PENALTIES AND PROCEDURE FOR AIR POLLUTION PRESENTATION.pptx

Penalties and Procedure for Air Pollution in India

1. PREPARED BY, Maheswari K I M.Com Department of Commerce (2023-2025) S.T.Hindu College, Nagercoil , Kanniyakumari District, Tamil Nadu, India. PENALTIES AND PROCEDURE FOR AIR POLLUTION

2. WHAT IS AIR? Air is a mixture of several gases. The main gases are nitrogen (78.09%) for forming products such as, fertilizers for plants and for making the air inert, oxygen (20.95%) for breathing and carbon dioxide (0.03%) for photosynthesis. Some other gases like argon, neon, helium, Krypton, hydrogen, ozone, xenon and methane are also present. Besides, water vapor and dust particles make their presence felt in one way or the other.

3. AIR POLLUTION Air pollution is the contamination of the indoor or outdoor air by a range of gases and solids that modify its natural characteristics and percentage. Air pollutants can be categorised into primary and secondary pollutants. A primary pollutant is an air pollutant emitted directly from a source. A secondary pollutant is not directly emitted as such, but forms when other pollutants (primary pollutants) react in the atmosphere.

4. 1.PRIMARY POLLUTANTS Oxides of Sulphur Oxides of Nitrogen Oxides of Carbon Particulate Matter Other Primary Pollutants 2.SECONDARY POLLUTANT Ground Level Ozone Smog

5. PENALTIES

6. Crime Causing air pollution beyond air quality limits Law The law bans Industries from releasing any air pollutants more than the limits the State Pollution Control Board has laid down. If they do, the person in charge of the establishment has to immediately notify the State Pollution Control Board and they have to pay for any corrective measures that the agencies undertake to reduce the impact of such harmful emissions as per the polluter pays principle. Punishment The concerned State Pollution Control Board can make an application to a Court for restraining the offender from emitting the air pollutant. The polluter will have to reimburse the costs plus interest the State departments have to bear to control the pollution.

7. Crime An industrial plant is set up or operated without proper permission Law It is a crime for an industrial plant to set up or operate without the proper permissions from the State Pollution Control Board or exceed the allowed emission limits or the proper pollution control equipment. Punishment The punishment is jail time of one and half years to six years, along with a fine. If the violation continues, then an added fine of Rs . 5000 (maximum) can also be imposed for each day it continues. If such failure continues for more than a year, then the offender can be punished with jail time for 2 to 7 years, with fine.

8. Crime Use of vehicle in unsafe condition Law If a vehicle is driven in a public place, which violates the standards laid down in relation to noise and air pollution, it is a punishable offence. Punishment The punishment is a fine of Rs . 1000 for a first offence and Rs . 2000 for a second offence .

9. Crime Violation of PUC(Pollution Under Control) Certificate Law A person using a motor vehicle will be fined if they are not carrying a valid PUC( Pollution Under Control) Certificate issued by the Ministry of Road, Transport and Highways. Punishment The punishment is a fine of Rs . 10000.

10. Crime Environmental pollution: pollution of air Law Violation of any provision of the Environmental Protection Act, 1986 i.e pollution of air is a crime. Punishment The punishment is jail time upto 5 years along with a fine that may extend to Rs . 100000. Continued failure to comply with the law will lead to an additional fine of Rs . 5000 for every day of non-compliance.

11. PROCEDURE

12. Inspection and Sampling: Pollution control boards, or authorized officers, have the power to enter any premises, inspect and take samples of emissions or other substances for analysis. Service of Notices: If a pollution control board believes that a person is contravening the provisions of the Act, it may serve a notice on the person requiring compliance or specifying corrective measures. Authorization for Discharge: Industries and entities discharging pollutants must obtain authorization from the pollution control board. The authorization specifies the conditions and standards for discharge.

13. Adjudication: In case of contravention, the pollution control board may initiate adjudication proceedings. Adjudicating officers have the power to determine liability and impose penalties. Appeals: Persons aggrieved by the orders or decisions of the pollution control boards or adjudication officers have the right to appeal to the Appellate Authority. Enforcement: Pollution control boards have the authority to enforce compliance with the provisions of the Act, including the imposition of penalties.

14. Emergency Measures: During situations of acute pollution or environmental emergencies, the pollution control boards may issue orders specifying emergency measures to be taken by industries or entities. Publication of Information: The pollution control boards are required to publish information on air quality, pollution levels, and other relevant data to keep the public informed.

15. Compensation: The Act provides for the payment of compensation by polluters for any damage caused to the environment or to any property as a result of pollution. Cognizance of Offences: Courts can take cognizance of offenses under the Act based on complaints or information received from pollution control boards or authorized officers.

16. https://nyaaya.org/legal-explainer/what-are-the-offences-and-punishments-under-air-pollution-laws/ REFERENCE

17. THANK YOU 😊