investigations and
research relating to air pollution.
● It may plan and implement training programmes for the persons to be involved in
those programmes.
● It may help combat air pollution through a mass media programme.
● It may collect, compile and publish statistical data relating to air pollution and may
also prepare manuals, codes or guides relating to measures to combat air
pollution.
● It may lay down standards for the quality of air and shall perform other functions
as prescribed.
● The Board may also set up a laboratory or multiple laboratories to enable the
Board to perform its functions effectively.

Constitution of State Pollution Control Board

Section 5(2) of the Act explains the constitution of a State Board-

 ● A person, nominated by the state government who has special knowledge and
practical experience in dealing with issues related to environmental protection,
shall serve as the Chairman of the State Pollution Control Board. This chairman
may be full-time or part-time. This decision will be left to the discretion of the State
Government.
● The Board shall further consist of not more than five officials, nominated by the
State Government, to serve as representatives of that government.
● Not more than five people from the local authorities are nominated by the State
Government.
● Not more than three officials nominated by the State Government, who are
believed to be representing the interests of the industries of fishery, agriculture, or
any other industry or trade that the Central Government thinks ought to be
represented.
● Two persons from companies or corporations owned, managed, or controlled by
the State Government, and are nominated by that State Government.

Functions of the State Pollution Control Boards

Section 17 lays down the functions to be performed by the State Boards-

● The State Board shall plan and implement comprehensive programmes for the
prevention, control or abatement of air pollution. It shall also advise the State
Government on such matters.
● It shall collect and disseminate information regarding air pollution. It shall organise
training and mass awareness programmes regarding air pollution control,
prevention and abatement.
● It shall inspect, at reasonable times, any control equipment, industrial plant or
manufacturing process and give orders to the people in charge to further the
purposes of combating air pollution.
● It shall inspect and assess the air quality at designated air pollution control areas
as it may think necessary.
● It shall lay down standards for the emission of air pollutants into the atmosphere
from automobiles or industries, or any other pollutant from any source. However,
a ship or aircraft cannot come into the ambit of a source.
● The State Boards shall also advise the State Government regarding the suitability
of any location that is to be used for setting up any industry, keeping in mind the
air quality which would be impacted if that industry is set up.
● The Boards shall also set up labs in their States, to enable the State Board to
perform its functions effectively.

Powers of the Boards

Power to give directions: Section 18 states that the Central Board shall follow the
directions of the Central Government while the State Boards shall follow the directions of the
respective State Governments. Where a decision of the Central Board and a state
government direction are conflicting, the matter shall go to the Central Government for
resolution. Where the Central Government thinks that a grave emergency has arisen due to
the State Board defaulting in complying with the orders of the Central Board, then it can
perform the functions of the State Board.
Section 31A prescribes that the Central Government may issue directions to any person,
officer, or authority and such party shall be bound to follow the directions. These instructions
should be within the powers and functions of the Board, and include-

● Closure, prohibition, or regulation of any industry, process or operation.

● Stoppage or regulation of supply of water, electricity, or any other service.

Power to declare air pollution areas: Section 19 of the Act states that the State
Government, after consulting the State Board, may declare an area within the State as an
‘air pollution area’. The State Government may also order for the extension or reduction of
an air pollution area or may even merge one or more areas to make a new pollution area or
any part or parts thereof.

The State Government after consulting the State Board, may also by notification in the
official gazette, prohibit the use of any fuel or appliance that may cause or is likely to cause
air pollution. The State Government may also prohibit the burning of any material (which is
not a fuel) if it causes or is likely to cause air pollution. This is also done after consultations
with the respective State Board.

Power to give restrictions for ensuring standards for emissions from automobiles:
Section 20 states that the State Government may, after consulting the State Board, issue
instructions to the authority responsible for the registration of vehicles under the Motor
Vehicles Act 1939 and such authority shall be bound to follow these instructions. This is
done to ensure that the standards of emission prescribed under Section 17(1)(g) are
complied with.

Restrictions on the use of certain industrial plants: Section 21 talks about setting up
industrial plants in compliance with and with the consent of the respective State Board. It
prescribes the procedure for making an application to the Board, for which a decision has to
be made and intimated to the applicant regarding whether he has permission to set up the
plant or not. The conditions are also given for setting up the plant. These should be complied
with, otherwise, the permission for the plant can be revoked. The conditions under Section
21(5) are-

● The necessary control equipment as stipulated by the State Board has to be

installed in the plant. This equipment has to be changed according to the
decisions and instructions of the State Board. The equipment has to be kept in
good running condition.
● Chimneys should be erected when and where the Board so directs.

Persons carrying on industry, etc., not to allow emission of air pollutants in excess of
the standard laid down by the State Board: Section 22 states that no person heading an
industry shall emit any excess amount of emissions than the standards set out by the State
Board.

Power of Board to make application to Court for restraining a person from causing air
pollution: Under Section 22A, when the Board believes that there is excess emission being
caused by a person running an industrial plant in any air pollution area, then the Board can
make an application before the Court to restrain him from doing the same.
Furnishing of information to State Board and other agencies in certain cases: Under
Section 23, where any emission over the prescribed limit occurs due to an accident or
unforeseen event, the person operating the industrial plant shall report the facts of the same
to the State Board and other relevant authorities, to which they shall take remedial action as
soon as possible.

Power of entry and inspection: Under Section 24, a person authorised by the State Board
shall have the power to gain entry into any place for carrying out the performance of any of
the functions assigned to him. He may examine and inspect any control equipment,
industrial plant, record, register or any other document or object or any place which he has
reason to believe was used for the commission of any offence under this Act. The person in
charge of these equipment, plants, records, etc. shall assist the person from the State Board
to perform the functions. Not doing so, will be an offence.

Power to obtain information: In Section 25, it is stated that the State Board or any person
empowered under it shall have the power to call the person operating such plant or control
equipment about any information regarding the type of air pollutant and the amount of
emissions released by such plant or equipment. It shall also carry out inspections to verify
the same.

Disqualifications of members

Section 8 of the Act, prescribed disqualifications for the members to contest as a member of
the State Board. According to Section 8(1) of the Act, the following members are considered
disqualified members:

● A person has been declared bankrupt.

● A person has been declared unsound mind by the court of competent jurisdiction.
● If a person possesses a criminal record history involving a very serious nature of
the offence, as per the view of the State Government.
● A person committed an offence under this Act.
● If a person directly or indirectly owns or has a share or interest in any business
related to machinery, industrial equipment, or any other related devices or
instruments for air quality improvement or pollution control.
● A person who holds the position of a director, manager, employee, other regular
salaried officer, or a secretary in the company that has a contract with the Board,
Government, local authority, or government controlled company for air quality
programmes.
● If a person misuses their power or role in a way that harms the public, as
determined by the State Government.

As per Section 8(2) of the Act, if the member falls under any disqualifications as stated in
Section 8(1), the State Government can remove such member from their position. While
removing the members from their position on any one of the grounds, the State Government
needs to issue a written letter for removal and also give the opportunity of hearing to such
members. No matter what is stated under Section 7(1) and Section 7(6) of the Act, members
will be removed from their services if they are found under any

Sample of Effluents: Procedure; Restraint Order

Section 26(1) states that samples of air or emissions may be taken from any chimney, flue,
duct or any outlet as prescribed. The samples shall be admissible in legal proceedings only
on the compliance of conditions laid down in Sections 26(3) and 26(4). These are-

● The person taking the sample shall notify the occupier or agent of such occupier,
of the place from where the sample has been taken.
● The sample shall be collected in the presence of the occupier or his agent.
● The sample shall be placed in a container, marked, and sealed. The container
shall be signed by both the person taking the sample and the occupier or his
agent. This sample shall be sent to labs for testing and analysis.

In a condition where the occupier or agent wilfully absents himself, then the sample shall be
put into the container and be signed by the person taking the sample only. In a condition
where the sample is being taken in the presence of the occupier or agent, and such occupier
or agent refuses to sign the container, the person taking the sample shall sign the container.

disqualification grounds. Such removed members can’t continue their office until their
replacement takes over, and they can’t be nominated again.

Air Pollution Control Areas

Section 19. Power to declare air pollution control areas.

(1) The State Government may, after consultation with the State Board, by notification in the
Official Gazette declare in such manner as may be prescribed, any area or areas within the
State as air pollution control area or areas for the purposes of this Act.

(2) The State Government may, after consultation with the State Board, by notification in the
Official Gazette,--
(a) alter any air pollution control area whether by way of extension or reduction;
(b) declare a new air pollution control area in which may be merged one or more existing air
pollution control areas or any part or parts thereof.

(3) If the State Government, after consultation with the State Board, is of opinion that the use
of any fuel, other than an approved fuel, in any air pollution control area or part thereof, may
cause or is likely to cause air pollution, it may, by notification in the Official Gazette, prohibit
the use of such fuel in such area or part thereof with effect from such date (being not less
than three months from the date of publication of the notification) as may be specified in the
notification.

(4) The State Government may, after consultation with the State Board, by notification in the
Official Gazette, direct that with effect from such date as may be specified therein, no
appliance, other than an approved appliance, shall be used in the premises situated in an air
pollution control area:Provided that different dates may be specified for different parts of an
air pollution control area or for the use of different appliances.

(5) If the State Government, after consultation with the State Board, is of 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, by notification in the Official Gazette, prohibit
the burning of such material in such area or part thereof.
 Noise Pollution

Meaning - Noise pollution refers to the presence of excessive or disturbing sounds in the
environment that negatively affect the health and well-being of humans, animals, and
ecosystems. It typically involves unwanted or harmful noise levels produced by industrial
activities, transportation (cars, planes, trains), construction, or other urban and technological
sources. Chronic exposure to noise pollution can lead to various health issues, including
stress, hearing loss, sleep disturbances, and cardiovascular problems.

Causes and Sources of Noise Pollution

Following are the causes and sources of noise pollution:
Industrialisation: Industrialisation has led to an increase in noise pollution as the use of
heavy machinery such as generators, mills, huge exhaust fans are used, resulting in the
production of unwanted noise.

Vehicles: Increased number of vehicles on the roads are the second reason for noise
pollution.

Events: Weddings, public gatherings involve loudspeakers to play music resulting in the
production of unwanted noise in the neighbourhood.

Construction sites: Mining, construction of buildings, etc add to the noise pollution.

Effects of Noise Pollution on Human Health

Noise pollution can be hazardous to human health in the following ways:
Hypertension: It is a direct result of noise pollution which is caused due to elevated blood
levels for a longer duration.

Hearing loss: Constant exposure of human ears to loud noise that are beyond the range of
sound that human ears can withstand damages the eardrums, resulting in loss of hearing.

Sleeping disorders: Lack of sleep might result in fatigue and low energy level throughout
the day affecting everyday activities. Noise pollution hampers the sleep cycles leading to
irritation and an uncomfortable state of mind.

Cardiovascular issues: Heart-related problems such as blood pressure level, stress and
cardiovascular diseases might come up in a normal person and a person suffering from any
of these diseases might feel a sudden shoot up in the level.

Prevention of Noise Pollution

Some noise pollution preventive measures are provided in the points below.
● Honking in public places like teaching institutes, hospitals, etc. should be banned.
● In commercial, hospital, and industrial buildings, adequate soundproof systems
should be installed.
● Musical instruments’ sound should be controlled to desirable limits.
● Dense tree cover is useful in noise pollution prevention.
● Explosives should not be used in forest, mountainous and mining areas.
 Noise Pollution Control Order, 2000
The Noise Pollution (Regulation and Control) Rules, 2000 were established under the
Environment (Protection) Act, 1986, with the aim of controlling and regulating noise pollution
in India. These rules focus on setting limits for noise levels in various zones to protect public
health and ensure a peaceful environment.

Key Provisions:
1. Classification of Zones:
○ Areas are divided into Industrial, Commercial, Residential, and Silence
Zones. Silence zones include areas near hospitals, courts, and educational
institutions.
2. Permissible Noise Levels:
○ Noise levels are prescribed for both daytime (6 AM to 10 PM) and nighttime
(10 PM to 6 AM). For example, the permissible limit in residential areas is
55 dB during the day and 45 dB at night, while in silence zones, it is 50 dB
during the day and 40 dB at night.
3. Loudspeaker Use Restrictions:
○ The use of loudspeakers, sound systems, and amplifiers is banned between
10 PM and 6 AM, except in emergencies or with special permission for
specific events.
4. Vehicular and Industrial Noise Control:
○ Vehicles must adhere to noise emission standards, and unnecessary honking,
especially in silence zones, is prohibited. Industries and construction activities
must follow sound regulations, particularly in residential areas during
nighttime.
5. Complaint Mechanism:
○ Citizens can report violations to local authorities like the State Pollution
Control Board (SPCB) or the police, who are empowered to take action
against noise polluters.
6. Penalties:
○ Violators, especially in silence zones or those breaching nighttime limits, face
fines, confiscation of equipment, and other legal penalties.

These rules are crucial for reducing noise pollution, which can lead to various health issues
such as hearing loss, stress, and sleep disturbances.

Land Pollution

What is Land Pollution?

The degradation of the earth’s land surfaces, both above and below ground level, is
referred to as land pollution.

Land pollution occurs when trash, compost, and other toxins are dumped on the
land, contaminating or polluting it. Land pollution is caused by human activities such
as littering and waste washed ashore from boats, oil rigs, and sewage treatment
plants.

The degradation of the earth’s land surfaces, both above and below ground level, is
referred to as land pollution. The accumulation of solid and liquid waste products,
which contaminate groundwater and soil, is the cause. The greater the permeability
of the soil, the greater the risk of land contamination.

Land Pollution Causes

Soil pollution is a form of land pollution in which the soil’s upper layer is harmed.
Overuse of chemical fertilizers, soil degradation caused by running water, and other
pest control measures contribute to the loss of agricultural land, forest cover, and
grazing pastures, among other things.

Various Causes of Land Pollution are listed below.

● Agricultural Activities – As animal production grows, it becomes decoupled from crop

production, causing normal nutrient cycles between plants, soil, and animals to be
severely disrupted, resulting in the widespread use of synthetic herbicides, insecticides,
bactericides, and fertilizers, all of which contribute to pollution.
● Mining Activities – Mining has the potential to pollute the air and water supply, damage
biodiversity and ecosystems, and permanently alter natural landscapes. Mining harms
the ecosystem by destroying habitats, causing soil erosion, and polluting surface water,
groundwater, and soil.
● Urbanization – Intensive urbanization will exacerbate poverty by preventing local
municipalities from providing services to all residents. Increased air pollution from
concentrated energy usage has a direct effect on human health. Lead levels in urban air
are elevated as a result of automobile emissions.
● Nuclear Waste – The soil is also contaminated by radioactive waste from nuclear
research stations and nuclear power plants, as well as radioactive fallout from nuclear
explosions. Since radioactive materials have a long half-life, they can survive in the soil
for long periods of time.

Land Pollution Effects

Land pollution can harm the human body in a variety of ways. Toxic waste and
contaminants can be ingested by people. Disposal of hazardous radioactive wastes
also contributes to land contamination. Chronic respiratory disease, lung cancer,
heart disease, and even brain damage are all long-term health consequences.

Various Effects of Land Pollution are listed below.

 ● Climate Change – Land contamination, such as that caused by mining, farming, and
factories, may allow harmful chemicals to enter the soil and water. These chemicals have
the potential to kill animals and plants, destroying the food chain. Landfills emit methane,
a greenhouse gas that contributes to global warming.
● Acid Rain – Forests, especially those at higher elevations, are also harmed by acid rain
and fog. Acid deposits deplete vital nutrients like calcium and allow aluminum to be
released into the soil, making it difficult for trees to absorb water. Acids also damage the
leaves and needles of trees.
● Deterioration of fields – A chain reaction occurs as a result of soil contamination. It
alters soil biodiversity, decreases soil organic matter, and reduces soil’s filtering ability. It
also contaminates water contained in the soil and groundwater, resulting in nutrient
imbalances in the soil.
● Respiratory health problems – Air pollution can irritate your airways, causing shortness
of breath, coughing, wheezing, asthma attacks, and chest pain. Lung cancer, heart
attacks, strokes, and, in the worst-case scenario, premature death are all risks
associated with air pollution exposure.

Solutions to Land Pollution

To reduce land emissions, reduce, reuse, and recycle. It is essential to practice
reforestation and afforestation. Organic fertilizers, an integrated pest control method,
and crop rotation can all be used by farmers. One of the most important ways to help
minimize landfill waste, protect natural resources, preserve wildlife, reduce noise,
reduce energy use, and slow global warming is to incorporate recycling habits into
your everyday life.

Reforestation avoids river and lake silting by reducing surface erosion and
preserving the fertile topsoil. It prevents the soil surface from sealing and cuts down
on the amount of rainwater that runs off. When compared to petroleum-based
plastics, biodegradable plastics produce significantly less waste. As biodegradable
plastics degrade, they decompose into nontoxic, harmless components. Just 32% of
the greenhouse gases released by petroleum-based plastics are produced by them.

Q. Is there any specific legislation governing land pollution in India? if not than
make a list of legislations governing land pollution in india

Ans. India doesn't have a specific legislation exclusively focused on land pollution. However,
various environmental laws indirectly address land pollution, especially by regulating
activities that cause soil contamination, improper waste management, and industrial
emissions.

Here’s a list of significant Indian legislations that contribute to regulating land pollution:

1. The Environment (Protection) Act, 1986

 ● A comprehensive umbrella law that provides measures for the protection and
improvement of the environment. It authorizes the central government to regulate
activities that may harm the environment, including those contributing to land
pollution.

2. The Hazardous and Other Wastes (Management and Transboundary Movement) Rules,
2016

● Governs the management of hazardous waste that can cause severe damage to the
land and the ecosystem if not handled properly.

3. The Solid Waste Management Rules, 2016

● Regulates the proper collection, segregation, and disposal of municipal solid waste to
prevent land pollution.

4. The E-Waste (Management) Rules, 2016

● Governs the disposal and recycling of electronic waste, preventing contamination of

land from toxic substances found in e-waste.

5. The Bio-Medical Waste Management Rules, 2016

● Ensures the proper disposal of bio-medical waste, which can significantly contribute
to land pollution if not treated and disposed of properly.

6. The Plastic Waste Management Rules, 2016

● Aimed at reducing plastic waste on land by regulating the production, sale, and
disposal of plastic products.

7. The National Green Tribunal Act, 2010

● Empowers the National Green Tribunal (NGT) to handle environmental disputes,

including those involving land pollution caused by waste mismanagement, illegal
mining, and industrial activities.

8. The Water (Prevention and Control of Pollution) Act, 1974

● Although this law primarily addresses water pollution, it has provisions related to the
regulation of effluent discharge from industries, which can contaminate land as well.

9. The Air (Prevention and Control of Pollution) Act, 1981

● Primarily designed for controlling air pollution, but it also includes regulations on
industrial emissions that lead to land contamination through settling pollutants.

10. The Public Liability Insurance Act, 1991

● Requires companies that handle hazardous substances to provide insurance against

accidents that may cause pollution, including soil contamination.

11. The National Forest Policy, 1988

 ● Indirectly addresses land pollution by promoting afforestation and preventing soil
erosion.

12. The Mines and Minerals (Development and Regulation) Act, 1957

● Regulates mining activities, which can cause significant land degradation and
pollution through waste and chemical disposal.

13. The Indian Penal Code, 1860 (Section 268, Public Nuisance)

● Under certain circumstances, land pollution caused by negligence or intentional

actions can be prosecuted under this section for causing public nuisance.

These laws, while not exclusively designed to combat land pollution, collectively regulate
various aspects of activities that contribute to it. The effectiveness of these laws often
depends on their enforcement at the state and local levels.

Q.what are institutional as well as individual measures curbing land pollution in

india?

Ans Curbing land pollution in India requires a combination of institutional frameworks, legal
enforcement, public awareness, and individual responsibility. Both institutional and individual
measures play crucial roles in mitigating the problem. Here's a breakdown of these
measures:

Institutional Measures
1. Legislations and Regulations
○ Enacting and enforcing laws such as the Environment (Protection) Act,
1986, Solid Waste Management Rules, 2016, and other waste management
rules to regulate industrial and municipal waste, hazardous substances, and
e-waste disposal.
2. Pollution Control Boards (CPCB and SPCBs)
○ The Central Pollution Control Board (CPCB) and State Pollution Control
Boards (SPCBs) monitor compliance with environmental standards, regulate
industrial waste, and ensure that waste management norms are followed to
reduce land pollution.
3. National Green Tribunal (NGT)
○ The NGT provides a legal platform for quick resolution of environmental
cases, including those related to land pollution caused by illegal waste
dumping or industrial pollution.
4. Waste Management Infrastructure
○ Establishment of waste segregation, recycling, and treatment plants across
urban and rural areas. For example, solid waste management facilities for
composting, recycling e-waste, and bio-medical waste treatment units help
reduce land pollution.
5. Swachh Bharat Mission (SBM)
○ The Swachh Bharat Abhiyan focuses on cleanliness and sanitation,
promoting waste segregation at the source and reducing open dumping of
waste, which significantly contributes to land pollution.
6. Sustainable Industrial Practices
○ Industries are encouraged or mandated to adopt sustainable practices like
zero discharge systems, green manufacturing, and cleaner production
techniques to reduce industrial land contamination.
 7. Plastic Waste Management Initiatives
○ Government policies encouraging bans or reductions on single-use plastics
and promoting biodegradable alternatives. Initiatives like Extended Producer
Responsibility (EPR) for plastic waste ensure that manufacturers take
responsibility for the lifecycle of their plastic products.
8. Promotion of Afforestation and Soil Conservation
○ Institutions like the Forest Department promote afforestation and
reforestation activities to prevent soil erosion, which is a contributor to land
degradation. The National Afforestation Program is one such initiative.
9. Urban Local Bodies (ULBs)
○ Municipal bodies are responsible for proper waste collection, disposal, and
management in urban areas. They are key players in enforcing waste
management rules, establishing waste segregation systems, and managing
landfills effectively.
10. Incentivizing Recycling and Upcycling
○ Encouraging industries and individuals to participate in recycling programs by
providing tax incentives, subsidies, and awareness campaigns for waste
recycling and upcycling.
11. Corporate Social Responsibility (CSR) Initiatives
○ Industries are increasingly participating in land conservation projects, waste
management, and afforestation through CSR programs aimed at reducing
their ecological footprint.

Individual Measures
1. Waste Segregation at Source
○ Segregating waste into categories like biodegradable, non-biodegradable,
and hazardous waste helps in proper disposal and recycling. Individuals are
responsible for separating household waste to ease the recycling process.
2. Reduce, Reuse, Recycle (3Rs)
○ Reducing the generation of waste, reusing items as much as possible, and
participating in recycling initiatives significantly reduce the burden on landfills
and curb land pollution.
3. Composting Organic Waste
○ Individuals can engage in home composting of kitchen and garden waste,
turning organic material into compost that enriches the soil and reduces
landfill load.
4. Minimizing Use of Plastics
○ Reducing the use of single-use plastics and opting for eco-friendly
alternatives helps mitigate land pollution caused by plastic waste, which takes
centuries to decompose.
5. Participating in Clean-Up Drives
○ Local community-driven clean-up initiatives such as those under the Swachh
Bharat Abhiyan help in reducing land pollution in urban areas, beaches, and
natural landscapes.
6. Planting Trees and Promoting Green Spaces
○ Afforestation and gardening not only beautify urban spaces but also prevent
soil erosion and reduce land degradation. Individuals can participate in tree
plantation drives and maintain green spaces in their communities.
7. Avoiding Chemical Pesticides and Fertilizers
○ Reducing the use of harmful pesticides and fertilizers in agriculture and home
gardening, and opting for organic alternatives, can reduce soil contamination.
8. Proper Disposal of E-Waste
 ○ Individuals should dispose of electronic waste like mobile phones, batteries,
and appliances through authorized e-waste recycling centers, instead of
dumping them in landfills where they can leach harmful chemicals into the
soil.
9. Reducing Carbon Footprint
○ Small actions like reducing energy consumption, using public transport, and
switching to sustainable products and packaging materials contribute
indirectly to reducing land pollution by lowering the demand for
resource-intensive processes that degrade land.
10. Raising Awareness
○ Educating others, especially within local communities, about the importance
of proper waste disposal, reducing pollution, and encouraging sustainable
living practices.
11. Conservation of Resources
○ Limiting the excessive use of natural resources like water and soil, and
adopting conservation practices that prevent land degradation.

Conclusion
Both institutional and individual efforts are critical to effectively curb land pollution in India.
Institutions provide the legal framework, regulations, infrastructure, and enforcement, while
individuals' daily habits and contributions create sustainable, lasting change at the
grassroots level. A collaborative approach between government, industries, and citizens is
essential for reducing land pollution.