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Module 4. Resource Management 1- Legislative and Judicial

Perspective

The Water Act 1974.

Introduction
Water is an essential element of human living. It is very useful only when it is unpolluted. It is
in short supply since 97% of world’s water constitutes seawater, which is unfit for
consumption. Polluted or contaminated water is injurious to health. In order to prevent and
control the pollution of water, the Indian Parliament passed the Water Act, 1974. The main
purpose of the Water Act, as enshrined in its preamble is:
• To prevent and control the pollution of water;
• To maintain and restore the wholesomeness of water;
• The establishment of Boards for prevention and control of water pollution; and
• To confer on such Boards, powers to prevent and control water pollution and
to maintain or restore the wholesomeness of water.

As the above objects pertain to State List, the Parliament has no power to legislate in this
regard except under Arts. 249, 250 and 252. However, the States of Assam, Bihar, Gujarat,
Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh,
Rajasthan, Tripura and West Bengal passed a resolution under Art. 252(1), requesting the
Parliament to enact a law for prevention and control of water pollution. Consequently, the
Parliament passed the Water Act in 1974.

Definitions
Section 2 of the Act contain certain definitions:

• “ Board “ means either the central board or the state board.

• 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.
• Occupier- It means the person who has control over the affairs of the factory or the
premises, and it includes the person in possession of the substance.

• Outlet- It includes any conduit pipe or channel, open or closed, carrying sewage or
trade effluent or any other holding arrangement which causes, or is likely to cause,
pollution.
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• Pollution- It 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 acquatic organisms.

• Sewage effluent- It means effluent from any sewerage system or sewage disposal
works and includes sullage from open drains.

• Stream- It includes river, water course (whether flowing or for the time being dry),
inland water (whether natural or artificial), sub-terranean waters, sea or tidal waters
to such extent or, as the State Government may, by notification in the Official
Gazette, specify in this behalf.

• Trade effluent- It includes any liquid, gaseous or solid substance which is discharged
from any premises used for carrying on any [industry, operation or process, or
treatment and disposal system], other than domestic sewage.

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.
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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.
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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.

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.

According to Section 20 of the Act, the state board also has the power to inspect any land,
conduct surveys or gauge in an area if it thinks fit for controlling or preventing water pollution.
It can also ask any company, industry to dispose of the information pertaining to the
construction, installation, and operation of its establishment. Section 21 of the Act empowers
the state board or any employee on its behalf to analyze any stream or well for the purpose
of preventing and controlling water purpose.

The state board also has the power to stop any person to enter into any poisonous, noxious
or polluting matter determined in accordance with the standards laid down in the Act.
According to Section 25, no person is allowed to set up an industry or start a new operation
or processor to any treatment of sewage without prior approval of the state board, the state
board may grant him a notice of approval and only after that he is entitled to continue or start
a new business.

If a person starts a new operation before prior approval of the board, the board may impose
any conditions as it may think fit for not obtaining notice of approval. Section 27 of the Act
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gives power to the state board not to grant any notice for setting up an industry or
continuation of an existing operation. If the company has been granted permission with some
conditions attached, the state board has the power to review those conditions which it
attached before giving the notice of approval.

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 joint board consists of the following members namely:

1. A chairman who has the knowledge, experience, and qualifications in matters

relating to prevention and controlling environmental pollution.
2. 2 members from each state government nominated by their respective state to
represent the state.
3. A nonofficial appointed by each state to represent the interests of agriculture,
fisheries, trade or any other interest of the participating state.
4. 2 members from the companies, corporations nominated by the central
government which is owned, controlled or managed by the participating state.
5. 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)

Section 6 of the Act mentions the grounds on which a member can be disqualified from being
a member of the board:

1. A person who is judged insolvent or has not paid his debts or has compounded with
his creditors cannot become a member.
2. 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.
3. 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.
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4. 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.

Constitution of the committees (Section 9)

Section 9 permits the central or state board to constitute a committee of members either
from the existing members or totally new members who do not have any connection with the
company for the performance of the duties laid down in the Act.

Members of the committee shall meet at any time or at any place and shall observe any rule
or procedure as it may consider necessary for the performance of its duties. The members
will be paid fees, allowances for attending meetings and performing functions of the board
from time to time.

Provision of appeals (Section 28)

Any person who is aggrieved by the decision of the state board made under section 25 to
section 227, has 30 days time to make an appeal in the concerned appellate authority as
established by the state government. The appellate authority may consist of a single person
or three people as the government may think fit.

Penalties
1. If any person fails to comply with the orders of the board under subsection 2 and
3 of Section 20 then in that case on conviction he is punishable for imprisonment
for 3 months or fine or both.
2. If the person fails to comply with orders of the board under clause e of subsection
1 of Section 32 or with subsection 2 of Section 33 then, in that case, the person
would be punishable with imprisonment for 6 months extending to 6 years or a
fine or both.
3. Apart from the above-mentioned penalties. Section 42 mentions penalties for
different kinds of Acts namely:
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1. If any person removes, destroys or pull down any notice put up by the board.
2. If someone obstructs the member of the board or any other person who is Acting
under the board.
3. If a person fails to produce any information as required by the member of the
board for the performance of his duties.
4. Or if he gives any information to the members which he knows to be false.
Then In all the above Acts if the person is convicted he would be punishable by imprisonment
for a maximum period of 3 months or fine that may extend up to 10,000 rupees or both.

Conclusion:
Water pollution is a big issue in India and controlling and preventing it is another big issue,
till now we are not able to create awareness among the people regarding the importance of
conserving water bodies, this Act certainly provides various agencies that will look to
prevent and control water pollution, the Act lays down various procedures for filing a
complaint and the powers of each and every board.

However more needs to be done and the Act should be made more comprehensive, more
participation should be given to the locals and punishments should be made stricter so that
it Acts as a strong deterrence. Above all these more emphasis should be given on the
implementation aspect as just by making laws you cannot control pollution, proper
implementation is also required.
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The Air Act, 1981

Introduction
Many of us must be aware of the plight of Delhi residents in the winter. The winter fog and
the smoke from stubble burning, vehicles, carried by the incoming northern winds, combine
to make Delhi a ‘gas chamber’. In 2019, Delhi was ranked as one of the most polluted major
cities in the world. In these circumstances, we must examine the law framed by India to
combat air pollution and whether it is enough to combat air pollution.

What was the need for this Act?

Sweden first suggested to the United Nations that there should be a global conference to
discuss and prevent pollution and degradation of natural resources. Therefore, with the
passing of the General Assembly Resolution 2398, the United Nations Conference on the
Human Environment was held in Stockholm in June 1972. In this conference, it was decided
that the countries would undertake steps to preserve the natural resources, which also
includes air. Accordingly, the Indian government enacted specific laws under Article 253 of
the Constitution for the preservation of natural resources and the law enacted for air
preservation was The Air (Prevention and Control of Air Pollution) Act, 1981.

The Act’s Preamble states that this Act is for the prevention, control and abatement of air
pollution and the burden of fulfilling such purposes falls on the Boards established under this
Act.

What is the scope of this Act?

This Act applies to the whole of India. The Act contains certain definitions which fall under the
scope of this Act. Knowing these definitions is important as they will help to understand what
qualifies as air pollution according to Indian law so that air polluters can be punished under
this Act.

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 a 1987 Amendment, the 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.
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• Section 2(b) defines ‘air pollution’ as the presence of any air pollutant in the
atmosphere.

Aims and Objectives of the Air Act, 1981

The main purpose of the Air Prevention and Control of Pollution Act of 1981 is to control the
level of air pollution. The Air Quality Control Board was set up to provide technical assistance
to air pollution boards. It undertakes research and investigations on air pollution and advises
the central government.

The agency also helps reduce air pollution through mass media, raises public awareness about
pollution, and carries out other functions as directed by the air pollution act in India. The air
pollution control board also sets air quality standards and maintains a laboratory.

Prime Objectives:

1. To prevent air pollution by improving the quality and standard of the air.
2. To control air pollution by regulating industries causing air pollution
Preventing the emission of pollutants by industries into the atmosphere and abating them
3.
as necessary
To ensure that the environment and human life is protected from the adverse effects of
4.
air pollution
5. Reducing risk to public health from exposure to pollutants in ambient air quality

Constitution of the Boards

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, having special knowledge and practical expertise
in matters of environmental protection and having knowledge and experience in
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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 of 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 2 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 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 shall plan and implement a nationwide programme for the prevention, control
and abatement of air pollution.

• It shall coordinate the activities of the States and shall resolve the disputes that
arise between them.

• It shall provide technical assistance to the Boards, carry out investigations and
research relating to air pollution.

• It shall plan and implement training programmes for the persons to be involved in
those programmes.

• It shall help combat air pollution through a mass media programme.

• It shall collect, compile and publish statistical data relating to air pollution and shall
also prepare manuals, codes or guides relating to measures to combat air pollution.

• It shall lay down standards for the quality of air and shall perform other functions
as prescribed.
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• The Board shall 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 of dealing with issues related to environmental protection,
shall serve as the Chairman of the State Pollution Control Board. This Chairman may
be whole-time or part-time. This decision will be left to the discretion of the State
Government.

• The Board shall further constitute 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, 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 which 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
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.
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• 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 which 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-

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

2. 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.
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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 use of certain industrial plants: Section 21 talks about setting up of industrial
plants in compliance 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-

1. 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.

2. 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 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 about 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
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these equipment, plants, record 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 for verifying
the same.

Power to take samples from air or emission and procedure to be followed: 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 Section 26(3) and 26(4). These are-

1. The person taking the sample shall notify the occupier or agent of such occupier,
of the place from where the sample has been taken.

2. The sample shall be collected in the presence of the occupier or his agent.

3. 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.

Penalties and procedures under this Act

Penalties

Under Section 37, whoever fails to comply with the provisions of Section 21, 22 and the
directions issued under Section 31A, can be sentenced to imprisonment for a term of one year
and six months. This sentence can be extended to six years and with fine, if the requisite
compliances under the aforesaid sections are still not carried out, with an additional fine of
five thousand rupees every day.

Failure to follow the Central Pollution Control Board’s recommendations will result in one-
year imprisonment. It can be prolonged to 6 years with an additional fee of 5000 rupees each
day if the directives are not followed.
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From Section 38 onwards, this air pollution control act mentions penalties for such offenses-
which include:

1. The public is not permitted to alter, move, remove, damage, or interfere with any
object erected by or under the powers of the Board.
2. Not providing the necessary data to a Board officer or staff.

3. Damaging Board property.

4. Lack of notifications about the release of more pollution than what is typical as
established by the State Board. Notification of the likelihood of such a release should
be provided to the State Board.

5. Making a misleading statement when giving information to Board officials.

6. Giving the Board of inquiry false information under Section 21 in order to get
permission in order to raise an industrial plant.

Any command or direction that has no penalty as per the act, when disobeyed is punished
by 3 months in prison or a fine of 3000 rupees or even both.

Section 40 addresses corporate offenses. Every person who has direct authority over a
company, who was accountable to the firm for the way its business was conducted, along
with the company itself, will be held accountable if it violates the law. He will be punished in
line with the guidelines of this Act. However, if the crime was done without his knowledge or
if he made all necessary preparations and measures to stop it, he or she will not be liable.

Section 40(2) also stipulates that if the offense was done with the approval of the director,
the manager, the secretary, or any other officer, or if it occurred due to the aforesaid people’s
negligence, they are found at fault and punishable.

Section 41 discusses offenses committed by government agencies. If a government

department commits an offense as per the air Act 1981, the head of such a department may
be prosecuted and punished appropriately. The Head of the Department will not be held
liable, nevertheless, if he used due diligence to stop the offenses from happening or had no
information that they were being committed.
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Furthermore, as provided under Section 41(2), if such Head of Department had consented to,
or neglected to prevent, the commission of these offences, then such person shall be liable
to be proceeded against and punished accordingly.

Procedures

Sections 42 to 46 cover procedures. Section 42 states that no suit, prosecution or another

legal proceeding shall lie against the government, any officer of the government or any
member, employee or officer of the Board, where the actions are done by such body or
persons are done or intended to be done in good faith in pursuance of this Act.

Section 43 states that the Court shall take cognizance of only those offences where the
complaint is made by-

1. A Board or any officer authorised under it

2. Any person who has given notice of not less than sixty days, of the alleged offence
and his intention to make a complaint to the Board or an officer authorised by it.
No court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of First Class shall
try any offence punishable under this Act.

• Section 44 states that all members, officers and other employees shall be deemed
to be acting as public servants under Section 21 of the Indian Penal Code 1860.

• Section 45 states that the Central Board shall provide information in the form of
data, statistics, reports or another form of information etc to the Central
Government and the State Board shall also provide information in these forms,
both to the Central Board and the State Government.

• Section 46 involves a bar of jurisdiction. It states that no civil court shall have
jurisdiction in any matter which an Appellate Authority formed under this Act is
empowered by this Act to decide, nor should an injunction be granted in respect
of any action taken under the pursuance of the powers of this Act.
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Judicial pronouncements and case studies regarding clean air

M.C. Mehta v. Union of India 1991 SCR (1) 866 (Vehicular Pollution Case)

• In this case, a writ petition was filed by M.C. Mehta regarding air pollution caused
due to vehicular emissions. He prayed for the Court to pass appropriate orders to
prevent pollution.

• The Court held that environmental protection is the responsibility of the State as
enshrined in the Directive Principles of State Policy and Articles 48A and 51A of the
Constitution. The Supreme Court observed that the right to a healthy environment
was a basic human right and this included the right to clean air, covered under the
ambit of Article 21 of the Constitution. In this way, the Court expanded the scope
of Article 21 to include the right to a healthy environment and clean air under the
fundamental rights.

• This paved the way for the introduction of lead-free petrol supply in Delhi and
paved the way for the introduction of compressed natural gas (CNG). The Court also
assisted in setting up a committee that was not just aimed at litigation but also
finding long term solutions to the air pollution problem in Delhi.

• Similarly, in Subhash Kumar v. State of Bihar 1991, it was held that right to life under
Article 21 included the right to a healthy and safe environment, which in turn
included the right to pollution-free air and water for the full enjoyment of life. It
was held that municipalities and other governmental bodies had an obligation of
taking positive measures to ensure a healthy environment.

The curious case of Delhi

• Air pollution in Delhi has been a major problem for many years but started coming
into the limelight in the 1990s. With the advent of the 1981 Act, pollution control
boards were set up and the number of legislations on the environment increased.

• In 1996, the Supreme Court issued a suo moto notice to the Delhi government,
asking it to submit an action plan for clean air. The cases instituted by M.C. Mehta
and the general public furore over the state of the air further aggravated the issue.
The Environment Pollution (Prevention and Control) Authority (EPCA) was set up
along with the National Clean Air Programme (NCAP).

• On the basis of a report of the EPCA, the Supreme Court accordingly issued orders
for vehicles to run on compressed natural gas (CNG). This was a major success.
However, in the coming years, the number of vehicles increased from 4.24 million
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in 2004 to more than 10.8 million in March 2018, in addition to an increase in
stubble burning and construction activities (many of which are illegal).

• Over the years, monitoring stations have been set up across Delhi to measure the
amount of particulate matter in the air. Public awareness and efforts have definitely
increased, with measures like Odd-even scheme and Supreme Court orders on
cracker bans, construction activities bans; being implemented.

• In 2016, after the heavy smog wreaked havoc in Delhi, the Supreme Court again
asked the national government to make a plan to combat such episodes of air
pollution. This programme came to be known as the Graded Response Action Plan
(GRAP).

• This programme entails the identification of high-pollution areas within Delhi

through monitoring and measuring air quality, and then identifying the problems
and formulating local actions for those areas.

• There is no doubt that Delhi still suffers from an air crisis every year. One must
understand that this occurs due to a host of factors which need mass action.
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Environment (Protection) Act, 1986

Introduction
In wake of the Stockholm Conference held in 1972 that advocated environmental protection
at the international level and was one of the most devastating incidents of all time, the Bhopal
Gas Tragedy of 1984 highlighted an urgent need for a comprehensive law with respect to
environmental protection, domestically, the need for Environment (Protection) Act, 1986 was
felt. The preamble of the Act states the objective of the Act to be the protection and
improvement of the environment. It seeks to protect human beings, other living creatures,
plants, and property from environmental hazards. It extends to the whole of India and aims
to prevent, control, and abate environmental pollution. Even though we had the Water Act,
1974, the Air Act, 1981, and the Indian Forest Policy, 1988, there was a pressing need for
general legislation with stringent penal provisions in order to safeguard the environmental
rights.

Background
• The Environment (Protection) Act was passed in 1986 with the primary goal of
protecting and improving the environment, as well as matters related to it.
• The original Indian Constitution had no provision for the protection of the natural
environment.
• The 42nd Amendment to the Constitution, on the other hand, included the
conservation of the environment, including forests, lakes, rivers, and animals, as a
duty of the people of the country.
• This amendment also included additional Directive Principles of State Policy, one of
which was Article 48A, which required the State to maintain and develop the
environment, as well as to protect forests and animals.
• These changes were the consequence of the 1972 United Nations Conference on
the Human Environment in Stockholm.
• In comparison to all prior environmental legislation, the Environment (Protection) Act
of 1986 is a more effective and aggressive approach to combat pollution.
• The Act allows the Central Government to take all required steps to prevent and
regulate pollution, as well as to build effective machinery for the purpose of
protecting, improving, and regulating environmental pollution.

Definitions

The Environment Protection Act, 1986 extends to whole India and it came into force on 19th
November.

Section 2 of the Environmental protection Act, 1986 (EPA) deals with some of the
information about the definition of the Act and these definitions are as follows:
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“Environment” the word environment includes water, air, land and also the inter-relation
between their existence. It also includes human beings and other living creatures such as
plants, micro-organisms and property.

“Environmental Pollutants” means any substance in solid, liquid or gaseous form which in
consideration is injurious to the health of living beings.

“Handling” means any substance which is in the relation of being manufactured, processed,
collected, used, offered for sale or like of such substance.

“Environmental Pollution” includes the presence of environmental pollutants in the

environment.

“Hazardous substance” includes the substance or the preparation by which the physical-
chemical property is liable to harm the human beings or other living creatures such as plants,
microorganisms and the property.

“Occupier” is in the relation of factory or any other premises which means a person who has
control over the affairs of it.

From the above definitions given the Environmental protection Act tends to cover a wide
range of matters related to the environment protection.

Environment (Protection) Act, 1986 - Objectives

• To put into action the major decisions made on environmental safety and protection
at the United Nations Conference on the Human Environment in Stockholm in June
1972.
• To establish new authorities for the aim of protecting and developing the
environment, as well as to coordinate the actions of already established agencies
established under earlier laws.
• To impose severe and deterrent punishment on those who damage the natural
environment's safety and health.
• To promote the development of subordinate and delegated laws on environmentally
sensitive themes and environmental protection.
• To encourage sustainable development, that is, to strike a balance between overall
development and environmental conservation.

Need for an Environmental Protection Act

• India previously had some environmental legislation, but there was a need for
comprehensive legislation that covered the gaps in the current laws.
• As a result, it was passed to bring broad law in environmental protection and cover
other significant areas of previously revealed environmental concerns.
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• The Stockholm Conference, which brought to international attention the impact
of human activities on the environment was also one of the reasons for this act.
• Development and the environment were at a crossroads, and the conference
highlighted the importance of reconciling them for the good of people and the earth
as a whole.
• The Bhopal Gas Tragedy was another reason. It was about an oleum gas leak from an
industry that proved disastrous to the people and the environment.
• This instance highlighted the significance of regulating enterprises so that they may
not simply escape penalty for inflicting environmental harm.
• Furthermore, the need was recognised because, while India had various
environmental laws, such as the Air Act and Water Act, there was no overall
legislation that integrated and coordinated their activities and duties.

Environment (Protection) Act, 1986 - The Umbrella act

The Environment Protection Act is referred to as a "Umbrella Act" for the following reasons:

• Rather than focusing on individual issues, it creates the essential framework for
planning and implementing large-scale initiatives to conserve and improve the total
environment.
• It establishes collaboration between the Central government, state
governments, and bodies formed under previous environmental legislation.
• It fills the void left by numerous other pieces of law, such as the Water Act and the Air
Act. It links them and increases their effectiveness.
• It is a large and comprehensive piece of legislation that includes the definitions,
authorities, and obligations of the central government in relation to the environment,
as well as punitive measures.

Environment (Protection) Act, 1986 - Salient Features

• The Environmental (Protection) Act, 1986 has its origins in the Indian
Constitution's Article 48A (Directive Principles of State Policy) and Article 51A
(g) (Fundamental Duties).
• The Act empowers the Central Government to take all appropriate measures to
prevent and control pollution, as well as to establish effective machinery for the
purpose of protecting, improving, and controlling environmental pollution.
• The Act specifies a special procedure for handling hazardous substances, and the
person in question is required to follow the Act's procedure.
• The Environment (Protection) Act of 1986 relaxed the rule of "Locus Standi," and as a
result, even a common citizen can approach the Court if he gives a sixty-day notice of
the alleged offence and his intention to file a complaint with the Central Government
or any other competent authority.
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• The Environment (Protection) Act of 1986 provides immunity to government officers
for any act performed under the provisions of this Act or under the powers vested in
them or functions assigned to them by this Act.
• The Act prohibits Civil Courts from hearing any suit or proceeding based on an action,
direction, or order issued by the Central Government or another statutory authority
under this Act.
• The provisions of this Act, as well as any rules or orders issued under it, take
precedence over anything inconsistent in any other enactment.

Powers and functions of the Central Government

• Section 3- Powers of the Central Government to take measures to

protect and improve the environment
• Section 4- Power to appoint officers
• Section 5- Power to give directions
• Section 6- Power to lay down rules to regulate environmental
pollution
• Section 10- Power of entry and inspection
• Section 11- Power to take sample and procedure to be followed
• Section 20- Power to ask for information, reports, or returns
• Section 23- Power to delegate
• Section 25- Power to make rules

Section 3- Powers of the Central Government to take measures to

protect and improve the environment
Section 3 empowers the Central Government to take all such measures as it deems necessary
or expedient to protect and improve the quality of the environment, and to prevent, control,
and abate environmental pollution. Some of these measures include:

1. To coordinate actions among state governments, officers, and other authorities.

2. To plan and execute nationwide programs.
3. To lay down standards for the quality of different aspects of the environment.
4. To lay down the standards for emission or discharge of pollutants.
5. To restrict the operation of certain industries, processes, or operations in specific
areas.
6. To lay down procedures and safeguards for the prevention of pollution-causing
accidents and take remedial measures.
7. To lay down procedures and safeguards for the handling of hazardous substances.
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8. To examine the manufacturing processes, materials, and substances that are
capable of causing pollution.
9. To carry out and sponsor investigations and research on the issues related to
pollution.
10. To inspect the premises, plant, equipment, machinery, manufacturing, or other
processes, materials, or substances.
11. To establish or recognise environmental laboratories and institutes.
12. To collect and disseminate information on pollution matters.
13. To prepare codes, manuals, or guides related to the prevention, control, and
abatement of environmental pollution.
14. Such other matters as the government deem necessary or expedient.
The Central Government is also authorised to constitute such authority/authorities for the
purpose of exercising and performing such powers and functions as the government may
delegate to it.

Section 4- Power to appoint officers

Section 4 authorizes the Central Government to appoint officers with such designations,
powers, and functions as it thinks fit. The officers appointed shall be under the control and
direction of the government or any authority empowered by it.

Section 5- Power to give directions

As per Section 5, the Central Government has got the power to issue directions in writing to
any person, officer, or any authority, which shall be binding on such person, officer, or
authority.

These directions could be related to matters as follows:

1. To close, prohibit, or regulate any industry, operation, or process; or

2. To stop or regulate the supply of electricity, water, or any other service.

Section 6- Power to lay down rules to regulate environmental pollution

The Central Government has also been authorised to frame rules on the matters mentioned
in Section 3 of this Act. Some of these matters include:

1. The standards of quality of air, water, or soil.

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2. The maximum allowable limits of environmental pollutants (including noise).
3. The procedures and safeguards for the handling of hazardous substances.
4. The prohibition and restrictions on the handling of hazardous substances.
5. The prohibition and restrictions on the location of industries, operations, and
processes.
6. The procedures and safeguards for the prevention of accidents likely to cause
pollution and provide for remedial measures for such accidents.

Section 10- Power of entry and inspection

Under this Section, any person authorised by the Central Government has the right to enter
any place, at reasonable times with some assistance for the following purposes:

1. To perform any function entrusted by the Government,

2. To determine whether and how such functions are to be performed, or whether
the provisions of this Act, rules made under any notice, order, direction, or
authorisation granted has been complied with,
3. To examine and test any equipment, industrial plant, record, register, document, or
any other material object.
4. To conduct a search in my building where there is reason to believe that an offence
under the Act has been committed.
5. To seize any such equipment, industrial plant, record, register, document, or other
material objects if there is reason to believe that it would serve as evidence for the
offence committed or that the seizure is necessary to mitigate the pollution.
Also, any person carrying on such industry, process, or operation which involves handling of
hazardous substances must render all the assistance required to the person empowered by
the Central Government for inspection. Failure to provide the assistance without any
reasonable cause, or wilfully delays or obstructs that person shall be guilty of an offence under
this Act. Also, for such search and seizure, provisions of the Code of Criminal Procedure,
1973 or any corresponding law in force shall be applicable.

Section 11- Power to take sample and procedure to be followed

Section 11 empowers the State Government or any officer authorised by it to take the
samples of air, water, soil, or other substances from the premises of any factory.

The procedure prescribed for sample taking is as follows:

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1. The person taking the sample must serve a notice of his intention to take the
sample to the person in charge of the place.
2. The sample must be taken in the presence of the person in charge or his agent.
3. The sample must be placed in a container or containers, which shall be marked and
sealed. Thereafter, it shall be signed by both the person taking the sample and the
person in charge or his agent.
4. The container then must be sent to the laboratory established under Section 12.
5. In case the person in charge or his agent wilfully absents himself or refuses to sign
the containers, the containers must be sealed, marked, and signed by the person
taking the sample and must be sent to the laboratory. The government analyst must
be informed in writing about the wilful absence or refusal to sign.
Any analysis taken without following the procedure prescribed would not be admissible as
valid evidence in any legal proceedings.

Section 20- Power to ask for information, reports, or returns

For the purpose of performing its functions under the Act, the Central Government has the
power to ask for any reports, returns, statistics, accounts, and other information from any
person, officer, state government, or any authority, which shall be bound to do so.

Section 23- Power to delegate

The Central Government is also authorised to delegate its powers under the Act, except the
power to appoint authorities under Section 3(3) and to make rules under Section 25, to any
officer, state government, or other authority. However, such delegation shall be subject to
the requisite limitations and conditions, as may be specified in the notification in the Official
Gazette.

Section 25- Power to make rules

To carry out the purposes of this Act, the central government may frame rules on the
following matters:

1. The standards of environmental pollutants, beyond which the emission or

discharge is prohibited under Section 7;
2. The procedure and safeguards for the handling of hazardous substances
under Section 8;
3. The authority which is to be intimated about the occurrence or apprehension of
occurrence of discharge of any pollutants in excess of the prescribed standards;
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4. The manner in which samples of air, water, soil, or any other substance are to be
taken under Section 11(1);
5. The form in which the notice of intention to take a sample for analysis is to be
served under Section 11(3) (a).
6. The functions, procedures, and fees payable to environmental laboratories;
7. The qualifications of the Government Analyst appointed under Section 13;
8. The manner in which the notice of offence and the intention to make a complaint
is to be given under Section 19(b);
9. The authority or officer who is required to submit the reports, information, or
returns to the Central Government under Section 20;
10. Any other matter of concern, as may be prescribed.

Penal provisions under the Environment Protection Act

Section 15- General offences

Section 15 prescribes the penalty for general offences committed under this Act. if any person
fails to comply with or contravenes any provisions of this Act, or rules made or orders or
directions issued, he would be punishable with imprisonment for a term which may extend
to five years or with a fine up to Rs. 1 Lakh, or with both. If the failure or contravention
continues, then an additional fine which may extend to Rs. 5000 may be laid for every day the
failure or contravention continues. And if this failure or contravention extends beyond one
year after the date of convection, then the imprisonment can extend upto seven years.

Section 16- Offences by companies

For an offence committed by a company, Section 16 holds responsible the person who at the
time the offence was committed was in charge of and responsible for the conduct of the
company as well as the company. However, if it proved that any such person was liable
exercised due diligence or that the offence was committed without his knowledge. Also, if it
is proved that the offence was committed with the consent, connivance, or negligence of any
director, manager, secretary, or another officer, then such person shall be liable to be
proceeded against.

It is also specified that ‘company’ includes any body corporate, a firm, or any other association
of individuals. The word ‘director’ also means ‘partner’ in relation to a firm.
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Section 17- Offences by government departments

Section 17 lays down that for an offence committed by a government department, the Head
of the Department shall be held responsible unless he proves that the offence was committed
without his knowledge or that due diligence was exercised. However, if it is proved that the
offence has been committed with the consent, connivance, or neglect of any officer other
than the Head of the Department, then that officer shall be proceeded against and punished
accordingly.

Important case laws regarding the Environment Protection

Act

Vellore Citizens’ Welfare Forum v. Union of India (1996)

Facts

River Palar is a river in the State of Tamil Nadu, which is also one of the main sources of
drinking and bathing water for the surrounding people. The petition was filed against
excessive pollution caused by tanneries and other industries in the State. The Tamil Nadu
Agricultural University Research Centre also revealed that a significant portion of agricultural
land had turned either partially or completely unsuitable for cultivation.

Issue

Should the tanneries and industries be allowed to operate at the expense of damage to the
surrounding environment?

Held

The Court highlighted that the main purpose of the Environment Protection Act is to create
an authority under Section 3(3) with all the necessary powers and functions to protect and
improve the environment. However, it was disappointing that not enough authorities were
appointed for the same. Thus, it directed the Central Government to appoint an authority
within one month and confer on it all the adequate powers required to deal with the situation
created by tanneries and other polluting industries in Tamil Nadu. It also directed the
authority to implement the ‘precautionary principle’ and ‘polluter pays principle’. A fund
called ‘Environment Protection Fund’ was also to be constituted. The compensation received
was to be employed for reversing the damage done to the environment and to the victims of
the damage.
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Narula Dyeing and Printing Works v. Union of India (1995)

Facts

The Narula Dyeing and Printing Works were allegedly discharging untreated pollutants into
an irrigation canal resulting in significant water pollution. The State Government as well as
Gujarat State Pollution Control Board issued directions under Section 5 of the Environment
Protection Act to close down the factory. The Petitioners challenged this order citing that no
personal hearing was provided to them and no time was granted to comply with the said
directions.

Issue

Were the State Government and the Board right in closing down the factory without providing
an opportunity for a personal hearing to the petitioners?

Held

The Gujarat High Court held that the government was absolutely right in issuing the orders
for closing down the factory under Section 5. In cases where there is a grave injury caused to
the environment, the government is empowered to dispense with the opportunity of hearing.
It is intended to protect the environment from serious damage done by discharging untreated
effluents.

M.C. Mehta v. Union of India (The Ganga Pollution Case)

(1988)

Facts

Kanpur has been the hub of tannery business in India for a long time. Most of these industries
are located on the southern banks of the river Ganga. These industries have been known to
have contaminated the river. In 1985, a matchstick tossed into the river resulted in a massive
fire in the river because of the presence of a toxic layer of chemicals formed on its surface.
Thus, M.C. Mehta, a famous environment advocate, and an activist filed a petition in the
Supreme Court against the tanneries and also the Municipal Corporation of Kanpur to stop
them from discharging untreated effluents into the river, polluting it.
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Issues involved

1. Whether the authorities had been negligent in protecting the river Ganga from
pollution?
2. Should the smaller industries be aided financially for the installation of treatment
plants and what standards should determine ‘smaller industries’?

Held

The Court held that there were several laws in force in India that sought to prevent
environment pollution including the Environment Protection Act, 1986, and the Water
(Prevention and Control of Pollution) Act, 1974. However, the authorities had been negligent
in discharging their duties prescribed under these laws. It also observed that the financial
capabilities of industries are irrelevant when considering the issue of installing primary
treatment plants. Thus, each tannery was directed to at least install primary treatment plants,
if not secondary plants.

The Court also laid down the following guidelines:

1. It was the duty of the Central Government to direct all the educational institutions
across India to teach lessons on environment protection and improvement, at least
for an hour every week.
2. Also, the Central Government must publish environment textbooks and distribute
them among the students.

Conclusion
Post the Stockholm Conference and the Oleum gas leak case, the concern for the environment
has magnified. The provisions of the Environment (Protection) Act, 1986 mark a positive step
towards environment protection and improvement. It has stipulated some stringent
regulations for the prevention, control, and abatement of environment pollution. The central
government has been given a wide scope of powers to frame rules and appoint authorities to
further the purposes of this Act. Additionally, the Act has facilitated the coming of several
notifications for environment protection which have introduced new protective principles like
the Environment Impact Assessment. It has also empowered the citizens to play a proactive
role in environment protection by calling out the pollution-causing industries under EPA
which has led to a string of environmentally sound judicial decisions. However, there are still
some lacunas present in the Act that need to be filled with subsequent amendments to
update the Act with changing times.
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The Indian Forest Act, 1927

Introduction
The Indian Forest Act is a consolidation of laws relating to forests, which aims to regulate
forest produce, and enumerates the duty leviable on timber and other forest produces. The
Act was first passed in 1865 and hence amended twice in 1878 and 1927. The act recognizes
the different types of forests and lays down forest offenses and penalties for the same.
Moreover, it aims to promote the conservation of forests and their usage in a sustainable
manner. The Indian Forest Act of 1865 was set up by the Imperial Forest Department with the
aim of declaring any trees or plantation-clad areas as government-protected forests. The
amendment act of 1878 classified forests into three kinds for the first time: Protected forests,
Village forests, and Reserved forests, and enabled the British administration to demarcate
protected and reserved forests, by limiting forest utilization rights of locals. The final
amendment of 1927 was primarily enacted to increase government control on the forests and
eventually impacted those communities that were originally dependent on them.

Objective
▪ To consolidate all the previous laws regarding forests.
▪ To give the Government the power to create different classes of forests for their
effective usage for the colonial purpose.
▪ To regulate movement and transit of forest produce, and duty leviable on timber
and other forest produce.
▪ To define the procedure to be followed for declaring an area as Reserved Forest,
Protected Forest or Village Forest.
▪ To define forest offences acts prohibited inside the Reserved Forest, and
penalties leviable on the violation.
▪ To make conservation of forests and wildlife more accountable.

The Indian Forest Act, 1927

In 1927, a revised legislation of the Indian Forest Act was enacted based on previous Indian
Forest Acts implemented under the British. Just like the preamble to the Constitution that
lays down the objectives, every legislation has its preamble wherein the objectives and
guidelines of the particular Act are listed. The preamble of the Indian Forest Act seeks:

• to consolidate the law relating to forests,

• regulation of and the transit of forest produce, and
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• to levy duty on timber and other forest produce.
It also consists of the procedure followed in cases of declaring the area to be a reserved,
protected or a village forest. The Act is divided into 13 chapters with a total of 86 sections
ranging from the definition of various forests to the penalties that are to be levied on the
violation of the provisions of the Act. The term ‘forest’ has a wider ambit when it comes to its
definition as it includes private lands, lands for pasture, cultivable lands etc. and so the
Supreme Court is yet to assign a particular interpretation and thus the Act is silent on the
definition of a forest or a forest land.

The section 2 of the Act that is the interpretation clause defines various terms that are
essential in the domain of forests; starting from cattle inclusive of all the animals, the forest
officer who is made in-charge by the State Government, the forest produce which includes
timber, charcoal, wood-oil etc. It also has a separate interpretation of the river including any
stream, canal or other channels. Further, the Act is classified into 3 types of forests that are;
reserved forests, protected forests and the village forests.

Reserved Forests

The reserved forests are dealt with in Chapter II of the Act ranging from section 3 to 27. In
simple words, any forest land or waste land to which the government has the ownership is a
reserved forest. These forests are restricted as the Government has proprietary rights over
the land. The use of the reserved forests is prohibited to the local people unless they have a
permission by the government. The area of land is declared to be a reserved forest when the
Government issues a preliminary notification under section 4 of the Act declaring that such a
land is to be constituted as a reserved forest and the Forest Settlement Officer settles all the
rights either by admitting or rejecting them.

Section 26 of the IFA, 1927 deals with the prohibition of a number of activities including
grazing, tree felling, burning, quarrying, hunting etc. in the forest. The penalty for the violation
of the provisions of section 26 is imprisonment for a term which may extend to two years or
with fine which may extend to Rs. 20,000 but which shall not be less than Rs. 5000.

Village forests

Following the order of the sections under the Act, the village forests are dealt with next in
Chapter III of the Act under section 28. When the Government assigns any reserved forest or
any other land to the village community for their use that piece of land is classified under
village forest lands. As according to the Act, the State Government makes rules for regulating
the management of these forests.

The term village forest and forest village are interchangeably used in certain cases, but are
eventually different in their meaning. While village forest is a legal category under the Indian
Forest Act, forest village is merely an administrative category. Although the latter is
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recognised by the Forest Department, the revenue benefits cannot accrue to such villages as
they are not technically under the revenue departments. Generally, the lands given to village
forests are constituted into Village Grazing Reserve (VGR).

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. The provisions for the
protected forests are dealt in Chapter IV under section 29 of the Act. In the case of these
forests the Government retains the power to issue rules regarding the use of forests and if in
cases where there are no rules, the practices are allowed. Along-with the rights, the
Government also has the power to reserve the specific tree species in the protected forests.
The sole reason behind this being that those particular trees have the revenue raising
potential and are thus required to be protected for their benefits in the economy.

Chapter V of the Act deals with another type of forests named Non-government forests or
rather Private forests. Considering the other forests to be owned and regulated by the
government, these forest lands are not in control of the government. Though, the State
Government can by notification prohibit and regulate the clearing of land for various purposes
which comes under the Government’s power only in special circumstances like to preserve
public health and wellness.

One of the objectives of the Act regarding the levying of duty on timber and other forest
produce is dealt with in chapter VI which extends to the produce that takes place in the
territories and is under Government control. The Act covers the rights of the Government
over the forest produce that is floating or sn transit in rivers or at the banks of rivers.

Hierarchy of Officers under the Indian Forest Act, 1927

The functioning of the forest officers is distributed according to their post. Therefore, it is
important to understand the structure of positions in the forest department.

ADMINISTRATIVE OFFICERS

Principal Chief Conservator of Forests

Additional Principal Chief Conservator of Forests

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Chief Conservator of Forests

Conservator of Forests

CONTROLLING OFFICERS

Deputy Conservator of Forests

Assistant Conservator of Forests

IMPLEMENTING STAFF

Forest Range Officer

Forester

PROTECTION STAFF

Forest Guard

Forest Watcher

Duties and responsibilities of forest officers under the Indian Forest

Act, 1927
Broadly, the role of the forest officers is to fulfil the range of following duties:

1. Manage policy matters, which includes policies relating to wildlife management

and wasteland development.
2. Manage matters relating to the committees of the legislature.
3. Overall control and supervision of territorial and functional changes.
4. Establishment of inland/foreign training assignments pertaining to Indian Forest
Services (IFS) Personnel, which includes disciplinary matters.
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5. Enforcement of the various legislations governing forests.
6. Conducting a regular inspection of forests.
7. Implementing, supervising and monitoring all activities as approved by the
Management Plan.
8. Managing forest utilisation.
9. Monitoring of revenue, timber accounts and depots.
10. Survey of forest resources.
11. Corresponding with the subordinate officers of the department.
12. Management of human resources and development.
13. Management of matters related to forestry research.
14. Formulation of Five Year Plans and Annual Budget Proposals.
15. Monitoring all centrally assisted plans, schemes and programmes.
16. Managing matters related to the acquisition of private forests.
17. To promote afforestation.
18. Conducting departmental examinations.
19. Managing matters pertaining to Minor Forest Produce.
20. Governing issues related to forest lands including demarcation and maintenance of
forest boundaries, etc.
This is a wide structure of the roles and responsibilities of the forest officers. The intricate
structure of administration differs from state to state.

Powers invested to Forest officers by the Provincial Government

Under Section 72 of the Act, the State Government is empowered to invest any forest-officer
with any or all of the following powers:

Sr.
Powers
No.

01 Power to enter upon any land and to survey, demarcate and make a map.

Powers of a Civil Court to compel the attendance of witnesses and production of

02
documents and material objects.

03 Power to issue a search warrant under the Code of Criminal Procedure, 1898.
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Power to hold an inquiry into forest offences, and in the course of such inquiry to
04
receive and record such evidence.

Further, the evidence which has been collected shall be admissible in a subsequent trial
before a Magistrate, provided that it was taken in the accused person’s presence.

The scope of this section is:

1. Power to enter upon any land.

2. Power to issue a search warrant.
Apart from this, a forest officer is granted the power to compound offences under Section
68 of the Act. The State Government through a notification in the Official Gazette can
empower a Forest Officer to accept from an offender a sum of money by way of compensation
for the offence that such person has been suspected of committing. The sum of money to be
accepted as compensation can not exceed fifty rupees.

The compounding of offences by a forest officer excludes offences mentioned in Section

62 and Section 63 of the Act.

Further, to be empowered under this section the Forest Officer should be:

1. Not below the rank of a Ranger.

2. Should receive a monthly salary amounting to at least 100 rupees.
Under Section 52 of the Act, when there is a reason to believe that a forest offence has been
committed in respect of any forest-produce, then it may be seized by any Forest Officer.

For the purpose of forest conservation, it prescribes a penalty for offenses committed under
it under Chapter IX. This involves the seizure of property, confiscation of produce,
imprisonment, fine, etc.

Various Powers under the Act

Section 64: Power to arrest without warrant

This Act confers the power to arrest, without a warrant and without orders from a Magistrate,
on any Forest-Officer, Police Officer or Revenue-Officer, provided that the person so arrested
gave a whiff of reasonable suspicion in respect to any forest offense punishable with
imprisonment for one month or may even extend.

If an officer makes an arrest under this provision, he/she is expected to release in bond, take
or send the person arrested before the Magistrate having jurisdiction in the case, or to the
officer in charge of the nearest police station without causing any unnecessary delay.
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Section 65: Power to release a person arrested on a bond.

In case the person arrested executes a bond to appear, if and when required, before the
Magistrate or before the officer-in-charge of the nearest police station, he/she has to be
released without any prejudice. Such person can be released by any Forest Officer of a rank
equivalent or superior to that of a Ranger, any Police-Officer of a rank equivalent or superior
to that of a Sub-Inspector or any Revenue Officer of a rank equivalent or superior to that of a
Mahalkari or Tahsildar who (or whose subordinate) was responsible for making such arrest.

Section 66- Power to prevent the commission of the offense

The Act authorizes any Forest Officer, Police Officer and Revenue Officer to intervene and
prevent for the purpose of preventing the commission of any offense.

Section 67- Power to try offenses summarily.

As per the Code of Criminal Procedure, 1973, any Magistrate (of the first class) specially
empowered in this behalf by the State Government in consultation with the High Court may
try summarily a forest offense punishable with imprisonment for a term which may extend to
and not exceeding one year, or fine which may extend to Rs. 2000, or both. The provisions of
Sections 262 to 265 (both inclusive) of the said Code are applicable to such a trial. Not
countering anything in the said Code, in case of conviction for any offense in a summary trial,
the Magistrate may pass a sentence for imprisonment for any term for which such offense is
punishable under the Act.

Section 68- Power to compound offenses.

Section 68 says that the State Government can empower a Forest Officer (by notification in
the Official Gazette) to accept a sum of money or (on his/her discretion) an undertaking in
writing to pay a sum of money as compensation from a person about whom a reasonable
suspicion exists that he has committed any forest offense other than an offense specified in
Section 62 or Section 63 of the Act.

When the suspected person has made the payment or accepted to give an undertaking in
writing to pay such named value, or both, to the Officer, the Officer must discharge the
property, if any, seized and no further proceedings are to be taken against such person or
property.

To be empowered under this provision, the Forest Officer should not be of a rank inferior to
that of a Ranger, and he/she should also receive a monthly salary amounting to at least Rs
100.

It is important to note that the sum of money agreed to be charged under this provision, in
no circumstance, is to exceed the sum of Rs. 500.
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Penalties for offenses

Section 52: Seizure of property liable to confiscation

Forest officers or Police-Officers, if they have sufficient reason to believe that a forest-offense
has been committed with respect to forest-produce, are authorized, as per Section 52 of this
Act, to seize such produce together with tools, boats, vehicles or cattle which might have been
used in committing such offense.

If such officer has reason to believe that a vehicle is being used for transportation of forest-
produce (in respect of which he/she believes an offense might have been committed) can
stop such vehicle and cause it to remain stationary for a time-period which is adequate to
examine the contents of the vehicle and inspect all records relating to goods being carried in
the vehicle.

A mark shall be placed on such property/ receptacle/ vehicle carrying the produce by the
Officer, depicting the same as being seized. A report of the same is to be made to the
Magistrate, who shall then decide whether to try the offense on account of which seizure has
been made or not.

Section 53: Power to release property seized

According to Section 53, the power to release property seized under Section 52 of the Act lies
with any Forest-Officer, whose rank is equivalent to that of a Ranger, or his/her subordinate
who has seized any tools/ boats/ vehicles or cattle after having the owner execute a bond for
the production of the property so released, to present before the Magistrate if and when
required, to try such forest offense.

Section 54: Procedures on receipt by Magistrate on report of seizure

The Magistrate, on receiving the report made by the Officer who seized property of a person
(who he had reason to believe was a forest-offender), shall take suitable measures to go on
with arrest and trial of such offender, and for the disposal of property according to law.

Section 55: Forest-produce, tools, etc., when liable to confiscation

By the order of the convicting court, the following forest-produce, tools, etc. are liable to
forfeiture–

1. All timber or forest produce not owned by the Government, and in respect of which
a forest-offense has been committed; and
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2. All tools, boats, vehicles, and cattle used in committing such “offense”.

Section 56: Disposal of produce in respect of which a forest-offense was

committed on the conclusion of the trial
When the trial of any forest-offense comes to an end, what is left to be decided is how the
produce in question will be disposed of.

1. If the property in question belongs to the Government or has been forfeited- a

Forest officer is to take charge of such property.
2. In any other case, such property is to be disposed off, as per the law.

Section 57: Procedure when offender unknown, or cannot be found

In cases where forest-offender is unknown or cannot be found, the Magistrate, if satisfied
that an offense has been committed is entitled to order the property in respect to which an
offense has been committed to be forfeited along with tools, boats, etc. and taken charge of
by the Forest officer/ a person whom the Magistrate deems entitled to the same.

However, no such order shall be made before the expiry of one month, starting from the date
of seizing such property, or without hearing the person who is accused of committing a forest-
offense.

Section 58: The procedure as to perishable property seized

If the property seized is perishable, i.e. subject to speedy and natural decay, the Forest Officer
making such seizure may sell the same and deal with the proceeds as he/she would’ve dealt
had such property not been sold and report about every such sale to his/her official superior.

Section 59: Appeal from orders

Any person who is interested in the seized property, or the officer who seized the property,
or any of his/her official seniors may file an appeal within one month from the date of order.
The appeal should be made to the Court which gave out such order and the order passed on
such appeal shall be final.

Section 60: The property when to vest in Government

The property/its portion shall belong to the Government, free from all
encumbrances, provided that it follows both the following conditions-

1. An order for forfeiture has been passed, as the case may be; and
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2. No such appeal is preferred/ if an appeal is preferred, the Appellate Court confirms
such order in respect of such property.

Section 61: Saving of power to release property seized

An officer empowered by the State government is at any time entitled to direct the immediate
release of any property seized which is not the property of Government as well as to withdraw
any charge made in respect of such property. No provisions of the Act shall be deemed to
prevent it.

Section 62: Punishment for wrongful seizure

There are safeguards also to the power of Forest Officers, to keep them in check and make
sure that they don’t abuse them. If a Forest officer/ Police officer, on the pretense of seizing
property under this Act, wrongly seize any such property, he/she shall be punishable with
imprisonment for a term which may extend to 6 months, or a fine which may extend to Rs.
500, or both. If the convicting court is of the opinion that any fine so imposed, or a portion
thereof is to be given to the aggrieved person, such amount shall be given to him/ her as
compensation.

Section 63: Penalty for counterfeiting or defacing marks on trees and timber
and for altering boundary-marks
The penalty prescribed for-

1. Knowingly counterfeiting the identification mark affixed by Forest Officials, to

indicate that such timber/ tree belongs to the Government or of some person, to
cause a presumption that such produce has been lawfully cut/ removed;
2. Altering/ defacing/ destroying such identity mark placed on timber/ tree under the
authority of a Forest Officer;
3. Altering/defacing/destroying/moving any boundary mark of a forest or wasteland
to which this Act applies;
Ranges from imprisonment which may extend up to 2 years, or with fine, or both.

Section 69: The presumption that forest-produce belongs to the Government

If a question arises as to the question of the authority of the government, to any forest
produce, during proceedings taken under this Act/ in the response of anything done under
this Act, it shall be produced that such product is the property of the Government until the
contrary is proved.

Conclusion
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The Indian Forest Act, 1927 is a revised comprehensive legislation enacted with the intention
to deal with the lacunae in the previous acts and formulate the laws of the forest. Though the
Act has attempted to classify the forests and protect their extensive use it has eventually
failed by providing sole decision-making authority in the hands of the Government, making
the legislation arbitrary and unreasonable in its use. The central idea of the Act claims to be
different from what was eventually practiced in matters of separate lands for separate uses
at the peril of the Forest officers’ discretion. While dealing with the intricacies of the Act the
laws for wildlife and river water conservation were lacking, considering the importance of
flora and fauna being an essential part of the forests there were no provisions dealing in detail
for the same.

Although the Act aimed towards the forest conservation and its forest produce duties, it failed
miserably in meeting its objective. The essence of the Act was lost when the Government
regained the control of these forests so that the revenue can be generated from the forest
produce. Eventually, the Act could not serve its purpose, that is to avoid the exploitation as
earlier the people were exploiting the forests and now it was the government in power to
regulate and prohibit the usage of the lands.
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Forest Conservation Act 1980

What is the Forest Conservation Act?

The Forest Conservation Act is a law that goals to protect and hold forests by regulating the
diversion of forest land land for nonforest area purposes, making sure of sustainable use of
forests for the advantage of gift and future generations.

Under this act, it's miles important to reap permission from the authorities earlier than any
woodland land may be used for non-wooded area purposes which include agriculture or
creation. This allows control and reveals the conversion of forests into other types of land
use, which could harm the surroundings.

The Forest Conservation Act 1980 additionally emphasizes the significance of reforestation
and afforestation. It encourages the planting of the latest bushes and the recuperation of
degraded woodland areas. This enables preserving biodiversity, offers habitats for flora and
fauna, and modifies the climate by means of absorbing carbon dioxide.

History of Forest Conservation Act 1980

o Indian Forest Act, of 1865 was the first legal draft on the issue.
o Indian Forest Act, 1927 replaced the 1865 Act during the colonial period.
o The 1927 Act aimed to address social issues but was primarily focused on British
interests.
o The Act consisted of 13 chapters and 86 sections.
o It granted the State the power to control tribal rights to use forests.
o The Act empowered the government to establish reserved forests.
o Its main focus was on regulating forest produce and imposing taxes on timber and
other forest products.
o Revenue generation for the government was a key objective.
o The Act did not prioritize forest protection but rather aimed to regulate the timber
and raw materials used in industries.

Objective
Forest trees provide us with more than just oxygen for breathing; they also offer valuable
resources like food and wood. Forests play a crucial role in our environment by maintaining
the Earth's ecosystem and water cycle.

o The Act aims to save our nation's woods and keep them ecologically balanced.
o We need to save the forests, along with their plants, animals, and other ecological
elements. This Act aims to protect the forests' integrity, territory, and unique
characteristics.
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o To stop deforestation, which causes soil erosion and degradation, woods must be
preserved.
o Forest biodiversity must be preserved, and we must guarantee the survival of
numerous plant and animal species.
o We must stop utilizing woods for industrial, commercial, or residential reasons, or as
grazing or agricultural grounds.

Features of the Forest Conservation Act 1980

The Forest Conservation Act of 1980 come with the following features:

1. The Act restricts the state government and other authorities to take decisions first
without permission from the central government.
2. The Forest Conservation Act gives complete authority to the Central government to
carry out the objectives of the act.
3. The Act levies penalties in case of violations of the provisions of FCA.
4. The Forest Conservation Act will have an advisory committee which will help the
Central government with regard to forest conservation.

Some pertinent sections

Section 1: Title and scope

Section 1 of the Act talks about its title, scope and commencement. This Act is known as the
Forest (Conservation) Act, 1980. This law applies to the whole country except Jammu and
Kashmir. Although, Article 370 has been revoked which means all central laws must be made
applicable to the whole country. However, as of now, only 37 laws apply to Jammu and
Kashmir and this Act is not included under these 37 laws. This law came into force on October
25, 1980. It replaced the Forest (Conservation) Ordinance, 1980 and contains similar
provisions.

Section 2: Restrictions on dereservation of forests and its non-forests use

This Section restricts the state governments and other authorities to make laws in the
following matters without the prior permission of the Central government:

• that they cannot dereserve any forest land or any portion of it reserved under any
law for the time it being enforced in the State or any other part;
• that the forest land or any portion of it cannot be used for non-forest purposes;
• that they can not assign any forest land or any portion of it by way of lease to any
private person, or anybody or organisation not controlled by the Government of
India;
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• that a forest land or any part of it grown naturally may be cleared for
the reafforestation.
The explanation of this section defines the term “non-forest purposes”. It means cleaning any
forest land or its portion for the purpose of:

• Planting tea, coffee, spices, rubber, palms, oil-bearing, plants, or medicinal plants;
• Or for any purpose other than afforestation, but it should not include any work
related to preservation, evolution and administration of forests and wildlife.

Section 3: Advisory committee

As per Section 3 of this Act, the Central government has the power to constitute an advisory
committee to advice on matters related to the

• approving as under Section 2 of this Act;

• or any matter referred by the Central government, connected with the
preservation of forests.

Section 3A: Penalties

This Section 3A was added by the amendment made in 1988. According to this section,
whoever violates or abets the violation of any law contained under Section 2 shall be punished
with simple imprisonment for any prescribed term which may increase up to 15 days.

Section 3B: Offences by authorities and government offices

This Section 3B was also added by the amendment made in 1988. This section talks about the
offences committed by the Authorities and the government Department.

According to section 3B(1), whenever any offence under this Act is committed by any
department of the government, head of the government, any authority or any person who at
the time of the commission of the offence was responsible for the conduct of business, shall
be made liable for the offence under the Act.

However, the same person can save himself by proving that the offence was committed
without his knowledge and also, he took all the possible measures to prevent the commission
of the offence.

According to section 3B(2), when an offence under this Act has been committed by a person
other than the department of the government, head of the government or the authority
mentioned under sub-section 1, with his consent or due to his negligence, then such persons
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shall be declared guilty under the Act and also be made liable to proceedings and
punishments.

Section 4: Rulemaking power

Under Section 4, the Central government has the power to carry out the laws prescribed
under this Act, by notifying in the official gazette. Before forming any rule, it should be
presented before both houses of the parliament for a period of thirty days. Both the houses
of the parliament shall agree to do the modification or form the new rule under the Act.

case laws

The judiciary has also played a key role in forest conservation and environmental protection
by hearing many Public Interest Litigations (PILs) filed under Article 32 and Article 226 of the
Constitution. While hearing the PILs, the Supreme Court and the High Courts handed down a
number of significant rulings on forest and environmental conservation.

Tarun Bharat Singh v. Union of India (1993)

In this case, a non-profit organization petitioned the Supreme Court via a Public Interest
Litigation (PIL) filed under Article 32 of the Indian Constitution. The petition was filed in
response to illicit mining in the Alwar District's reserved area. Despite the fact that the area
was designated as protected under the Act, the state government had issued hundreds of
mining permits. The Court ruled that once an area is designated as a protected forest, it is
subject to the Forest (Conservation) Act, and that the State government can no longer engage
in non-forest activities in the reserved area without first obtaining authorization from the
federal government. Because mining is a non-forest activity, the State government's decision
to award or renew mining licenses is a non-forest decision. Because mining is a non-forest
activity, the State government's decision to give a mining license or renew a mining license is
illegal. The State government and mining owners were also given an interlocutory order to
prohibit illegal activity in the designated region.

State of MP v. Krishnadas Tikaram (1994)

In this case, the respondents were given a limestone mining concession in the forest area in
1966 for a duration of 20 years. After it expired in 1986, the respondents petitioned the State
government to renew it. The state administration approved the lease renewal for another 20
years. This order was canceled by the Forest Service. The cancellation was challenged at
India's Supreme Court. The Court ruled that under Section 2 of the Forest (Conservation) Act,
the state cannot award or renew the license without the Central government's prior
permission. As a result, the order cancellation was completed correctly.
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Krishnadevi Malchand Kamathia v. Bombay Environmental Action (2011)

In this case, the District Collector filed a motion to begin contempt proceedings against the
appellants for disobeying the court's orders. The court had ordered the freshly constructed
bund to be removed so that seawater could enter and protect the mangrove trees. The order
attempted to stop the appellants from doing anything that would destroy the mangrove
forests. The appellants have a permit to produce salt at the location. The Supreme Court ruled
that salt production through solar evaporation of salt water is not permissible in the area
because of the presence of mangrove trees. Mangrove forests are of considerable ecological
importance and are also environmentally sensitive, which is why they are classified as CRZ-I.
(Coastal Regulatory Zone-I). The Coastal Area Classification and Development Regulations,
1991 classifies the Coastal Regulatory Zone, and salt manufacture is prohibited under the
regulations.
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The National Forest Policies 1952 and 1988
1. Historical Background of Forest Policies:
Policies are guidelines for the government and the people and help in making various
decisions. Forests are a vital part of any nation, not only for the commercial value, but also
for the quality of life that it guarantees. Hence it was considered imperative, even during the
British Rule, that India must have a Forest Policy.British were the first to officially recognize
the natural wealth of India and it was they who initiated the process of forming a forest policy
during the second half of the 19th century.

Their scheme was to plunder the natural wealth of the nation as much as possible, since
timber trade was a highly lucrative trade during those times. Hence, their policies were aimed
at putting themselves in an advantageous position and to exploit the resources to the extent
possible.

The sequence of their efforts in this direction (by means of Acts and Policies)
are given below:
(i) The first Conservator of Forests was appointed in the year 1850 by the British, in Bombay,
and the first Forest Department was set-up in the year 1864.

(ii) In order to generate income, the Forest Act of 1865 was brought out, which classified the
forests into reserved forests and unclassified forests. The former were out of bounds of the
local people and the latter un-surveyed forests were progressively reclassified as reserved
forests before the end of the century and the process was speeded up to contain the provision
in the revised Forest Act of 1878.

(iii) The Forest Act, 1865 was first enacted to counteract various local population.

(iv) By the Forest Act of 1878, even the village forests were closed, and what was the right of
the people was translated into privileges, and that to for a fee.

(v) The first Forest Policy was in the year 1894, which gave priority to agriculture over forests.

(vi) The next Forest Act was enacted in the year 1927, which made the rules more stringent
and the people’s privileges were curtailed further.
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The Post-Independence Era:
After independence, the area of forestry was given importance, but only after the priority
areas of agriculture and industry. Yet this area gained much importance due to the dams and
reservoir projects that were coming up then. But, the plan allocation seems to be biased
towards agriculture and industries.

The Central Forestry Board was set-up in the year 1950 and this was followed by a National
Policy on Forests in the year 1952. It was in this 1952 National Forest Policy that the target of
33% of the total land to be covered by forests, was established.

The 1952 National Forest Policy was replaced by the National Forest Policy of 1988. This policy
was considered to be better than the earlier one, as it laid emphasis on the conservation of
our existing forests through the reforestation and soil conservation.

1. National Forest Policy 1952

Forest Policy, 1894 was formulated in the pre-independence period when India was under
colonial rule. The main aim of that policy was commercial exploitation than conservation and
protection. As such, the policy was bound to change after independence. Independence of
India followed by enactment of the Constitution of India laid the foundation for a more
comprehensive forest policy in conformity with the socio-economic welfare of the masses.
Accordingly, new NFP was formulated on 12th May 1952 for making the policy consistent with
the goals, targets and policies of independent India where the thrust was on conservation and
protection coupled with sustainable use and exploitation of forest resources. NFP, 1952 set
the target of having atleast 1/3rd of the total geographical area of the country to be under
forest and tree cover. The policy laid stress on economic exploitation coupled with sustainable
use of forests. The demand for forest produce was increasing with increased industrialization
and the use of forest produce in defense, railways and industries and other national needs
Accordingly, the pressure on forests was ever increasing. In this backdrop, NFP 1952 was
formulated with increased focus on conservation and having the forest cover upto 1/3rd of
the geographical area and also meeting the use of forests to meet national needs. Policy also
laid stress on control over denudation in mountainous regions, control over erosion of river
banks and shifting sand dunes.

Six requires that the National Forest Policy 1952 sought to address…
1. Improve country use management, somewhere land was secondhand for the purpose
it is most ideal for, allowing computer to sustain with long periods.
2. Arrest soils erosion press land degradation in mountainous terrain, treeless ground,
coastal plains both the Rajasthan (then called Rajputana) desert.
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3. Improve microclimate through growing real maintaining trees, particularly in surface
outside those rated than forests
4. Meet the ascending demand for grazing land, woods for small agricultural
supplements and fuelwood. Fuelwood generation was seen like an key activity, as it
wish then free cow dung the be used as manure in snack production.
5. Enhance timber production on defences, communication and sector
6. Maximize every revenue from forests on ensure that the 5 needs mentioned above
can live met “in perpetuity”

A functional classification of forests…

The National Forest Policy 1952 classified forests functionable at four categories:

1. Protection forests: forests that were instant for physical and climatic considerations.
The Policy elaborates that forests in sensitive sections like slopes, river valleys and
inshore lands will provide a protective influence on soil, water and climatic
performance of the locality, and that these my far outweigh the restrictions from the
uses of these forests.

However, the Policy also states that “wherever possible”, the scientific management
of protection forests must include the production and exploitation by timberland
“within limits out safety”.

2. National timbers: the forests ensure required to be maintained also managed for
defence, communication, branch plus other matters of public importance. The Policy
highlights which to will a vital approach to securing self-sufficiency of the country.

3. Village forests: also calling “fuel forests”, these forests are expected to serve the
needs of who local communities living in and around forest areas. Village forest
management should aim at meeting who present the well as the coming needs of
the local population. Better on this below.

4. Treelands: today, they are calls “trees outside forests” other TOF. The Principles
highlighted that such treelands are important for the overall heal of the country and
its citizens. Expand tree cover external forests through treelands was approached
indirectly, through events like the Van Mahotsav, by educating the average to be
“tree conscious” and by encourages farmers to establish trees within their farmland,
included community land and along roadsides.

NFP, 1952 laid stress on preservation of protected forests since they are situated on hill slopes
and thus play an important role in protecting soil erosion and plains from floods etc. National
Forests constitute valuable timber and hence are vital for the development of the country and
therefore, is sustainable management is required. Village forests are basically meant to meet
the needs of the local community regarding fuel wood and minor forest produce. Later an
year after, forests under Zamindars were nationalized.
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However, the policy suffered from various drawbacks and was basically an extension of FP,
1894 with emphasis on maintaining 1/3rd of the area under forest cover. However, Imperial
approach of treating forests as revenue resource continued. Hence, the immense pressure on
forests and excessive use of forests led to depletion of forest cover thereby necessitating
change in NFP.

Failure of the 1952 Forest Policy:

The National Forest Policy of 1952 was inadequate to reduce forest depletion. Forests being
a state subject, there was no serious effort made for the preservation and conservation of the
forests. Commercial outlook always dominates and the industrial demands were met without
ensuring natural regeneration or compensator reforestation.

The political environs indiscriminately used the forests land for furthering their political
interests. Maximization of the short- term benefits of economic development was the priority
and the concepts of sustainability, protection and conservation of the forests was almost
forgotten.

It was, therefore, imperative to review and revise the National Forest Policy of 1952, with a
view to evolve a new strategy for forest protection in the future. Hence, the government came
up with the 1988 National Forest Policy.
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2. The National Forest Policy, 1988
National Forest Policy, 1988 governs India's forests, i.e., this policy's objectives are related to
the protection, conservation, and development of forests. It envisages that 33% of the
country's geographical area should be under forest or tree cover. However, The main objective
of the National Forest Policy is to ensure environmental stability and the preservation of
ecological balance, including atmospheric equilibrium, which are essential for the survival of
all life forms, human, animal, and plant. The National Forest Policy of India keeps the
environmental balance and livelihood at its centre. Since implementing the Forest Policy in
1988, the country's forest and tree cover has increased from 19.7% (India State Forest Report,
1987) to 24.62%

What is National Forest Policy, 1988?

The National Forest Policy of 1988 is a significant environmental policy in India. It was
formulated to address the conservation and sustainable management of forests in India. The
policy emphasizes forests' ecological and environmental value, recognizing their role in
maintaining ecological balance. Protection of forest land from encroachment and degradation
is a key objective of the policy. The policy aims to meet local communities' fuelwood, timber,
and non-wood forest product needs. Promoting afforestation and reforestation is a priority,
with an emphasis on involving local communities. Biodiversity conservation and the
protection of wildlife habitats are integral components of the policy. The policy promotes
research and development in forestry and the involvement of various stakeholders in forest
management.

Background of National Forest Policy

In 1850, the British in Bombay appointed the first Conservator of Forests, and in 1864, the
first Forest Department was established. The Forest Policy of 1894 was the first
comprehensive policy on forests in India under British colonial rule. It aimed to establish
custodial and timber-oriented management of forests. However, their policies focused on
resource exploitation rather than forest conservation.

Following independence, the Central Forestry Board was formed in 1950, and a National
Forest Policy was issued in 1952. This post-independence Indian national forest policy
recommended that 33% of the country's total area be brought under forest cover. Later, In
1988, the policy was revised as the government developed a greater awareness of ecological
harm, environmental exploitation, and our duty to protect biodiversity and the environment.

Objectives of National Forest Policy 1988

National forest policy was enunciated in 1988 with the following objectives discussed below:

o To maintain environmental stability through preservation & if necessary, restoration

of the ecological balance that the substantial depletion of the forests has negatively
impacted.
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o To conserve the nation's natural heritage by preserving and protecting the remaining
natural forests, which are home to a wide variety of flora and fauna that represent the
country's incredible biological diversity and genetic resources.
o To check soil erosion and denudation in the catchment areas of rivers, lakes, and
reservoirs to conserve soil and water, lessening floods and droughts, and delaying
reservoir siltation.
o To assess the expansion of sand dunes in Rajasthan's desert regions.
o To significantly increase the country's forest and tree cover through extensive
afforestation and social forestry programmes, particularly in all deforested, degraded,
and unproductive regions.
o To fulfill the needs of the rural and tribal people for fuelwood, fodder, minor forest
produce, and small timber.
o To boost forest productivity to satisfy the country's immediate needs.
o To promote effective wood substitution and efficient use of forest products.
o To mobilise a large-scale, women-led people's movement to accomplish these goals
and reduce strain on already-existing forests.

Need of National Forest Policy 1988

• Under the new aims, the National Forest Policy 1988 identifies the key components
for successful forest management.
• It emphasises the importance of forest management in protecting and improving
forests and forest areas. This involves strengthening protected areas to conserve
biodiversity.
• It acknowledges that forest fringe regions and forest people rely on forests
for fuelwood, food, fodder, and other minor forest output to support their lives.
• As a result, forest management should prioritise these forest services so that the
forest resources are not overexploited by dependent populations.
• It emphasises that while the fundamental goal of forest management is to increase
forest resources and conserve current forest areas, this should not be accomplished
by turning profitable agricultural land into forests.

Blueprint for Forest Management under National Forest Policy 1988

The salient features of National Forest Policy 1988 for forest management are discussed
below:

o Afforestation, Social Forestry & Farm Forestry – The policy outlined the former goal of
increasing the forest and tree cover to 1/3 of the entire land mass. The policy also
mentions that land regulations should be changed wherever necessary to encourage
and enable people and organisations to engage in tree plantation and cultivate fodder
plants, grasses, and legumes on their own property.
o Management of State Forests – No forest should be allowed to be exploited without
the government's approval of the management plan first. The approval procedure
must follow the prescribed format under the National Forest Policy 1988.
o Recognition of Tribal Rights and Concessions – The communities residing in and
surrounding forest regions, especially the tribals, shall have the primary rights to use
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produce derived from forest areas. They should have all of their privileges and rights
completely preserved.
o Emphasize Wildlife Conservation Practices – The demands of wildlife protection
should receive special attention from the forest management process, and strategies
for this should be included in the plans. To preserve genetic continuity between
artificially separated sub-sections of migratory species, "corridors" connecting the
protected areas should be constructed.
o Relationship between forests and Industries – According to the National Forest Policy
1988, locals must not only be given precedence when it comes to employment
opportunities in forest-based industries, but they must also be fully involved in the
production of raw materials and raising trees.

National Forest Policy 1988 - Achievements

• Significant increase in the forest and tree cover.

• Participation of local communities in forest preservation, conservation, and
management through the Joint Forest Management Programme.
• Meeting the rural and tribal communities' needs for firewood, forage, minor forest
produce, and small timber.
• Ex-situ and in-situ conservation efforts for the country's biological diversity and
genetic resources
• A significant contribution to the country's environmental and ecological stability.
• The National Forest Policy of 1988 identifies many major study topics, including
boosting forest produce production per unit area per unit time, restoring wastelands,
marshes, and mining spoils, social forestry practices, forest product replacements, and
animal management.
• The policy also acknowledged that the government had a very weak database for
forest resources and as a result, it mandated periodic surveys using contemporary
methodologies to better evaluate forest state and the success of forest management
initiatives.
• For the past 32 years, this policy has served as the guiding text for forest management.

Conclusion
The forest policies of India are evolving with the times. Of course, there are differences among
the policy profiles during the different times, starting with the British Rule in India and coming
to the latest stage of liberalization of the Indian economy. To consider any policy to be useless
and obsolete, would be to jump to wrong conclusions.The policies have been highly time and
circumstance – specific. Hence, the forest policies in India have served their purpose, but were
a little rigid in their content to change to the demands of the changing times. It would be
proper to take note of the legislative significance of the forest policies—the forest officials
are nor endowed with enough powers to punish the offenders.
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Wild Life (Protection) Act, 1872
Synopsis
• Introduction
• Background
• Need of Wild Life (Protection) Act, 1872
• Features of the Wild Life (Protection) Act, 1972
• Authorities to be appointed under this Act
o Section 3
o Section 4
o Section 5
o Section 6
o Section 7
o Section 8
• Hunting of wild animals
o Cases where hunting of Wild Animals is permitted
▪ Section 11
• Grant of permit for special purposes
o Section 12
• Cancellation or suspension of license
o Section 13
• Central Zoo Authority and Recognition of zoo
o Section 38
▪ Section 38A
▪ Section 38B
▪ Section 38C
▪ Section 38D
▪ Section 38E
▪ Section 38F
▪ Section 38H
▪ Section 38I
▪ Section 38J
• Trade and commerce in wild animals, articles, and trophies
o Section 39
o Section 43
• Prevention and detention of offences
o Section 50
• Cognizance of Offences
o Section 55
• Forfeiture of Property derived from illegal hunting and trade
• Case Law
o Rajendra Kumar v. Union of India
• Conclusion
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Introduction
The Wildlife Protection Act of 1972 is a law in India that aims to protect and conserve the
country’s wildlife. It was created to prevent the illegal hunting, poaching, and trade of wildlife
species, as well as to preserve their natural habitats. Wildlife management has been seen in
India for a long time as Vedas contain hymns in praise of animals and have linked animals
with Gods or goddesses to conserve wildlife. So the Government of India introduced
the Wildlife Act 1972 to provide a legal framework to protect animals and plants and properly
manage their habitats. The Wildlife Protection Act also regulates wildlife trade and products
made from them.

The Wildlife Protection Act of 1972 is a significant legislation that was passed in the year 1972.
It is divided into six schedules that categorize protected plants, specially protected animals,
and vermin species. These schedules outline the level of protection and monitoring required
for various plants and animals. In recent times, the Wildlife Protection Amendment Bill for
2021-2022 has been introduced in the Lok Sabha. This bill aims to expand the coverage of
protected species and align the regulations with the CITES (Convention on International Trade
in Endangered Species of Wild Fauna and Flora) to ensure better conservation measures in
India.

Wild Life Protection Act 1972 - Background

• India is the first country in the world to include measures for environmental
preservation and conservation in its constitution.
• The British Indian Government passed first such law, the Wild Birds Protection Act,
1887, in 1887.
• The law attempted to make the ownership and sale of specific wild birds killed or
caught during a nesting period illegal.
• A second law, the Wild Birds and Animals Protection Act, was passed in 1912.
• This was revised in 1935 with the passage of the Wild Birds and Animals Protection
(Amendment) Act 1935.
• Wildlife conservation was not a priority during the British Raj. Only in 1960 did the
question of wildlife conservation and preventing specific species from becoming
extinct come to the forefront.
• In 1972, the Indian Parliament passed the Wildlife (Protection) Act, which allows for
the conservation and protection of the country's wildlife (flora and fauna).
• The Act is a modest piece of model law that only addressed birds and animals listed in
the Act's Schedule.
• This Act allows for the protection of a number of specified animal, bird, and plant
species, as well as the development of a network of ecologically significant
protected areas throughout the country.
• According to the statute, it allowed state governments the authority to conserve and
preserve animals and birds.
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• The act also made it illegal to capture, slaughter, sell, buy, or possess animals,
including their plumage.

Need for Wildlife Protection Act 1972

• The rapid decline of India's wild animals and birds, one of the country's richest and
most diverse wildlife resources, has been a major source of concern.
• Areas that were once teeming with wildlife have become devoid of it, and wildlife
protection in sanctuaries and National Parks needs to be improved.
• The Wild Birds and Animals Protection Act of 1935 is completely out of date.
• Existing laws are not only out of date, but also provide punishments that are not
proportionate to the offence and financial benefits that result from poaching and
trade in wildlife produce.
• A significant reduction in flora and fauna can generate ecological imbalance, affecting
many elements of climate and the environment.
• This needed to be improved since the sanctions meted out to poachers and traffickers
of wildlife items were disproportionate to the enormous financial gains they get.
• Prior to the passage of this Act, India had just five national parks.

Wildlife Protection Act 1972 - Salient Features

• The Wildlife Protection Act of 1972 is the result of a long-running process that began
in 1887 with the protection of a few wild birds and expanded to include wild animals
in 1912 and specific plants in 1919, eventually covering almost all wildlife resources
that require protection and management.
• Wildlife is a component of 'forests,' and it was a state topic until Parliament approved
this legislation in 1972. It is now a Concurrent List.
• The risk of survival of the wildlife (fauna) listed in Schedules I through V is rated
accordingly.
• Animals included in the Schedule are completely protected from hunting, and trade
and commerce involving such animals is strictly regulated.
• The specified plant species to be protected by the Wildlife (Protection) Amendment
Act of 1991 have been added to schedule VI.
• The Indian Board of Wildlife appoints an expert committee to consider amendments
to the Act as needed.
• With the amendment of the Act in 1991, the powers of the state governments were
almost completely removed.
• State governments are no longer authorised to declare any wild animal a vermin.
Furthermore, livestock immunisation has been made mandatory within a 5-kilometer
radius of a National Park or sanctuary.

Wildlife Protection Act 1972 - Significance

• The Act establishes wildlife advisory boards and wildlife wardens, as well as their
authorities and tasks.
• It aided India's accession to the Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES).
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• CITES is a multinational pact designed to conserve endangered animals and plants.
• It was approved as a consequence of a gathering of IUCN members and is also known
as the Washington Convention.
• For the first time, a thorough inventory of the country's endangered animals was
compiled.
• The Act made it illegal to hunt endangered species.
• The terms of the Act make it illegal to trade scheduled animals.
• The Act authorises the sale, transfer, and ownership of certain animal species in
exchange for a licence.
• Its regulations laid the groundwork for the establishment of the Central Zoo
Authority.
• This is the central organisation in charge of zoo monitoring in India. It was founded in
1992.
• The Act established six schedules that provided varied degrees of protection to various
groups of flora and animals.
• Schedule I and Schedule II (Part II) are given total protection, and offences committed
under these schedules carry the worst punishments.
• Species that may be hunted are also listed in the schedules.

Authorities to be appointed under this Act

Section 3

This section deals with the appointment of various officers such as a director of wildlife
preservation; assistant directors of wildlife preservation; and any officers which may be
deemed necessary to be appointed. The directors so appointed shall exercise their rights and
powers in accordance with the rules or special directions of the Central Government. The
assistant director appointed herein will act as subordinate to the director.

Section 4
The Government under this section can appoint a chief wildlife warden, wildlife wardens, one
honorary wildlife ward can be established in each district, and any officials that may be
necessary. All such officers as appointed by the government shall exercise their rights and
powers in accordance with the rules or special directions of the State Government or rules
given by notification in form of Official Gazette. The wildlife warden and one honorary warden
and all other employees will act subordinate to the chief wildlife warden.

Section 5
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This section talks about the power of authorities to delegate. The director, the chief wildlife
warden can delegate all of his powers or any of his powers and duties with the prior approval
of the State Government to any officer who is subordinate to him. The person to whom the
power and duties are delegated by the director or by the chief wildlife warden shall act
according to the direction given by his superior and all of his acts shall take effect from within
the provisions of this Act and not by way of delegation which is moving outside the purview
of this Act.

Section 6

1. This section deals with the constitution of the wildlife advisory board. This section
states that it is the duty of the administrator that once this Act has been
commenced, he/she should constitute a wildlife advisory board including the
following members.

• The Minister Incharge of the Forest, or if there is no such minister then Chief
Secretary to the government will be the chairman of the concerned board.
• It should consist of two members of the State Legislature, or two members of the
Legislature of the Union Territory, as the case maybe.
• Secretary of the state government or incharge of forest of the government of Union
territory.
• The Forest Officer of the State Forest Department
• An officer which has been nominated by the Director
• Chief Wildlife Warden
• This board shall also include Officers not exceeding the number five, from the State
Forest Department
• It should also include in the board the representative of the tribals not exceeding
three and also the person who are in the opinion of the State, interested in
protection of wildlife, not exceeding the number ten.

1. The State Government shall appoint the Vice-chairman of the Board.

2. The State Government shall appoint the forest incharge of the forest department
or the chief warden as the secretary of the Board.
3. The members of the board will receive the allowance for the performance and
exercising of their duties and responsibilities.
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Section 7

This section prescribes the procedure to be followed by the board. It states that the board
shall meet twice a year at a place which the State Government may order. The acts or
proceedings of the court cannot be declared invalid merely due to irregularity in the
procedure of the board or due to the vacancy therein or in case of defects in the constitution
of the board. The board is bound to regulate its own issues and its own procedure.

Section 8

This section describes the duties of the Wildlife Advisory Board. It states that it is the duty of
the State Advisory Board to advise the State Government on the issues relating to the
selection of areas for declaring the same as Sanctuaries, National park, and Closed areas and
also it has to guide the Government in formulation of the policy for protection and
conservation of wildlife and some specified plants.

Hunting of wild animals

‘Hunting’ as described under the Wild life (Protection) Act, 1972, includes poisoning, killing,
trapping any wild animal or making an attempt to do so. It also includes driving or using any
animal for transport purposes, injuring any wild animal or any of their body parts or killing the
eggs of reptiles and birds, or disturbing the nest or eggs of the reptiles or birds. No person is
allowed to hunt any animal who is specified in Schedule 1, Schedule 2, Schedule 3 and
Schedule 4.

Cases where hunting of Wild Animals is permitted

Section 11
Section 11 of the Wild Life (Protection) Act, 1972 states that in certain circumstances hunting
of wild animals is permitted and are stated below-

1. If the Chief Wildlife Warden is satisfied that the animals listed in Schedule 1 are
becoming a threat to human life or any property or such animal has been affected
by the incurable disease from which it cannot be recovered, in such a situation the
chief warden may give in writing the permit and also stating the reasons for
granting the permission to a person to hunt such animal.
2. If the Chief Wildlife Warden is satisfied that the animals listed in Schedule 2,
Schedule 3, or Schedule 4 are becoming a threat to human life or any property or
such animal has been affected by the incurable disease from which it cannot be
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recovered, in such a situation the chief warden may give in writing the permit and
also stating the reasons for granting such permission to a person to hunt such a
animal.
3. Hunting is permitted and is not an offence if the animal has been killed or wounded
to save the life of one own self or to save the life of others. Any injury done to an
animal due to self-defence is not an offence. Provided that such a person has not
violated any rules under this act and such killing of an animal was necessary, it could
not be avoided.
4. Any animal killed in such a defence will be government property.

Grant of permit for special purposes

Section 12

This section states that permission for hunting can be granted for special purposes. Under this
section, it will be lawful for the Chief Wildlife Warden to grant permission for hunting by giving
an order in writing and collecting the prescribed fee from that person so that he may be
entitled for hunting for special purposes. Provided that such a permit should be granted with
previous permission of the Central Government or State Government. Such special purposes
are given below-

1. For the purpose of education.

2. For scientific research such as shifting of a wild animal to different habitats to
observe the scientific changes in them.
3. For scientific management such as to maintain the healthy population of any kind
of particular species.
4. For collecting the specimens of various kinds from the animal body so as to display
it in a museum or any such similar institutions.
5. For collecting the snake venom for manufacturing various kinds of medicinal drugs.

Cancellation or suspension of license

Section 13
This section states that the Chief Wildlife Warden or any such authorised officer can cancel
or suspend the license of a person, by general or special order of the State Government in
writing and also provide such valid reasons for the suspension or cancellation of the license.
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Protected Areas under the Wildlife Protection Act 1972
• According to the Act, there are five categories of protected places.
o Sanctuaries
o National Parks
o Conservation Reserves
o Community Reserves
o Tiger Reserves

Sanctuaries
• A sanctuary is a safe haven where injured, abandoned, and abused wildlife may dwell
in peace in their natural habitat without human intervention.
• They are naturally existing zones that safeguard endangered animals from poaching,
hunting, and predation.
• Animals are not bred for commercial purposes here.
• The species is safe from any kind of interference.
• Animals may not be captured or killed within the sanctuaries.
• The State government declares a wildlife sanctuary by a Notification. A Resolution of
the State Legislature can change the boundaries.
• Human activities such as wood harvesting, gathering minor forest products, and
private property rights are authorised as long as they do not jeopardise the well-being
of the animals. Human action is restricted.
• They are accessible to the general public. However, persons are not permitted to go
alone.
• There are restrictions on who can enter and/or remain inside the sanctuary's
boundaries.
• Only public workers (and their families), people who own immovable property within,
and others are permitted.
• People travelling on motorways that pass through sanctuaries are also permitted
inside.
• Examples include the Indian Wild Ass Sanctuary (Rann of Kutch, Gujarat);
the Vedanthangal Bird Sanctuary in Tamil Nadu (the country's oldest bird sanctuary);
and the Dandeli Wildlife Sanctuary (Karnataka).

National Parks
• National Parks are locations designated by the government to protect the natural
environment. A national park is more restricted than a wildlife refuge.
• The State government may declare national parks via Notification. No changes to the
borders of a national park may be made without the approval of the State Legislature.
• The primary goal of a national park is to maintain the natural ecosystem of the region
and to conserve biodiversity.
• National parks preserve the scenery, animals, and vegetation in their natural
condition.
• Their limits are set and specified. No human activity is permitted here.
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• Livestock grazing and private tenurial rights are not authorised.
• Species included in the Wildlife Act's Schedules are not permitted to be hunted or
taken.
• Bandipur National Park in Karnataka, Hemis National Park in Jammu and Kashmir, and
Kaziranga National Park in Assam are a few examples.

Conservation Reserves
After engaging with local people, the State government may proclaim an area (especially
those next to sanctuaries or parks) as a conservation reserve.

Community Reserves
After consulting with the local community or a person who has volunteered to protect
wildlife, the State government may establish any private or communal land as a community
reserve.

Tiger Reserves
• In India, these places are designated for the preservation and conservation of tigers.
• They are declared based on the National Tiger Conservation Authority's
recommendations.
• In India, there are 53 tiger reserves regulated by Project Tiger, which is administered
by the National Tiger Conservation Authority (NTCA).
• Some examples are Nagarjunsagar Srisailam, Namdapha National Park, Kamlang Tiger
Reserve, and Pakke Tiger Reserve.

Central Zoo Authority and Recognition of zoo

Section 38
Section 38 states the power of the Central Government to declare any area as National Park
or Sanctuary or zoo. This section contains Section 38A, Section 38B, Section 38C, Section
38D, Section 38E, Section 38F, Section 38G, Section 38H, Section 38I, Section 38J.

talks about the recognition of zoos, acquisition of animals by a zoo, prohibition of teasing,
exploiting the animal in the zoo.

Section 38A
• This section talks about the constitution of the central zoo authority. According to
this section the Central Government is supposed to constitute a body known as
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central zoo authority for the purpose of exercising the powers and functions
assigned under this Act.
• This body should consist of a Chairperson, members not exceeding the number 10,
and the Central Government should elect one Member Secretary.

Section 38B
This section defines the term of office and conditions for service by the members of the
Central Zoo Authority.

• Every member including the chairperson shall hold the office for not more than 3
years.
• If any member or the chairperson wishes to resign from the office he/she has to
give it in writing to the Central Government.
• The Central Government can remove such a person, who is willing to resign or
becomes insolvent, or he/she is of or has become of unsound mind and has been
declared so by the competent court, or who is incapable of acting, or who is absent
for three consecutive meetings of the Authority without obtaining the leave
permission,or his/her continuance to the office is detrimental to the public interest
due to some behavioural aspects such as abusing the position of the chairperson
or any member.
• Vacancies caused due to the removal of earlier members must be filled by the fresh
appointment.
• The conditions of appointment of the chairperson, salaries, allowances must be
prescribed.
• To carry out the goals and purposes of the central zoo authority, the authority may
appoint the members with prior permission from the Central Government.
• The terms and conditions of service by the members, shall be as prescribed.
• Even if there is any defect in the constitution of the authority, the act or
proceedings of the authority cannot be declared invalid or it cannot be questioned.

Section 38C
According to this section, the Central Zoo Authority is bound to perform certain functions as
stated below-

• It should specify the standards of veterinary care for the animals in the zoo and the
minimum housing standards.
• It should keep a regular check on the functioning of the zoo, and evaluate its
compliance with the prescribed rules and norms.
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• It has the function to recognise or derecognize the zoo.
• It should identify and keep a record of the endangered species of wild animals for
the purpose of captive breeding.
• It should assign the responsibility of the captive breeding to the competent
member.
• It has to coordinate the loaning, exchanging, acquisition of animals for breeding
purposes.
• It should keep a record or stud-books of endangered species of wild animals bred
in captivity.
• It should for the purposes of the zoo, coordinate research and educational
programmes.
• It should set the priority and themes with regard to display of animals in the zoo.
• It should conduct the training of zoo personnel in India and outside India.
• It should provide required technical assistance, and other such assistance as
required for the proper management and developing the scientific lens.

Section 38D
This section talks about the procedure that has to be followed by the Authority. This section
states that the Authority shall meet or hold the meetings as and when necessary and at that
time and place the chairperson may think fit. All the ongoing procedure which leads to orders
and decisions must be authenticated by the member secretary. The Authority should regulate
its own procedure.

Section 38E
This section deals with the grant and loans to Authority and fund related issues.

• The Central Government may make to the authority the grant and loans of the sum
which the Government deems fit. The Central Government will have to make due
appropriation with laws passed by the parliament.
• There has to be a fund constituted which is called the central zoo authority fund.
All grants, loans made to the authority by the Central Government shall be credited
thereto. All such sums, fees received by the authority shall be monitored by the
Central Government.
• The fund must be used for meeting the salary expenses, allowances and various
other remuneration for the members, other officers and authorities.
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• The authority is required to maintain the accounts and prepare the annual
statement and such accounts in the form as the Central Government may prescribe
in consultation with the Comptroller and the Auditor General of India.
• Such accounts of the authority shall be audited by the Comptroller and the Auditor
General. Any expenses incurred in such auditing must be paid by the authority to
the Auditor General.
• The Comptroller and the Auditor General and any person who is appointed by him
will have the same rights and duties in connection with such an audit as that of the
Auditor General. Also he will have the right to demand the production of books,
connected vouchers, accounts, other related documents, and various papers to
inspect any of the offices of the authority.
• The accounts of the authority once certified by the Auditor General or any person
appointed by him shall be forwarded to the Central Government by the authority.

Section 38F
This section talks about the annual report preparation procedure. The annual report for each
financial year should be produced by the authority in time and form as prescribed by the
Central Government. Authority is required to send a copy of such an annual report containing
a full account of its activities of the previous financial year.

Under this section, as soon as the reports are received by the Central Government from the
authority they will either accept or will state the reason for non-acceptance, or
recommendations if any. The Central Government shall cause the annual report with a
memorandum of action to be laid before each House of Parliament as soon as they have
received the annual report from the authority.

Section 38H
This section deals with the recognition of zoos.

• No zoo can be opened without recognition by the authority. If a zoo is established

immediately before the commencement of the Wild Life (Protection) Amendment
Act, 1972 can continue to operate without being recognised till the period of 18
months from the date of its commencement and if the application is made within
this period for recognition, it shall continue to operate until the said application is
accepted. In case the application is refused it can continue to operate for six months
from the date of refusal.
• The application for recognition of the zoo, should be made in the form as prescribed
by the Central Government and fees must be paid as prescribed by the Central
Government.
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• Every recognition which is granted shall specify the conditions subject to which the
applicant is required to operate.
• No recognition can be granted unless the authority has complied with the norms
and standards prescribed and has the motive to protect and conserve the wildlife.
• No application for recognition of the zoo can be rejected if the applicant has not
been given a chance to be heard.
• An appeal of rejecting, accepting or canceling the application for the recognition of
zoo shall lie with the Central Government.
• Within 30 days from the date of communication to the applicant, the appeal has to
be filed to the Central Government. The Central Government may accept the
appeal after the prescribed time provided the applicant has a valid reason for such
delay.

Section 38I
This section states that no zoo shall acquire any animal listed in Schedule1 and Schedule2 of
this Act, unless they have prior permission of the concerned Authority.

Section 38J
This section states that no person shall injure, feed, molest or cause disturbance to the wild
animals in the zoo or shall not litter the ground, the area of the zoo.

Trade and commerce in wild animals, articles, and trophies

Section 39
This section says all the wild animals are Government Property. It states-

• wild animals other than vermin, also wild animals which are found dead, or killed
by mistake, Trophy or uncured trophy or other animal article or meat derived from
the wild animal, ivory imported to India or any article made by such ivory, any
vessel, weapon, trap, tool used to hunt the wild animal in the Zoo shall be the
property of the State Government and in case of a National Park or Sanctuary then
such will be the property of the Central Government.
• Any person who possesses any Government property, within the time of 48 hours
should return it to the nearest police station or authorised officer.
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• No person shall without the prior permission of the Chief Wildlife Warden acquire
or keep anything in his possession or control, transfer such property by way of gift
or sale, destroy or damage such government property.

Section 43
This section talks about the regulations in the trade and transfer of the animals. It states-

• A person who doesn’t have the certificate of ownership, shall not in any case sell
or offer to sell by the way of sale or by the way of gift any wild animal which are
specified in Schedule 1, Schedule 2, they shall not make any article containing part
or whole of any animal part or body, should not be involved in the process of
taxidermy except when they have the permission from the Chief Wildlife Warden.
• If any person is shifting from one state to another and acquires by transfer any
animal article, trophy or any uncured trophy from the state in which he used to
reside earlier. Such transfer should be within 30 days reported to the Chief Wildlife
Warden or any authorised officer whose jurisdiction the transfer has effected. No
person who does not possess the ownership certificate should involve in any act of
transfer of any animal or animal article or any uncured trophy.
• While issuing the certificate the Chief Wildlife Warden should do a proper enquiry,
shall investigate to whom the earlier ownership certificate belongs to and then
issue a fresh certificate in the name of the new owner. Also he or she may affix the
identification mark on the body of the animal or uncured trophy or animal article.

Prevention and detention of offences

Section 50

This section deals with the power of entry, search, arrest and detention. It states-

• Notwithstanding with anything contained under any other law in force in the
country if any authorised officer or the Director or any other person authorised by
him or any other person authorised by the Chief Wildlife Warden or by Chief
Wildlife Warden himself or any forest officer or any police officer who is not below
the rank of sub-inspector has certain reasonable grounds that any person has
committed any offence against this Act-

1. Can ask such person to produce the required documents or any licence, permit for
the inspection of the captive animal, plant or part or derivative of any animal under
his control, trophy, uncured trophy, animal article, meat, any specified plant
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2. Can stop any vehicle or vessel for the required search or inquiry of any land, vehicle,
premises, any baggage or any other things of such kind in his possession
3. Can seize any such animal article, vehicle, vessel, weapon, captive animal, meat,
trophy, wild animal, uncured trophy, plant or any part of it unless such authorised
person is satisfied that person who has committed crime against this Act will appear
and answer any charge which is preferred against him. If the fisherman residing
within 10 kms of a Sanctuary or National park uses a boat not used for commercial
fishing, in the territorial waters in the sanctuary or national park, no such boat will
be seized.

• Any authorised person can order to stop any activity done by a person without any
ownership certificate or licence or any permit, provided that according to this Act
the permit or licence is required for such act. It is even lawful for the authorised
officer to detain any person, to arrest such person unless if he satisfies the officer
arresting him that he will duly answer any summons or proceedings which may be
taken against him.
• Any person detained or the things which were seized in the course of exercising the
power by any authorised officer, shall be produced before the Magistrate to be
dealt in accordance with the law.
• Any person who has been suspected of acting unlawfully under this Act, if fails to
produce the required documents, permit or licence or fails to prove his innocence
shall be guilty for an offence under this Act.
• Where any uncured trophy, wild animal, meat, plant or any derivative of it has been
seized by authorised officer, such authorised officer can arrange the sale of the
same and will acquire and use the proceeds as may be prescribed under this Act. If
it was proved that such property does not belong to the Government then such
sale proceeds will be given to the owner.
• If any person approaches any authorised officer for prevention or detection of an
offence, such assistance must be provided by the authorised officer.
• No person who is below the rank of Assistant Director or Wildlife Chief Warden
shall have the power to issue the warrant, to compel any person to produce any
document, to receive any evidence or to issue a search warrant.

Cognizance of Offences

Section 55

This section states that no court should in any case take the cognizance or knowledge of any
offence committed against this Act on the complaint of any other person than the Chief
Wildlife Warden or any other person authorised in his behalf by the state or the Director of
the Wildlife Protection or any other person authorised on his behalf or any person who has
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been given a notice of 60 days to make a complaint of the alleged offence to the Central
Government or State Government or any authorised officer therein.

Forfeiture of Property derived from illegal hunting and trade

In the Wildlife Amendment Act of 2002, a new chapter was incorporated which is Chapter
6(A). This chapter states that if any person or any group of persons or any trust acquired any
property from illegal hunting or prohibited trade of wild animals under this Act the property
would be forfeited by the State Government by the authorised officer. Such forfeiture of the
property by the State Government can be done by the procedure established by law and by
taking necessary steps such as investigation, search or survey of any property, place, people
or documents. If it was found that only a part of property was acquired illegally, such a person
would be given a chance and will be asked to pay the fine which is equivalent to the market
value of the property.

Schedule of Wildlife Protection Act

• The Wildlife Protection Act, 1972, includes various schedules that categorize different
species and provide them with specific legal protections. These schedules play a
crucial role in regulating and conserving wildlife in India. Check the schedule of the
Wildlife Protection Act in the table below.

Schedule Description

Includes critically endangered species like tigers, lions, elephants, and

Schedule
rhinoceros, providing them with the highest level of protection and
I
stringent conservation measures.

Schedule Contains endangered species, such as crocodiles, blackbuck, and Great

II Indian Bustard, requiring special protection and conservation efforts.

Schedule Includes protected species, such as leopards, wild boars, and Indian
III gazelles, ensuring their conservation and regulating their hunting or trade.

Schedule Consists of species that are deemed vermin in specific areas and can be
IV hunted under certain conditions, such as rats and mice.

Schedule Lists the animals that can be hunted with permission, including certain
V birds and animals that are not endangered or protected.

Schedule Focuses on plant species, including rare or threatened plants, and imposes
VI restrictions on their collection, cultivation, or trade.
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Case Law

Rajendra Kumar v. Union of India

In this case, the petitioner was running a business of carver ivory with the license issued by
the State Government, which can be renewed year by year. The Wildlife Protection Act
prescribes certain restraints on the trade and commerce in wild animals. The petitioner stated
that due to the amendments made in section 5, 27, 33, 34, 35 and 37 has affected his business,
his livelihood. Due to the amendment in the above mentioned sections, the import of ivory
has been banned and so the petitioner is restrained from dealing in ivory business.

The petitioner stated certain statistics for supporting his stand by producing the data of 300
years ago, that is, in the 3rd and 4th century the ivory trade has flourished immensely in India.
It was considered to be one of the best Indian art and was an integral part of great Indian
culture. It proved to be a great source of income for the Indian craftsmen. He also referred to
the Schedules of the Wildlife Protection Act and had put before the Court that the list did not
contain the Indian Elephant and it does not include the ivory derived from the mammoth. He
also prayed that such a restriction would affect his right of freedom of trade and livelihood
contained in Article 19(1) of the Indian Constitution.

The court held that the amendment and the incorporation of chapter 6(A) was done in
accordance and directions of the International Trade in Endangered Species of Wild Fauna
and Flora (CITES). The amendment clearly says that trade in african ivory is banned with a
reason to protect the poaching of elephants and stop the fast dwindling of this species. So,
the restriction was held to be valid.

Conclusion
India is a country blessed with a huge diversity in natural resources. It has a variety of flora
and fauna. Such resources must be protected and reserved. For the same reason, the Wildlife
Protection Act, 1972 was brought into force. Many changes were brought with the
Amendment Act,2002. This Act acts like a blanket of protection for various flora and fauna
from illegal poaching, killing, trading in wild animals and various species of plants. This Act
consists of 60 Sections and divided into 8 chapters. This Act empowers the State as well as
the Central government to declare any area as Sanctuary, National Park. Various restrictions
are imposed to carry any activity under these areas and officers are appointed to administer
the activities which are carried on under those areas. Many restrictions on trade and
commerce are imposed to stop the illegal activities. This act helps in protecting, conserving
and preserving the wildlife.
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Forest Rights Act 2006 –

Background
• For a long time, many people, particularly scheduled tribes, have lived in and around
forests in a symbiotic relationship.
• This relationship has resulted in formalised or informal customary rules of use and
extraction, which are frequently governed by ethical beliefs and practises, ensuring
that forests are not overly degraded.
• During the colonial period, the emphasis shifted from the forests being used as a
resource base for local community sustenance to a State resource for commercial
interests and land development for agriculture.
• Several Acts and policies, including the Central Government's three Indian Forest Acts
of 1865, 1894, and 1927, as well as some state forest Acts, curtailed centuries old,
customary use rights of local communities.
• This continued even after independence until 2006, when the Scheduled Tribes and
Other Traditional Forest Dwellers (Recognition of Forest Rights) Act was passed.

What is Forest Rights Act 2006?

• The FRA, which was enacted in 2006, recognises the rights of tribal communities that
live in the forest as well as other traditional forest dwellers to the forest resources that
were essential to their ability to provide for a variety of needs, including subsistence,
habitation, and other sociocultural requirements.
• It acknowledges and grants the occupation of forest land to other traditional forest
dwellers (OTFD) and forest dwelling scheduled tribes (FDST), who have lived there for
many generations.
• While protecting the FDST and OTFD's way of life and food security, it enhances the
conservation regime for the woods.
• The procedure for assessing the kind and scope of Individual Forest Rights (IFR),
Community Forest Rights (CFR), or both that may be granted to FDST and OTFD must
be started by the Gram Sabha.
• The FRA emphasises and addresses conservation and management of India's natural
resources, with a focus on issues of poverty reduction and pro-poor growth.

Forest Rights Act, 2006 - Objectives

• To right the historical wrong done to forest dwelling communities.
• To ensure the land tenure, livelihood, and food security of Scheduled Tribes and other
traditional forest dwellers.
• To strengthen the forest conservation regime by including responsibilities and
authority on Forest Rights holders for sustainable use, biodiversity conservation, and
ecological balance maintenance.
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Salient Features of the Forest Rights Act (FRA) 2006
• Recognition of Rights: The FRA recognizes the rights of forest rights and
occupation in Forest land in Forest Dwelling Scheduled Tribes (FDST) and Other
Traditional Forest Dwellers (OTFD) residing in such forests for generations.
• Vesting of Rights: Forest rights, including individual and community rights, are
vested in the forest-dwelling communities, providing legal recognition to their
historical and cultural connections with the land.
• Categories of Rights: The act delineates various rights, including individual
rights to cultivate, community rights over common property resources, and
rights for traditional seasonal access to forests.
• Gram Sabha’s Role: The Gram Sabha, or village assembly, plays a central role in
the implementation of the act. It is involved in the identification of beneficiaries
and the extent of Individual Forest Rights (IFR) Community Forest Rights (CFR)
or both that may be given to FDST and OTFD.
• Cultural and Religious Rights: FRA acknowledges the cultural and religious
rights of forest-dwelling communities, ensuring the protection of their customs,
traditions, and rituals.
• Consent of Gram Sabha: Prior informed consent of the Gram Sabha is required
for the diversion of forestland for non-forest purposes, ensuring the
participation of local communities in decision-making.
• Protection against Eviction: The act prohibits the eviction of forest dwellers
from their traditional habitats, providing a safeguard against displacement.
• Role of Committees: Various committees, such as the District Level Committee
(DLC) and Sub-Divisional Level Committee (SDLC), are established to facilitate
the process of verification and approval of claims.

Rights under the Forest Rights Act, 2006

Title Rights

• Subject to a limit of 4 hectares, it grants FDST and OTFD the right to ownership of land
cultivated by tribal people or forest inhabitants.
• No additional lands will be awarded; ownership only extends to property that the
concerned family is currently cultivating.

Use Rights

• Dwellers have the right to use grazing grounds, minor forest products, and other
regions.

Relief and Development Rights

• Rehabilitation in cases of illegal eviction or forced displacement, as well as basic

amenities, subject to forest protection restrictions.
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Forest Management Rights

• Rights related to forest management include the ability to safeguard any community
forest resource that has historically been safeguarded and preserved for future use.

Who can claim these Rights?

• Members or communities of Scheduled Tribes who live primarily in and rely on forests
or forest lands for legitimate livelihood needs.
• It can also be claimed by any member or community who has lived in forests land for
at least three generations (75 years) prior to the 13th of December, 2005 for legitimate
livelihood needs.
• The Gram Sabha has the authority to begin the process of determining the nature and
scope of Individual Forest Rights (IFR) or Community Forest Rights (CFR) or both that
may be granted to FDST and OTFD.

Procedure for Claiming the Rights

• First, the gramme sabha (the entire village assembly, not just the gramme panchayat)
makes a recommendation, such as who has been cultivating land for how long, what
minor forest produce is collected, and so on.
• The gramme sabha serves in this capacity because it is a public body in which all
citizens participate, making it fully democratic and transparent.
• The recommendation of the gramme sabha is reviewed by screening committees at
the taluka and district levels.
• The final decision is made by the district level committee. The Committees have six
members, three of whom are government officers and three of whom are elected.
• Anyone who believes a claim is false can appeal to the Committees at both the taluka
and district levels, and if they prove their case, the right is denied.
• Finally, the land recognised under this Act cannot be sold or transferred.

How are the rights recognized?

Besides laying down an elaborate set of rights and powers to the Scheduled Tribes and other
recognised forest dwellers, a lucid, three-step procedure is provided by Section 6 of the Act
with regards to who gets these rights and their recognition. These are mentioned as below:

1. The role of the entire gram sabha, and not merely the gram panchayat, has been
given due importance in the Act. The members of the gram sabha are given the
authority to make a recommendation concerning who possess and cultivate the
land, the duration of the possession or/and cultivation etc.
2. The reason behind providing the responsibility to the gram sabha is the democratic
set up of the same, with participation from various members of the community and
transparent deliberation.
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3. However, in the spirit of the democratic institutionalisation of the village legislature
or gram sabha, their recommendations are not final and are sent for the screening
procedures at two distinct levels: taluka and district levels.
4. According to Section 6(6) of the Act, the power of making the final decision has
been vested to the district-level committee.
5. As far as the composition of the committees is concerned, they consist of six
members, out of which three are elected while the remaining three are
government officials.
6. Section 6(2) stipulates that if at the taluka level, if a person believes a claim to be
untrue, appeals to the Committee in pursuance of the same and they end up
proving the veracity of the same, rights are denied to the claimant.
7. Section 6(4) is an exact replication of the above stated, with the only difference
being that this applies to the district level.
8. Another important right that is recognised under this Act is that the land which is
sanctioned under this law cannot be sold or transferred.

Conclusion
Despite the contentious and debatable nature of this law, the importance and necessity of
the Scheduled Tribes and Other Traditional Forest Dwellers Act (Recognition of Rights) Act,
2006 can not be negated completely. The law assumes even more significant importance
when the country is a developing economy and is full-fledged following the path of capitalism,
thus making it even more substantial to provide a redressal mechanism for vulnerable and
marginalised communities and groups, such as the Adivasis and the other similar tribes, from
the necessary evil of development and infrastructural growth while also safeguarding their
traditions, heritage and identity that forms an important part of the nation’s cultural diversity
as well.