ENVIRONMENTAL REGULATIONS AND LEGAL FRAMEWORK IN INDIA- OTHER ENVIRONMENT – RELATED LAWS

The Shore Nuisance (Bombay and Kolaba) Act, 1853
This is the earliest Act on the statue book concerning control of water pollution in India.

The Serais Act, 1867
The Act enjoined upon a keeper of Serai or an inn to keep a certain quality of water fit for consumption by “persons and animals using it” to the satisfaction of the District magistrate or his nominees. Failure for maintaining the standard entailed a liability of rupees twenty.

The North India Canal and Drainage Act, 1873
Certain offences have been listed under the Act contained in Section 70.

Obstruction in Fairways Act, 1881
Section 8 of the Act empowered the Central Government to make Rules to regulate or prohibit the throwing of rubbish in any fairway leading to a port causing or likely to give rise to a bank or shoal.

Indian Easements Act, 1882
Illustrations (f), (h) and (j) of Section 7 of the Act deal with pollution of waters.

The Indian Fisheries Act, 1897
The Indian Fisheries Act, 1897 contains seven sections. Section 5 of the Act prohibits destruction of fish by poisoning waters.

Indian Ports Act, 1908
Water pollution by oil has been regulated by the Indian Ports Act, 1908.

The Indian Forest Act, 1927
Section 26(i) of the Act makes it punishable if any person, who, in contravention of the rules made by the State Government, poisons water of a forest area. The State Government has been empowered under Section 32(f) to make rules relating to poisoning of water in forests.

The Damodar Valley Corporation Act, 1948
The Act overnment the Corporation to make regulations with the previous sanction of the Central Government for preventing “pollution of water”.

The Factories Act, 1948
Factories Act, 1948 is a social welfare legislation intend to secure health, safety and welfare of the workers employed in factories. Hiowever,some of the provisions of this Act are concerned with prevention of water pollution.

The Mines Act, 1952
Chapter V of the Act deals with provisions regarding health and Safety of the employees. Section 19(i) Government upon arrangement for the quality of water for drinking purposes.

The River Boards Act, 1956
The Act provides for the creation of River Boards for regulation and development of interstate rivers and river valleys. One of the functions of the Board is to advise to the Government concerned on “prevention of pollution of the waters of the interstate rivers”.

The Merchant Shipping Act, 1958
The International Convention for the Prevention of Pollution of the Sea by Oil, 1954 is the first treaty for the reduction of oil pollution of the sea. In order to give effect to this Convention, the Merchant Shipping Act regulates and controls the discharge of oil or oil mixture by an Indian tanker or ship within any of the prohibited zones or by a foreign tanker or other ship within the prohibited zone adjoining the territories of India. Further, there is a prohibition for discharging any oil anywhere at sea from an Indian ship.