ENVIRONMENT LEGISLATIONS 1. The India Indian n Fore Forests sts Act 1972 1972 2. The Atomic Atomic Energ Energy y Act Act 1962 1962 3. The The Fact Factor orie ies s Act Act 1948 1948 4. The Insect Insectic icide ides s Act Act 1968 1968 5. The Wil Wild d Life Life Protec Protectio tion n Act, Act, 1972 1972 6. The Water Water (Preve (Prevention ntion and and Control Control of polluti pollution) on) Act, Act, 1974 7. The Water Water (Preve (Prevention ntion and and Control Control of Polluti Pollution) on) CESS CESS Act, 1977 1977 8. The Fores Forestt (Conser (Conservat vation ion)) Act, 1980 1980 9. The Air Air (Prevent (Prevention ion and and Control Control of Pollution) Pollution) Act, Act, 1981 1981 10. The Environment Environment (Protection) Act, Act, 1986 11. The Motor Vehicles Vehicles Act, Act, 1988 12. The National Environment Environment Tribunal Act, Act, 1995
The Tiwari Committee had identified the following major areas of Environmental concern: a) b) c) d) e)
Environmental Pollution Management of Land and Water Resources. Depletion of of Na National Re Resources Co Consciously an and in in Ig Ignorance Poor Conditions of Human Settlements Need for Environmental Awareness and Education 1. 2. 3. 4. 5. 6. 7.
Bios Biosph pher ere e Res Resid idue ues s Prote Protecti ction on of of Gra Grazin zing g Land Lands s Prote Protecti ction on of Endan Endanger gered ed Specie Species s Toxic Toxic Subs Substan tances ces Contro Controll Act. Act. Scie Scient ntif ific ic use use of of Land Land Preve Preventi ntion on of Noise Noise Pollut Pollution ion Preve Preventi ntion on of Fel Fellin ling g of Fores Forests. ts.
ENVIR VIRONM ONMENTAL POLLUTION
LAWS AWS
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AIR, AIR,
WATER ATER
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Natural Pollution (ii) Artificial Pollution, i.e. depending on human activity On a global scale natural pollution are: (a) Earthquake (b) flood (c) draught and (d) cyclone. The source of artificial pollution includes all human activities, industrial and otherwise. A. Pollution Pollution may also be classified classified from the point of view of the object object which is polluted. polluted. From this angle pollution may be classified into: a) b) c) d) e)
Air Pollution; Water ter Pol Polluti lution on;; Lan Land Pollution; Noi Noise Poll olluti ution; on; Radi Radio o Acti Active ve Poll Pollut utio ion. n.
Factors Of Pollution: The following are the important factors which contribute to the pollution of our environment: 1. Man’s Man’s use of water water resource resources s i.e. discha discharge rge of pollutan pollutants ts into water water 2. Discha Discharg rge e of pollut pollutan ants ts into into air; air; 3. Non-dispos Non-disposal al of excreta excreta and waste waste waters; waters; 4. Inappropr Inappropriate iate manageme management nt of Solid wastes; wastes; 5. Failur Failure e to to contr control ol vect vectors ors;; 6. Failure Failure in food food protecti protection on (form (form source source to use); use); 7. Failure Failure to to prevent prevent emissi emission on of ionizi ionizing ng radiati radiation; on; 8. Inappropr Inappropriate iate manage management ment of electr electromagn omagnetic etic energy energy;; 9. Inappropr Inappropriate iate manageme management nt of heat heat and sound. sound. 10. Inappropriate Inappropriate management of chemical industries; industries; 11. Green house gases; gases; 12. Military Emission. AIR POLLUTION: Section 2(a) of the Air Pollution Act 1981 defines air pollution as follows: “Air pollution means 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 .” .” Section 2(b) of Air Act presents a general view of the same. It runs as follows: “Air pollution means the presence in the atmosphere of any air pollutant .” pollutant .” In order to understand air pollution, one has to understand the composition of air. Air Air is the mixture of gases that forms the earth’s atmosphere and it extends upto the height of about 300 km above the earth’s surface. At sea level dry air has a density of 1.226 kgs per sq.metre and consists of 78.08 percent nitrogen, 20.95 percent oxygen, 0.93 percent organ, 0.93 percent carbon dioxide with similar quantities of ozone and inert gases, and water vapour dust and plant spores vary between 0 to 4 percent. Other inert gases are neon, helium, crypton, xenon, hydrogen, methane and nitrous oxide. The typical ingredients of air are nowhere completely absent from the atmosphere
In atmosphere about 95% of the total air is present upto the height of about 20km above the earth’s surface and the remaining 5% at in the remaining atmosphere i.e. upto 280 km above the 20km. Atmosphere has been roughly divided into four zones. They are as follows:
1. Troposphere – this is the basal part of atmosphere, which is about 20 km above the earth’s surface. But on poles it extends only about 8 km. This is that part of the atmo atmosp sphe here re in whic which h life life exis exists ts.. The The impo import rtan antt natu natura rall even events ts such such as clou cloud d formation, lightning, storm etc. all takes place in this part of the atmosphere .Air temperature in this zone gradually decreases with height at the rate of about 6.5 0 c per km. At its upper limit, temperature temperature might decrease upto 60 0 c. This area is known as troposphere. 2. Stratosphere – Next to troposphere, the second zone of about 30 km height is called stratosphere. In this region temperature may increase upto 9 0c. This increase in temp temper erat atur ure e is due due to Ozon Ozone e form format atio ion n unde underr the the infl influe uenc nce e of ultr ultra a viol violet et component of sunlight. Upper layers of stratosphere are known as stratopause. Abou outt 40 km in heig height ht the the zone zone next next to stra strato tosp sphe here re is call called ed 3. Mesosphere – Ab 0 mesospher mesosphere. e. In this area, temperatur temperature e shows shows again again a decrease decrease upto 80 c. Upper layers of this zone are called mesopause. 4. Ionosphere – The area above above the mesospher mesosphere e upto the height of 300 km is known as Ionosphere. Most of the gaseous components which become ionized under the influence of radiant energy remain as ions. Due to their much less density, they are rarely present in molecular form. Radiant energy brings about considerable changes in the atmosphere. Functioning Of Air – Various gases present in the air perform various functions useful for living beings. In this process they keep on rotating. The rotation of gases is in circular form, therefore, their movement is known as cycle. The prominent cycles are, nitrogen cycle, carbon cycle, oxygen cycle and hydrogen cycle. Nitrogen Cycle – Nitrogen is an essential element of all forms of life. It occupies the major portion of the air i.e. 79%. But it is never taken directly by the organism form atmosphere. The The atmos atmosphe pheri ric c nitrog nitrogen en is fixed fixed in the soil soil by symbio symbiosis sis or asymbi asymbiosi osis s by varie variety ty of microorganisms in the form of nitrate. Some potion of atmospheric nitrogen is also fixed in the soil by lightning. The microorganism or bacteria, which performs the main role of fixing atmospher atmospheric ic nitrogen nitrogen into soil, soil, is known known as Rhizobium, found found in the root root module modules s of legum legumes. es. It perfor performs ms its role role throug through h the proces process s of symbio symbiosis sis.. Howeve However, r, throug through h a symbiotic proves the work of nitrogen fixation is performed by some blue – green algae, species of Azotobacter and Clostridium. The atmospheric nitrogen so fixed in the soil in the form of nitrate is taken by plants for manufacturing complex nitrogenous compounds. Through Through plants plants this complex nitrogen nitrogenous ous compound compound reaches reaches animals. animals. The dead organic matter formed due to death of plants and animals is decomposed by bacteria, fungi and other microbes, during which nitrogen is released either in free state to atmosphere, or as ammonia gas. Some nitrates of soil are also converted into free nitrogen and are released to the atmosphere by denitrifying microbes. Carbon cycle – Although carbon dioxide is not present in the atmosphere in large quantity yet it plays an important role so far as living beings are concerned. It is an important basic element of all organic compounds. Carbon moves form the atmosphere to green plants, then to animals (consumers) and finally form these both the bacteria, fungi, and other microorganism (de-composers) that return it to the atmosphere through decomposition of dead organi organic c matte matter. r. The atmosp atmospher heric ic carbon carbon dioxid dioxide e is the chief chief source source of carbo carbon. n. Carbo Carbon n dioxide dioxide is dissolved dissolved in water. water. In water water it also reaches reaches form lime deposits. deposits. Through, Through, the process of photosynthesis carbon dioxide is converted into complex organic compound by green plants. Plants are eaten by animals. Some portion of organic matter of green plants contributes to the formation of coal deposits, rocks, etc., which as a result of weathering and
combustion return the carbon dioxide to atmosphere. Plants and animals through respiration also return carbon to the atmosphere and water as free carbon dioxide. The process of dissolving carbon dioxide in water is rather complex. When it dissolves in water, some of its combines with water to form carbonic Acid, Bicarbonates and Carbonates are then formed. Since carbonates are insoluble in water, therefore, it precipitates and is deposi deposited ted as sedime sediments nts on the bottom bottom of lakes lakes and and oceans oceans.. All these these are are rever reversib sible le reactions; therefore, they help in maintaining the requisite quantity of carbon dioxide in the air. If there is increase in carbon dioxide in the air, more of it is dissolved in water. But, at present, due to excessive discharge of carbon dioxide in atmosphere, the buffering system has failed to maintain the equilibrium and thus atmospheric pollution is increasing day by day. Oxygen Cycle – Survival of living beings depend on the presence of oxygen in the air. It helps in purifying blood. If there is no oxygen in air or it is not available in requisite quantity or it is highly polluted, it will make the life difficult. In atmosphere, its supply is maintained by green plants and planktons. During day green plants in the presence of sun light use carbon dioxide to make food and release oxygen for breathing. Living beings discharge carbon dioxide, which is used by plants to manufacture their food in presence of sunlight. Thus consumption and discharge of oxygen constitute the oxygen cycle. Hydrogen Hydrogen Cycle – Hydrog Hydrogen en gas, gas, which which is pres present ent in the air either either from seawat seawater er or through industrial activity, in the presence of lightning reacts with oxygen to form water. During rain this water comes on earth. On earth, in the presence of sun’s heat energy it again acquires gaseous form. This cycle goes on continuously and is known as hydrogen cycle. This cycle is very significant for the effective functioning of eco system. WATER POLLUTION: Water is an important factor in the life or organisms. It is an universal solvent in which practically all the minerals, present in soil, may be dissolved. It supports life system and its shortage has been the main concern of human beings. It covers about one-third of earth’s surface. Forms of water in nature – In nature water is found in three principal forms – Atmospheric moisture, precipitation and soil water. Among these forms precipitation is the chief source. Atmospheric moisture is present as invisible vapour, known as the humidity and also as visible vapour, known as fog or cloud. The invisible vapour or humidity of the air is usually expressed as relative humidity. Water cycle – The cycle through which water moves form ocean to atmosphere to land and back to oceans is known as water or hydrologic cycle. The source of most of the rain that falls on the land is the ocean. The whole process takes place in the presence of heat energy, which comes form sunrays. Due to sunrays air and water both get heated and water start evaporating. Air masses lying over the seas and oceans pick up large quantities of evaporating vapours. When vapour soaked air moves inward over the continents it gets cooled and much of this water falls out ass precipitation. Water first reaches the ground in mountain areas in the form of rain, snow, sleet, hail or surface condensation. The excess water runs off the surface or sinks in the ground, which appears again in the form of springs or as streams. Meanwhile much is returned to the air by evaporation form the vegetation of the area and this is returned once more to the ground in further precipitation in other areas. Another portion goes deep into the ground through acquiferes underground strata of porous rock or sediments sediments not yet consolidated consolidated into rock. This undergro underground und water water is harness harnessed ed during dry seasons and some of it also reaches to seas and oceans through underground streams. Some of it remains for long period in underground storage.
The growth of civilization has resulted in the change of watercourse form single original pattern i.e., by buildings dams and reservoirs and diverting water through artificial channels for various usages. The excessive use of water by domestic agricultural industrial activities, etc. has resulted in the shortage of water. The deforestation has also contributed to this probl problem em as plants plants and trees trees help help in mainta maintaini ining ng humidi humidity ty in the air. air. Destru Destructi ction on of vegetation on earth’s surface results in washing away of fertile topsoil during rainfall or by blowing winds. The water or hydrological cycle, which was meant for the benefit of living beings, has been affected badly by human beings. The presence of pollutants in water especially toxic substances either in seas, rivers, tanks, ponds, wells have affected life on earth badly. People are not getting clean water to drink, for bath and for household activities. In order to prevent pollution of water our Parliament has enacted the water (Prevention and Control of Pollution) Act, 1974. Clean and pure water is the right of every man. NOISE POLLUTION: Noise is an unwanted or undesired and unpleasant sound. It is also termed as misplaced sound. It is of very high intensity. It produces bad effect on health. The most commonly produced effect on health is the loss of hearing capacity and fatigue. There are changes in psychological and physiological states including annoyance and sleep interruptions. It can affect digestive system, produce pepticular, infertility and blood pressure. Property damage by actual vibration or boom destruction is also known. There is not much information about the effect effect of noise noise on animal animals. s. Ap Apar artt from from horns horns of vehic vehicles les are factor factories ies noise is also also produced produced by domestic domestic applianc appliances es viz., viz., Radio, Radio, Televisi Television, on, Tape Recorder Recorder,, Loud Speaker, Speaker, Fridge, Cooler, Mixers, Grinders and Air Conditioners, etc. Noise levels of various cities are rising at the rate of one decibel per year according to one survey. Nature of Noise – Noise is a form of sound. Sound is a mechanical energy from a vibrating surface transmitted transmitted by cyclic series of compression and rate factions of the molecules of the mater materia iall throug through h which which it passe passes. s. In a pure pure tome, tome, the wave wave patter pattern n of the alter alterna natin ting g positive and negative sound pressure is an ideal sinusoidal form with fixed wavelength, frequency and amplitude. Sound passes through all the mediums viz., gases, water, liquids, solids and air. It does not and cannot pass only through a vacuum because it does not contain molecules to compress and decompress mechanical energy as sound. The speed of sound in air is 340 m/s at 200 C. Its speed varies with medium and temperature and it is proportional to the absolute temperature of air. In water its speed is 1,470 m/s. In steel, it is 5000 m/s. Frequencies are expressed in hertz, equal to cycles per second. The audible range for an exceptionally good human ear is 35 to 20,000 Hz. A more limited range of 80 to 15,000 15,000 Hz consid consider ered ed norma normall for young adult adults s who have had had no hearin hearing g losse losses s or ear ear abnormalities. A vibr vibrat atin ing g sour source ce prod produc ucin ing g soun sound d has has some some tota totall powe powerr expr expres esse sed d in watt watts s and and design designat ated. ed. The intens intensity ity,, which which is expres expressed sed as 1, is the power per unit unit area area of the spherica sphericall boundary boundary.. Intensity Intensity decreased decreased inverse inversely ly with the square square of the radius radius of the sphere. The range of sound is expressed inn microbars, one millionth of 1 atmosphere of press pressur ure, e, the range range is from from .002 .002 microb microbar ar (Ubar (Ubar), ), the minimu minimum m sound sound press pressure ure sound sound pressure a healthy young human ear can detect, to 10,000 bars for peak noises within 100 feet form large jet and rocket propulsion devices. Very few sounds or noises are in a single frequency or pure tone. The human ear is not uniformly sensitive to all frequencies nor does it perceive noise equally across the frequency spectrum. The ear has less sensitivity to frequencies below 400 Hz and above 10,000 Hz at low sound intensities. The human ear is most sensitive in the frequencies needed for hearing speech largely from 500 to 4000 Hz. Ear is a marvelous product of evolution. There are two types of hearing changes caused by noise exposure –
1. Tempor Temporar ary y Thresh Threshold old Shift Shift (TTS) (TTS) i.e. the lesse lessened ned ability ability to hear hear weak weak audit auditory ory signals from which there is recovery in a matter of hours and at most in 2 to 4 weeks. 2. Noise Noise Induced Induced Perman Permanent ent Thresho Threshold ld Shift (NIPTS) (NIPTS) i.e. loss from which which there there is no recovery Steady noise is the major offender. Noise with its maximum energy in the low frequencies produces less TTS than that at high frequencies. There is no treatment specific or palliative for noise. The only remedy is removal from the noise to allow recovery. There are many factors which cause noise pollution. A Central London Noise Survey has indicated that 84% noise is caused by street traffic. The remaining 16% is predominantly by diesel trucks, followed by buses, motorcars, motorcycle and autos using diesel. The noise not only affects loss of hearing and causes annoyance; it also produces the following effects – 1. Disr Disrup upti tion on to slee sleep p and and rest rest part partic icul ular arly ly by loud loud unex unexpe pect cted ed nois noise. e. Peop People le do acco accomm mmod odat ate e to nois noise e but but disr disrup upti tion on resu result lts s when when and and adde added d or new new nois noise e penetrates the accommodation level. 2. Change Changes s in work capac capacity ity or performa performance nce due to the noise noise or its reduct reduction ion can be seen in the form of loss of alternative response. It may even lead to accident. 3. It may cause cause pupil dilation, dilation, reduce reduced d blood flow to the skin skin and temporary temporary increa increase se in blood pressure. 4. It may may cause cause stress stress,, nervous nervous tension. tension. So noise, especially loud noise, affects every one in one form or other. In overcrowded cities, traffic traffic jams, etc. its effect is realize realized d most. Therefore, Therefore, some measure measure in this regard regard is essential. Control of Noise Pollution – In major cities and towns, noise is growing menace at normal hours, but at peak traffic hours it assumes alarming proportions. Studies conducted by the National Physical Laboratory, Laboratory, the All India Institute of Medical Sciences, the National Institute of Occupati Occupational onal Health etc. have revealed revealed the growing growing threat threat to out physiolog physiological ical and mental well-being. In order to prevent noise pollution, no serious attempts were made in our country. Only some States have enacted legislations to this effect, which can be termed only as halfhearted attempt to control noise pollution, and hence they have proved inadequate. In December 1989, the Environment (Protection) Rules were amended to prescribe ambient air quality standards in respect of noise. These standards lay down the daytime and night time limits of noise in industrial, commercial and residential areas as well as in “silence zones”. The use of vehicular horns, loudspeakers and bursting of crackers is banned in silenc silence e zones. zones. A ‘silen ‘silence ce zone’ zone’ has has been been define defined d as an area area upto upto 100 meters meters aroun around d hospitals, educational institutions, courts, etc. Under the State laws restrictions have been imposed by some States like West Bengal on blowing of horns by vehicular traffic. But we don’t have any specific legislation to control noise pollution as is the case in United States of America, (The U.S. Noise Pollution and Abatement Act of 1970) and England (The Noise Abatement Act of 1960). Noise pollution can be mitigated by playing musical instruments at low volumes, banning the use to loudspeakers loudspeakers and using good quality silencers in motors vehicles and factories.
CONSUMER PROTECTION Governing Act: The Consumer Protection Act, 1986 aims to provide for better protection of the interests of consu consumer mers s and and for the settle settlemen mentt of consum consumer’ er’s s dis disput putes es and and for matte matters rs connec connected ted therewith. The act extends to the whole of India except the State of Jammu and Kashmir. The act applies to all goods and services except except those notified by the central Government. Who Is A Consumer? As per the definition definition given under the Act, a ‘consumer’ means means – (a) Any pers person on who: who: i) Buys any goods, or ii) Hires or avails of any services, On payment, either in full or in installments installments or under hire purchase system; and (b) Any person who uses goods goods or is benefited from services, services, without making making any payment. However, any person who obtains such goods for resale or for any commercial purpose, is not regarded a consumer. Here, ‘commercial purpose’ includes any industrial purpose, but does not include goods bought by a consumer to be used exclusively by him for the purpose of earning his livelihood by means of self-employment. Besides, following persons have been held to be ‘consumer’: (i) Persons allotted plots or houses by the Housing and Development Board. (ii) Patients receiving medical treatment in a Government hospital. (iii) Patients getting treatment at a private nursing home. (iv) Persons selling /purchasing shares to a share-broker. share-broker. What Are Goods: ‘Goods’ have been defined to mean the same as per the definition under ‘Sale Of Goods Act. ‘Goods’ under that act means every kind of movable property except money and actionable claims claims,, and includ includes es stock stock and shares, shares, growin growing g crops crops and things things attach attached ed to or under under the contract of sale. For more detail, refer chapter on ‘sale of goods’. What Are Services: ‘Service’ means service of any description made available to potential users and includes banking, financing, insurance, transport, processing, supply of electrical and other energy,
boarding, boarding, lodging or both, entertainme entertainment, nt, amusemen amusementt and purveying purveying of news and other information. However, free services and personal services rendered under a contract have been excluded from the scope of the act. Primarily services must be of commercial nature i.e. they must be rendered on payment. However a beneficiary of the services, though not the hirer himself, is also regarded as the consumer. For instance, a nominee under an insurance policy and an actual user of the subscr subscribe iber’s r’s telep telephon hone, e, have have been been held held to be consu consumer mers. s. Besid Besides es,, patie patients nts who have have received the services of a doctor or a hospital ‘free of charge’ would be beneficiaries and thus regarded as a consumer under Sec. 2(1)(d).
Nature Of Protection Under The Act: The act is envisaged to promote and protect the following rights of the consumers. (i) (i) (ii) (ii) (iii) (iii) (iv) (iv) (v) (v)
(vi) (vi)
The The righ rightt to be pro prote tect cted ed aga again inst st the the mar marke keti ting ng of goo goods ds,, whic which h are are haza hazard rdou ous s to life and property. The right right to to be inform informed ed abou aboutt the qualit quality, y, pote potency ncy,, purit purity, y, sta standa ndard rd and and pric price e of goods and services so as to save and protect him against unfair trade practices. The righ rightt to be ass assure ured d acces access s to a vari variety ety of of goods goods and and servic services es at comp competi etitiv tive e prices. The righ rightt to be hea heard rd and and to be ass assure ured d that that consum consumers ers inte interes restt will will recei receive ve due due consideration consideration at appropriate forums. The The ri right ght to to se seek red redre ress ssa al ag against inst a) Unfair trade practices, or b) Restrictive trade practices, or c) Unscrupulous exploration, and The The righ rightt to to cons consum umer er educ educat atio ion. n.
Authorities Under The Act For fulfilling the objects of the Act, the Central Government has established the central consumer and the state governments have set up state consumer protection council in their respective states. The main function of these councils is to promote and protect the rights of a consumer, as aforesaid. Consumer Disputes Redressal Agencies: For hearin hearing g the compla complaint ints s of the consum consumers ers,, the follow following ing Redres Redressa sall agenci agencies es have have been been established at various levels: (1) District District Forum: Forum: A ‘Dist ‘Distric rictt Forum’ Forum’ is set up by the State State Govern Governmen mentt for each
district. Each District Forums is headed by a dist judge with two other members. The District District Forums have jurisdictio jurisdiction n to entertain entertain complaints complaints where where the value of the goods or services and the compensation claimed does not exceed Rs 5 lakh. (2) State Commission Commission:: A ‘Sta ‘State te Comm Commis issi sion on’’ is set set up by the the stat state e govt govt.. for for the the respective states. The State Commission shall be headed by a judge of the high court and shall have two other members. The State Commission shall have jurisdiction to entertain complaints where the value of goods or services and compensation, if any, claimed exceeds Rs 5 lakh but is less than Rs 20 lakh. The State Commission shall also hear appeals against the orders of the dist. Forum within the state. (3) National Commission: Commission: A National Commission is a set up by the Central Govt. the national commission shall be headed by a judge of the Supreme Court and consists of 4 other members.
The national commission has jurisdiction to hear complaints where the value of goods or services and compensation, if any, claimed exceeds Rs 20 lakh and shall also hear appeals against the orders of any state commission. Procedure Of Making Complaint: When can a complaint be made? A complaint shall lie in relation to any goods or services, where – a) As a result of any unfair unfair trade practi practice ce adopted adopted by the trader, trader, the complainan complainantt has suffered loss or damage. b) The goods goods suffer suffer from one one or more defects. defects. c) The servic services es suffer suffer from from defici deficiency ency in in any respe respect. ct. d) The trader trader has charged charged for the goods goods a price in excess excess of the price price fixed under under any law or the price printed or displayed on the goods or on a package containing such goods. Who can make a complaint A complaint in relation to any goods or services may be filed by The consumer himself; or Any recognized consumer association; or The central or state Government; or One or more consumers having common interest. Limitation period A complaint with the District Forum, the State Commission or the National Commission, with their respective jurisdiction, must be filed with in 2 years from the date on which the cause of action has arisen. However, the authority may condone the delay on being satisfied by the complainant and after recording the reasons for the same. Procedure on receipt of complaint On receipt of a complaint, the appropriate authority shall refer a copy of the same to the opposite party directing him to give his version of the case with in 30 days, which may be extended by another 15 days. If the opposite opposite party party denies denies or dis dispu putes tes the alleg allegati ations ons,, or fails fails to take take any action action to represent his case with in the stipulated time, the authority, in case of allegedly defective goods, shall obtain a sample and refer it for analysis and tests to the appropriate laboratory for its report with in 55 days. The complaint may be required to deposit the specified fees for the payment to the laboratory for carrying out the necessary necessary tests. On receipt of the report from the laboratory, the authority shall forward a copy thereof, with its remarks, to the opposite party. If any of the parties disputes the correctness of the findings of the laboratory, or questions the methods of analysis or tests conducted by the or questions the methods of analysis or tests conducted by the laboratory, the authority shall require the concerned party to submit its objections in writing. Thereafter, the authority shall give a reasonable opportunity to both the parties of being heard as to the correctness or otherwise of the laboratory’s report and issue an appropriate appropriate order. Complaint related to service If the complaint related to the service, the authority shall, after getting the version of the opposite opposite party, ask both the parties parties to produce produce evidence evidence in support of their their respectiv respective e claims, examine the evidence hear the parties and pass appropriate orders.
Powers of Dist. Forum /State Commission/National Commission The appropriate authority shall have the same powers as are vested in a civil court under the code of civil procedure, 1908. In case of difference of opinion on any point within the authority, the opinion of the majority shall be the order of the authority. Remedies available under the Act If after proceeding on the complaint the authority is satisfied that the complaint is valid and the defect or deficiency in goods or services, respectively, is proved, it shall issue on order to the opposite party directing him to do one or more of the following things: To remove the defect pointed out by the appropriate laboratory, To replace the goods with new goods which shall be free from defect. To return to the complaint the price of goods or the charges for service. compensation for any laws To pay to the complaint such amount as may be awarded, as compensation or injury suffered by the consumer, due to negligence of other party. To discontinue the unfair or restrictive trade practice and not to repeat it, Not to offer hazardous goods for sale and withdraw the hazardous goods. To provide for additional costs to the parties. Finality of orders: Every order of a Dist. Forum the state commission or the national commission shall be final if no appeal preferred such order under the provisions of this Act.
Appeals: i) Against the orders of dist. ForumForum - any person aggrieved by any order of the dist forum may prefer an appeal, before the state commissions in that state. ii)
Against Against the orders of state commission commission - An appeal lies against the orders of the State Commission, to the National Commission.
iii) Against the orders of National Commission—An Commission— An appeal against an order of the national commission may be made to the Supreme Court.
Enforcement of orders: Every order made by a Dist. Forum the State Commission or the National Commission may be enforced by them in the same manner as if it were a degree or order made by a court in a suit pending before it. Dismissal of frivolous or vexatious complaints: Where Where a compla complaint int filed filed before before the Dist. Dist. Forum Forum,, the state state commis commissio sion n or the Nation National al Commission is found to be frivolous or vexatious by them, they shall after recording the reasons in writing, dismiss the complaint and order the complaint to pay to the opposite party such costs, not exceeding 10,000/- as may be specified. Penalties: Where a trader or a person whom complaint is made fails or omits to complain with an order of Dist. Forum, the state commission or the National Commission, Commission, such trader or person shall be punishable with imprisonment imprisonment for a term of not less than 1 month which may extend to 3 years, or with fine which shall not be less than Rs 2000 but which may extend to 10,000/- or both. But a sentence lesser than minimum term and a fine lesser than the minimum amount can also be imposed according to the circumstances circumstances of any case.
ESSENTIAL COMMODITIES India, being a developing country with large population and uncertain monsoons affecting both its agricultural and industrial production, has often faced the problem of imbalance in the demand and supply of certain essential items. In the years of shortage India had to spend its precious foreign exchange on import of these items. The problem was worsened due to hoarding and black-marketing of the goods i.e., man-made shortage. Governing Act: With a view to regulati regulating ng producti production, on, distribu distribution, tion, storage, storage, pricing pricing etc. of certain certain items of mass consumption, the Essential Commodities Act, 1955 was enacted. The Act ensures easy availab availabilit ility y of essentia essentiall commoditi commodities es to consumer consumers s and protection protection from exploita exploitation tion by traders. The Act was amended from time to time to make its provisions more effective. In the 1981, when the Indian economy was plagued with shortage, the Essential Commodities (Special Provisions) Act, 1981, was enacted, to make the provisions of the main Act more stringent. The latter Act eased to be in force on 31.08.1997, and the Essential Commodities (Amendment) ordinance, 1998, has been promulgated, to take its place. The essentia essentiall Commoditi Commodities es Act through through various various control control orders orders regulate regulates s the producti production, on, prici pricing ng qualit quality, y, moveme movement, nt, dis distri tribut bution ion,, etc. etc. of certai certain n items items declar declared ed as ‘esse ‘essenti ntial al commodities’ under the Act. Originally, the Act applied to only 10 items, however, more items were added to and deleted from the list from time to time. The list of essential commodities at present contains 31 items. It may, may, howe howeve ver, r, be note noted d that that unde underr the the pres presen entt circ circum umst stan ance ces s when when Indi India a has has a flourishing economy with no complaints as to demand supply imbalances and liberalized econom economic ic regime regime,, the Act has has become become quite quite inesse inessenti ntial. al. Still, Still, we shall shall dis discus cuss s as few important provisions of the Act, in the following paragraphs. paragraphs. Essential Commodities (Amendment) Ordinance, 1998 The Essential Commodities (Special Provisions) Act, 1981, was enacted to strengthen the penal provisions of the main Act with a view to deterring persons indulging in hoarding, black marketing and profiteering in essential commodities.
The Act came into force on 1.9.1982 and expired on 31.8.1997 the Act has now been replaced by the Essential commodities (Amendment) Ordinance, 1998. The ordinance makes the following provisions: 1. As all offence offences s will be tried tried summar summarily ily by specia speciall courts courts,, the maximu maximum m period period of imprisonment is reduced from seven years to two years but the same is coupled with a fine. The minimum fine has been substantially substantially enhanced. 2. Imprisonm Imprisonment ent shall shall be for a period period of not less than than 3 months, months, except except in some specia speciall cases. 3. All offence offences s punish punishabl able e under under the Act shall shall be cogniz cognizab able le and and non-ba non-baila ilable ble except except some minor first time offences. 4. ‘Grant ‘Grant of bail’ bail’ shall not not be a routine routine matter matter but it shall shall be obligator obligatory y on the part of the the spec specia iall cour courts ts to give give an oppo opport rtun unit ity y to the the pros prosec ecut utio ion n to oppo oppose se bail bail application. 5. Seized Seized essential essential commodi commodities ties shall shall be sold through through PDS with retail retail price price being being fixed by Central Government. 6. Appeal Appeal against against order order of confiscati confiscation on of goods made by the Collecto Collectorr shall lie lie with the State Govt. instead of the judicial authority. The revised Essential Commodities (Amendment) Bill, 1999 incorporation of the above provisions is under consideration before the Parliament.
Essential Commodities: Following commodities have been declared or notified as ‘essential commodities’ under the Act: Declared under Clause (a) Section 2 of the Act 1. Cattle Cattle fodder, fodder, includin including g oil cakes cakes and other other concentrat concentrates. es. 2. Coal includin including g coke coke and and other other deriv derivativ atives. es. 3. Component Component parts parts and acces accessori sories es of automobil automobiles. es. 4. Cotton Cotton and and wool woolen en text textile iles. s. 5. Drugs. 6. Foodstuff Foodstuffs, s, includi including ng edible edible oilseeds oilseeds and oils. oils. 7. Iron and and steel, steel, including including manufa manufacture ctured d products products of iron and and steel. steel. 8. Paper Paper including including newspri newsprint, nt, paperbo paperboard ard and straw straw board. board. 9. Petrol Petroleum eum and and petrol petroleum eum produ products cts.. 10. Raw cotton, either ginned ginned or unginned, and and cottonseed. 11. Raw jute. jute. 12. Jute textiles textiles.. 13. Fertilizers, Fertilizers, whether inorganic, inorganic, organic or mixed. 14. Cement. Cement. 15. Textil Textile e Machi Machiner nery: y: (I) Knitti Knitting ng machin machine, e, (ii) (ii) Spinn Spinning ing Machi Machine, ne, (iii) (iii) Lace Lace makin making g machine, (iv) Power loom and (v) Processing machinery. 16. Textiles made made from silk. silk. 17. Textiles Textiles made wholly wholly or in part part from man-made man-made celluosi celluosic c and non-cellulos non-cellulosic ic spun fiber. 18. Textiles made wholly or in part from cellulosic cellulosic and non-cellulosic filament filament yarn. 19. General Lighting Lighting Service Lamps. 20. Household Appliances Appliances such as electric iron, heater and and the like. 21. Coconut husk (raw (raw or retted). retted). 22. Electric cables cables and wires. wires. 23. Man-made cellulosic cellulosic and non-cellulosic staple staple fiber. 24. Yarn made wholly or in part from any of the following materials namely: namely: (i) Cotton, (ii) wool, (iii) man-made cellulosic spun fiber, (iv) man-made non-cellulosic Spun fiber, (v) silk. 25. (i) Man-made cellulosic and non-cellulosic non-cellulosic filament yarn, (ii) Nylon tyre/cord/fabric.
26. Exercise Exercise books. books. 27. Coir fiber extracted extracted from coconut husks. 28. Insecticides, Insecticides, fungicides, weedicides weedicides and the like. 29. 29. Tea Tea 30. (i) Seeds of food-crops and and seeds of fruits and vegetables. vegetables. (ii) Seeds of cattle fodder, and (iii) Jute seeds 31. a) Switches for domestic and similar purpose. b) 2-Amp switches. c) 3-pin plugs and socket outlets. Control Orders: The Central and the State Government have issued a number of control orders in respect of the various essential commodities named above, for regulating their production, pricing, qualit quality, y, moveme movement, nt, dis distri tribut bution ion,, etc. etc. These These contro controll order orders s are are issue issued d with with follow following ing objectives – (a) Maintaining or increasing increasing supplies of any any essential essential commodity; or (b) Securing their equitable equitable distribution distribution and availability availability at fair prices; prices; (c) Securing any essential commodity commodity for defense defense purposes or military operations. operations.
Nature Of Restrictions The control control orders orders ordinar ordinarily ily provide provide for licensin licensing g of productio production, n, storage, storage, transport, transport, and distribution use or consumption of any essential commodity, price controls, prohibition or hoardi hoarding ng of any any essent essential ial commodit commodity y kept kept for sale, sale, compul compulsor sory y sale sale of a part part of the production to the Government, etc. On the basic of the restrictions provided in the control orders, the orders may be classified under following heads: (a)
Pric Price e Cont Contro roll Orde Orders rs – thes these e aims aims to ensu ensure re fair fair dist distri ribu buti tion on of cert certai ain n commodities to consumers at a reasonable price, to save them from the exploitative tendencies on the part of traders. Price control orders have been issued for coal, textiles, drugs, sugar, kerosene, light diesel oil, fertilizers, electric cables and wires, cinema carbon, insecticides and seeds.
(b)
Quality Control Orders – These are issued in respect of items considered vital for consumers; commodities where lack of standards may lead to loss of life and health hazards and where there is substantial defrauding of the consumer in articles of day to day need. Quality control order requires a third party guarantee or certification to assure the consumer of the purity and the standard of the goods. Theses orders have been issued in respect of coal, foodstuffs, oil seeds and oils, iron and steel (and its manufact manufactures ures). ). Petroleu Petroleum m and petroleu petroleum m products, products, cement, cement, general general service service lighting lamps, dry cells for torches, household appliances, dry cells and batteries for transistor radios and power threshers.
(c)
Movement Movement Control Control Order – These orders aim at restricting the movement of an item from a given place in the State in which it is produced to any State outside. The restrictions are based on the production and supply conditions of the specified items. The The Moveme Movement nt Contro Controll Order Order ensur ensures es proper proper dis distri tribut bution ion of an item item so that that it reaches the consumers at fair and reasonable prices. Fertilizers, sugar and Maize have been covered by such orders.
(d) Packing Packing Control Control Order – These orders require a reasonable degree of care in
packag packaging ing produc products ts with with a view view to ensur ensuring ing their their safet safety y and and preve preventi nting ng their their deterioration. Packaging restrictions have been laid down in respect of cotton fruit products. Sugar and insecticides. insecticides. (e)
Licensing Licensing Control Control Order -These orders lay down the licensing and registration procedure and require a trader in specified commodities to obtain a licence under the respective control order. At present there are control order covering textiles, staple fiber, newsprint, fertilizers, imported cement, insecticides, wheat products, fruit products, vegetable oils, jute and jute textiles, cinema carbons and petroleum products.
(f)
Stock and Storage Control Order – These orders have been issued for preventing hoarding by placing restrictions on stock holdings of a number of commodities like cotton cotton,, pulses pulses,, edible edible oils, oils, seeds seeds and and edibl edible e oils, oils, vegeta vegetable ble oils, oils, seeds seeds,, sugar sugar,, kerosene, cinema carbons, imported cement, petroleum and insecticides.
(g)
Usage Usage Control Control Order Order - These These contro controll orders orders place place restri restricti ctions ons on use use of the controlled item, for purposes other than those specified in the order. Theses orders are issued with a view to ensuring that items covered reach the target consumers. The items covered by such restrictions are gur, LPG, kerosene, high-speed diesel oil and copper.
(h)
Distribution Control Order – The basic objective of these orders is regulating the supply of specified product and distributing it with the specific terms and conditions imposed under the order, to ensure fair and equitable distribution to all sections of consum consumers ers.. Items Items covere covered d are are seeds, seeds, cinema cinema carbo carbon, n, LPG, LPG, textil textiles, es, fertil fertilize izers rs,, petroleum products, lubricating oil and greases, sugarcane and paraffin wax. The distribution may be restricted from retail outlet or manufacturing outlet. Production Control Order – Coal, textiles and petroleum products are the three items covered under production control orders. The objectives of all the three are different.
(i)
Coal Coal Order Order of 1945 1945 impose imposed d produc productio tion n contro controls ls on coal. coal. Petro Petroleu leum m Produ Products cts (Maintenance of Production) order, 1970 restricted the production of any petroleum product for a continuous period of any 12 months during the 3 years immediately preceding the commencement of the order. Textile Control Order, 1986 regulated production of cotton yarn, woolen yarn or man-made man-made yarn, installa installation tion and working of handlooms handlooms,, iss issued ued direction directions s as to quantities of production, maximum price, packaging of yarn and prohibiting sale of any cloth or yarn at a price more than the maximum price specified under the order. Penal Provisions Of The Act: Act : The Act provides for the following penal measures: (1) Where Where there is a contra contraven ventio tion n of any any contro controll order order in relat relation ion to an essen essentia tiall commodity, the essential commodity may be seized and confiscated. (2) (2) An Any y pers person on,, who who cont contra rave vene nes s any any cont contro roll orde order, r, shal shalll be puni punish shab able le with with imprisonment upto seven years (minimum three months), and also be liable to fine. Besides, any property in respect of which the order has been contravened and any package, covering or receptacle in which the property is found, shall be forfeited to the Government. (3) Any person who fails fails to carry on an undertaking undertaking in accordance accordance with the directions directions of the authorized controller shall be punishable with imprisonment upto seven years (minimum three months) and also liable to fine.
NOTE: Any person who attempts to contravene, or abets a contravention, of any order, shall be deemed to have contravened that order.
