This document provides an overview of air pollution legislation and initiatives in Pakistan. It discusses several key laws passed in Pakistan related to air pollution, including the Pakistan Penal Code (1860), Factories Act (1934), West Pakistan Prohibition of Smoking Ordinance (1960), and Motor Vehicles Ordinance (1965). It also outlines national strategies, international agreements signed, and programs implemented in Pakistan to address air pollution issues. Finally, it discusses challenges to effective implementation of laws in Pakistan related to lack of comprehensive legislation, standards, enforcement, awareness, and economic incentives.

1. Legislation in Pakistan On
Air Pollution
Zainab Arshad
Department of Environmental Sciences
University of Gujrat

2. Contents
• Introduction
• Legislation in Pakistan on Air Pollution
• The Pakistan Penal Code, 1860 (update of the pre-partition British code)
• The Factories Act, 1934
• The West Pakistan Prohibition of Smoking in Cinema Houses Ordinance, 1960
• The Motor Vehicles Ordinance, 1965
• The Motor Vehicles Rules, 1969
• Strategies in Pakistan on Air Pollution
• The National Conservation Strategy (NCS, 1992)
• Provincial Conservation Strategies
• The National Environmental Action Plan (NEAP)

3. Contents
• International Conventions and Treaties in Pakistan on Air Pollution
• Program and Project Initiatives in Pakistan on Air Pollution
• Fuel Efficiency in Road Transport Sector project (FERTS)
• Introduction of Alternative Fuels, CNG
• Establishment of Cleaner Production Centers (CPCs)
• Urban-Industrial Environment Protection (UIEP) program in NWFP
• Pollution Monitoring and Inventories projects
• Measures for Control of Industrial Emissions
• Problems in Implementation of Laws in Pakistan
• Conclusion
• References

4. Air pollution
Air pollution occurs when harmful
substances including particulates and
biological molecules are introduced into
Earth's atmosphere.
It may cause diseases, allergies or death
of humans; it may also cause harm to
other living organisms such as animals
and food crops, and may damage the
natural or built environment.
Human activity and natural processes
can both generate air pollution.

5. Legislation in Pakistan
• Pakistan’s constitution confers concurrent legislative on
the federation and the provinces to legislate with respect
to environmental pollution and ecology.
• Pakistan has had laws that contain provisions for
environmental protection.
• These laws, which were partly inherited from the British
India, dealt with air and water quality, canal irrigation,
land tenure and use, forest conservation, wildlife
protection, energy development, pesticides use, noise and
public health.

6. Legislation in Pakistan on
Air Pollution
• The Pakistan Environment Protection Act,
promulgated in December 1997, is an
improvement over the 1983 Environmental
Protection Ordinance, and reflects extensive and
prolonged consultations with the stakeholders.
• The PEPA, a comprehensive law, provides for
protection, conservation, rehabilitation and
improvement of environment, for prevention and
control of pollution and promotion of sustainable
development.
• The act covers air, water, soil and noise pollution,
including hazardous waste disposal and vehicular
pollution.

7. Legislation in Pakistan
on Air Pollution
• The Pakistan Penal Code, 1860 (update
of the pre-partition British code)
• The Factories Act, 1934
• The West Pakistan Prohibition of
Smoking in Cinema Houses Ordinance,
1960
• The Motor Vehicles Ordinance, 1965
• The Motor Vehicles Rules, 1969

8. The Pakistan Penal Code, 1860
• The Pakistan Penal Code usually called PPC is a penal code for all
offences charged in Pakistan.
• It was originally prepared by Lord Macaulay with a great
consultation in 1860 on the behalf of the Government of India as
the Indian Penal Code.
• After the independence in 1947, Pakistan inherited the same code
and subsequently after several amendments by different
governments, in Pakistan it is now a mixture of Islamic and English
Law. Presently, the Pakistan Penal Code is still in effect and can be
amended by the Senate of Pakistan.

9. The Factories Act, 1934
• An Act to consolidate and amend the law regulating labor in
factories. This Act may be called the Factories Act, 1934.
• It extends to the whole of Pakistan.
• It shall come into force on the 1st day of January 1935.
• whereas it is expedient to consolidate and amend the law
regulating labor in factories.
• Main issues-in-focus include Corruption, Emergencies,
Employment, Migration, Informal Sector, Human Trafficking,
Occupational Safety and Health, Privatization, Unemployment,
Sexual Harassment, Social Protection, Domestic Work.

10. Cont…..
• Main core labor standards include Child Labor, Equality and
Discrimination, Forced Labor, Unionization and Collective
Bargaining.
• Main labor market includes Job Security, Job Regularization,
Conditions of Work, Strikes, Wages/Benefits, Youth Employment.

11. Cont…
• Main legal framework includes Constitution, Laws (Bonded Labor
Laws, Children’s Employment, Factory Laws, Industrial Relations,
IRA 2008, Industrial Relations Law-KP, Mine Laws, Social Security
Laws, Old Age Benefits Laws, Transport Laws), Policy (Labor
Policies of Past, Child Labor Policy, Labor Inspection Policy 2006,
Labor Protection Policy 2006, Labor Policy 2010, Ratifications,
Legal Discourse, Developments),

12. The West Pakistan Prohibition of Smoking in
Cinema Houses Ordinance, 1960
• An Ordinance to amend and consolidate the law relating to the
prohibition of opium smoking in the Province of West Pakistan.
• It is expedient to amend and consolidate the law relating to the
prohibition of opium smoking in the Province of West Pakistan.
• This Ordinance may be called the West Pakistan Prohibition of
Opium Smoking Ordinance, 1960. It extends to the whole of
Pakistan.

13. It covers following sections
• Short title and extent of act,
• Definitions related to act,
• Prohibition of opium smoking,
• Offences and punishments,
• Penalty when owner fails to give notice
of use of place for opium smoking, etc,
• Penalty for keeping or using a place
used for opium smoking,
• Penalty for offences not otherwise
provided for,
• Presumption raised by presence of
opium smoking appliances,
• Search warrants and powers to search,
• Powers of excise officers to search without
warrant,
• Procedure for arrest, etc,
• Special powers of excise officer,
• Bail and security,
• Aid to excise officer,
• Confiscation and destruction of opium and
things seized,
• Offences to be triable by first class
magistrates only,
• Bar of suits and proceedings and Repeal.

14. The Motor Vehicles Ordinance, 1965
• An Ordinance to amend and consolidate the law relating to Motor
Vehicles in the Province of West Pakistan.
• It is expedient to amend and consolidate the law relating to motor
vehicles in the Province of West Pakistan; and whereas the
Provincial Assembly of West Pakistan is not in session and the
Governor of West Pakistan is satisfied that circumstances exist
which render immediate legislation necessary.
• Now, therefore, in exercise of the powers conferred on him by
clause (1) of Article 79 of the Constitution, the Governor of West
Pakistan is pleased to make and promulgate the Ordinance.

15. Cont…
• Its first section covers preliminary which includes Short title and
extent of act & Definitions.
• Its second section covers licensing of drivers of motor vehicles.
• Third section covers registration of motor vehicles.
• Fourth section covers control of transport vehicles.
• Fifth section covers Punjab road transport board.
• Sixth section covers construction, equipment and maintenance of
motor vehicles

16. Cont…
• Seventh section covers control of traffic.
• Eighth section covers offences, penalties and procedure.
• Ninth section covers miscellaneous which includes Publication of
and commencement of rules, Appointment of motor vehicles
officers, General provisions regarding appeals to prescribed
appellate authorities, Repeal and savings.

17. The Motor Vehicles Rules, 1969
• These rules may be called the Baluchistan N.W.F.P. Punjab
and Sind Motor Vehicles Rules, 1969.
• They shall extend to the whole of the Pakistan, except the
Tribal Areas.
• They shall apply to the whole of the North-West Frontier
Province.
• They shall come into force at once.

18. Cont…
• Its first section covers the Preliminary
which includes Short title, extend and
commencement, Definitions, Payment
of fees, Power of Government to
exempt motor vehicles from the
operation of the rules.
• Second section covers Licensing of
Motor Vehicles.
• Third section covers the Registration of
Motor Vehicles.

19. Strategies in Pakistan on Air Pollution
• The National Conservation
Strategy (NCS, 1992)
• Provincial Conservation
Strategies
• The National
Environmental Action Plan
(NEAP)

20. International Conventions and Treaties in
Pakistan on Air Pollution
• Pakistan has signed the following international
treaties pertaining to air emissions:
• United Nations Framework Convention on Climate
Change, 1992
• Vienna Convention for the Protection of the Ozone
Layer, 1985
• Montreal Protocol on Substances that Deplete the
Ozone Layer, Montreal, 1987 and Amendments
• Stockholm Convention on Persistent Organic
Pollutants (POPs), 2001

21. Program and Project Initiatives in
Pakistan on Air Pollution
• Fuel Efficiency in Road Transport
Sector project (FERTS)
• Introduction of Alternative Fuels,
CNG
• Establishment of Cleaner
Production Centers (CPCs)
• Urban-Industrial Environment
Protection (UIEP) program in
NWFP
• Pollution Monitoring and
Inventories projects

22. Measures for Control of Industrial Emissions
Many innovative plant level and institutional measures have been initiated:
• Revised and more realistic National Environmental Quality Standards (NEQS) have
been issued by the Pak-EPA. The standards specify limits for industrial gaseous
emissions and effluents, and for emissions of sulfur dioxide and nitrogen oxides from
power plants operating on coal and oil.
• Two Environmental Protection Tribunals, one each in Lahore and Karachi, have been
established to hear and decide environmental cases submitted by the public as well
as appeals against the orders of EPAs. These innovative measures need to be
supported by implementation mechanisms to ensure effectiveness and transparency.

23. Cont….
• Under PEPA 97 Section 6(1)(i), a Self-Monitoring and Reporting (SMR) system
has been introduced after exhaustive consultations with the representatives
of industry.
• Based on the notified Self-Monitoring and Reporting Rules, 2001, a Self-
Monitoring and Reporting Tool (SMART) has been developed by Pak-EPA, with
technical assistance from the Sustainable Development Policy Institute
(SDPI).
• A pilot–phase program for SMART demonstration and testing has already
been completed with 50 industrial units (Khwaja, Mahmood, A, SDPI, 2001).
• Under PEPA-97, section 16, EPAs have issued 235 environmental protection
orders (EPOs) and several show cause notices to polluters.

24. Problems in Implementation of
Laws in Pakistan
• Lack of Comprehensive Set of Environmental Laws
• Lack of Standard
• Lack of Adequate Formal Enforcement Procedures
and No availability of the Tools of Implementation
• Lack of Awareness
• Lack of Respect for the Law
• Lack of Economic Incentives

25. Conclusion
• Pakistan has had laws that contain provisions for
environmental protection.
• These laws, which were partly inherited from the British
India, dealt with air and water quality, canal irrigation, land
tenure and use, forest conservation, wildlife protection,
energy development, pesticides use, noise and public health.
However, these laws were ineffective and punishment for
violation was mild and easy to circumvent.
• The laws also did not adequately cover the subject areas and
several were outdated.
• Many aspects of the environmental degradation remained
uncontrolled and under-regulated.

26. References
• Ullah, K., Arentsen, M. J., & Lovett, J. C. (2017).
Institutional determinants of power sector reform in
Pakistan. Energy policy, 102, 332-339.