India: Regulatory Framework
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Legislation Addressing the Environment
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- The Water (Prevention and Control of Pollution) Act 1974
- The Water (Prevention and Control of Pollution) Rules 1975
- The Water (Prevention and Control of Pollution) Cess Act 1977
- The Water (Prevention and Control of Pollution) Cess Rules 1978
- The Air (Prevention and Control of Pollution) Act 1981
- The Air (Prevention and Control of Pollution) Rules 1982 /1983
- The Environment (Protection) Act 1986
- The Environment (Protection) Rules 1986
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- The Hazardous Wastes (Management and Handling) Rules 1989
- Manufacture, Storage and Import of Hazardous Chemical
Rules/Amendment Rules, 1994,1989
- Manufacture, Use, Import, Export and Storage of Hazardous
Microorganisms, Genetically Engineered Micro-organisms or Cells
Rules 1989
- The Public Liability Insurance Act 1991
- The Public Liability Insurance Rules 1991
- Environmental (Protection) Rules�"Environmental Statement"
1992/1993
- Environmental (Protection) Rules�"Environmental Standards" 1993
- Environmental (Protection) Rules�"Environmental Clearance" 1994
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The Environment (Protection) Act of 1986 is "umbrella" legislation
designed to provide a framework for Central Government coordination of
activities of various central and state authorities established under
previous laws, such as the Water and Air Acts.
Under the Air (Prevention and Control of Pollution) Act of 1981, all
industries operating within designated air pollution control areas must
obtain "consent" (a permit) from state boards. States are required to
prescribe emission standards for industry and automobiles after consulting
with the central board and noting its ambient air quality standards.
Prior to its amendment in 1987, the Air Act was enforced through mild
court-administered penalties on violators. The 1987 Amendment strengthened
enforcement and introduced stiffer penalties. Now, boards may close down a
defaulting industrial plant or may stop its supply of electricity or water.
The boards may also apply in court to restrain emissions that exceed
prescribed standards. Notably, the 1987 Amendment introduced citizens' suit
provisions and extended the Act to include noise pollution.
The Water (Prevention and Control of Pollution) Act of 1974 vests
regulatory authority in state boards and empowers them to establish and
enforce effluent standards for factories discharging pollutants into bodies
of water. The Central Board performs the same functions for union
territories and coordinates activities among states. State Boards control
sewage and industrial effluent discharges by approving, rejecting or
conditioning applications for consent to discharge. State boards also
minimize water pollution by advising state governments on appropriate sites
for new industries. Prior to its amendment in 1988, enforcement under the
Water Act was achieved through criminal prosecutions initiated by boards,
and through applications to magistrates for injunctions to restrain
polluters. The 1988 Amendment strengthened the Act's implementation
provisions. Now, the Board may close a defaulting industrial plant or
withdraw its supply of power or water by administrative order, penalties are
more stringent, and a citizens' suit provision bolsters enforcement
machinery.
The Water Prevention and Control of Pollution Cess Act of 1977 was passed
to help meet the expenses of the Central and State water boards. The Act
creates economic incentives for pollution control and requires local
authorities and certain designated industries to pay cess (tax) for water
consumption. These revenues are used to implement the Water Act.
Regulation of nuclear energy and radioactive substances in India is
governed by the Atomic Energy Act of 1962, and Radiation Protection Rules of
1971. Under the Act, the Central Government is required to prevent radiation
hazards, guarantee public safety and safety of workers handling radioactive
substances, and ensure disposal of radioactive wastes. Nuclear research,
manufacture and transport of radioactive substances, and production and
supply of atomic energy and nuclear-generated electricity also fall within
Central Government's authority.
Amendments passed in 1987 to the 1948 Factories Act introduced special
provisions on hazardous industrial activities. The 1987 Amendment, among
other things, empowers states to appoint site appraisal committees to advise
on the initial location of factories using hazardous processes. The Act also
requires the occupier of a factory to maintain workers' medical records and
employ operations and maintenance personnel who are experienced in handling
hazardous substances. A Schedule to the Act prescribes permissible limits of
exposure to toxic substances and requires the creation of safety committees
to consist of workers and managers who are required to review a factory's
safety measures periodically.
The Wildlife Protection Act of 1972 provides for state wildlife advisory
boards, regulations for hunting wild animals and birds, establishment of
sanctuaries and national parks, regulations for trade in wild animals,
animal products and trophies, and judicially imposed penalties for
violations. Harming endangered species listed in Schedule I of Act is
prohibited throughout India. Hunting other species, such as those requiring
special protection (Schedule II), big game (Schedule III), and small game
(Schedule IV) is regulated through licensing. The Act is administered by
wildlife wardens and their staff.
The Indian Forest Act of 1927 deals with four categories of forests,
namely reserved forests, village forests, protected forests, and
nongovernment (private) forests. The State may declare forest lands or waste
lands as reserved forests, and may sell produce from these forests. Any
unauthorized felling of trees, quarrying, grazing and hunting in reserved
forests is punishable with fine or imprisonment, or both. Reserved forests
assigned to a village community are called village forests. State
governments are empowered to designate protected forests and may prohibit
felling of trees, quarrying and removal of forest produce from these
forests. Preservation of protected forests is enforced through rules,
licenses and criminal prosecutions. The Forest Act is administered by forest
officers who are authorized to compel attendance of witnesses and production
of documents, issue search warrants and take evidence in inquiry into forest
offences.
The Forest Conservation Act was enacted by the Central Government in
1980. As amended in 1988, the Act requires approval of the Central
Government before a state "dereserves" reserved forest, uses forest land for
non-forest purposes, assigns forest land to a private person or corporation,
or clears forest land for purpose of reforestation. An Advisory Committee
constituted under the Act advises the Central Government on these approvals.
The Insecticides Act of 1968 established a Central Insecticides Board (CIB)
to advise the Central Government and states on technical aspects of the Act.
A Committee of the CIB registers insecticides after examining their formulas
and verifying claims regarding their safety and efficacy. Manufacture and
distribution of insecticides is regulated through licensing. Violation of
the Act's registration and licensing provisions can lead to prosecution and
penalties. The Central and state governments are vested with emergency
powers to prohibit sale, distribution and use of dangerous insecticides.
India has ratified the 1954 International Convention for Prevention of
Pollution of Sea by Oil as amended.
The Secretary, Government of India
Ministry of Environment & Forests
Paryavaran Bhavan, CGO Complex
Lodhi Road, NEW DELHI - 110003 INDIA
Tel: 11-436-1896
Email: secy@envfor.delhi.nic.in |
