ENVIRONMENTAL LAWS

India is the first country, which has made provisions for the protection and improvement of environment in its Constitution.  In the 42nd amendment to the Constitution in 1976, provisions to this effect were incorporated in the Constitution of India with effect from 3rd Jan, 1977.  In the Directive Principles of State Policy in Chapter IV of the Constitution, Article 48-A was inserted which enjoins the State to make endeavor for protection and improvement of the environment and for safeguarding the forest and wild life of the country.  Another landmark provision in respect of environment was also inserted, by the same amendment, as one of the Fundamental Duties of every citizen of India.  Article 51-A (g) of the Constitution stipulates that it shall be the duty of every citizen of India 'to protect and improve the natural environment including forests, lakes, rives and wild life and to have compassion for living creatures'.

After the Stockholm Conference on Human Environment in June, 1972, it was felt to have uniform laws all over the country for solving environmental problems endangering the health and safety of our people as well as of our flora and fauna.  Hence a series of environmental Acts and Rules are enacted.  Some of them are as follows:-

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

        An Act 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 Water (prevention and Control of Pollution) Cess Act, 1977

                An Act to provide for the levy and collection of a cess on water consumed by persons carrying on certain industries and by local authorities, with a view to augment the resources of the Central Board and the State Boards for the prevention and control of water pollution constituted under the Water (Prevention and Control of Pollution) Act, 1974.

The Water (Prevention and Control of Pollution) Cess Rules, 1978

                A Rule to specify standards of meters to be affixed, specify returns to be furnished, the manner in which and the time within which the cess collected shall be paid to Central Government, specify the powers to be exercised by officer or authority, specify authority which may impose penalty, specify authority to which an appeal may be filed or any other matter which has to be or may be prescribed in the Water (prevention and Control of Pollution) Cess Act, 1977.

The Water (Prevention and Control of Pollution) Chhattisgarh Rules, 1975

                A rule to specify terms and conditions of service of the members of the State Board and Committees of State Board, Powers and Duties of the Chairman and Member Secretary and appointments of Officers and Employees, Budget of the State Board, Annual report of the State Board, Form of Notice of intension to have sample analyzed, Form of Notice of inspection, Form of report by the State Board Analyst and Government Analyst etc.

The Water (Prevention and Control of Pollution) (Consent) Chhattisgarh Rules, 1975

                A rule to specify procedure for obtaining consent, Form of application for consent for establishing  or taking any steps for establishment of Industry/operation/process/of any treatment/disposal system for discharge, continuation of discharge under section 25 or section 26 of the Water Act and fee for consent/renewal etc.

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

                An Act to provide 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 Air (Prevention and Control of Pollution) Chhattisgarh Rules, 1983

                A rule to specify consent application procedure, form of application for consent for emission/continuation of emission under Section 21 of the Air Act, fee for obtaining consent/renewal, procedure for transaction of business of the Board, temporary association of persons with the Board, annual Report of the Board, procedure for appeal, form of notice of intension to have sample analyzed, form of report by   the State Board Analyst and Government Analyst etc. 

The Environment (Protection) Act, 1986

                An Act to provide for the protection and improvement of environment and for matters connected there with.

The Environment (Protection) Rules, 1986

                A rule to specify standards for Emission or Discharge, procedure for issuing direction under section 5 of the Environment (Protection) Act, 1986, prohibitions and restrictions on the location of Industries, procedure of taking samples, functions of Environmental Laboratories, qualification of Government Analysts, Furnishing of Information to Authorities, submission of Environmental Statement, empower the Officers/Agency etc.

The Hazardous Wastes (Management and Handling) Rules, 1989

                A rule to specify responsibility of the occupier and operator of facility for handling of the wastes, duties of the occupier and operator of a facility, duties of the authority, grant of authorization for handling hazardous wastes, power to suspend or cancel an authorization, packaging, labeling and transport or hazardous wastes, disposals sites, design and setting up of disposal facility, operation and closure of landfill site, records and returns, accident reporting and follow-up, import and export of hazardous wastes for dumping and disposal, import and export of hazardous wastes for recycling and reuse, import of hazardous waste, export of hazardous waste, illegal traffic, liability of the occupier, transporter and operator of a facility, transitional provisions, appeal, form of application for obtaining authorization for collection/reception/treatment/ transports/storage/disposal of hazardous waste,  form for grant of authorization for occupier or operator handling hazardous wastes, format for maintaining records or hazardous wastes at the facility, form for filing returns regarding handling of hazardous wastes, form of report of accident, form of application for importing hazardous/recyclable waste as raw materials, format for maintaining records of hazardous waste imported and exported, form of transboundary movement of waste – notification, form of marking of hazardous waste containers, form of hazardous waste manifest, form of transport emergency (term) card, form of application for grant/renewal of registration of industrial units possessing environmentally sound management facilities for recycling/re-refining non-ferrous metal wastes/used oil/waste oil, form for filing returns by recyclers/re-refiners of non-ferrous metal wastes/used oil/waste oil, form for filling returns of auction/sale of non-ferrous metal wastes/used oil/waste oil, list of hazardous wastes, list of wastes constituents with concentration limits, list of wastes applicable for import and export, list of hazardous characteristics, list of non-ferrous metal wastes applicable for registration of recyclers, specifications for used oil suitable for re-refining, specifications for waste oil suitable for recycling, list of authorities and corresponding duties, hazardous wastes prohibited for import and export etc.

The Manufacture, Storage and import of Hazardous Chemical Rules, 1989

                A rule to specify duties of authorities, general responsibility of the occupier during industrial activity, notification of major accident, industrial activity to which rules 7 to 15 apply, approval and notification of sites, updating of the site notification following changes in the threshold quantity, transitional provisions, safety reports and safety audit reports, updating of reports under rule 10, requirement for further information to be sent to the authority, preparation of on-site emergency plan by the occupier, preparation of off-site emergency plan by the authority, information to be given to persons liable to be affected by a major accident, disclosures of information, collection, development and dissemination of information, import of hazardous chemicals,  improvement notices, power of the central government to modify the schedules, specification and list of hazardous and toxic chemicals, isolated storage at installations other than those covered by schedule 4, list of hazardous chemicals for application of rules 5 and 7 to 15, list of installation for the production, processing or treatment of organic or inorganic chemicals, list of authorities and corresponding duties,  form of information to be furnished regarding notification of a major accident, form of information to be furnished for the notification of sites, form of information to be furnished in a safety report, form of safety data sheet, format for maintaining records of hazardous chemicals imported, form of details to be furnished in the on-site emergency plan, form of details to be furnished in the off-site emergency plan etc.

The Bio Medical Wastes (Management and Handling) Rules, 1998

                This is a rule for the management and handling of bio-medical waste.  These rules apply to all persons who generate, collect, receive, store, transport, treat, dispose, or handle bio-medical waste in any form.  It specify the duty of occupier, treatment and disposal of bio-medical wastes, segregation, packaging, transportation and storage of bio-medical wastes, procedure for obtaining authorization for grant of authorization, categories of bio-medical wastes, colour coding and type of container for disposal of bio-medical wastes, label for bio-medical waste containers/bags, label for transport of bio-medical wastes containers bags, standards for treatment and disposal of bio-medical wastes, schedule for installation of waste management facilities like incinerator/autoclave/microwave system,  form of application for authorization/renewal of authorization, form of annual report, form of accident reporting, form of authorization for operating a facility for collection, reception, treatment, storage, transport and disposal of bio-medical wastes, form of application for filing appeal against order passed by the prescribed authority at district level or regional office of the Pollution Control Board acting as prescribed authority or the State/Union territory level authority etc.

The Municipal solid wastes (Management and handling) Rules, 2000

                This is a rule to regulate the management and handling of the municipal solid wastes. These rules apply to ever municipal authority responsible for collection, segregation, storage, transportation, processing and disposal of municipal solid wastes.  It specify the responsibility of municipal authority, responsibility of the State Government and the Union territory Administrations, responsibility of the Central Pollution Control Board and the State Board or the Committees, management of municipal solid wastes, implementation schedule, management of municipal solid wastes, specification for landfill sites, standards for composting, treated leachates and incineration, form of application for obtaining authorization, format of annual report to be submitted by the municipal authority, format for issue of authorization, format of annual review report to be submitted by the State Pollution Control  Board/Committees to the Central Pollution Control Board, form of accident reporting etc.

The Recycled Plastic Manufacture and Usage Rules, 1999

                A rule for restriction on manufacture, sale, distribution and use of virgin and recycled plastic carry bags and recycled plastic containers.  It specify conditions of manufacture of carry bags and containers made of plastics, recycling of plastics, marking/codification on recycled plastic carry bags, thickness of carry bags, grant of registration for manufactures, shape of bags, form of application for registration of a unit for manufacture of plastic carry bags and containers etc.

The Batteries (Management and Handling) Rules, 2001

                This is a rule for management and handling of batteries.  It apply to every manufacturer, importer, re-conditioner, assembler, dealer, recycler, auctioneer, consumer and bulk consumer involved in manufacture, processing, sale, purchase and use of batteries or components thereof.  It specify the responsibilities of manufacturer, importer, assembler and re-conditioner, registration of importers, responsibilities of dealer, responsibilities of recycler, procedure for registration/renewal of registration of recyclers, responsibilities of consumer or bulk consumer, responsibilities of auctioneer, prescribed authority, duties of Central Pollution Control Board, computerization of records and returns, schedule for number of used batteries to be collected back, form for filling returns of sale of new batteries and collection of used batteries, form for registration of importer of new lead acid batteries/primary lead, form of undertaking (to be submitted by importer of new lead acid batteries), form for filing returns of sale of lead acid batteries, form for filing returns of sale of new batteries and collection of old batteries, form for application for registration of facilities possessing environmentally sound management practice for recycling of used lead acid batteries, form for filing returns by recyclers of used batteries, form for filing returns for bulk consumer of batteries, form for filing returns by auctioneer of used batteries etc.

The Chemical Accidents (Emergency Planning, preparedness and response) Rules, 1996

                A rule to specify constitution of central crisis group, constitution of crisis alert system, functions of the central crisis group, constitution of state crisis group, functions of the state crisis group, constitution of the district and local crisis group, functions of the district and local crisis group, powers of the members of the Central, State and District crisis groups, aid and assistance for the functioning of the district and local crisis groups, information to be provided to the public, specification and list of hazardous and toxic chemicals, composition of central crisis group, composition of state crisis group, composition of district crisis group, composition of local crisis group etc.

The Noise Pollution (Regulation and Control) Rules, 2000

                A rule to regulate and control of noise producing and generating sources with the objective of maintaining the ambient air quality standards in respect of noise.  It specify ambient air quality standards in respect of noise for different areas/zones, responsibility as to enforcement of noise pollution control measures, restrictions on the use of loud speakers/public address system, consequences of any violation in silence zone/area, complaints to be made to the authority, power to prohibit etc. continuance of music sound or noise etc.

The Ozone Depleting Substances (Regulation) Rules, 2000

                This is a rule to regulate ozone depleting substances.  It specify regulation of production and consumption of ozone depleting substances, prohibition on export to or import from countries not specified in schedule VI, ozone depleting substances are to be exported to or imported from countries specified in schedule VI under a license, regulation of the sale of ozone depleting substances, regulation on the purchase of ozone depleting substances, regulation on the use of ozone depleting substance, prohibition on new investment with ozone depleting substances, regulation of import, export and sale of products made with a containing ozone depleting substances, regulation on reclamation and destruction of ozone depleting substances, regulation on manufacture, import and export of compressors, procedure for registration, cancellation or registration and appeal against such order, monitoring and reporting requirements, list of ozone depleting substances, regulation on production and consumption of group of ozone depleting substances,  regulation on production and consumption of group I and group III ozone depleting substances specified in column (4) of schedule I, regulation on consumption of ozone depleting substances on end use basis,  list of authorities, their functions and last date for registration, list of countries which are party to the 1987 Montreal Protocol, regulation on import and export products containing ozone depleting substances, procedure for registration, report on production of ozone depleting substances etc.

The Public Liability Insurance Act, 1991

                An Act to provide for public liability insurance for the purpose of providing immediate relief to the persons affected by accident occurring while handling any hazardous substance and for matters connected therewith or incidental thereto.

The National Environment Appellate Authority Act, 1997

                An Act to provide for the establishment of a National Environment Appellate Authority to hear appeals with respect to restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall not carried out subject to certain safeguards under the Environment (Protection) Act, 1986 and for matters connected therewith or incidental thereto.

Scheme of Labeling of Environmental Friendly Products (ECO-MARK)

                This scheme operate on a national basis and provide accredition and labeling for household and other consumer products which meet certain environmental criteria along with quality requirements of the Indian Standards for that product.  The label is known as the "ECOMARK".

Environmental Impact Assessment Notification, 1994

                This is a notification to impose restrictions and prohibitions on the expansion and modernization of thirty types of activities or new projects being undertaking in any part of India unless environmental clearance has been accorded by the Central Government or the State Government in accordance with the procedure specified.