ENVIRONMENTAL STUDIES

REPORT ON: ENVIRONMENTAL LAWS

Name: Girish N.Panchal

Class: TE-EXTC
Roll NO: 34

DEPARTMENT OF ELECTRONICS & TELECOMMUNICATION

LOKMANYA TILAK COLLEGE OF ENGINEERING,
NAVI MUMBAI
UNIVERSITY OF MUMBAI
2009-2010
Contents

Sr No. PAGE TITLE PAGE no

1 Introduction 3
2 General Laws 4-12
1986 - The Environment (Protection) Act
1989 - The objective of Hazardous Waste Rules
1989 - The Manufacture, Storage, and Import of Hazardous Rules
1991 - The Public Liability Insurance Act and Rules
1995 - The National Environmental Tribunal Act
1998 - The Biomedical waste (Management and Handling) Rules
1999 - Siting for Industrial Projects Rules
2000 - The Ozone Depleting Substances
2001 - The Batteries (Management and Handling)
2002 - The Noise Pollution
2002 - The Biological Diversity Act

3 Forest and wildlife Laws 13-16

1927 - The Indian Forest Act and Amendment, 1984
1972 - The Wildlife Protection Act, Rules 1973 and Amendment 1991
1980 - The Forest (Conservation) Act and Rules, 1981
4 Water 17
1882 - The Easement Act
1897 - The Indian Fisheries Act
1956 - The River Boards Act
1970 - The Merchant Shipping Act
1974 - The Water (Prevention and Control of Pollution) Act
1991 - The Coastal Regulation Zone Notification

5 Air 18-19
1948 – The Factories Act and Amendment in 1987
1981 - The Air (Prevention and Control of Pollution) Act
1982 - The Air (Prevention and Control of Pollution) Rules
1982 - The Atomic Energy Act
1987 - The Air (Prevention and Control of Pollution) Amendment Act
1988 - The Motor Vehicles Act

6 Bibliography 20

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Environmental Law is a body of
law, which is a system of complex
and interlocking statutes, common
law, treaties, conventions,
regulations and policies which seek
to protect the natural environment
which may be affected, impacted or
endangered by human activities.

Other areas related to Environmental

are Agricultural Law, Animal Law,
Energy, Equine Law, Forestry and Fisheries, Natural Resources, and Oil and Gas
Law.

In the Constitution of India it is clearly stated that it is the duty of the state to
‘protect and improve the environment and to safeguard the forests and wildlife of
the country’. It imposes a duty on every citizen ‘to protect and improve the
natural environment including forests, lakes, rivers, and wildlife’. Reference to the
environment has also been made in the Directive Principles of State Policy as well
as the Fundamental Rights. The Department of Environment was established in
India in 1980 to ensure a healthy environment for the country. This later became
the Ministry of Environment and Forests in 1985.

The constitutional provisions are backed by a number of laws – acts, rules, and
notifications. The EPA (Environment Protection Act), 1986 came into force soon
after the Bhopal Gas Tragedy and is considered an umbrella legislation as it fills
many gaps in the existing laws. Thereafter a large number of laws came into
existence as the problems began arising, for example, Handling and Management
of Hazardous Waste Rules in 1989.

Following is a list of the environmental legislations that have come into effect:
General
Forest and wildlife
Water
Air

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General
1986 - The Environment (Protection) Act authorizes the central
government to protect and improve environmental quality, control and reduce
pollution from all sources, and prohibit or restrict the setting and /or operation of
any industrial facility on environmental grounds

(i) "Standards' means standards prescribed under these rules;

(j) "State Board" means a State Pollution Control Board constituted under
section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of
1974) or a State Pollution Control Board constituted under section 5 of the
Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981);

3. Standards for emissions or discharge of environmental pollutants

(1) For the purpose of protecting and improving the quality of the environment
and preventing and abating environmental pollution, the standards for emission
or discharge of environmental pollutants from the industries, operations or
processes shall be as specified in 2[Schedule I to IV].

(2) Notwithstanding anything contained in sub-rule (1),the Central Board or a

State Board may specify more stringent standards from those provided in
Schedule I to IV] in respect of any specific industry, operation or process
depending upon the quality of the recipient system and after recording reasons
therefore in writing.

(3) The standards for emission or discharge of environmental pollutants specified

under sub-rule (1) or sub-rule (2) shall be complied with by an industry, operation
or process within a period of one year of being so specified.

(i) Notwithstanding anything contained in sub-rules (1) and (2), on and from
the 1st day of January, 1994, emission or discharge of environmental
pollutants from the 6[industries, operations or processes other than those
industries, operations or processes for which standards have been specified
in Schedule-I] shall not exceed the relevant parameters and standards
specified in schedule VI.

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 Provided that the State Boards may specify more stringent standards for
the relevant parameters with respect to specific industry or locations after
recording reasons therefore in writing;

(ii) The State Board shall while enforcing the standards specified in
Schedule VI follow the guidelines specified in Annexure I and II in that
Schedule].

The combined effect of emission or discharge of environmental pollutants in an

area, from industries, operations, process, automobiles and domestic sources,
shall not be permitted to exceed the relevant concentration in ambient air as
specified against each pollutant in columns (3) to (5) of Schedule VII.]

(4) Notwithstanding anything contained in sub-rule (3)-

(a) the Central Board or a State Board, depending on the local conditions or
nature of discharge of environmental pollutants, may, by order, specify a
lesser period than a period specified under sub-rule (3) within which the
compliance of standards shall be made by an industry, operation or process

(b) the Central Government in respect of any specific industry, operation or

process, by order, may specify any period other than a period specified
under sub-rule (3) within which the compliance of standards shall be made
by such industry, operation or process.

(5) Notwithstanding anything contained in sub-rule (3) the standards for emission
or discharge of environmental pollutants specified under sub-rule (I) or sub-rule
(2) in respect of an industry, operation or process before the commencement of
the Environment (Protection) Amendment Rules, 1991, shall be complied by such
industry, operation or process by the 31st day of December 1991.

[(6) Notwithstanding anything contained in sub-rule (3), an industry, operation or

process which has commenced production on or before 16th May, 1981 and has
shown adequate proof of at least commencement of physical work for
establishment of facilities to meet the specified standards within a time-bound
programme, to the satisfaction of the concerned State Pollution Control Board,
shall comply with such standards latest by the 31 st day of December, 1993.

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(7) Notwithstanding anything contained in sub-rule (3) or sub-rule (6) an industry,
operation or process which has commenced production after the 16th day of
May, 1981 but before the 31st day of December 1991 and has shown adequate
proof of at least commencement of physical work for establishment of facilities to
meet the specified standards within a time-bound programme, to the satisfaction
of the concerned State Pollution Control Board, shall comply with such standards
latest by the 31st day of December, 1992.]

1989 - The objective of Hazardous Waste (Management and Handling) Rules is

to control the generation, collection, treatment, import, storage, and handling of
hazardous waste.

Responsibility of the occupier for handling of wastes

1. The occupier generating hazardous wastes listed in column(2) of the

Schedule in quantities equal to or exceeding the limits given in column(3) of
the said Schedule, shall take all practical steps to ensure that such wastes
are properly handled and disposed of without any adverse effects which
may result from such wastes and the occupier shall also be responsible for
proper collection, reception, treatment, storage and disposal of these
wastes either himself or through the operator of a facility.
2. The occupier or any other person acting on his behalf who intends to get
his hazardous waste treated by the operator of a facility under sub-rule (1)
shall give to the operator of a facility, such information as may be specified
by the State Pollution Control Board.

Grant of authorization for handling hazardous wastes

1. Hazardous wastes shall be collected, treated, stored and disposed of only in

such facilities as may be authorised for this purpose.
2. Every occupier generating hazardous wastes and having a facility for
collection, reception, treatment, transport storage and disposal of such
wastes shall make an application in Form 1 to the State Pollution Control
Board for the grant of authorisation for any of the above activities :

Provided that the occupier not having a facility for the collection, reception,
treatment, transport, storage and disposal of hazardous wastes shall make
an applicaton to the State Pollution Control Board in Form 1 for the grant of

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 authorisation within a period of six months from the date of
commencement of these rules.

3. Any person who intends to be an operator of a facility for the collection,

reception, treatment, transport, storage and disposal of hazardous wastes,
shall make an application in Form 1 to the State Pollution Control Board for
the grant of authorisation for any of the above activities.

Provided that the operator engaged in the business of the collection,

reception, treatment, transport, storage and disposal of hazardous wastes
shall make an application to the State Polution control Board in Form 1 for
the grant of authorisation within a period of six months from the date of
commencement of these rules. .

Power to suspend or cancel an authorization

1. The State Pollution Control Board may cancel an authorisation issued under
these rules or suspend it for such period as it thinks fit, if in its opinion, the
authorised person has failed to comply with any of the conditions of the
authorisation or with any provisions of the Act or these rules, after giving
the authorised person an opportunituy to show cause and after recording
reasons therefor.

Packaging,labelling and transport of hazardous wastes

1. Before hazardous wastes is delivered at the hazardous waste site, the

occupier or operator of a facility shall ensure that the hazardous wastes is
packaged in a manner suitable for storage and transport and the labelling
and packaging shall be easily visible and be able to withstand physical
conditions and climate factors.
2. Packaging, labelling and transport of hazardous wastes shall be in
accordance with the provisions of the rules issued by the Central
Government under the Motor Vehicles Act, 1988 and other guidelines
issued from time to time.

1991 - The Public Liability Insurance Act and Rules and Amendment, 1992 was
drawn up to provide for public liability insurance for the purpose of providing

7
immediate relief to the persons affected by accident while handling any
hazardous substance

1. (1) This Act may be called the Public Liability Insurance Act, 1991.

(2) It shall come into force on such date as the Central Government may, b)
notification, appoint.

(ii) in the case of an association, any of its members; and

(iii) in the case or a company, any of its directors, managers, secretaries or

other officers who is directly in charge of, and is responsible to the
company for the conduct of the business of the company;]

(h) "prescribed" means prescribed by rules made under this Act;

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[(ha) "Relief Fund" means the Environmental Relief Fund establishment
under section 7A ‘]

(i) "rules" means rules made under this Act;

(ii) "vehicle" means any mode of surface transport other than railways.

3. (1) 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 Schedule for such death, injury or damage.

(2) In any claim for relief under sub-section (I) (hereinafter referred to in this Act
as claim for relief), the claimant shall not be required to plead and establish that
the death, injury or damage in respect of which the claim has been made was due
to any wrongful act, neglect or default of any person.

Explanation.-For the purpose of this section,-

(i) "workman" has the meaning assigned to it in the Workmen’s Compensation

Act, 1923 (8 of 1923);

(ii) "injury" includes permanent total or permanent partial disability or sickness

resulting out of an accident.

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4. (1) Every owner shall take out, before he starts handling any hazardous
substance, one or more insurance policies providing for contracts of insurance
thereby he is insured against liability to give relief under sub-section (1) of section
3;

No insurance policy taken out by an owner shall be for a amount less than the
amount of the paid-up capital of the under taking handling any hazardous
substance and owned or controlled by that owner and more than the amount, not
exceeding fifty crore rupees, as may be prescribed.

Explanation.- "Paid-up capital" in this sub-section means, in the case of an owner

not being a company, the market value of all assets and stocks of the undertaking
on the date of contracts of insurance.

(2B) The liability of the insurer under one insurance policy shall not exceed the
amount specified in the terms of the contract of insurance in that insurance
policy.

(2C) Every owner shall also, together with the amount of premium, pay to the
insurer, for being credited to the Relief Fund established under section 7A, such
further amount, not exceeding the amount of premium, as may be prescribed.

(3)The Central Government may, by notification, exempt from the operation of

sub-section (1) any owner, namely:-

(a) the Central Government;

(b) any State Government,

(c) any corporation owned or controlled by the Central Government or a

State Government; or

(d) any local authority:

Provided that no such order shall be made in relation to such owner unless
a fund has been established and is maintained by that owner in accordance
with the rules made in this behalf for meeting any liability under sub-
section (I) of section 3.

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5. 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 cause publicity to be given in such manner as he deems fit for inviting
applications under sub-section (1) of section 6

6. (1) An application for claim {or relief may be made-

a) by the person who has sustained thc injury;

(b) by the owner of the property to which thc damage has been caused;

(c) where death has resulted from the accident, by all or any of the legal
representatives of thc deceased; or

(d) by any agent duly authorised by such person or owner of such property or all
or any Of the legal representatives of the deceased, as the case may be:

Provided that where all thc legal representatives of the deceased have not joined
in any such application for relief, the application shall be made on behalf of or for
the benefit of all the legal representatives of the deceased and the legal
representatives who have not so joined shall be impleaded as respondents to the
application.

(2) The Collector shall arrange to deliver copies of the award to the parties
concerned expenditiously and in any case within a period of fifteen days from the
date of thc award.

When an award is made under this section,-

(a) the insurer, who is required to pay any amount in terms of such award
and to the extend specified in sub-section (2B) of section 4, shall, within a
period of thirty days of the date of announcement of the award, deposit
that amount in such manner as the Collector may direct;

(b) the Collector shall arrange to pay from the Relief Fund, in terms of such
award and in accordance with the scheme made under section 7A, to the
person or persons referred to in sub-section (I) such amount in such
manner as may be specified in that scheme;

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1995 - The National Environmental Tribunal Act has been created to award
compensation for damages to persons, property, and the environment arising
from any activity involving hazardous substances.

1997 - The National Environment Appellate Authority Act has been created to
hear appeals with respect to restrictions of areas in which classes of industries
etc. are carried out or prescribed subject to certain safeguards under the EPA.

1998 - The Biomedical waste (Management and Handling) Rules is a legal binding
on the health care institutions to streamline the process of proper handling of
hospital waste such as segregation, disposal, collection, and treatment.

1999 - The Environment (Siting for Industrial Projects) Rules, 1999 lay down
detailed provisions relating to areas to be avoided for siting of industries,
precautionary measures to be taken for site selecting as also the aspects of
environmental protection which should have been incorporated during the
implementation of the industrial development projects.

1998 - The Biomedical waste (Management and Handling) Rules is a legal binding
on the health care institutions to streamline the process of proper handling of
hospital waste such as segregation, disposal, collection, and
treatment.Applicability:-Apply to all municipal authorities responsible for
collection, segregation, storage, transportation processing and disposal of
municipal solid wastes.

Responsibility of Municipal Authority:-

Every municipal authority shall, within the territorial area of the municipality, be
responsible for the implementation of the provisions of these rules, and for any
infrastructure development for collection, storage, segregation, transportation,
processing and disposal of municipal solid wastes.

the municipal authority or an operator of a facility shall make an application in

Form-I, for grant of authorisation for setting up waste processing and disposal
facility including landfills from the State Board or the Committee in order to
comply with the implementation programme laid down in Schedule-I.

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3. the municipal authority shall comply with these rules as per the
implementation schedule laid down in Schedule-I.
4. The municipal authority shall furnish its annual report in Form-II.
Management of Municipal Solid Wastes :- (1)

Any municipal solid waste generated in a city or a town, shall be managed and
handled in accordance with the compliance criteria and the procedure laid down
in Schedule-II

1999 - The Environment (Siting for Industrial Projects) Rules, 1999 lay down
detailed provisions relating to areas to be avoided for siting of industries,
precautionary measures to be taken for site selecting as also the aspects of
environmental protection which should have been incorporated during the
implementation of the industrial development projects.

2000 - The Municipal Solid Wastes (Management and Handling) Rules, 2000
apply to every municipal authority responsible for the collection, segregation,
storage, transportation, processing, and disposal of municipal solid wastes.

2000 - The Ozone Depleting Substances (Regulation and Control) Rules have
been laid down for the regulation of production and consumption of ozone
depleting substances.

2001 - The Batteries (Management and Handling) Rules, 2001 rules shall apply to
every manufacturer, importer, re-conditioner, assembler, dealer, auctioneer,
consumer, and bulk consumer involved in the manufacture, processing, sale,
purchase, and use of batteries or components so as to regulate and ensure the
environmentally safe disposal of used batteries.

2002 - The Noise Pollution (Regulation and Control) (Amendment) Rules lay
down
such terms and conditions as are necessary to reduce noise pollution, permit use
of loud speakers or public address systems during night hours (between 10:00
p.m. to 12:00 midnight) on or during any cultural or religious festive occasion

2002 - The Biological Diversity Act is an act to provide for the conservation of
biological diversity, sustainable use of its components, and fair and equitable

12
sharing of the benefits arising out of the use of biological resources and
knowledge associated with it

Forest and wildlife

1927 - The Indian Forest Act and Amendment, 1984, is one of the many surviving
colonial statutes. It was enacted to ‘consolidate the law related to forest, the
transit of forest produce, and the duty leviable on timber and other forest
produce’.

1972 - The Wildlife Protection Act, Rules 1973 and Amendment 1991 provides
for the protection of birds and animals and for all matters that are connected to it
whether it be their habitat or the waterhole or the forests that sustain them.
The Wildlife Protection Act, 1972, provides for protection to listed species
of flora and fauna and establishes a network of ecologically-important protected
areas. The Act consists of 60 Sections and VI Schedules- divided into Eight
Chapters. The Wildlife Protection Act, 1972 empowers the central and state
governments to declare any area a wildlife sanctuary, national park or closed
area. There is a blanket ban on carrying out any industrial activity inside these
protected areas. It provides for authorities to administer and implement the Act;
regulate the hunting of wild animals; protect specified plants, sanctuaries,
national parks and closed areas; restrict trade or commerce in wild animals or
animal articles; and miscellaneous matters. The Act prohibits hunting of animals
except with permission of authorized officer when an animal has become
dangerous to human life or property or as disabled or diseased as to be beyond
recovery.

The Act underwent many amendments. An amendment to the Act in 1982,

introduced provisions permitting the capture and transportation of wild animals
for the scientific management of animal population. An amendment in the year
1991 resulted in the insertion of the special chapters dealing with the protection
of specified plants and the regulation of zoos. This also recognized the needs of
tribal and forest dwellers and changes were introduced to advance their welfare.
The near-total prohibition on hunting was made more effective by the
Amendment Act of 1991
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Widespread changes have been made by the Wildlife (Protection) Amendment
Act, 2002 and a new chapter has been incorporated as Chapter VI-A to deal with
the forfeiture of property derived from illegal hunting and trade. Further, this
amendment Act also introduced the concept of co-operative management
through conservation reserve management committee and community reserve
committees.

With this introduction now let us discuss the Wildlife (Protection) Act, 1972 in a
detailed way.

1. Evolution and Development of the concept of Wildlife Protection in India

India is endowed with an immense variety of natural resources in its rich animal
and plant heritage. Wildlife is one of our basic and natural resources that satisfies
the needs or wants of civilization. Therefore, this resource must be conserved,
preserved and protected for the existence of mankind. Now let us see the
chronological development of wildlife protection in India in different periods.

1.1 Wildlife Protection in Ancient India

In ancient India the environmental protection was a moral duty which is imposed
on people by religious scriptures, seers, and other agencies. The scriptures of
Hindu religion emphasize the protection of the environment and the living
creatures. Some of the animals were considered as the vehicles of gods. Matsya
was considered as the go since it is the first living organism existed in earth. Cow
was considered as god. Certain birds and animals were considered as the vehicle
of gods. Certain trees like Banyan, Tulsi etc. were considered as the dwelling place
of the gods. Kautilya, one of the great political philosophers and the author of The
Arthasasthra, prohibited and prescribed penalties for the killing of animals,
cutting of trees and the excess exploitation of the natural resources. The great
Maurya king Ashoka banned the killing of wild animals, and later prohibited the
killing of certain species of animals.

In the words of St. Thukharam, animals and plants are the kin and kith of human
beings. These are some specimens to show the manner in which the ancient
Indians took care for the protection of wildlife. Though it was a moral duty in the
beginning later the kings started to impose it as a legal duty. In ancient India, as
the moral duty, the destruction of heritage and richness of environment and the
biodiversity was considered as an injury and insult to Gods. And now the wildlife
protection is a legal duty.

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1.2 Wildlife Protection in India during British period
In the pre-constitutional period, there were a few legislations which are enacted
to protect the wildlife from exploitation. The Cattle Trespass Act, 1871; The
Elephants Preservation Act, 1879; some sections of Indian Penal Code, 1860; wild
Birds and Animals Protection Act, 1912, The Indian Forest Act, 1927 are some pre-
constitutional enactments on wildlife protection.

The Elephants Preservation Act prohibited killing, injuring or capturing, or any

attempt at the same, unless it is in self-defense, permitted by a license, or when
the elephant is found damaging house or cultivation, or immediate vicinity of
public road, railway or canal. The Indian Penal Code, 1860, though it has no
specific provision relating to wildlife, but it defines the term animal in Section 47
and declares maiming, killing of animals as an offence and punishable under
Sections 428 and 429.

The Indian Forest Act, 1927 also included certain provisions for restricting hunting
in reserved and protected forests and other authorized establishments or
Sanctuaries. Under this Act, hunting, shooting, fishing, poisoning water or setting
traps, etc. is an offence. These are the some of the wildlife protection legislations
enacted in the British period.

1.3 Wildlife Protection in India after Independence

The Post- independence era witnessed a lot of changes in the policies and
attitudes of the Governments with respect to environmental protection. There
were many enactments to protect the Forest, Environment, Water, Air and Bio-
Diversity. All these Acts are directly or indirectly give provisions to the protection
of the wildlife. But let me specifically emphasis on Wildlife protection, since my
topic is wildlife protection.

The Indian Constitution gives ample provisions to protect the wildlife in its
territory. Though there are many implied provisions on wildlife protection in the
constitution like Art.21,Union , State and Concurrent list, the main Articles which
specifically protects the wildlife are Art.48-A and Art. 51-A(g). Art. 48-A says that
the state shall endeavour to protect and improve the environment and to
safeguard the forest and wildlife of the country. Art. 51A (g) imposes fundamental
duty on the every citizen of India to protect and improve the environment and
have compassion for living creatures.

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2. Territorial Jurisdiction of Wildlife (Protection) Act, 1972
Wildlife (Protection) Act, 1972 has been accepted and adopted by all the states
except Jammu and Kashmir. This is the first comprehensive legislation relating to
protection of wild life was passed by the Parliament and it was assented by the
President on 9th September, 1972 and came to be known as The Wild Life
(Protection) Act, 1972 (53 of 1972).

3. Definition of Wildlife
The Section 2(37) of the Act defines wildlife as wildlife includes any animal, bees
butterflies, crustacean, fish and moths; and aquatic or land vegetation which
forms part of any habitat. So the meaning of the wildlife in this Act is very wide
and inclusive of all kinds of flora and fauna.

4. Authorities Constituted Under Wildlife (Protection) Act

As per the Sec. 3 of the Act, the Central Government may appoint a Director of
Wildlife Preservation, Assistant Directors of Wildlife Preservation and such other
officers and employees as may be necessary. As per the Sec. 4, the State
Government may, for the purpose of this Act, appoint Chief Wildlife Warden,
Wildlife Warden, Honorary Wildlife Wardens and other officers and employees as
may be necessary. As per Sec. 6, the State Governments and the Administrators in
Union Territories shall constitute a Wildlife Advisory Board.

5. The Wildlife Advisory Board (Sec. 6)

The Sec. 6 of this Act enforces and enables the state governments and the
administrators of the Union Territories to constitute a Wildlife Advisory Board in
each states and union territories. In WWF v. Union of India, Supreme Court
directed the states which didn't�t constitute the Wildlife Advisory Board, to
constitute within 2 months.

1980 - The Forest (Conservation) Act and Rules, 1981, provides for the protection
of and the conservation of the forests.

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Water
1882 - The Easement Act allows private rights to use a resource that is,
groundwater, by viewing it as an attachment to the land. It also states that all
surface water belongs to the state and is a state property.

1897 - The Indian Fisheries Act establishes two sets of penal offences whereby
the government can sue any person who uses dynamite or other explosive
substance in any way (whether coastal or inland) with intent to catch or destroy
any fish or poisonous fish in order to kill.

1956 - The River Boards Act enables the states to enroll the central government
in setting up an Advisory River Board to resolve issues in inter-state cooperation.

1970 - The Merchant Shipping Act aims to deal with waste arising from ships
along the coastal areas within a specified radius.

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

institutional structure for preventing and abating water pollution. It establishes
standards for water quality and effluent. Polluting industries must seek
permission to discharge waste into effluent bodies.
The CPCB (Central Pollution Control Board) was constituted under this act.

1977 - The Water (Prevention and Control of Pollution) Cess Act provides for the
levy and collection of cess or fees on water consuming industries and local
authorities.

1978 - The Water (Prevention and Control of Pollution) Cess Rules contains the
standard definitions and indicate the kind of and location of meters that every
consumer of water is required to affix.

1991 - The Coastal Regulation Zone Notification puts regulations on various

activities, including construction, are regulated. It gives some protection to the
backwaters and estuaries.

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Air

1948 – The Factories Act and Amendment in 1987 was the first to express
concern for the working environment of the workers. The amendment of 1987
has sharpened its environmental focus and expanded its application to hazardous
processes.

1981 - The Air (Prevention and Control of Pollution) Act provides for the control
and abatement of air pollution. It entrusts the power of enforcing this act to the
CPCB .

1982 - The Air (Prevention and Control of Pollution) Rules defines the procedures
of the meetings of the Boards and the powers entrusted to them.

1982 - The Atomic Energy Act deals with the radioactive waste.

1987 - The Air (Prevention and Control of Pollution) Amendment Act empowers
the central and state pollution control boards to meet with grave emergencies of
air pollution.

1988 - The Motor Vehicles Act states that all hazardous waste is to be properly
packaged, labelled, and transported.

  "contract carriage" means a motor vehicle which carries a passenger or

passenger or passengers for hire or reward and is engaged under a
contract, whether expressed or implied, for the use of such vehicle as a
whole for the carriage of passengers mentioned therein and entered
into by a person with a holder of a permit in relation to such vehicle or
any person authorised by him in this behalf on a fixed or an agreed rate
or sum –
(a) on a time basis, whether or not with reference to any route or
   
distance; or
(b) from one point to another, and in either case, without stopping
    to pick up or set down passengers not included in the contract
anywhere during the journey, and includes –
      (i) a maxicab; and
      (ii) a motor cab notwithstanding that separate fares are
charged for its passengers;

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     (a) in the manufacture of motor vehicles; or
    (b) in building bodies for attachment to chassis; or
    (c) in the repair of motor vehicles; or
(d) in the business of hypothecation, leasing or hire-purchase of
   
motor vehicle;
  "driver" includes, in relation to a motor vehicle which is drawn by
another motor vehicle, the person who acts as a steersman of the drawn
vehicle;
  "driving licence" means the licence issued by a competent authority
under Chapter II authorising the person specified therein to drive,
otherwise than as a learner, a motor vehicle or a motor vehicle of any
specified class or description;
  "educational institution bus" means an omnibus, which is owned by a
college, school or other educational institution and used solely for the
purpose of transporting students or staff of the educational institution in
connection with any of its activities;
  "fares" includes sums payable for a season ticket or in respect of the
hire of a contract carriage;
  "goods" includes live-stock, and anything (other than equipment
ordinarily used with the vehicle) carried by a vehicle except living
persons, but does not include luggage or personal effects carried in a
motor car or in a trailer attached to a motor car or the personal luggage
of passengers travelling in the vehicle;
  "goods carriage" means any motor vehicle constructed or adapted for
use solely for the carriage of goods, or any motor vehicle not so
constructed or adapted when used for the carriage of goods;

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Bibliography
WEBSITS:
www.legalserviceindia.com
http://edugreen.teri.res.in/explore/laws.htm
http://www.lawvianet.com/lawsregs.html
http://www.envfor.nic.in/legis/env/env4.html
BOOKS:

Environmental Law in India by P. Leelakrishnan

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