Ifsd/3
The Access Initiative
A Guide to Indian Laws on Pollution Control & Access to
Information Participation and Justice in Environmental Matters
“Environmental issues are best handled with participation of all concerned citizens, at
the relevant level. At the national level, each individual shall have appropriate access to
information concerning the environment that is held by public authorities, including
information on hazardous materials and activities in their communities, and the
opportunity to participate in decision-making processes. States shall facilitate and
encourage public awareness and participation by making information widely available.
Effective access to judicial and administrative proceedings, including redress and
remedy, shall be provided”- Principle-10 of the Rio-Declaration (Earth Summit, 1992)
Randeep Singh Saini
Basudeo Prasad
Padam B. Rastogi
Idma Foundation for Sustainable Development
Idma Laboratories Limited
SCO-12, Sector-26, Chandigarh, INDIA
Tel: 0172-2791144 email: idma@satyam.net.in
2004
Supported by: World Resource Institute, Washington, D.C, USA
Contents
INTRODUCTION
WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974
AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
ENVIRONMENT (PROTECTION) ACT 1986- The Umbrella Legislation
ENVIRONMENT IMPACT ASSESSMENT (EIA) NOTIFICATION, 1994
MANUFACTURE, STORAGE AND IMPORT OF HAZARDOUS CHEMICAL RULES,
1989 AND AMENDMENTS THEREOF
HAZARDOUS WASTES (MANAGEMENT AND HANDLING) RULES, 1989 AND
AMENDMENTS THEREOF
THE CHEMICAL ACCIDENTS (EMERGENCY PLANNING, PREPAREDNESS, AND
RESPONSE) RULES, 1996
RECYCLED PLASTICS MANUFACTURE AND USAGE RULES 1999 AND
AMENDMENTS THEREOF
MUNICIPAL SOLID WASTES (MANAGEMENT AND HANDLING) RULES, 2000
NATIONAL ENVIRONMENT APPELLATE AUTHORITY ACT, 1997
THE NATIONAL ENVIRONMENT TRIBUNAL ACT, 1995
THE PUBLIC LIABILITY INSURANCE ACT, 1991
ACKNOWLEDGEMENTS
ABOUT THE AUTHORS
ANNEXURE-1
Director Environment
Chandigarh Administration
FOREWORD
The Indian Constitution lays down the foundation for Access to Information,
Participation and Justice.
Over all these years the government has
continuously worked to promulgate new legislative measures and in
carrying out necessary amendments in existing legislation to cover the left
over areas and lacunas in road to access. The Freedom of Information Bill,
2002 is a candid step by the government to show its commitment in this
direction. To elicit and ensure participation of public in environmental
protection programmes is one of the key components of the National
Environmental Policy and this is evident in legislations like Environment
Impact Assessment, Notification, 1994.
Through the Constitution 73rd
Amendment Act of 1992, the government has further resolved to involve
popular participation in the arena environment by empowering Panchayats.
The Indian Judiciary has always been pro-active viz.a.viz environmental
protection and pollution control. A recent judgement by Supreme Court of
India asking industries to display in their premises the relevant information
on hazardous wastes and hazardous chemicals again points out that
access to information, participation and justice is considered an important
tool towards environmental protection. The civil society organizations have
an important role in bridging the gaps that may exist in law and practice
and to strengthen the government’s activities in reaching out to the Public.
The present publication by Idma Foundation for Sustainable Development
is a step in this direction.
(Ishwar Singh, IFS)
INTRODUCTION
During pre-independence, the history of pollution control in India can be traced back to
legislations as (1) Shore Nuisance (Bombay and Kolaba) Act, 1853 (2) Indian Penal
Code Act, 1860 (3) The Police Act, 1861 (4) The Indian Fisheries Act, 1897 (5) Bengal
Smoke Nuisance Act, 1905 (6) Bombay Smoke Nuisance Act, 1912 (7) The Poison Act,
1919 (8) The Indian Boiler’s Act, 1923 (9) The Indian Forest Act, 1927 (10) The Motor
Vehicles Act, 1939. There are provisions in these Acts that considered pollution as a
localized wound that could be cleaned, disinfected, bandaged and healed.
During post independence, the same approach continued and some of the Acts that
intended to tackle the problem of environmental pollution as (1) The Mines and Minerals
(Regulation and Development) Act, 1947 (2) The Factories Act, 1948 (3) The Industries
(Development and Regulation) Act, 1951 (4) The Orissa River Pollution Prevention Act,
1953 (5) The River Boards Act, 1956 (6) The Gujarat Smoke Nuisance Act, 1963 (7)
The Insecticides Act, 1968 (8) The Maharashtra Prevention of Water Pollution Act,
1969; the control of pollution was not the core issue and the approach to pollution
control was based on the tort law.
The pollution control received the direct attention of the Government of India during the
Fourth Five Year Plan. To begin with, National Council of Environmental Planning
and Coordination-ordination was established in 1972 at the Department of Science
and Technology, to identify and investigate the environmental problems. The
participation of India in the United Nations Conference on Human Environment at
Stockholm in June 1972, had an important bearing over these developments. To
emphasize the need for environmental protection and to show its commitment to the
international forums, the 42nd Amendment to the Constitution of India incorporated
Article 51A-(Part IVA), Fundamental Duties: Under this article it shall be the duty of
every citizen of India to protect and improve the natural environment; Article 48ADirectives Shaping the Policy of States: Under this it shall be the duty of the State to
protect and improve the environment and to safeguard forests and wild life. These
amendments formed the base that guided the national policy to protect the environment
and control the pollution in the subsequent years.
Simultaneously in 1974, the Water (Prevention and Control of Pollution) Act, 1974
was passed. This Act led to the formation of the Central Board For The Prevention
and Control Of Water Pollution now known as Central Pollution Control Board,
which is the national apex body for assessment, monitoring, and control of air and water
pollution. In 1980 Tiwari Committee was set up for reviewing the existing legislative
measures and administrative machinery for ensuring environmental protection. On the
recommendations of this Committee, a separate Department of Environment was set
up in November 1980 as the focal agency in the administrative structure of the Central
Government for planning, promotion and coordination of environmental programmes. In
1981, the Air (Prevention and Control of Pollution) Act was promulgated to provide
for the prevention, control and abatement of air pollution. These measures not
withstanding, the Bhopal Gas Tragedy struck the nation in December 1984. The
Bhopal Gas Tragedy thus turned out to be a watershed in the history of environmental
protection in India. As a first step the Department of Environment was upgraded to a
full-fledged Ministry of Environment and Forests in 1985. This was followed by the
umbrella legislation, The Environment (Protection) Act, 1986 and a spate of rules and
regulations as laid out in Annexure-I.
The commitment to conservation of environment was further consolidated on the eve of
Rio Conference in 1992. The Ministry of Environment and Forests released the policy
statements -‘Policy Statement for Abatement of Pollution’, in February 1992 that seek
to shift the emphasis from defining the objectives for each problem area towards the
actual implementation; and ‘National Conservation Strategy and Policy Statement on
Environment and Development’, in June 1992 that categorize the environmental
problems in the country into (I) those arising as negative effects of the very process of
development, and (II) those arising from conditions of poverty and underdevelopment.
The policy statement intends to achieve the course of sustainable development through
integration and internalization of environmental considerations in the policies and
programmes of different sectors and listed following means to realize the goal:
o to do environmental impact assessment of all development projects right from the
planning stage and integrate it with their cost-benefit considerations.
o to make sure that projects above a certain size and or in certain ecologically
sensitive areas obtain prior environmental clearance.
o to encourage adoption of clean technologies and to promote research in the same.
Also to promote application of the modern tools of science and technology for
conservation, bridging of large gaps in supply and demand as well as control and
monitoring of natural resources.
o to elicit and ensure participation of public in environmental protection
programmes.
o to create environmental consciousness through education and mass awareness
programmes.
o to aim at moderation of process of demand unleashed by the developmental
process itself by resorting to recycling of waste materials and natural resources,
conserve energy and use of natural resources in industrial products and try to reach
moderation’s in lifestyles consistent with sustainability and human dignity.
o to develop appropriate institutional structures and human resources.
o to effectively implement the various laws and regulations on environment and
pollution control through creation or strengthening of the requisite enforcement
machinery.
In line with these policies and to ensure the popular participation for conservation
and sustainable development, the Constitution 73rd Amendment Act of 1992 on
Panchayats adds a Eleventh Schedule to the Constitution that assigns the functions of
soil conservation, water management, watershed development, social and farm forestry,
drinking water, fuel and fodder, non conventional energy sources and maintenance of
community assets to Panchayats.
The following section brings out what the various legislations on pollution
control in India offer to Public and the extent to which these facilitate
Access to Information, Participation and Justice in Environmental Matters.
We leave it to readers to judge to what extent these meet their hopes and
needs towards environmental governance.
Dr.P.K Aggarw al
Chairman
Idma Foundation for Sustainable Development
1. WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974
This Act was provided for the prevention and control of water pollution and for
maintaining or restoring of wholesomeness of water. The Act defines Pollution
[Section-2] as, “such contamination of water or such alteration of the physical, chemical
or biological properties of water or such discharge of any sewage or trade effluent or of
any other liquid, gaseous or solid substance into water (whether directly or indirectly) as
may, or is likely to, create a nuisance or render such water harmful or injurious to public
health or safety, or to domestic, commercial, industrial, agricultural or other legitimate
uses, or to the life and health of animals or plants or of aquatic organisms.”
The functions of the Central Pollution Control Board (CPCB) [Section-16] include; (1)
organize through mass media a comprehensive programme regarding the prevention
and control of water pollution; (2) collect, compile and publish technical and
statistical data relating to water pollution and the measures devised for its effective
prevention and control and prepare manuals, codes or guides relating to treatment and
disposal of sewage and trade effluents and disseminate information connected
therewith; (3) plan and cause to be executed a nation-wide programme for the
prevention, control or abatement of water pollution. The functions of State Pollution
Control Board (SPCB) [Section-17] include (1) to collect and disseminate
information relating to water pollution and the prevention, control or abatement
thereof; The CPCB/ SPCB are thus to some extent bound to provide
information to the public, the information that is to be disseminated by the
Boards.
The Act lays down that any person running any industry [Section-25/26], operation or
process, or any treatment and disposal system or an extension or addition thereto,
which is likely to discharge sewage or trade effluent into a stream or well or sewer or on
land will do so after taking Consent from SPCB. The Act provides that every State
Board shall maintain a register containing particulars or conditions imposed
towards grant of Consent [Section-25] and this register shall be open to inspection at
all reasonable hours by any person interested in, or affected by such
outlet, land or premises, as the case may be, or by any person authorized by him in
this behalf and the conditions so contained in such register shall be conclusive proof
that the consent was granted subject such conditions. The Act thus recognizes the
rights of the affected or interested person to get information about an
industry that may be causing pollution.
The Act lays down that Boards shall prepare an Annual Report [Section-39] each
year which shall be laid before the Houses of Parliament or State Legislature as the
case may be. The Act is however silent on availability of Annual Report to
public.
The Act empowers any individual to make a complaint [Section-49] before a
Metropolitan Magistrate or a Judicial Magistrate of the first class of any offence under
this Act after giving a notice of sixty days of his intention to make a complaint, to the
Board or officer authorized. The Act further says that with reference to this complaint the
Board shall, on demand by such person, make available the relevant reports in its
possession to that person, provided that the Board may refuse to make any such report
available to such person if the same is, in its opinion, against the public interest. The
Act thus provides an opportunity of judicial remedy in case a person is
affected by pollution, the Act, however, like much other legislations
provides an excuse to Board to avoid passing information to an individual in
the garb of Public interest.
2. AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
This Act was provided for the prevention, control and abatement of air pollution. The Act
defines air pollutant [Section-2] as, “any solid, liquid or gaseous substance including
noise present in the atmosphere in such concentration as may be or tend to be injurious
to human beings or other living creatures or plants or property or environment” and air
pollution as, “ presence in the atmosphere of any air pollutant.”
The functions of the CPCB [Section-16] include; (1) plan and cause to be executed a
nation-wide programme for the prevention, control or abatement of air pollution; (2)
organize through mass media a comprehensive programme regarding the prevention,
control or abatement of air pollution; (3) collect, compile and publish technical and
statistical data relating to air pollution and the measures devised for its effective
prevention, control or abatement and prepare manuals, codes or guides relating to
prevention, control or abatement of air pollution; (4) collect and disseminate
information in respect of matters relating to air pollution; The functions of SPCB
[Section-17] include (1) to collect and disseminate information relating to air pollution;
The CPCB/ SPCB are thus to some extent bound to provide information to
the public, the information that is to be disseminated by the Boards.
The Act lays down that any person running any industry, which is likely to emit air
pollutants shall do so after taking Consent from SPCB [Section-21]. The Act provides
that every State Board shall maintain a register containing particulars or conditions
imposed towards grant of Consent and this register shall be open to inspection at all
reasonable hours by any person interested in, or affected by such standards for
emissions, or by any person authorized by him in this behalf [Section-51]. The Act
thus recognizes the rights of the affected or interested person in that such
person should know the terms and conditions, which has to be followed by
an industry.
The Act lays down that Boards shall prepare an Annual Report [Section-35] each
year which shall be laid before the Houses of Parliament or State Legislature as the
case may be. The Act is however silent on availability of Annual Report to
public.
The Act empowers any individual to make a complaint before a Metropolitan
Magistrate or a Judicial Magistrate [Section-43] of the first class of any offence under
this Act after giving a notice of sixty days of his intention to make a complaint, to the
Board or officer authorized. The Act further says that with reference to this complaint the
Board shall, on demand by such person, make available the relevant reports in its
possession to that person, provided that the Board may refuse to make any such report
available to such person if the same is, in its opinion, against the public interest. The
Act like much other legislation provides an excuse to Board to avoid
passing information to an individual in the garb of Public interest.
3. ENVIRONMENT (PROTECTION) ACT 1986- The Umbrella Legislation
This Act was provided for the protection and improvement of environment and for
matters connected there with.
The Act defines "environmental pollution" [Section-2] as, ”presence in the
environment (environment includes water, air and land and the inter- relationship which
exists among and between water, air and land, and human beings, other living
creatures, plants, micro-organism and property) of any environmental pollutant
(environmental pollutant means any solid, liquid or gaseous substance present in such
concentration as may be, or tend to be, injurious to environment.”
The general powers of the Central Government [Section-3] include; (1) planning and
execution of a nation-wide programme for the prevention, control and abatement of
environmental pollution; (2) collection and dissemination of information in respect
of matters relating to environmental pollution; The Act thus acknowledges that
dissemination of Information is an important tool.
The Act empowers any individual [Section-19] to make a complaint before a
Metropolitan Magistrate or a Judicial Magistrate of the first class of any offence under
this Act after giving a notice of sixty days of his intention to make a complaint, to the
Central Government or the authority or officer authorized. The Section-19 in the Act,
however, fall short of provisions in Section-49 of Water (Prevention and Control of
Pollution) Act, 1974 and Section-43 of Air (Prevention and Control of Pollution) Act,
1981 that provides for to make available the relevant reports in its possession to that
person.
4. ENVIRONMENT IMPACT ASSESSMENT (EIA) NOTIFICATION, 1994
The EIA notification lays down that any person who desires to undertake any new
project in any part of India or the expansion or modernization of any existing industry or
project listed in the Schedule-I of this notification shall do so after taking permission
from Ministry of Environment and Forests, New Delhi.
The notification further provide for Public Hearing as specified in Schedule-IV before
clearance is granted to said projects. Public Hearing is not required in respect of (i)
small scale industrial undertakings located in (a) notified/designated industrial
areas/industrial estates or (b) areas earmarked for industries under the jurisdiction of
industrial development authorities; (ii) widening and strengthening of highways; (iii)
mining projects (major minerals) with lease area up to twenty five hectares, (iv) units
located in Export Processing Zones, Special Economic Zones and (v) modernization of
existing irrigation projects. This notification under the Environment (Protection)
Act, 1986 thus is an important milestone in recognizing the role of Public
Participation.
5. MANUFACTURE, STORAGE AND IMPORT OF HAZARDOUS CHEMICAL
RULES, 1989 AND AMENDMENTS THEREOF
These Rules lay down provisions for safe handling of hazardous chemicals. The
Schedule-I of the Rules lists 684 Chemicals as hazardous chemicals.
The Rule-4 (2, b, ii) provides that an occupier of industry handling hazardous chemicals
shall provide evidence to show that he has provided to the persons working on the
site with the information, training and equipment including antidotes necessary to
ensure their safely.
The Rule-13 lays down that an occupier shall prepare and keep up-to-date an on-site
emergency plan detailing how major accidents will be dealt with on the site on which the
industrial activity is carried on and that the occupier shall ensure that every person on
the site who is affected by the plan is informed of relevant provisions of emergency plan
The Rule-15 lays down that the occupier shall take appropriate steps to inform
persons outside the site either directly or through District Emergency Authority who
are likely to be in an area which may be affected by a major accident about (a) the
nature of the major accident hazard; and (b) the safety measures and the "Do’s’ and
‘Don’ts" which should be adopted in the event of a major accident
The Rule-17 lays down that an occupier, who has control of an industrial activity shall
arrange to obtain or develop information in the form of safety data sheet. The
information shall be accessible upon request for reference. It further provides that
every container of a hazardous chemical shall be clearly labeled or marked to identify
(a) the contents of the container; (b) the name and address of manufacturer or importer
of the hazardous chemical; and (c) the physical, chemical and toxicological data
The said Rules notified under the Environment (protection) Act, 1986 thus
give considerable importance to Sharing of Information.
6. HAZARDOUS WASTES (MANAGEMENT AND HANDLING) RULES, 1989 AND
AMENDMENTS THEREOF
These Rules provide for environmentally sound management of hazardous wastes. The
Rule-3 (14) define “hazardous waste” as any waste which by reason of any of its
physical, chemical, reactive, toxic, flammable, explosive or corrosive characteristics
causes danger or is likely to cause danger to health or environment, whether alone or
when in contact with other wastes and as listed in Schedule-1, Schedule-2 or
Schedule-3 of these Rules.
The Rule-5 (9) provides that every SPCB shall maintain a register containing
particulars of the conditions imposed under these rules for any disposal of hazardous
wastes, on any land or premises and it shall be open for inspection during office hours
to any person interested or affected or a person authorized by him in this behalf.
The Rules-8 lays down that Environment Impact Assessment as per EIA notification,
1994 including a Public Hearing shall be carried out for the identification of
Hazardous Wastes Sites. It further lays down that an inventory of disposal sites within
the State for the disposal of hazardous wastes shall be published periodically.
The said Rules notified under the Environment (protection) Act, 1986 thus
provide for some Sharing of Information to Public.
7. THE CHEMICAL ACCIDENTS (EMERGENCY PLANNING, PREPAREDNESS, AND
RESPONSE) RULES, 1996
The Rules notified under Environment (Protection) Act, 1985 provides for constitution of
Central Crisis Group, State Crisis Group, District Crisis Group and Local Crisis Group to
deal with major chemical accidents and to provide expert guidance for handling major
chemical accidents.
As per Rule-13 the Central/State Crisis Group shall provide information on request
regarding chemical accident prevention, preparedness and mitigation in the
country/state respectively; the District/Local Crisis Group shall provide information
regarding possible chemical accident at a site in the industrial pocket and related
information to the public on request;
The Composition of the Local Crisis group includes (i) Editor of local News paper (ii)
Community leader/ Sarpanch/ Village Pradhan nominated by Chair-person (iii) One
Representative of Non-Government Organisation to be nominated by the Chair-person
(iv) Two Doctors eminent in the Local area, to be nominated by Chair-person and (v)
Two Social Workers to be nominated by the Chair-person
"
The Rules thus empower Public to obtain information as well as through
Local Crisis Group to participate in chemical accident prevention,
preparedness and mitigation
8. RECYCLED PLASTICS MANUFACTURE AND USAGE RULES 1999 AND
AMENDMENTS THEREOF
The Rules lay down guidelines for manufacture and use of recycled plastics carry bags
and containers.
The Rule-7 provide that Manufacturers shall print on each packet of carry bags as to
whether these are made of "recycled material" or of "virgin plastic". This is thus an
important provision to provide information to the user recording the status of plastic
carry bags.
9. MUNICIPAL SOLID WASTES (MANAGEMENT AND HANDLING) RULES, 2000
These rules provide for safe handling of municipal solid wastes and apply to every
municipal authority responsible for collection, segregation, storage, transportation,
processing and disposal of municipal solid wastes.
The Rule-3 (xv) defines "municipal solid waste" as that includes commercial and
residential wastes generated in municipal or notified areas in either solid or semi-solid
form excluding industrial hazardous wastes but including treated bio-medical wastes;
These Rules do not have any specific provisions on Access to Information, Participation
or Justice except that Rule-8 Provides for that SPCB shall prepare and submit to the
Central Pollution Control Board an annual report with regard to the implementation of
these rules by the 15th of September every year and the CPCB shall prepare the
consolidated annual review report on management of municipal solid
wastes and forward it to the Central Government along with its
recommendations before the 15th of December every year. The Rule is however
silent on availability of Annual Report to public.
10. NATIONAL ENVIRONMENT APPELLATE AUTHORITY ACT, 1997
The Act establishes a National Environment Appellate Authority to hear appeals with
respect to 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 under the Environment (Protection) Act, 1986 and for
matters connected therewith or incidental thereto.
As per Section-11 of the Act, any person aggrieved by an order granting
environmental clearance in the areas in which any industries, operations or
processes or class of industries, operations and processes shall not be carried out or
shall be carried out subject to certain safeguards may, within thirty days from the date of
such order, prefer an appeal to the Authority.
The "person" means (a) any person who is likely to be affected by the grant of
environmental clearance; (b) any person who owns or has control over the project with
respect to which an application has been submitted for environmental clearance; (c) any
association of persons (whether incorporated or not) likely to be affected by such
order and functioning in the field of environment;(d) the Central Government, where the
environmental clearance is granted by the State Government and the State
Government, where the environmental clearance is granted by the Central Government;
or (e) any local authority, any part of whose local limits is within the neighbourhood of
the area wherein the project is proposed to be located.
The Act further provides that the Authority shall dispose of the appeal within ninety days
from the date of filing the appeal and that the Authority shall not be bound by the
procedure laid down in the Code of Civil Procedure, 1908, but shall be guided
by the principles of natural justice.
Although applicable only to restricted areas, the National Environment
Appellate Authority is an excellent provision to Access to Justice.
11. THE NATIONAL ENVIRONMENT TRIBUNAL ACT, 1995
The Acts provide for strict liability for damages arising out of any accident occurring
while handling any hazardous substance and establishes a National Environment
Tribunal for effective and expeditious disposal of cases arising from such accident, with
a view to giving relief and compensation for damages to persons, property and the
environment and for matters connected therewith or incidental thereto.
The Section (1) of the Act lays down that where death of, or injury to, any person (other
than a workman) or damage to any property or environment has resulted 'from an
accident, the owner shall be liable to pay compensation for such death, injury or
damage under all or any of the heads specified in the Schedule of the Act. It further
provides that In any claim for compensation 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. It further says if the death, injury or damage caused by an
accident cannot be attributed to any individual activity but is the combined or resultant
effect of several such activities, operation and processes, the Tribunal may apportion
the liability for compensation amongst those responsible for such activities, operations
and processes on an equitable basis.
An application for claim for compensation may be made (a) by the person who has
sustained the injury; (b) by the owner of the property to which the damage has been
caused; (c) where death has resulted from the accident, by all or any of the legal
representatives of the deceased; (d) by any agent duly authorized by such person or
owner of such property or all or any of the legal representatives of the deceased, as the
case may be; (e) by any representative body or Organisation, functioning in the field of
environment and recognized in this behalf by the Central Government, under all or any
of the heads specified in the Schedule; or (f) by the Central Government or a State
Government or a local authority under all or any of the heads specified in the Schedule.
The Act also provides that the Tribunal may, if it thinks fit, take up the cases for claims
for compensation suo motu.
This Act is thus a significant milestone in Access to Justice in
Environmental Matters.
12. THE PUBLIC LIABILITY INSURANCE ACT, 1991
The Act provides for public liability insurance for the purpose of providing immediate
relief to the persons affected by accident occurring while handling any hazardous
substance (as listed out in the Act) and for matters connected therewith or incidental
thereto. It lays that every owner starts handling any hazardous substance shall take out
one or more insurance policies providing for contracts of insurance thereby he is
insured against liability to give relief under this Act. The insurance policy taken out by an
owner shall be for a amount not 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.
The Act provides that 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 for providing the relief.
13. As referred in Annexure-I, Bio-Medical Waste (Management and Handling) Rules,
1998; The Noise Pollution (Regulation and Control) Rules, 2000; The Battery
(Management and Handling) Rules, 2000, Ozone Depleting Substances (Regulation
and Control) Rules, 2000, does not lay down any specific provisions regarding Access
to Information, Participation and Justice, however, address the same to the extent that
these rules are notified under the ambit of Environment (Protection) Act, 1986.
ACKNOWLEDGEMENTS
This Publication is produced by Idma Foundation for Sustainable Development with
support from World Resource Institute (WRI), Washington D.C., USA. This is another
attempt to bring to public provisions in Indian environmental laws on pollution control for
Access to Information, Participation and Justice in Environmental Matters. We
specifically acknowledge the support from Nathalie Eddy from WRI for her efforts to join
us for the Out Reach of findings of the Pilot Phase of “The Access Initiative”. We are
also grateful to Frances Seymour, Linda Shaffer Bollert and Erin Harker from WRI. We
also acknowledge the support from Thapar Center for Industrial Research &
Development, Patiala, India.
ABOUT THE AUTHORS
Randeep Singh Saini, Ph.D Environmental Engineering is Executive Director, Idma
Foundation for Sustainable Development. He has also done PG Diploma in Mass
Communication from IGNOU, New Delhi.
Basudeo Prasad, is Deputy Director and Scientist-in-Charge, Central Scientific
Instruments Organisation, Chandigarh.
Padam B. Rastogi, Ph.D Environmental Toxicology is Additional Director, Ministry of
Environment and Forests, Northern Regional Office, Chandigarh. He has also
undertaken Post Doctoral research at the University of Massachusetts and
Massachusetts Institute of Technology, USA in the field of microbial and mammalian
genetic technology.
ANNEXURE-I
A.
1.
2.
B.
1.
C.
1.
i.
ii.
iv.
v.
Water Pollution
The Water (Prevention and Control of Pollution) Act, 1974, amended 1988.
The Water (Prevention and Control of Pollution) Cess Act, 1977, amended 1992.
The Water (Prevention and Control of Pollution) Cess (Amendment) Act, 2003.
Air Pollution
The Air (Prevention and Control of Pollution) Act 1981, amended 1987.
National Ambient Air Quality Standards, G.S.R.384(E), [11/4/1994]
Environment Protection
The Environment (Protection) Act, 1986, amended 1991.
The Environment (Protection) Rules, 1986, S.O.844(E), [19/11/1986 and
amendments thereof.
Environment (Siting for Industrial Projects) Rules, 1999. S.O.470(E),
[21/6/1999]
Notifications: Coastal Regulation Zone
Constitution of National Coastal Zone Management Authority S.O.991(E),
[26/11/1998], Reconstituted vide S.O.17(E), [8/1/2001]
Constitution of Aquaculture Authority S.O.88(E), [6/02/1997]
Declaration of Coastal Stretches as Coastal Regulation Zone (CRZ) S.O.114(E),
[19/2/1991] amended 3/10/2001
Notifications on State Coastal Zone Management Authority for States of Gujarat,
Daman & Diu, Goa, Maharashtra, Kerala, Karnataka, Pondicherry, Tamil Nadu,
Orissa, West Bengal, Lakshadweep, Andaman & Nicobar Islands, Andhra
Pradesh.
Eco-marks Scheme Notifications
The Scheme on Labeling of Environment Friendly Products (ECOMARK)
G.S.R.85(E), [20/2/1991].
The Criteria for Labeling Cosmetics as Environment Friendly Products
G.S.R.768(E), [24/8/1992].
Eco-Sensitive Zone Notifications
Matheran and Surrounding Region as an Eco-sensitive Zone, S.O.133(E),
[4/2/2003].
Mahabaleswar Panchgani Region as an Eco-sensitive region, S.O.52(E),
[17/1/2001].
Pachmarhi Region as an Eco-sensitive Zone, S.O.825(E), [17/9/1998].
Order Constituting the Taj Trapezium Zone Pollution (Prevention and Control)
Authority, S.O.350(E), [13/5/1998].
Dahanu Taluka Environment Protection Authority, 1996, amended 2001,
S.O.884(E), [19/12/1996].
No Development Zone at Numaligarh, East of Kaziranga, S.O.481(E), [5/7/1996].
Restricting certain activities causing Environmental Degradation at Aravalli
Range, S.O.319(E), [7/5/1992].
Dahanu Taluka, District Thane (Maharashtra) to declare as Ecologically fragile
Area, amended 1999, S.O.416(E), [20/6/1991].
Restricting location of industries, mining & other activities in Doon Valley (UP),
S.O.102(E), [1/2/1989].
Prohibiting Industries in Murud-Janjira, Raigadh District, Maharashtra, S.O.20(E),
[6/1/1989].
vi.
vii.
viii.
ix
D.
E.
F.
Environmental Clearance – General
Environmental Impact Assessment- Restrictions & Prohibitions on the
Expansion & Modernization of any activity or new projects unless Environmental
Clearance has been accorded, S.O.60(E), [27/1/1994] and amendments thereof.
Wastes & Substance Management
Hazardous Wastes
The Batteries (Management and Handling) Rules, 2001, S.O.432(E), [16/5/2001]
Prohibition on the Handling of Azodyes, S.O.243(E), [26/3/1997].
The Hazardous Wastes (Management and Handling) Rules, 1989, S.O.594(E),
[28/7/1989]
The Hazardous Wastes (Management and Handling) Amendment Rules, 2000,
S.O.24(E), [6/1/2000]
Hazardous Wastes (Management and Handling) Amendment Rules, 2003,
S.O.593(E), [20/5/2003]
Municipal Solid Wastes
The Municipal Solid Wastes (Management and Handling) Rules, 2000,
S.O.908(E), [25/9/2000]
Plastics
The Recycled Plastics Manufacture and Usage Rules, 1999, S.O.705(E),
[2/9/1999] and amendments thereof.
Chemicals
The Manufacture, Storage and import of Hazardous Chemical Rules, 1989,
S.O.966(E), [27/11/1989]
The Manufacture, Storage and Import of Hazardous Chemical (Amendment)
Rules, 2000, S.O.57(E), [19/1/2000]
The Chemical Accidents (Emergency Planning, Preparedness and Response)
Rules, 1996, G.S.R.347(E), [1/8/1996]
Bio-medical Waste
The Bio-Medical Waste (Management and Handling) Rules, 1998, S.O.630(E),
[20/7/1998] and amendments thereof.
Hazardous Microorganisms
The Rules for the Manufacture, Use, Import, Export and Storage of Hazardous
micro-organisms Genetically engineered organisms or cells, 1989,
G.S.R.1037(E), [5/12/1989]
Fly-Ash
Dumping and Disposal of Fly Ash Discharged from Coal or Lignite based Thermal
Power Plants on Land; 1999, S.O.763(E), [14/9/1999]
Noise Pollution
Noise Pollution (Regulation and Control) Rules, 2000, S.O.123(E), [14/2/2000]
and amendments thereof
Ozone Layer Depletion
The Ozone Depleting Substances (Regulation and Control) Rules, 2000,
S.O.670(E), [19/7/2000]
The Public Liability Insurance Act, 1991, amended 1992
The National Environment Appellate Authority Act, 1997
The National Environment Tribunal Act, 1995