DEVELOPMENT OF LEGAL FRAMEWORK TO PROTECT THE ENVIRONMENT AND CONTROL POLLUTION ( PART 1)

Introduction

The law and its implementation plays an important role in evaluation and transformation of social system and hence with the changing needs and hues of the society, there is a need to develop, Singh has pointed out the environmental law and other common laws which related to the protection of the environment and maintain the quality of environment4 According to Tiwari Committee 1980 (First National Committee) set up by the Supreme Court, considered about 200 old laws relating to environmental legislation.5 Various Acts and rules have been formed and passed by the Madhya Pradesh Government which protects the environment.

Here some direct or indirect framed Acts & rules which control the air pollution are being described:

The M.P. Opium smoking ACT, 1929 Section – 2 – Definitions Opium

Opium means Chandu Madak and every preparation or admixture of opium which may be used for smoking and includes dross and other residues remaining when opium has been smoked.

SECTION – 5 Presumption raised by presence of opium and opium smoking apparatus

The presence of any opium and of any pipes or apparatus for the smoking of opium or of any apparatus for the preparation of opium. In any place where two or more persons are assembled shall be held sufficient to raise a presumption that such persons have assembled at such place for the purpose of smoking opium or of preparing opium for smoking purpose.

M.P. opium smoking rules, 19587 Rule – Disposal of confiscated articles

If the things confiscated the opium or a pipe or apparatus for smoking of opium, or apparatus for the preparation of opium, such thing or things shall be destroyed under the orders of the collector or the district exercise officer or the court ordering confiscation. Any other article confiscated shall be similarly destroyed under the orders of the above mentioned authorities, unless the estimated value there of exceed Rs.10 in which case it shall be destroyed or sold as the collector may direct.

M.P. Motor vehicles rules, 1974 (MP RAJPATRA– 1974)8

Rule 157 – Emission of Smoke, vapour and grease

  1. Every motor vehicle shall be so constructed, maintained, driven and used on a road that there shall no emitted, therefore any smoke, visible, grit, spark and ashes, cinders or oily substance, the emission of which could be prevented or avoided by the taking of any reasonable steps or the exercise of reasonable are or the emission of which might cause damage to other persons or properly or endanger the safety or any other users of the road in consequences of any harmful content there in.
  2. In respect of every motor vehicle powered by compression ignition (diesel) engine the some density shall not exceed.

(a) For motor vehicles operating in urban areas. Sixty five Hartridge smoke unit as measured by free acceleration method 5.2 Bosch or 70 Hartridge smoke units as measured by full road method.

(b) For motor vehicles operating in non – urban areas. Seventy Hartridge smoke unit as measured by free acceleration method 5.5 Bosch or 80 Hartridge smoke units as measured by full road method.

M.P. Municipal Corporation Act. 1956 (RAJPATRA 1956)9

Section 5 – Definitions (40) – Nuisance

Include any Act, omission place or things which cause or likely to cause injury, danger, annoyance or offence to sense of right smell or hearing or disturbance to or sleep of the community or which is or may be dangerous to life or injurious to the health or property against mortality

Section 247 – Sanitary Regulation of Faction etc

Wherever it appears to the commissioner that any factory, workshop or any work place or any building or place in which mechanical power is employed is not kept in a clearly state, or is not ventilation in such a manner as to render as for as practicable harmless any gas, vapour, shoot or other impurity generated in the course as to be dangerous or is so over crowded during working hours as to dangerous or injurious to health of person employed there, or than any to health of person employed there, or any other machinery therein is so or so insecurely fenced as to be dangerous to life or limb, the commissioner may be written notice require the owner there to take such order 1(in respect there of) as the commissioner shall think fit to order.

Sec. 427Bye Laws10 22 – Nuisance (a)

The discharge of smoke, stream, dust fumes or noxious vapours.

Construction of Building – (h)

The space to be left about any building to secure the free circulation of air and to facilitate scavenging and to prevent fire and the minimum width of streets in front of buildings.

  1. The ventilation and drainage of building and minimum dimensions of doors and windows.
  2. The position, material, method of construction of fire places, smoke escapes, chimneys, staircases, accommodation and drains in building.
  3. The height of factory chimneys and the consumption of smoke.

The M.p. Nagar Tatha Gram Nivesh Adiniyam, 1973 (Mp Rajpatra)11

Section – 17 – Content of Development Plans A Development Plan shall (j)

Indicate measures for food control, prevention of air and water pollution, disposal of garbage and general environmental control.

The M.p. Bhumivikas Rules, 1984 Rule 2 Definitions –12

Chimney – means an upright shaft containing and encasing one or more flues provided for the conveyance to the outer air of any product of combustion resulting from the operate of any heat producing appliances or equipment, employing solid, liquid or gaseous fuel.

M.p.factories Rules, 196212 Rule 2 – Definitions – (c)

Artificial humidification means the introduction of moisture into the air of a room by any artificial means whatsoever, except the unavailable and escape of stream or water vapour into the atmosphere directly due to manufacturing process.

Fume – include gas or vapour. Rule 31 – Breathing Apparatus

There shall be provided in enemy factory where dangerous gas and fume is liable to escape a sufficient supply of –

(I) Breathing apparatus of an approved make for the hazards involved

(II) Oxygen and suitable means of its administration

(III) Life–belts.

The Mines And Minerals (Regulations And Development) Amendment Act. 1986 (Gazette Dated 22.8.86)13

Sec. 4 – Termination of Prospecting Licenses or Mining Leases

Where the Central Government often consultation with the State Government is of opinion that it is expendiant in the interest of regulation of mines and mineral development, prevention of natural environment, control of floods, prevention of pollution (Water and Air), or to avoid danger to public health or communication or to ensure safety of building’s monument of other structure or for conservation of natural resources or for maintaining safety in the mines or for such purposes, as the Central Government may deem fit, it may request the State Government to make premature termination of prospecting license or mining lease in respect of any mineral other than a minor mineral in any area or part there of, and on receipt of such request, the State Government shall make on order making a premature termination of such prospecting license or making lease with respect to the area or any part thereof.

Conclusion

Environment is not for a country, state or a person. It is for all. So we must be aware of environment. Air is most important factor of environment. Air pollution is very acute and big problem due to industrial development. Polluted air cause many diseases in human beings. Man becomes unhealthy. Legal control is the best remedy to control pollution. Air (Prevention and Control of Pollution) Rule 1983 is direct force to control of air pollution of the state but some other Acts and Rules are necessary to control pollution. We must be aware of these Acts and Rules.

Laws can control a person for doing wrong act to pollute the air. There must be provision for fine, punishment or both for a person who pollute air in any way.

References

  1. Air pollution raises Blood Pressure according to the study of Sherry Baker, Health Science,www.Naturalnews.com/2411 0pollutionhealth. html.
  2. The social dimensions of Law and Justice in Contemporary India AIR publications pages 9 -11.
  3. The social dimensions of Law and Justice in Contemporary India AIR publications pages 9 – 11.
  4. Singh Chhatrapati “Environment and the Law” in legal aspect of environment pollution and its management S M Ali et. al. CBC publishers and distributors, New Delhi (1992).
  5. Singh R.B. and Suresh Mishra “Environment law in India” issue and response concept publishing company New Delhi.
  6. U P Act No 4of 1929. The Act will the exception of Sec. 7 come in to force in the central provinces with effect from 1 June 1929 and Bare with effect from 1 july1929 substitute d by M.P Act 23 of 1959.
  7. Published in M.P Gazette part 4 G dated 1.5.1959 page 237 Sep. separate revenue department Notification No.327-VSR dated 20 April 1959.
  8. No5439 II A (2) Bhopal Dated 29 Oct. 1974. Issue by Govt. of M.P home transport department published in M.P Rajpatra dated 30.11., pp3173-3196 (1974).
  9. No.23 of 1956. An Act to provide for establish 4 month of Municipal Corporation of certain cities in M.P. Received the assent of this highness the Rajpatra (1956).
  10. Sethi K.L “Commentary on Municipal Corporation Act, 1956. The lawyer home India (1989).
  11. No. 23 of 1973 published in M.P. Rajpatra (Asadharan) dated 24-6-173 paper 1631 (1950).
  12. Sethi K.L. “Factory Laws in M.P.” Delux Publishing Company Indore (7th Edition) (1988 ).
  13. Received asset of President on 21 Aug 1986 & Act published in Gazette of India extraordinary Part II Section I dated 22/8/86 Act No. 37.

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