Lok Sabha Question No. 4128 (UNSTARRED), answered on 2025-08-18
Subject: Laws for Environmental Protection
Ministry: ENVIRONMENT, FOREST AND CLIMATE CHANGE
Asked by: Shri K Gopinath

## GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

## LOK SABHA UNSTARRED QUESTION NO: 4128

TO BE ANSWERED ON 18.08.2025

## Laws for Environmental Protection

## 4128.   SHRI K GOPINATH:

Will the Minister of ENVIRONMENT, FOREST AND CLIMATE CHANGE be pleased to state:

- (a) the key laws enacted for environmental protection in the country, detailed information about these acts;
- (b) the consequences for non-compliance with these environmental laws and the manner in which these actions are enforced; and
- (c) the information about the actions taken under these acts during the last three years and current  year,  including  specific  initiatives  and   measures  implemented in  States like Tamil Nadu?

## ANSWER

MINISTER  OF  STATE  IN  THE  MINISTRY  OF  ENVIRONMENT,  FOREST  AND CLIMATE CHANGE (SHRI KIRTI VARDHAN SINGH)

(a) The key laws enacted for environmental protection other than that dealing with Forest, Wildlife  and  Biodiversity  in  the  country  and  detailed  information  about  such  Acts  are  as follows:

## The Environment (Protection) Act, 1986 ;

The  Environment  (Protection)  Act,  1986  has  been  enacted  for  protection  and improvement  of environment  and  the  prevention  of  hazards  to  human  beings,  other  living creatures, plants and property.

The Act consists of four chapters with 26 sections. It empowers the Central Government to take measures to protect and improve environment, power to give directions, laying down standards for emission or discharge of environmental pollutants, laying down procedure and safeguards for the prevention of accidents that may cause environmental pollution and remedial measures for such accidents. Further, it stipulates about measures to be taken for prevention, control  and  abatement  of  environmental  pollution,  establishing  environmental  laboratories, penalties for  contravention  of  Act,  appointment  of  adjudicating  officer for  determining  the penalties.  Thus  it  lays  the  foundation  for  various  Rules  and  policies,  for  the  handling  of hazardous  substances.  Under  Rule  6  and  25  of  the  Environment  Protection  Act,  1986  the following Rules are notified under the Environment (Protection) Act, 1986:

1. The Environment (Protection) Rules, 1986
2. The Manufacture, Storage and Import of Hazardous Chemical Rules, 1989
3. The Noise Pollution (Regulation and Control) Rules, 2000
4. The Ozone Depleting Substance (Regulation and Control) Rules, 2000
5. The Battery Waste Management Rules, 2022
6. Environment Impact Assessment Notification, 2006
7. The Hazardous and Other Wastes (Management & Transboundary Movement) Rules, 2016.
8. The Bio-Medical Waste Management Rules, 2016
9. The Solid Waste Management Rules, 2016
10. The E-Waste (Management) Rules, 2016
11. The Plastic Waste Management Rules, 2016
12. The Construction and Demolition Waste Management Rules, 2016
13. The Lead Stabilizer in Polyvinyl Chloride (PVC) Pipes and Fittings Rules, 2021 etc.

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

The Water (Prevention and Control of Pollution) Act, 1974 has been enacted to provide for  the  prevention  and  control  of  water  pollution  and  the  maintaining  or  restoring  of wholesomeness  of  water,  for  the  establishment,  with  a  view  to  carrying  out  the  purposes aforesaid, of Boards for the prevention and control of water pollution, for conferring on and assigning  to  such  Boards  powers  and  functions  relating  thereto  and  for  matters  connected therewith.

The Act consists of eight chapters with 64 sections. The Act empowers the Central and State  Governments  for  constitution  of  Central  and  State  Boards.  Accordingly,  the  Central Pollution  Control  Board  (CPCB),  State  Pollution  Control  Board  (SPCB)  in  the  States  / Pollution Control Committees (PCC)in the UTs, were established to regulate the discharge of  pollutants  into  water  bodies  and  mandate  treatment  of  industrial  and  sewage  waste  to promote cleanliness of streams and wells. The Act details about the powers and functions of Boards.  It  stipulates  measures for  prevention  and control  of  water  pollution  by  rendering power to obtain information, samples, entry and inspection, prohibition on use of stream or well  for  disposal  of  polluting  matter  etc.  restrictions  on  new  outlets  and  new  discharges. Section 25 of this Act empowers the State Boards to issue consent to establish and consent to operate.  Further, Chapter seven prescribes penalties and procedures for contravention of Act along with appointment of adjudicating officer for determining the penalties.

In exercise of powers conferred by Section 63 of the Water (Prevention and Control of Pollution) Act, 1974 the Central Government after consultation with the Central Board, notified 'The Water (Prevention and Control of Pollution) Rules, 1975'.

## The Air (Prevention and Control of Pollution) Act, 1981 :

The Act provides for the prevention, control and abatement of air pollution, for the establishment, with a view to carrying out the aforesaid purposes, of Boards, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith.

The Act consists of seven chapters with 54 sections. The Act empowers the Central and State Government to establish Central and State Boards for the prevention and control of Air Pollution. It enhances the power of CPCBs, SPCBs constituted under the Water Act to exercise and perform the functions for the prevention and control of air pollution. Chapter four of the said Act stipulates measures for prevention and control of air pollution like power to declare air  pollution  control  areas,  to  give  instruction  for  ensuring  standards  for  emission  from automobiles, restrictions on use of certain industrial plants, power of entry and inspections, drawing of samples etc., Further, chapter six of the Air Act prescribes penalties and procedure for contravention of act, power of Central of Government and State Government to make Rules.

In exercise of powers conferred by Section 53 of the Air (Prevention and Control of Pollution)  Act,  1981,  the  Central  Government  after  consultation  with  the  Central  Board, notified  The Air (Prevention and Control of Pollution) Rules, 1982 & The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983.

## The Commission for Air Quality Management in National Capital Region and Adjoining Areas Act,  2021 :

An Act to provide for the constitution of the Commission for Air Quality Management in National Capital Region and Adjoining Areas for better coordination, research, identification and  resolution  of  problems  surrounding  the  air  quality  index  and  for  matters  connected therewith or incidental thereto.

The Act consists of 31 Sections and five Chapters. The Act empowers the Commission to take all such measures, issue directions and entertain complaints, as it deems necessary or expedient, for the purpose of protecting and improving the quality of the air in the National Capital  Region  and  Adjoining.  The  Act  also  prescribes  about  Penalty  for  contravention  of provisions of Act, rules, orders or directions.

(b) The Central and State Pollution Control Boards and Pollution Control Committees are monitoring compliance to environmental laws. They  take appropriate action against defaulters responsible for increase in all  types  of  pollution  (non-compliance  to  the  effluent,  emission norms, waste management etc.) under the Water (Prevention and Control of Pollution) Act, 1974,  Air (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986.

The non -compliances to the environmental regulations { Water Act, Air Act,       E(P) Act and the Rules made thereunder}, can result in monetary penalty, imprisonment, closure of industrial units/ activities, Environmental Compensation, Cancellation of Consent to Operate / Environmental Clearances etc.

## (c)    The information about the actions taken under these acts in the last three years, including specific initiatives and measures implemented in States like Tamil Nadu:-

The  Tamil  Nadu  Pollution  Control  Board  monitors  the  industries  on  compliance  of environmental standards.  If violation is  noticed,  show  cause  notices  issued.  Once  the  units rectify  the  defects,  further action  is dropped.  If  violation continues,  the units are  called for personal hearing and time will be granted for rectification of defects. In case, the units continue to violate and pollute the environment, the Board issues direction for closure and disconnection of power supply under the provisions of the Water (P&CP) Act, 1974, the Air (P&CP) Act, 1981  and  the  Environment  (Protection)  Act,  1986.  Once  the  unit  rectifies  the  defects,  the closure order is revoked and power supply is restored.

Show cause notice and Closure direction are issued based on the following criteria:

- i. Non-Compliance of Consent order issued under section 25 of the Water (Prevention and Control of Pollution) Act, 1974, and Section 21 of the Air (Prevention and Control of Pollution) Act, 1981
- ii. Non-compliance of discharge/emission Standards prescribed by the Board
- iii. Inadequate Pollution Control Measures
- iv. Industries operating without valid Consent
- v. Illegal discharge of Untreated/Partially treated Sewage/trade effluents.

Tamil Nadu Pollution Control Board also levy Environmental Compensation to industries/Health care Units  in the following cases:

- i. Discharges  in  violation  of  consent  conditions,  mainly  prescribed  standards  /consent limits,
- ii. Not complying with the directions issued,  such as direction for closure due to noninstallation  of  Online  Continuous  Effluent  Monitoring  Systems  (OCEMS),  nonadherence  to  the  action  plans  submitted,  failure  of  preventing  the  pollutants  being discharged in water bodies and failure to implement waste management rules etc.;
- iii. Intentional avoidance of data submission or data manipulation by tampering the Online Continuous Emission/Effluent Monitoring Systems;
- iv. Accidental discharges lasting for short durations resulting in damage  to the environment;
- v. Intentional discharges to the environment-land, water and air resulting into acute injury or damage to the environment;
- vi. Injection of treated/partially treated/untreated effluents to ground water.

The  number  of  industries  for  which  Show  Cause  notice  issued  and  closed  due  to pollution violations in the past 3 years in the State of Tamil Nadu are as below:-

| Year    |   No. of units for which Show Cause issued |   No. of units for which closure order and disconnection of power supply order issued |
|---------|--------------------------------------------|---------------------------------------------------------------------------------------|
| 2023-24 |                                       3482 |                                                                                   152 |
| 2022-23 |                                       5063 |                                                                                   420 |
| 2021-22 |                                       3520 |                                                                                   332 |

## Specific Initiatives of TNPCB

- i. To  address  legacy  waste,  TNPCB  has  identified  291  dumpsites  across  the  State  in coordination with Urban Local Bodies (ULBs) and adopted Bio Mining as a sustainable solution for the treatment and reclamation of these sites and initiated Bio-mining in 290 out of 291 dumpsites in 241 locations.
- ii. The    Integrated  Environmental  Monitoring  Studio  has    been  established  for  online monitoring  of  emissions  from  major  industries  including  Cement,  Oil  Refinery,
3. Petrochemicals, Thermal Power Plants, Fertilizers, Iron & Steel units, and integrates modules  for  tracking  hazardous  waste,  biomedical  waste,  e-waste,  and  consent management. Presently,  820 industrial units are connected to the centre for stack and ambient air quality monitoring.
- iii. The Manali-Ennore Restoration &  Rejuvenation Council  (MERRC)  has  been established  in  response  to  major  environmental  incidents  including  an  oil  spill  and ammonia gas leak. MERRC coordinates with multiple line departments to implement a holistic ecological restoration programme for the Manali-Ennore region. TNPCB has established a dedicated District Environmental Engineer office and two flying squads to conduct inspections, mock drills, community awareness programmes, and prevent unauthorized waste movement and illegal discharges.
- iv. The  TN  Fishnet  Initiative  (TNFI)  was  launched  to  address  plastic  pollution  from discarded or abandoned fishing gear, which constitutes a significant portion of marine litter. The initiative has been expanded to all thirteen coastal districts.
- v. The Online Waste Exchange Bureau was launched to facilitate circular economy by connecting industrial  waste generators with authorized recyclers, co-processors, and other waste utilizers through a transparent, web-based platform.
- vi. The State-wide campaign "Meendum Manjappai" was launched in December 2021 as a people's movement against single-use plastics. Under the State-wide campaign, 8.6 lakh  traditional  yellow  cloth  bags  have  been  distributed  and  more  than  2.76  lakh awareness activities have been conducted.

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