Beruflich Dokumente
Kultur Dokumente
K.V. Singh & Shephali M. Birdi Kochhar & Co. October 20, 2009 Environment Law Institute, Washington DC, USA Kochhar & Co.
Directive Principles of the State Policy State shall endeavor to protect and improve environment and to safeguard the forests and wildlife of the country. (Article 48A)
Fundamental Duties of Citizens To protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures. (Article 51 A (g))
Legislative Powers
of
Right
to
Life
to
include
Right
to
Forests
Biodiversity
1. The National Environment Tribunal Act, 1995 2. National Environment Appellate Authority Act, 1997
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Declaration of ecologically fragile and historically significant areas as No-development zones, such as, Murud-Janjira, Raigadh District in Maharashtra, Taj Trepezium near Taj Mahal, etc. Hazardous Waste (Management, Handling Transboundary Movement) Rules, 2008 and
Waste Management
Bio-Medical Waste (Management & Handling) Rules, 1998 Municipal Solid Wastes (Management & Handling Rules)
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Manufacture, Storage, and Import of Hazardous Chemical Rules, 1989 Ozone Depleting Substances (Regulation and Control) Rules, 2000 The Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996 Rules for the Manufacture, Use, Import, Export and Storage of Hazardous micro-organisms Genetically engineered organisms or cells, 1989
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Others
Batteries (Management and Handling) Rules, 2001 The Recycled Plastics Manufacture and Usage Rules, 1999
Eco-marks Scheme
Scheme on Labeling of Environment Friendly Products (ECOMARK), 1991 The criteria for labeling Cosmetics as Environment Friendly Products, 1992
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Water Pollution
The Water (Prevention and Control of Pollution) Act, 1974 & Rules: Prevention and control of water pollution. Establishment of boards / authorities at Central and State level, i.e., Central Pollution Control Board (CPCB), and State Pollution Control Boards (SPCBs) / Pollution Control Committees (PCCs). Mandates prior approval of SPCB / PCC for operating establishing and expanding industrial activities leading to discharge of industrial effluents.
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Empowers SPCB / PCC to take samples of industrial effluents and analysis of same.
Air Pollution
Air (Prevention and Control of Pollution) Act 1981 Prevention, control and abetment of air pollution. Empowers CPCB/ SPCBs/ PCCs to take appropriate actions in this regard. Declaration of certain areas as air pollution control areas.
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Prior approval of SPCB / PCC required for operating establishing, operating and expanding industrial activities in air pollution control areas leading to discharge of emissions and pollutants in the air. Provisions relating to entry and inspection. Powers to take samples of ambient air, stack emissions, etc. Criminal Liabilities.
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Forest Laws
Indian Forest Act, 1927 Classification of forests into reserved, protected and village forests; Restricts, regulates and prohibit commercial and other activities in various forests classes. Reserved forests, being the most protected category; Forests management vested primarily with the Government.
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Government empowered to impose duty on timber and forests-produce; Regulation of transit of forest produce permit regime; Regulation of manufacture of articles based on forest produce; Criminal Liabilities.
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Biodiversity Laws
Biological Diversity Act, 2002 (BD Act) Enacted in pursuance of United Nations Convention on Biological Diversity, 1992. Provides for conservation of biological diversity and sustainable use of its components. Mandates fair and equitable sharing of benefits arising out of the use of biological resources and knowledge.
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BD Act
Indias response to cases of bio-piracy. Restrictions on use of biological resources not only by foreign nationals and entities but also on Indian entities having any non Indian participation in their share capital or management. Restrictions on obtaining IPR for an invention based on research or information on a biological resource obtained from India. Prior approval of National Biodiversity Authority is required.
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Doing Business in India- Implications of Environmental Laws (Setting up a Pharmaceuticals Manufacturing Facility)
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