Environmental laws

The main environmental laws, including under which various key
environmental permits (or consents) are being issued in India, include the:
1. Prevention of Cruelty toAnimalsAct, 1960
2. Wild Life (Protection)Act 1972
3. Water (Prevention and Control of Pollution)Act 1974 (WaterAct)
4. Forest (Conservation)Act 1980
5. Air (Prevention and Control of Pollution)Act 1981 (AirAct)
6. Environment (Protection)Act 1986 (EPAct)
7. Public Liability InsuranceAct, 1991
8. Biological DiversityAct, 2002
9. ScheduledTribes and OtherTraditional Forest Dwellers (Recognition of
Forest Rights)Act, 2006
10. National GreenTribunalAct 2010
11. CompensatoryAfforestation FundAct, 2016

Wild Life (Protection) Act 1972
 An Act to provide for the protection of Wild animals, birds and plants
and for matters connected therewith or ancillary or incidental thereto.
 It extends to the whole of India.
 It has six schedules which give varying degrees of protection.
 It helped India become a party to the Convention on International
Trade in Endangered Species ofWild Fauna and Flora (CITES).
 Its provisions paved the way for the formation of the Central Zoo
Authority.This is the central body responsible for the oversight of
zoos in India. It was established in 1992.
 The National Board forWildlife was constituted as a statutory
organization under the provisions of this Act.
1. The chief function of the Board is to promote the conservation and
development of wildlife and forests.

2. This is an advisory board that offers advice to the central government on
issues of wildlife conservation in India.
3. It is also the apex body to review and approve all matters related to
wildlife, projects of national parks, sanctuaries, etc.
4. It carry out impact assessment of various projects and activities on wild life
or its habitat.
5. It also prepare and publish a status report at least once in two years on wild
life in the country.
6. It is chaired by the Prime Minister.
 Similarly State Board forWild Life constituted, Chief Minister of that state as
its chairperson.
 TheAct also provided for the establishment of the NationalTiger
Conservation Authority.
It is a statutory body of the Ministry of Environment, Forest and Climate
Change with an overall supervisory and coordination part and to
strengthen tiger conservation in India, It gives statutory authority to Project
Tiger which was launched in 1973.

 The ChiefWildlifeWarden (CWLW) is the statutory authority, under
thisAct, who heads theWildlifeWing of the department and exercises
complete administrative control over Protected Areas (PAs) within a state.
 The Central Government can constitute aTiger and Other Endangered
Species Crime Control Bureau known as Wildlife Crime Control
Bureau to facilitate co-ordination and universal action for wildlife crime
control.
 There are five types of protected areas as provided under the Act.
1. Sanctuary- any area comprised within any reserve forest or wetland,
which is considered by the State Government to be of adequate ecological
faunal, floral, geomorphological, natural or zoological significance for the
purpose of protecting, propagating or developing wild life or its
environment. Human activities such as timber harvesting, collecting
minor forest products and private ownership rights, scientific research,
tourism are permitted as long as they do not interfere with the animals‟
well-being. Sanctuaries can be upgraded to the status of a„National Park‟.

2. National Park- to protect the natural environment of the area and
biodiversity conservation;The landscape, fauna and flora are present in
their natural state in national parks;Their boundaries are fixed and
defined; can be declared by the State government by Notification. No
alteration of the boundaries of a national park shall be made except on a
resolution passed by the State Legislature; no human activity is allowed;
Grazing of livestock and private tenure rights are not permitted here;
They cannot be downgraded to the status of a„sanctuary‟.
3. Conservation Reserves: The State government may declare an area
(particularly those adjacent to sanctuaries or parks) as conservation
reserves after consulting with local communities.
4. Community Reserves: The State government may declare any private or
community land as a community reserve after consultation with the local
community or an individual who has volunteered to conserve the
wildlife.
5. Tiger Reserves:These areas are reserved for the protection and
conservation of tigers in India.They are declared on the
recommendations of the NationalTiger ConservationAuthority.

 There are six schedules provided in theWildlife Protection Act.
 Schedule I- covers endangered species; Species under this Schedule are
prohibited to be hunted throughout India, except under threat to human
life;Trade of these animals is prohibited; harshest penalties for violation of
the law are for species under this Schedule; Examples: tiger, blackbuck,
Himalayan Brown Bear, Brow-Antlered Deer, Blue whale, Common
Dolphin, Cheetah, Clouded Leopard, hornbills etc.
 Schedule II- Animals under this list are also accorded high protection;Their
trade is prohibited;They cannot be hunted except under threat to human
life; Examples are Macaque,Wild dog, Chameleon, Civets, Otters, Cobra
etc.
 Schedule III & IV-This list is for species that are not endangered;This
includes protected species but the penalty for any violation is less compared
to the first two schedules; Examples are Chital, Hyaena, Nilgai, Sambar,
Ducks, FreshWater Frogs etc.
 ScheduleV- This schedule contains animals which can be hunted; Examples:
mice, rat, common crow, fruit bats, etc.
 ScheduleVI- This list contains 6 plant species that are forbidden from
cultivation which are Kuth, Pitcher plant, Ladies slipper orchids,
Beddomes' cycad, Blue and RedVanda

Water (Prevention and Control of Pollution)
Act 1974
 India is a riverine country. It has 14 major rivers, 44 medium rivers and
55 minor rivers besides numerous lakes, ponds and wells which are used
as primary source of drinking water even without treatment.ThisAct to
provide for the prevention and control of water pollution and the
maintaining or restoring of wholesomeness of water
 It applies in the first instance to the whole of the States ofAssam, Bihar,
Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka,
Kerala, Madhya Pradesh, Rajasthan,Tripura andWest Bengal and the
UnionTerritories; and it shall apply to such other State which adopts
this Act by resolution passed in that behalf.
 This act provided for the establishment of Central Pollution Control
Board (CPCB) which was founded in 22 September 1974,
headquarter at New Delhi under Ministry of Environment, Forest and
Climate Change.

 CPCB consists of a full time Chairman having domain knowledge,
members nominated by Central Government, members from State
Pollution Control Board, persons representing the interests of
agriculture, fishery or industry or trade and a full-time member-
secretary.
 The main function of the CPCB is to promote cleanliness of streams and
wells in different areas of the States; advise the Central Government on
any matter concerning the prevention and control of water pollution;
co-ordinate the activities of the State Boards and resolve disputes among
them.
 Collect, compile and publish technical and statistical data relating to
water pollution and the measures devised for its effective prevention
and control and prepare manuals, codes or guides relating to treatment
and disposal of sewage and trade effluents and disseminate information.
 Similarly State Pollution Control Boards (SPCB) are constituted.

 The Central Government may also establish a CentralWater Laboratory
or specify any laboratory or institute as a CentralWater Laboratory to
test the samples of water or of sewage or trade effluent.
 The 1988 amendment act empowered SPCB and CPCB to close a
defaulting industrial plant.
 TheWater CessAct was passed to generate financial resources to meet
expenses of the Central and State Pollution Boards;TheAct
creates economic incentives for pollution control and requires local
authorities and certain designated industries to pay a cess (tax) for water
effluent discharge.

Air (Prevention and Control of Pollution) Act
1981
 AnAct to provide for the prevention, control and abatement of air
pollution.
 This act was enacted to ratify the United Nations Conference on the
Human Environment held in Stockholm in June, 1972.
 According to this act “air pollutant” 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.

 TheAir Act expanded the authority of the CPCB and SPCBs established
under theWaterAct, to include air pollution control.
 States not having water pollution boards were required to set up air
pollution boards.
 Under theAir Act, all industries operating within designated air
pollution control areas must obtain a “consent” (permit) from the State
Boards.
 TheAct grants power to SPCB and to test equipment and to take the
sample for the purpose of analysis from any chimney, fly ash or dust or
any other.The SPCBs have the authority to declare any area as an air
pollution control area, with consultation from the CPCB.
 The 1988 amendment act empowered SPCB and CPCB to close a
defaulting industrial plant.
 Notably, the 1987 amendment introduced a citizen‟s suit provision into
theAir Act and extended theAct to include noise pollution.

Forest (Conservation) Act 1980
 AnAct to provide for the conservation of forests and for matters connected
therewith.
 No state government or any other authority shall make, except with prior
approval of the central government, any order directing-
1. That any reserved forest declared under any law for the time being in force
in that state or any portion, shall cease to be reserved.
2. That any forest land or any portion thereof may be used for any non-forest
purpose.
3. That any forest land or any portion may be cleared of trees which have
grown naturally in that land or portion, for the purpose of using it for re-
afforestation.The term„non-forest purposes‟ implies the breaking up or
cleaning of any forest-land or portion of forest land for- plantation farming
and any purposes other than re-afforestation.

 Power to make rules for carrying out the provisions of this act is vested
with the central government. Every such rule shall be laid down before
each house of the parliament for a period of 30 days.
 The appeal from the decision of any authority under this Act shall lie to
the National GreenTribunal. Any aggrieved person may file such an
appeal.
 Penalty for contravention of the provisions of thisAct- section 3-A of
this act provides that whoever contravenes or abets the conservation of
any of the provision of section 2, above mentioned shall be punishable
with simple imprisonment for a period, which may extend to fifteen
days.

Environment (Protection) Act 1986
 An Act to provide for the protection and improvement of environment
and for matters connected there with.
 This act was enacted to ratify the United Nations Conference on the
Human Environment held in Stockholm in June, 1972.
 According to the act "environment" includes water, air and land and the
inter-relationship which exists among and between water, air and land,
and human beings, other living creatures, plants, micro-organism and
property.
 “Environmental Pollutant" means any solid, liquid or gaseous substance
present in such concentration as may be, or tend to be, injurious to
environment.

 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.
 No person carrying on any industry, operation or process shall discharge or
emit or permit to be discharged or emitted any environmental pollutant in
excess of such standards as may be prescribed.
 No person shall handle or cause to be handled any hazardous substance
except in accordance with such procedure and after complying with such
safeguards as may be prescribed.
 Whoever fails to comply with or contravenes any of the provisions, rules,
orders or directions of thisAct shall be punishable with imprisonment for a
term which may extend to five years or with fine which may extend to one
lakh rupees, or with both.
 Bar of Jurisdiction prevents any Indian Court to take up a case/prosecution
against an officer who is doing his duty to uphold the laws under thisAct.

Coastal Regulation Zone
 The Coastal Regulation Zone (CRZ) Rules govern human and industrial
activity close to the coastline, in order to protect the fragile ecosystems near
the sea. CRZ Rules were first framed in 1991 taking power from Section 3 of
EPAct 1986.
 CRZ 2018 notification is based on recommendation of Shailesh Nayak
committee constituted by the MoEFCC in June 2014 for comprehensive
evaluation of provisions under CRZ 2011 notification as demanded by various
coastal States/UTs along with other stakeholders.
 the Central Government hereby declares the following areas as CRZ-
1. the land area from HighTide Line (HTL) to 500mts on the landward side
along the sea front.
2. land area between HTL and LowTide Line (LTL) which will be termed as
the intertidal zone.
3. land area between HTL to 50 meters or width of the creek whichever is
less on the landward side along the tidal influenced water bodies.

4. the water and the bed area between the LTL to the territorial water limit
(12 Nm) in case of sea and the water and the bed area between LTL at the
bank to the LTL on the opposite side of the bank, of tidal influenced water
bodies.
5. the land area falling between the hazard line and 500mts from HTL on the
landward side, in case of seafront and between the hazard line and 100mts
line in case of tidal influenced water body.
Prohibited activities within CRZ-
1. Setting up of new industries and expansion of existing industries.
2. Manufacture or handling oil storage or disposal of hazardous substance.
3. Setting up of new fish processing units.
4. Setting up and expansion of units or mechanism for disposal of wastes and
effluents. Discharge of untreated waste and effluents from industries,
cities or towns and other human settlements.
5. Land reclamation, bunding or disturbing the natural course of seawater.
6. Dressing or altering of active sand dunes.

7. Mining of sand, rocks and other sub-strata materials
8. Drawl of groundwater.
9. Disposal of plastic into the coastal waters shall be prohibited and adequate
measures for management and disposal of plastic materials.
10. Port and harbor projects in high eroding stretches of the coast.
 Classification of the CRZ-
 CRZ I- areas are environmentally most critical and are further classified as
under:
 CRZ IA - The areas that are ecologically sensitive such as Mangroves, Corals
and coral reef, Sand Dunes, Mudflats, National parks, marine parks,
sanctuaries, reserve forests, wildlife habitats and other protected areas, Salt
Marshes, nesting grounds, Sea grass beds,Areas or structures of
archaeological importance.A detailed environment management plan shall
be formulated by the states and Union territories for such ecologically
sensitive areas in respective territories, as mapped out by the National
Centre for Sustainable Coastal Management (NCSCM), Chennai

 CRZ IB - The area between LowTide Line and HighTide Line (Intertidal
Zone).
 CRZ II - The areas that have been developed upto or close to the shoreline
(that area within the existing municipal limits or in other existing legally
designated urban areas).
 CRZ III - Land areas that are relatively undisturbed (viz. rural areas, etc.)
and those which do not fall under CRZ-II
 CRZ III A - Such densely populated CRZ-III areas, where the population
density is more than 2161 per km², area up to 50 meters from the HTL on
the landward side shall be earmarked as the„No Development Zone (NDZ)‟,
provided the CZMP have been approved.
 CRZ III B - All other CRZ-III areas with population density of less than
2161 per km², the area up to 200 meters from the HTL on the landward side
shall be earmarked as the„No Development Zone(NDZ)‟.
 CRZ IV - constitute the water area and shall be further classified as under-
 CRZ IV A -the water area from the LowTide Line to twelve nautical miles
on the seaward side.

 CRZ IV B - water area and the bed area between LTL at the bank of
the tidal influenced water body to the LTL on the opposite side of the
bank, extending from the mouth of the water body at the sea up to the
influence of tide.
 Areas requiring special consideration in the CRZ-
 inland Backwater islands and islands along the mainland coast
 CRZ falling within municipal limits of Greater Mumbai
 CriticallyVulnerable CoastalAreas (CVCA): Sundarban region ofWest
Bengal , Gulf of Khambat and Gulf of Kutchh in Gujarat, Malvan,
Achra-Ratnagiri in Maharashtra, Karwar and Coondapur in Karnataka,
Vembanad in Kerala, Gulf of Mannar inTamil Nadu, Bhaitarkanika in
Odisha, Coringa, East Godavari and Krishna in Andhra Pradesh
managed with the involvement of coastal communities.
 A separate Island Protection Zone Notification has been issued for
protection of the islands ofAndaman & Nicobar and Lakshadweep.

 Permissible activities in CRZ:
 CRZ IA: Eco-tourism activities such as mangrove walks, tree huts, nature
trails, etc. In the mangrove buffer, only such activities shall be permitted like
laying of pipelines, transmission lines etc that are required for public utilities.
Construction of roads and roads on stilts, shall be permitted only in
exceptional cases for defense, strategic purposes and public utilities, subject to
a detailed environment impact assessment, to be recommended by the Coastal
Zone ManagementAuthority and approved by the Ministry of Environment,
Forest and Climate Change.
 CRZ I B: Land reclamation, bunding, etc. (permitted only for activities such
as foreshore facilities like ports, harbors, Jetties, wharves, quays, slipway,
bridges, hover ports for coast guard, sea links); projects for defense, strategic
and security purposes; road on stilts; measures for control of erosion; Storage
of non-hazardous cargo; Hatchery and natural fish drying; Power by non-
conventional energy sources and associated facilities; Projects classified as
strategic, defense related projects and projects of the Department ofAtomic
Energy; Manual mining of atomic mineral; Exploration and extraction of oil
and natural gas; Salt harvesting; Desalination plants;Weather radar;Treatment
facilities for waste and effluents and conveyance of treated effluents.

 CRZ II: Activities as permitted in CRZ-I B; Construction of buildings
for residential purposes, schools, hospitals, institutions, offices, public
places, etc. shall be permitted only on the landward side of the existing
road; Development of vacant plots in designated areas for construction
of beach resorts or hotels or tourism development projects;Temporary
tourism facilities.
 CRZ III: Activities as permitted in CRZ-I B;Agriculture, horticulture,
gardens, pastures, parks, playfields and forestry; Construction of
dispensaries, schools, public rain shelter, community toilets, bridges,
roads, provision of facilities for water supply, drainage, sewerage,
crematoria, cemeteries and electric sub-station; Construction of units
for domestic sewage, treatment and disposal; Facilities required for
local fishing communities; Development of airports in wastelands and
non-arable lands.
 CRZ IV: Activities as permitted in CRZ-I B;Traditional fishing and
allied activities; Construction of memorials or monuments and allied
facilities by the concerned State Government.

 Procedure for Clearances under CRZ:
 Rapid Environment Impact Assessment (EIA) Report;
 Disaster Management Report and Risk Management Report;
 CRZ map indicating HTL and LTL demarcated;
 No Objection Certificate from the concerned Pollution Control
Boards; clearance from Coastal Zone Management Plan
 The final clearance accorded by Ministry of Environment, Forest and
Climate Change which shall be valid for a period of five years.

Chemical Accidents (Emergency Planning,
Preparedness, and Response) Rules, 1996
 In exercise of the power conferred by Section 6, 8 and 25 of the Environment
(Protection)Act, 1986, the Central Government makes these rules.
 “ChemicalAccident" means an accident involving a fortuitous, or Sudden or
unintended occurrence while handling any hazardous chemicals resulting in
continuous, intermittent or repeated exposure to death, or injury to, any
person or damage to any property but does not include an accident by reason
only of war or radio-activity.
 Constitution of Central Crisis Group-The Central Government constitute
a Central Crisis Group for management of chemical accidents and set up a
CrisisAlert System; apex body to deal with major chemical accidents and to
provide expert guidance for handling major chemical accidents. Secretary,
MoEFCC is the ex-officio chairman of the group.

 Functions- Monitor the post accident situation; conduct post-accident
analysis; review district off-site emergency plans and progress reports
submitted by the State Crisis Groups; respond to queries addressed to it by
the State Crisis Groups and the District Crisis Groups; publish a State-wise
list of experts and officials who are concerned with the handling of chemical
accidents; render, in the event of a chemical accident in a State, all financial
and infrastructural help.
 The State Government shall constitute a State Crisis Group and District
Crisis Group for management of chemical accidents.
 The Local Crisis Group with Sub-Divisional magistrate as its Chairman, is
the body in the industrial pocket to deal with chemical accidents and
coordinate efforts in planning, preparedness and mitigation of a chemical
accident such as prepare local emergency plan for the industrial pocket; train
personnel involved in chemical accident management; conduct at least one
full scale mock-drill of a chemical accident at a site every six months;
respond to all public inquiries on the subject;The Local Crisis Group shall
provide information regarding possible chemical accident at a site in the
industrial pocket and related -information to the public.

The Manufacture, Use, Import, Export and
Storage of Hazardous Micro-Organisms
Genetically Engineered Organisms or Cells
Rules 1989
 In exercise of the powers conferred by sections 6, 8 and 25 of the
Environment (Protection)Act, 1986 and with a view to protecting the
environment, nature and health, in connection with the application of
gene technology and micro-organisms, the Central Government makes
the following rules.
 These rules are applicable to the whole of India.
 Recombinant DNA Advisory Committee (RDAC)- Review
developments in Biotechnology at national and international levels and
recommend suitable and-appropriate safety regulations for India in
recombinant research, use and applications from time to time; functions
in the Department of Biotechnology.

 Review Committee on Genetic Manipulation (RCGM)-
Functions in the Department of Biotechnology to monitor the safety
related aspect in respect of on-going research projects and activities
involving genetically engineered organisms/hazardous microorganisms.
Committee includes representatives of DBT, ICMR, ICAR, CSIR and
other experts in their individual capacity. It lays down procedures
restricting or prohibiting production sale importation and use of such
genetically engineered organisms of cells which pose a threat to human
life.
 Institutional Biosafety Committee (IBSC)- constituted by an
occupier or any person including research institutions handling
microorganisms/genetically engineered organisms.The committee
comprises the Head of the Institution, Scientists engaged in DNA work,
a medical expert and a nominee of the Department of Biotechnology.
The occupier prepare with the assistance of the Institutional Biosafety
Committee (IBSC) an up-to-date on-site emergency plan according to
the manuals/guidelines of the RCGM.

 Genetic Engineering Approval Committee (GEAC)- A body
under the Department of Environment Forests andWildlife for approval
of activities involving large scale use of hazardous microorganisms and
recombinants in research and industrial production from the
environmental angle.The Committee also responsible for approval of
proposals relating to release of genetically engineered organisms and
products into the environment including experimental Field trials.
Chairman-Additional Secretary Department of Environment Forests
andWild life; Co-Chairman Representative of Department of Bio-
technology.
 State Biotechnology Co-ordination Committee (SBCC)- It have
powers to inspect, investigate and take punitive action in case of
violations of statutory provisions through the Nodal Department and
the State Pollution Control Board/Directorate of Health/Medical
Services.The Committee reviews periodically the safety and control
measures in the various institutions handling genetically engineered
Organisms/Hazardous microorganisms; Chief Secretary of the state is
the Chairman.

 District Level Committee (DLC)- District Collector as Chairman; monitor
the safety regulations in installations engaged in the use of genetically modified
organisms/hazardous microorganisms and its applications in the environment.
 Microorganisms laid down in the Schedule are divided into the following:- (i)
Bacterial Agents; (ii) FungalAgents; (iii) ParasiticAgents; (iv)Viral, Rickettsial
and ChlamydialAgents; (v) Special Category.
 No person shall import, export, transport, manufacture, process, use or sell
any hazardous microorganisms of genetically engineered
organisms/substances or cells except with the approval of the GEAC.
 Certain experiments for the purpose of education within the field of gene
technology or microorganism may be carried out outside the laboratories and
laboratory areas and will be looked after by the IBSC.
 Any person operating or using genetically engineered organisms have to
obtain license issued by the GEAC.
 Food stuffs consisting of genetically engineered organisms or cells, shall not be
produced, sold, imported or used except with the approval of the GEAC.

Plastic Waste Management Rules
 In exercise of the powers conferred by sections 3,6 and 25 of the
Environment (Protection)Act, 1986 the Central Government makes
 These rules applies to every waste generator, local body, Gram
Panchayat, manufacturer, Importers and producer.
 “Plastic” means material which contains as an essential ingredient a high
polymer such as polyethylene terephthalate, high density polyethylene,
Vinyl, low density polyethylene, polypropylene, polystyrene resins,
multi-materials like acrylonitrile butadiene styrene, polyphenylene
oxide, polycarbonate, Polybutylene terephthalate.
 “Virgin Plastic” means plastic material which has not been subjected to
use earlier and has also not been blended with scrap or waste.

 Conditions-
 Carry bags and plastic packaging shall either be in natural shade which is without any
added pigments or made using only those pigments and colorants which are in
conformity with Indian Standard.
 Carry bags made of recycled plastic or products made of recycled plastic shall not be
used for storing, carrying, dispensing or packaging ready to eat or drink food stuff.
 Carry bags and plastic sheet made of virgin or recycled plastic, shall not be less than
fifty microns in thickness.
 Sachets using plastic material shall not be used for storing, packing or selling gutkha,
tobacco and pan masala.
 PlasticWaste Management-
 By Urban Local Bodies- Recyclable plastic waste, shall be channelized to registered
plastic waste recycler; encourage the use of plastic waste for road construction or
energy recovery or waste to oil etc.;Thermo set plastic waste shall be processed and
disposed off as per the guidelines issued by CPCB.
 Responsibility of local body- Every local body is responsible for development and
setting up of infrastructure for segregation, collection, storage, transportation,
processing and disposal of the plastic waste; can seek assistance from waste
producers; frame bye-laws incorporating the provisions of these rules.

 Responsibility of Gram Panchayat- Every gram panchayat has to set up,
operationalize and co-ordinate for waste management in the rural area under
their control.
 Responsibility of waste generator- take steps to minimize generation of plastic
waste and segregate plastic waste at source; handover segregated waste to
waste collection agencies;All institutional generators of plastic waste, shall
segregate and store the waste generated by them; and handover segregated
wastes to authorized waste processing or disposal facilities; pay user fee.
 Responsibility of producers, Importers and Brand Owners-The producers,
shall work out modalities for waste collection system based on Extended
Producers Responsibility; Primary responsibility for collection of used multi-
layered plastic sachet or pouches or packaging is of Producers, Importers and
Brand Owners who introduce the products in the market.They need to
establish a system for collecting back the plastic waste generated due to their
products. Every producer shall maintain a record of details of the person
engaged in supply of plastic used as raw material to manufacture carry bags or
plastic sheet or like.“multi-layered plastic which is non-recyclable or non-
energy recoverable or with no alternate use should be phased out inTwo years
time.
 Each recycled carry bag shall bear a label or a mark “recycled” and Each carry
bag made from compostable plastics shall bear a label “compostable”.

 Responsibility of retailers and street vendors- should not sell or provide commodities
to consumer in carry bags or plastic sheet or multilayered packaging, which are not
manufactured and marked, as per prescribed under these rules or pay fine.
 Prescribed authority-The State Pollution Control Board and Pollution Control
Committee in respect of a Union territory is the authority for enforcement of the
provisions of these rules relating to registration, manufacture of plastic products and
multilayered packaging, processing and disposal of plastic wastes.
 The concerned Secretary-in-charge of Urban Development of the State or a Union
Territory is the authority for enforcement of the provisions of these rules. Similarly,
Gram Panchayat in rural areas.
 The State Pollution Control Board or the Pollution Control Committee shall not
issue or renew registration to plastic waste recycling or processing units unless the
unit possesses a valid consent under theWater (Prevention and Control of Pollution)
Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 along with a
certificate of registration issued by the District Industries Centre or any other
Government agency authorized in this regard.
 The State government or the unionTerritory, for the purpose of effective monitoring
of implementation of these rules, constitute a State Level Advisory Committee under
the chairmanship of the Secretary, Department of Urban Development.

E-Waste (Management) Rules
Environment (Protection)Act, 1986 the Central Government makes the
following rules.
 These rules applies to every manufacturer, producer, consumer, collection
centers, dealers, e-retailer, refurbisher, dismantler and recycler involved in
manufacture, sale, transfer, purchase, collection, storage and processing of e-
waste or electrical and electronic equipment, including their components,
consumables, parts and spares which make the product operational.
 „E-waste' means electrical and electronic equipment, whole or in part
discarded as waste by the consumer or bulk consumer as well as rejects from
manufacturing, refurbishment and repair processes.
 „Extended Producer Responsibility‟ means responsibility of any producer of
electrical or electronic equipment, for channelization of e-waste to ensure
environmentally sound management of such waste.

 Responsibilities of the manufacturer- collect e-waste generated during the
manufacture of any electrical and electronic equipment and channelize it for
recycling or disposal; maintain records of the e-waste generated, handled and
disposed; authorization from SPCB.
 Responsibilities of the producer- collection and channelization of e-waste
generated from the„end-of-life‟ of their products; provide information on
hazardous constituents in electronic equipment and their handling; means and
mechanism available for their consumers to return e-waste for recycling
including the details of Deposit Refund Scheme, if applicable; authorization
from CPCB.
 Responsibilities of collection centres- collect e-waste on behalf of producer or
dismantler or recycler or refurbisher including those arising from orphaned
products; ensure that no damage is caused to the environment during storage
and transportation of e-waste; ensure that the facilities are in accordance with
the standards issued by CPCB.
 Responsibilities of dealers- collect the e-waste by providing the consumer a
box, bin or a demarcated area to deposit e-waste and send the e-waste to
collection centre or dismantler or recycler as designated by producer; ensure
that no damage is caused to the environment during storage and
transportation of e-waste.

 Responsibilities of the refurbisher- collect e-waste generated during the
process of refurbishing and channelize the waste to authorized dismantler or
recycler; ensure that the refurbishing process do not have any adverse effect
on the health and the environment; authorization from SPCB.
 Responsibilities of consumer- ensure that e-waste generated by them is
channelized through collection centre or dealer to authorized dismantler or
recycler; bulk consumers of electrical and electronic equipment should
maintain records of e-waste generated by them; ensure that such end-of-life
electrical and electronic equipment are not admixed with e-waste containing
radioactive material.
 Responsibilities of the dismantler- ensure that the facility and dismantling
processes are in accordance with the standards prescribed by CPCB; obtain
authorisation from the concerned SPCB; ensure that dismantled e-waste are
segregated and sent to the authorized recycling facilities for recovery of
materials; non-recyclable or non-recoverable components are sent to
authorized treatment storage and disposal facilities.
 Responsibilities of the recycler- obtain authorisation from concerned SPCB;
ensure that the fractions or material not recycled in its facility is sent to the
respective authorized recyclers; ensure that residue generated during
recycling process is disposed of in an authorized treatment storage disposal
facility.

 Responsibilities of State Government- ensure earmarking or allocation of industrial
space or shed for e-waste dismantling and recycling in the existing and upcoming
industrial park, estate and industrial clusters; prepare integrated plan for effective
implementation of these provisions, and to submit annual report to MoEFCC
 Department of Labor in the State should ensure recognition and registration of
workers involved in dismantling and recycling; undertake industrial skill
development activities for the workers involved in dismantling and recycling;
undertake annual monitoring and to ensure safety & health of workers involved in
dismantling and recycling.
 Every manufacturer, producer, bulk consumer, collection centre, dealer, refurbisher,
dismantler and recycler may store the e-waste for a period not exceeding one
hundred and eighty days and shall maintain a record of collection, sale, transfer and
storage of wastes and make these records available for inspection.
 The manufacturer, producer, importer, transporter, refurbisher, dismantler and
recycler shall be liable for all damages caused to the environment or third party due
to improper handling and management of the e-waste.
 Any person aggrieved by an order of suspension or cancellation or refusal of
authorization or its renewal passed by the CPCB or SPCB may, within a period of
thirty days, prefer a appeal to the Appellate Authority comprising of the
Environment Secretary of the State.

Bio-Medical Waste Management Rules
 In exercise of the powers conferred by section 6, 8 and 25 of the
following rules.
 These rules applies to all persons who generate, collect, receive, store,
transport, treat, dispose, or handle bio medical waste in any form including
hospitals, nursing homes, clinics, dispensaries, veterinary institutions, animal
houses, pathological laboratories, blood banks, ayush hospitals, clinical
establishments, research or educational institutions, health camps, medical or
surgical camps, vaccination camps, blood donation camps, first aid rooms of
schools, forensic laboratories.
 “Bio-MedicalWaste" means any waste, which is generated during the
diagnosis, treatment or immunization of human beings or animals or research
activities pertaining thereto or in the production or testing of biological or in
health camps.

 Duties of the Occupier- bio-medical waste should handled without any
adverse effect to human health and the environment; make a provision within
the premises for a safe, ventilated and secured location for storage of
segregated biomedical waste in colored bags or containers; pre-treat the
laboratory waste, microbiological waste, blood samples and blood bags
through disinfection or sterilization on-site in the manner as prescribed by the
WHO or NACO guidelines; phase out use of chlorinated plastic bags, gloves
and blood bags; dispose of solid waste other than bio-medical waste; immunise
all its health care workers and others, involved in handling of bio-medical
waste for protection against diseases including Hepatitis B andTetanus;
establish a Bar- Code System for bags or containers containing bio-medical
waste; all bedded health care units, maintain and update on day to day basis
the bio-medical waste management register and display the monthly and
annual record on its website.
 Duties of the operator of a common bio-medical waste treatment and disposal
facility- same as above; the recyclables from the treated bio-medical wastes
such as plastics and glass, shall be given to recyclers; collection of biomedical
waste on holidays also; maintain all record for operation of incineration, hydro
or autoclaving for a period of five years.

 Duties of MoEFCC- Making Policies concerning bio-medical waste
Management in the Country; Providing financial assistance for training and
awareness programs to State Pollution Control Boards or Pollution Control
Committees; financial assistance for setting up or upgradation of common bio-
medical waste treatment facilities; Undertake or support operational research
and assessment with reference to risks to environment and health due to bio-
medical waste; Constitution of Monitoring Committee for implementation of
the rules; Hearing Appeals and give decision against order passed by the
prescribed authorities.
 Duties of MoHFW and Department ofAnimal husbandry- Grant of license to
health care facilities or nursing homes or veterinary establishments;
Publication of list of registered health care facilities with regard to bio-medical
waste generation, treatment and disposal; Coordinate with SPCBs for
organizing training programs to staff of health care facilities and municipal
workers; Constitution of Expert Committees at National or State level for
overall review and promotion of clean or new technologies.
 Duties of Ministry of Defence- Grant and renewal of authorization toArmed
Forces health care facilities or common bio-medical waste treatment facilities;
Inspection and monitoring of Medical Inspection (MI) rooms, sick bays
onboard ships or submarines, station medical centers and field hospitals in
forward locations; same as above

 Duties of CPCB- Prepare Guidelines on bio-medical waste Management; Co-
ordination of activities of State Pollution Control Boards or Pollution Control
Committees; Conduct training courses for authorities dealing with
management of bio-medical waste; Inspection and monitoring of health care
facilities other thanArmed Forces health care facilities.
 Duties of State Government of Health or UnionTerritory Government or
Administration-To ensure implementation of the rule in all health care
facilities;Allocation of adequate funds to Government health care facilities for
bio-medical waste management; Procurement and allocation of treatment
equipment and make provision for consumables for bio-medical waste
management; Constitute State or District Level Advisory Committees under
the District Magistrate orAdditional District Magistrate to oversee the bio-
medical waste management in the Districts.
 Duties of State Pollution Control Boards or Pollution Control Committees-
Inventorisation of Occupiers and data on bio-medical waste generation,
treatment & disposal; Grant and renewal, suspension or refusal cancellation or
of authorization under these rules; Publish the list of Registered Recyclers;
Undertake and support third party audits.
 Municipalities or Corporations, Urban Local Bodies and Gram Panchayats-
Provide or allocate suitable land for development of common bio-medical
waste treatment facilities; Collect other solid waste (other than the bio-
medical waste) from the health care facilities.

 Every State Government or Union territory Administration constitute an
Advisory Committee for the respective State or Union territory under the
chairmanship of the respective health secretary to oversee the implementation
of the rules in the respective state and to advice any improvements and the
Advisory Committee shall include representatives from the Departments of
Health, Environment, Urban Development,Animal Husbandry andVeterinary
Sciences of that State Government or Union territoryAdministration, State
Pollution Control Board or Pollution Control Committee, urban local bodies
or local bodies or Municipal Corporation, representatives from Indian Medical
Association, common bio-medical waste treatment facility and NGOs.
 Ministry of Defence constitute the Advisory Committee (Defence) under the
chairmanship of Director General of Health Services ofArmed Forces
consisting of representatives from the Ministry of Defence, MoEFCC, CPCB,
MoHFW,Armed Forces Medical College or Command Hospital.
 The occupier or an operator of a common bio-medical waste treatment
facility shall be liable for all the damages caused to the environment or the
public due to improper handling of bio- medical waste.

 Biomedical waste categories-
 Yellow- HumanAnatomicalWaste, SoiledWaste (Items contaminated
with blood, body fluids like dressings, plaster casts, cotton swabs etc),
Expired or Discarded Medicines, ChemicalWaste; Discarded linen,
mattresses, beddings contaminated with blood or body fluid;
Microbiology, Biotechnology and other clinical laboratory waste.
 Red- ContaminatedWaste (Recyclable) {Waste generated from
disposable items such as tubing, bottles, intravenous tubes and sets,
catheters, urine bags, syringes (without needles and fixed needle
syringes) and vaccutainers with their needles cut) and gloves.}
 White (Translucent)- Needles, syringes with fixed needles, needles
from needle tip cutter or burner, scalpels, blades, or any other
contaminated sharp object that may cause puncture and cuts.
 Blue- Glassware and Metallic Body Implants

Solid Waste Management Rules
following rules.
 These rules applies to every urban local body, outgrowths in urban
agglomerations, census towns, notified areas, notified industrial townships,
areas under the control of Indian Railways, airports, airbases, Ports and
harbors, Defence establishments, special economic zones, State and Central
government organizations, places of pilgrims, and to every domestic,
institutional, commercial and any other non residential solid waste generator
situated in the areas.
 “SolidWaste" includes solid or semi-solid domestic waste, sanitary waste,
commercial waste, institutional waste, catering and market waste and other
non residential wastes, street sweepings, silt removed or collected from the
surface drains, horticulture waste, agriculture and dairy waste, treated bio-
medical waste.

Duties of waste generators-
1. segregate and store the waste generated by them in three separate streams namely
bio-degradable, non biodegradable and domestic hazardous wastes in suitable bins
and handover segregated wastes to authorized waste collectors;
2. wrap securely the used sanitary waste like diapers, sanitary pads etc., in the
pouches provided by the manufacturers or brand owners of these products or in a
suitable wrapping material and shall place the same in the bin meant for non- bio-
degradable waste;
3. store separately construction and demolition waste;
4. No waste generator shall throw, burn or burry the solid waste generated by him,
on streets, open public spaces outside his premises or in the drain or water bodies;
5. Every street vendor shall keep suitable containers for storage of waste generated
during the course of his activity and shall deposit such waste at waste storage depot
or container or vehicle;
6. All resident welfare and market associations, hotels and restaurants ensure
segregation of waste at source, facilitate collection of segregated waste in separate
streams, handover recyclable material to the authorized recyclers.The bio-
degradable waste shall be processed, treated and disposed off through composting
or bio-methanation within the premises as far as possible.

 All industrial units using fuel and located within one hundred km from a solid
waste based refused derived fuel plant shall make arrangements to replace at
least five percent of their fuel requirement by refused derived fuel so
produced.
 Duty of manufacturers or brand owners of disposable products
and sanitary napkins and diapers- All manufacturers of disposable
products such as tin, glass, plastics packaging, etc., or brand owners who
introduce such products in the market shall provide necessary financial
assistance to local authorities for establishment of waste management system;
put in place a system to collect back the non-biodegradable packaging waste
generated due to their production; provide a pouch or wrapper for disposal of
each napkin or diapers along with the packet of their sanitary products;
educate the masses for wrapping and disposal of their products.
 The Ministry of Environment, Forest and Climate Change shall be responsible
for over all monitoring the implementation of these rules in the country. It
shall constitute a Central Monitoring Committee under the Chairmanship of
Secretary, MoEFCC.
 Every Department in-charge of local bodies of the concerned State
Government or Union territory administration shall constitute a State Level
Advisory Body with Secretary, Department of Urban Development or Local
self government department of the State as ex-officio chairperson.

Duties and responsibilities of local authorities and village Panchayats of census
towns and urban agglomerations-
1. arrange for door to door collection of segregated solid waste from all households including
slums and informal settlements, commercial, institutional and other non residential
premises.
2. recognize organizations of waste pickers or informal waste collectors and promote their
participation in solid waste management; facilitate formation of Self Help Groups, provide
identity cards and thereafter encourage integration in solid waste management; ensure that
the operator of a facility provides personal protection equipment
3. setup material recovery facilities or secondary storage facilities with sufficient space for
sorting of recyclable materials; Bins for storage of bio-degradable wastes shall be painted
green, those for storage of recyclable wastes shall be printed white and those for storage of
other wastes shall be printed black
4. establish waste deposition centres for domestic hazardous waste; collect waste from
vegetable, fruit, flower, meat, poultry and fish market on day to day basis and promote
setting up of decentralized compost plant or bio-methanation plant at suitable locations.
5. phase out the use of chemical fertilizer in two years and use compost in all parks, gardens
maintained by the local body and wherever possible in other places.
6. ensure that provisions for setting up of centers for collection, segregation and storage of
segregated wastes, are incorporated in building plan while granting approval.
7. stop land filling or dumping of mixed waste; allow only the non-usable, non-recyclable,
non-biodegradable, non-combustible and non-reactive inert waste and pre-processing
rejects and residues from waste processing facilities to go to sanitary landfill.

Construction and Demolition Waste
Management Rules
 In exercise of the powers conferred by sections 6, 25 of the
Environment (Protection)Act, 1986, the Central Government notifies
 The rules shall apply to every waste resulting from construction, re-
modeling, repair and demolition of any civil structure of individual or
organization or authority who generates construction and demolition
waste such as building materials, debris, rubble.
 “Construction and DemolitionWaste" means the waste comprising of
building materials, debris and rubble resulting from construction, re-
modeling, repair and demolition of any civil structure.

 Duties of the waste generator- be responsible for collection, segregation of
concrete, soil and others and storage of construction and demolition waste
generated; ensure that other waste (such as solid waste) does not get mixed
with this waste and is stored and disposed separately;Waste generators who
generate more than 20 tons or more in one day or 300 tons per project in a
month shall segregate the waste into four streams such as concrete, soil, steel,
wood and plastics, bricks and mortar and shall submit waste management plan
and get appropriate approvals from the local authority before starting
construction or demolition or remodeling work and pay relevant charges.
 Duties of local authority- issue detailed directions with regard to proper
management of construction and demolition waste within its jurisdiction;
chalk out stages, methodology and equipment, material involved in the overall
activity and final clean up; make provision for giving incentives for use of
material made out of construction and demolition waste in the construction
activity.
 Procurement of materials made from construction and demolition waste shall
be made mandatory to a certain percentage (say 10-20%) in municipal and
Government contracts subject to strict quality control.

 Duties of service provider and their contractors – prepare a
comprehensive waste management plan; remove all construction and
demolition waste and clean the area every day, if possible, or depending
upon the duration of the work.
 The Ministry of Urban Development, and the Ministry of Rural
Development, Ministry of Panchayat Raj, shall be responsible for
facilitating local bodies in compliance of these rules.
 The Ministry of Environment, Forest and Climate Change shall be
responsible for reviewing implementation of these rules as and when
required.
 The Bureau of Indian Standards and Indian Roads Congress shall be
responsible for preparation of code of practices and standards for use of
recycled materials and products of construction and demolition waste in
respect of construction activities.

Manufacture, Storage and Import of
Hazardous Chemical Rules
 In exercise of the powers conferred by Section 6, 8 and 25 of the
Environment (Protection)Act, 1986, the Central Government makes the
following rules.
 This rule applies to an industrial activity in which a hazardous chemical is
involved; an isolated storage in which there is involved a threshold quantity of
a hazardous chemical; an occupier who has control of an industrial activity.
 Toxic Chemicals: Chemicals having the values of acute toxicity and which
owing to their physical and chemical properties, are capable of producing
major accident hazards.
 Explosives means a solid or liquid or pyrotechnic substance (or a mixture of
substances) or an article (a) which is in itself capable by chemical reaction of
producing gas at such a temperature and pressure and at such a speed as to
cause damage to the surroundings; (b) which is designed to produce an effect
by heat, light, sound, gas or smoke or a combination of these as the result of
non-detonative self sustaining exothermic chemical reaction.

 An occupier shall prepare and keep up-to-date an on-site emergency plan
detailing how major accidents will be dealt with on the site on which the
industrial activity is carried on, and that plan shall include the name of the
person who is responsible for safety on the site and the names of those who
are authorized to take action in accordance with the plan in case of an
emergency.
 It is the duty of the concerned authority to prepare and keep up-to-date an
adequate off-site emergency plan detailing how emergencies relating to a
possible major accident on that site will be dealt with and in preparing that
plan the concerned authority shall consult the occupier.
 The occupier shall take appropriate steps to inform persons outside the site
either directly or through District Emergency Authority who are likely to be
in an area which may be affected by a major accident about- (a) the nature of
the major accident hazard; and (b) the safety measures and the "Do‟s‟ and
„Don‟ts" which should be adopted in the event of a major accident.
 Every container of a hazardous chemical shall be clearly labeled or marked to
identify,- (a) the contents of the container, (b) the name and address of
manufacturer or importer Of the hazardous chemical; (c) the physical,
chemical and toxicological data.

 Any person responsible for importing hazardous chemicals in India shall
provide at the time of import or within thirty days from the date of
import to the concerned authorities the information pertaining to- (i)
the name and address of the person receiving the consignment in India;
(ii) the port of entry in India; (iii) mode of transport from the exporting
country to India (iv)The quantity of chemical(s) being imported; and
(v) complete product safety information.
 If the concerned authority at the State is satisfied that the chemical being
imported is likely to cause major accident, it may direct the importer to
take such steps including stoppage of such imports as the concerned
authority at the State may deem it appropriate.
 Chief Inspector of Factories/Chief Inspector of Dock Safety/Chief
Inspector of Mines - Enforcement of directions and procedures in
respect of industrial installations and isolated storages covered under the
Factories Act, 1948, dealing with hazardous chemicals and pipelines
including inter-state pipelines; prepare Safety reports; Preparation of
on-site and off-site emergency plans in consultation with District
Collector or District Emergency Authority.

 Central Pollution Control Board or State Pollution Control Board-
Enforcement of directions and procedures in respect of isolated storage of
hazardous chemicals; Preparation of off-site emergency plan; Preparation of
on-site emergency plans; Import of hazardous Chemicals and enforcement of
directions and procedures.
 Atomic Energy Regulatory Board- Notification of major accidents; Safety
report and safety audit reports;Acceptance of On-site Emergency plans;
Assisting the District Collector in the preparation of Off-Site emergency
plans.
 District Collector or District EmergencyAuthority- Preparation of off-site
emergency plans
 Chief Controller of Explosives- Enforcement of directions and procedures as
per the provisions of (i)The ExplosivesAct, (ii)The petroleumAct, 1934;
Notification of major accident; Safety report and safety audit reports;
Acceptance of On-site Emergency plans;Assisting the District Collector in the
preparation of Off-Site emergency plans.
 CENTRE FOR ENVIRONMENT AND EXPLOSIVE SAFETY (CEES),
(DRDO), Department of Defence Research & Development- Enforcement of
directions and procedures in respect of laboratories, industrial establishment
and isolated storages dealing with hazardous chemicals in the Ministry of
Defence.

Hazardous and Other Wastes (Management
and Transboundary Movement) Rules
Environment (Protection)Act, 1986, the Central Government makes
 These rules applies to the management of hazardous and other wastes.
 “HazardousWaste” means any waste which by reason of characteristics
such as physical, chemical, biological, reactive, toxic, flammable,
explosive or corrosive, causes danger or is likely to cause danger to
health or environment, whether alone or in contact with other wastes
or substances.

 Responsibilities of the occupier- responsible for safe and environmentally
sound management of hazardous and other wastes.
 For the management of hazardous and other wastes, an occupier shall follow the
following steps, namely:- (a) prevention; (b) minimization; (c) reuse, (d) recycling;
(e) recovery, utilization including co-processing; (f) safe disposal.
 The occupier shall take all the steps while managing hazardous and other wastes to-
(a) contain contaminants and prevent accidents and limit their consequences on
human beings and the environment; and (b) provide persons working in the site with
appropriate training, equipment and the information necessary to ensure their safety.
 The occupiers of facilities may store the hazardous and other wastes for a period not
exceeding ninety days and shall maintain a record of sale, transfer, storage, recycling,
recovery, pre-processing, co-processing and utilization of such wastes.
Responsibilities of State Government-
 Department of Industry in the State or any other government agency, to ensure
earmarking or allocation of industrial space or shed for recycling, pre-processing and
other utilization of hazardous or other waste in the existing and upcoming industrial
park, estate and industrial clusters.
 Every State Government may prepare integrated plan for effective implementation of
these provisions and to submit annual report to the MoEFCC.

 Department of Labor in the State (a) ensure recognition and registration of
workers involved in recycling, preprocessing and other utilization activities;
(b) assist formation of groups of such workers to facilitate setting up such
facilities; (c) undertake industrial skill development activities for the workers;
(d) undertake annual monitoring and to ensure safety and health of workers.
 Every occupier of the facility who is engaged in handling, generation,
collection, storage, packaging, transportation, use, treatment, processing,
recycling, recovery, pre-processing, co-processing, utilization, offering for
sale, transfer or disposal of the hazardous and other wastes shall be required to
make an application in to the SPCB and obtain an authorization from the
SPCB valid for five years.
 The Ministry of Environment, Forest and Climate Change is the nodal
Ministry to deal with the transboundary movement of the hazardous and other
wastes.
 The import of hazardous and other wastes from any country is permitted only
for recycling, recovery, reuse and utilization including co-processing.

 Hazardous waste mentioned in scheduleVI (Metal and Metal bearing
wastes,Wastes containing principally inorganic constituents, which may
contain metals and organic materials,Wastes containing principally
organic constituents, which may contain metals and inorganic materials,
Wastes which may contain either inorganic or organic constituents) are
prohibited to import.
 The occupier, importer or exporter and operator of the disposal facility
shall be liable for all damages caused to the environment or third party
due to improper handling and management of the hazardous and other
waste.
 The occupier and the operator of the disposal facility shall be liable to
pay financial penalties as levied for any violation of the provisions under
these rules by the State Pollution Control Board.
 Any person aggrieved by an order of suspension or cancellation or
refusal of authorisation or its renewal passed by the SPCB may, within a
period of thirty days, prefer an appeal in to theAppellate Authority,
namely, the Environment Secretary of the State.

Noise Pollution (Regulation and Control)
Rules
 In exercise of the powers conferred by Section 6 and 25 of the Environment
ProtectionAct, 1986, the Central Government makes the following rules.
 The increasing ambient noise levels in public places from various sources,
inter-alia, industrial activity, construction activity, fire crackers, sound
producing instruments, generator sets, loud speakers, 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 State Government categorizes the areas into industrial, commercial,
residential or silence areas/zones for the purpose of implementation of noise
standards for different areas.

 The State Government take measures for abatement of noise including
noise emanating from vehicular movements, blowing of horns, bursting
of sound emitting fire crackers, use of loud speakers or public address
system and sound producing instruments and ensure that the existing
noise levels do not exceed the ambient air quality standards.
 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.
 An area comprising not less than 100 meters around hospitals,
educational institutions and courts may be declared (by the State
Government) as silence area/zone.
 The respective SPCBs or Pollution Control Committees in consultation
with the CPCB shall collect, compile and publish technical and statistical
data relating to noise pollution and measures devised for its effective
prevention, control and abatement.

 Restrictions on the use of loud speakers/public address system
and sound producing instruments- shall not be used except after
obtaining written permission from the authority; shall not be used at night
time except in closed premises for communication within; State Government
may permit use of loud speakers or public address systems and the like during
night hours (between 10.00 p.m. to 12.00 midnight) on or during any
cultural, religious or festive occasion of a limited duration not exceeding
fifteen days.
 Restrictions on the use of horns, sound emitting construction
equipment and bursting of fire crackers- No horn shall be used in
silence zones or during night time in residential areas except during a public
emergency; Sound emitting fire crackers shall not be burst in silence zone or
during night time; Sound emitting construction equipment shall not be used
or operated during night time in residential areas and silence zones.
 Whoever, in any place covered under the silence zone/area commits any of
the following offence, he shall be liable for penalty- plays any music or uses
any sound amplifiers; beats a drum or tom-tom or blows a horn either musical
or pressure; exhibits any mimetic, musical or other performances of a nature
to attract crowds; bursts sound emitting fire crackers or uses a loud speaker or
a public address system.

Batteries (Management and Handling)
Rules
Environment Protection Act, 1986, the Central Government makes the
following rules.
 These rules shall apply to every manufacturer, importer, re-conditioner,
assembler, dealer, recycler, auctioneer, consumer, and bulk consumer
involved in manufacture, processing, sale, purchase and use of batteries or
components thereof.
 „Battery' means lead acid battery which is a source of electrical energy and
contains lead metal.
 „Used Batteries' means used, damaged and old lead acid batteries or
components thereof.
 The importers shall get registered with the Central Pollution Control Board
for a period of five years.
 RESPONSIBILITIES OF DEALER- the used batteries are collected back; give
appropriate discount for every used battery returned by the consumer; safe
transportation; registration with State Pollution Control Board for five years.

 RESPONSIBILITIES OF MANUFACTURER, IMPORTER,ASSEMBLER AND RE-
CONDITIONER- used batteries are collected back as per the Schedule; used
batteries collected back are of similar type and specifications as that of the new
batteries sold; set up collection centres; safe transportation from collection centres to
the premises of registered recyclers; use the international recycling sign on the
Batteries; create public awareness about hazards of lead; responsibility of consumers
to return their used batteries only to the dealers and addresses of dealers and
designated collection centres.
 RESPONSIBILITIES OF RECYCLER- same as manufacturer; registration to the
MoEFCC.
 The prescribed authority for ensuring compliance of the provisions of these rules
shall be the SPCBs.And, it files an annual compliance status report to the Central
Pollution Control Board by 30th April of every year.
 The Central Pollution Control Board compiles and publish the data received every
year from the SPCBs. It reviews the compliance of the rules periodically to improve
the collection and recycling of used lead batteries and apprise the MoEFCC.
 Ministry of Environment and Forests or an agency designated by it shall develop a
system for computerized tracking of- (i) distribution and sale of batteries; (ii)
collection, auction, transport and re-processing of used batteries; (iii) sale of re-
processed lead by registered recyclers; and (iv) sale of lead from all domestic
producers or importers.

Wetlands (Conservation and Management)
Rules
 Wetlands are vital parts of the hydrological cycle, are highly productive ecosystems
which support rich biodiversity and provide a wide range of ecosystem services such
as water storage, water purification, flood mitigation, erosion control, aquifer
recharge, microclimate regulation, aesthetic enhancement of landscapes while
simultaneously supporting many significant recreational, social and cultural activities.
 Wetlands are threatened by reclamation and degradation through drainage and
landfill, pollution (discharge of domestic and industrial effluents, disposal of solid
wastes), hydrological alteration (water withdrawal and changes in inflow and
outflow), over-exploitation of their natural resources resulting in loss of biodiversity
and disruption in ecosystem services provided by wetlands.
 India is a signatory to the Ramsar Convention onWetlands, 1971 and also Article 51A
of the Indian Constitution stipulates that it shall be the duty of every citizen of India
to protect and improve the natural environment.
 Therefore, in exercise of the powers conferred by section 25, 3 and 23 of the
Environment (Protection) Act, 1986 the Central Government makes the following
rules for conservation and management of wetlands.

 “Wetland" means an area of marsh, fen, peatland or water; whether natural or
artificial, permanent or temporary, with water that is static or flowing, fresh,
brackish or salt, including areas of marine water the depth of which at low
tide does not exceed six meters, but does not include river channels, paddy
fields, human-made water bodies/tanks specifically constructed for drinking
water purposes and structures specifically constructed for aquaculture, salt
production, recreation and irrigation purposes.
 These rules shall apply to the following wetlands or wetlands complexes,
namely- (a) wetlands categorized as 'wetlands of international importance'
under the Ramsar Convention; (b) wetlands as notified by the Central
Government, State Government and UnionTerritory Administration
 Restrictions of activities- encroachment of any kind; setting up of any
industry and expansion of existing industries; solid waste dumping; poaching;
discharge of untreated wastes and effluents from industries, cities, towns,
villages; any construction of a permanent nature except for boat jetties;
manufacture or handling or storage or disposal of construction and demolition
waste, hazardous substances, E-Waste.The wetlands to be conserved and
managed in accordance with the principle of 'wise use' as determined by the
WetlandsAuthority.

 Wetlands Authorities- The Central Government hereby constitutes the
StateWetlandsAuthority in each State with the following members-
 Minister In-charge of the Department of Environment/Forests of the State
Government or Minister Incharge of the Department handling wetlands –
Chairperson
 Chief Secretary of the State orAdditional Chief Secretary equivalent -Vice
Chairperson
 Secretary in-charge of the Department of Environment, Department of
Forests, Department of Urban Development, Department of Rural
Development, Department ofWater Resources, Department of Fisheries,
Department of Irrigation and Flood Control, Department ofTourism,
Department of Revenue; ChiefWildlifeWarden; Director of State Remote
Sensing Centre; Member Secretary of State Biodiversity Board; Member
Secretary of SPCB;Additional Principal Chief Conservator of Forests of the
Regional Office are ex-officio Members.
 Additional Secretary/Joint Secretary/Director in the Department of
Environment/Forests or Department handling wetlands - Member Secretary.
 One expert each in the fields of wetland ecology, hydrology, fisheries,
landscape planning and socioeconomics to be nominated by the State
Government

 Functions- prepare a list of all wetlands of the State or UnionTerritory;
recommend identified wetlands; prepare a comprehensive digital inventory of all
wetlands; develop a comprehensive list of activities to be regulated and permitted;
define strategies for conservation and wise use of wetlands; review integrated
management plan; function as nodal authority for all wetland specific authorities
within the State or UnionTerritory; undertake measures for enhancing awareness.
 TheAuthority shall constitute- (a) a technical committee to review brief documents,
management plans and advise on any technical matter referred by theWetland
Authority; and (b) a grievance committee consisting of four members to provide a
mechanism for hearing and forwarding the grievances raised by public to the
Authority.
 NationalWetlands Committee-The Central Government, hereby constitutes the
NationalWetlands Committee with Secretary of MoEFCC as Chairperson;Three
representatives of State Government or UnionTerritory on a rotational basis for a
tenure of two years each; all others members equivalent to state wetland authority.
 Functions- advise the Central Government on appropriate policies and action
programs for conservation and wise use of wetlands; evolve norms and guidelines for
integrated management of wetlands; recommend designation of wetlands of
international importance under Ramsar Convention and trans-boundary wetlands;
review progress of integrated management.

Public Liability Insurance Act, 1991
 An Act to provide for public liability insurance for the purpose of
providing immediate relief to the persons affected by accident
occurring while handling any hazardous substance and for matters
connected therewith or incidental thereto.
 “Accident” means an accident involving a fortuitous or sudden or
unintended occurrence while handling any hazardous substance
resulting in continuous or intermittent or repeated exposure to death
of, or injury to, any person or damage to any property but does not
include an accident by reason only of war or radio-activity.
 Liability to give relief in certain cases on principle of no fault-Where
death or injury to any person (other than a workman) or damage to any
property has resulted from an accident, the owner shall be liable to give
such relief as is specified in the Schedule for such death, injury or
damage.

 Duty of owner to take out insurance policies- Every owner shall take
out, before he starts handling any hazardous substance, one or more insurance
policies and renew it providing for contracts of insurance whereby he is
insured against liability to give relief. (No insurance policy taken out by an
owner shall be for an amount less than the amount of the paid-up capital of the
undertaking handling any hazardous substance, and more than the amount, not
exceeding fifty crore rupees)
 Whenever it comes to the notice of the Collector that an accident has
occurred at any place within his jurisdiction, he shall verify the occurrence of
such accident and invite applications for claim for relief.
 The Collector shall, after giving notice of the application to the owner and
after giving the parties an opportunity of being heard, hold an inquiry into the
claims and may make an award determining the amount of relief which
appears to him to be just.
 The insurer, shall, within a period of thirty days of the date of announcement
of the award, deposit that amount; If fails to deposit the amount, such amount
shall be recoverable from the owner, or as the case may be, the insurer as
arrears of land revenue or of public demand.
 The Collector shall have all the powers of Civil Court for the purpose of
taking evidence on oath and of enforcing the attendance of witnesses and of
compelling the discovery and production of documents and material objects.

 Environmental Relief Fund-The Central Government may, establish a
fund to be known as the Environmental Relief Fund to be utilized for paying,
in accordance with the provisions of thisAct and relief under the award made
by the Collector.
 Where any offence under thisAct has been committed by a company, every
person who, at the time the offence was committed, was directly in charge of,
and was responsible to the company shall be deemed to be guilty of the
offence and shall be liable to be proceeded against and punished accordingly.
 Where an offence under thisAct has been committed by any Department of
Government, the Head of the Department shall be deemed to be guilty of the
offence and shall be liable to be proceeded against and punished accordingly.
 Advisory Committee-The Central Government, constitute anAdvisory
Committee on the matters relating to the insurance policy under thisAct
consisting of (a)three officers representing the Central Government; (b) two
persons representing the insurers; (c) two persons representing the owners;
and (d) two persons from amongst the experts of insurance or hazardous
substances.

Biological Diversity Act 2002
 AnAct to provide for conservation of biological diversity, sustainable use of
its components and fair and equitable sharing of the benefits arising out of the
use of biological resources, knowledge and for matters connected therewith
or incidental thereto.
 To give effect to United Nations Convention on Biological Diversity signed at
Rio de Janeiro, 1992 to which India is a party.
 “Biological Diversity" means the variability among living organisms from all
sources and the ecological complexes of which they are part, and includes
diversity within species or between species and of eco-systems.
 “Biological Resources" means plants, animals and micro-organisms or parts
thereof, their genetic material and by-products (excluding value added
products) with actual or potential use or value, but does not include human
genetic material.
 The offences under thisAct are cognizable and non-bailable.

National Biodiversity Authority-
1. Headquartered at Chennai
2. Chairperson, is an eminent person having adequate knowledge and
experience in the conservation and sustainable use of biological diversity,
appointed by the Central Government.
3. 10 ex officio members to be appointed by the Central Government to
represent respectively the Ministries of the Central Government dealing
with- (i)Agricultural Research and Education; (ii) Biotechnology; (iii)
Ocean Development; (iv)Agriculture and Cooperation; (v) Indian Systems
of Medicine and Homoeopathy; (vi) Science andTechnology; (vii) Scientific
and Industrial Research (viii) Ministry ofTribalAffairs; (ix) two members
from MoEFCC
4. five non-official members to be appointed from amongst specialists and
scientists having domain knowledge.
5. The Central Government may remove from the National Biodiversity
Authority any member who, has- (a) been adjudged as an insolvent; or (b)
been convicted of an offence which involves moral turpitude; or (c) become
physically or mentally incapable of acting as a member; or (d) so abused his
position as to render his continuance in office detrimental to the public
interest; or (e) acquired such financial or other interest as is likely to affect
prejudicially his functions as a member.

 The NBA may-
 advise the Central Government on matters relating to the conservation of
biodiversity, sustainable use of its components and equitable sharing of benefits
arising out of the utilization of biological resources;
 advise the State Governments in the selection of areas of biodiversity importance to
be notified as heritage sites and measures for the management of such heritage sites
 take any measures necessary to oppose the grant of intellectual property rights in any
country outside India on any biological resource obtained from India or knowledge
associated with such biological resource which is derived from India.
 Regulations-
1. Foreign nationals, NRIs, foreign companies or Indian companies which has any
non-Indian participation in its share capital or management cannot obtain any
biological resource occurring in India or knowledge associated thereto for research
or for commercial utilization or for bio-survey and bio-utilization, without
previous approval of the National Biodiversity Authority (NBA).
2. No person shall, without the previous approval of the NBA, transfer the results of
any research relating to any biological resources occurring in, or obtained from,
India for monetary consideration or otherwise to Foreign nationals, NRIs, foreign
companies or Indian companies which has any non-Indian participation in its share
capital or management.

3. No person shall apply for any intellectual property right, in or outside India
for any invention based on any research or information on a biological
resource obtained from India without obtaining the previous approval of the
NBA.The NBA may, impose benefit sharing fee or royalty or both or impose
conditions including the sharing of financial benefits arising out of the
commercial utilization of such rights.
4. Indian citizens or corporates can not obtain any biological resource for
commercial utilization, or bio-survey and bio-utilization for commercial
utilization except after giving prior intimation to the State Biodiversity
Board concerned (not apply to the local people and communities of the
area)
 National Biodiversity Fund- grants and loans made to the NBA, charges
and royalties received by the NBA, used to channeling benefits to the benefit
claimers, conservation and promotion of biological resources and
development of areas from where such biological resources or knowledge
associated thereto has been accessed.

State Biodiversity Board-
1. Consists of a Chairperson who is an eminent person having adequate
domain knowledge, five ex officio members to represent the concerned
Departments of the State Government, five members to be appointed from
amongst experts in matters relating to conservation of biological diversity.
2. Advise the State Government, subject to any guidelines issued by the
Central Government, on matters relating to the conservation of
biodiversity, sustainable use of its components and equitable sharing of the
benefits arising out of the utilization of biological resources
3. Regulate by granting of approvals or otherwise requests for commercial
utilization or bio-survey and bio-utilization of any biological resource by
Indians
4. State Biodiversity Fund- grants and loans made to the State Biodiversity
Board, applied for the management and conservation of heritage sites;
compensating or rehabilitating of people; conservation and promotion of
biological resources; socio-economic development of areas from where such
biological resources or knowledge associated thereto has been accessed.

 Biodiversity Heritage Sites- the State Government in consultation with
the local bodies, notify areas of biodiversity importance as biodiversity
heritage sites; frame rules for the management and conservation; frame
schemes for compensating or rehabilitating any person or section of people
economically affected by such notification.
Biodiversity Management Committee (BMC)-
 Every local body shall constitute a BMC within its area for the purpose of
promoting conservation, sustainable use and documentation of biological
diversity including preservation of habitats, conservation of land races, folk
varieties and cultivars, domesticated stocks and breeds of animals and
microorganisms and chronicling of knowledge relating to biological diversity.
 The National and the State Biodiversity Boards shall consult the BMC while
taking any decision relating to the use of biological resources and knowledge
associated with such resources occurring within the territorial jurisdiction of
the BMC.
 It can levy charges by way of collection fees from any person for accessing or
collecting any biological resource for commercial purposes which goes into
Local Biodiversity Fund.

Prevention of Cruelty to Animals Act, 1960
 An Act to prevent the infliction of unnecessary pain or suffering on
animals.
 “Animal" means any living creature other than a human being.
 “Phooka" or “Doom Dev" includes any process of introducing air or any
substance into the female organ of a milch animal with the object of
drawing off from the animal any secretion of milk.
 It is the duty of every person having the care or charge of any animal to
take all reasonable measures to ensure the well-being of such animal
and to prevent the infliction upon such animal of unnecessary pain or
suffering.

 AnimalsWelfare Board of India- Central Government constituted AWB to
promote animal welfare generally and to protect animals from being subjected to
unnecessary pain or suffering.
1. Inspector-General of Forests and Animal Husbandry Commissioner are ex officio
members of the board;
2. One person from MoHA, one person from MoHRD, one person from Indian
Board forWild Life appointed by Central Government;
3. three persons who are actively engaged in animal welfare work; two persons to
represent practitioners of modern and indigenous systems of medicine and three
other persons nominated by the Central Government;
4. Four MPs of Lok Sabha and two MPs of Rajya Sabha;
5. Two persons from Municipal Corporations, six persons from animal welfare
organizations and societies
6. The Central Government appoints the Secretary of the Board.
 Functions- to keep the law in force; to advise the Central Government on the
making of rules under this Act; to advise the Government in the design of slaughter-
houses or in the maintenance of slaughter-houses or in connection with slaughter of
animals; that unwanted animals are destroyed by local authorities, whenever it is
necessary to do so; formation or establishment of pinjrapoles, rescue homes, animal
shelters, sanctuaries and the like for animals and birds.

 Treating animals cruelly-
 If any person (a) beats, kicks, over-rides, over-drives, over-loads, tortures or
otherwise treats any animal so as to subject it to unnecessary pain or suffering
(b) employs in any work or labor for which animal is unfit to be so employed
(c) willfully and unreasonably administers any injurious drug or injurious
substance (d)Transport them in such a way which causes them pain and
suffering (e) confines any animal in any cage or other receptacle which does
not measure sufficiently in height, length and breadth to permit the animal a
reasonable opportunity for movement (f) keeps for an unreasonable time any
animal chained or tethered upon an unreasonably short or unreasonably heavy
chain or cord (g) fails to provide such animal with sufficient food, drink or
shelter (h) without reasonable cause, abandons any animal in circumstances
which render it likely that it will suffer pain by reason of starvation or thirst
(i) willfully permits any animal, of which he is the owner, to go at large in any
street while the animal is affected with contagious or infectious disease or,
without reasonable excuse permits any diseased or disabled animal, of which
he is the owner, to die in any street (j) mutilates any animal or kills any animal
(including stray dogs) by using the method of strychnine injections in the
heart or in any other unnecessarily cruel manner;

 (k) organizes, keeps, uses or acts in the management of, any place for animal
fighting or for the purpose of baiting any animal; (l) promotes or takes part in
any shooting match or competition of animals (m) confines or causes to be
confined any animal (including tying of an animal as a bait in a tiger or other
sanctuary) so as to make it an object of prey for any other animal; incites any
animal to fight or bait any other animal
 Liable to be punished
 If any person performs upon any cow or other milch animal the operation
called phooka or doom dev or any other operation (including injection of any
substance) to improve lactation which is injurious to the health of the animal
shall be punishable with fine which may extend to one thousand rupees, or
with imprisonment for a term which may extend to two years, or with both.
 Careful and humane experiments are allowed on animals under the
supervision of Committee for control and supervision of experiments on
animals.
 Religious killing of an animal by any community is not an offense.
 Persons registered withAWB can train some animals for performing arts.

Scheduled Tribes and Other Traditional
Forest Dwellers (Recognition of Forest
Rights) Act, 2006
 The forest rights on ancestral lands and their habitat were not adequately
recognized in the consolidation of State forests during the colonial period as
well as in independent India resulting in historical injustice to the forest
dwelling ScheduledTribes and other traditional forest dwellers who are
integral to the very survival and sustainability of the forest ecosystem.
 It became necessary to address the long standing insecurity of tenurial and
access rights of forest dwelling ScheduledTribes and other traditional forest
dwellers including those who were forced to relocate their dwelling due to
State development interventions.
 Parliament enacted this act to recognize and vest the forest rights and
occupation in forest land in forest dwelling ScheduledTribes and other
traditional forest dwellers who have been residing in such forests for
generations but whose rights could not be recorded.
 It extends to the whole of India

 “Forest land" means land of any description falling within any forest area
and includes unclassified forests, undemarcated forests, existing or
deemed forests, protected forests, reserved forests, Sanctuaries and
National Parks.
 “Community Forest Resource" means customary common forest land
within the traditional or customary boundaries of the village or seasonal
use of landscape in the case of pastoral communities, including reserved
forests, protected forests and protected areas such as Sanctuaries and
National Parks to which the community had traditional access.
 “CriticalWildlife Habitat" means such areas of National Parks and
Sanctuaries that are required to be kept as inviolate for the purposes of
wildlife conservation.
 “Minor Forest Produce" includes all non-timber forest produce of plant
origin including bamboo, brush wood, stumps, cane, tussar, cocoons,
honey, wax, lac, tendu or kendu leaves, medicinal plants and herbs,
roots, tubers and the like.

Forest Rights of traditional forest dwelling communities-
 right to hold and live in the forest land under the individual or common occupation
for habitation or for self-cultivation for livelihood
 community rights such as nistar, including those used in erstwhile Princely States,
Zamindari or such intermediary regimes
 right of ownership, access to collect, use, and dispose of minor forest produce which
has been traditionally collected
 other community rights of uses or entitlements such as fish and other products of
water bodies, grazing and traditional seasonal resource access
 community tenures of habitat and habitation for primitive tribal groups and
preagricultural communities
 rights in or over disputes lands; rights for conversion of Pattas or leases or grants
issued by any local authority or any State Government on forest lands to titles
 rights of settlement and conversion of all forest villages, into revenue villages
 rights to protect, regenerate or conserve or manage any community forest resource
 right of access to biodiversity and community right to intellectual property and
traditional knowledge related to biodiversity and cultural diversity
 right to in situ rehabilitation including alternative land in cases where the Scheduled
Tribes or other traditional forest dwellers have been illegally evicted or displaced
 any other traditional right customarily enjoyed by these communities.

the Central Government shall provide for diversion of forest land for the
following facilities-
 (a) schools; (b) dispensary or hospital; (c) anganwadis; (d) fair price shops; (e)
electric and telecommunication lines; (f) tanks and other minor water bodies;
(g) drinking water supply and water pipelines; (h) water or rain water
harvesting structures; (i) minor irrigation canals; (j) non-conventional source
of energy; (k) skill up-gradation or vocational training centers; (l) roads; and
(m) community centers
 provided that (i) the forest land to be diverted is less than one hectare in each
case; and (ii) the clearance of such developmental projects shall be subject to
the condition that the same is recommended by the Gram Sabha.
 Authorities to vest forest rights-
 The Gram Sabha is the authority to initiate the process for determining the
nature and extent of individual or community forest rights or both that may be
given to these communities within the local limits of its jurisdiction under this
Act by receiving claims, consolidating and verifying them.

 The State Government constitutes a Sub-Divisional Level Committee to
examine the resolution passed by the Gram Sabha and prepare the record of
forest rights.
 The State Government constitutes a District Level Committee to consider
and finally approve the record of forest rights prepared by the Sub-Divisional
Level Committee.The decision of the District Level Committee on the record
of forest rights is final and binding.
 The State Government constitutes a State Level Monitoring Committee to
monitor the process of recognition and vesting of forest rights and to submit
to the nodal agency such reports.
 These committees are consists of officers of the department of Revenue,
Forest andTribalAffairs of the State Government and three members of the
Panchayati Raj Institutions at the appropriate level, appointed by the
respective Panchayati Raj Institutions, of whom two shall be the Scheduled
Tribe members and at least one shall be a women, as may be prescribed.
 The Ministry of Tribal Affairs is the nodal agency for the implementation
of the provisions of thisAct.

National Green Tribunal Act ,2010
 AnAct to provide for the establishment of a National GreenTribunal for the
effective and expeditious disposal of cases relating to environmental
protection and conservation of forests and other natural resources including
enforcement of any legal right relating to environment and giving relief and
compensation for damages to persons and property and for matters
connected therewith or incidental thereto.
 This act was enacted to ratify the United Nations Conference on the Human
Environment held in Stockholm in June, 1972 calling upon the States to
provide effective access to judicial and administrative proceedings, including
redress and remedy.
 TheTribunal is not bounded by the procedure laid down by the Code of Civil
Procedure, 1908 but guided by the principles of natural justice.
 TheTribunal shall, while passing any order or decision or award, apply the
principles of sustainable development, the precautionary principle and the
polluter pays principle.

Composition ofTribunal-
1. a full time Chairperson,(Judge of the Supreme Court of India or Chief
Justice of a High Court) appointed by the Central Government in
consultation with the Chief Justice of India
2. not less than ten and maximum of twenty full time Judicial Members (Judge
of the Supreme Court of India or Judge of a High Court)
3. not less than ten and maximum of twenty full time Expert Members (five
years practical experience in the field of environment and forests or
administrative experience of fifteen years including experience of five years
in dealing with environmental matters in the Central or a State Government
or in a reputed National or State level institution)
4. The Chairperson of theTribunal may, invite any one or more person having
specialized knowledge and experience in a particular case.
5. Office term is five years and not eligible for re-appointment
 Any person aggrieved by any award, decision or order of theTribunal, may,
file an appeal to the Supreme Court, within ninety days from the date of
communication of the award.
 No civil court have jurisdiction to entertain any appeal in respect of any
matter, which theTribunal is empowered to determine under its appellate
jurisdiction.

Compensatory Afforestation Fund Act, 2016
AnAct to provide for the establishment of funds under the public accounts of
India and the public accounts of each State and crediting thereto the monies
received from the user agencies towards compensatory afforestation,
additional compensatory afforestation, penal compensatory afforestation, net
present value and all other amounts recovered from such agencies under the
Forest (Conservation)Act, 1980; constitution of an authority at national level
and at each of the State and Union territoryAdministration for administration
of the funds and to utilize the monies so collected for undertaking artificial
regeneration (plantations), assisted natural regeneration, protection of forests,
forest related infrastructure development, Green India Program, wildlife
protection and other related activities and for matters connected therewith or
incidental thereto.
Enacted as directed by Supreme Court inT.N. GodavarmanThirumulpad vs.
Union of India and Others 1995

 It extends to the whole of India
 “CompensatoryAfforestation” means afforestation done in lieu of the
diversion of forest land for non-forestry use.
 “Environmental Services” includes- (i) provision of goods such as wood, non-
timber forest products, fuel, fodder, water and provision of services such as
grazing, tourism, wildlife protection and life support; (ii) regulating services
such as flood moderation, carbon sequestration and health of soil, air and
water regimes; (iii) supporting such other services necessary for the
production of ecosystem services, biodiversity, nutrient cycling and primary
production including pollination and seed dispersal
 “Net PresentValue” means the quantification of the environmental services
provided for the forest area diverted for non-forestry uses.
 Central Government constituted the “National CompensatoryAfforestation
Fund Management and PlanningAuthority” which manages and utilizes the
National Fund. It consists of a governing body and assisted by an executive
committee, monitoring group and administrative support mechanism.
 Similarly, the Central Government also constituted “State Compensatory
Afforestation Fund Management and PlanningAuthority” in each State.

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