Module 5

Air (Prevention and Control of Pollution) Act of 1981.

During the United Nations General Assembly on Human Environment
held in Stockholm in June 1972, a resolution was passed which implored
the nations of the world to preserve natural resources such as air.
❖ India itself had issues regarding air pollution due to a wide variety of
factors such as stubble burning, improper industrial practices,
environmental factors etc.
❖ To combat these factors a special law was enacted under the
Constitution of India, which was the Air (Prevention and Control of
Pollution) Act of 1981. 1
 Air (Prevention and Control of Pollution) Act of 1981.

❖ Section 2(a) defines an ‘air pollutants’ as any solid liquid or gaseous substance
which may cause harm or damage the environment, humans, plants, animals or
even damage property. A 1987 amendment to the act also added ‘noise’ in the list
of harmful substances.
❖ Section 2 (g) of the Act also set up the Central Pollution Control Board (CPCB)
whose powers extended to the whole of India. To carry out the directives of the
CPCB the act also called for the setting up of the State Pollution Control Board
(SPCB) for the individual states of India.
Penalties and Procedure under the Air Act
❖ The failure to comply with the Central Pollution Control Board directives would
result in imprisonment of 1 year. It can be extended to 6 years with a fine with the
additional fine of 5000Rs per day added provided the directives are still not met.
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 Air (Prevention and Control of Pollution) Act of 1981.

The key features of the Act include:

❖ Advising Central Government of Air and Air Pollution related issues
❖ Research about the causes and impact of Air Pollution
❖ Spread awareness to stop air pollution
❖ To establish central and State Boards and empower them to monitor
air quality and control pollution

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 Environmental Protection Act 1984
This Act makes provision for a framework for the national environment protection policy
and environment protection measures and establishes the National Environmental Protection
Authority.
The 66 sections are divided into 8 Parts:
(I) National Environmental Protection Authority
(II) Objects, Policies, Powers, Functions and Duties
(III) General Rules as to Governmental Action
(IV) Finance
(V) Environmental Advisory Council
(VI) Enforcement
(VII) Miscellaneous
(VIII) The National Environmental Protection Authority is established under section 4 as a
body corporate. 4
 Environmental Protection Act 1984
Objectives of the Authority are set out in section 19.
Functions of the Authority are defined in section 26.
The Authority may in consultation with the Environmental Advisory Council
established under section 40 of this Act; make Regulations with respect to drinking
water, pollutants, use or application of pesticides, fungicides, insecticides, and
other chemicals which have a deleterious or harmful effect on the environment or
any aspect thereof or human health and safety, discharge or hazardous waste, the
preservation of important historical, cultural and natural aspects of the nation's
heritage, and other aspects of the environment which, in the opinion of the
Authority, require regulation. Other powers of the Authority are set out in section
21.
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Specific contents of Regulations to be made are set out in sections 22 to 25.
 Environmental Protection Act 1984

The Authority shall draft a Land Use Scheme in accordance with

sections 27 and 28.
It shall advise the Minister on use and conservation of natural resources
(sect. 29) and rational exploitation of fisheries and of the aquatic
resources (sect. 30).
Sections 33 and 34 require public bodies to prepare environmental
impact statements.
The National Environmental Protection Authority Fund is established
under section 35.
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 Solid Waste Management Rules-2016

✓ The Rules are now applicable beyond Municipal areas and extend to urban masses, census
towns, notified industrial townships, areas under the control of Indian Railways, airports,
airbase, and harbour, defence establishments, special economic zones, State and Central
government organizations, places of pilgrims, religious & historical importance.
✓ The source segregation of waste has been mandated to channelize the waste to wealth by
recovery, reuse and recycle.
✓ Responsibilities of Generators have been introduced to segregate waste in to three streams,
Wet (Biodegradable), Dry (Plastic, Paper, metal, wood, etc.) and domestic hazardous wastes
(diapers, napkins, empty containers of cleaning agents, mosquito repellents, etc.) and
handover segregated wastes to authorized rag-pickers or waste collectors or local bodies.
✓ No person should throw, burn, or bury the solid waste generated by him, on streets, open
public spaces outside his premises, or in the drain, or water bodies.
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 Solid Waste Management Rules-2016:

✓ The concept of partnership in Swachh Bharat has been introduced. Bulk and institutional
generators, market associations, event organizers and hotels and restaurants have been made
directly responsible for segregation and sorting the waste and manage in partnership with
local bodies.
✓ All hotels and restaurants should segregate biodegradable waste and set up a system of
collection or follow the system of collection set up by local body to ensure that such food
waste is utilized for composting /bio-methanation.
✓ All Resident Welfare and market Associations, Gated communities and institution with an
area > 5,000 sqm should segregate waste at source- in to valuable dry waste like plastic, tin,
glass, paper, etc. and handover recyclable material to either the authorized waste pickers or
the authorized recyclers, or to the urban local body.

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 Biomedical Waste Management Rules-2016
Biomedical Waste Management Rules, 2016 (BMWM Rules, 2016) Notified by
Ministry of Environment Forest & Climate Change in March, 2016, stipulates that,
1. Every Healthcare Facility shall take all necessary steps to ensure that biomedical
waste is handled without any adverse effect to human health and the environment.
2. Bio-medical wastes such as pleural fluid, ascetic fluid, HBsAG positive blood,
placenta, etc, are also generated by the Healthcare Facilities (HCFs) which are
being utilized by pharmaceutical industry for production of drugs, reagent
chemicals, markers, etc.
These guidelines provide guidance to Healthcare Facilities as well as the industry /
vendors involved in utilization of biomedical wastes in collection, sending,
transportation, utilization and disposal by ensuring adequate safeguards from risk of
spread of infection during such handling. 9
 Biomedical Waste Management Rules-2016
1. Inform the prescribed authority about the type of biomedical waste which is handed
over to the vendor and accordingly shall amend the authorization while applying
afresh or seeking renewal of the same.
2. Hospitals shall provide bio-medical waste only to those industries / vendors who are
authorized by concerned SPCB/PCC under BMWM Rules, 2016 for collection and
transportation of biomedical waste.
3. Bio-medical waste intended for utilization shall be collected by the nursing staff
directly into the leak proof, puncture proof, tamper proof containers/bottles
provided by the authorized vendor/industry.
4. The containers/bottles containing bio-medical waste shall be stored in temporary
biomedical waste storage area.
5. Records should be maintained indicating the type of biomedical waste, quantity, date
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& time of generation and date of collection by the vendor/industry.
 E- Waste management Rule - 2022
1. The E-Waste (Management) Rules, 2022 have several salient features
2. Registration
3. All manufacturers, producers, refurbishers, and recyclers must register on a portal
developed by the Central Pollution Control Board (CPCB).
4. E-waste collection
5. Manufacturers must collect e-waste generated during the production of electrical and
electronic equipment and ensure it is recycled or disposed of.
6. Annual and quarterly returns
7. Manufacturers must file annual and quarterly returns on the portal.
8. Solar PV modules
9. The rules provide specific responsibilities for manufacturers of solar photo-voltaic
modules, panels, or cells.
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10. Environmental compensation
 E- Waste management Rule - 2022

11. The rules introduce provisions for environmental compensation, verification, and
audit. The scope of environmental compensation has been broadened to include aid and
abetment of any violation of the rules.
12. Steering committee
13. The rules provide for the constitution of a Steering Committee to oversee the
implementation of the rules. The committee monitors and supervises the rules, decides on
disputes, and can revise guidelines.
14. Hazardous substances
15. The rules mandate that producers of EEE and their components ensure that their
products do not contain lead, mercury, and other hazardous substances beyond the
maximum prescribed concentration.
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