M.Tech Environmental


Home
Faculty
Courses offered
Student Achievements
Teaching Assistant
Laboratory
Activities and Events
Placements
Photos
Rules and Acts


Environmental Acts and Rules

AGENCIES FOR MAKING ENVIRONMENT LAWS AND THEIR ENFORCEMENT IN INDIA:-

In 1972, a National Council of Environment Planning and Co-ordination was set-up at the Department of Science and Technology.  Another committee was set-up in 1980 for reviewing the existing legislations and administrative machinery for environmental protection and for recommending ideas to strengthen the existing laws and environmental agencies in India.  In 1980, a separate Department of Environment was set-up which was upgraded to full-fledged Ministry of Environment and Forests in 1985.

Ministry of Environment and Forests (MoEF) of Government of India serves as the nodal agency for the planning, promotion,, making of environment laws and their enforcement in India.  Following are the other important agencies which help the MoEF in carrying out environment related activities:

  • Central Pollution Control Board
  • State Pollution Control Boards
  • State Departments of Environment
  • Union Territories (UT) Environmental Committees
  • The Forest Survey of India
  • The Wildlife Institute of India
  • The National Afforestation and Eco-development Board
  • The Botanical and Zoological Survey of India, etc.

 ENVIRONMENTAL LAWS AND RULES:-

Major Environmental laws dealing with protection of environment can be divided into following categories:

  1. Water pollution
  2. Air pollution
  3. Environment protection
  4. Public liability insurance
  5. National environment appellate authority
  6. National environment tribunal
  7. Animal welfare
  8. Wildlife
  9. Forest conservation
  10. Biodiversity
  11. Indian forest service

DUTIES OF INDIAN CITIZEN:

Legislations alone are not the remedy for environmental management, it is the responsibility of all the citizens to strive to protect the environment for the present and future generations since it is the fundamental duty of citizens to protect and conserve the environment as enshrined in our Constitution.  Virtually, environmental legislation is essentially a social legislation since environmental degradation affects all of us.  The criminal nature of pollution offences have to be viewed seriously.  Environmental legislation provides the framework for punitive action against the offenders.

Conservation, recycle, and reuse are the current trends observed in the control of environmental pollution.  Even though there may be law regarding these aspects scattered in different Acts of Indian legislation, there is a need for comprehensive Resource Conservation and Recovery Act today.  It is not always necessary that Environmental degradation or danger should occur to implement the law.  One should always take steps before such happenings.  The problem of environmental degradation is a complex one which requires multidimensional approach.  There is dearth of environmental protection laws, but we need a firm hand to implement them.  Environmental education can play an important role in negating the adverse impacts of pollution.

MAJOR ENVIRONMENTAL LAWS:-

1. THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT,  1974:

  • This act provides for the prevention and control of water pollution and the maintenance or restoration of wholesomeness of water.
  • As such, all human activities having a bearing on water quality are covered under this Act.
  • Subject to the provisions in the Act, no person without the pervious consent of the State Pollution Control Board (SPCB) can establish any industry, operation or any treatment and disposal system or an extension or addition there to which is likely to discharge sewage or trade effluent into a system or well sewer or on hand and have to apply to the SPCB concerned to obtain the ‘consent to establish’ as well as the ‘consent to operate’ the industry after establishment.

2. THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981:

  • The objective of the Air Act 1981 is to prevent, control and reduce air pollution including noise pollution.
  • Under provisions of this Act, no person shall, without previous consent of the SPCB, establish or operate any industrial plant in air pollution control area the investor has to apply to the SPCB/Pollution Control Committee (PCB) to consent.
  • No person operating any industrial plant shall emit air pollution in excess of the standards laid down by the SPCB and have of comply with the stipulated conditions.

3. THE ENVIRONMENT (PROTECTION) ACT, 1986:

  • This is an umbrella Act for the protection and improvement of environment and for matters connected, which provides that no person carrying on any industry, operation or process should discharge or emit or permit to discharged or emitted any environmental pollutant in excess of such standards as may be prescribed.
  • Several rules relative to various aspects of management of hazardous chemicals, wastes, etc. have been notified.  Under this Act, Central Govt. has rusticated, prohibited location of industries in different areas so as to safeguard the environment.
  • Many standards for air emissions, discharge of effluent and noise have been evolved and notified.
  • Subject to the provision of this Act, Central Govt. has the power to take all measures as it deemed necessary for the purpose of protection and improving the environment.
  • Procedures, safeguards, prohibition and restriction on the handling of hazardous substances along with the prohibition and restriction on the location of industries in different areas have notified.

4. THE NATIONAL ENVIRONMENT TRIBUNAL ACT, 1995:

  • The National Environment Tribunal Act, 1995 is enacted to provide for strict liability for damages arising out of indents occurring during handling of hazardous substances and for establishment of National Environment Tribunal effective and expunction disposal of cases arising from such accidents, with a view to giving relief and compensation damages to person, and the environment.

5. THE BIOMEDICAL WASTES (MANAGEMENT AND HANDLING) RULES, 1998:

  • The Biomedical Waste (Management and Handling) Rules, 1998 regulates the disposal of biomedical wastes including anatomical waste, blood, body fluids medicines, glass wares and animals wastes by the health care institution (i.e. nursing homes, clinics, dispensaries, veterinary institutions, animal houses pathological laboratories and banks etc. in the cities having population more than 30 Lakh or all the hospitals with bed strength more than 500.
  • They are required to install and commission requisite facilities like incinerators, autoclaves, microwave system etc. the treatment of biomedical waste.
  • All the persons handling such sides are required to obtain permission from the Appropriate Authority.

6. MUNCIPAL WASTES (PROCESS AND DISPOSAL) DRAFT RULES, 1999:

  • Under these rules, municipal authority is made responsible for implementation of the provisions of these rules and for any in structural development for collection, storage, segregation transportation, processing and disposal of MSW and to comply with these rules.
  • Annual report it to be submitted by Municipal authority in From-I to District Magistrate/Deputy Commissioner who shall have the power to enforce these rules.  We shall be managed as per Schedule-II.
  • Disposal of MSW shall be through landfill as per specifications and standards laid down in schedule-III.
  • The standards for compost and disposal of treated leachate shall be followed by Municipal Authorities as per Schedule-IV.