Legal Aspects of Business

Project Report

on

Environment Protection Act, 1986

Submitted to: Submitted By:

Dr. K L Chawla Section C

Group 7

Pooja Goswami 81160

 Priya Jain 81161

Puneet Singh 81162

Piyush Mehta 81163

R Vivek 81164

Rahul Padia 81165

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 Acknowledgement

We would like to express our sincere gratitude to all those who provided us with an
opportunity to learn and helped us complete this project.

First of all, we would like to thank my internal faculty guide Dr. K.L Chawla Sir for giving us
the permission to commence this project. The continuous interactions with him guided us
well and were of immense help under which we were able to carry out this project
successfully.

This study helped us gain an insight of the rules and regulations pertaining to the
Environment Protection or its repercussions thereafter. It helped us understanding the
importance of protecting the environment with the legal aspects attached to it.

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 Executive Summary

This is an act to provide for the protection and improvement of environment and for matters
connected there with. It tells us about the Prevention, Control and Abatement of
Environmental Pollution. The Act relates to the protection and improvement of environment
and the prevention of hazards to human beings, other living creatures, plants and property.

The Act mainly covers the rules to regulate environmental pollution and the prevention,
control, and abatement of environmental pollution.

The Environment (Protection) Rules cover management and handling of hazardous wastes,
manufacture, storage and import of hazardous chemicals and rules for the manufacture, use,
import, export and storage of hazardous micro-organisms, genetically engineered organisms
or cells.

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 Table of Contents

Introduction……………………………………………………………………………..5

About the Act………………………………….………………………………………..7

Description……………………………………….……………………………………..9

Pollution control standards…………………………………………………………….11

Sample collection…………………………………………..………………………….14

2-T Oil………………………………………………………………………………....15

Fellowships and Awards………………………………………………………………16

Coastal Region……………………………………………………………………...…19

ECOMARK…………………………………………………………………………....20

Environmental Labs…………………………………………………………………...22

Rules on Environment Protection Act, 1986………………………………………….23

Case Study fitting the present Scenario……………………………………………….25

References……………………………………………………………………………..26
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 Introduction

The introductory line of the act states as follows:

An Act to provide for the protection and improvement of environment and for matters
connected there with: WHEREAS the decisions were taken at the United Nations Conference
on the Human Environment held at Stockholm in’ June 1972. In which India participated. To
take appropriate steps for the protection and improvement of human environment; AND
WHEREAS it is considered necessary further to implement the decisions aforesaid in so far
as they relate to the protection and improvement of environment and the prevention of
hazards to human beings, Loch living creatures, plants and property. (The Environment Act)
The primary objective is to provide for the protection and improvement of the environment to
safeguard the forests and wildlife of the country. Before going into details let’s have a look at
how the act has shaped over the years.

Timelines

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The Department of Environment was established in India in 1980. This later became the
Ministry of Environment and Forests in 1985. (Env Laws). The constitutional provisions are
backed by a number of laws – acts, rules, and notifications. The EPA (Environment
Protection Act), 1986 came into force soon after the Bhopal Gas Tragedy.(Env Laws)

General

The list of the environment legislations can be listed as follows:

 General
 Forest and wildlife
 Water
 Air

In terms of individual legislations the timelines listed will be:

 1986 – The Environment (Protection) Act
 1986 - The Environment (Protection) Rules
 1989 - The objective of Hazardous Waste (Management and Handling) Rules
 1989 - The Manufacture, Storage, and Import of Hazardous Rules
 1989 - The Manufacture, Use, Import, Export, and Storage of hazardous Micro-
organisms/ Genetically Engineered Organisms or Cells Rules
 1991 - The Public Liability Insurance Act and Rules and Amendment, 1992
 1995 - The National Environmental Tribunal Act
 1997 - The National Environment Appellate Authority Act
 1998 - The Biomedical waste (Management and Handling) Rules
 1999 - The Environment (Siting for Industrial Projects) Rules, 1999
 2000 - The Municipal Solid Wastes (Management and Handling) Rules, 2000
 2000 - The Ozone Depleting Substances (Regulation and Control)
 2001 - The Batteries (Management and Handling) Rules, 2001
 2002 - The Noise Pollution (Regulation and Control) (Amendment)
 2002 - The Biological Diversity

Forest and Wildlife

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  1927 - The Indian Forest Act and Amendment, 1984

 1972 - The Wildlife Protection Act, Rules 1973 and Amendment 1991

 1980 - The Forest (Conservation) Act and Rules, 1981

Water

 1882 - The Easement Act

 1897 - The Indian Fisheries Act

 1956 - The River Boards Act

 1970 - The Merchant Shipping Act

 1974 - The Water (Prevention and Control of Pollution) Act

 1977 - The Water (Prevention and Control of Pollution) Cess Act

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

 1991 - The Coastal Regulation Zone Notification

Air

 1948 – The Factories Act and Amendment in 1987

 1981 - The Air (Prevention and Control of Pollution) Act

 1982 - The Air (Prevention and Control of Pollution) Rules

 1982 - The Atomic Energy Act

 1987 - The Air (Prevention and Control of Pollution) Amendment Act

 1988 - The Motor Vehicles Act

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 About the Act

The act is divided into various chapters. The division is as follows:

Chapter I

Preliminary information about definitions short title, extent and commencement is given. The
chapter aims to define the key words which are used in the act. The division of the chapter is:

• Short title, extent and commencement

• Definitions

The following are defined:

• Environment

• Environmental pollutant

• Environmental pollution

• Handling

• Hazardous substance

• Prescribed

• Occupier

Chapter II

Subject to the provisions of this Act, the Central Government shall have the power 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 Govt. has delegated the powers vested in it under
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section 5 of the Act to the State Govt.of Andhra Pradesh , Assam, Bihar, Gujarat, Haryana,
Himachal Pradesh, Karnataka, Kerala, Madhya Pradesh, Mizoram, Orissa, Rajasthan, Sikkim,
and Tamil Nadu subject to the condition that the Central Govt. may revoke such delegation of
powers in respect of all or any one or more of the State Govt. or may itself invoke the
provisions of section 5 of the Act, if in the opinion of the Central Govt. such a course of
action is necessary in public interest,(Notification No. S.O 152(E) dated 10-2-88 published in
Gazette No, 54 of the same date. (The Environment Act)

These Powers have been delegated to the following State Govt. also on the same terms.

• Meghalaya ,Punjab and Uttar Pradesh vide Notification No.S.O389(E)dated 14-4-88

published in the Gazette No.205 dated 14-4-88

• Maharashtra vides Notification No. S.O 488(E)dated 17-5-88 published in the Gazette
No. 255 dated 17-5-88

• Goa and Jammu & Kashmir vide Notification No. S.O 881(E)dated 22-9-88 published
in the Gazette No.749 dated 22-9-88

• West Bengal Manipur vides Notification No. S.O 408(E)dated 6-6-89 published in the
Gazette No. 319 dated 6-6-89

• Tripura vide Notification No. S.O 479(E)dated 25-7-91 published in the Gazette No.
414dated 25-7-91

The following are the contents of this chapter

• Power of Central Government to take measures to protect and improve

• environment

• Appointment of officers and their powers and functions.

• Power to give directions.

• Rules to regulate environmental pollution.

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Chapter III

This chapter deals with Prevention, Control and Abatement of Environmental Pollution. The
following are mentioned:

• Persons carrying on industry, operation, etc. not to allow emission ordischarge of

environmental pollutants in excess of the standards.

• Persons handling hazardous substances to comply with proceduralsafeguard.

• Furnishing of information to authorities and agencies in certain cases.

• Power of entry and inspection.

• Power to take sample and procedure to be followed in connection therewith.

• Environmental Laboratories.

• Government analysts.

• Reports of Government analysts.

• Penalty for contravention of the provisions of the act and the rules, ordersand
directions

• Offences by companies.

• Offences by Government Departments.

Chapter IV
Miscellaneous issues which are bulleted below are the content of this chapter:

• Protection of action taken in good faith.

• Cognizance of offences.

• Information, Reports or Returns.

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 • Members, Officers and Employees of the authority constituted under section3 to be
public servants

• Bar of Jurisdiction.

• Power to delegate.

• Effect of other laws.

• Power to make rules.

• Rules made under this act to be laid before parliament.

Description

Hazardous substance management

After the environmental disasters like the Bhopal gas tragedy, the government has come out
with a set of rules based on the sections 6,8 and 25 of the Environment Protection Act 1986.
In these rules various terms regarding chemical pollution or chemical-related disasters have
been defined. Some of the key points include

• Definition of terms like industrial activity, hazardous chemical, chemical accident,

Major Accident Hazards (MAH) Installations, pipeline etc. a separate list has been
mentioned which includes all the chemicals which are to be considered as hazardous.

• The rules relating to the constitution of a Central crisis group in order to prevent such
accidents.

• The Constitution of Crisis Alert System- the apex body to deal with major chemical
accidents and to provide expert guidance for handling major chemical accidents

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 • Constitution of State Crisis Group.- (1) The State Government shall constitute a State
Crisis Group for management of chemical accidents

• Constitution of the District and Local Crisis Group

• Rules have been laid down specifying the level of powers for the members of the
Central , State, District as well as the local levels

The various hazardous chemicals have been divided into three categories:

1. Toxic chemicals

2. Flammable chemicals

3. Explosives

Municipal Solid Wastes (Management and Handling) Rules, 1999]

These are certain rules that have been created which are to be fulfilled by all municipal
corporations and concerns the collection, segregation, storage, transportation,, processing and
disposal of municipal solid wastes. These rules have been defined under the sections 3, 6 and
25 of the Environment (Protection) Act, 1986.

These rules have the following features:

• Various definitions have been given regarding terms related to municipal solid waste
management. These include

o Anaerobic digestion

o Biodegradable substance

o Bio-methanation

o Demolition and construction waste

o Vermicomposting and many such terms

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 • The responsibilities of the municipal authorities have been mentioned where they are
to implement all the drafted rules as well s deal with the infrastructure development
needed for implementation of the rules

• Deadlines have been mentioned regarding the implementation of various phases of the
operations.

• The schedule II of the rules mentions the compliance criteria for the management of
municipal solid wastes.

• Schedule III describes the specifications for selecting and maintaining landfill sites.
These include the norms for pollution prevention, quality of the water from in and
around the landfill sites and also the air quality monitoring.

• Schedule IV describes the Standards for Composting, Treated Leachates and

Incineration
• The later part of the rules describe the various formats for reporting events including
authorization formats, accident reporting and so on.

Plastic handling
This is the most recent addition to the rules for the exercise of the powers conferred by clause
(c) and clause (d) of sub-section (2) of section 6 and sections 8 and clause (b)' of sub-section
(2) ofsection 25 of the Environment (Protection) Act, 1986. Apart from the definitions of the
terms and phrases used in the rules these rules also mention

• Conditions shall be fulfilled during course of manufacture, sale, stock, distribution

and use plastic carry bags, containers, pouches and multilayered packaging.
• Recycling.- Recycling of plastics shall be undertaken strictly in accordance with the
Bureau of Indian Standards' specification: IS 14534
• The marking or codification of plastic bags
• Protocols for determination of biodegradability and the degree of disintegration of
plastic material.

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 Pollution standards

Ozone Depleting Substances Rules 2000

The rules clearly state the Regulation of production and consumption of ozone depleting
substances wherein no person shall produce or cause to produce any ozone depleting
substance after the date specified in column (5) of Schedule V unless he is registered with the
authority specified in column (4) of that Schedule. There is a Prohibition on export to or
import from countries not specified in Schedule VI. Further, ozone depleting substances are
to be exported to or imported from countries specified in Schedule VI under a license. There
is proper regulation of the sale of ozone depleting substances, on the purchase of ozone
depleting substances, on the use of ozone depleting substance. The law Prohibits on new
investments with ozone depleting substances, import, export and sale of products made with
or containing ozone depleting substances, Regulation on reclamation and destruction of
ozone depleting substances, on manufacture, import and export of compressors, procedure for
registration, cancellation of registration and appeal against such orders and monitoring and
reporting requirements wherein any person stocking or purchasing any ozone depleting
substance for use in activities specified in column (2) of Schedule IV shall maintain records
and file reports in the manner specified in Part II of Schedule X.

Noise Pollution

In exercise of the powers conferred by clause (ii) of sub-section (2) of section 3, sub-section
(1) and clause (b) of sub-section (2) of section 6 and section 25 of the Environment
(Protection) Act, 1986 (29 of 1986) read with rule 5 of the Environment (Protection) Rules,
1986, the Central Government hereby makes the following rules for the regulation and
control of noise producing and generating sources, namely:

The State Government may categorize the areas into industrial, commercial, residential or
silence areas/zones for the purpose of implementation of noise standards for different areas

All development authorities, local bodies and other concerned authorities while planning
developmental activity or carrying out functions relating to town and country planning shall
take into consideration all aspects of noise pollution as a parameter of quality of life to avoid

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noise menace and to achieve the objective of maintaining the ambient air quality standards in
respect of noise.

An area comprising not less than 100 metres around hospitals, educational institutions and
courts may be declared as silence area/zone for the purpose of these rules.

The authority shall be responsible for the enforcement of noise pollution control measures
and the due compliance of the ambient air quality standards in respect of noise.

A loud speaker or a public address system shall not be used except after obtaining written
permission from the authority and shall not be used at night (between 10.00 p.m. to 6.00 a.m.)
except in closed premises for communication within, e.g. auditoria, conference rooms,
community halls and banquet halls. A person may, if the noise level exceeds the ambient
noise standards by 10 dB(A) or more given in the corresponding columns against any
area/zone, 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 and any other
law in force.

Schedule

Ambient Air Quality Standards in respect of Noise

Area Code Category of Area/Zone Limits in dB(A) Leq *

Day Time NightTime
(A) Industrial area 75 70
(B) Commercial area 65 55
(C) Residential area 55 45
(D) Silence Zone 50 40

1. Silence zone is defined as an area comprising not less than 100 metres around hospitals,
educational institutions and courts. The silence zones are zones which are declared as such by
the competent authority.

2. Mixed categories of areas may be declared as one of the four above mentioned categories
by the competent authority.

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Noise pollution around festivals

Talking about the noise pollution caused around festivals like Diwali, the Supreme Court
issued directions to control noise pollution arising out of bursting of firecrackers and other
noise producing sources.
i) The manufacture, sale or use of firecrackers generating noise level exceeding 125 dB
(AI) or 145 dB (C) pK at 4 meters distance from the point of bursting shall be
prohibited.
ii) For individual firecrackers constituting the series (joined firecrackers), the above
mentioned limit would be reduced by 5 log 10 (N) dB, where N-number of crackers
joined together.
iii) Every manufacturer shall on the box of each firecracker mention details of its
chemical contents and that it satisfies the requirement as laid down by Department of
Explosive. In case of a failure on the part of manufacturer to mention the details or in
cases where the contents of the box do not match the chemical formulae as stated on
the box, the manufacturer may be held liable.
iv) There shall be a completer ban on bursting sound emitting firecrackers between 10:00
PM and 6:00 AM.
v) The crackers shall not be used at any time in Silence Zones an area not less than, 100
meters around Hospitals,
Educational Institutions, Courts, Religious Places or any other area which is declared as such
by the Competent
Authority”

Water Pollution
The water quality and assessment authority was constituted by central government in 2004 to
exercise powers under section 5 of the environment protection act 1986 for issuing directions
and for taking measures with respect to matters referred in clauses (ix),(xii) and (xiii) of sub

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section(2) of section 3 of the said act and to standardize methods for water quality monitoring
and to ensure quality of data generation for utilization thereof and certain other purposes. The
act clearly states the frequency of sampling in respect of surface water shall be a combination
of baseline, trend and flux or impact stations.

Station type Frequency of sampling/year

Baseline 4 times for perennial rivers & lakes

3-4 times for seasonal rivers

Trend 12 times in a year

Flux/Impact 12-24 times depending upon pollution

potential or importance of water use

How much of it is actually followed is yet again another case to discuss. However, the
government conferred the following powers to Water Quality Assessment Authority:

• To direct agencies to standardize methods for water quality monitoring and to ensure
quality of data generation for utilization thereof

• To make measures so as to ensure proper treatment of wastewater with a view to

restoring the water quality of river/water bodies to meet the designated best uses

• To take up research and development in the area of water quality management

• To promote recycling /re-use of treated sewage/trade effluent for irrigation in

development of agriculture

• To promote rain water harvesting

• To deal with any environmental issue concerning surface and ground water quality
which may be referred to it by the central government or state government relating to
the respective areas, for maintenance and/or restoration of quality to sustain
designated best uses

Sample Collection

The procedure for sample collection in respect of surface water shall be as under:

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 i) Samples of Baseline and Trend stations shall be collected from well-mixed section of
the river or main stem 30 cm below the water surface suing a dissolved Oxygen
(DO) sampler or weighted bottle.

ii) Samples for Impact stations shall be collected from the point of interest as bathing
ghat, down stream of point discharge, water supply intakes etc.

iii) Dissolved Oxygen (DO) in the sample shall be fixed immediately after collection and
Dissolved Oxygen(DO) analysis shall be done wither in the field or in lab

The procedure for sample collection in respect of ground water shall be as under:

i) Open dug wells, which are not in use or have been abandoned, shall not be considered
as water quality monitoring station. However, such well could be considered for
water level monitoring

ii) Weighted sample bottle to collect sample from an open well about 30 cm below the
surface of water may be used. The plastic bucket, which is likely to skim the
surface layer only, shall not be used

iii) Samples form the production tube wells shall be collected after running them for
about 5 minutes

iv) Non-production piezometers shall be purged using a submersible pump. The purged
water volume shall equal to 4-5 times the standing water volume, before sample is
collected

v) For bacteriological samples, when collected from tube wells or hand pump, the spout
or outlet of the pump shall be sterlised under flame by spirit lamp before
collection of sample in container

The government in 2005 revisited the provisions under Water Quality assessment Authority.
Frequency of Ground water sampling in this states:

i) All stations shall be classified as Baseline stations

ii) 20-25% of Baseline Stations shall be classified as Trend stations where there is a
perceived problem

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 iii) All agencies shall follow the sampling frequency and parameters for analysis of
ground water.

In exercise of the powers conferred by sub-section(3) of the section 3 of the Environment

Protection Act 1986, the Central government constituted the authority for taking measures for
effective abatement of pollution and conservation of river Ganga in the states of Jharkhand,
Uttar Pradesh, West Bengal.

2 T-Oil

With a view to protecting and improving the quality of the environmental and preventing,
controlling and abating environment pollution in the National Capital Territory of Delhi, it is
expedient and necessary to take measures relating to the supply, distribution, buying and
selling of 2-T oil (lubricating oil);

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (2) of Section 3
of the Environment (Protection) Act, 1986 (29 of 1986), the Central Government hereby
makes the following Order called the 2 T Oil Order 1998:

• It extends to the whole of the National Capital Territory of Delhi.

• It shall come into force on the date of its publication in the Official Gazette.

"2-T Oil" means lubricating oil, meeting API-TC (American Petroleum Institute-TC) or
JASO (Japanese Automobile Standards Organisation) specification, used in 2-stroke petrol
driven vehicle engines;

Restriction on sale and purchase of loose 2-T oil:-

(1) No person shall sell or agree to sell or otherwise dispose of loose 2-T oil in a service
garage for use in 2-stroke engine vehicle of any make;

(2) In petrol stations, 2-T oil shall be sold only pre-mixed with petrol through nozzle:

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Provided that the above restriction shall not apply to the 2-stroke engine vehicles having
separate sump for 2-T oil provided by the manufacturer in containers for use in the engine of
such vehicle through such sumps.

The amendment to the Order was made in 2006 which states as follows:

i) The Order shall be called the 2 T-Oil Amendment Order 2006

ii) In the 2 T-Oil Order of 1998, in the sub-paragraph(2) of paragraph 1, after the words,
“National Capital Territory of Delhi”, the words “and the cities of Ahmedabad,
Kanpur, Sholapur, Lucknow, Banglore, Chennai, Hyderabad, Mumbai, Agra,
Jharia, Varanasi, Faridabad, Patna, Jodhpur and Pune” shall be inserted

Fellowships and Awards

Indira Gandhi Paryavaran Puraskar

The Indira Gandhi Paryavaran Puraskar (IGPP) is awarded each year to Indian nationals or
any Indian organisation for significant contributions in the field of environment, which are
recognised as having a measurable impact on the protection/overall improvement of the
environment. The award under the organisation category carries two cash prizes of Rupees
Five lakh each, and under the individual category three prizes of Rupees Five lakh, Rupees
Three lakh and Rupees Two lakh each.(Fellowship and Awards)

Indira Priyadarshini Vrikshamitra Awards

Indira Priyadarshini Vrikshamitra Awards are given to individuals and institutions who have
done pioneering and exemplary work in the field of afforestation and wasteland development.
A cash award of Rupees Two lakh fifty thousand is presented to individuals/institutions in
four categories.(Fellowship and Awards)

Pitambar Pant National Environment Fellowship Award and B.P. Pal National
Environment Fellowship Award for Biodiversity
The National Fellowships are given each year to one scientist/expert of Indian nationality in
recognition of significant research and development contributions in the fields of
environmental sciences and biodiversity. The duration of the fellowship is two years.
(Fellowship and Awards)
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Desert Ecology Fellowship
In September 1992, the Ministry of Environment & Forests provided a one-time endowment
of Rupees 6 lakh to institute a Desert Ecology Fellowship at the University of Jodhpur in
recognition of the Bishnoi community's contribution to nature conservation and to encourage
studies in this field. The fellowship carries a monthly stipend of Rupees 3,500 and a
contingency grant of Rupees 1,000 per month. (Fellowship and Awards)

Amrita Devi Bishnoi Wildlife Protection Award

This award is given for significant contribution in the field of wildlife protection, which is
recognised as having shown exemplary courage or having done exemplary work for the
protection of wildlife. A cash award of Rupees One lakh is presented to
individuals/institutions involved in wildlife protection.(Fellowship and Awards)

E.K. Janaki Ammal National Award for Taxonomy

In order to promote excellent work in taxonomy and encourage young students and scholars
to work in this field, the E.K. Janaki Ammal Award was instituted in the year 1999. Two
awards, for outstanding work in Botanical and Zoological Taxonomy including work done in
Micro-organisms are eligible for consideration under either of the two categories - E.K.
Janaki Ammal National Award on Plant Taxonomy and E.K. Janaki Ammal National Award
on Animal Taxonomy respectively.(Fellowship and Awards)

National Awards for Excellence in Forestry by ICFRE

National Awards for Excellence in Forestry are given to Indian nationals for original and
outstanding work/research in the fields of forestry education, research and extension by the
Indian Council of Forestry Research and Education (ICFRE). Four awards are presented
under this category with each award carrying a sum of Rupees One lakh. (Fellowship and
Awards)

National Award for Prevention of Pollution

This award was instituted in 1992 and is given to 18 large scale industrial units and 5 small
scale industrial units annually for meeting pollution prevention goals and taking substantial

22
and consistent steps for environmental improvement. The award consists of a trophy, a
citation and Rupees One lakh each. (Fellowship and Awards)

Medini Puraskar Yojana

This award is given to Indian authors each year to encourage original works in Hindi on
environment and its related subjects such as wildlife, water resources and conservation. Four
cash awards are presented under this category. (Fellowship and Awards)

Paryavaran Aur Van Mantralaya Vishisht Vaigyanik Puraskar

This award was instituted in 1991-92 as an incentive to Group 'A' Scientists of the Ministry
and its associated formations. The award consists of a cash prize of Rupees 20,000 and is
awarded to two scientists every year. (Fellowship and Awards)

Dr. Salim Ali National Wildlife Fellowship Award and Shri Kailash Sankhla National
Wildlife Fellowship Award
In order to commemorate the memory of the two great wildlife conservationists of the
country, Shri Kailash Sankhla and Dr. Salim Ali, the Ministry of Environment and Forests
awards these two fellowships alternatively each year. The objective is to inspire and promote
the country's wildlife managers and scientists to take up research or experimental projects
aimed at conserving the rich wildlife heritage of India. The fellowship is awarded for a period
of two years with a stipend of Rupees 4,000 per month. In addition, an amount of Rupees
18,000 per annum is given for meeting contingency expenses. (Fellowship and Awards)

Rajiv Gandhi Environment Award for Clean Technology

This award is given to industrial units that make a significant contribution towards the
development of new, or the innovative modification of existing, technologies and practices
that substantially reduce or prevent environmental pollution. A cash prize of Rupees One lakh
is presented under this category.(Fellowship and Awards)

Best ENVIS Centre Award

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The Environmental Information System (ENVIS) is a decentralised nationwide network of 85
nodes integrated to collect, collate and disseminate information on the status of the country's
environment. In order to encourage and recognise the achievements of these centres, a Best
ENVIS Centre Award was instituted in 2004. This award is given once in every two years. A
cash award of Rupees 50,000 is presented along with a certificate. (Fellowship and Awards)

Rajiv Gandhi Wildlife Conservation Award

The Rajiv Gandhi Wildlife Conservation Award is given annually for significant contribution
in the field of wildlife conservation which has made, or has the potential to make, a major
impact on the protection and conservation of wildlife in the country. Two awards of Rupees
One lakh are given to education and research institutions, organisations, forest and wildlife
officers/research scholars or scientists/wildlife conservationists. (Fellowship and Awards)

Coastal Regions

Gujarat State Coastal Zone

Daman and Diu Coastal Zone
Maharashtra State Coastal Zone
Goa State Coastal Zone
Kerala State Coastal Zone
Karnataka State Coastal Zone
Pondicherry Coastal Zone
Tamil Nadu State Coastal Zone
Orissa State Coastal Zone
West Bengal State Coastal Zone
Lakshadweep Coastal Zone
Andhra Pradesh State Coastal Zone
Andaman and Nicobar Coastal Zone

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Authorities that have power:

• Constitution of the Environment Pollution (Prevention and Control) Authority for the
NCR
• Constitution of the Environment Pollution (Prevention and Control) Authority for the
NCR
• Constitution of the Environment Pollution (Prevention and Control) Authority for the
NCR
• Amendments
• Delegation of Powers U/S 20 of E(P) Act, 1986 to CPCB
• Delegation of Powers U/S 5 of E(P) Act, 1986 to CPCB
• Composition of Expert & Monitoring Committees for Haryana and Rajasthan
• Constitution of the Environment Pollution (Prevention and Control) Authority for the
NCR
• Delegation of Powers to State Governments for EIA of Thermal Power Projects
• Central Ground Water Board Authority, 1997, amended 2000
• Delegation of Powers to State Governments of Tripura
• Certain orders issued by Central Government
• Delegation of Powers to State Governments of West Bengal and Manipur
• Delegation of Powers to State Governments of Goa and Jammu & Kashmir
• Delegation of Powers to State Governments of Maharashtra
• Delegation of Powers to State Governments of Meghalaya, Punjab and Uttar Pradesh
• Delegation of Powers to State Governments of Andhra Pradesh, Assam, Bihar,
Gujarat, Haryana, Himachal Pradesh, Karnataka, Kerala, Madhya Pradesh, Mizoram,
Orissa, Rajasthan, Sikkim and Tamil Nadu
• Authorized Officers / Agencies to enter the Premises for Inspection
• Officers / Agencies Authorized to take Samples
• Officers Authorized for taking Cognizance of Offences

Scheme on Labeling of Environment Friendly Products ("ECOMARK")

25
The Government decided to institute a Scheme on Labeling of Environment Friendly
Products. The scheme operates on a national basis and provides accreditation 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 shall be known as
the "ECOMARK" and will be of the design to be notified.

Any product which is made, used or disposed of in a way that significantly reduces the harm
it would otherwise cause the environment could be considered as Environment Friendly
Product.

Objectives of the Scheme

The specific objectives of the scheme are as follows:-

1. To provide an incentive for manufacturers and importers to reduce adverse

environmental impact of products.

2. To reward genuine initiatives by companies to reduce adverse environmental impact

of their products.

3. To assist consumers to become environmentally responsible in their daily lives by

providing information to take account of environmental factors in their purchase
decisions.

4. To encourage citizens to purchase products which have less harmful environmental

impacts.

5. Ultimately to improve the quality of the environment and to encourage the sustainable
management of resources.

Certification and Licensing:

Testing and certification is carried out by the Bureau of Indian Standards. For product
categories which have the Indian Standards mark, the Bureau of Indian Standards will
ordinarily complete the task of certification within a period of three months. Products
certified as eligible for the ECOMARK shall be licensed to carry the ECOMARK for a
prescribed time period.

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The Criteria for Ecomark:

Products will be examined in terms of the following main environmental impacts:-

(a) That they have substantially less potential for pollution than other comparable
products in production, usage and disposal.

(b) That they are recycled, recyclable, made from recycled products or biodegradable,
where comparable products are not.

(c) That they make significant contribution to saving non-renewable resources,

including non renewable energy sources and natural resources, compared with
comparable products.

(d) That the product must contribute to a reduction of the adverse primary criteria
which has the highest environmental impact associated with the use of the product,
and which will be specifically set for each of the product categories.

The criteria shall be reviewed from time to time. The draft criteria shall be release for public
comments for a period of sixty days.

Consumer Awareness:

The Ministry of Environment & Forests have to take appropriate measures to launch a
country wide mass awareness campaign, including encouraging consumer groups. Assistance
is given to consumer organizations for comparative testing of products and dissemination of
information to the public.

ECO-Sensitive Zones:

Following zones are being announced as eco sensitive zone by the government.

• Mount Abu as Eco- Sensitive Zone

• Khaparwas Wildlife Sanctuary
• Bhindawas Wildlife Sanctuary
• Abubshaher Wildlife Sanctuary

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 • Chhilchhila Wildlife Sanctuary
• Nahar Wildlife Sanctuary
• Bir Shikargarh
• Khol hi Raitan
• Kalesar Wildlife Sanctuary
• Kalesar National Park
• Sultanpur National Park
• Matheran and surrounding region
• Mahabaleswar Panchgani Region
• Pachmarhi Region
• Taj Trapezium Zone Pollution (Prevention and Control)
• Dahanu Taluka Environment Protection Authority
• No Development Zone at Numaligarh, East of Kaziranga
• Restricting certain activities causing Environmental Degradation at Aravalli Range
• Dahanu Taluka, District Thane (Maharashtra) to declare as Ecologically fragile Area
• Restricting location of industries, mining & other activities in Doon Valley (UP)
• Prohibiting Industries in Murud-Janjira, Raigadh District.

Environmental Labs

Recognization of Environmental Laboratories

Table below tells us about the environmental laboratories to carry out the functions entrusted
to the environmental laboratories and the rules made there under, and the persons specified
are the Government Analysts for the purposes of analysis of samples of air, water, soil or
other substances sent for analysis by the Central Government or the officer empowered under
section 11 of the said Act

Laboratories Analysts

M/s.Mineral Engineering Services, Shri M. Sachin Raju

Shri M.S. Bhaskar

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25/XXV, Club Road, Karnataka Ms. P. Sunita

M/s. Envirochem Test Laboratory Shri Pradeep Kumar, M.Sc. (Chemistry)

HIG-79, Sector E, Aliganj Lucknow - 226 Ms. Saroj Singh
024 Shri Amit Agarwal, B.Sc

M/s. Shiva Test House 6D, Extension Dr. S. Prasad

(Chatterjee Lane), Mrs. Shreyasee
Gardanibagh, Patna -800 001 Mrs. Smriti
M/s. San Envirotech Pvt. Ltd., Shri Mahendra R. Sadaria
424-Medicine Market, Opp. Shefali Centre, Shri Mukta K. Bhattacharya
Paldi Cross Road, Ahmedabad-380 006 Shri Bhupendra K. Soni
Gujarat
M/s/ Terra Firma Environmental Consultants Shri Rajiv Aundhe
Pvt. Ltd. Shri Ravindra Gorantiwar
07, Hiren Light Industrial Estate, Mrs. Tejali Paresekar
Moghul Lane, Mahim, Mumbai – 400 016
The following shall be the functions of environmental laboratories:-
(i) To evolve standardized methods for sampling and analysis of various types of
environmental pollutants;
(ii) To analyze samples sent by the Central Government or the officers empowered under
sub-section (1) of section 11.
(iii) To carry out such investigations as may be directed by the Central Government to lay
down standards for the quality of environment and discharge of environmental pollutants, to
monitor and to enforce the standards laid down;
(iv) To send periodical reports regarding its activities to the Central Government;
(v) To carry out such other functions as may be entrusted to it by the Central Government
from time to time.

The Environment Protection Rules, 1986

There are various guidelines given in this regard:

1. Short title, extent and commencement

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2. Definitions
3. Standards for emission or discharge of environmental pollutants
4. Directions
5. Prohibition and restriction on the location of industries and the carrying on processes and
operations in different areas
6. Procedure for taking samples
7. Service of notice
8. Procedure for submission of samples for analysis and the form of laboratory report
9. Functions of environmental laboratories
10. Qualifications of Government Analyst
11. Manner of giving notice
12. Furnishing of information to authorities and agencies in certain cases
13. Prohibition and restriction on the handling of hazardous substances in different areas
14. Submission of environment statement

These rules may be called the Environment (Protection) Rules, 1986.

They shall come into force on the date of their publication in the Official Gazette.

The Central government may take into consideration the following factors while prohibiting
or restricting the location of industries and carrying on of processes and operations in
different areas-
(i) Standards for quality of environment in its various aspects laid down for an area.
(ii) The maximum allowable limits of concentration of various environmental pollutants
(including noise) [or an area.
(iii) The likely emission or discharge of environmental pollutants from an industry, process or
operation proposed to be prohibited or restricted.
(iv) The topographic and climatic features of an area.

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(v) The biological diversity of the area which, in the opinion of the Central Government
needs to be preserved.
(vi) Environmentally compatible land use.
(vii) Net adverse environmental impact likely to be caused by an industry, process or
operation proposed to be prohibited or restricted.
(viii) Proximity to a protected area under the Ancient Monuments and Archaeological Sites
and Remains Act, 1958 or a sanctuary, National Park, game reserve or closed area notified as
such under the Wild Life (Protection) Act, 1972 or places protected under any treaty,
agreement or convention with any other country or countries or in pursuance of any decision
made in any international conference, association or other body.
(ix) Proximity to human settlements.
(x) Any other factor as may be considered by the Central Government to Be relevant to the
protection of the environment in an area.

While prohibiting or restricting the location of industries and carrying on of processes and
operations in an area, the Central Government shall follow the procedure hereinafter laid
down
(a) Whenever it appears to the Central Government that it is expedient to impose prohibition
or restrictions on the locations Of an industry or the carrying on of processes and operations
in an area, it may by notification in the Official Gazette and in such other manner as the
Central government may deem necessary from time to time, give notice of its intention to do
so.
(b) Every notification under clause (a) shall give a brief description of the area, the industries,
operations, processes in that area about which such notification pertains and also specify the
reasons for the imposition of prohibition or restrictions on the locations of the industries and
carrying on of process or operations in that area.
(c) Any person interested in filing an objection against the imposition of prohibition or
restrictions on carrying on of processes or operations as notified under clause (a) may do so
in writing to the Central Government within sixty days from the date of publication of the
notification in the Official Gazette.
(d) The Central Government shall within a period of one hundred and twenty days from the
date of publication of the notification in the Official Gazette consider all the objections
received against such notification and may impose prohibition or restrictions on location of
such industries and the carrying on of any process or operation in an area.
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Case on Dhamra Port: Environmental Regulatory failure fuels Corporate Irreverence

Dhamra is a ‘minor’ port governed under the Indian Ports Act, 1908.
The term ‘minor’ only denotes those ports that are under the administration of the State
Government, while ‘major’ ports are administered by the Central Government. This
distinction has an important significance for the application of environmental regulations on
ports. Minor ports are exempt from the environmental clearance process under the
Environmental Impact Assessment. In reality, most minor ports are much larger in scale and
costs. Though exempt from the above process, ‘minor’ port projects are still required to
conduct an EIA and seek environmental clearance under another law – the Coastal Regulation
Zone (CRZ) Notification, as it falls within the coastal regulation zone.

How diligent are the ‘due diligence’ practices outlined for the port developers?

The environmental regulatory framework sets the country’s priorities towards the
environment and only provides a signal for companies to follow. The controversies over the
Dhamra port area result from lacunae in the environmental laws, litigation processes and in
the nature of engagement over environmental decision making in the country.

Flexible priorities

The Wild Life Protection Act, 1972, is revered by many as one of the most stringent of
conservation laws. Ironically, there is no evidence to show that any consultation took place
with local fisherfolk on conservation measures or fishing restrictions in the GMS area prior to
its declaration. This was one of the first compromises of the environment, well within the
letter of the law but against its spirit of conservation.

Change of proponents and project details

In October 2004, Larson and Turbo (L&T) one of the share holders in ISPL took over as sole
stakeholder and then assigned and subrogated all its rights and obligations to Dhamra Port
Company Limited (DPCL), a 50:50 venture with Tata Steel which achieved full closure in
May 2005.The site shifted from the Kanika sand bank island to the mainland coast.

More greenwash/Conclusion

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The Tatas and DPCL have also approached many NGOs, individual experts, and institutions
for research studies on possible impacts of the port and mitigation options, but have refused
to agree to halt project related activities till the findings of these studies emerge. The present
site will seriously impact Gahirmatha’s nesting turtles and could lead to the beach being
abandoned by the marine creatures. It is therefore necessary that an alternative site is located
for this port. Matters are still pending in the Orissa High Court challenging the development
of the port. The question of the legal validity of the environmental clearance remains a very
valid one.

References

• Environment Protection Act, 1986

www.envfor.nic.in/legis/env/env1.html

• Environment regulator proposal up for debate

trak.in/news/environment-html

• Environment protection act reduced to a travesty of their mandate

www.indiaenvironmentportal.org.in › Opinion

• Bare Act - The Environment (Protection) Act, 1986

www.vakilno1.com/bareacts/envProtAct/envprotact.htm

• The environment protection rules, 1986

www.envfor.nic.in/legis/env/env4.html

• Delegation of Powers:List all the authorities that have power:

http://www.envfor.nic.in/legis/delegation.htm

• List of ECO-Sensitive Zones :

http://www.envfor.nic.in/legis/eco-senstive.htm
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• Environmental Clearance – and amendments

http://www.envfor.nic.in/legis/env_clr.htm

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