THIS PDF REGULATORY AFFAIRS

2.  The industrial revolution and the development in the international
trade and commerce has led to the vast expansion of business and
trade, as a result of which a variety of consumer goods have appeared
in the market to cater to the needs of the consumers and a host of
services have been made available to the consumers like insurance,
transport, electricity, housing, entertainment, finance and banking.
 A well organised sector of manufacturers and traders with better
knowledge of markets has come into existence, thereby affecting the
relationship between the traders and the consumers making the
principle of consumer sovereignty almost inapplicable.
 The advertisements of goods and services in television, newspapers
and magazines influence the demand for the same by the consumers
though there may be manufacturing defects or imperfections or short
comings in the quality, quantity and the purity of the goods or there
may be deficiency in the services rendered.
 In addition, the production of the same item by many firms has led the
consumers, who have little time to make a selection, to think before
they can purchase the best.

3.  The Constitution of India gives a right to pollution free
environment as a fundamental right to the citizen of India,
according to Article 21 of constitution “No person shall be
deprived of his life or personal liberty except according to the
procedure established by the Law”.
 It also imposes a duty to protect the environment, according to the
article 51 A (g) of constitution, “it shall be the duty of every
citizen of India to protect and improve the natural environment
including forests, lakes, rivers, air and wildlife and to have
compassion for living creatures”
 Article 47 of constitution also cast on the state to raise the level
of standard of nutrition and standard of living including
improvement in public health. For this one has to necessarily
depend on the natural resources and therefore responsibility to
protect environment arises.
 So to protect the natural resources and our environment number of
Acts, rules, and notifications are in existence.

4.  The following Acts, rules and notifications deals with the
environment:
A) General:
1. The Environment (Protection) Act and rules, 1986
2. The Environment Audit Notification, 1992.
3. The Environment Standards Notifications, 1993.
4. The Environment Clearance Notifications, 1994,
5. The Public Liability Insurance Act, Rules and Amendments, 1991-92.
6. The National Environment Tribunal Act, 1995.
7. The National Environment Appellate Authority Act, 1997.
B) Land Use:
1. The Ancient Monument & Archaeological Sites and Remains Act, 1958
2. The Urban Land (Ceiling & Regulation) Act, 1976.
3. The Model Regional & Town Planning & Development Law, 1985.
4. The Industries Development and Regulation Act, 1951.
5. The Mines and Minerals (Regulation and developement0 Act, 1957

5.  The following Acts, rules and notifications deals with the
environment:
C) Water:
1. The Coal Mines (Conservation and Development) Act, 1985
2. The Water (Prevention and Control of Pollution) Act and rules, 1974-75.
3. The Water (Prevention and Control of Pollution) Cess Act and rules,
1977.
4. The Coastal Regulation Zone Notification, 1991.
5. The Oil Fields (Regulation and development) Act, 1984
6. The Merchant Shipping Act, 1970.
D) Air:
1. The Air (Prevention and Control of Pollution) Act and rules, 1981
2. The Indian Fisheries Act, 1987.
3. The factories Act and Amendments 1948, 1987.
4. The Motor Vehicle Act, 1988.
5. The Atomic Energy Act and Amendment, 1962,1982

6.  The following Acts, rules and notifications deals with the
environment:
E) Hazardous Chemicals and Waters:
1. The Hazardous Waste (Management and Handling) Rules, 1989
2. Manufacture, Storage and Imports of Hazardous Chemicals Rules 1989.
3. The Insecticides Act, 1968.
F) Bio-diversity:
1. The Forest Act, 1927
2. The Forest (Conservation) Act and Rules, 1980-81.
3. The Wildlife (Protection) Act, 1972.
4. The Wildlife (Transactions and Taxidermy) Rules, 1973.
5. The Wildlife (Stock Declarations) Central Rules, 1973
6. The Wildlife (Protection, Licensing, Additional Matters for
Consideration)
Rules, 1983.

7.  Pollution free environment forms the part of the fundamental right to life.
 Fundamental Duty of man to protect and preserve environment for future
generation.
 Sustainable development based on ‘Precautionary Principle’ and ‘Polluter
Pays Principle’.
 Public injury and common interest.
 Strict and absolute liability of the polluter of the environment.
 Environmental awareness and collective efforts to combat pollution.

8.  Objectives of this Act:
 to provide for the prevention and control of water pollution and the
maintenance or restoring wholesomeness of water.
 with a view to carrying out the purpose of aforesaid, to establish
Boards for the prevention and control of water pollution,
 for conferring on and assigning to such Boards powers and functions
relating thereto and for matters connected therewith.

9.  This is the Act that established the Central and a State Board and also the
authority and power to constitute as many committees as it feels essential to
carry out specific functions for it.
 The Act specifically prohibits “any poisonous, noxious or polluting matter’ into
any stream or well.
 A consent from the State Board is required for any type of new discharge into
any new stream or well.
 This also includes consent for “temperature” discharges as done by cooling
tower users.
 In general, this means that a State consent or permit is required for all types
of intake and/or discharge of any type of liquid or water either from a
running stream or well.
 Under these rules, “effluent standards to be complied with by persons while
causing discharge of sewage or sludge or both” have been specified.
 Standards for small scale industries have been specified separately

10. PENALTIES
 Penalties for non-compliance with the permit or polluting in any way are
imprisonment for three months and fine of Rs. 10,000 or fine up to Rs. 5,000
per day of violation or both plus any expenses incurred by the Board for
sampling, analysis, inspection etc.
 These penalties can also be imposed for “obstructing any person acting under
the orders or direction of the Board” or for “damages to any work or property
of the Board.”
 There are penalties also which extend up to seven years plus other monetary
fines for other similar offenses. Any “director, manager, secretary or other
officer of the company may also be deemed to be guilty” if proved that the
offense occurred with their “consent or connivance.”
 In case of the government, department head could be held liable.

11.  According Sec 3 (1) , the Central Government, shall have the
power to take all such measures as it deems necessary or
expedient (convenient) for the purpose of protecting and improving
the quality of the environment and preventing, controlling and
abating (reducing) environmental pollution.
 Such measures may include measures with respect to all or any of
the following matters, namely:
(i) Co-ordination of actions by the State Governments, officers and
other authorities.
(ii) planning and execution of a nation-wide programme for the
prevention, control and abatement (reduction) of environmental
pollution.
(iii) laying down standards for the quality of environment in its various
aspects.
(iv) laying down standards for emission or discharge of environmental
pollutants from various sources whatsoever;(Provided that different standards
for emission or discharge may be laid down under this clause from different sources having
regard to the quality or composition of the emission or discharge of environmental pollutants
from such sources).

12. (v) restriction of areas in which any industries, operations or processes or
class of industries, operations or processes shall not be carried out or
shall be carried out subject to certain safeguards.
(vi) laying down procedures and safeguards for the prevention of
accidents which may cause environmental pollution and remedial
measures for such accident.
(vii) laying down procedures and safeguards for the handling of hazardous
substances.
(viii) examination of such manufacturing processes, materials and
substances as are likely to cause environmental pollution;
(ix) carrying out and sponsoring investigations and research relating to
problems of environmental pollution.
(x) inspection of any premises, plant, equipment, machinery,
manufacturing or other processes, materials or substances and giving,
by order, of such directions to such authorities, officers or persons as
it may consider necessary to take steps for the prevention, control
and abatement of environmental pollution.

13. (xi) establishment or recognition of environmental laboratories and
institutes to carry out the functions entrusted to such environmental
laboratories and institutes under this Act;
(xii) collection and dissemination of information in respect of matters
relating to environmental pollution;
(xiii) preparation of manuals, codes or guides relating to the prevention,
control and abatement of environmental pollution;
(xiv) such other matters as the Central Government deems necessary or
expedient for the purpose of securing the effective implementation
of the provisions of this Act.

14.  The Central Government may constitute an authority or authorities by
such name or names as may be specified in the order for the purpose of
exercising and performing such of the powers and functions of the Central
Government under this Act and for taking measures with respect to such of
the matters referred to in sub-section (2) as may be mentioned in the
order.
 Such authority or authorities may exercise and powers or perform the
functions or take the measures so mentioned in the order as if such
authority or authorities had been empowered by this Act to exercise those
powers or perform those functions or take such measures.
POWER OF CENTRAL GOVERNMENT TO TAKE MEASURES
TO PROTECT AND IMPROVE ENVIRONMENT:

15.  (1) Without prejudice to the provisions of sub-section (3) of section 3, the
Central Government may appoint officers with such designation as it thinks fit
for the purposes of this Act and may entrust to them such of the powers and
functions under this Act as it may deem fit.
 (2) The officers appointed under sub-section (1) shall be subject to the general
control and direction of the Central Government or, if so directed by that
Government, also of the authority or authorities, if any, constituted under sub-
section (3) of section 3 or of any other authority or officer.
APPOINTMENT OF OFFICERS AND THEIR POWERS AND
FUNCTIONS:
 Notwithstanding anything contained in any other law but subject to the
provisions of this Act, the Central Government may, in the exercise of its
powers and performance of its functions under this Act, issue directions in
writing to any person, officer or any authority and such person, officer or
authority shall be bound to comply with such directions.
(a) the closure, prohibition or regulation of any industry, operation or process; or
(b) stoppage or regulation of the supply of electricity or water or any other
service.
POWER TO GIVE DIRECTIONS

16.  (1) The Central Government may, by notification in the Official Gazette,
make rules in respect of all or any of the matters referred to in section 3.
 (2) In particular, and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters,
namely:--
 (a) the standards of quality of air, water or soil for various areas and
purposes;
 (b) the maximum allowable limits of concentration of various
environmental pollutants (including noise) for different areas;
 (c) the procedures and safeguards for the handling of hazardous
substances;
 (d) the prohibition and restrictions on the handling of hazardous
substances in different areas;
 (e) the prohibition and restriction on the location of industries and the
carrying on process and operations in different areas;
 (f) the procedures and safeguards for the prevention of accidents which
may cause environmental pollution and for providing for remedial
RULES TO REGULATE ENVIRONMENTAL POLLUTION:

17.  7. PERSONS CARRYING ON INDUSTRY OPERATION, ETC., NOT TO ALLOW
EMISSION OR DISCHARGE OF ENVIRONMENTAL POLLUTANTS IN EXCESS
OF THE STANDARDS
 No person carrying on any industry, operation or process shall discharge or
emit or permit to be discharged or emitted any environmental pollutants
in excess of such standards as may be prescribed.
 8. PERSONS HANDLING HAZARDOUS SUBSTANCES TO COMPLY WITH
PROCEDURAL SAFEGUARDS
 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.

18.  1. Short title, extent, commencement and application
 2. Definitions
 3. Act not in derogation of any other law
 4. The Central Consumer Protection Council
 5. Procedure for meetings of the Central Council
 6. Objects of the Central Council
 7. The State Consumer Protection Councils
 8. Objects of the State Council
 9. The District Consumer Protection Council
 10. Objects of the District Council.
 11. Establishment of Consumer Disputes Redressal Agencies .
 12. Composition of the District Forum
 13. Jurisdiction of the District Forum
 14. Manner in which complaint shall be made
 15. Procedure on receipt of complaint
 16. Finding of the District Forum
 17. Jurisdiction of the State Commission
 18. Procedure applicable to State Commissions,
 18A Vacancy in the office of the President

19.  19. Appeals
 20. Composition of the National Commission
 21. Jurisdiction of the National Commission
 22. Power of and procedure applicable to the National Commission
 23. Appeal
 24 Finality of orders
 24A. Limitation Period
 24B. Administrative control
 25. Enforcement of orders by the Forum, the State Commission or the National
Commission
 26. Dismissal of frivolous or vexatious complaints
 27. Penalties
 28. Protection of action taken in good faith
 29. Power to remove difficulties
 29A. Vacancies or defects in appointment not to invalidate orders.
 30. Power to make rules
 31. Laying of rules