Wild Life Protection Act 1972
Wild Life Protection Act 1972
Wild Life Protection Act 1972
Wild Life, which is a part and parcel of the environment, constitutes wealth of the nation. It includes wild animals, birds, plants etc. However, man, in the process of progress and development and also for his selfish ends, is causing much damage to the forests and wild life. Wild life is nature's gift and its decline has an adverse effect of ecology and hence there is an urgent need to protect the wild life. Therefore, in order to protect the wild life from destruction, the Indian Parliament passed the Wild Life (Protection) Act in the year 1972.
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ENVIRONMENT MANAGEMENT
The Act provides for the protection of wild animals, birds and plants; and for matters connected therewith or ancillary or incidental there to. It extends to the whole of India except the State of Jammu and Kashmir which has its own wildlife act. It has six schedules which give varying degrees of protection. Schedule I and part II of Schedule II provide absolute protection - offences under these are prescribed the highest penalties. Species listed in Schedule IV are also protected, but the penalties are much lower. Enforcement authorities have the power to compound offences under this Schedule (i.e. they impose fines on the offenders).
1. Sec. 3 of the Act empowers the Central Govt. to appoint the Director and Asst. Director Wild Life Preservation and other officials and employees. Further,
2. Sec. 4 empowers, the State Govt. to appoint Chief Wild Life Warden, Wild Life Wardens and an Honorary Wild Life Warden in each District and other officers and employees as may be necessary.
It is constituted in each State or Union Territory to advise the State govt. in selection and declaration of Sanctuaries, National Parks, Closed Areas etc. for protection and conservation of wild life.
However, there are certain exceptions. The State Govt. may order to kill or wound in good faith any wild animal for self-defense or to protect or to save another. Any animal so killed or wounded is not an offence and shall be govt. property. The Govt. may permit killing of certain wild animals for academic purpose.
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Any person who contravenes any provision of the act [except chapter V-A (prohibition of trade or commerce in trophies or Animal articles) and section 38 J (prohibition of teasing of animals)] or any rule made there under, or who commits a breach of any conditions of any license or permit granted under this act shall be punishable with imprisonment for a term which may extend to Three years or with fine may extend to Twenty Five Thousand rupees or both.
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If any offence committed in relation to any animal specified in Schedule-I or Part-II of Schedule-II on where offence relates to hunting in a Sanctuary or National Park or altering the boundaries of Sanctuary or National Park such offence shall be punishable with imprisonment for a term which shall not be less than Three years but may extend to seven years and also with fine which shall not be less than Ten Thousand rupees.
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For second & subsequent offence, the term of imprisonment shall not be less than Three years & may extend to Seven years and also fine which shall not be less than Five Thousand rupees
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Any person who contravenes any provisions of chapter V-A i.e. Prohibition of trade or commerce in trophies or animal articles, shall be punishable with imprisonment for a term which shall not be less than Three years and also fine should not less than Ten Thousand rupees.
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Any person who contravenes any provisions of section 38 J [prohibition of teasing of animals] shall be punishable for a term which may extend to Six Months or with fine may extend to Two Thousand rupees or both.
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ENVIRONMENT MANAGEMENT
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ENVIRONMENT MANAGEMENT
WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974
OBJECTIVE An Act to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water, for the establishment, with a view to carrying out the purposes afore- said, of Boards for the prevention and control of water pollution, for conferring on and assigning to such Boards Powers and functions relating thereto and for matters connected therewith.
WHEREAS it is expedient to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water, for the establishment, with a view to carrying out the purposes aforesaid, of Boards for the prevention and control of water pollution and for conferring on and assigning to such Boards powers and functions relating thereto;
AND WHEREAS Parliament has no power to make laws for the States with respect to any of the matters aforesaid except as provided in articles 249 and 250 of the Constitution;
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ENVIRONMENT MANAGEMENT
WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974
OBJECTIVE
AND WHEREAS in pursuance of clause (1) of article 252 of the Constitution resolutions have been passed by all the Houses of the Legislatures of the States of Assam, Bihar, Gujrat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal to the effect that the matters aforesaid should be regulated in those States by Parliament by law;
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ENVIRONMENT MANAGEMENT
WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974
OBJECTIVE 1. (1)Short title, application and commencement. This Act may be called the Water (Prevention and Control of s Pollution) Act, 1974. (2) It applies in the first instance to the whole of the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal and the Union territories; and it shall apply to such other State which adopts this Act by resolution passed in that behalf under clause (1) of article 252 of the Constitution. (3) It shall come into force, at once in the States of Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, .Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal and in the Union territories, and in any other State which adopts this Act under clause (1) of article 252 of the Constitution on the date of such adoption and any reference in this Act to the commencement of this Act shall, in relation to any State or Union territory, mean the date on which this Act comes into force in such State or Union territory.
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ENVIRONMENT MANAGEMENT
WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 1.WATER IS A STATE SUBJECT UNDER THE CONSTITUTION OF INDIA 2. THE CENTRAL GOVERNMENT WAS REQUESTED BY SOME STATES THAT THE PARLIAMENT TO ENACT THIS LAW UNDER ARTICLE 252 OF THE CONSTITUTION.
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ENVIRONMENT MANAGEMENT
WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 OBJECTIVES OF THE ACT TO PREVENT AND CONTROL THE WATER POLLUTION AND TO MAINTAIN OR RESTORE THE WHOLESOMENESS OF WATER. TO CONSTITUTE CENTRAL AND STATE BOARDS FOR THE ADMINISTRATION AND PREVENTION OF WATER POLLUTION TO PROVIDE THE POWERS TO THE BOARDS FOR PREVENTION AND CONTROL OF WATER POLLUTION AND CONTROL AND MAINTAIN THE WHOLESOMENESS OF WATER . TO ESTABLISH CENTRAL STATE WATER TESTING LABS FOR ASSESSING THE EXTENT OF POLLUTION AND LAYING DOWN STANDARDS FOR ESTABLISHING DEFAULT AND OR GUILT. TO PROVIDE AND PRESCRIBE THE PENALTY AND PROCEDURE FOR ESTABLISHING CONTRAVENTION UNDER THE ACT
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ENVIRONMENT MANAGEMENT
WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 CAUSES OF WATER POLLUTION POISONOUS, ABNOXIOUS, HAZARDOUS OR POLLUTING SUBSTANCES AND MATTERS. FAILURE OF SEWAGE DISPOSAL SYSTEM AND OR TECHNOLOGY. USE OF FERTILISERS INDUSTRIAL EFFLUENTS, WASTE MATERIAL ENTERING INTO STREAM DISCHARGE OF QUARRY OR MINE AIR POLLUTION
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ENVIRONMENT MANAGEMENT
WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 MAINTAINING AND RESTORING WHOLSOMENESS OF WATER
24.Prohibition on use of stream or well for disposal of polluting matter, etc.
24. Prohibition on use of stream or well for disposal of polluting matte, etc. (1) Subject to the provisions of this section,-
(a) no person shall knowingly cause or permit any poisonous, noxious or polluting matter determined in accordance with such standards as may be laid down by the State Board to enter (whether directly or indirectly) into any stream or well or sewer or no land. (b) no person shall knowingly cause or permit to enter into any stream any other matter which may tend, either directly or in combination with similar matters, to impede the proper flow of the water of the stream in a manner leading or likely to lead to a substantial aggravation of pollution due to other causes or of its consequences
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ENVIRONMENT MANAGEMENT
WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 SHORTCOMINGS OF THE ACT IT DOES NOT REGULATE THE DRAINAGE AND SANITATION WHICHA RE INSTRUMENTAL IN POLLUTING WATER. THE ACT DOES NOT TREAT SEA AS WATER RESOURCE AND DOES NOT REGULATE THE ENVIRONMENTAL HAZARDS IN RELATION BEACHES AND BAYS THE ACT DOES NOT INVOLVE THE COMMUNITY IN WATER IMPROVEMENT PROGRAMMES. THE ACT DOES NOT CAST UPON THE POLLUTER A DUTY TO PREVENT WATER POLLUTION AND TAKE REMEDIAL MEASURES. THE ACT DOES NOT DEAL WITH THE TERM CALLED DRINKING WATER DISTINCTIVELY. THE ACT FAILS TO ENSURE THE AVAILABILITY OF SAFE DRINKING WATER PER CAPITA PER DAY.
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