MEANING AND DEFINITION OF ENVIRONMENT, ENVIRONMENTAL POLLUTION, ITS KINDS, CAUSES

1. INTRODUCTION The word environment is derived from French term environer which means surrounding, external
condition influencing development or growth of people, animals or plants, living or working conditions, etc.

MEANING OF ENVIRONMENT The expression env. is a very wide concept as it takes into account all factors which
directly or indirectly have bearing upon the natural surroundings of human being:

4. MEANING OF ENVIRONMENTAL POLLUTION According to S. 2(c) of the Environment (Protection) Act, 1986,
environment pollution means the presence in the environment of any environmental pollutant. And environmental
pollutant means any solid, liquid or gaseous substance present in suchoncentration as may be, or tend to be,
injurious to environment pollution may be defined as contamination of the environment in such a way that it creates
hazard or potential hazards to health

SOURCES OF POLLUTION 1) industrial source2) urban source3) agricultural 4) human pop. sou

CLASSIFICATION OF POLLUTION AND ITS EFFECT

a) Air pollution - as per S. 2(a) air pollutant means any solid, liquid or gaseous substance including noise present in
the atmosphere in such a concentration as may be or tend to be injurious to human beings or other living
creatures or plants or property or environment. Effect of air pollution - Air pollution adversely affects human
beings and their environment, The extent of air pollution depends heavily on how weather disposes of the
pollutants. Some of the... major pollutants are Ammonia, Sulphur dioxide, Carbon Monoxide, Nitrogen dioxide. Air
pollution is in the form of smoke, fume, dust, odour gas,

b) Water pollution - Water pollution means such contamination of water or such alteration of the physical, chemical
or biological properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or
solid substance into water.. Sources and effects of water pollution - The most important sources of water pollution
are industrial wastes, untreated sewage, agricultural waste materials, thermal pollution and radioactive waste.
Effect-Killing fish and other animals, encourages growth of bacteria that deoxygenate water and this in turn kills
aquatic animals, addition of hot water holds less oxygen not sufficient to support life, addition of pathogenic
organisms cause diseases in human and domestic animals, addition of fluoride containing compounds may cause
plurasis.

c) Land or soil pollution - This pollution diminishes the productivity of the soil which affects human beings by passing
certain types of anti-human health elements in the soil which by natural process takes place in the foodgrains and
ultimately proves fatal and hazardous to the human being and other creatures using crops and foodgrains. The major
sources of land pollution are industries such as pulp and paper mills, oil refineries, power and heating plants,
chemical and fertilizers manufacturers, iron & steel plants, plastic and rubber producing complexes and so on Effect
of soil pollution - It is found that more than 25 human diseases are direct result of soil pollution. They are plague,
dysentery, diarrhea and many human diseases.

d) Noise pollution - Noise is unwanted sound. Numerous human activities result into production of noise of one or
the other kind. The sources of noise pollution are aircraft and airports, vehicular traffic, railways and sub-ways,
industrial activities, hearing, cooling, ventilating and air-conditioning equipment. Effect of noise pollution The effect
of noise pollution on human mechanism could physiological and behavioural. The physiological effect of noise
pollution may result into loss of impairment of hearing.

e) Radioactive pollution - Radioactive pollution of the environment is on increase background radiation, emerging
from the activities of man involving the use of naturally occurring or artificially produced materials. Radiation effects
are hazardous not only to the employees engaged in radiation work but also to the general public.
CAUSES AND SOURCES OF ENVIORNMENT POLLUTION :

a) Deforestation -Forests are invaluable property of nation because they provide raw materials to modern
industries, timber for building purposes, habitats for numerous types of animals and micro-organism. It has caused
serious environmental problems such as soil erosion; increase the frequency of the floods and incidence of the
drought due to decrease in precipitation of the water. The major causes of deforestation at global and regional levels
are conversion of forest land into agricultural land, shifting cultivation, transformation of forest into pastures,
overgrazing, forest fires, lumbering, multipurpose river project etc. Thus, deforestation has adversely affected
natural environment. The expensive loss of forest has serious economic and ecological implementation. It has
increase concentration of carbon dioxide in the atmosphere.

b) Technological development- The excessive exploitation of natural resources and their misuse by human being in
the name of technological development have unfortunately led to a serious ecological crisis. The nature of
productive technology in recent years is closely related to environmental crisis. It is observed that the more the
economic and industrial development in the world, the more the danger to the environment

c) Agricultural development -The expansion of agricultural land increasing agricultural productivity. It is due to the
development of modern scientific and advanced technologies by use of chemical fertilization has increased the
production. This has solved the problem of growing demand of food due to ever increasing world population on one
hand; it has also created hazardous environmental problems of serious concerned on the other hand. The
agricultural development degrades the environment through application of chemical fertilizers and pesticides and
insecticides, through the increase in irrigational facilities and amount of irrigation by making changes in biological
community.

d) Population growth - Growth of human population at alarming rate is the most significant of the lowering of
environmental quality and ecological balance. Industrial expansion, urban growth, agricultural development,
increase in means in transport and communication etc. are the result of population growth. The over population is
the root cause of environmental degradation and ecological imbalance.The increase in population causes more
exploitation of natural resources. The increase in the rate of the population growth puts a heavy demand on the
natural resources like water, air, soil and forests etc.

e) Industrial development - Industrial development has created many fold environmental problems. The rapid rate
of industrialization resulted into rapid rate of exploitation of natural resources and increased industrial output. The
exploitation of natural resource in order to meet the industrial demands of raw materials has resulted intoa) the
reduction of forest covers due to reckless following of tress, b) excavation of land for mining purposes, c) reduction
in arable land due to industrial expansion, d) lowering of ground water level due to excessive withdrawal of ground
water) collapsing of ground surface due to withdrawal of mineral oil and ground water etc. increasing industrial
expansion is responsible for the release of enormous quantity of pollutant, solid, liquid and gaseous causes
environmental hazard.

f) Urbanization - The expansion of new urban centers because of industrial expansion and development has resulted
into rapid rate of exploitation of natural resources and several types of environment degradation and pollution.. The
increasing urbanization means increase in the concentration of the human population in limited space which results
in the increase of building, roads and streets, sewage, drains, vehicles, number of factories, waste, dust, sewages
water etc. caused several environmental problems.

g) Modern productive technology - The development of modern technologies has created most of the present day
environmental problem. Modern techniques have enabled the man to construct huge dam and reservoir for the
purpose of irrigation and generation of hydro electricity required by the industrial sector for its processes and by
domestic sector to increase the comfort of human beings. Such activities create several environmental problems of
greater dimensions. Lickage of toxic gases from chemical plants not only pollutes the air but also causes
FUNDAMENTAL RIGHTS, DIRECTIVE PRINCIPLES OF STATE POLICIES, FUNDAMENTAL DUTIES, IMPLEMENTATION OF
INTERNATIONALOBLIGATIONS

1. INTRODUCTION Indian Constitution provides for special provisions for environmental protection. An
environmental protection has been given a special status in Indian polity. The High Courts of the States and the
Supreme Court of this country has given new interpretation to this Constitutional provisions under Art.21 of the
Indian Constitution..

2. ENVIRONMENTAL PROTECTION AND FUNDAMENTAL RIGHTS

a) The right to a wholesome environment The attitude of the Supreme Court to look at fundamental rights given in
Part III of the Indian Constitution is completely changed after the decision of Menaka Gandhi case. Art. 21 becomes
more meaningful after emergency enforced by the then Prime Minister, Smt. Indira Gandhi. expanded to include
environmental protection.Case law Rural Litigation and Entitlement Kendra, Dehradun v. State of Uttar Pradesh,
AIR 1988 SC 2187. In July, 1983, representatives of the Rural Litigation and Entitlement Kendra, Dehradun wrote to
the Supreme Court alleging that illegal limestone mining in the Mussoorie- Dehradun region was devastating the
fragile ecosystems in the area.

b) The right to livelihood the right to life - the right to livelihood - can potentially check government actions with an
environmental impact that threaten to dislocate poor people and disrupt their lifestyles Conservative estimates
place the figure of India s project displaced people over the past four decade at 16 million no more than a quarter of
whom were satisfactorily rehabilitated. The Supreme Court recognised the right to livelihood in the case of Olga
tellis v. Bombay Municipal Corporation, AIR 1986 SC 180. The petitioners, a journalist and two pavement dwellers,
challenged a government scheme to deport pavement dwellers from Bombay to their places of origin. The main
plank of the petitioners argument was that the right to life includes the right to livelihood, and since the pavement
dwellers would be deprived of their livelihood if they were evicted from their slum and pavement dwellings, their
eviction would be tantamount to deprivation of their life, and was hence unconstitutional.

c) The right to equality the right to equality guaranteed in Art. 14 of the Constitution may also be infringed by
government decisions that have an impact on the environment. Art. 14, among other things, strikes at arbitrariness
because ab action that is arbitrary must necessarily involve a negation of equality. Thus, urban environmental groups
frequently resort to Art. 14 to quash arbitrary municipal permissions for construction that are contrary to
development regulations. Besides, Art. 14 may also be invoked to challenge government sanctions for mining and
other activities with high environmental impact, where the permissions are arbitrarily granted without an adequate
consideration of environmental impacts. In State of Himachal Pradesh v. Ganesh Wood Products, AIR 1996 SC 149,
159, 163, the Supreme Court held that a decision making authority must give due weight and regard to ecological
factors such as the environmental policy of government and the sustainable use of natural resources. A government
decision that fails to take into account relevant considerations affecting the environment is invalid.

d)Freedom to trade vis-à-vis environmental protection As environmental regulation grows more stringent and its
enforcement becomes more vigorous, industrial challenge to agency action is likely to increase. Courts will then
need to balance environmental interests with the fundamental right to carry on any occupation, trade or business
guaranteed in Art. 19(1)(g). For example, effluent discharge standards prescribed by the pollution control boards
may be challenged under Art. 19 for being excessive, too stringent to comply with, despite using the best available
technology, or otherwise unreasonable. Likewise, unreasonable government decisions relating to the siting or
translocation of industry may also be assailed under Art. 19(1)(g). Such future clashes between industry and
enforcement agencies are presaged in the case of Abhilash textile v. Rajkot Municipal Corporation, excerpted
below. Here, the Gujarat High Court was required to balance the right to carry on business against the danger to
public health from the discharge of dirty water onto public roads and drains. While the court adopts a commendable
prosecution-environment stance, is the judgement well reasoned? In Abhilash Textile v. Rajkot Municipal
Corporation,
DIRECTIVE PRINCIPLES OF STATE POLICIES

Some relevant provisions which directly or indirectly related to environmental protection under the Constitution of
India have been enshrined in Part IV, under the heading Directive Principles of State Policies. Though these principles
are not enforceable but are fundamental in the governess of this country and it shall be the duty of the State to
apply them in making laws.

Article 39 of the Constitution lays down that the State shall direct its policy towards securing- (a) that the citizens,
men and women equally have the right to an adequate means of livelihood (b) that the ownership and control of
material resources of the community are so distributed as best to sub serve the common good; (c) that the
operation of economic system does not result in concentration of wealth and means of production to common
detriment; (d) & (e) that the health and strength of workers, men and women, and the tender age of children are not
abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;

Article 39 of the Constitution envisages the distribution and management of material resources, which includes
natural and man-made resources. In such a manner that their concentration and monopoly over their use should not
give rise to ecological imbalance concentration and monopoly over their use should not give rise to ecological
imbalance and health hazards.

Article 42 of the Constitution empowers the State to make provision for securing just and human condition of work
and for maternity relief The State is directed to secure just and humane conditions of work, which can be achieved in
a clean environment.

Article 47 of the Constitution provides that the State shall regard the raising of the level of nutrition and the
improvement of public health as among its primary duties and the standard of living of its people, and in particular,
the State shall endeavour to bring about prohibition of the consumption drinks and of drugs which are injurious to
health. except for medical purposes of intoxicating Under this Article the State is duty bound to improve the public
health. This constitutional duty can be fulfilled only in an atmosphere of clean environment.

Article 48 of the Constitution provides that the State shall endeavour to organise agriculture and animal husbandry
on modern and scientific lines and shall in particular take steps for preserving and improving the breeds and
prohibiting the slaughter of cows and calves and other milky and draught cattles. Thus Article provides for the
security of cows, calves and other milchy and draught cattles which helps in maintaining ecological balance.

Article 49 of the Constitution of India provides that it shall be the obligation of the State to protect every monument
or place or object of artistic or historic interest, declared by or under law made by Parliament to be of national
importance from spoliation, distinguishment, distraction, removal, disposal or export, as the case may be. Protection
of monuments and places and objects of national importance includes the protection from environmental pollution.
Therefore, the State has to make efforts to improve the environment for protecting monuments and places and
objects of national importance.
SUSTAINABLE DEVELOPMENT :

Sustainable development has taken a concrete stage because natural base the conceply finder a state of stress and
degradation. The concept of sustainability lies maintaining harmony between meeting basic human needs alongwith
emphasis on protection and conservation of natural resources. The World Commission on Environment and
Development, 1987 considered sustainable development as the ability to meet the needs of present generation
without compromising the ability of the future generation to meet their needs. Infact, any economic activity that
continues without a healthy balance between the natural resources, its ecology and environmen shall result in
sustainable development. Hence, the Earth, ecology and environment are the three central concerns of the
sustainable development. Now a days, challenges before us are not only how to exploit our natural resources but
also how to conserve and sustain out environment. Resource

As a result of unprincipled use of natural resources, the component of environment is getting impaired raising threat
to survival of human beings. Soil is impoverished (poor), water and air are polluted and there is an increase in
intensity of genetic erosion in plants and animals. Even the climate is getting irreversibly altered due to global
warming and green house effect. The fundamental challenges in the 21st century are to find ways for sustainable
development and that are environmentally sound Human beings are increasingly anxious about this life-support
systems and about the quality of their environment. The side effects of resources used are now far more widely
acknowledged than a generation ago. The state of environment and the use of environmental resources have
become political issues at local, national and international levels.

B) The Precautionary Principle:- (i) Environmental measures - by the State Government and the statute should
attack the causes of environmental degradation. (ii) Where there are threats of severe and, irreversible damage, lack
of scientific certainty should not be used as a reason for postponing measures to prevent environmental
degradation. (iii) The Onus of Proof is on the actor or the developed industrialist to show that his action does not
affect environment. The Precautionary Principle has been accepted as part of the law of the land. Articles 21, 47, 48-
A and 51-A (g) of the Constitution of India give a clear mandate to the State to protect and improve the environment
and to safeguard the forests and wild life of the country. Art. 21. Protection of life and personal liberty - No person
shall be deprived of his life or personal liberty except according to procedure established by law. Art. 47. Duty of the
State to raise the level of nutrition and the standard of living and to improve public health - The State shall regard
the raising of the level of nutrition and the standard of living of its people and the improvement of public health as
among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption
except for medicinal purposes of intoxicating drinks and drugs which are injurious to health. Art. 484. Pursuant to
the Stockholm Declaration tremendous additions of wide import took place in the constitutional scheme concerning
the environmental protection. The Constitution (42nd Amendment) Act, 1976 has incorporated direct provisions for
protection of environment and has made it fundamental duty to protect and improve the environment. The new
Articles 48A and 51A(g) have been inserted in the Constitution which runs as follows: 48A The State shall endeavour
to protect and improve the environment and to safeguard the forests and wild life of the country. 51A It shall be the
duty of every citizen of India (g) to protect and improve the natural environment including forests, lakes, rivers and
wild life, and to have compassion for living creatures.

The Polluter Pays Principle:- The Polluter Pays Principle (PPP), as interpreted by the Supreme Court of India, means
that the absolute liability for harm to the environment extends not only compensate the victims of pollution but also
the cost of restoring the environmental degradation. Thus, it includes environmental costas well as direct costs to
people or property. Remediation of the damaged environment is part of the process of sustainable development and
as such the polluter is liable to pay the cost of the individual suffers as well as the cost of reversing the damaged
ecology. Under this principle it is not the role of government to meet the cost involved in either prevention of such
damage, or in carrying out remedial action, because the effect of this would be to shift the financial burden of the
pollution incident taxpayer. to the In 1972, the member countries of Organisation for Economic Co-operation and
STOCKHOLM CONFERENCE OF HUMAN ENVIRONMENT

In 1968 for the first time Swedish Delegation proposed in General Assembly for conveying a conference on Human
Environment. Accordingly, the United Nations Conference on Human Environment was held at Stockholm (Sweden)
from June 5 to June 16, 1972. It was the first major attempt to solve the global problems of conservation and
regulations of human environment by international agreement on universal level. The Conference was the first
major effort to solve the global problem of protection and improvement of the human environment by international
conference on universal level. The main aim of the Conference was to encourage and provide guidelines for action
by governments and international organisations to protect and improve the human environment.At the end of the
conference, 26 principles were agreed and declared by the participating States. These principles are known as the
Magna Carta on Human Environment. The main contribution of Stockholm Conference of 1972 on Human
Environment includes - i) The Declaration on the Human Environment; ii) The Action plan for the Human
Environment; iii) The Resolution on Institutional Financial Arrangements; iv) Resolution on Designation of a World
Environment Day; v) Resolution on Nuclear Weapons Tests; vi) Resolution on the convening of a Second Conference,
and; vii) Decision to refer to Governments recommendation for action at the national level.

United Nations Environment Programme (UNEP) General Assembly through adoption of a resolution on December
15, 1972, set up a Governing Council for UNEP. The Council was composed of 58 members and not 54 members have
recommended by the Conference. General Assembly elects members for three years. The Governing Council was set
up to perform number of functions. Functions of UNEP 1. To promote International Co-operation in the Environment
field and to recommend appropriate policies to this end. 2. To provide general policy guidance for the direction and
co-ordination of environmental programmes within the United Nations System: 3. To receive and review the periodic
reports of the Executive Director on the implementation of Environmental Programme. 4. To keep under review the
World Environmental Situation in order to ensure that emerging environmental problems of wide international
significance received appropriate and adequate consideration by the Government.

THE RIO DECLARATION ON ENVIRONMENT AND DEVELOPMENT, 1992

Preamble:- The United Nations Conference on Environment and Development, Having met at Rio de Janeiro from 3
to 14 June 1992, Reaffirming the Declaration of the United Nations Conference on the Human Environment, adopted
at Stockholm on 16 June 1972, and seeking to build upon it, With the goal of establishing a new and equitable global
partnership through the creation of new levels of co-operation among States, key sectors of societies and people,
Working towards international agreements which respect the interests of all and protect the integrity of the global
environmental and developmental system, Recognizing the integral and interdependent nature of the Earth, our
home, It has proclaimed 27 principles.The Rio de Janeiro Conference is known as Earth Summit. It has proclaimed 27
principles. It reaffirmed the Stockholm Declaration of 1972. The main objective of the conference was to establish
new and equitable global partnership through creation of new levels of cooperation among States.

CONVENTION ON CLIMATE CHANGE, 1992

One of the conventions adopted at Earth Summit at the Rio de Janeiro in 1992 was the on Climate Change.
Convention The prime objective of the convention is to stablise the greenhouse concentration in the atmosphere at
a level that would prevent dangerous anthropogenic interference with climate system..The effects of global warming
and the depletion of the Ozone layer were so alarming and disastrous that the General Assembly on December 6,
1998 resolved that the climate change was a common concern of mankind and decided that international action was
needed to deal with the problem. The Assembly decided that the United Nations system would give high priority to
the World Climate Programme by the World Meteorological Organization (WMO)…Art. 1 Para 2 of the Convention
lays down that climate change means a change of climate which is attributed directly or indirectly to human activity
that alters the composition of the global atmosphere and which is in addition to natural climate variability observed
over comparable time periods. The climate change may result in the rising sea, changing weather patterns and
increasing risks to human health caused by global warming.
NATIONAL FOREST POLICTY 1952 :

the first ever National Policy on Forests for independent India was enunciated by revising the old policy. This policy
which was declared on 12th May, 1952 outlined the following six paramount important needs as the basis for
formulation of this policy: 1) the need for evolving a system of balanced and complementary land-use, under which
each type of land is allotted to that form of use under which it would produce most and deteriorate least, 2) the
need for checking- a) denudation in mountainous regions, on which depends the perennial water supply of the river
system whose basins constitute the fertile care of the country; b) the erosion progressing space along the treeless
banks of the great rivers leading to ravine formation; and on vast stretches of undulating wastelands depriving the
adjoining fields of their fertility; c) the invasion of sea-sands on coastal tracts, and the shifting of sand dunes, more
particularly in the Rajputana desert; 3) the need for establishment tree lands, wherever possible, for the
amelioration of physical and climatic conditions promoting the general well-being of the people. 4) the need for
ensuring progressively increasing supplies of grazing, small wood for agricultural implements, and in particular of
firewood to release the cattle dung for manure to step up food production; 5) the need for sustained supply for
timber and other forest produce required for defense, communications and industry; 6) the need for the realization
of the maximum annual revenue in perpetuity consistent with the fulfillment of the needs enumerated above. These
vital needs indicate the functions forests are to fulfill and provide the fundamental basis of the policy governing their
future.

NATIONAL FOREST POLICTY 1988:-

New programs and plans were made at all spheres and in the environmental field to the impact was seriously felt.
Thus, to cope with the changing scenario and to overcome the shortcomings of the previous policy, the Government
of India formulated a National Forest Policy in the year 1988 The Preamble of this new policy which was adopted on
7th December, 1988 attributes a host of factors responsible for serious depletion of India s forests. These include
relentless pressure of demand for fuel wood, fodder and timber, inadequacy of protection measures, diversion, for
forest lands for other uses without caring for environmental safeguards and the tendency to look upon forests as
revenue earning resources. The principal aim of the policy is to ensure environmental stability and maintenance of
ecological balance including atmospheric equilibrium which are vital for sustenance of all life forms, human, animal
and plant and it looks upon the forests as national asset to be protected and enhanced for the well being of the
people and the nation.

The basic objectives of the new forest policy are 1) Maintenance of environmental stability through preservation
and, where necessary restoration of the ecological balance that has been adversely disturbed by serious depletion of
the forests of the country. 2) Conserving the natural heritage of the country by preserving the remaining natural
forests with the vast variety of flora and fauna, which represent the remarkable biological diversity and genetic
resources of the country. 3) Checking soil erosion and denudation in the catchment areas of rivers, lakes, reservoirs
in the interest of soil and water conservation, for mitigating floods and droughts and for the retardation of siltation
of reservoirs. 4) Checking the extension of sand-dunes in the desert areas of Rajasthan and along the coastal tracts.
5) Increasing substantially the forest/tree cover in the country through massive afforestation and social forestry
programmes, especially on all denuded, degraded and unproductive lands. 6) Meeting the requirements of fuel
wood, fodder, minor forest produce and small timber of the rural and tribal population. 7) Increasing the
productivity of forests to meet essential national needs. 8) Encouraging efficient utilization of forest produce and
maximizing substitution of wood. 9) Creating a massive peoples movements with the involvement of women, for
achieving these objectives and to minimize pressure on existing forests.
FOREST (Conservation) Act, 1980

Forest (Conservation) Act, 1980 with Amendments Made in 1988 An Act to provide for the conservation of forests
and for matters connected therewith or ancillary or incidental thereto.

Section 2- Restriction on the dereservation of forests or use of forest land for non-forest purpose.

Notwithstanding anything contained in any other law for the time being in force in a State, no State Government or
other authority shall make, except with the prior approval of the Central Government, any order directing-

(1) That any reserved forest (within the meaning of the expression "reserved forest" in any law for the time being in
force in that State) or any portion thereof, shall cease to be reserved; (ii) That any forest land or any portion thereof
may be used for any non-forest purpose; (iii) that any forest land or any portion thereof may be assigned by way of
lease or otherwise to any private person or to any authority, corporation, agency or any other organization not
owned, managed or controlled by Government; (iv) that any forest land or any portion thereof may be be cleared
cleared of of trees which have grown naturally in that land or portion, for the purpose of using it for reforestation.

Section 3- Constitution of Advisory Committee The Central Government may constitute a Committee consisting of
such number of persons as h may deem fit to advise that Government with regard to (1) The grant of approval under
Section 2; and (ii) Any other matter connected with the conservation o of forests which may be referred to h by the
Central Government.

Section 3A-Penalty for contravention of the provisions of the Act Whoever contravenes or abets the contravention
of any of the provisions of Section 2, shall be punishable with simple imprisonment for a period which may extend to
fifteen days.

Section 3B- Offences by the Authorities and Government Departments

(1) Where any offence under this Act has been committed- (a) By any department of Government, the head of the
department; or

(b) By any authority, every person who, at the time the offence was committed, was directly in charge of, and was
responsible to, the authority for the conduct of the business of the authority as well as the authority; Shall be
deemed to be guilty of the offence and shall be liable to be proceeded against and punished

the head of the department, or in the case of an authority, any person other than the persons referred to in clause
(b) of sub-section (1), such officer or persons shall also be deemed to be guilty of that offence and shall be liable to
be proceeded against and punished accordingly.

Section 4- Power to make rules (1) The Central Government may, by notification in the Official Gazette, makes rules
for carrying out the provisions of this Act. (2) Every rule made under this Act shall be laid, as soon as may be after it
is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be
comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule
or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified
form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that role.

Section 5-Repeal and saving(1) The Forest (Conservation) Ordinance, 1980 is hereby replaced. (2) Notwithstanding
such repeal, anything done or any action taken under the provisions of the said Ordinance shall be deemed to have
been done or taken under the corresponding provisions of
Water (Prevention and Control of Pollution) Act, 1974
This Act represented India’s first attempts to comprehensively deal with environmental issues. The Act prohibits the
discharge of pollutants into water bodies beyond a given standard, and lays down penalties for non-compliance. The
Act was amended in 1988 to conform closely to the provisions of the EPA, 1986\

Section 2- Definitions.pollution" means such contamination of water or such alteration of the physical, chemical or
biological properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or
solid substance into water (whether directly or indirectly) as may or is likely to, create a nuisance or 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;

4. CONSTITUTION OF CENTRAL BOARD POWERS AND FUNCTION OF CENTRAL BOARD-S.3The Central Board shall
consist of the following members namely - a) a full-time chairman, being a person having special knowledge or
practical experience in respect b) such number of officials, not exceeding five, to be nominated by the Central
Government to represent that Government; c) such number of persons, not exceeding five to be nominated by the
Central Government,. d) such number of non-officials, not exceeding three, to be nominated by the Central
Government, to represent the interests of agriculture, fishery or industry or trade or any other interest which, in the
opinion of the Central Government, ought to be represented; e) two persons to represent the companies or
corporations owned, controlled or managed by the Central Government, to be nominated by that Government;

Powers and functions of Central Board - s. 16 a advise the Central Government on any matter concerning the
prevention and control of water pollution;. b. co-ordinate the activities of the State Boards and resolve disputes
among them; c. 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;

CONSTITUTION OF state BOARD—sec.4 functions of state Board sec.17 same as central

PENALTIES AND LIABILITIES -- S. 41: Failure to comply with directions under Sec. 20(2), 20(3), 32(1)(c), 33(2) and
33(A)S. 20(2): Power to obtain information u/s. 21-Whoever fails to comply with the direction u/s. 20(2) and 20(3),
be punishable with imprisonment not exceeding three months or with fine which may extend to ten thousands
rupees or with both and in case the failure continue, with an additional fine which may extend to five thousand
rupees for every day

PUNISHMENT Failure to comply provisions of S. 32(1)(c), 33(2) and 33(A)- According to S. 41 such person, officer or
authority shall be liable to be punished for imprisonment for term shall not be less than one year and six months but
which may extend to six years and with fine, Penalty for certain acts S. 42 Whoever, S. 43 provides Penalty for
contravention of provisions S. 24. S. 24: Prohibition on use of stream or well for disposal of polluting matter, etc.

Punishment: S. 43 Whoever contravenes the above provisions of S. 24 shall be punishable with imprisonment fora
term, which shall not be less than one year and six months but which may extend to six years and wh fine.

S. 44 provides punishment for contravention of provisions u/s. 25 and 26-

S. 25: Restrictions on new outlets and new discharges:

Punishment for Sections 25 and 26: S. 44 Whoever contravenes the provisions of S. 25 or 26, shall be punishable
with imprisonment for a term which shall not be less than one year and six months but which may extend to six
years and with fine.

Enhanced penalty after previous conviction: S. 45 If any person who has been convicted of any offence for violation
of the provisions under S. 4 or S. 25 or S. 26 is again found guilty of an offence involving a contravention of the same
provision.
Air (Prevention & Control of Pollution) Act, 1981:

Object of the Air (Prevention & Control of Pollution) Act, 1981: The object of the Act is stated in the Long Title of
the Air Act, An Act to provide for the prevention and control of air pollution for the establishment with a view to
carrying out the aforesaid purposes, of Boards for conferring on and assigning to such Boards powers and functions
relating thereto and for matters connected there with..

Definitions: Sections 2 Pollutant: Section 2(a) Air Pollutant means any solid, liquid and gaseous substance including
noise present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other
living creatures or plants or property or environment.Air Pollution: Section 2(b) Air Pollution means the presence in
the atmosphere of any air pollutant.

Constitution of the State Air Pollution Control Board: Section 5 of the Air Act gives the constitution of the State Air
Pollution Control Board. In any State in which the Water Act , 1974 is not in force or that Act is in force but the State
Government has not constituted a State Board under Water Act, the State Government shall with effect from such
date as it may be, by notification in Official Gazette, appoint, constitute a State Board for

A State Board under this Act shall consist of the following members namely:1)A Chairman, having a special
knowledge or practical experience in respect of matters relating to environmental protection, to be nominated by
State Government. He may be whole time or part time as the State Government may think fit.2)Such number of
Officials, not exceeding five as the State Government may think fit, to be nominated by the State Government to
represent that Government.3)Such number of persons, not exceeding five as the State Government may think fit, to
be nominated by the State Government from amongst the members of the local authorities functioning within the
State

Powers :1.No person shall without the previous consent of the State Board, establish or operate any industrial plant
in an Air Pollution Control Area.2.State Board may make inquiry in respect of application for consent referred
above.3.State Board may grant or refuse the application referred above.4.State Board shall have right to enter, at
all reasonable times with such assistance as it considers necessary to any place.5.State Board is empowered to
call for any information from the occupier or any person carrying on any industry or operating any control
equipment or industrial plant.

Functions:1.To plan a comprehensive programme for the prevention, control or abatement of air pollution and to
secure the execution thereof.2.To advise the State Government on any matter concerning the prevention, control or
abatement of air pollution.3.To collect and disseminate information relating to air pollution.3.To collaborate with
Central Board in organizing the training of persons engaged or to be engaged in programmes relating to prevention,
control or abatement of air pollution and to organize mass education programme relating thereto.4.To inspect, at all
reasonable times, any control equipment, industrial plant or manufacturing and to give, by order, such directions to
such persons as it may consider necessary to take steps for the prevention, control or abatement of air pollution.

PENALTIES AND PROCEDURE -Failure to comply with the provisions of S. 21 or S. 22 or with the directions issued
u/s.31A-S.37. ) Whoever fails to comply with the provisions of S. 21 or S. 22 or directions issued u/s. 31A, shall, in
respect of each such failure, be punishable with imprisonment for a term which shall not be less than one year and
six months but which may extend to six years and with fine

Penalties for certain acts - Whoever - S. 38. (a) destroys, pulls down, removes, injures or defaces any pillar, post or
stake fixed in the ground or any notice or other matter put up, inscribed or placed, by or under the authority of the
Board, 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.
THE ENVIRONMENT (PROTECTION) ACT, 1986

According to Art. 48(A) of the Constitution of India, the State shall endeavour to protect and improve the
environment and to safeguard the forests and wild life of the country, Art. 51 (A)(g) of the Constitution imposes as
one of the fundamental duties on every citizen, the duty to protect and improve the natural environment including
forest, lakes, rivers and wild life and to have compassion for living creature, the Parliament took a step in a direction
to enact law for protection of environment.

2. OBJECTS OF THIS ACT 1. To protect and improve the environment and the matters connected thereto; 2. To
create an authority with adequate powers to control pollution and protect environment. S.1- 1. This Act may be
called as The Environment (Protection) Act, 1986. 2. It extents to whole of India. 3. It shall come into force on 12
November 1986.

3. DEFINITION - Envir onment includes water, air and land and the inter-relationship which exists among and
between water, air and land and human beings, other living creatures, plants, micro-organism and property;

4. GENERAL POWERS OF THE CENTRAL GOVERNMENT-S.3 1. In particular, and without prejudice to the generality of
the provisions of the sub-section (1), such measures may include measures with respect to all or any of the following
matters, namely- i. co-ordination of actions by the State Governments, officers and other authorities ii. planning and
execution of a nation-wide programme for the prevention, control and abatement of environmental pollution; iii.
laying down standards for the quality of environment in its various aspects; iv. laying down standards for emission or
discharge of environmental pollutants from various sources whatsoever:

M.C. Mehta v. Union of India, AIR 1992 SG382, in this case a public interest petition was filed seeking directions
from the apex court to the Government for exhibition of slides in cinema halls containing information and messages
on environment free of cost, spread of relative valuable information relating to environment in national and regional
languages through television and Radio in regular and short-term programmes and for making environment as
compulsory subject in schools and colleges. The Supreme Court accepted the prayers in principle and issued
directions to that effect holding that keeping the citizens informed is an obligation of the Government.

Appointment of officers and their powers and functions - S. (1) Without prejudice to the provisions of sub-section
(3) of S. 3, the Central Government may appoint officers with such designations as it thinks fit for the purposes of
this Act and may entrust to them such of the powers and functions under this Act as it may deem fit. (2) The officers
appointed under sub-section (1), shall be subject to the general control and direction of the Central Government or,
if so directed by that Government, also of the authority or authorities, if any, constituted under sub sec. (3) of S. 3 or

PENALTY FOR CONTRAVENTION OF THE PROVISIONS OF THE ACT AND THE RULES, ORDERS AND DIRECTIONS S. 15
Penalty for contravention of the provisions of the Act and the rules, orders and directions --1) Whoever fails to
comply with or contravenes any of the provisions of this Act, or the rules mad or orders or directions issued
thereunder, shall, in respect of each such failure or contravention be punishable with imprisonment for a term which
may extend to five years or with fine which may extend to one lakh rupees, or with both, and 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

6. OFFENCES BY COMPANIES-S.16 1) Where an offence under this Act has been committed by a company, every
person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company
for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence
and shall be liable to be proceeded against and punished accordingly:

In Santosh Govind v/s. State of Maharashtra, 2013. The Bombay High Court (Aurangabad Bench) declared that the
right to access to clean drinking water is fundamental to life and the State is duty-bound to supply potable water to
the citizens.
Indian Forest Act of 1927
Objective 1.To consolidate all the previous laws regarding forests.2.To give the Government the power to create
different classes of forests for their effective usage for the colonial purpose.3.To regulate movement and transit of
forest produce, and duty leviable on timber and other forest produce.4.To define the procedure to be followed for
declaring an area as Reserved Forest, Protected Forest or Village Forest.5.To define forest offences acts prohibited
inside the Reserved Forest, and penalties leviable on the violation.6.To make conservation of forests and wildlife
more accountable.

Types of Forests 1.Reserved Forests: Reserve forests are the most restricted forests and are constituted by the
State Government on any forest land or wasteland which is the property of the Government. In reserved forests,
local people are prohibited, unless specifically allowed by a Forest Officer in the course of the
settlement.2.Protected Forests: The State Government is empowered to constitute any land other than reserved
forests as protected forests over which the Government has proprietary rights and the power to issue rules
regarding the use of such forests. This power has been used to establish State control over trees, whose timber, fruit
or other non-wood products have revenue-raising potential.3.Village forest: Village forests are the one in which the
State Government may assign to ‘any village community the rights of Government to or over any land which has
been constituted a reserved forest’.

Powers of forest settlement officers - (a) power to enter upon any land and to survey, demarcate and make a map
of the same;(b) the powers of a civil court to compel the attendance of witnesses and the production of documents
and material objects;(c) power to issue a search-warrant under the Code of Criminal Procedure, 1898; and(d) power
to hold an inquiry into forest-offences, and, in the course of such inquiry, to receive and record evidence.Penalties
for acts in contravention of notification under section 30 or of rules under section 32.

(1) Any person who commits any of the following offences, namely:-

a) fells, girdles, lops, taps or burns any tree reserved under section 30, or strips of the bark or leaves from, or
otherwise damages, any such tree;

b) contrary to any prohibition under section 30, quarries any stone, or burns any lime or charcoal or collects, subjects
to any manufacturing process, or removes any forest-produce;

c) contrary to any prohibition under section 30, breaks up or clears for cultivation or any other purpose any land in
any protected forest;

sets fire to such forest, or kindles a fire without taking all reasonable precautions to prevent its spreading to any tree
reserved under section 30, whether standing fallen or felled, or to say closed portion of such forest;

e) leaves burning any fire kindled by him in the vicinity of any such tree or closed portion;

f) fells any tree or drags any timber so as to damage any tree reserved as aforesaid;

g) permits cattle to damage any such tree;

h) infringes any rules made under section 32. shall be punishable with imprisonment for a term which may extend
to six months, or with fine which may extend to five hundred rupees, or with both.

(2) Whenever fire is caused willfully or by gross negligence in a protected forest, the State Government may,
notwithstanding that any penalty has been inflicted under this section, direct that in such forest or any portion
thereof the exercise of any right of pasture or to forest-produce shall be suspended for such period as it thinks fit.
THE SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS (RECOGN. OF FOREST RIGHTS) ACT, 2006

Forest Rights:-

Section 3(1) of the Act says, for the purposes of this Act, the following rights, which secure individual or community
tenure or both, shall be the forest rights of forest dwelling Scheduled Tribes Forest dwelling Scheduled Tribes means
the members of community of the Scheduled tribes who primarily reside in and who depend on the forest or forest
lands for bonafide livelihood needs and includes the Scheduled Tribe postoralist communities, as provided in The
Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, Section 2 (c).and
other traditional forest dwellers on all forest lands, namely:-

a.)right to hold and live in the forest land under the individual or common occupation for habitation or for self-
cultivation for livelihood by a member or members of a forest dwelling Scheduled Tribe or other traditional forest
dwellers, b) community rights such as nistar, by whatever name called, including those used in erstwhile princely
states, Zamindari or such intermediary regimes; c) right of ownership, access to collect, use, and dispose of minor
forest produce which has been traditionally collected within or outside village boundaries; d) other community rights
of uses or entitlements such as fish and other products of water bodies, grazing (both settled or transhumant) and
traditional seasonal resources access of nomadic or pastoralist communities; e) rights including community tenures
of habitat and habitation for primitive tribal groups and pre- agricultural communities; f) rights in or over disputed
land under any nomenclature in any State where claims are disputed; g) rights for conversion of Pattas or leases or
grants issued by any local authority or any State Government on forest lands to titles, h) rights of settlement and
conservation of all forest villages, old habitation, unsurveyed villages and other villages in forests, whether recorded,
notified or not into revenue villages;

3) Recognition, Restoration and Vesting of Forest Rights and Related matters According to Section 4(i) of the Act
notwithstanding anything contained in any other law for the time being in force, and subject to the provisions of this
Act, the Central Government hereby recognizes and vests forest rights in: a) the forest dwelling Scheduled Tribes in
States or area in States where they are declared as Scheduled Tribes in respect of all forest rights mentioned in
section 3; b) the other traditional forest dwellers in respect of all forest rights mentioned in Section3.

6) Offences and Penalties:- As per Section 7 of the Act, where any authority or Committee or officer or member of
such authority or Committee contravenes any provision of this Act or any rule made thereunder concerning
recognition of forest rights, it, or they, shall be deemed to be guilty of an offence under this Act and shall be liable to
be proceeded against and punished with fine which may extend to one thousand rupees;

Provided that nothing contained in this sub-section shall render any member of the authority or Committee or head
of the department or any person referred to in this section liable to any punishment if he proves that the offence
was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such
offence.

7) Cognizance of offences:- As per section 8, no Court shall take cognizance of any offence under section 7unless any
forest dwelling scheduled Tribe in case of a dispute relating to a resolution of a Gram Sabha or the Gram Sabha
through a resolution against any higher authority gives a notice of not less than sixty days to the State Level
Monitoring Committee and the State Level Monitoring Committee has not proceeded against such authority.
THE BIOLOGICAL DIVERSITY ACT, 2002

Salient Features of the Act:-

i) to regulate access to biological resources of the country with the purpose of securing equitable share in benefits
arising out of the use of biological resources; and associated knowledge relating to biological diversity; ii) to conserve
and sustainably use biological diversity. iii) to respect and protect knowledge of local communities related to
biodiversity; iv) to secure sharing of benefits with local people as conservers of biological resources and holders of
knowledge and information relating to the use of biological resources; vi) protection and rehabilitation of threatened
species;.

b) Authorities under the Act:- The Act provides for the establishment of a National Biodiversity Authority by the
Central Government and State Biodiversity Boards by the respective State Governments and also constitution of
Biodiversity Management Committees in local bodies.

c) National Biodiversity Authority:- The Act provides for the establishment of an Authority to be called The National
Biodiversity Authority and the head of fice of such authority will be at Chennai. The Authority shall consist of
Chairperson, who shall be an eminent person in the field of conservation and sustainable use of biological diversity
and in matters relating to equitable sharing of benefits, ten ex-officio members to be appointed by the Central
Government representing various Ministries of the Government of India as prescribed in the Act and five non official
members from amongst scientists and specialists having special knowledge in matters relating to conservation of bio
logical diversity etc. As per the provisions of the Act a National Biodiversity Authority has been set up at Chennai,
vide Gazette Notification dated 1st October, 2003 and the said Authority is in process of developing norms for Access
and Benefit Sharing as related to genetic Resources and Associated knowledge. The Act also provides for their
condition of service, removal, meetings of the Authority etc. The Act also provides that the National Biodiversity and
Authority may constitute a Committee to deal with agro-biodiversity and also may appoint such officers and
employees for efficient discharge of its functions.

d) Functions and Powers of the Authority:- The functions and powers of the National Biodiversity Authority include
regulating activities referred to in Section 3,4 and 6 a) advise the Central Government on matters relating to the
conservation of biodiversity, sustainable use of its components and equitable sharing of benefits arising out of the
utilization of biological resources; b) advise the State Governments in the selection of areas of biodiversity
importance to be notified as heritage sites and measures for the management of such heritage sites; c) perform such
other functions as may be necessary to carry out the provisions of the Act.

D) Penalties:- Section 55 of the Act provides for the contravention of the provisions of Sections 3,4 and 6 and the
punishment prescribed for such contravention is imprisonment for a term which may extend to five years, or with
fine extending upto ten lakh rupees or with both. Further, for contravening sthe provisions of Section 7 or any order
made under Section 24(2) of the Act, the penalty shall be imprisonment for a term which may extend to three years
or fine which may extend to five lakh rupees or with both.

Where a person contravenes any direction given or order made by the Central Government, the State
Government, the National Biodiversity Authority or the State Biodiversity Board for which no punishment has been
separately provided under this Act, he shall be punished with a fine extending upto one lakh rupees. In case of
second or subsequent offence, the fine may extend to tow lakh rupees and for continuous contravention an
additional fine extending to two lakh and for continuous contravention an additional fine extending to two lakh
rupees per day may be imposed during which the default continues.
THE PUBLIC LIABILITY INSURANCE ACT, 1991-

Liability to give relief on principle of no-fault - S.3 S. 3 of the Act provides that where as a result from an accident,
death or injury to any person other than workmen or damage to any property has resulted from an accident, the
owner shall be liable to give such relief as specified in the Schedule of this Act for such death, injury or damage.

Procedure for claim for relief Whenever it comes to the notice of the Collector that an accident has occurred any
place within his jurisdiction, he is to verify such occurrence and after its publication, inviting applications for relief
u/s. 5 of the Act.

Person who can make an application for relief u/s.6 a) person who has sustained the injury; b) owner of the
property to which the damage has been caused; c) where death has resulted from the accident, all or any of the legal
representatives of the deceased; d) any agent duly authorized by such person or owner of such property or all or any
of the legal representatives of the deceased, as the case may be:

Duty of owner to take out insurance policies - S. 4 Every owner is under an obligation to take out one or more
insurance policies providing for insurance whereby he is insured against liability to give relief. He is required to take
out policies before he starts handing any hazardous substance. Where the business was commenced before the
commencement of this Act, the owner must take out the policy within one year from the commencement of this Act.
S. 4(2) provides that the policy so obtained be renewed from time to time before the expiry of the period of the
policy so that it may remain in force

Penalty and Offences:- As per the provision of section 14 of the Act, if the employer or the owner does not taken out
insurance policies or does not keep them alive as long as hazardous process continues or fails to comply with the
directions issued by the Central Government, he shall be punishable with imprisonment for a term not less that one
year and six months which may extend upto six years or with fine of not less than one lakh rupees or with both.

Further, if any owner does not supply any information required to be given as per the provisions of this Act to the
Central Government or obstruct any person from discharging his functions under this Act, the penalty in such a case
is imprisonment upto three months or fine up to ten thousand rupees or with both.

Cognizance of Offence:- Section 18 of the Act provides that 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.
National Green Tribunal

Establishment of the Tribunal:- In 1992, the United Nations Conference on Environment and Development was held
in Rio de Janeiro, India pledged to provide administrative and judicial remedies for the victims who have suffered
problems due to different pollutants and other environmental damage. As a result of this dire need for speedy
justice The National Green Tribunal (NGT) was founded on 18th October, 2010 under the National Green Tribunal
Act, 2010.

3) Composition of the Tribunal:- The tribunal shall consist of the following people: A full-time Chairperson; At least
10 members and not more than 20 members consisting of full-time Judicial officials as notified by the Central
Government from time to time; At least 10 members and not more than 20 members consisting of Experts as
notified by the Central Government from time to time. Tenure of Office: Section 7 of the Act provides that the
Chairperson, Judicial Member and Expert Member of the Tribunal shall hold office for a period of five years from the
date of entering into office and they shall not be eligible for reappointment

Jurisdiction of the National Green Tribunal The National Green Tribunal has the power to hear all civil cases relating
to environment that are linked to the implementation of all the laws listed in Schedule I of the Act. These are
mentioned belo The Water (Prevention and Control of Pollution) Act, 1974; The Water (Prevention and Control of
Pollution) Cess Act, 1977; The Forest (Conservation) Act, 1980;The Air (Prevention and Control of Pollution) Act,
1981; The Environment (Protection) Act, 1986; The Public Liability Insurance Act, 1991; The Biological Diversity Act,
2002.

Functions of the National Green Tribunal Act 1.)It is a body that has expertise in handling the disputes related to the
environment which includes multi-disciplinary issues as well.2)The Code of Civil Procedure, 1908, shall not bind the
Tribunal as it is to be guided by natural justice principles.3) The jurisdiction of the Tribunal shall provide speedy trials
of the environment-related matters and help in reducing the burden of cases pending in the higher courts.4)The
tribunal is mandated to dispose off environment-related issues within 6 months of filing the complaint. 5)It is
required to apply principles such as sustainable development at the time of awarding compensation or giving
orders. 6)It should have in mind the principle that whoever is found polluting will have to pay i.e. the principle of
‘Polluter Pays’.

Powers of Tribunal:- Section 19 of the Act deals with the procedure and powers of the Tribunal. Thus, according to
the provisions of this section, the Tribunal shall not be bound by the procedure laid down by the Code of Civil
Procedure, 1908 but shall be guided by the principles of natural justice and also the Tribunal shall not be bound by
the rules of evidence contained in the Indian Evidence Act, 1872. (i) summoning and enforcing the attendance of
any person and examining him on oath, (ii) requiring the discovery and production of documents; (iii) receiving
evidence on affidavits; (iv) subject to the provisions of Section 123 and 124 of the Indian Evidence Act, 1872,
requisitioning any public record or document or copy of such record or document from any office; (v) issuing
commissions for the examination of witnesses or documents; reviewing its decision 33 (vii) dismissing an application
for default or deciding it ex-parte; (viii) setting aside any order of dismissal of any application for default or any order
passed by it ex-parte; (ix) pass an interim order (including granting an injunction or stay) after providing the parties
concerned an opportunity to be heard, on any application made for appeal filed under this Act; (x) pass an order
requiring any person to cease and desist from committing or causing any violation of any enactment specified in
Schedule I; and (xi) any other matter which may be prescribed.

Penalty for non-compliance of an NGT Order In case of non-compliance with any direction issued by the NGT or any
of its judgements, a penalty can be imposed in which the person may be given imprisonment for about three years
or fine which may extend to Rs. 10 crores or even both. If someone still continues to disobey the orders given by the
Tribunal then in such cases a fine of Rs. 20,000 may be imposed on a daily basis. The NGT is really strict when it
comes to the non-compliance of its orders.