Legal and

Regulatory
Mechanisms
in India

Moral Guidelines in the Ancient scripteurs

Under the Hindu culture moral injunctions acted as guidelines towards
environmental preservation and conservation:

(to be touched as brief as possible)

Manusmriti
Arthashastra
Mughal Era
British Era

Policy and Laws After Independence (Pre 70)

List of individual laws (just the names)
Responsible individual ministries

Post 70 till 2006

After 1970, comprehensive (special) environmental laws were enacted by the
Central Government in India

Stockholm Declaration of 1972 which turned the attention of the Indian

Government to the boarder perspective of environmental protection.
NCEPC

NEAA
NCS

List of Laws Bhat mentioned, before 2006 amendments

(prior to a unified National Policy)

Timelines: Events which shaped the future policies

policy makers felt the need for a comprehensive legal framework

The turning point: 84 Bhopal Gas Tragedy

Mast diagram & data ke sath ek dhansu wala slide,
Env mam loves this topic
Other landmark incidents, Tihri etc
Justify the need for a better policy framework

The Environment Protection Act, 1986

Definition of Environment
Broad Powers Given to Central Government

Violations and Penalties Under the Act

Citizens Suit Provisions
Environment (Protection) Rules, 1986

Environment Audit
Ecomark
Environment Impact Assessment (EIA)
Environmental Courts : [M.C. Mehta Vs. Union of India (Shriram Gas Leak
Case)

Other Historic Legal Judgments:

National Environment Appellate Authority Act, 1997
Precautionary and Polluter Pays Principle

National Environment Policy 2006

this comprehensive policy framework has been developed to complement the
legislative provisions.
Core Elements:
Unified Authority to a single ministry for clearances
Central- State Collaboration/ Jurisdiction issues cleared
Powers to state pollution boards
List of regulations covered, next page

Water & Air Acts

Year

Environmental Regulations

1974

Water (Prevention & Control of Pollution Act) Amendments, 1988

1975

The Water (Prevention & Control of Pollution) Rules

1977

The Water (Prevention & Control of Pollution) Cess Act

1978

The Water (Prevention & Control of Pollution) Cess Rules

1981

The Air (Prevention & Control of Pollution) Act, Amendments, 1987

1982/ 1983

The Air (Prevention & Control of Pollution) Rules

The Environment (Protection) Act: Amendments

Year

Environmental Regulations

1986
1986

The Environment (Protection) Act, Amendments

(1989,1990,1993,1996,1997,1998,1999,2000,2001)
The Environmental (Protection) Rules

1992

E (P) Act Notification Environment Statement

1994

E (P) Act Notification Environmental Clearance

1997

Amendments in the Environment Clearance, Notification Public Hearing made

mandatory
The Environment (Protection) Act, Amendments
(1989,1990,1993,1996,1997,1998,1999,2000,2001)

1986

Hazardous Wastes & Manufacturing Regulations

Year

Environmental Regulations

1989

1997

The Hazardous Wastes (Management and Handling) Rules, Amendments, 2000,

Draft Amendments 2002
Manufacture, Storage and Import of Hazardous Chemical Rules, Amendments,
1994, 2000
Prohibition on the Handling of Azo dyes

1999

Notification for making 100% Utilization of Fly-ash made mandatory

2000

Ozone Depleting Substance (R&C) Rules

1999

Regulation on recycling of Waste Oil and Non-ferrous scrape

2001

Batteries (M&H) Rules

1989

The Hazardous Wastes (Management and Handling) Rules, 1989

The occupier generating hazardous wastes shall take all practical steps to ensure proper handling and
disposal of hazardous wastes in environment friendly manner.
The occupier generating hazardous wastes, subject to the quantity specified in the schedule, shall apply to the
State Pollution Control Board for necessary authorisation.
The Authorisation, unless suspended or cancelled, shall remain in force for a period of two year from the date
of issue or from the date of renewal.
The authorised person shall maintain the record of returns and shall communicate it to the SPCB annually.
Accident occurred at the facility or on a hazardous wastes site shall be reported to the SPCB.
Import of hazardous wastes to be allowed only for processing or re-use as raw material.

Manufacture, Storage and Import of Hazardous Chemical Rules, 1989

This rule applies to an industrial activity in which a hazardous chemical is or may be involved
The occupier is required to inform to the authority of any major accident caused due to hazardous chemicals occurring on a site or in a
pipeline.
The occupier is required to submit a written safety report to the concerned authority.
The concerned authority shall undertake full analysis of the major accident and send the requisite information to the MoEF.
The occupier shall prepare and keep updated on site emergency plan detailing how major accident will be dealt in the industry on the site.
An off site emergency plan shall be prepared by the concerned authority to deal with the emergencies.
Authority at the state is to advice to the importer and the concerned port authority for regarding safety measures to be observed by them.
The importer shall maintain the records of hazardous chemicals.
The road transportation of hazardous chemicals should be in accordance in the Central Motor Vehicle Rules 1989.

Others

Prohibition on the Handling of Azo dyes, 1997

India has published legislation prohibiting the handling of a total of 112 azo and benzidine based dyes. In 1993,
the Government of India prohibited the handling of 42 benzidine-based dyes. The Ministry of Environment and
Forests further prohibited the handling of an additional 70 azo dyes in 1997

100% Utilization of Fly-ash , 1999

Use of fly ash, 100% utilization of Ash by all thermal power stations in - 15 years for existing stations - 9 years
for new stations
Use at least 25% Ash in Manufacturing of Clay Bricks or Tiles or Blocks within a radius of 50 km from Thermal
Power Station.
Power Plants to issue ash free of cost for ten years.

Amendments, 2003

Radius for Use of ash for Brick manufacturing increased from 50 km to 100 km
Buildings within a radius of 50 Km to use ash based Bricks / Blocks /Tiles in phased manner

Noise Control, Bio and Solid Waste Regulations

Year

Environmental Regulations

1998

The Bio-Medical Waste (M&H), Rules

2000

Municipal Solid Waste (M&H) Rules

2000

Noise Pollution (Regulations and Control)

Public Liability & Environment Tribunal Authorities:

Year

Environmental Regulations

1991

The Public Liability Insurance Act/Rules, 1992

1995

The National Environment Tribunal Act

1997

The National Environment Appellate Authority Act

Laws to protect Wildlife, Forest and Biodiversity

Find out about them yourself in details

A look at the past

How effective the laws have been
Achievements so far

At present, rankings on various pollution index

Ganga Cleaning Authorities- Slow progress on the policy front

Challenges Ahead:
A whole slide shared by Bhat

Indias Economic Growth

Impact Assessment and Planning (IAP)

Environmental Liability and Clean-up
Sustainability and Regulatory Compliance
Climate Change

India has carried out many Clean Development Mechanism projects under the Kyoto protocol,
but it is unclear what kind of a framework will exist after 2012.

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Group A

Group B

Class 1

82

95

Class 2

76

88

Class 3

84

90

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