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ABSTRACT

ENVIRONMENTAL LAW

Over the years, together with a spreading of environmental consciousness, there has
been a change in the traditionally-held perception that there is a trade-off between
environmental quality and economic growth as people have come to believe that the two
are necessarily complementary. The current focus on environment is not new-
environmental considerations have been an integral part of the Indian culture. The need
for conservation and sustainable use of natural resources has been expressed in Indian
scriptures, more than three thousand years old and is reflected in the constitutional,
legislative and policy framework as also in the international commitments of the
country.
Environmental conventions attempt to provide a clear understanding of environmental
issues, and aim to build upon the capacity required for effectively controlling pollution,
conserving natural resources, and promoting their sustainable use.

International conventions are an important source of international environmental laws.

They strive for integration of environmental concerns into the developmental processes
at all levels ensuring compliance and enforcement of various environmental laws
consolidating the environmental rights and duties.

International laws or law of nations thus provide the foundation for governmental
policies and actions for the conservation of the environment and for ensuring that the
use of natural resources is both equitable and sustainable.

It’s a work in progress. While international environmental law continues to evolve, the
existing treaties, declarations, and state practice are beginning to provide a framework.
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RESEARCH PAPER

Environmental laws consist of all legal guidelines that are intended to protect our
environment.

Objectives of Environmental Laws:

The objective of environmental law is to preserve and protect the nature’s gifts from

pollution. Further, the objective of environmental law is to protect the man’s fundamental

rights of freedom, equality and adequate conditions of life in an environment of quality that

permits a life of dignity and wellbeing. The Constitution of India obligates the state as well as

citizens to protect and improve the environment. The Constitution (Forty-Second

Amendment) Act, 1976 and Article 51A(g) cites, “The requirement of the time is that we

should be real citizens of the country striving towards excellence in all spheres of individual
and collective activity including the protection of environment.”

The Role of Ministry of Environment and Forests:

The Department of Environment was created in November, 1981 and since then it has acted

as a nodal agency for environmental protection. It has also been assigned administrative

responsibility for pollution monitoring and regulation, as well as conservation of ecosystems

and biosphere reserves.

It has set up a computerised Environment Information System at Botanical Survey of India.

There is also the Ministry of Environment and Forests which performs the following

functions in the country:

1. Survey of natural resources in the country.

2. Conservation of natural resources including forestry and wildlife.

3. The management action plans for wetlands and coral reefs of Andaman and Nicobar.
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4. Lake conservation.

5. Biodiversity Conservation:
The convention on biodiversity was ratified by India on 18th February, 1994 and it has come
into force from 19th May, 1994.

6. Forest Conservation:
Out of the 6253 proposals received till date under the Forest Conservation Act 1980, more
than 3232 proposals have been approved so far.

7. Wildlife Conservation:
The network of protected areas in the country now consists of 89 national parks, 490
sanctuaries and 13 biosphere reserves covering an area of 1,48,700 sq. km.

8. Animal Welfare:
Twenty-One States/UTs have so far constituted State Advisory Boards and 29 States have
appointed Nodal Office for Animal Welfare.

9. Environmental Information System:

Environmental information system network with its 20 centres on various subject areas

continues its activities in environmental information collection, storage, retrieval and

dissemination to all concerned.

10. Forestry Education and Research:

The Indian Council of Forestry Research and Education is the main forestry research and
education centre in the country. It organises seminars and conferences on forest management.

The Motor Vehicles Act, 1988:

The Motor Vehicles Act, 1939 which was amended over the years after independence did not
carry any provision about air and noise pollution generated by automobiles.
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In 1988, the Motor Vehicles Act was passed which became operative throughout the country
from July 1989. The new Act covers both air and noise pollution generated by automobiles.

The Act is enforced by the State governments in their respective States. With the concurrence

of the central government, the States can amend this Act, keeping in view their local needs
and circumstances.

The Motor Vehicles (Amendment) Act was passed in July 2000 which permits the use of
CNG as an environment friendly auto fuel.

The Factories Act, 1948:

The Factories Act of 1948 may be considered as an important milestone in environmental
legislation. It is an old legislation amended substantially to make it more comprehensive and
effective. Chapter III relates to Health.

Cleanliness under Section II:

(1) Every factory shall be kept clean and free from any nuisance particularly:

(a) Accumulation of dirt and refuse shall be removed daily by sweeping or by any other

effective method from the floors and benches of workrooms and from staircases, passages
and disposed of in a suitable manner;

(b) All inside walls and partitions, all ceilings or tops of rooms should be washed at least
once in every week; and

(c) The health of workers should be checked regularly.

Chapter IV (A) is relevant to hazardous process. It has inter alia provisions for the

constitution of site appraisal committee, specific, responsibility of the occupier in relation of

the hazardous processes, emergency standards, and permissible limits of exposure of

chemical and toxic substances.

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Further, Section 12 of the Factories Acts 1948 requires every factory to make an effective

arrangement for the disposal of wastes and effluents in accordance with the rules framed

under this Act, and to take all practicable measures to make the place safe.

The Factories Act of 1948 when originally enacted was primarily meant to provide for the

health, safety and welfare of the workers in factories. By the Amendment of 1987, the Act

now is not confined only to the welfare and safety of workers inside the factory, but also
concerns with neighbours living in and around the vicinity and environment thereof.

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

Water pollution has assumed such high proportion today that not only the aquatic eco-

systems are greatly damaged but even the lives of animals on land are threatened. The
pollution of rivers, lakes and seas is a direct result of the population explosion and large-scale
industrialization.

The Water (Prevention and Control of Pollution) Act was passed by the Parliament in 1974 to

tackle this problem. The Act tends to provide legal deterrents against the spread of water
pollution. It applies to the States of Bihar, Assam, Gujarat, Haryana,

H. P., J&K, Karnataka, Kerala, M.P. Maharashtra, Rajasthan, Tamil Nadu, Tripura and West

Bengal and all the Union Territories and such other States which may adopt it in pursuance of
Article 252 (1) of the Constitution.

It’s Objectives:

The Act was passed with the following objectives:

1. To Control Wafer Pollution:

The main objective of this Act was to provide for the prevention and control of water

pollution and maintaining or restoring of wholesomeness of water (in streams or wells or

sewer or on laundry.)

2. To Maintain the Quality of Water:

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It was realized that on account of large scale discharge of industrial waste into the rivers and

streams, the quality of water as well as its utility have been adversely affected. In this

direction, the Act was passed and there was provision to take action against industries or
persons in this regard.

3. Establishment of Central and State Boards:

The Act made provisions for establishment of Central and State Boards with a view to carry
out the above objectives.

The Water (Prevention and Control of Pollution) Act, 1974 has defined some terms

related to water pollution:

1. Pollution:
Under this Act, pollution means such contamination of water or such alternation of the

physical, chemical or biological properties of water or such discharge of any sewage or trade

effluent or of any other liquid, gaseous or solid substance into water (whether directly or

indirectly) as may, or is likely to create a nuisance or render such water harmful or injurious

to public health or safety, or to domestic, commercial, industrial agricultural or other

legitimate uses, or to the life and health of animals or of aquatic organisms.

2. Trade Effluent:
Trade effluent includes any liquid gaseous or solid substance which is discharged from any

premises used for carrying on any (industry, operations or process or treatment and disposal
system) other than domestic sewage.

3. Sewage Effluent:
Sewage effluent means effluent from any sewerage system or sewage disposal works and
includes sullage from open drains.

4. Outlet:
Outlet includes any conduit pipe or channel, open or closed, carrying sewage or trade effluent
or any other holding arrangement which causes, or it likely to cause pollution.
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Powers and Functions of Central Pollution Control Board

The following are the powers and functions of Central and State Pollution Boards as per
Water (Prevention and Control of Pollution) Act, 1974.

The Central Pollution Control Board (CPCB) has to perform the following functions:

1. Adviser to Government:
CPCB advises the central government on any matter concerning the prevention and control of
water pollution in India.

2. Coordinate Activities:
It coordinates the activates of the State Pollution Control Boards and resolve disputes.

3. To Publish Statistical Data:

CPCB collects, compiles and publishes technical and statistical data related to water
pollution. It suggests measures for its effective prevention and control.

4. To Organise Training:
It plans and organises the training of persons engaged or to be engaged in programmes for the
prevention, control or abatement of water pollution.

5. To Sponsor Research:
It provides technical assistance and guidance to the State Pollution Control Boards for

carrying out research. It sponsors investigations and research relating to problems of water
pollution and prevention.

Powers and Functions of State Pollution Control Boards:

The State Pollution Control Board has to perform the following functions:

(i) Adviser to State Government:

It advises the State government on any matter concerning the prevention, control or
abatement of water pollution.
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(ii) Setup Effluent Treatment Plants:

The Board inspects works and plants for the treatment of sewage and to review plans for the
purification of water.

(iii) Coordinate Activities:

The Board coordinates the activities of Central Water Pollution Control Board and resolves
disputes.

(iv) Effluent Standards:

It lays down, modify or annul effluent standards for the sewage and grade effluents. It
evolves methods of utilisation of sewage and suitable trade effluent agriculture.

(v) Laboratory Testing:

The Board may establish laboratories to test the samples of water from any stream or well or
of samples of any sewage or trade effluents.

Prohibition on Use of Stream or Well for Disposal or Polluting of Water

(a) No person shall knowingly cause or permit any poisonous, noxious or polluting matter

determined in accordance with such standards as may be laid down by the State Board to
enter (whether directly or indirectly) into any stream or well or sewer or on land, or

(b) No person shall knowingly cause or permit to enter into any stream any other matter

which may tend, either directly or in combination with similar matters, to impede the proper
flow of the water of the stream in a manner leading or likely to lead to a substantial
aggravation of pollution due to other causes or of is consequences.

Restrictions on New Outlets and New Discharges by Industry or any Person:

No person shall, without the previous consent of the State Board, establish or take any steps

to establish any industry, operation or process, or any treatment and disposal system or any

extension or addition thereto, which is likely to discharge sewage or trade effluent into a
stream or well or sewer or on land.
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Penalties under the Water Act, 1974

Failure to comply with the directions of the Act shall, on conviction, be punishable with

imprisonment for a term which may extend to three months or with fine which may extend to

ten thousand rupees or with both and in case the failure continues, with an additional fine

which may extend to five thousand rupees for every day during which such failure continues
after the conviction for the first such failure.

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

This Act has been passed to provide for the prevention, control and abatement of air

pollution. According to its statement of objectives, “Various pollutants discharged through

industrial emission and from certain human activities connected with traffic, heating, use of
domestic fuels, and refuse have a detrimental effect not only on the health of the people, but
also on animal life, vegetation and property.”

There are some important definitions mentioned in this Act:

1. Air Pollutant:
It means any solid, liquid or gaseous substance (including noise) present in the atmosphere in

such concentration as may be or tend to be injurious to human beings or other living creatures
or plants or property or environment.

2. Automobile:
It means any vehicle powered either by internal combustion engine or by any method of
generating power to drive such vehicle by burning fuel.

3. Chimney:
It includes any structure with an opening or outlet from о through which any air pollutant
may be emitted.

4. Emission:
It means any solid or liquid for gaseous substance coming out of any chimney, duct or flue or
any other outlet.
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The Act was amended in 1987. Failure to comply with the provisions of this Act or directions

shall be punishable with imprisonment for a term which shall not be less than one year and

six months but which may extend to six years and by imprisonment for a term which may be

extended to Ten Thousand Rupees or with both. But in the case at continuing contravention

with an additional fine which may extend to Five Thousand Rupees for everyday during

which such contravention continues after conviction of the first such contravention. In

contravention of the New Industrial Policy of 1980, the Act extended certain rules for setting
up of industries in the country.

It issued new guidelines in this regard:

(a) Clearance certificate from State Pollution Control Board;

(b) Shifting of industries from urban areas;

(c) Industries have to follow the air quality measurements as per State/Central pollution
boards; and

(d) Replacement of pollution generating machinery.

Powers and Functions of Central and State Pollution Control Boards

The Central Pollution Control Board has to perform the following functions:

1. Adviser to Government:
CPCB advise the Central government on any matter concerning the prevention and control of
air pollution in India.

2. Co-ordinate Activities:
It coordinates the activities of the State/ Pollution Control Boards and resolves disputes.

3. To Publish Statistical Data:

CPCB collects, compiles and publishes technical and statistical data related to water
pollution. It suggests measures for its effective prevention and control.
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4. To Organise Training:
It plans and organises the training of persons engaged or to be engaged in programmes for the
prevention, control or abatement of air pollution.

5. To Sponsor Research:
It provides technical assistance and guidance to the State Pollution Control Boards for

carrying out activities. It sponsors investigations and research relating to problems of

pollution and prevention.

The State Pollution Control Board has to perform the following functions:

(1) Adviser to State Government:

It advises the State Government on any matter concerning the prevention, control or
abatement of air pollution.

(2) Coordinates Activities:

The State Pollution Control Board coordinates the activities of Central Pollution Control
Board and resolves disputes.

(3) Effluent Standards:

It lays down, modify or annul effluent standards.

(4) Laboratory Testing:

The Board establishes laboratories to test air pollution.

The Environmental (Protection) Act, 1986

The Water (Prevention and Control of Pollution) Act was passed in 1974. It aimed at

maintaining the purity of water by preventing water pollution and provided for establishment
of Pollution Control Boards at State level.

Similarly, the Air (Prevention and Control of Pollution) Act was passed in 1981 to control air
pollution. In-spite of these Acts, it was realised that environment was deteriorating at an
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alarming rate in the country. Therefore, a more comprehensive and general piece of
legislation was framed in the form of the Environmental (Protection) Act, 1986.

The Act was passed with the following objectives:

1. To Improve the Quality of Environment:

Under this Act, the Central Government has the power to take all such measures as it deems
necessary for the purpose of protecting and improving the quality of environment.

2. Safe Limits:
The Act lays down standards for emission or discharge of environmental pollutants from

various sources. Moreover, it restricts the areas in which any industry operations or processes
or class of industries shall be carried out subject to certain safeguards only.

3. Handling of Hazardous Substances:

The Act was passed for the protection, regulation of discharge of environmental pollutants
and handling of hazardous substances.

4. Prevention of Accidents:
The Act lays down procedures and safeguards for the prevention of accidents which may

cause environmental pollution and remedial measures for such accidents and deterrent
punishment to those who endanger human environment, safety and health.

Salient Features of the Act

Environment has been widely defined under the Act as inclusive of “Interrelationship that

exists among and in between water, air, land and human beings, other living creatures, plants,
micro-organisms and property.”

(a) This Act is said to be a more effective and bold measure to fight the problem of pollution

as compared to all the previous laws in this regard. Under the Act, the Central Government

has been empowered to take all appropriate measures to prevent and control pollution and to
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establish an effective machinery to achieve this object. Until such new machinery is
established, the existing machinery will be used for implementation of the Act.

(b) The Act enables the Central Government to take all such measures as it deems necessary

or expedient for the purpose of protecting and improving the quality of the environment and

preventing, controlling and abating environmental pollution. The Central Government is also

empowered to constitute an authority for exercising the power vested in it and to frame rules
for that purpose.

(c) The Act has adopted a new stand with regard to the question of locus standi so that now

even a citizen has the right to approach a court provided he has given notice of not less than
60 days of the alleged offence and his intention to make a complaint to the Central
Government or the competent authority.

(d) The Act strengthens the penal provisions. The maximum penalties for contravention of

the Act are imprisonment up to five years or fine up to one lakh rupees or both. If the failure

or contravention continues beyond a period of one year after the date of conviction, the
offender shall be punishable with imprisonment for a term which may extend to seven years.

(e) The Government has been given the powers to collect samples of air, water, soil or other
substances as evidence of the offences under the Act.

(f) The Act applies to the pollution generated by the Government agencies as well, where an
offence under this Act has been committed by any department of Government. The Head of

the Department shall be deemed to be guilty of the offence and liable under the Act unless he

proves that the offence was committed without his knowledge or that he exercised all due
diligence to prevent such offence.

(g) A special procedure can be prescribed for handling hazardous substance and no person
can handle such substance except in accordance with procedure.
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(h) The Central Government has been vested with powers of entering and inspecting any
place through any person or agency authorised by it.

(i) This Act also authorises the Central Government to issue direction for the closure,

prohibition or regulation of any industry, operation or process. It also authorises the Central

Government to stop or regulate the supply of electricity or water or any other service directly
without obtaining a court order.

Criticism of the Environment (Protection) Act

The Act has been criticised on the following grounds:

(1) The Act is criticised on the ground that its radical approach regarding the rule of locus
standi is rendered ineffective by the requirement of sixty days’ notice which gives a long
enough time to the offender to make, amend and escape liability under the Act.

(2) The Act does not cover some major areas of environmental hazards. There are inadequate

linkages in handling matters of industrial and environmental safety. Control mechanisms to

guard against slow, invidious build-up of hazardous substances, especially new chemicals, in
the environment, are weak.

(3) If the authority contemplated by the Central Government continues to be the existing

Pollution Control Boards, it is feared that the entire exercise is foredoomed to failure. This is

so because the present Pollution Control Boards seem to have adopted a soft line vis-a-vis the
industry and prefer to be persuasive rather than punitive.

(4) In spite of the bold departure under the Act from the locus standi rule, since only the

Central Government has been given the authority to collect samples of air, water, soil or other

substances, the aggrieved citizen or private agency will apparently have no means of proving
that an offence has been committed by the alleged offender.
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(5) There is undue centralisation under the Act and that all power is vested in the Central

Government and even the authorities constituted to implement are subject to the supervision
and control of the Central Government.

(6) The Act lays down that, “Where any act or omission constitutes an offence punishable

under this Act and also under any other Act then the offender found guilty of such offence

shall be Able to be punished under the other Act and not under this Act.” This provision is

anomalous, since many offences would also be punishable under the previous pollution laws

which prescribe a lesser punishment and hence in such cases the new Act will only prove to
be a paper tiger.

(7) The Act is also silent with regard to conservation of forests which is a subject of supreme
importance in a country like India.

The Noise Pollution (Regulation and Control) Rules, 2000:

Under the Environment (Protection) Act, 1986, the Central government made the Noise
Pollution Rules in 2000 for regulation and control of noise producing and generating sources.

The Rules explain the objectives in these words:

“Whereas the increasing ambient noise levels in public places from various sources, inter-

alia, industrial activity, construction activity, generator sets, loudspeakers, public address

systems, music systems, vehicular horns and other mechanical devices have deleterious

effects on human health and the psychological well-being of the people, it is considered

necessary to regulate and control noise producing and generating sources with the objective
of maintaining the ambient air quality standards in respect of noise.”

The Rules relate to the following:

1. Development Activities:
All development authorities and local bodies while planning development activity or carrying

out functions relating to town and country planning shall take into consideration all aspects of
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noise pollution as a parameter of quality of life to avoid noise menace and to achieve the
objective of maintaining the ambient air quality standards in respect of noise.

2. Silence Zone:
An area comprising not less than 100 metres around colleges, schools, hospitals and courts
comes under silence zone.

3. Noise Standards for Different Zones:

For the purpose of implementation of noise standards for different zones, the State

Governments may categorize the areas into industrial zone, commercial zone, and silence
zone.

The State government shall take necessary measures for abatement of noise including noise

emanating from vehicular movements. It should ensure that the existing noise levels do not
exceed the ambient air quality standards specified under Rules 2000.

Consequences of any Violation in Silence Zone:

Whoever, in any place covered under the silence zone commits any offence, he / she

shall be liable for penalty under the provisions of the Rules 2000 as under:
(a) Whoever plays any music or uses any sound amplifiers;

(b) Whoever beats a drum or tom-tom or blows a horn either musical or pressure or trumpet
or beat or sounds of any type of instruments;

(c) Whoever exhibits any mimetic, musical or other performances which attract crowds near
the silence zone.

Restrictions on the Use of Loudspeakers or Public-Address System:

(a) A loud-speaker or a public-address system shall not be used except after obtaining written
permission from the district/local authorities.
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(b) A loudspeaker or a public-address system shall not be used at night (between 10 P.M. to 6

A.M.) except in closed premises for communication within an institution’s auditorium,

conference rooms, community halls, and banquet halls.

A person may, if the noise level exceeds the ambient noise standards by 10dB (A) or more,

make a complaint to the authority. The authority shall act on the complaint and take action
against the violator in accordance with the provisions of these rules.

The Wildlife (Protection) Act, 1972:

The Act is meant to prevent the rapid decline of wild animals and birds in the country.

Poaching of certain animals has been completely prohibited under this Act. It also provides
that the State government may declare any area to be a sanctuary or as a national park if it

considers that such area is of adequate ecological, geomorphological, natural or zoological

significance for the purpose of protecting, propagating or developing wildlife.

The Act has the following objectives:

1. Protection of wildlife in the country.

2. To prevent hunting and treading in wildlife in any form.

3. Control and maintenance of national parks and sanctuaries in the country.

The Wildlife (Protection) Amendment Act, 2002:

The Wildlife (Protection) Act 1972 was amended by the Parliament in 2002. The main

objective of this Act is “to provide for the protection of wild animals, birds and plants and for

matters connected therewith or ancillary or incidental thereto with a view to ensuring the
ecological and environmental security of the country.”

The Act provides for the establishment of The National Board under the chairmanship of the

Prime Minister of India who may constitute committees, sub-committees or study groups, as
may be necessary from time to time in proper discharge of the functions assigned to it.
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The Board performs the following functions:

(i) Framing policies and advising the Central and State Governments on the ways and means
of promoting wildlife;

(ii) Reviewing from time to time, the progress in the field of wildlife conservation in the
country and suggesting measures for improvement;

(iii) Assess the environmental assessment of various projects and activities on wildlife; and

(v) Prepare and publish a status report at least once in two years on wildlife in the country.

Similarly, State Boards for wildlife under the chairmanship of Chief Minister of the State will
function for the protection of wild life.

The Act was further amended in 2006 to set up of a Tiger Task Force in tiger reserve

hotspots. Now there is also a provision of forfeiture of property in case of illegal hunting and
trade of wildlife.

Forest (Conservation) Act, 1980:

After independence, the Government of India adopted the National Forest Policy wherein it
emphasized on the need of protection of forests and categorised forests of India into four

categories, namely, protected forests, national forests, village forests and tree forests. State

governments were left free in forest administration, provided that it was in consonance with

the Centre’s forest policy for preservation and development of the nation’s forest resources.

Subsequently, the Forest (Conservation) Act was also promulgated in 1980 to make certain

reforms over the preceding Act of 1927 which imposes restrictions on the reservation of
forests or use of forest land for non-forest purposes by States.

The Act has been passed to prevent deforestation which results in ecological imbalance and

environmental deterioration. The Act prevents even the State governments and any other
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authority to deserve a forest which is already reserved. The Act also prohibits forest land to
be used for non-forest purposes, except with the prior approval of the Central Government.

Under Section 2, non-forest purpose means the breaking up or cleaning of any forest

land or portion thereof for:

(a) The cultivation of tea, coffee, spices, rubber, palms oil bearing plants, horticulture crops
or medicinal plants; and

(b) any purpose other than reforestation but does not include any work relating or ancillary to

conservation, development, management of forests and wildlife, namely, the establishment of

check-posts, fire lines, wireless communications, construction of fencing, bridges, dams,

waterholes, boundary marks, pipelines and other like purposes.

The Central Government may constitute a committee to advise the government with

regard to:
(i) The grant of approval under Section 2, and
(ii) Any matter connected with the conservation of forests in the country.

According to Forest (Conservation) Act, 1980, “Whoever contravenes or abet the

contravention of any of the provisions of Section 2, shall be punishable with simple

imprisonment for a period of fifteen days”.

Amendments of Forest (Conservation) Act:

In 1992, some amendments were made in the Forest Act of 1980.

i. Some non-forest activities in forests were allowed without cutting trees with the prior

approval of the Central Government. These activities are setting of transmission lines,
seismic surveys, exploration, drilling and hydroelectric projects.

ii. Prior approval of Central Government is required in the case of cultivation of fruit-bearing
trees, oil-yielding plants or plants of medicinal value.
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iii. Removal of stones, bajri or boulder etc. from river-beds located within the forest area will
be considered under non-forest activities.

iv. Ban on mining activities near forest area and prior approval of Central Government is
mandatory.

v. Plantation of mulberry for rearing silkworm is considered as a non-forest activity.

vi. Wildlife Sanctuaries and National Parks are totally prohibited for any exploration or
survey without prior approval of Central Government.

vii. Cultivation of spices, rubber, tea, coffee and plants which are cash crops are included
under non-forestry activities. Their cultivation is not allowed in forest reserve areas.

The Environment (Siting for Industrial Projects) Rules, 1999:

The New Industrial Policy of 1980 recognised the need for preserving the ecological balance

and improving living conditions in the urban centres of the country. On the basis of this

policy, indiscriminate expansion of the existing industries and setting up of new industrial

undertakings within the limits of metropolitan cities and the larger towns shall not be

permitted. However, the policy has not touched upon the implications of setting up an

industry in the sensitive areas, both ecological or otherwise, which would have an effect on
the overall development process.

So, the Environment Rules of 1999 were framed with the following provisions:

The industrial licenses should be issued under the fulfilment of the following conditions:
(1) The State Director of Industries confirms that the site of industrial project has been
approved from environmental angle by the competent State Authority.

(2) The concerned State Pollution Control Board has certified that the proposal meets with

the environmental requirements and that the equipment’s installed or proposed to be installed
are adequate and appropriate to the requirements.
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(3) The industries will be required to submit half-yearly progress report on installation of
pollution control devices to the respective State Pollution Control Boards.

(4) Depending on the nature and location of the industrial project, the industrialists will be
required to submit comprehensive Environmental Impact Assessment Report.

(A) Areas to be avoided:

No new unit of the industries shall be allowed to be set up in the following areas:
1. The entire area within the municipal limits of all municipal corporations, municipal

councils and Nagar Panchayats and a 25 Kms. belt around the cities having population of
more than one million;

2. 7 Kms. belt around the periphery of the wetlands.

3. 25 Kms. around the periphery of National Parks, Sanctuaries and core zones of Biosphere
Reserves.

4. Half Km. wide strip on either side of national highways and rail lines.

5. No new industries shall be allowed to be set up within 7 Kms. periphery of the important
archaeological monuments listed in Annexure.

(1) Forest Land:

No forest land shall be converted into non-forest activity for the sustenance of the industry.

(2) Agricultural Land:

No prime agricultural land shall be converted into industrial site.

(B) Requirements for Industry:

The following are the requirements to set up industries:

(i) Land acquired shall be sufficiently large to provide space for appropriate treatment of
waste water.
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(ii) The green belt between two adjoining large-scale industries shall be one Km.

(iii) Enough space should be provided for storage of solid wastes so that these could be
available for possible reuse.

(iv) Layout and form of the industry that may come up in the area must conform to the
landscape of the area without affecting the scenic features of that place.

(v) Associated township of the industry must be created at a space that have physiographic
barrier between the industry and the township.

(vi) Efforts should be made to recycle or recover the waste materials to some extent. The
waste material should be recycled safely.

(vii) Intensive programmes of tree plantation on disposal area should be undertaken by

industries.

(viii) Industries should plant trees and ensure vegetable cover in their premises. This is
particularly advisable for those industries having more than 10 acres of land.

Hazardous Wastes/Management and Handling) Rules, 1989:

The Hazardous Wastes Rules 1989, notified under the Environment (Protection) Act, 1986

lay down that before hazardous wastes are delivered at the hazardous waste site, the occupier

or operator of a facility shall ensure that the hazardous wastes are packaged, in a manner

suitable for storage, transport, labelling and packaging shall be easily visible and be able to
withstand physical conditions and climate factors.

Imports of hazardous wastes from any country to India shall not be permitted for dumping

and disposal of such wastes. However, imports of such wastes may be allowed for processing

or reuse as raw material after examining each case on merit by the State or Central Pollution
Control Board.
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Any person importing hazardous wastes shall maintain the records of the hazardous wastes
imported.

The exporting country or the exporters as the case may be, of hazardous wastes shall

communicate in Form 6 to the Ministry of Environment and Forests of the proposed

transboundary movement of hazardous wastes.

The Bio-Medical Waste (Management and Handling) Rules, 1998:

These rules apply to all persons who generate, collect, receive, store, transport, treat, dispose,
or handle bio-medical waste in any form.

Bio-medical waste shall not be mixed with other wastes. Bags should be attached with special
labels.

The Recycled Plastics Manufacture and Usage (Amendments) Rules, 2003:

Under the Environment (Protection) Act 1986, the Central Government has amended

the Recycled Plastics Manufacture and Usage Rules, 1999 that lay down the following:
1. No vendor shall use carry bags or containers made of recycled plastic for storing, carrying,
dispensing, or packaging of foodstuffs.

2. No vendor shall use containers, made of recycled plastic for storing, carrying, dispensing
or package of foodstuffs.

3. No person shall manufacture, stock, distribute or sell carry bags made of virgin or recycled

plastic bags which are less than 8×12 inches [20 x 30 cms] in size and which do not conform
to the minimum thickness specified in Rule 8.