Envlaws 1

Hemendra Raval Environmetal Legislation of India
ENVIRONMENTAL LEGISLATION IN INDIA
THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974

NO. 6 OF 1974
[23rd March, 1974.]
An Act to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water,
for the establishment, with a view to carrying out the purposes aforesaid, of Boards for the prevention and control of water
pollution, for conferring on and assigning to such Boards Powers and functions relating thereto and for matters connected
therewith.
WHEREAS it is expedient to provide for the prevention and control of water pollution and the maintaining or restoring of
wholesomeness of water, for the establishment, with a view to carrying out the purposes aforesaid, of Boards for the prevention
and control of water pollution and for conferring on and assigning to such Boards powers and functions relating thereto;
AND WHEREAS Parliament has no power to make laws for the States with respect to any of the matters aforesaid except as
provided in articles 249 and 250 of the Constitution;
AND WHEREAS in pursuance of clause (1) of article 252 of the Constitution resolutions have been passed by all the Houses of the
Legislatures of the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya
Pradesh, Rajasthan, Tripura and West Bengal to the effect that the matters aforesaid should be regulated in those States by
Parliament by law; BE it enacted by Parliament in the Twenty-fifth Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short title, application and commencement.
(1) Short title, application and commencement. This Act may be called the Water (Prevention and Control of s Pollution) Act,
1974.
(2) It applies in the first instance to the whole of the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and
Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal and the Union territories; and it shall apply to
such other State which adopts this Act by resolution passed in that behalf under clause (1) of article 252 of the Constitution.
(3) It shall come into force, at once in the States of Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka,
Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal and in the Union territories, and in any other State which adopts
this Act under clause (1) of article 252 of the Constitution on the date of such adoption and any reference in this Act to the
commencement of this Act shall, in relation to any State or Union territory, mean the date on which this Act comes into force in
such State or Union territory.
2. Definitions.
In this Act, unless the context otherwise requires,-
(a) "Board" means the Central Board or State Board;
1
[(b) " Central Board" means the Central Pollution Control Board Constituted under section3;]
(c) "members" means a member of a Board and includes the chairman thereof;
2[(d) "occupier", in relation to any factory or premises, means the person who has control over the affairs of the factory
or the premises, and includes, in relation to any substance, the person in possession of the substance.]
3 [(dd) "outlet" includes any conduit pipe or channel, open or closed carrying sewage or trade effluent or any other
holding arrangement which causes, or is likely to cause, pollution;]
(e) "pollution" means 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 organisers;
(f) "prescribed" means prescribed by rules made under this Act by the Central Government or, as the case may be, the
State Government,
(g) "sewage effluent" means effluent from any sewerage system or sewage disposal works and includes sullage from
open drains;
4
[(gg) "sewer" means any conduit pipe or channel, open or closed, carrying sewage or trade effluent;]
5
[(h) "State Board" means a State Pollution Control Board constituted under section 4"];
(i) "State Government" in relation to a Union territory means the Administrator thereof appointed under article 239 of
the Constitution;
(j)"stream" includes-
(i) river;
(ii) Water course (whether flowing or for the time] being dry);
(iii) inland water (whether natural or artificial);]
(iv) subterranean waters;
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(v) sea or tidal waters to such extent or, as the case may be, to such point as the State Government may, by
notification in the Official Gazette, specify in this behalf ;
(k) "trade effluent" includes any liquid, gaseous or solid substance which is discharged from any premises used for
carrying on any 6["Industry, operation or process, or treatment and disposal system" other than domestic sewage.
1
Subs. by Act 53 of 1988, s. 2 for cls. (b), (d) and (h).
2
Ins. by Act 44 of 1978, s. 2.
3
Subs by Act 53 of 1988, s. 2, for "trade or industry".
4
Ins. by Act 44 of 1978 s. 2.
5
Subs. by Act 53 of 1988, s. 2 for cls. (b), (d) and (h).
6
Subs. by Act 53 of 1988, s. 2 'or "trade or industry".
THE WATER (PREVENTION AND CONTROL OF POLLUTION) RULES, 1975

[Dated the 27th February. 1975]
1
[G.S.R. 58(E).-In exercise of the powers conferred by section 63 of the Water (Prevention and Control of Pollution) Act, 1974 (6
of 1974) the Central Government after consultation with Central Board for the Prevention and Control of Water Pollution, hereby
makes the following rules, namely:-
CHAPTER I
PRELIMINARY
1. Short title and commencement.
(1) These rules may be caned-the Water (Prevention and Control of Pollution) Rules, 1975.
(2) They shall come into force on the date of their publication m the Of ficial Gazette.
2. Definitions.
In these rules unless the context otherwise requires:
(a) "Act" means the Water (Prevention and Control of Pollution) Act,
(b) "Chairman" means the Chairman of the Central Board;
(c) "Central Board Laboratory" means a laboratory established or recognised as such under sub-section (3) of section
16;
(d) "Central Water Laboratory" means a laboratory established or specified as such under sub-section (I) of section 51;
(e) "Form" means a form set out in Schedule I;
(f) "Member" means a member of the Central Board and includes the Chairman thereof;
(g) "Member-Secretary" means the Member-Secretary of the Central Board;
(h) "Section" means a section of the Act;
(i) "Schedule" means a schedule appended to these rules;
(j) "Year" means the financial year commencing on the first day of April.
CHAPTER 2
TERMS AND CONDITIONS OF SERVICE OF THE MEMBERS OF THE CENTRAL BOARD AND OF COMMITTEES OF CENTRAL
BOARD
3. Salaries, allowances and other conditions of service of the Chairman.
(1) The Chairman shall be paid a fixed monthly salary of Rs. 3000.
2
[(2) (a) in addition to the salary specified in sub-rule (1), the chairman shall be entitled to city compensatory allowance
and house rent allowance as admissible to a Central government servant in terms of Ministry of Finance (Department of
Expenditure) O.M. No. 2(3)-E. II(B)/64, dated the 27th November, 1965
Provided that where the Chairman is allotted an accommodation by the Central Government, he shall not be entitled to
house rent allowance and shall be required to pay ten per cent of the emoluments drawn by him as house rent or license
fee.
(b) in respect of journeys undertaken by the Chairman in connection with his duties as Chairman, he shall be entitled to
travelling allowance and daily allowance at the rates permissible in the case of a government officer of equivalent rank
under the Supplementary Rules of the Central Government:
(c) the Central Board shall provide to the Chairman, medical facilities as admissible to an office of the Central
Government drawing salary of Rs. 3000/- per mensem.]
(3) Notwithstanding anything contained in sub-rules (1) and (2), where a
Government servant is appointed as Chairman, the terms and conditions of his service shall be such as may be specified by the
Central Government from time to time.
4. Salaries, allowances and other conditions of service of Member-Secretary.
(l) The Member-Secretary shall be paid a monthly pay in the scale of Rs. 2250-125-2500.
(2) (a) In addition to the salary specified in sub-rule (1) the Member-Secretary shall be entitled to city compensatory
allowance and house rent allowance as admissible to a Central Government servant in terms of Ministry of Finance
(Department of Expenditure) O.M. No. 2(3)-E. II(b)/64, dated the 27 th November, 1965:
Provided that where the Member-Secretary is allotted an accommodation by the Central Government he shall not be
entitled to house rent allowance and shall be required to pay ten per cent-of the emolument drawn by him as house rent
or license fee.
(b) in respect of journeys undertaken by the Member-Secretary in connection with his duties as Member-Secretary he
shall be entitled to travelling allowance and daily allowance at the rates permissible in the case of a Government Officer
of equivalent rank under the Supplementary Rules of the Central Government;
(c) the Central Board shall provide to the Member-Secretary, medical facilities as admissible to an officer of the Central
Government drawing salary in the scale of Rs. 2250-2500 per mensem.
(d) the other terms and conditions of service of the Member-Secretary including allowances payable to him, shall be, as
far as may be, the same as are applicable to a Grade I Officer of corresponding status of the Central Government.
(3) Notwithstanding anything contained in sub-rules (I) and (2) where a Government servant is appointed as Member-Secretary,
the terms and conditions of his service shall be such as may be specified by the Central Government from time to time.
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5. Terms and conditions of service of members of the Central Board.
(1) Non-official members of the Central Board resident in Delhi shall be paid an allowance of rupees seventy five per day for each
day of the actual meetings of the Central Board.
(2) Non-official members of the Central Board, not resident in Delhi shall be paid an allowances of rupees 3[seventy five] per day
(inclusive of daily allowance) for each day of the actual meetings of the Central Board and also travelling allowance at such rate as
is admissible to a Grade I officer of the Central Government.
Provided that in case of a member of Parliament who is also a member of the Central Board, the said daily and travelling
allowance will be admissible when the Parliament is not in session and on production of a certificate by the member that he has
not drawn any such allowance for the same journey and halts from any other Government source.
6. Fees and allowances to be paid to such members of a committee of the Central Board as are not members of the
Board under sub-section (3) of section 9.
A member of a committee of the Central Board shall be paid in respect of meetings of the committee travelling and daily
allowances, if he is a non-official, at the rates specified in rule 5, as if he were a member of the Central Board and, if he is a
Government servant, at the rates, admissible under the relevant rules of the respective government under whom he is serving.
CHAPTER 3
POWERS AND DUTIES OF THE CHAIRMAN AND MEMBER SECRETARY AND APPOINTMENTS OF OFFICERS' AND
EMPLOYEES
7. Powers and duties of the Chairman.
(1) The Chairman shall have overall control over the day-to-day activities of the Central Board.
(2) (i) The Chairman may undertake tours within India for carrying out the functions of the Central Board:
Provided that he shall keep the Central Government (Secretary to the Ministry of Works and Housing) and the Central Board,
informed of his tours.
(ii) The Chairman may, with the prior approval of the Central Government, visit any country outside India.
(3) * * * * 4
(4) In the matter of acceptance to tenders, the Chairman shall have full powers subject to the concurrence of the Central board:
Provided that no such occurrence is required for acceptance of tenders upto an amount of rupees one thousand in each case.
(5) Subject to overall sanctioned budget provision, the Chairman shall have full powers to administratively approve and sanction
all estimates.
8. Creation and Abolition of posts.
The Central Board may create such posts as it considers necessary for the efficient performance of its functions and may abolish
any post, so created:
Provided that for the creation of, and appointment to, posts, the maximum of the scale of which is above Rs. 1,600 per month,
the Central Board shall obtain prior sanction of the Central Government.
9. Powers and duties of the Member-Secretary.
The Member-Secretary shall be subordinate to the Chairman and shall, subject to the control of the Chairman, exercise the
following powers, namely:-
(1) The Member-Secretary shall be in charge of all the confidential papers of the Board and shall be responsible for preserving
them.
(2) The Member-Secretary shall produce such papers whenever so directed by the Chairman or by the Central Board.
(3) The Member-Secretary shall make available to any member of the Central Board, for his perusal, any record of the Board.
(4) The Member-Secretary shall be entitled to call for the services of any officer or employee of the Central Board, and files,
papers and documents for study from any department of the Board,-as also to carry out inspection of any department at any time
including checking of accounts, vouchers, bills and others records and stores pertaining to the Board or regional offices
thereunder.
(5) The Member-Secretary may withhold any payment:
Provided that as soon as may be 5[and in any case not later than three months] after such withholding of payment the matter
shall be placed before the Central Board for its approval:
(6) The Member-Secretary shall make all arrangements for holding meetings of the Central Board and meetings of the
Committees constituted by the Central Board.
(7) All orders or instructions to be issued by the Central Board shall be over the signature of the Member-Secretary or of any
other officer authorised in this behalf by the Chairman.
(8) The Member-Secretary shall authorise, sanction or pass all payments against allotments made or estimates sanctioned.
(9) The Member-Secretary shall write and maintain confidential reports of all Class I and Class II officers of the Central Board and
shall get them countersigned by the Chairman.
(10) The Member-Secretary shall countersign the confidential reports of all the Class III employees of the Central Board.
(11) (i) The Member-Secretary shall sanction the annual increments of the Class I and Class II officers of the Central Board:
Provided that the increment of Class I and Class II officers shall be withheld only with the approval of the Chairman.
(ii) The annual increment of other employees of the Central Board not referred to in clause (i) shall be sanctioned by
officers authorised in this behalf by the Member-Secretary.
(12) The Member-Secretary shall have full powers for according technical sanction to all estimates.
(13) The Member-Secretary shall exercise such other powers and perform such other functions as may be delegated to him from
time to time either by the Board or by the Chairman.
CHAPTER 4
TEMPORARY ASSOCIATION OF PERSONS WITH CENTRAL BOARD
10. Manner and purpose of association of persons with Central Board.
(1) The Central Board may invite any persons, whose assistance or advice it considers useful to obtain in performing any of its
functions, to participate in the deliverations of any of its meetings.
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(2) If the person associated with the Board under sub-rule (1) happens to be a non-official, resident in Delhi, he shall be entitled
to get an allowance of 6[rupees seventy five] per day for each day of actual meeting of the Central Board in which he is so
associated.
(3) If such person is non-resident in Delhi, he shall be entitled to get an allowance of rupees seventy-five per day (inclusive of
daily allowance) for each day of actual meeting of the Central Board in which he is so associated and also to travelling allowance
at such rates as admissible to a Grade I Officer of the Central Government.
(4) Notwithstanding anything in sub-rule (2) and (3), if such person is Government servant or an employee in a Government
undertaking he shall be entitled to travelling and daily allowances only at the rates admissible under the relevant rules applicable
to him.
CHAPTER 5
CONSULTING ENGINEER
11. Appointment of consulting engineer.
For the purpose of assisting the Central Board in the performance of its functions, the Board may appoint a consulting engineer to
the Board for a specified period not exceeding four months:
Provided that the Board may, with the prior approval of the Central Government extend the period of the appointment from time
to time:
Provided further that if at the time of the initial appointment the Central Board had reason to believe that the services of the
consulting engineer would be required for a period of more than four months, the Central Board shall not make the appointment
without the prior approval of the Central Government.
12. Power to terminate appointment.
Notwithstanding the appointment of a consulting engineer for a specified period under rule 11, the Central Board shall have the
right to terminate the services of the-consulting engineer before the expiry of the specified period, if, in the opinion of the Board,
the consulting engineer is not discharging his duties properly or to the satisfaction of the Board or such a course of action is
necessary in the public interest.
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[Provided that the services of a consulting engineer shall not be terminated under this rule by the Central Board except after
giving him a reasonable opportunity of showing cause against the proposed action.]
13. Emoluments of the consulting engineer.
The Central Board may pay the consulting engineer suitable emoluments or fees depending on the nature of work, and the
qualifications and experience of the consulting engineer:
Provided that the Central Board shall not appoint any person as consulting engineer without the prior approval of the Central
Government if the emoluments or fees payable to him exceeds rupees two thousand per month.
14. Tours by consulting engineer.
The consulting engineer may undertake tours within the country for the performance of the duties entrusted to him by the Central
Board and in respect of such tours he shall be entitled to travelling and daily allowances as admissible to a Grade I officer of the
Central Government. He shall, however, get the prior approval of the Member-Secretary to his tour programme.
15. Consulting engineer not to disclose information.
The consulting engineer shall not disclose any information either given by the Central Board or obtained during the performance of
the duties assigned to him either from the Central Board or otherwise, to any person other than the Central Board without the
written permission of the Board.
16. Duties and functions of the consulting engineer.
The consulting engineer shall discharge such duties and perform such functions as are assigned to him, by the Central Board and
it will be his duty to advice the Board on all technical matters referred to him by the Board.
CHAPTER 6
BUDGET OF THE CENTRAL BOARD
17. Form of budget estimates.
(1) The budget in respect of the year next ensuing showing the estimates receipts and expenditure of the Central Board shall be
prepared in Forms I, II, III and IV and submitted to the Central government.
(2) The estimated receipts and expenditure shall be accompanied by the revised budget estimates for the current year.
(3) The budget shall, as far as may be, based on the account heads specified in Schedule II.
18. Submission of budget estimates to the Central Board.
(1) The budget estimates as compiled in accordance with rule 17 shall be placed by the Member-Secretary before the Central
Board by the 5th October each year for approval.
(2) After approval of the budget estimates by the Central Board, four copies of the final budget proposals incorporating therein
such modifications as have been decided upon by the Central Board shall be submitted to the Central Government by the l5th
October each year.
19. Estimates of establishment expenditure and fixed recurring charges.
(1) The estimates of expenditure on fixed establishment as well as fixed monthly recurring charges on account of rent,
allowances, etc., shall provide for the gross sanctioned pay without deductions of any kind.
(2) To the estimates referred to in sub-rule (I) shall be added a suitable provision for leave salary based on past experience with
due regard to the intention of the members of the staff in regard to leave as far as the same can be ascertained.
(3) If experience indicates that the total estimate for fixed charges referred to in sub-rules (l) and (2) is not likely to be fully
utilised, a suitable lump deduction shall be made from the total amount estimated.
20. Re-appropriations and emergent expenditure.
No expenditure which is not covered by a provision in the sanctioned budget estimates, or which is likely to be in excess over the
amount provide under any head, shall be incurred by the Central Board without provision being made by re-appropriation from
some other head under which saving are firmly established and available.
21. Power to incur expenditure.
The Central Board shall incur expenditure out of the funds received by it in accordance with the instructions laid down under the
General Financial Rules of the Central Government and other instructions issued by that Government from time to time.
22. Operation of fund of the Central Board.
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The fund of the Central Board shall be operated by the Member-Secretary of the Central Board or in his absence by any officer of
the Central Board who may, subject to the approval of the Central Government, be so empowered by the Central Board.
23. Saving.
Nothing in this Chapter shall apply to a budget already finalised before the commencement of these rules.
CHAPTER 7
ANNUAL REPORT OFTHE CENTRAL BOARD
24. Form of the annual report.
The annual report in respect of the year last ended giving a true and full account of the activities of the Central Board during the
previous financial year shall contain the particulars specified in the 8[Schedule III].
CHAPTER 8
ACCOUNT OF THE CENTRAL BOARD
25. Form of annual statement of accounts of the Central Board.
The annual statement of accounts of the Central Board shall, be in Forms V to IX.
CHAPTER 9
REPORT OF CENTRAL BOARD ANALYST 9[AND THE QUALIFICATIONS OF ANALYSTS]
26. Form of report of Central Board Analyst.
When a sample or any water, sewage or trade effluent has been sent for analysis to a laboratory established or recognised by the
Central Board, the Central Board analyst appointed under sub-section (3) of section 53 shall analyse the sample and submit to the
Central Board a report in triplicate in Form X of the result of such analysis.
[26A. Persons possessing the following qualifications are eligible for appointment as Government analysts or as Board analysts
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under sub-section (I) or sub-section (3), as the case may be, of section 53, namely:
Essential:-
(i) M.Sc. Degree in Chemistry or equivalent or Bachelor Degree in Chemical Engineering or Bio-chemical Engineering;
and
(ii) 10 years' experience in analysis of water, sewage or industrial wastes in teaching, research or Government
Laboratory.
Desirable.-
(i) Doctorate Degree in Chemistry or Bio-chemistry or Master's Degree in Chemical Engineering or Bio-chemical
Engineering;
(ii) Evidence of published papers in the field.
CHAPTER 10
CENTRAL WATER LABORATORY
27. Functions of the Central Water Laboratory.
The Central Water Laboratory shall cause to be analysed any samples of water, sewage or trade effluent received by it from any
officer authorised by the Central Board for the purpose, and the findings shall be recorded in triplicate in Form XI.
[28. Fee for report.
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The fees payable in respect of each report of the Central Water Laboratory on any analysis or test mentioned in column (2) of
Schedule IV shall be at the rates specified in the corresponding entry in column (3) thereof.]
CHAPTER 11
POWERS AND FUNCTIONS OF THE CENTRAL BOARD IN RELATION TO UNIQN TERRITORIES
29. Central Board to act as State Board for Union Territories.
The Central Board shall act as State as State Board for Union territories under sub-section (4) of section 4.
30. Power to take samples.
The Central Board or any officer empowered by it in this behalf. Shall have power to take for the purpose of analysis samples of
water from any stream or well or samples of sewage or trade effluent which is passing from any plant or vessel or from or over
any place into any such stream or well in any Union territory.
31. Form of Notice.
A notice under clause (a) of sub-section (3) of section 21 shall, in the case of a Union territory, be in Form XII.
[32. Application of consent.
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An application for obtaining the consent of the Central Board for establishing or taking any steps to establish any industry,
operation or process or any treatment and disposal system or any extension or addition thereto, which is likely to discharge
sewage or trade effluent into a stream or well or sewer or on land (such discharge being hereinafter in this Rule referred to as
discharge of sewage); or for bringing into use any new or altered outlet for the discharge of sewage or beginning to make any
new discharge of sewage under section 25 or for continuing an existing discharge of sewage under section 26 shall be made to the
Central Board in Form XIII.]
33. Procedure for making inquiry into application for consent.
(1) On receipt of an application for consent under section 25 or section 26, the Central Board may depute any of its Officers,
accompanied by as many assistants as may be necessary, to visit to the premises of the applicant, to which such application
relates, for the purpose of verifying the correctness or otherwise of the particulars furnished in the application or for obtaining
such further particulars or information as such officer may consider necessary. Such officer may for that purpose inspect any place
where water or sewage or trade effluent is discharged by the applicant, or treatment plants, purification works or disposal systems
of the applicant and may require the applicant to furnish to him any plans, specifications and other data relating to such treatment
plants, purification works or disposal systems or any part thereof, that he considers necessary.
(2) Such officer shall before visiting any premises of the applicant for the purpose of inspection under sub-rule (1) above, give
notice to the applicant of his intention to do so in Form XIV. The applicant shall furnish to such officer all facilities that such officer
may legitimately require for the purpose.
(3) An officer of the Central Board may, before or officer carrying out an inspection under sub-rule (1) above, require the
applicant to furnish to him, orally or in writing such additional information or clarification, or to produce before him such
documents, as he may consider necessary for the purpose of investigation of the application and may, for that purpose, summon
the applicant or his authorised agent to the office of the Central Board.
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[34. Directions.
(1) any direction issued under section 33A shall be in writing.
(2) The direction shall specify the nature of action to be taken and the time within which it shall be complied with by the person,
officer or the authority to whom such direction is given.
(3) The person, officer or authority to whom any direction is sought to be issued shall be served with a copy of the proposed-
direction and shall be given an opportunity of not less than fifteen days from the date of service of a notice to file with an officer
designated in this behalf the objections, if any, to the issue of the proposed direction.
(4) Where the proposed direction is for the stoppage or regulation of electricity or water or any other services affecting the
carrying on an industry, operation or process and is sought to be issue to an officer or an authority, a copy of the proposed
direction shall also be endorsed to the occupier of the industry, operation or process, as the case may be, and objections, if any,
filed by the occupier with an officer designed in this behalf shall be dealt with in accordance with the procedures under sub-rules
(3) and (5) of this rule:
Provided that no opportunity of being heard shall be given to the occupier, if he had already been heard earlier and the proposed
direction referred to in sub-rule (3) above for the stoppage or regulation of electricity or water or any other service was the
resultant decision of the Central Board after such earlier hearing.
(5) The Central Board shall within a period of 45 days from the date of receipt of objections, if any, or from the date upto which
an opportunity is given to the person, officer or authority to file objections whichever is earlier, after considering the objections, if
any, sought to be directed and for reasons to be recorded in writing, confirm, modify or decide not to issue the proposed direction.
(6) In a case where the Central Board is of the opinion that in view of the likelihood of the grave injury to the environment it is
not expedient to provide an opportunity to file objections against the proposed direction, it may, for reasons to be recorded in
writing, issue directions without providing such an opportunity.
(7) Every notice or direction required to be issued under this rule shall be deemed to be duly served:-
(a) Where the person to be served is a company, if the document is addressed in the name of the company and its registered
office or at its principal office or place of business and is either-
(i) sent by registered post; or
(ii) delivered at its registered office or at the principal office or place or business;
(b) Where the person to be served is an officer serving Government, if the document is addressed to the person and a copy
thereof is endorsed to his Head of the Department and also to the Secretary to the Government as the case may be, in charge of
the Department in which for the time being the business relating to the Department in which the officer is employed is transacted
and is either-:
(i) sent by registered post, or
(ii) is given or tendered to him;
(c) in any other case, if the document is addressed to the person to be served and-
(i) is given or tendered to him, or
(ii) if such persons cannot be found, is affixed on some conspicuous part of his last known place of residence or business
or is given or tendered to some adult members of his family or is affixed on some conspicuous part or the land or
building, if any, to which it relates, or
(iii) is sent by registered post to that person.
Explanation:- For the purpose of this sub-rule:-
(a) "company" means by body corporate and includes a firm or other association of individuals;
(b) "a servant" is not a member of the family.
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[35. Manner of giving notice.
The manner of giving notice under clause (b) of sub-section (1) of section 49 shall be as follows. namely:-
(1) The notice shall be in writing in Form XV;
(2) If the alleged offence has taken place in a Union Territory, the person giving notice may sent notice to:-
(i) the Central Board, and
(ii) the Ministry of Environmental and Forests (represented by the Secretary to the Government of India);
(iii) the Administrator of the Union Territory (represented by the Secretary Head in charge of Environment).
(3) The notice shall be sent by registered post acknowledgement due; and
(4) The period of sixty days mentioned in clause (b) of sub-section (l) of section 49 of the Act, shall be reckoned from the date it
is first received by one of the authorities mentioned in sub-rule (2).]
1
Source: Gazette of India, Extraordinary, 1975, Pt. II-Section 3, sub-section (i) Page 293.
2
Substituted by G.S.R. 515 (E), dated 30.10.1978.
3
Substituted by G.S.R. 352, dated 21.2.1976.
4
Omitted by G.SR. 36 (E) dt. 29-1-81.
5
Subs. by G.S.R. 352 dated 21-2-1976.
6
Sub. by G.S.R. 352, dated 21-2-1976.
7
Sub. by G.S.R. 352, dated 21-2-1976.
8
Omitted by G.S.R. 717(E) dt. 27-7-89.
9
Subs. by G.S.R. 377(E) dt 20-7-78.
10
Instituted by G.S.R. 1260 dt. 17-8-76.
11
Sub. by G.S.R. 377(E) dt. 20-7-78.
12
Subs. by G.S.R. 717(E} dt. 27-7-89.
13
Ins. by G.S.R. 717(E) 27-7-89.
14
Ins. by G.S.R. 717(E) dL 27-7-89.
[Ministry of Works and Housing, Q. 15015/49/74/PC] Gazette of India, Extraordinary 1915 Pt-II Section 3(i) P 293.
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SCHEDULE I
FORM I
CENTRAL POLLUTION CONTROL BOARD
DETAILED BUDGET ESTMIATES FOR THE YEAR 19__
(See rule 17)
ADMINISTRATION
(Expenditure)
Head of Actuals for the past Sanctioned Actuals of last Actuals of last Revised Budget Variations Variations Explanation for
Account three years estimate for the six months six months of estimate for estimate for between columns between columns columns 10 and
current year i.e., year the current the current the next 5 and 8 8 and 9 11
19__ 19__ -19__ year 19__ year 19__ year
19 19 19
1 2 3 4 5 6 7 8 9 10 11 12
FORM II
ESTABLISHMENT
Statement of details of provisions proposed for pay of officers/Establishment for the year 19-19
(See rule 17)
1 2 3 4 5 6 7
Name and Reference to Sanctioned Pay of the Post Amount of Increment falling due within the year Total provision for Remarks
designation page of provision for the the year, i.e., total
estimate form year at the rate in of columns 4&5 (c)
column 3(c)
Min. Max-Actual pay of the person Date of Rate of Amount of

concerned due on Ist April Next increment (a) increment (b) increment for
year the year (c)
(a) (b) (c)
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FORM III
NOMINALROLLS
(See rule 17)
R.E. 19 __19 /B.E. 19__ __19
Name and Pay Dearness City House rent Over-time Children Leave travel Other Total
designation allowance Compensatory Allowance Allowance Educational concession Allowance
1 2 3 4 5 6 7 8 9 10
TOTAL
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FORM IV
CENTRAL POLLUTION CONTROL BOAKD
ABSTRACT NOMINAL ROLLS
(See rule 17)
Actual sanctioned Particulars of Sanctioned Budget Revised Estimates Budget Estimates Explanation for the
strength as on 1st posts difference between
March, 19 Grant 19 -19 19 -19 19 -19 sanctioned Budget Grant
Revised Estimates and
Budget Estimates
No. of posts Pay and No. of posts Pay and No. of posts Pay and
included allowances included allowances included allowances
1 2 3 4 5 6 7 8 9
I Officers
(a) Posts filled
(b) Posts vacant
Total I Officers
II Establishment
(a) Posts filled
(b) Posts vacant
Total II Establishment
III Class IV
(a) Posts filled
(b) Posts vacant
Total III Class IV
CRAND TOTAL -- I, II and III.
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FORM V
CENTRAL POLLUTION CON1'ROL BOARD
Receipts and Payments for the year ended
(See rule 25)
Previous year Receipts Previous year Payments
1 2 3 4
Opening Balance ___________ 1. Capital Expenditure___

I. Grants received ___________ (i) Works ________________
(a) from Government _________ (ii) Fixed Assets _______
(b) from other agencies________ (iii) Other Assets______
II. Fees_______ (a) Laboratory Equipment
(b) Vehicles
(c) Furnitures and Fixtures
(d) Scientific Instruments and
(e) Tools and Plant
2. Revenue Expenditure________
III. Fines and Forfeitures. (A) Administrative ____ _____

IV. Interest of investments. (i) Pay of Officers ____________
V. Miscellaneous Receipts. (ii) Pay of Establishment
VI. Miscellaneous Advances. (iii) Allowances and Honoraria
VII. Deposits (iv) Leave Salary and Pension
Contributions ____________
(v) Contingent Expenditure ___________
Deduct Recoveries___
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TOTAL (B) (i) Board Laboratory.

(ii) Charges to be paid to the
Central Water Laboratory.
(C) Running and Maintenance
of vehicles ______________
(D) Maintenance and Repairs
(i) Building and land Drainage
including rents, ir any ______
(ii) Works _____________
(iii) Furniture and Fixtures
(iv) Scientific Instruments and Office Appliance and repairs)
(v) Tools and Plants_
(vi) Temporary works (including maintenance and repairs)
(E) Fees to Consultants and Specialists______
(F) Law charges_____
(G) Miscellaneous_______
(H) Fees for Audit___
3. Purchases___________________
4. Miscellaneous_____________
5. Advances_____________________
6. Deposits___________
Closing Balance ___________
Member Secretary
Member Secretary
Accounts Officer Member Secretary Chairman
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FORM VI
CENTRAL, POLLUTION CONTROL BOARD
ANNUAL STATEMENT OF ACCOUNT
Income and Expenditure Account for the year ended 31st March, 19
(See rule 25)
Previous year Expenditure Total of sub-head Total of major Previous year Income Details Total of sub-head Total of major
Details head head
1 2 3 4 5 6 7 8
Rs. Rs. Rs. Rs. Rs. Rs.
To By
REVENUE EXPENDITURE (I) GRANTS RECEIVED
(A) Administrative: (a) From Govt.
(i) Pay or Officers (b) From other agencies.
(ii) Pay of establishment Total:
(iii) Allowances & Honoraria Less:
(iv) Leave salary and Pension Contributions Amount utilised for Capital expenditure
(v) Board's Contributions to the staff Provident Fund net grant available for Revenue expenditure.
(vi) Contingent expenditure (II) Fees:-
Deduct Recoveries (III) Service Rental charges.
(B) Running expenses of Laboratories: (IV) Fines and Forfeitures.
(i) Main Laboratory (V) Interest on investments
(ii) Payments to be made to Central Water Laboratory (VI) Miscellaneous Receipts.
(C) Running and Maintenance of Vehicle (VII) Excess of expenditure over income.
(D) Maintenance and Repairs:
(i) Building and Land Drainage
(ii) Works
(iv) Scientific instruments and office appliances.
(v) Tools and plant.
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(E) Temporary works Total:

(including Maintenance and Repairs)
(F) Fees to Consultants and Specialists
(G) Law Charges.
(H) Depreciation:
(i) Buildings.
(ii) Laboratory Equipment.
(iii) Vehicles.
(iv) Furniture and Fixtures.
(v) Scientific instruments and office appliances.
(vi) Tools and plants.
(I) Miscellaneous:
(i) Write off of olosses (as per details in the statement attached).
(ii) Other miscellaneous expenditure.
(J) Fees for Audit.
(K) Excess of Income over expenditure.
Total:
Accounts Officer Member-Secretary Chairman
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FORM VII
ANNUAL STATEMENT OF ACCOUNTS
Balance Sheet as at 31st March, 19. ..)
(See rule 25)
Capital and Liabilities Property and Assets
Previous year Details Total of sub-head Total of major Previous year Details Total of sub-head Total of major
head head
1 2 3 4 5 6 7 8
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(A) Capital Fund 1. Works-

(i) Grants received from Govt. for (As per Form VIII)
Capital expenditure. 2. Fixed Assels
(a) Amount utilised upto 31st March 19_. (As per Form IX)
(b) Unutilised balance on 31st March 19 (a) Value of land provided by Govt.
(ii) Grant from other agencies for (at cost).
Capital expenditure (b) Buildings-
(a) Amount utilised upto 31st March 19_ Balance as per last
(b) Unutilised balance on 31st March 19_ Balance sheet
(iii) Value of land provided by Govt. Additions during the year
(per contra) Total ________
(B) Capital Receipts- Less: ________
(C) (i) Deposits received for works from outside bodies- Depreciation during the year
Expenditure- Total: ________
(iii) Other deposits- 3. Other Assets
(D) Amounts due- (As per Form IX)
(i) Purchases (a) Laboratory Equipment as per last
(ii) Others Balance sheet--additions during the year
(E) Excess of income over expenditure ___ Total: _______
(i) upto 31st March 19. . . Less:
(ii) Add for the year Depreciation during the year
(iii) Deduct-Excess of Expenditure Total: ________
over income. (b) Vehicles as per last balance sheet.
Additions during the year.
Total: ________
Less :
Depreciation during the year
Total:
(c) Furniture and Fixtures.
As per last Balance Sheet.
Total: ________
Less:
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FORM VIII
CENTRAI, POLLUTION CON'TROL BOARD
Expenditure on works as on 31st March, 19
(Item l-Assets Of the Balance Sheet)
(See Rule 25)
Sl. No. Name Or Upto 31st March 19 During the year 19 Upto 31st March 19
work
Direct Overhead Total Direct Overhead Total Expenditure Direct Overhead Total
Expenditure Charges Expenditure Expenditure Charges Expenditure Charges Expenditure
TOTAL
FORM IX
CENTRAL POLLUTION CONTROL BOARV
Annual Statement of Accounts
Fixed Assets as on 31st March, 19__ (Item 2 Assets of the Balance Sheet)
Other Assets as on 31st March, 19__ (Item 3 Assets of the Balance Sheet)
(See Rule 25)
Sl. No. Particulars of Balance as on Additions during Total Depreciation Sales of write off Balance as on Cumulative
Assets 31stMarch 19 the years during the year during the year 31st March 19 Depreciation as
on 31st March
19
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FORM X
REPORT BY THE CENTRAL BOARD ANALYST
(See Rule 26)
Report No. _____________

Dated the _______________ 19_____________
I hereby certify that I, (I)_________________________ Central Board analyst duly appointed under sub-
section (3) of section 53 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) received on
the (II) ______________ day of ____________ 19__ from (III) ___________ a sample of
________________ for analysis. The sample was in a condition fit for analysis reported below;
I further certify that I have analysed the aforementioned sample on (IV) ____________ and declare the
result of the analysis reported below;
I further certify that I have analysed the aforementioned sample on (IV) _______________ and declare the
result of the analysis to be as follows :
(V)____________________________________________________________________________________
_________________________________________________________________________
The condition of the seals, fastening and container on receipt was as follows:-
_______________________________________________________________________________________
_________________________________________________________________________
signed this _______________ day of _______________ 19__.
(Signature)
Central Board analyst.
Address ____________________________________
___________________________________________
To
___________________________________________
___________________________________________
___________________________________________
(I) Here write the full name of the Central Board-analyst.
(II) Here write the date of receipt of the sample.
(III) Here write the name of the Board or person or body of persons or officer from whom the sample was
received.
(IV) Here write the date of analysis
(V) Here write the details of the analysis and refer to the method of analysis. If the space is not adequate
the details may be given on a separate sheet of paper.
FORM XI
REPORT BY THE GOVERNMENT ANALYST
(See rule 27)
Report No __________________
Dated the __________________19
I hereby certify that 1, (I) ___________________ Government analyst duly appointed under sub-section (I)
of section 53 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) received on the (II)
___________________ day of ___________________ 19__ from (III) a sample of ____________________
for analysis. The sample was in a condition for analysis reported below:
I further certify that I have analysed the aforementioned sample, on (IV) __________________ and declare
the result of the analysis to be as follows:-
(V)____________________________________________________________________________________
_________________________________________________________________________
The condition of the seals, fastening and container on receipt was as follows:-
_______________________________________________________________________________________
_______________________________________________________________________________________
____ signed this _____________ day of ___________________ 19
(Signature)
(Government analyst)
Address ____________________________________
___________________________________________
To
___________________________________________
___________________________________________
___________________________________________
(I) Here write the full name of the Government analyst.
(II) Here write the date of receipt of the sample.
(III) Here write the name of the Board or person or body of persons or officer from whom the sample was
received.
HRR/MSU/ES/905/U1/201112 19 OF 290
(IV) Here write the date of analysis.

(V) Here write the details of the analysis and refer to the method of analysis. If the space is not adequate
and details may be given on a separate sheet of paper.
FORM XII
Notice of intention to have sample analysed
(See Rule 31)
To
_______________________________________________________________________________________
_______________________________________________________________________________________
__________________________________________________________________
Take notice that it is intended to have analysed the sample of water/sewage effluent/trade effluent which is
being taken today the _________day of ___________ 19__ from (1)
_______________________________________________________________________________________
_______________________________________________________________________________________
__________________________________________________________________
Name and designation of the person
who takes the sample
(I) Here specify the stream, well, plant, vessel or place from where the sample is taken.
To
___________________________________________
___________________________________________
___________________________________________
1
FORM XIII
Application for consent for establishing or taking any steps for establishment of Industry operation process or
any treatment disposal system for discharge, continuation of discharge under section 25 or section 26 of the
Water (Prevention and Control of Pollution) Act, 1974.
(See Rule 32)
Date ______________________
From
______________________________
______________________________
______________________________
To
The Member Secretary,
Central Pollution Control Board.
Sir,
I/We hereby apply for Consent/Renewal of Consent under section 25 of the Water (Prevention and Control of
Pollution) Act, 1974 (6 of 1974) for establishing or taking any steps for establishment of Industry/operation
process or ally treatment/disposal system to bring into use any new/altered outlet for discharge of
*sewage/trade effluent* to continue to discharge* sewage/trade effluent* from land/premises owned by
____________________.
The other relevant details are below:-
I. Full Name of the applicant ____________________________
2. Nationality of the applicant ____________________________
3.
(a) Individual
(b) Proprietory concern
(c) Partnership firm
(whether registered or unregistered)
(d) Joint family concern
(e) Private Limited Company
(f) Public Limited Company
(g) Govem1nc11l Company
(1) State Government
(2) Central Government
(3) Union Territory
(h) Foreign Company

(if a foreign company, the details of registration, incorporation, etc.).
(i) Any other Association or Body
4. Name, Address and Telephone Nos. of Applicant.

(the full list of individuals partners persons Chairman (full-time or part-time Managing Directors, Managing
Partners Directors (Full time or part-time) other kinds of office bearers are to be furnished with their period
of tenure in the respective office with telephone Nos. and address).
HRR/MSU/ES/905/U1/201112 20 OF 290
5. Address of the Industry:

(Survey No. Khasra No. location as per the revenue records Village Firka Tehsil District. Police Station or SHO
jurisdiction of the First-Class Magistrate).
6. Details of commissionings etc.:-
(a) Approximate date of proposed commissioning of work.
(b) Expected date of production:
7. Total number of employee expected to employed.
8. Details of licence is any obtained under the provisions of Industrial Development Regulations Act 1951.
9. Name of the person authorised to sign this form (the original authorisation except in the case of individual
proprietory concern is to be enclosed).
10. (a) attach the list of raw materials and chemicals used per month.
(b) Licence Annual Capacity of the Factory/Industry.
11. State daily quantity of water in kilolitres utilised and its source (domestic/industrial process boiler Cooling
others).
12. (a) State the daily maximum quantity of effluents quantity and mode of disposal (sewer or drains or
river). Also attach analysis report of the effluents. Type of effluent quantity in kilolitres Mode of disposal.
(i) Domestic
(ii) Industrial.
(b) Quality of effluent currently being the discharged or expected to be discharged.
(c) What monitoring arrangement is currently there or proposed.
13. Slate whether you have any treatment plant for industrial? domestic or combined effluents.
Yes/No
If yes attach the description of the process of treatment in brief. Attach information on the quality of treated
effluent vis-a-vis the standards.
14. State details of sold wastes generated in the process or during waste treatment.
Description ............. Quantity ............. Method ............. Method of disposal
15. I/We further declare that the information furnished above is correct to the best of my/our knowledge.
16. I/We hereby submit that in case of change either of the point of discharge or the quantity of discharge or
its quality a fresh application for CONSENT shall be made and until such CONSENT is granted no change shall
be made.
17. I/We hereby agree to submit to the Central Board an application for renewal of consent one month in
advance of the date of expiry of the consented period for outlet/discharge if to be continued thereafter.
18. I/We, undertake to furnish any other information within one month or its being called by the Central
Board.
I9. I/We, enclose herewith cash receipt No./bank draft No. ___________ dated _______ for Rs.
__________________________ Rupee _______________________________________________) in
favour of the Central Pollution Control Board, New Delhi, as fees payable under section 25 of the Act.
Yours faithfully,
signature of the applicant
Note: * Strike out which is not relevant.
FORM XIV
NOTICE OF INSPECTION
[See Rule 33(2)]
Chairman
Shri
Member-Secretary
Shri ____________________________
________________________________
________________________________
No. _____________________________
Dated ___________________________
To
_______________________________________________________________________________________
_______________________________________________________________________________________
__________________________________________________________________ TAKE NOTICE that for the
purpose of enquiry under sections 25/26 the following officers Or the Central Board namely:-
(i) Shri _________________________________________________________________________
(ii) Shri _________________________________________________________________________
(iii) Shri ________________________________________________________________________ and the
persons authorised by the Board to assist them shall inspect the
HRR/MSU/ES/905/U1/201112 21 OF 290
(a) Water works

(b) Sewage Works
(c) Waste treatment Plant
(d) Factory
(e) Disposal system
(f) Any other parts thereof or pertaining thereto under management/control on date(s)
____________________________ between ____________________________ hours when all facilities
requested by them for such inspection should be made available to them on the site. Take Notice that refusal
or denial to above stated demand made under the functions of the Central Board shall amount to obstruction
punishable under section 42 of the Act.
By order of the Board.
Member-Secretary.
Copy to:
1. __________________________________
2. __________________________________
3. __________________________________
SCHEDULE II
BUDGET AND ACCOUNT HEADS
[(See Rule 17(3)]
ADMINISTRATION
Heads of Accounts (Expenditure)
1. Salaries.
2. Wages.
3. Travel Expenses.
4. Office Expenses.
(a) Furniture.
(b) Postage
(c) Office Machines/Equipment
(d) Liveries
(e) Hot and cold weather charges
(f) Telephones
(g) Electricity and Water charges
(h) Stationery
(i) Printing
(j) Staff car and other vehicles
(k) Other items.
5. Fee and Honoraria.
6. Payment for professional and special services.
7. Rents, Rates and Taxes/Royalty.
8. Publications.
9. Advertising Sales and Publicity Expenses.
10. Grants in aid/Contributions/Subsidies.
11. Hospitality Expenses/Sumptuary Allowances etc.
12. Pensions/Gratituties.
13. Write off/Losses.
14. Suspenses.
15. Expcnses in connection with the settling up and maintenance or the Board Laboratory.
16. Other charges (A residuary head, this will also include rewards and prizes).
Heads of Account (Receipts)
1. Payments by Central Government.
2. Fees.
3. Fines and other receipts.
[1SCHEDULE III]
(See Rule 24)
ANNUAL REPORT FOR THE FINANCIAL YEAR
APRIL 19... TO MARCH 31, 19...
CHAPTER-I : Introduction
CHAPTER-2 : Constitution of the Board including changes therein.
CHAPTER-3 : Meetings of the Board with major decisions taken therein.
CHAPTER-4 : Committees constituted by the Board and their activities.
CHAPTER-5 : Monitoring Network for air, water and soil quality.
CHAPTER-6 : Present state of environment environmental problems and counter measures.
CHAPTER-7 : Environmental Research.
CHAPTER-8 : Environmental Training.
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CHAPTER-9 : Environmental Awareness and Public Participation.

CHAPTER-10 : Environmental Standards including time schedule for their enforcement.
CHAPTER-11.1 : Prosecutions launched and convictions secured for environmental pollution control.
CHAPTER-11.2 : Directions given for closure of polluting industrial units.
CHAPTER-12 : Finance and accounts of the Board.
CHAPTER-13 : Annual Plan of the following year.
CHAPTER-14 : Any other important matter dealt with by the Central Board.
ANNEXURES
1. Members of the Board.
2. Organisation Chart.
3. Staff Strength including recruitment.
4. Publications.
5. Training Courses/Seminars/Workshops organised or attended.
6. Consents to establish industries, operations & processes-issued/refused.
7. Consents to operate industries operations & process-issued/refused.
[No. 2-20013/4/91-C.P.W.]
MUKUN SANWAL, Jt. Seey.
1
Substituted by Rule 2 of the Water (Prevention and Control of Pollution) Amendment Rules, 1992 vide
G.S.R. 107(E) dated IX-2-1992.
SCHEDULE IV
(See rule 28)
Rates of fees payable in respect of a report of the Central Water Laboratory
S .No. Nature of analysis Rates of fees
1 2 3
I Chemical Analysis of Water
(a) Rs. 56/- (for all the tests)

Dissolved solids (al 103-105C)
P-alkalinity, as CaCO3
M-alkalinity, as CaCO3
Total hardness, as CaCO3
Alkaline hardness, as CaCO3
Non-alkaline hardness, as CaCO3
Calcium, as Ca
Magnesium, as Mg
Chlorides, as Cl
Sulphates, as SO3
Turbidity Units
PH
Appearance and colour in units (visual)
(b) Rs. 100/- (for all the tests)

Dissolved solids (at 103-105C)
Calcium, as Ca
Magnesium, as Mg
Sodium as Na
Potassium, as K
Iron as Fe
Manganese, as Mn
Chlorides, as Cl
Sulphates, Is SO4
Fluorides as F
Nitrates, as N
Phosphates, as PO4
Turbidity, units
Turbidity, units
PH
Appearance and colour units (visual)
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(c) Rs. 174/- (for all the tests)

Dissolved solids
Free CO2 as CaCO3
Calcium, as Ca
Magnesium, as Mg
Sodium as Na
Potassium, as K
Iron as Fe
Manganese, as Mn
Chlorides, as Cl
Sulphates, as SO4
Fluorides as F
Nitrates, as N
Phosphates, as PO4
Silica as SiO2
Turbidity, units
PH
Langelier Index
Conductivity micromhos/cm
Appearance and colour (visual)
Probable composition of residue
CaCO3
MgCO3
Na2CO3
K2CO3
CaSO4
MgSO4
II Na2SO4 Rs. 72/- (for all the tests)
K2SO4
CaCl
MgC12
NaCl
KCl
SiO2
Fe2O3
Mn2O2
A12O3
Chemical Analysis of Irrigation Waters
Dissolved solids
PH
Boron, as B
Calcium, as Ca
Chloride, as Cl
Conductivity, micromohs/cm
Magnesium, as Mg
Potassium, as K
Sodium, as Na
Sulphates as SO4
Oil and Grease
Bacteriological Analysis of Potable Waters Rs. 50/- (for all the tests).
III Standard Plate Count Rs. 50/- (for all the tests)
Coliform
EE Coli.
Fecal streptococci
Distilled Water (as IS: 1070-1960)
Sewage and Trade effluent
BOD 20C 5 day pH
COD suspended solids (103-15C)
Colour (visual) units.
Tests of water, sewage or trade effluent
IV (a) Albuminoid nitrogen, as N Rs. 120/- (for each tests)
V Ammoniacal nitrogen, as N Rs. 60/- (for all the tests)

Carbon dioxide. as CO2
Conductivity, micromhos/cm
Chlorides, as Cl
Chlorine demand
Dissolved Oxygen
Fluolide, as F
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VI Langelier Index Rs. 6/- (for each tests)

Nitrate, N
Nitrate, as N
Permanganate value
Residual chlorine
Sodium, as Na
Sulphate (as SO4)
Dissolved solids (at 103-105C)
Tolal solids
Turbidity, as units
Volatile solids
PH
(b)
Coliform MPN presumptive for waste effluents only.
Acids solubilily tesl for sand and gravel
Available chlorinc in bleaching powder
Boron, as B
Calcium (titrimetric), as Ca
Iron, as Fe
Keldahl notrogen, as N
Loss on ignition
Magnesium (Titrimetric), as Mg
Manganese, as Mn
Silica, as SiO4
Potassium in sludge and waste water, as K
Sodium in sludge and waste waters, as Na
Soluble phosphate, as PO4
Sulphides, as S
Suspended solids
Total phosphorous
Volatile acids
Alkalinity (P&M)
Specific gravity
(c) heavy Metals (qualitative test)
Aluminium (gravimetric)
Arsenic
Barium
Calcium
COD
Chromium
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Copper Rs. 12/- (for each tests)

Cynide
Insecticides
Lead
Magnesium (gravimetric)
Mercury
Nickel
Selenium
Silver
Sulphate (gravimelric)
Zinc
Percent Sodium
Oil and Grease
Phenolic Substallces.
Rs. 24/- (for each tests)
(d) Rs. 36/- (for each tests)
BOD
Air Samples - analysis for:-
(i) Carbon dioxide
(ii) Carbon monoxide
(iii) Methane and
(iv) Oxygen
Total fluorides by distillation
(e) Rs. 40/- (for each tests)
Sieve analysis
Conventional Marble Test
The Enslow Stability Indicator Test.
(f) Rs. 60/- (for each tests)
Alum dose determination by jar test in water treatment
Alumino non-ferric (as per IS: 260- 1960)
Bioassay tests without chemical analysis (Tim value)
Plain settlement test of solution containing fines
Filter sand and gravel
Including sieve analysis, solubility in dilute HCL, FOSS on ignition, and

specific gravity.
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(g) Rs. 96/- (for each tests)
Alum
Jar test to evaluate optimum coagulant and coagulant aid doses in water
treatment
Alumino ferric (as per IS: 299-1962)
Lime
Detailed analysis
(h) Rs. 180/- (for each tests)
Lead extraction test on UPVC pipe as per IS: 4985- 1963
(i) Rs. 240/- (for each tests)
Scale deposits (detailed analysis)
(j) Rs. 40/- (for each tests)

Attrition Test
(k) Rs. 60/- (for each tests)

To find out correlation between Jackson Candle Turbidity and Gravimetric
Units.
FORM XV
(See Rule 35)
FORM OF NOTICE
(1)
By registered post
Acknowledgement due
From
_________________________________
_________________________________
_________________________________
To
_________________________________
_________________________________
_________________________________
Notice under section 49 of the Water (Prevention and Control of Pollution) Act, 1974.
Whereas an offence under the Water (Prevention and Control of Pollution) Act, 1974, has been committed/ is
being committed by _________________________________
(2) I/We hereby give notice of 60 days under section 49 of the Water (prevention and Control of Pollution)
Act, 1974 of my/our intention to file a complaint in the court against
_________________________________
(2) for violation of section _____________________ of the Water (Prevention and Control of Pollution) Act,
1974.
In support of my/our notice, I am/we are enclosing the following documents (3) as evidence of proof of
violation of the Water (Prevention and Control of pollution) Act, 1974.
Signature(s)
Plalce _________________________________
Date _________________________________
Explanation:-
(1) In case the notice is given in the name of a company, documentary evidence authorising the person to
sign the notice on behalf of the company shall be enclosed IO this notice. Company shall this purpose means
a company defined in Explanation to section 47 of the Act.
(2) Here give the name and address of the alleged offender. In case of a manufacturing processing operating
unit, indicate the name/location/nature of activity, etc.
(3) Documentary evidence shall include photographs/technical reports/health reports of the area etc. for
enabling enquiry into the alleged violation/offence."
[No. Q-15011/3/88-CPW]
{Gazette of India, 1989, Extraordinary Pt. II Sec 3(I) p. 81}

NOTIFICATION
New Delhi, the 31st March, 1994
HRR/MSU/ES/905/U1/201112 27 OF 290
S.O. 296(E).- In exercise of the power vested under Sub- Section 4 of Section 4 of the Water (Prevention
and Control of Pollution) Act, 1974, the Central Pollution Control Board pursuant to Section 17(2) of the said
Act, has established the Board Laboratory located at Parivesh Bhawan, East Aljun Nagar, Shahdara, Delhi.
The fees payable to the Board's Laboratory in respect of each report of the analysis for various Physico-
chemical parameters shall be as per the rates given in Schedule annexed.
The rates shall come into force from the date of issue of this notification.
[No. Legal/42(3)/87]
CENTRAL POLLUCTION CONTROL BOARD

SCHEDULE OF FEE FOR ANALYSIS OF VARIOUS ANALYTICAL
PARAMETERS IN CPCB LABORATORIES FOR WATER SAMPLES
S. No. Physical Tests Fee in Rs.
1 Colour 15
2 Conductivity 15
3 pH 15
4 Suspended Solids 20
5 Settleable Solids 20
6 Sludge Volume Index 20
7 Total Solids 20
8 Temperature 5
9 Turbidity 15
10 Velocity of Flow 15
CHEMICAL TESTS
11 Acidity 30
12 Alakalinity 30
13 Aluminium 70
14 Amm. Nitrogen 85
15 Arsenic 85
16 Barium 70
17 Berryllium 70
18 Boron 70
19 Bromide 40
20 Carbon Dioxide 20
21 Cadmium 85
22 COD 85
23 BOD 150
24 Chloride 20
25 Chlorine residual 20
26 Calcium (Titrimetric) 35
27 Chromium Hexavalent 85
28 Chromium Total 85
29 Copper 85
30 Cyanide 70
31 Dissolved Oxygen 30
32 Fluoride 40
33 Hardness 30
34 Iodide 40
35 Iron 85
36 Lead 85
37 Manganese 85
38 Magnesium 85
39 Mercury 85
40 Nickel 85
41 Nitrate Nitrogen 85
42 Nitrite Nitrogen 85
43 Nitrogen (organic) 85
44 Oil & Grease 70
45 Pesticides (each) 100
46 Phosphate 85
47 Phenol 85
48 Potassium 85
49 Selenium 85
50 Silica 85
51 Silver 85
52 Sodium 85
53 Strontium 85
54 Sulphite 85
55 Sulphate 40
56 Tanin/lignin 85
57 Tin 85
58 Total Organin Carbon 100
59 Urea Nitrogen 85
60 Zinc 85
THE WATER (PREVENTION AND CONTROL OF POLLUTION) CESS ACT, 1977 1

No. 36 of 1977
[7th December, 1977]
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS
HRR/MSU/ES/905/U1/201112 28 OF 290
(Legislative Department)
New Delhi, the 7th December, 1977
The foltowing Act of Parliament received the assent of the President on the 7th December, 1977, and is
hereby published for general information:--
An Act to provide for the levy and collection of a cess on water consumed by persons carrying on certain
industries and by local authorities, with a view to augment the resources of the Central Board and the State
Boards for the prevention and control of water pollution constituted under the Water (Prevention and Control
of Pollution) Act, 1974.
Be it enacted by Parliament in the Twenty-eighth Year of the Republic of India as foltows :--
1.SHORT TITLE, EXTENT, APPLICATION AND COMMENCEMENT
(1) This Act may be called the Water (Prevention and Control of Pollution) Cess Act, 1977.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) Subject to the provisions of sub-section (2), it applies to all the States to which the Water (Prevention
and Control of Pollution) Act, 1974 applies and the Union territories.
(4) It shall come into force on such date as the Central Government may, by notification in the Official
Gazette, appoint.
2.DEFINITIONS
In this Act, unless the context otherwise requires:--
(a) "local authority" means a municipal corporation or a municipal council (by whatever name
called) or a cantonment board or any other body, entrusted with the duty of supplying the water
under the law by or under which it is constituted;
(b) "prescribed" means prescribed by rules made under the Act;
(c) "specified industry" means any industry specified in Schedule I;
(d) words and expressions used but not defined in this Act and defined in the Water (Prevention
and Control of Pollution) Act, 1974 (6 of 1974) shall have the meanings respectively assigned to
them in that Act.
3.LEVY AND COLLECTION OF CESS
(1) There shall be levied and collected a cess for the purpose of the Water (Prevention and Control of
Pollution) Act, 1974 (6 of 1974) and utilisation thereunder.
(2) The cess under sub-section (1) shall be payable by--
(a) every person carrying on any specified industry; and
(b) every local authority,
and shall be calculated on the basis of water consumed by such person or local authority, as the case may
be, for any of the purposes specified in column (1) of Schedule II, at such rate, not exceeding the rate
specified in the corresponding entry in column (2) thereof, as the Central Government may, by notification in
the Official Gazette, from time to time, specify.
2
[(2A) Where any person carrying on any specified industry or any local authority consuming water for
domestic purpose liable to pay cess fails to comply with any of the provisions of section 25 of the Water
(Prevention and Control of Pollution) Act, 1974 (6 of 1974) or an of the standards laid so down by the
Central Government under the Environment (Protection) Act, 1986, cess shall be and payable at such rate,
not exceeding the rate specified in column (3) of Schedule II, as the Central Government may, by
notification in the Official Gazette, from time to time specify.]
(3) Where any local authority supplies water to any person carrying on any specified industry or to any other
local authority and such person or other local authority is liable to pay cess under sub-section (2) or sub-
section (2A) in respect of the water so supplied, then, notwithstanding anything contained in that sub-
section, the local authority first mentioned shall not be liable to pay such cess in respect of such water.
Explanation--For the purpose of this section and section 4, "consumption of water" includes supply of water.
4. AFFIXING OF METERS
(1) For the purpose of measuring and recording the quantity of water consumed, every person carrying on
any specified industry and every local authority shall affix meters of such standards and at such places as
may be prescribed and it shall be presumed that the quantity indicated by the meter has been consumed by
such person or local authority, as the case may be, until the contrary is proved.
(2) Where any person or local authority fails to affix any meter as required by sub-section (1), the Central
Government shall after notice to such person or local authority, as the case may be, cause such meter to be
affixed and the cost of such meter together with the cost for affixing the meter may be recovered from such
person or local authority by the Central Government in the same manner as an arrear of land revenue.
5. FURNISHING OF RETURNS
3
[(1)] Every person carrying on any specified industry and every local authority, liable to pay the cess under
section 3, shall furnish such returns, in such form at such intervals and
containing such particulars to such officer or authority, as may be prescribed.
4
[(2) If a person carrying on any specified industry or a local authority, liable to pay the cess under section 3,
fails to furnish any return under sub-section (1), the officer or the authority shall give a notice requiring such
person or local authority to furnish such return before such date as may be specified in the notice.]
6. ASSESSMENT OF CESS
HRR/MSU/ES/905/U1/201112 29 OF 290
(1) The officer of authority to whom or which the return has been furnished under section 5 shall, after
making or causing to be made such inquiry as he or it thinks fit and after satisfying himself or itself that the
particulars stated in the return are correct, by order, assess the amount of cess payable by the concerned
person carrying or any specified industry or local authority, as the case may be.
5
[(1A) If the return has not been furnished to the officer or authority under sub-section (2) of section 5, he
or it shall, after making or causing to be made such inquiry as he or it thinks fit, by order, assess the amount
of cess payable by the concerned person carrying on any specified industry or local authority, as the case
may be.]
(2) An order of assessment made under sub-section (1) or sub-section (1A) shall specify the date within
which the cess shall be paid to the State Government.
(3) A copy each of the order of assessment made under sub-section (1) or sub-section (1A) shall be sent to
the person or, as the case may be, to the local authority concerned and to the State Government.
(4) The State government shall, through such of its officers or authorities as may be specified by it in this
behalf by notification in the Official Gazette, collect the cess from the person or local authority liable to pay
the same and pay the amount so collected to the Central Government in such manner and within such time
as may be prescribed.
7. REBATE
Where any person or local authority, liable to pay the cess under this Act, instals any plant for the treatment
of sewage or trade effluent, such person or local authority shall from such date as may be prescribed, be
entitled to a rebate of twenty five per cent of the cess payable by such person or, as the case may be, local
authority.
6
[Provided that a person or local authority shall not be entitled to a rebate, if he or it--
(a) consumes water in excess of the maximum quantity as may be prescribed in this behalf for any
specified industry or local authority; or
(b) fails to eompty with any of the provisions of section 25 of the Water (Prevention and Control of
Pollution) Act, 1974 (6 of 1974) or any of the standards laid down by the Central Government
under the Environment (Protection) Act, 1986 (29 of 1986).]
8. CREDITING PROCEEDS OF CESS TO CONSOLIDATED FUNDS OF INDIA AND APPLICATION
THEREOF
The proeeeds of the cess levied under section 3 shall first be credited tO the Consolidated Fund of India and
the Central Government may, if Parliament by appropriation made by law in this behalf, so provides, pay to
the Central Board and every State Board, from time to time, from out of such proceeds, after deducting the
expenses on collection, such sums of money as it may think fit for being utilised under the Water (Prevention
and Control of Pollution) Act, 1974 (6 of 1974)
Provided that while determining the sum of money to be paid to any State Board under this section, the
Central Government shall have regard to the amount of cess collected by the State Government concerned
under sub-section (4) of section 6.
Explanation-For the purpose of this section, "Slate Board" includes a Joint Board, if any, constituted under
section 13 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 19743.
9. POWER OF ENTRY
Any officer or authority of the State Government specially empowered in this behalf by that Government
may,-
(a) with such assistance, if any, as he or it may think fit, enter at an) reasonable time any place
which he or it considers it necessary to enter for carrying out the purposes of this Act including the
testing of the correctness of the meters affixed under section 4;
(b) do within such place anything necessary for the proper discharge of his or its duties under this
Act; and
(c) exercise such other powers as may be prescribed.
10. INTEREST PAYABLE FOR DELAY IN PAYMENT OF CESS
If any person carrying on any specified industry or any local authority fails to pay any amount of cess
payable under section 3 to the State government within the date specified in the order of assessment made
under section 6, such person or local authority, as the case may be, shall be liable to pay 7[interest on the
amount to be paid at the rate of two per cent for every month or part of a month comprised in the period
from the date on which such payment is due till such amount is actually paid].
11. PENALTY OF AMOUNT DUE UNDER THE ACT
If any amount of cess payable by any person carrying on any specified industry or any Local authority under
section 3 is not paid to the State (government within the date specified in the order of assessment made
under section 6, it shall be deemed to be in arrears and the authority prescribed in this behalf may, after
such inquiry as it deems fit, impose on such person Of, as the case may be, Local authority, a penalty not
exceeding the amount of cess in arrears:
Provided that before imposing any such penalty, such person or, as the case may be, the local authority shall
be given a reasonable opportunity of being heard and if after such hearing the said authority is satisfied that
the default was for any good and sufficient reason, no penalty shall be imposed under this section.
12. RECOVERY OF AMOUNT DUE UNDER THE ACT
Any amount due under this Act (including any interest or penalty payable under section 10 or section 11, as
the case may be) from any person carrying on any specified industry or from any local authority may be
recovered by the Central Government in the same manner as an arrear of land revenue.
HRR/MSU/ES/905/U1/201112 30 OF 290
13. APPEALS
(1) Any person or local authority aggrieved by an order of assessment made under section 6 or by an order
imposing penalty made under section 11 may, within such time as may be prescribed, appeal to such
authority in such form and in such manner as may be prescribed.
(2) Every appeal preferred under sub-section (I) shall be accompanied by such fees as may be prescribed.
(3) After the receipt of an appeal under sub-section (1), the appellate authority shall, after giving the
appellant an opportunity of being heard in the matter, dispose of the appeal as expeditiously as possible.
(4) Every order passed in appeal under this section shall be final and shall not be called in question in any
court of law.
14. PENALTY
(1) Whoever, being under an obligation to furnish a return under this Act, furnishes any return knowing, or
having reason to believe, the same to be false shall be punishable with imprisonment which may extend to
six months or with fine which may extend to one thousand rupees or with both.
(2) Whoever, being liable to pay cess under this Act willfully or intentionally evades or attempts to evade the
payment of such cess shall be punishable with imprisonment which may extend to six months or with fine
which may extend to one thousand rupees or with both.
(3) No court shall take cognizance of an offence punishable under this section save on a complaint made by
or under the authority of the Central Government.
15. OFFENCES BY COMPANIES
(1) Where an offence under this Act has been committed by a company, every person who, at the time the
offence was committed, was in charge of and was responsible to, the company for the conduct of the
business of the company as well as the company, shall be deemed to be guilty of the offence and shall be
liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if
he proves that the offence was committed without his knowledge or that he exercised all due diligence to
prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been
committed by a company and it is proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other
officer of the company, such director, manager, secretary or other officer shall also bc deemed to be guilty of
that offence and shall be liable to be proceeded against and punished accordingly.
Explanation-For the purpose of this section,-
(a) "company" means any body corporate and includes a firm or other association of individuals;
and
(b) "director", in relation to firm, means a partner in the firm.
16. POWER TO AMEND SCHEDULE-I
(1) The Central Government may, by notification in the Official Gazette, add to Schedule I any industry
having regard to the consumption of water in the carrying on of such industry and the consequent discharge
thereof resulting in pollution of any stream and thereupon Schedule I shall, subject to the provisions of sub-
section (2), be deemed to be amended accordingly.
(2) Every such notification shall be laid before each House of Parliament, if it is sitting, as soon as may be
after the issue of the notification and is it is not sitting, within seven days of its re-assembly and the Central
Government shall seek the approval of Parliament to notification by a resolution moved within a period of
fifteen days beginning with the day on which the notification is so laid before the House of the People, and if
Parliament makes any modification in the notification or directs that the notification should cease to have
effect, the notification shall thereafter have effect only in such modified form pr be of no effect, as the case
may be, but without prejudice to the validity of anything previously done thereunder.
17. POWER TO MAKE RULES
(1) The Central Government-may make rules for carrying out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the
following matters, namely:-
(a) the standards of the meters to be affixed and the places at which such meters are to be affixed
under sub-section (I) of section 4;
(b) the returns to be furnished under section 5, the form in which and the intervals at which such
returns are to be furnished, the particulars which such returns contain and the officer or authority
to who or which such returns shall be furnished;
(c) the manner in which and the time within which the cess collected shall be paid to the Central
Government under sub-section (4) of section 6;
(d) the date from which any person or local authority liable to pay cess shall be entitled to the
rebate 8[and the maximum quantity of water in excess of consumption whereof any person or local
authority shall not be entitled to the rebate] under section 7.
(e) the powers which may be exercised by the officer or authority under section 9;
(f) the authority which may impose penalty under section 11;
(g) the authority to which an appeal may be filed under sub-section (I) of section 13 and the time
within which and the form and manner in which such appeal may be filed;
(h) the fees which shall accompany an appeal under sub-section (2) of section 13; and
HRR/MSU/ES/905/U1/201112 31 OF 290
(i) any other matter which has to be or may be prescribed.

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of
Parliament while it is in session for a total period of thirty days which may be comprised in one session or in
two successive sessions and if, before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses
agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be
of no effect, as the case may be; so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule.
SCHEDULE I
[See sectwn 2(c)]
1. Ferrous metallurgical industry.
2. Non-ferrous metallurgical industry.
3. Mining industry.
4. Ore processing industry.
5. Petroleum industry.
6. Petro-chemical industry
7. Chemical industry.
8. Ceramic industry.
9. Cement industry.
10. Textile industry. 9[including cotton synthetic and semi-synthetic fibres manufactured from these
fibres];
11. Paper industry.
12. Fertilizer industry.
13. Coal (including coke) industry.
14. Power (thermal, diesel) and 10
[Hydel] generating industry
15. Processing of animal or vegetable products industry 11
[including processing of milk, meat, hides and
skins, all agricultural products and their wastes].
16. 12
[Engineering industry]
13
[SCHEDULE II]
(See section 3)
---------------------------------------------------------------------------------------------------
Purpose for which water Maximum rate under Maximum rate under
is consumed sub-section (2) of sub-section
(2A) of
section 3 section 3
---------------------------------------------------------------------------------------------------
1. Industrial cooling, spraying One and a half paise per Two and one-fourth
in mine pits or boiler feeds per kilo litre paise per kilo litre.
2. Domestic purpose Two paise per kilo lilre Three paise per kilo lilre
3. Processing whereby water Four paise per kilo litre Seven and a half paise
gets polluted and the pollutants are per kilo litre.
easily biodegradable and are toxic.
Processing whereby water Five paise per kilo lilre Nine and a half paise
gets polluted and the pollutants are per kilo litre.
not easily biodegradable and are toxic.
---------------------------------------------------------------------------------------------------
1
Source: The Gazette of India, Extraodinary, Part II, Section 1, dated 7th December, 1977.
2
Inserted by Act No. 53 of 1991, s. 2. w.e.f. 26-1 1992
3
Renumbered by Act No. s.3 of 199l, s. 3. w.e.f. 26.1.1992
4
Inserted by ibid., s. 3.wef 26.l.l992
5
Inserted by Act No. 53 of 1991, s. 4.
6
Inserted by Act No. 53 of l991, s. 5. w.e.f. 26.1.1992
7
Substituted by Act No. 53 of 1991, s. 6 w.e.f. 26.1.1W2
8
Inserted by Act No. 53 of 1991, s. 7. w.e.f. 26.1.1992
9
Added by Gazette Notification No. G.S.R. 14{E) dated 02.01.1992
10
Substituted Vide Notification No. G.S.R 377(E) dated 16.04.1993
HRR/MSU/ES/905/U1/201112 32 OF 290
11
Added by Gazette Notification No. G.S.R. 14(E) dated 02.01.1992
12
Added Vide Notification No. G.S.R. 377(E) dated 16.04.1993
13
Substituted by Act No. 53 of 1991, s.8 w.e.f. 26.1.1992
NOTIFICATIOIN
New Delhi, the 16th January, 1980
G.S.R. 190.-In exercise of the powers conferred by clause (1) of article 258 of the Constitution, the
President, with the consent of the State Governments concerned hereby entrusts to the Governments of each
of the States of Andhra Pradesh, Bihar, Gujarat, Haryana, Himachal Pradesh, Kerala, Madhya Pradesh,
Punjab, Rajasthan, Uttar Pradesh and West Bengal, the functions of the Central Government under sub-
section (2) of section 4, section 12 and sub-section (3) of section 14 of the Water (Prevention and Control of
Pollution) Cess Act, 1977 (36 of 1977) subject to the conditions that not withstanding this entrustment the
Central Government may itself exercise any of the said functions should deem fit to do so in any case.
[No. Q-17013/2/78-EPC]
J.N. KALIA, Under Secy.
HRR/MSU/ES/905/U1/201112 33 OF 290
WATER (PREVENTION AND CONTROL OF POLLUTION) CESS RULES, 1978

MINISTRY OF WORKS AND HOUSING
NOTIFICATION
New Delhi, the 24th July, 1978
G.S.R. 378(E).--In exercise of the powers conferred by section 17 of the Water (Prevention and Control of
Pollution) Cess Act, 1977 (36 of 1977), the Central Government hereby makes the following rules namely:--
(a) These rules may be called the Water (Prevention and Control of Pollution) Cess Rules, 1978;
(b) They shall come into force on the date of their publication in the official Gazette;
2. Definitions.
In these rules, unless the context otherwise requires :--
(a) "Act" means the Water (Prevention and Control of Pollution) Cess Act, 1977 (36 of 1977);
(b) "assessing authority" means--
1
[(i) in relation to a Union Territory the Member Secretary of the Central Pollution Control Board or
any person or body of person as the Central government may specify, and]
(ii) in relation to a State, the member-secretary of the State Board:
(c) "consumer" means a person of local authority by whom the cess under sub-section (1) of
section 3 is payable under sub-section (2) of that section;
(d) "form" means a form annexed to these rules;
(e) "section" means a section of the Act;
(f) "State Government", in relation to a Union Territory, means the Administrator thereof appointed
under article 239 of the Constitution.
3. Standards of the meters and places where they are to be affixed.
(1) For the purposes of measuring and recording the quantity of water reconsumed, every consumer shall
affix water meters, venturi meters or Orifice meters with integrators and recorders in conformity with the
standards laid down by the Indian Standards Institution and where no standards have been laid down by that
institution in conformity with such standard as may be specified by the Board.
(2) Wherever the meters referred to in sub-section (1) are not available, the consumer shall instal Vee
notches or rectangular, notches with indicators and records or pressure gauges and pumping installations,
after obtaining the permission of the assessing authority.
(3) Every consumer shall provide a separate meter for assessing the quantity of water used for each of the
four purpose mentioned in column (1) of Schedule II to the Act.
(4) The meters shall be affixed at the entrance of the water supply connections within the premises of the
consumer or at any other place to be approved by the assessing authority, so that such meters are easily
accessible for inspection and maintenance and for other purposes of the Act:
Provided that the place where the meter is affixed shall, in no case be at a point before which water has been
tapped by the consumer for utilisation for any purpose whatsoever.
4. Furnishing of returns.
2
[(1) Every consumer shall furnish on or before the 5th of every calendar month, to the assessing authority,
a return in Form 1 showing the quantity of water consumed in the previous month.]
3
[(2) If the Consumer fails to submit the return as specified in sub-rule (1) the assessing authority or the
officer authorised in this regard shall issue a notice in form IA.]
5. Manner of payment of the cess to the Central Government and the time within which it shall be
paid.
(1) Every State Government shall remit to the Central Government, the amount of cess collected from the
consumer before the 10th day of the calendar month succeeding the month in which it is collected from the
consumer.
(2) The amount of cess referred to in sub-rule (1) shall be remitted to the Central Government in the form of
a bank draft in favour of the Pay and Accounts Officer, Ministry of Works and Housing, New Delhi in whose
books of accounts, the receipts would be adjusted finally.
(3) On receiving the bank draft, the Ministry of Works and Housing shall remit through a Challan into the
reserve Bank of India, New Delhi, for the purpose of crediting under relevant Major Head.
6. Rebate.
Where a consumer installs any plant for the treatment of sewage or trade effluent, such consumer shall be
entitled to the rebate under section 7 on and from the expiry of fifteen days from the date on which such
plant is successfully commissioned and so long as it functions successfully.
4
[Provided that a Consumer shall not be entitled to the rebate if he;
(a) Consumes water in excess of the maximum quantity specified in column (3) of the First
Schedule appended to these rules for the category of industries specified in the corresponding entry
in column (3) relating to the specified industry given in column (2) thereto or
(b) Fails to comply with any of the provisions of section 25 of the Water (Prevention and Control of
Pollution) Act, 1974 (6 of 1974) or any of the standards laid down by the Central Government
under the Environment (Protection) Act, 1986 (29 of 1986).]
HRR/MSU/ES/905/U1/201112 34 OF 290
7. Powers to be exercised by the Officer or the Authority of the State Government under section
9.
The Officer or authority of the State Government specially empowered under section 9 shall have in addition
to the powers referred to in clauses (a) and (b) of than section, the power to:--
(i) inspect the manufacturing process or plants of the consumer;
(ii) inspect the water supply systems and installations in the plant of the consumer;
(iii) inspect waste treatment system and installations in the plant of the consumer;
(iv) inspect the drainage system and installations, including storm water disposal in the plant of the
consumer;
(v) call for and inspect records relating to the use and consumption of materials and water, and those
relating to production, in the plant of the consumer;
(vi) call for and inspect the records relating to power consumption in the plant of the consumer; and
(vii) call for any other information or records relating to the supply, consumption and treatment of water in
the plant of the consumer.
8. Authority to impose penalty under section 11.
The authority to impose penalty under section 11 shall be the assessing authority.
9. Appeal.
(1) Any consumer aggrieved by an order of assessment made under section 6 or by an order imposing
penalty made under section 11 may appeal in Form 11 annexed hereto, to a Committee (hereinafter referred
to as the appellate committee) consisting of--
(a) where the assessing authority is the member-secretary of the Central Board, the Chairman of the Board,
who shall be the Chairman of the committee, and two members of that Board, to be nominated by the
Chairman thereof;
(b) where the assessing authority is the member-secretary of the State Board the Chairman of that Board
who shall be chairman of the Committee, and two members of that Board, to be nominated by the Chairman
thereof.
(2) Such appeal shall state the facts of the case and the grounds relied upon by the appellant for preferring
the appeal and shall be accompanied by a copy f the order of assessment made under section 6 or a copy of
the order imposing penalty made under section 11, as the case may be.
(3) Such appeal shall be preferred within a period of thirty days from the date of communication of the order
of assessment or the order imposing penalty on the appellant:
Provided that if the Chairman of the appellate committee is satisfied that there was good and sufficient
reason for the delay in preferring the appeal, he may, for reasons to be recorded in writing allow the appeal
to be preferred after the expiry of the aforesaid period f thirty days and before the expiry of forty-five days
from the date of communication of the order of assessment, or the order imposing penalty, on the appellant.
(4) Every appeal shall be accompanied by a fees of rupees fifty.
[No. Q. 17013/1/78-EPC]
MIR NASRULLAH, Jt. Secy.
---------------------------------------------------------------------
FORM I
(See rule 4)
Return regarding Water consumed during the month of........................
_____________________________________________________________________
Name Purpose Reading Reading Quantity If the Quantity Remark
and for which at the at the of water meter of water (*)
Address water begin- end of consumed was out qualif-
of the consumed ning the last in Kilo order ing for
consumer of the day of litres, onthly rebate
first the consump- according
day of calendar tion to the
calendar month of water assessee.
month under for the
under report, previous
report 3 months
working
period.
_____________________________________________________________________
1 2 3 4 5 6 7 8
_____________________________________________________________________
1. Industrial cooling (i) from Municipal water supply mains
HRR/MSU/ES/905/U1/201112 35 OF 290
spraying in mine pits (ii) from well/tubewell

or boiler feed. (iii) from canal
(iv) from river
(v) from any other source.
2. Domestic purpose, (i) from Municipal water supply mains.

(ii) from well/tubewell
(iii) from canal
(iv) from river.
(v) from any other source
3. Processing whereby (i) from Municipal water supply mains.

water gets polluted (ii) from well/tubewell
and the pollutants (iii) from canal
are easily bio- (iv) from river.
degradable. (v) from any other source.
4. Processing whereby (i) from Municipal water supply mains.

water gets polluted (ii) from well/tubewell
and the pollutants (iii) from canal
are not easily bio- (iv) from river.
degradable and are (v) from any other source.
toxic.
_____________________________________________________________________
(*) for claiming rebate under col. 7 the assessee shall indicate in
this column the analytical and other reports annexed to this
return in support of this claim
Signature of the consumer
Name
Address
ANNEXURE TO FORM I
Report of Analysis of treated effluent showing performance of

the treatment plant�For the month of...............................
Sample collected on...............................

Sample tested on...................................
By the laboratories.................................
_____________________________________________________________________
S. Pollutting Maximum Concent- Dates on which
parameters permissible ration ------------------------
No. as mentioned limits or of range There was On which
in the range of break under
conditions allowed parame- down or Performance
imposed as per ters as failure was noticed
under consent per of the
consent conditions report plant
granted
under
section
25/26 of
the Water
(Prevention
amd Control
of Pollution)
HRR/MSU/ES/905/U1/201112 36 OF 290
act, 1974
_____________________________________________________________________
1 2 3 4 5 6
_____________________________________________________________________
Signature......................................
Dale............................................
Name..........................................
Address........................................
_____________________________________________________________________
[FORM IA
5
[See rule 4(2)]

Name of the Board:
No. Dated:
Notice under Section 5(2) of the Water (Prevention and Control of Pollution) Cess Act, 1977) (36 of 1977)
To
Name and Address of the Consumer:
Assessment period:
Whereas you were required to furnish a return as provided under sub-section (1) of Section 5 of the Water
(Prevention & Control of Pollution) Cess Act, 1977 (36 of 1977) read with the sub-rule (1) of Rule 4 of the
Water (Prevention and Control of Pollution) Cess Rules, 1978, by the 5th of- And whereas you have failed to
furnish the return by the said date:
Now, therefore, you are here by called upon to furnish the returnwithin 7 days from the date of receipt of
this Notice.
In case no return is received within the said period of 7 days,

action will be taken for making assessment as per sub-section (I A)
of section 6 of the aforesaid Act, ex-parte. besides initiating any
other legal action as per law against you.
Issuing authority
Place: Name :.............................
Date: Address:............................
............................
FORM II
(See rule 9)
(FORM OF MEMORANDUM OF APPEAL)
Before............................(**)................................
(here mention the name and designation of the authority)
Memorandum of appeal under section 13 of the Water (Prevention and

Control of Pollution) Cess Act, 1977.
Appeal No............................of 19......
(here furnish complete postal address)
.....................................Appellant
Vs.
-------------------------------
------------------------------
------------------------------
HRR/MSU/ES/905/U1/201112 37 OF 290
(here mention the name and designation of

assessing authority)
................................Respondent
The appellant named above, begs to prefer this memorandum of

appeal against the order dated...............passed by...............
.....................on the following facts and grounds:
FACTS
(here briefly mention the facts of the case)
GROUND
(here mention the grounds on which lhe appeal is made)

1.
2.
3.
4.
PRAYER
In the light of what is stated above, the appellant respectfully

prays that he/she/it may be exempted from the payment of Cess.
he/she/it may be allowed a rebate of 70 per cent as provided

for in the Act and the amount of Cess reduced to Rs..............
the amount of Cess has not been correctly assessed and that it may
be reduced lo Rs...............
the penalty imposed on him/her/it has been wrongfully imposed and

should be set aside.
the penalty imposed on him/her/it is excessive and should be

suitably reduced on the basis of the facts as stated.
2. The amount of Rs......................... (Rupees..............)

as fee for this appeal has been paid to.................. vide receipt
No.................................... dated.........................
Place: Signature of the Appellant

Date: Name
Address
6
SCHEDULE
(See rule 6)
_____________________________________________________________________
SI. No. Name of Industry Category Maximum quantity of Water
_____________________________________________________________________
1. Ferrous Metallurgical Integrated 20 Cubic metres per

steel. Iron & Steel tonne of finished
HRR/MSU/ES/905/U1/201112 38 OF 290
2. Non-ferrous (a) Copper 100 Cubic metres per

Metallurgical Smelters tone of copper
produced.
(b) Zinc Smelters 50 Cubic metres per

tonne of Zinc metal
produced.
3. Chemical (a) Caustic Soda

(i) Mercury cell 5 Cubic metres per
process. tonne of caustic soda
produced (excluding
cooling water) and 5
cubic metres per tonne
of caustic soda
produced for cooling
water.
(ii) 5 Cubic metres per tone

of caustic soda
including cooling water.
4. Textile (a) Man made

fibre.
(i) Nylon & 170 Cubic metre per
Polyester. tonne fibre produced.
(ii)Viscose 200 Cubic metre per tone
rayon of fibre produced
5. Paper (a) Small Pulp

and paper
(i) Agro-residue 200 Cubic metre tonne

based of paper
(ii) Waste Paper 75 Cubic metre tonne of
based paper
(b) Large Pulp
& Paper
(i) Pulp and 250 Cubic metre per
Paper tonne of paper.
(ii) Rayon grade 200 Cubic metre per
paper. tonne of paper
(a)Straight
nitrogenous 15 Cubic metre per
fertilizer. tonne of urea or
equivalent
produced.
6. Fertilizer (b) Straight 2 Cubic metre per

phosphate tonne of Single
and Triple Super Phosphate/
super phosp- Triple super
hate) ex- phosphate.
including
manufacture
of any acid
HRR/MSU/ES/905/U1/201112 39 OF 290
(c) Complex 15 cubic metre per

Fertilizer tonne in case the
primary product is
nitrogenous
fertilizer and
2 cubic metre per
tonne in case the
primary product is
a phosphatic fertilizer.
7. Processing of animal (a) Tanneries 30 cubic metre per

or vegetable products tonne of raw hide.
industry (b) Natural rubber 6 cubic metre per
including processing of tonne of rubber
milk meat hides and (c) Starch, 10 cubic metre per
skins all glucose tonne of maize
agricultural and related
products and t products
heir waste, (d) Dairy 4 cubic metre per
kilo litre of milk.
(e)Jute 1.5 cubic metre per
tonne of jute
produced.
(f) Sugar 2 cubic metre per

tonne of cane
crushed.
(g)Maltry 8.5 cubic metre per

tonne of grain
processed.
(h) Brewery 1 cubic metre per kilo

litre of beer
produced.
(i) Distillery 15 Cubic metre per kilo

litre of alcohol produced.
_____________________________________________________________________
[No. 1(14)/91-PL/CPA]
N. BAGCHI, Director Pollution
Footnote :- The Principal Rules were published in the Gazette of India vide Notification G. S. R. 378(E)
dated the 4th July, 1978.
1
Substituted by Rule 2 of the Water (Prevention and Control of Pollution) Cess Amendment Rules, 1991
Published in the Gazette notification No. G.S.R. 504(E) dt. 25-7-1991.
2&3
Renumbered by Rule 2 of the Water (Prevention and Control of Pollution) Cess Amendment Rules, 1992,
G.S.R. 311 (E) dated 28.2.1992.
4
Added by Rule 3 of the Water (Prevention and Control of Pollution) Cess Amendment Rules 1992, G.S.R.
311(E), dated 28.2.1992.
5
Inserted by Rub 4 of the Water (Prevention & Control of Pollution) Cess Amendment Rules, 1992, G.S.R.
311 (E), dated 28.2.1992.
6
Added by Rule S of the Water (Prevention and Control of Pollution) Cess Amendment Rules, 1992, G.S.R.
311 (E) dated 28-2-1992.
HRR/MSU/ES/905/U1/201112 40 OF 290
MINISTRY OF ENVIRONMENT AND FORESTS

NOTIFICATION
New Delhi, the 28th February, 1992
S.O. 182(E).-In exercise of the powers conferred by sub-section (2) and sub-section (2A) of section 3 of the
Water (Prevention and Control of Pollution) Cess Act, 1977 (36 of 1977) and in supersession of the
notification of the Government of India in the Ministry of Works and Housing number G.S.R. 190(E), dated
the 23rd March, 1978 except as respects things done or omitted to be done before such supersession, the
Central Government hereby specifies-
(a) the rate of cess given in column (2) of the Table below as the rates of cess payable by every person
carrying on an industry specified in Schedule I of the aforesaid Act and by every local authority, calculated
on the basis of the Water consumed by him or it for the purpose mentioned in the corresponding entry in
column (1) thereof; and
(b) the rates of cess given in column (3) of the Table below as the rates of cess payable by a person carrying
on an industry specified in Schedule I of the aforesaid Act and by every local authority consuming water for
domestic purpose calculated on the basis of the water consumed by him or it, for the purpose mentioned in
the corresponding entry in column (1) thereof if he or it fails to comply with any of the provisions of section
25 of the Water (prevention. and Control of Pollution3 Act, 1974 (6 of 1974) or any of the standards laid
down by (the Central Government under the Environment (Protection) Act, 1986 (29 of 1986).
TABLE
-------------------------------------------------------------------------------------------------------------------------
---------
Purpose for which water is consumed Rate of cess under sub-section
Rate of cess under sub
(2) of section 3. section (2A) of section
3.
-------------------------------------------------------------------------------------------------------------------------
---------
1. Industrial cooling, spraying in mine One and a half paise per kilolitre Two and one-fourlh
paise
pits or boiler feeds. per kilolitre
2. Domestic purpose Two paise per kilo litre Three paise

per kilo litre
3. Processing whereby water gets Four paise per kilolitre Seven and a half paise
per kilo litre.
polluted and the pollutants are easily
bio-degradable.
4. Processing whereby water gets Five paise per kilo litre Nine and a half peuse
per kilo
polluted and the pollutants are not
litre.
easily bio-degradable.
-------------------------------------------------------------------------------------------------------------------------
---------
[No. 1(14)91-PL/CPA]
Published in the Gazette No. 166 dt 5.3.1992
HRR/MSU/ES/905/U1/201112 41 OF 290
CENTRAL BOARD FOR THE PREVENTION AND CONTROL OF WATER POLLUTION (PROCEDURE FOR
TRANSACTION OF BUSINESS) RULES, 1975
EXTRAORDINARY
Part II--Section 3--Sub-Section (1)1
In exercise of the power conferred by section 63 of the Water (Prevention and Control of Pollution) Act,
1974(6 of 1974), the Central Government after consultation with the Central Board for the Prevention and
Control of Water Pollution hereby makes the following rules, namely :--
1. SHORT TITLE AND COMMENCEMENT
(1) These rules may be called the Central Board for the Prevention and Control of Pollution (Procedure for
Transaction of Business) Rules, 1975.
(2) They shall come into force on the date of their publication in the official Gazette.
2. DEFINITIONS
In these rules, unless the context otherwise requires --
(a) "Act" means the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974);
(b) "Government" means the Central Government;
(c) "Chairman" means the Chairman of the Central Board;
(d) "Member" means a member of the Central Board and includes the Chairman thereof;
(e) "Member Secretary" means the Member Secretary of Central Board;
(f) "Meeting" means a meeting of the Central Board;
(g) "Section" means a section of the Act;
3. NOTICE OF MEETINGS
(1) Meetings of the Central Board shall ordinarily be held at Delhi on such dates as may be fixed by the
Chairman.
(2) The Chairman shall, upon the written request of not less than five Members of the Central Board or upon
a direction of the Central government, call a special meeting of the Central Board.
(3) Fifteen clear days' notice of an ordinary meeting and three clear days' notice of a special meeting
specifying the time and the place at which such meeting is to be held and the business to be transacted
thereat, shall be given by the Member-secretary to the members.
(4) Notice of a meeting may be given to the Members by delivering the same by messenger or sending it by
registered post to his last known place of residence or business or in such other manner as the Chairman,
may, in the circumstances of the case, thinks fit.
(5) No member shall be entitled to bring forward for the consideration of the meeting any matter of which he
has not given ten clear days' notice to the Member-secretary, unless the chairman, in his direction, permits
him to do so.
1
[(6) (a) The Central Board may adjourn its meetings from day to day or to any particular date.
(b) Where a meeting of the Central Board is adjourned from day to day, notice of such adjourned
meeting shall be given to the Members available in the city, town or other place where the meeting
which is adjourned if held, either by telephone or by special messenger and it shall not be
necessary to give notice of the adjourned meeting to other Members.
(c) Where a meeting of the Central Board is adjourned not from day to day but from the day on
which the meeting is held to another date, notice of such meeting shall be given to all the Members
as provided in sub-rules (3) and (4)]
3
[(7)] * * *
4. PRESIDING OFFICER
Every meeting shall be presided over by the Chairman and, in his absence, by a Chairman for the meeting to
be elected by the members present from amongst themselves.
5. ALL QUESTIONS TO BE DECIDED BY MAJORITY
(1) All questions at a meeting shall be decided by a majority of votes of members present, and voting shall
be by raising of hands in favour of the proposal.
(2) In case of an equality of votes, the presiding officer shall have a second or casting vote.
6. QUORUM
(1) Five members shall form the quorum for any meeting.
(2) If at any time fixed for any meeting or during the course of any meeting a quorum is not present, the
presiding officer shall adjourn the meeting and if a quorum is not present on the expiration of fifteen minutes
from such adjournment the presiding officer shall adjourn the meeting to such hours on the following or on
some other future date as he may fix.
(3) No quorum shall be necessary for the adjourned meeting.
(4) No matter which had not been on the agenda of the original meeting shall be discussed at such
adjourned meeting.
4
(5) (a) Where a meeting the Central Board is adjourned under sub- rule (2) for want of quorum to
the following day, notice of such adjourned meeting shall be given to the Members available in the
city, town or other place where the meeting which is adjourned is held, either by telephone or by
HRR/MSU/ES/905/U1/201112 42 OF 290
special messenger and it shall not be necessary to give notice of the adjourned meeting to other
Members.
(b) Where a meeting of the Central Board is adjourned under sub-rule (2) for want of quorum not
to the following day but to another date, notice of such adjourned meeting shall be given to all the
Members as provided in sub-rule (3) and (4).
7. MINUTES
(1) Record shall be kept of the names of members who attend the meeting and of the proceedings at the
meeting in a book to be maintained for that purpose by the Member-secretary.
(2) The minutes of the previous meeting shall be read at the beginning of the every succeeding meeting,
shall be confirmed and signed by the presiding officer at such meeting.
(3) The proceedings shall be open to inspection by any member at the office of Central Board during office
hours.
8. MAINTAINING ORDER AT MEETING
The presiding officer shall preserve order at a meeting.
9. BUSINESS TO BE TRANSACTED AT MEETING
Except with the permission of the presiding officer, no business which is not entered in the agenda or of
which notice has not been given by a member under sub-rule (5) of rule 3, shall be transacted at any
meeting.
10. ORDER OF BUSINESS
(1) At any meeting business shall be transacted in the order in which it is entered in the agenda.
(2) Either at the beginning of the meeting or after the conclusion of the debate on a motion during the
meeting the presiding officer or a member may suggest a change in the order of business as entered in the
agenda and if the meeting agrees, such a change shall take place.
11. PROCEDURE FOR TRANSACTION OF BUSINESS OF COMMITTEES CONSTITUTED BY THE BOARD
(1) The time and place of the meetings of the committees constituted by the Central Board under sub-
section 9 shall be as specified by the Chairman.
(2) The quorum for a meeting of a committee constituted under sub-section (1) of section 9 shall be one-half
of the total number of members of the committee.
(3) Subject to sub-rule (1) and sub-rule (2) the meetings of any of the committees constituted under sub-
section (1) of the section 9 shall, as far as may be governed by the rules applicable to the meetings of the
Central Board.
[NO. Q. 505/16/74/EFQ]
1
Source: The Gazette of India.
2
Substituted by G.S.R. 1489, dated 11-10-1976.
3
Omitted, ibid.
4
Substituted by G.S.R.1489, dated 11-10-1976.

NOTIFICATION
S.0.78(E).-In exercise of the powers conferred by sub- section (2) of section 1 of the Water (Prevention and
Control of Pollution) Cess (Amendment) Act, 1991 (53 of 1991), the Central Government hereby appoints the
26th day of January,1992 as the date on which the said Act shall come into force.
[No. 1(14)/91-PL]
HRR/MSU/ES/905/U1/201112 43 OF 290
THE WATER (PREVENTION AND CONTROL OF POLLUTION) CESS (AMENDMENT) ACT, 2003
MINISTRY OF LAW AND JUSTICE

New Delhi, the 17th March, 2003
The following Act of Parliament received the assent of the President on the 13 th March, 2003, and is hereby
published for general information:-
No.19 OF 2003
[ 13th March, 2003]
An Act further to amend the Water(Prevention and Control of Pollution) Cess Act, 1977.
BE it enacted by parliament in the Fifty-fourth Year of the Republic of India as follows:-
1. Short Title and Commencement

(1) This Act may be called the Water(Prevention and Control of Pollution) Cess(Amendment) Act, 2003.
(2) It shall come into force on such date as the Central Government may, by notification in the Official
Gazette, appoint.
2. Amendment of Section 2
In the Water (Prevention and Control of Pollution) Cess Act, 1977.(hereinafter referred to as the principal
Act), in section 2, for clause(C), the following clause shall be substituted, namely:-
'(C) "industry" includes any operation or process, or treatment and disposal system, which
consumes water or gives rise to sewage effluent or trade effluent, but does not include any hydel power
unit;'.
3. Substitution of Certain Expression

In the principal Act, for the words "specified industry", wherever they occur, the word "industry" shall be
substituted.
4. Substitution of New Section for Section 16

For section 16 of the principal Act, the following section shall be substituted, namely:-
Power of Central Government to Exempt the Levy of Water Cess

"16.(1) Notwithstanding anything contained in section 3, the Central Government may, by notification in the
Official Gazette, exempt any industry, consuming water below the quantity specified in the notification, from
the levy of water cess.
(2) In exempting an industry under sub-section (1), the Central Government shall take into
consideration
(a) the naturee of raw material used;
(b) the nature of manufacturing process employed;
(c) the nature of effluent generated;
(d) the source of water extraction;
(e) the nature of effluent receiving bodies; and
(f) the production data, including water consumption per unit production, in the industry and the location
of the industry."
5. Omission of Schedule I
Schedule I to the principal Act shall be omitted.
6. Substitution of New Schedule for Schedule II

For Schedule II to the principal Act, the following Schedule shall be substituted , namely:-
HRR/MSU/ES/905/U1/201112 44 OF 290
"SCHEDULE II
(see section 3)
Purpose for which water is consumed Maximum rate under Maximum rate under
sub-section (2) Sub-section (2A)
of section 3 of Section 3
1. Industrial cooling, spraying in mine Five paise Ten� paise

pits or boiler feeds per kilolitre Per kilolitre.
2. Domestic purpose Two paise Three paise

per kilolitre per kilolitre.
3. Processing whereby water gets Ten paise Twenty paise

polluted and the pollutants are
per kilolitre per kilolitre.
a) easily biodegradable ; or
b) non toxic; or
c) both non toxic and easily bio
degradable.
4. Processing whereby water gets

polluted and the pollutants are
a) not easily biodegradable; or Fifteen paise Thirty paise
b) toxic; or per kilolitre per kilolitre."
c) both toxic and not easily
biodegradable.
HRR/MSU/ES/905/U1/201112 45 OF 290
THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
No. 14 of 1981
[29th March, 1981]
An Act to provide for the prevention, control and abatement of air pollution, for the establishment, with a
view to carrying out the aforesaid purposes, of Boards, for conferring on and assigning to such Boards
powers and functions relating thereto and for matters connected therewith.
WHEREAS decisions were taken at the United Nations Conference on the Hum an Environment held in
Stockholm in June, 1972, in which India participated, to take appropriate steps for the preservation of the
natural resources of the earth which, among other things, include the preservation of the quality of air and
control of air pollution;
AND WHEREAS it is considered necessary to implement the decisions aforesaid in so far as they relate to the
preservation of the quality of air and control of air pollution;
BE it enacted by Parliament in the Thirty-second Year of the Republic of India as follows :-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
(1) This Act may be called the Air (Prevention and Control of Pollution) Act, 1981.
(2) It extends to the whole of India.
(3) It shall come into force on such datel as the Central Government may, by notification in the Official
Gazette, appoint.
2. Definitions.
In this Act, unless the context otherwise requires,-
(a) "air pollutant" means any solid, liquid or gaseous substance 2[(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;
(b) "air pollution" means the presence in the atmosphere of any air
(c) "approved appliances" means any equipment or gadget used for the bringing of any combustible material
or for generating or consuming any fume, gas of particulate matter and approved by the State Board for the
purpose of this Act;
(d) "approved fuel" means any fuel approved by the State Board for the purposes of this Act;
(e) "automobile" means any vehicle powered either by internal combustion engine or by any method of
generating power to drive such vehicle by burning fuel;
(f) "Board" means the Central Board or State Board;
(g) "Central Board- means the 3[Central Board for the Prevention and Control of Water Pollution] constituted
under section 3 of the Water (Prevention and Control of Pollution) Act, 1974;
(h) "chimney" includes any structure with an opening or outlet from or through which any air pollutant may
be emitted,
(i) "control equipment" means any apparatus, device, equipment or system to control the quality and
manner of emission of any air pollutant and includes any device used for securing the efficient operation of
any industrial plant;
(j) "emission" means any solid or liquid or gaseous substance coming out of any chimney, duct or flue or any
other outlet;
(k) "industrial plant" means any plant used for any industrial or trade purposes and emitting any air pollutant
into the atmosphere;
(l) "member" means a member of the Central Board or a State Board, as the case may be, and includes the
Chairman thereof,
4
[(m) "occupier", in relation to any factory or premises, means the person who has control over the affairs of
the factory or the premises, and includes, in relation to any substance, the person in posse ssion of the
substance;]
(n) "prescribed" means prescribed by rules made under this Act by the Central Government or as the case
may be, the State government;
(o) "State Board" mleans,-
(i) in relation to a State in which the Water (Prevention and Control of Pollution) Act, 1974, is in
force and the State Government has constituted for that State a 5[State Board for the Prevention
and Control of Water Pollution] under section 4 of that Act, the said State Board; and
HRR/MSU/ES/905/U1/201112 46 OF 290
(ii) in relation to any other State, the State Board for the Prevention and Control of Air Pollution
constituted by the State Government under section 5 of this Act.
CHAPTER II
CENTRAL AND STATE BOARDS FOR THE PREVENTION AND CONTROL OF AIR POLLUTION
6
[3. Central Board for the Prevention and Control of Air Pollution.
The Central Board for the Prevention and Control of Water Pollution constituted under section 3 of the Water
(Prevention and Control of Pollution) Act, 1974 (6 of 1974), shall, without prejudice to the exercise and
performance of its powers and functions under this Act, exercise the powers and perform the functions of the
Central Board for the Prevention and Control of Air Pollution under this Act.
7
[4. State Boards for the Prevention and Control of Water Pollution to be, State Boards for the
Prevention and Control of Air Pollution.
In any State in which the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), is in force and
the State Government has constituted for that State a State Board for the Prevention and Control of Water
Pollution under section 4 of that Act, such State Board shall be deemed to be the State Board for the
Prevention and Control of air Pollution constituted under section 5 of this Act and accordingly that State
Board for the Prevention and Control of Water Pollution shall, without prejudice to the exercise and
performance of its powers and functions under that Act, exercise the powers and perform the functions of the
State Board for the Prevention and Control of Air Pollution under this Act.]
5. Constitution of State Boards.
(1) In any State in which the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), is not in
force, or that Act is in force but the State Government has not constituted a 8[State Board for the Prevention
and Control of Water Pollution] under that Act, the State Government shall, with effect from such date as it
may, by notification in the Official Gazette, appoint, constitute a State Board for the Prevention and Control
of Air Pollution under such name as may be specified in the notification, to exercise the powers conferred on,
and perform the functions assigned to, that Board under this Act.
(2) A State Board constituted under this Act shall consist of the following members, namely:-
(a) a Chairman, being a person, having a person having special knowledge or practical experience
in respect of matters relating to environmental protection, to be nominated by the State
Government:
Provided that the Chairman my be either whole-time or part-time as the State Government may
think fit;
(b) such number of officials, not exceeding five, as the State Government may think fit, to be
nominated by the State Government to represent that government;
(c) such number of persons, not exceeding five, as the State Government may think fit, to be
nominated by the State Government from amongst the members of the local authorities functioning
within the State;
(d) such number of non-officials, not exceeding three, as the State Government may think fit, to be
nominated by the State Government to represent the interest of agriculture, fishery or industry or
trade or labour or any other interest, which in the opinion of that government, ought to be
represented;
(e) two persons to represent the companies or corporations owned, controlled or managed by the
State Government, to be nominated by that Government;
9
[(f) a full-time member-secretary having such qualifications knowledge and experience of
scientific, engineering or management aspects of pollution control as may be prescribed, to be
appointed by the State Governments
Provided that the State Government shall ensure that not less than two of the members are
persons having special knowledge or practical experience in, respect of matters relating to the
improvement of the quality of air or the prevention, control or abatement of air pollution.
(3) Every State Board constituted under this Act shall be a body corporate with the name specified by the
State Government in the notification issued under sub-section (1), having perpetual succession and a
common seal with power, subject to the provisions of this Act, to acquire and dispose of property and to
contract, and may by the said name sue or be sued.
6. Central Board to exercise the powers and perform die functions of a State Board in the Union
territories.
No State Board shall be constituted for a Union territory and in relation to -a Union territory, the Central
Board shall exercise the powers and perform the functions of a State Board under this Act for that Union
territory
Provided that in relation to any Union territory the Central Board may delegate all or any of its powers and
functions under this section to such person or body of persons as the Central Government may specify.
7. Terms and conditions of service of members.
(1) Save as otherwise provided by or under this Act, a member of a State Board constituted under this Act,
other than the member-secretary, shall hold office for a term of three years from the date on which his
nomination is notified in the Official Gazette:
Provided that a member shall, notwithstanding the expiration of his term, continue to hold office until his
successor enters upon his office.
(2) The terms of office of a member of a State Board constituted under this Act and nominated under clause
(b) or clause (e) of sub-section (2) of section 5 shall come to an end as soon as he ceases to hold the office
HRR/MSU/ES/905/U1/201112 47 OF 290
under the State Government as the case may be, the company or corporation owned, controlled or managed
by the State Government, by virtue of which he was nominated.
(3) A member of a State Board constituted under this Act, other than the member- secretary, may at any
time resign his office by writing under his hand addressed,-
(a) in the case of the Chairman, to the State Government; and
(b) in any other case, to the Chairman of the State Board, and the seat of be Chairman or such other
member shall thereupon become vacant.
(4) A member of a State Board constituted under this Act, other than the member-secretary, shall be
deemed to have vacated his scat, if he is absent without reason, sufficient in the opinion of the State Board,
from three consecutive meetings of the State Board or where he is nominated under clause (c) of subsection
(2) of section 5, he ceases to be a member of the local authority and such vacation of scat shall, in either
case, take effect from such as the State Government may, by notification in the Official Gazette, specify.
(5) A casual vacancy in a State Board constituted under this Act shall be filled by a fresh nomination and the
person nominated to fill the vacancy shall hold office only for the remainder of die term for which the
member whose place lie takes was nominated.
(6) A member of a State Board constituted under this Act shall be eligible for re-nomination 10
*****
(7) The other terms and conditions of service of the Chairman and other members (except the member-
secretary) of a State Board constituted under this Act shall be such as may be prescribed.
8. Disqualifications.
(1) No person shall be a member of a State Board constituted under this
(a) is, or at any time has been, adjudged insolvent, or
(b) is of unsound mind and has been so declared by a competent court,
(c) is, or has been, convicted of an offence which, in the opinion of the State Government, involves
moral turpitude, or
(d) is, or at any time has been, convicted of an offence under this Act,
(e) has directly or indirectly by himself on by any partner.. any share or interest in any Finn or
company carrying on the business of manufacture, sale, or hire of machinery, industrial plant,
c6ntrol equipment or any other apparatus for the improvement of the quality of air or for the
prevention, control or abatement of air pollution, or
(f) is a director or a secretary, manager or other salaried officer or employee of any company or
firm having any contract with the Board, or with the Government constituting the Board or with a
local authority in the State, or with a company or corporation owned, controlled or managed by the
Government, for the carrying out of programmes for the improvement of the quality of air or for
the prevention, control or abatement of air pollution, or
(g) has so abused, in the opinion Of the State Government, his position as a member, as to render
his continuance on the State Board detrimental to the interest of the general public.
(2) The State Government shall, by order in writing, remove any member who is, or has become, subject to
any disqualification mentioned in sub-section M.
Provided that no order of removal shall be made by the State Government under this section unless the
member concerned has been given a reasonable opportunity of showing cause against the same.
(3) Notwithstanding anything contained in sub-section ( 1) or sub-section (6) of section 7, a member who
has been removed under this section shall not be eligible to continue to hold office until his successor enters
upon his office, or, as the case may be, for re-nomination as a member.
9. Vacation of seats by members.
If a member of a State Board constituted under this Act becomes subject to any of the disqualifications
specified in section 8, his seat shall become vacant.
10. Meetings-of Board.
(1) For the purposes of this Act, a Board shall meet at least once in every three months and shall observe
such rules of procedure in regard to the transaction of business at its meetings as may be prescribed:
Provided that it, in the opinion of the Chairman, any business of an urgent nature is to be transacted, he
may convene a meeting of the Board at such time as he thinks fit for the aforesaid purpose.
(2) Copies of minutes of the meetings under sub-section (1) shall be forwarded to the Central Board and to
the State Government concerned.
11. Constitution -of committees.
(1) A Board may constitute as many committees consisting wholly of members or partly of members and
partly of other persons and for such purpose or purposes as it may think fit.
(2) A committee constituted under this section shall meet at such time and at such place, and shall observe
such rules of procedure in regard to the transaction of business at its meetings, as may be prescribed.
(3) The members of a committee other than the members of the Board shall be paid such fees and
allowances, for attending its meetings and for attending to any other work of the Board as may be
prescribed.
12. Temporary association of persons with Board for particular purposes.
(1) A Board may associate with itself in such manner, and for such purposes, as may be prescribed, any
person whose assistance or advice it may desire to obtain in performing any of its functions under this Act.
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(2) A person associated with the Board under sub-section (1) for any purpose shall have a right to take part
in the discussions of the Board relevant to that purpose, but shall riot have a tight to vote at a meetings of
the Board and shall not be a member of the Board for any other purpose.
(3) A person associated with a Board under sub-section (1) shall be entitled to receive such fees and
allowances as may be prescribed.
13. Vacancy in Board not to invalidate acts or proceedings.
No act or proceeding of a Board or any committee thereof shall be called in question on the ground merely of
the existence of any vacancy in or any defect in the constitution of, the Board or such committee, as the
case may be.
14. Member-secretary and officers and other employees of State Boards.
(1) The terms and conditions of service of the member-secretary of a State Board constituted under this Act
shall be such as may be prescribed.
11
[(2) The member-secretary of a State Board, whether constituted under this Act or not, shall exercise such
powers and perform such duties as may be prescribed or as may, from time to time, be delegated to him by
the State Board or its Chairman.]
(3) subject to such rules as may be made by the State Government in this behalf, a State Board, whether
constituted under this Act or not, may appoint such officers and other employees as it considers necessary
for the efficient performance of its functions under this Act.
(4) The method of appointment, the conditions of service and the scale of pay of the officers (other than the
member-secretary) and other employees of a State Board appointed under sub-section (3) shall be such as
may be determined by regulations made by the State Board under this Act.
(5) Subject to such conditions as may be prescribed, a State Board constituted under this Act may from time
to time appoint any qualified person to be a consultant to the Board and pay him such salary and allowances
or fees, as it thinks fit.
15. Delegation of powers
A State Board may, by general or special order, delegate to t1he Chairman or the member-secretary or any
other officer of the Board subject to such conditions and limitations, if any. as may be specified in the order,
such of its powers and functions under this Act as It may deem necessary.
CHAPTER III
POWERS AND FUNCTIONS OF BOARDS
16. Functions of Central Board.
(1) Subject to the provisions of this Act, and without prejudice to the performance, of its functions under the
Water (Prevention and Control of Pollution) Act, IL974 (6 of 1974), the main functions of the Central Board
shall be to improve the quality of air and to prevent, control or abate air pollution in the country.
(2) In particular and without prejudice to the generality of the foregoing functions, the Central Board may-
(a) advise the Central Government on any matter concerning the improvement of the quality of air
and the prevention, control or abatement of air pollution;
(b) plan and cause to be executed a nation-wide programme for the prevention, control or
abatement of air pollution;
(c) co-ordinate the activities of the State and resolve disputes among them;
(d) provide technical assistance and guidance to the State Boards, carry out and sponsor
investigations and research relating to problems of air pollution and prevention, control or
[(dd) perform such of the function of any State Board as may, be specified in and order made
12
under sub-section (2) of section 18;]

(e) plan and organise the training of persons engaged or to be engaged in programmes for the
prevention, control or abatement of air pollution on such terms and conditions as the Central Board
may specify;
(f) organise through mass media a comprehensive programme regarding the prevention, control or
(g) 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;
(h) lay down standards for the quality of air.,
(i) collect and disseminate information in respect of matters relating to air pollution;
(j) perform such other functions as may be prescribed.
(3) The Central Board may establish or recognise a laboratory or laboratories to enable the Central Board to
perform its functions under this section efficiently.
(4) The Central Board may-
(a) delegate any of its functions under this Act generally or specially to any of the committees appointed by
it;
(b) do such other things and perform such other acts as it may think necessary for the proper discharge of
its functions and generally for the purpose of carrying into effect the purposes Of this Act.
17. Functions of State Boards.
HRR/MSU/ES/905/U1/201112 49 OF 290
(1) subject to the provisions of this Act, and without prejudice to the performance of its functions, if any,
under the Water (Prevention and Control of Pollution) Act, 1974 (Act 6 of 1974), the functions of a State
Board shall be-
(a) to plan a comprehensive programme for the prevention, control or abatement of air pollution
and to secure the execution thereof-,
(b) to advise the State Government on any matter concerning the prevention, control or abatement
of air pollution;
(c) to collect and disseminate information relating to air pollution;
(d) to collaborate with the Central Board in organising the training of persons engaged or to be
engaged in programmes relating to prevention, control or abatement of air pollution and to
organise mass-education programme relating thereto;
(e) to inspect, at all reasonable times, any control equipment, industrial plant or manufacturing
process and to give, by order, such directions to such persons as it may consider necessary to take
steps for the prevention, control or abatement of air pollution;
(f) to inspect air pollution control areas at such intervals as it may think necessary, assess the
quality of air therein and take steps for the prevention, control or abatement of air pollution in such
areas;
(g) to lay down, in consultation with the Central Board and having regard to the standards for the
quality of air laid down by the Central Board, standards for emission of air pollutants into the
atmosphere from industrial plants and automobiles or for the discharge of any air pollutant into the
atmosphere from any other source whatsoever not being a ship or an aircraft:
Provided that different standards for emission may be laid down under this clause for different
industrial plants having regard to the quantity and composition of emission of air pollutants into the
atmosphere from such industrial plants;
(h) to advise the State Government with respect to the suitability of any premises or location for
carrying on any industry which is likely to cause air pollution;
(i) to Perform such other functions as may be prescribed or as may, from time to time, be
entrusted to it by the Central Board or the State Government;
(j) to do such other things and to perform such other acts as it may think necessary for the proper
discharge of its functions and generally for the purpose of carrying into effect the purposes of this
Act.
(2) A State Board may establish or recognise a laboratory or laboratories to enable the State Board to
perform its functions under this section efficiently.
18. Power to give directions.
13
[(]) In the performance of its functions under this Act-
(a) the Central Board shall be bound by such directions in writing as the Central Government may
give to it; and
(b) every State Board shall be bound by such directions in writing as the Central Board or the State
Government may give to it:
Provided that where a direction given by the State Government is inconsistent with the direction
given by the Central Board, the matter shall be referred to the Central Government for its decision.
14
[(2) Where the Central Government is of the opinion that any State Board has defaulted in complying with
any directions given by the Central Board under sub-section (1) and as a result of such default a grave
emergency has arisen and it is necessary or expedient so to do in the public interest, it m4y, by order, direct
the Central Board to perform any of the functions of the State Board in relation to such area, for such period
and for such purposes, as may be specified in the order.
(3) Where the Central Board performs any of the functions of the State Board in pursuance of a direction
under sub-section (2), the expenses, if any incurred by the Central Board with respect to the performance of
such functions may, if the State Board is empowered to recover such expenses, be recovered by the Central
Board with interest (at such reasonable rate as the Central Government may, by order, fix) from the date
when a demand for such expenses is made until it is paid from the person or persons concerned as arrears of
land revenue or of public demand.
(4) For the removal of doubts, it is hereby declared that any directions to perform the functions of any State
Board given under sub-section (2) in respect of any area would not preclude the State Board from
performing such functions in any other area in the State or any of its other functions'in that area.]
CHAPTER IV
PREVENTION AND CONTROL OF AIR POLLUTION
19. Power to declare air pollution control areas,
(1) The State Government may, after consultation with the State Board, by notification in the Official Gazette
declare in such manner as may be prescribed, any area or areas within the State as air pollution control area
or areas for the purposes of this Act.
(2) The State government may, after consultation with the State Board, by notification in the Official
Gazette,-
(a) alter any air pollution control area whether by way of extension or reduction ;
(b) declare a new air pollution control area in which may be merged one or more existing air
pollution control areas or any part or parts thereof.
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(3) If the State Government, after consultation with the State Board, is of opinion that the use of any fuel,
other than an approved fuel, in any air pollution control area or part thereof, may cause or is likely to cause
air pollution, it may, by notification in the Official Gazette, prohibit the use of such fuel in such area or part
thereof with effect from such date (being not less than three months from the date of publication of the
notification) as may be specified in the notification.
(4) The State Government may, after consultation with the Sate Board, by notification in the Official Gazette,
direct that with effect fr6m such date as may be specified therein, no appliance, other than an approved
appliance, shall be used in the premises situated in an air pollution control area :
Provided that different dates may be specified for different parts of an air pollution control area or for the use
of different appliances.
(5) If the State Government, after consultation with the State Board, is of opinion that the burning of any
material (not being fuel) in any air pollution control area or part thereof may cause or is likely to cause air
pollution, it may, by notification in the Official Gazette, prohibit the burning of such material in such area or
part thereof.
20. Power to give instructions for ensuring standards for emission from automobiles.
With a view to ensuring that the standards for emission of air pollutants from automobiles laid down by the
State Board tinder clause (g) of sub-section (1) of section 17 are complied with, the State Government shall,
in consultation with the State Board, give such instructions as may be deemed necessary to the concerned
authority in charge of registration of motor vehicles under the Motor Vehicles Act, 1939 (Act 4 of 1939), and
such authority shall, notwithstanding anything contained in that Act or the rules made thereunder be bound
to comply with such instructions.
21. Restrictions on use of certain industrial plants.
[(/) Subject to the provisions of this section, no person shall, without the previous consent of the State
15
Board, establish or operate any industrial plant in an air pollution control area :
Provided that a person operating any industrial plant in any air pollution control area, immediately before the
commencement of section 9 of the Air (Prevention and Control of Pollution) Amendment Act, 1987, for which
no consent was necessary prior to such commencement, may continue to do so for a period of three months
from such commencement or, if he has made an application for such consent within the said period of three
months, till the disposal of such application.]
(2) An application for consent of the State Board under sub-section (1) shall be accompanied by such fees as
may bc prescribed 'and shall be made in the prescribed form and shall contain the particulars of the
industrial plant and such other particulars as may be prescribed :
Provided that where any person, immediately before the declaration of any area as an air pollution control
area, operates in such area any industrial plant, 16*** such person shall make the application under this sub-
section within such period (being not less than three months from the date of such declaration) as may be
prescribed and where such person makes such application, he shall be deemed to be operating such
industrial plant with the consent of the State Board until the consent applied for has been refused,
(3) The State Board may make such inquiry as it may deem fit in respect of the application for consent
referred to in sub-section (1) and in making any such inquiry, shall follow such procedure as may be
prescribed.
(4) Within a period of four months after the receipt of the application for consent referred to in sub-section
(1), the State Board shall, by order in writing, 17[and for reasons to be recorded in the order, grant the
consent applied for subject to such conditions and for such period as may be specified in the order, or refuse
consent:]
[Provided that it shall be open to the State Board to cancel such consent before the expiry of the period for
18
which it is granted or refuse further consent after such expiry if the conditions subject to which such consent
has been granted are not fulfilled:
Provided further that before cancelling a consent or refusing a further consent under the first provision, a
reasonable opportunity of being heared shall be given to the person concerned.]
(5) Every person to whom consent has been granted by the State Board under sub-section (4), shall comply
with the following conditions, namely -
(i) the control equipment of such specifications as the State Board may approve in this behalf shall
be installed and operated in the premises where the industry is carried on or proposed to be carried
on;
(ii) the existing control equipment, if any, shall be altered or replaced in accordance with the
directions of the State Board;
(iii) the control equipment referred to in clause (i) or clause (ii) shall be kept at all times in good
running condition;
(iv) chimney, wherever necessary, of such specifications as the State Board may approve in this
behalf shall be erected or re-erected in such premises; .and
(v) such other conditions as the State Board, may specify in this behalf,
(vi) the conditions referred to in clauses (i), (ii) and (iv) shall be complied with within such period
as the State Board may specify in this behalf-
Provided that in the case of a person operating any industrial plant 19*** in an air pollution control
area immediately before the date of declaration of such area as an air pollution control area, the
period so specified shall not be less than six months :
Provided further that-
HRR/MSU/ES/905/U1/201112 51 OF 290
(a) after the installation of any control equipment in accordance with the specifications under clause
(i), or
(b) after the alteration or replacement of any control equipment in accordance with the directions
of the State Board under clause (ii), or
(c) after the erection or re-erection of any chimney under clause (iv), no control equipment or
chimney shall be altered or replaced or, as the case may be, erected or re-created except with the
previous approval of the State Board.
(6) If due to any technological improvement or otherwise the State Board is of opinion that all or any of the
conditions referred to in sub-section (5) require or requires variation (including the change of any control
equipment, either in whole or in part), the State Board shall, after giving the person to whom consent has
been granted an opportunity of being heard, vary all or any of such conditions and thereupon such person
shall be bound to comply with the conditions as so varied.
(7) Where a person to whom consent has been granted by the State Board under sub-section (4) transfers
his interest in the industry to any other person, such consent shall be deemed to have been granted to such
other person and he shall be bound to comply with all the conditions subject to which it was granted as if the
consent was granted to him originally.
22. Persons carrying on industry, etc., and to allow emission of air pollutants in excess of the
standard laid down by State Board.
No person 20**** operating any industrial plant, in any air pollution control area shall discharge or cause or
permit to be discharged the emission of any air pollutant in excess of the standards laid down by the State
Board under clause (g) of sub-section (1) of section 17.
[22A. Power of Board to make application to court for restraining person from causing air
21
pollution.
(1) Where it is apprehended by a Board that emission of any air pollutant, in excess of the standards laid
down by the State Board under clause (g) of sub-section (1) of section 17, is likely to occur by reason of any
person operating an industrial plant or otherwise in any air pollution control area, the Board may make an
application to a court, not inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first
class for restraining such person from emitting such air pollutant.
(2) On receipt of the application under sub-section (1), the court may make such order as it deems fit.
(3) Where under sub-section (2), the court makes an order restraining any person from discharging or
causing or permitting to be discharged the emission of any air pollutant, it may, in that order,-
(a) direct such person to desist from taking such action as is likely to cause emission;
(b) authorise the Board, if the direction under clause (a) is no , t complied with by the person to
whom such direction is issued, to implement the direction in such manner as may be specified by
the court.
(4) All expenses incurred by the Board in implementing the &ections of the court under clause (b) of sub-
section (3) sl)all be recoverable from the person concerned as an-ears of land revenue or of public demand.
23. Furnishing, of information to State Board and other agencies in certain cases.
(1) Where in any 22*** area the emission of any air pollutant into the atmosphere in excess of the standards
laid down by the State Board occurs or is apprehended to occur due to accident or other unforeseen act or
event, the person in charge of the premises from where which emission occurs or is apprehended to occur
shall forthwith intimate the fact of such occurrence or the apprehension of such occurrence to the State
Board and to such authorities or agencies as may be prescribed.
(2) On receipt of information with respect to the fact or the apprehension of any occurrence of the nature
referred to in sub-section (1), whether through intimation under that sub-section or otherwise, the State
Board and the authorities or agencies shall, as early as practicable, cause such remedial measure to be I
aken as are necessary to mitigate the emission of such air pollutants.
(3) Expenses, if any, incurred by the State Board, authority or agency with respect to the remedial measures
referred to in sub-section (2) together with interest ("t such reasonable rate, as the State Government may,
by order, fix) from the date when a demand for the expenses is made until it is paid, may be recovered by
that Board, authority or agency from the person concerned, as arrears of land revenue, or of public demand.
24. Power of entry and inspection.
(1) Subject to the provisions of this section, any person empowered by a State Board in this behalf shall
have a right to enter, at all reasonable times with such assistance as he considers necessary, any place---
(a) for the purpose of performing any of the functions of the State Board entrusted to him :
(b) for the purpose of determining whether and if so in what manner, any such functions are to be
performed or whether any provisions of this Act or the rules made thereunder or any notice, order,
direction or authorisation served, made, given or granted under this Act is being or has been
complied with;
(c) for the purpose of examining and testing any control equipment, industrial plant, record,
register, document or any other material object or for conducting a search of any place in which he
has reason to believe that an offence under this Act or the rules made has been or is being or is
about to be committed and for seizing any such control equipment, industrial plant, record,
register, document or other material object if he has reasons to believe that it may furnish evidence
of the commission of an offence punishable under this Act or the rules made thereunder.
(2) Every person 23*** operating any control equipment or any industrial plant, in an air pollution control
area shall be bound to render all assistance to the person empowered by the State Board under sub-section
(1) for carrying out the functions under that sub-section and if he fails to do so without any reasonable cause
or excuse, he shall be guilty of an offence under this Act.
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(3) If any person willfully delays or obstructs any person empowered by the State Board under sub-section
(1) in the discharge of his duties, he shall be guilty of an offence under this Act.
(4) The provisions of the Code of Criminal Procedure, 1973, or, in relation to the State of Jammu and
Kashmir, or any area, in which that Code is not in force, the provisions of any corresponding law in force in
that State or area, shall, so far as may be, apply to any search or seizure under this section as they apply to
any search or seizure made under the authority of a warrant issued under section 94 of the said Code or, as
the case may be, under the corresponding provisions of the said law.
25. Power to obtain information.
For the purposes of carrying out the functions entrusted to it, the State Board or any officer empowered by it
in Ns behalf may call for any information (including information regarding the types of air pollutants emitted
into the atmosphere and the level of the emission of such air pollutants) from the occupier or any other
person carrying oil any industry or operating any control equipment or industrial plant and for the purpose of
verifying the correctness of such information, the State Board or such officer shall have the right to inspect
the premises where such industry, control equipment or industrial plant is being carried on or operated.
26. Power to take samples of air or emission and procedure to be followed in connection
therewith.
(1) A State Board or any officer empowered by it in this behalf shall have power to take, for the purpose of
analysis, samples of air or emission from any chimney, flue or duct or any other outlet in such manner as
may be prescribed.
(2) The result of any analysis of a sample of emission taken under subsection (1) shall not be admissible in
evidence in any legal proceeding unless the provisions of sub-sections (3) and (4) are complied with.
(3) Subject to the provisions of sub-section (4), when a sample of emission is taken for analysis under sub-
section (1), the person taking the sample shall-
(a) serve on the occupier or his agent, a notice, then and there, in such form as may be prescribed,
of his intention to have it so analysed;
(b) in the presence of the occupier or his agent, collect a sample of emission for analysis;
(c) cause the sample to be placed in a container or containers which shall be marked and sealed
and shall also be signed both by the person taking the sample and the occupier or his agent;
(d) send, without delay, the container to the laboratory established or recognised by the State
Board under section 17 or, if a request in that behalf is made by the occupier or his agent when the
notice is served on him under clause (a), to the laboratory established or specified under sub-
section (1) of section 28.
(4) When a sample of emission is taken for analysis under sub-section (1) and the person taking the sample
serves on the occupier or his agent, a notice under clause (a) of sub-section (3), then,-
(a) in a case where the occupier or his agent willfully absents himself, the person taking the sample
shall collect the sample of emission for analysis to be placed in a container or containers which shall
be marked and sealed and shall also be signed by the person taking the sample, and
(b) in a case where the occupier or his agent is present at the time of taking the sample but refuses
to sign the marked and scaled container or containers of the sample of emission as required under
clause (c) of subsection (3), the marked and sealed container or containers shall be signed by the
person taking the sample,
and the container or containers shall be sent without delay by the person 'Caking the sample for analysis
to the laboratory established or specified under sub-section (7) of section 28 and such person shall inform
the Government analyst appointed under sub-section (1) of section 29, in writing, about the wilfull absence
of the occupier or his agent, or, as the case may be, his refusal to sing the container or containers.
27. Reports of the result of analysis on samples taken under section 26.
(1) Where a sample of emission has been sent for analysis to the laboratory established or recognised by the
State Board, the Board analyst appointed under sub-section (2) of section 29 shall analyse the sample and
submit a report in the prescribed form of such analysis in triplicate to the State Board.
(2) On receipt of the report under sub-section (1), one copy of the report shall be sent by the State Board to
the occupier or his agent referred to in section 26, another copy shall be preserved for production before the
court in case any legal proceedings are taken against him and the other copy shall be kept by the State
Board.
(3) Where a sample has been sent for analysis under clause (a~ of sub-section (3) or sub-section (4) of
section 26 to any laboratory mentioned therein, the Government analyst referred to in the said sub-section
(4) shall analyse the sample and submit a report in the prescribed form of the result of the analysis in
triplicate to the State Board which shall comply with the provisions of sub-section (2).
(4) Any cost incurred in getting any sample analysed at the request of the occupier or his agent as provided
in clause (d) of sub-section (3) of section 26 or when he wilfully absents himself or refuses to sing the
marked and scaled container or containers of sample of emission under sub-section (4) of that section, shall
be payable by such occupier or his agent and in case of default the same shall be recoverable from him as
arrears of land revenue or of public demand.
28. State Air Laboratory.
(1) The State Government may, by notification in the Official Gazette,-
(a) establish one or more State Air Laboratories; or
(b) specify one or more laboratories or institutes as State Air Laboratories to carry out the functions
entrusted to the State Air Laboratory under this Act.
(2) The State Government may, after consultation with the State Board, make rules prescribing-
HRR/MSU/ES/905/U1/201112 53 OF 290
(a) the functions of the State Air Laboratory;

(b) the procedure for the submission to the said Laboratory of samples of air or emission for
analysis or tests, the form of the Laboratory's report thereon and the fees payable in respect of
such report;
(c) such other matters as may be necessary or expedient to enable that Laboratory to carry out its
functions.
29. Analysis.
(1) The State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit
and having the prescribed qualifications to be government analysts for the purpose of analysis of samples of
air or emission sent for analysis to any laboratory established or specified under sub-section (1) of section
28.
(2) Without prejudice to the provisions of section 14, the State Board may, by notification in the Official
Gazette, and with the approval of the State Government, appoint such persons as it thinks fit and having the
prescribed qualifications to be Board analysts for the purpose of analysis of samples of air or emission sent
for analysis to any laboratory established or recognised under section 17.
30. Reports of analysis.
Any document purporting to be a report signed by a Government analyst or, as the case may be, a Statc
Board analyst may be used as evidence of the facts stated therein in any proceeding under this Act.
31. Appeals,
(1) Any person aggrieved by an order made by the State Board under this Act may, within thirty day from
the date on which the order is communicated to him, prefer an appeal to such authority (hereinafter referred
to as the Appellate Authority) as the State government may think fit to constitute :
Provided that the Appellate Authority may entertain the appeal after tile expiry of the said period of thirty
days if such authority is satisfied that the appellant was prevented by sufficient cause from filing the appeal
in time.
(2). The Appellate Authority shall consist of a single person or three persons as the State Government may
think fit to be appoint by the State Government.
(3) The form and the manner in which an appeal may be preferred under subsection (1), the fees payable for
such appeal and the procedure to be followed by the Appellate Authority shall be such as may be prescribed.
(4) On receipt of an appeal preferred under sub-section (1), the Appellate Authority shall, after giving the
appellant and the State Board an opportunity of being heard, dispose of the appeal as expeditiously as
possible.
24
[31A. Power to give directions
Notwithstanding anything contained in any other law, im. subject to the provisions of this Act, and to any
directions that the Central Government may give in this behalf, a Board may, in the exercise of its powers
and performance of its functions under this Act, issue any directions in writing to any person, officer or
authority, and such person, officer or authority shall be bound to comply with such directions.
Explanation.-For the avoidance of doubts, it is hereby declared that tile power to issue directions under this
section, includes the power to direct-
(a) the closure, prohibition or regulation of any industry, operation or
(b) the stoppage or regulation of supply of electricity, water or any other service.]
CHAPTER V
FUND, ACCOUNTS AND AUDIT
32. Contribution by Central Government.
The Central Government may, after due appropriation made by Parliament by law in this behalf make in each
financial year such contributions to the State Boards as it may think necessary to enable the State Board to
perform their functions under this Act:
Provided that noting in this section shall apply to any 25[State Board for the Prevention and Control of water
Pollution] constituted under section 4 of the Water (Prevention and Control of Pollution) Act, 1974, which is
empowered by that Act to expend money from its fund thereunder also for. performing its functions, under
any law for the time being in force relating to the prevention, control or abatement of air pollution.
33. Fund of Board.
(1) Every State Board shall have its own fund for the purposes of this Act and all sums which may, from time
to time, be paid to it by the *Central Government and all other receipts (by way of contributions, if any, from
the State Government, fees, gifts, grants, donations benefactions or otherwise) of that Board shall be carried
to the fund of the Board and all payments by the Board shall be made therefrom.
(2) Every State Board may expend such sums as it thinks fit for performing its functions under this Act and
such sums shall be treated as expenditure payable out of the fund of that Board.
(3) Nothing in this section shall apply to any 25[State Board for the Prevention and Control of Water Pollution]
constituted under section 4 of the Water -(Prevention and Control of Pollution) Act, 1974, which is
empowered by that Act to expend money from its fund thereunder also for performing its functions under
any law for the time being in force relating to the prevention., control or abatement of air pollution.
26
[33A. Borrowing powers of Board.
A Board may, with the consent of, or in accordance with the terms of any general or special authority given
to it by, the Central Government or, as the case may be, the State Government, borrow money from any
source by way of loans or issue of bonds, debentures or such other instruments, as it may deem fit, for
discharging all or any of its functions under this Act.]
HRR/MSU/ES/905/U1/201112 54 OF 290
34. Buduct.
The Central Board or as the case may be the State Board shall, during each financial year, prepare, in such
form and at such time as may be prescribed, a budget in respect of the financial year next ensuing showing
the estimated receipt and expenditure under this Act, and copies thereof shall be forwarded to the Central
Government or, as the case may be, the State Government.
27
[35. Annual report.
(1) The Central Board shall, during each financial year, prepare, in such form as may be prescribed, an
annual report giving full account of its activities under this Act during the previous financial year and copies
thereof shall be forwarded to the Central Government within four months from the last date of the previous
financial year and that Goverriment shall cause every such report to be laid before both Houses of Parliament
within nine months of the last date of the previous financial year.
(2) Every State Board shall, during each financial year, prepare, in such fort-n as may be prescribed, an
annual report giving full account of its activities under this Act during the previous financial year and copies
thereof shall be forwarded to the State Government within four months from the last date of the previous
financial year and that Government shall cause every such report to be laid before the State Legislature
within a period of nine months from the date of the previous financial year.)
36. Accounts and audit.
(1) Every Board shall, in relation to its functions under this Act, maintain proper accounts and other relevant
records and prepare an annual statement of accounts in such form as may be prescribed by the Central
Government or, as the case may be, the State Government.
(2) The accounts of the Board shall be audited by an auditor duly qualified to act as an auditor of companies
under section 226 of the Companies Act, 1956.
(3) The said auditor shall be appointed by the Central Government or, as the case may be, the State
Government on the advice of the Comptroller and Auditor General of India.
(4) Every auditor appointed to audit the accounts of the Board under this Act shall have the right to demand
the production of books, accounts, connected vouchers and other documents and papers and to inspect any
of the offices of the Board.
(5) Every such auditor shall send a copy of his report together with an audited copy of the accounts to the
Central Government or, as the case may be, the State Government.
(6) The Central Government shall, as soon as may be after the receipt of the audit report under sub-section
(5), cause the same to be laid before both Houses of Parliament.
(7) The State Government shall, as soon as may be after the receipt of the audit report under sub-section
(5), cause the same to be laid before the State Legislature.
CHAPTER VI
PENALTIES AND PROCEDURE
28
[37. Failure to comply with the provisions of section 21 or section 22 or with the directions
issued under section 31A.
(1) whoever fails to comply with the provisions of section 21 or section 22 or directions issued under section
3 1 A, shall, in respect of each such failure, be punishable with imprisonment for a terms which shall not be
less than one year and six months but which may extend to six years and with fine, and in case the failure
continues, with an additional fine which may extend to five thousand rupees for every day during which such
failure continues after the conviction for the first such failure.
(2) If the failure referred to in sub-section (1) continues beyond a period of one year after the date of
conviction, the offender shall be punishable with imprisonment for a term which shall not be less than two
years but which may extend to seven years and with fine.]
38. Penalties for certain acts.
Whoever-
(a) destroys, pulls down, removes, injures or defaces any pillar, post or stake fixed in the ground or
any notice or other matter put up, incsribed or placed, by or under the authority of the Board, or
(b) obstructs any person acting under the orders or directions of the Board from exercising his
powers and performing his functions under this Act, or
(c) damages any works or property belonging to the Board, or
(d) fails to furnish to the Board or any officer or other employee of the Board any information
required by the Board or such officer or other employee for the purpose of this Act, or
(e) fails to intimate the occurrence of the emission of air pollutants into the atmosphere in excess
of the standards laid down by the State Board or the apprehension of such occurrence, to the State
Board and other prescribed authorities or agencies as required under sub-section (1) of section 23,
or
(f) in giving any information which he is required to give under this Act, makes a statement which
is false in any material particular, or
(g) for the purpose of obtaining any consent under section 21, makes a statement which is false in
any material particular shall be punishable with imprisonment for a term which may extend to three
months or with fine which may extend to 29[ten thousand rupees] or with both.
30
[39. Penalty for contravention of provisions of the Act.
Whoever contravenes any of the provisions of this Act or any order or direction issued thereunder, for which
no penalty has been elsewhere provided in this Act, shall be punishable with imprisonment for a term which
may extend to three months or with fine which may extend to ten thousand rupees or with both, and in the
HRR/MSU/ES/905/U1/201112 55 OF 290
case of continuing contravention, with an additional fine which may extend to five thousand, rupees for every
day during which such contravention continues after conviction for the first such contravention.)
40. Offences by companies.
(1) Where an offence under this Act has , been committed by a company, every person who, at the time the
offence was committed, was directly in charge of, and was responsible to, the company for the conduct of
the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall
be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment
provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised
all due diligence to prevent the commission of such offence.
committed by a company and it is proved that the offence has ben committed with the consent or
connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other
officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of
that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.-For the purpose of this section,-
(a) "company" means any body corporate, and includes a firin or other association of individuals;
and
(b) "director", in relation to a firm, means a partner in the firm.
41. Offences by Government Departments.
(1) Where an offence under this Act has been committed by any Department of Government, the Head of the
Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly:
Provided that nothing contained in this section shall render such Head of the Department liable to any
punishment if he proves that the offence was committed without his knowledge or that he exercised all due
diligence to prevent the commission of such offence.
committed by a Department of Government and it is proved that the offence has been committed with the
consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the Head of
the Department, such officer shall also be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly. ,
42. Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Goverwnent er any officer of the
Government or any member or any officer or other employee of the Board in respect of anything which is
done or intended to be done in good faith in pursuance of Otis Act or the rules made thereunder.
31
[43. Cognizance of offences
(1) No court shall take cognizance of any offence under this Act except on a complaint made by-
(a) a Board or any officer authorised in this behalf by it; or
(b) any person who has given notice of not less than sixty days, in the manner prescribed, of the
alleged offence and of his intention to make a complaint to the Board or officer authorised as
aforesaid, and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the
first class shall try any offence punishable under this Act.
(2) Where a complaint has been made under clause (b) of sub-section (1), 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.]
44. Members, officers and employees of Board to be public servants.
All the members and all officers and other employees of a Board when acting or purporting to act in
pursuance of any of the provisions of this Act or the rules made thereunder shall be deemed to be public
servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
45. Reports and returns.
The Central Board shall, in relation to its functions under this Act, furnish to the Central Goveniment, and a
State Board shall, in relation to its functions under this Act, furnish to the State government and to the
Central Board such reports, returns, statistics, accounts and other information as that Government, or, as
the case may be, the Central Board may, from time to time, require.
46. Bar of jurisdiction.
No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an
Appellate Authority constituted under this Act is empowered by or under this Act to determine, and no
injunction shall be granted by any court or other authority in respect of any action taken or to be taken in
pursuance of any power conferred by or under this Act.
CHAPTER VII
MISCELLANEOUS
47. Power of Central Government to supersede State Board,
(1) If at any time the State Government is of opinion-
(a) that a State Board constituted under this Act has persistently made default in the performance
of the functions imposed on it by or under this Act, or
HRR/MSU/ES/905/U1/201112 56 OF 290
(b) that circumstances exist which render it necessary in the public interest so to do,
the State Government may, by notification in the Official Gazette, supersede the State Board for such period,
not exceeding six months, as may be specified in the notification:
Provided that before issuing a notification under this sub-section for the reasons mentioned in clause (a), the
State Government shall give a reasonable opportunity to the State Board to show cause why it should not be
superseded and shall consider the explanations and objections, if any, of the State Board.
(2) Upon the publication of a notification under sub-section (1) superseding the State Board,-
(a) all the members shall, as from the date of supersession, vacate their offices as such;
(b) all the powers, functions and duties which may, by or under this Act, be exercised, performed
or discharged by the State Board shall, until the State Board is reconstituted under sub-section (3),
be exercised, performed or discharged by such person or persons as the State Government may
direct.-,
(c) all property owned or controlled by the State Board shall, until the Board is reconstituted under
sub-section (3), vest in the State Government.
(3) On the expiration of the period of supersession specified in the notification issued under sub-section (1),
the State Government may-
(a) extend the period of supersession for such further term, not exceeding six months, as it may consider
necessary; or
(b) reconstitute the State Board by a fresh nomination or appointment as the case may be, and in such case
any person who vacated his office under clause (a) of sub-section (2) shall also be eligible for nomination or
appointment.
Provided that the State Government may at any time before the expiration of the period of supersession
whether originally specified under sub-section (1) or as extended under this sub-section, take action under
clause (b) of this sub-section.
48. Special provision in the case of supersession of the Central Board or the State Boards
constituted under the Water (Prevention and Control of Pollution) Act, 1974.
Where the Central Board or any State Board constituted under the Water (Prevention and Control of
Pollution) Act, 1974 (Act 6 of 1974), is superseded by the Central Government or the State Government, as
the case may be, under that Act, all the powers, functions and duties of the Central Board or such State
Board under this Act shall be exercised, performed or discharged during the period of such supersession by
the person or persons, exercising, preforming or discharging the powers, functions and duties of the Central
Board or such State Board under the Water (Prevention and Control of Pollution) Act, 1974, during such
period.
49. Dissolution of State Boards constituted under the Act
(1) As and when the Water (Prevention and Control of Pollution) Act, 1974 (Act 6 of 1974), comes into force
in any State and the State Government constitutes a I [Scate Board for the Prevention and Control of Water
Pollution] under that Act, the State Board constituted by the State Government under this Act shall stand
dissolved and the Board first-mentioned shall exercise the powers and perform the functions of the Board
second-mentioned in that State,
(2) On the dissolution of the State Board constituted under this Act,--
(a) all the members shall vacate their offices as such;
(b) all moneys and other property of whatever kind (including the fund of the State Board) owned by, or
vested in, the State Board, immediately before such dissolution, shall stand transferred to and vest in the
32
[State Board for the Prevention and Control of Water Pollution];
(c) every officer and other employee serving under the State, Board immediately before such dissolution
shall be transferred to and become an officer or other employee of the I [State Board for the Prevention and
Control of Water Pollution] and hold office by the same tenure and at the same remuneration and on the
same terms and conditions of service as he would have held the same if the State Board constituted under
this Act had not been dissolved and shall continue to do so unless and until such tenure, remuneration and
conditions of service are duly altered by the 33[State Board for the Prevention and Control of Water Pollution]
:
Provided that the tenure, remuneration and terms and conditions of service of any such officer or other
employee shall not be altered to his disadvantage without the previous sanction of the State Government;
(d) all liabilities obligations of the State Board of whatever kind, immediately before such dissolution, shall be
deemed to be the liabilities or obligations, as the case may be, of the l[State Board for the Prevention and
Control of Water Pollution] and any proceeding or cause of action, pending or existing immediately before
such dissolution by or against the State Board constituted under this Act in relation to such liability or
obligation may be continued and enforced by or against the I [State Board for the Prevention and Control of
Water Pollution.]
50. [Power to amend the Schedule.] Rep. by the Air (Prevention and Control of Pollution) Amendment Act,
1987 (47 of 1987), s. 22 (w.e.f. 1-41988).
51. Maintenance of register.
(1) Every State Board shall maintain a register containing particulars of the persons to whom consent has
been granted under section 21, the standard for emission laid down by it in relation to each such consent
and such other particulars as may be prescribed.
(2) The register maintained under sub-section (1) shall be open to inspection at all reasonable hours by any
person interested in or affected by such standards for emission or by any other person authorised by such
person in this behalf.
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52. Effect of other laws.

Save as otherwise provided by or under the Atomic Energy Act, 1962 (33 of 1962), in relation to radioactive
air pollution the provisions of this Act shall have effect notwithstanding anything inconsistent therewith
contained in any enactment other than this Act.
53. Power of Central Government to make rules.
(1) The Central Government may, in consultation with the Central Board by notification in the Official
Gazette, make rules in respect of the following matters namely :-
(a) the intervals and the time and place at which meetings of the Central Board or any committee
thereof shall be held and the procedure to be followed at such meetings, including the quorum
necessary for the transaction of business thereat, under sub-section (1) of section 10 and under
sub-section (2) of section 11;
(b) the fees and allowances to be paid to the members of a committee of the Central Board, not
being members of the Board, under sub-section (3) of section 11;
(c) the manner in which and the purposes for which persons may be associated with the Central
Board under sub-section (1) of section 12;
(a) the fees and allowance to be paid under sub-section (3) of section 12 to persons associated
with the Central Board under sub-section (/) of section 12;
(e) the functions to be performed by the Central Board under clause (j) of sub-section (2) of
section 16;
34
[(f) the form in which and the time within which the budget of the Central Board may be prepared and
forwarded to the Central Government under section 34;
(ff) the form in which the annual report of die Central Board may be prepared under section 35;1
(g) the form in which the accounts of the Central Board may be maintained under sub-section (1) of section
36.
(2) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is
made, before each House of Parliament, while it is in session, for a total period of thirty days which may be
comprised in one session or in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafte have
effect only in such modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously done under that
rule.
54. Power of State Government to make rules.
(1) Subject to the provisions of sub-section (3), the State Government may, by notification in the Official
Gazette, make rules to carry out the purposes of this Act in respect of matter not falling within the purview
of section 53.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for
all or any of the following matters, namley --
[(a) the qualifications, knowledge and experience of scientific, engineering or management aspect
35
of pollution control required for appointment as member-secretary of a State Board constituted

under the Act;]
[(aa) the terms and conditions of service of the Chairman and other members (other than the
36
member-secretary) of the State Board constituted under this Act under sub-section (7) of section
7;
(b) the intervals and the time and place at which meetings of the State Board or any committee
thereof shall be held and the procedure to be followed at such meetings, including the quorum
necessary for the transaction of business thereat, under sub-section (1) of section 10 and under
(c) the fees and allowances to be paid to the members of a committee of the State Board, not
being members of the Board under sub-section (3) of section 11;
(d) the manner in which and the purpose for which persons may be associated with the State Board
under sub-section (1) of section 12;
(e) the fees and allowances to be paid under sub-section (3) of section 12 to persons associated
with the State Board under sub-section (1) of section 12;
(f) the terms and conditions of service of the member-secretary of a State Board constituted under
this Act under sub-section (1) of section 14;
(g) the powers and duties to be exercised and discharged by the member-secretary of a State
Board under sub-section (2) of section 14;
(h) the conditions subject to which a State Board may appoint such officers and other employees as
it considers necessary for the efficient performance of its functions under sub-section (3) of section
14;
(i) the conditions subject to which a State Board may appoint a consultant under sub-section (5) of
section 14;
(j) the functions to be performed by the State Board under clause (i) of sub-section (1) of section
17;
(k) the manner in which any area or areas may be declared as air pollution control area or areas
under sub-section (1) of section 19;
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(l) the form of application for the consent of the State Board, the fees payable therefore, the period
within which such application shall be made and the particulars it may contain, under sub-section
(2) of section 21;
(m) the procedure to be followed in respect of an inquiry under subsection (3) of section 2 1;
(n) the authorities or agencies to whom information under sub-section (1) of section 23 shall be
furnished;
(o) the manner in which samples of air or emission may be taken under sub-section (1) of section
26;
(p) the form of the notice referred to in sub-section (3) of section 26;
(q) the form of the report of the State Board analyst under sub-section (1) of section 27;
(r) the form of the report of the Government analyst under sub-section (3) of section 27;
(s) the functions of the State Air Laboratory, the procedure for the submission to the said
Laboratory of samples of air or emission for analysis or tests, the form of Laboratory's report
thereon, the fees payable in respect of such report and other matters as may be necessary or
expedient to enable that Laboratory to carry out its functions, under sub-section (2) of section 28;
(t) the qualifications required for Government analysts under subsection (1) of section 29;
(u) the qualification required for State Board analysts under sub-section (2) of section 29;
(v) the form and the manner in which appeals may be preferred, the fees payable in respect ot
such appeals and the procedure to be followed by the Appellate Authority in disposing of the
appeals under sub-section (3) of section 31;
[(w) the form in which and the time within which the budget of the State Board may be prepared
37
and forwarded to the State Government under section 34;

(ww) the form in which the annual report of the State Board may be prepared under section 35,1
(x) the form in which the accounts of the State Board may be maintained under the sub-section (1)
of section 36;
[(xx) the manner in which notice of intention to make a complaint shall be given under section
38
43;]
(y) the particulars which the register maintained under section 51 may contain;
(z) any other matter which has to be, or may be, prescribed.
(3) After the first constitution of the State Board, no rule with respect to any of the matters referred to in
sub-section (2) other than those referred to 39[in clause (aa) thereof], shall be made, varied, amended or
repealed without consulting that Board.
[The Schedule.] Omitted by the air (Prevention and Control of Pollution) Amendment Act, 1987, s. 25 (w.e.f.
1-4-1988)
1
16-5-1981 : vide notification No. G.S.R. 351 (E), dated 15-5-1981,GazeL*,e of India, Extraordinary, Part
II, Section 3(i) page 944.
2
Ins. by Act 47 of 1987, s. 2 (w.e.f. 1-4-1988).
3
The words in brackets "Central Board for the Prevention and Control of Water Pollution" shall be subs. as
"Central Pollution Control Board" by Act 47 of 1987, s. 2 (date to be notified).
4
Subs. by Act 47 of 1987, s. 2, for cl. (m) (w.e.t. 1-4-1988).
5
The words in brackets "State Board for the Prevention and Control of Water pollution" shall be subs. as
"State Polution Control Board" s. 2 ibid. (date to be notified).
6
For sections 3 and 4, the following sections shall stand subs. by s.3 ibid., (date to be notified) namely :- 3.
Central Pollution Control Board-The Central Pollution Control Board constituted under section 3 of the Water
(Prevention and Control of Pollution) Act, 1974 (6 of 1974), shall, without prejudice to the exercise and
performance of its powers and functions under that Act, exercise the powers and perform the functions of the
Central Pollution Control Board for the prevention and control of air pollution under this Act.
7
State Pollution Control Boards constituted under section 4 of Act 6 of 1974 to be State Boards under this
Act.-In any State in which the Water (Prevention and Control of Pollution) Ai-t, 1974, is in force and the
State Government has constituted for that State a State Pollution Control Board under section 4 of that Act,
such State Board shall be deemed to be the State Board for the Prevention and Control of Air Pollution
constituted under section 5 of this Act, and accordingly that State Pollution Control Board shall Without
prejudice to the exercise and performance of its powers and functions under that Act, exercise the powers
and perform the functions of the State Board for the prevention and control of air pollution under this Act.
8
The words in brackets "State Board for the Prevention and Control of Water Pollution" shall be substituted
as "State Pollution Control Board" by Act 47 of 1987, s. 4, (date to be notified).
9
Subs. by s. 4, ibid., for cl. (f) (w.e.f. 1-4-1988).
10
The words "but not for more than two terms" omitted by Act 47 of 1987, s. 5 (w.e.f. 1.4.1988)
11
Subs. by Act 47 of 1987, -. 6, for sub-section (2) (w.e.f. 1-4-1988).
12
Ins. by Act 47 of 1987. s. 7 (w.e.f. 1-4-1988).
13
S. 18 renumbered as sub-section (1) thereof by Act 47 of 1987, s. 8 (w.e.f. 1-4-1988).
14
Ins. by s. 8, ibid. (w.e.f. 1-4-1988).
15
Subs. by Act 47 of 1987, s. 9, for sub-section (1) (w.e.f. 1-4-1988).
16
Certain words omitted by s. 9, ibid., (w.e.f. 1-4-1988).
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17
Subs. by Act 47 of 1987, s. 9, for certain words (w.e.f. 1 .4 19881).
18
Ins. by s. 9, ibid. (w.e.f. 1-4-1988).
19
Certain words omitted by Act 47 of 1987,s. 9, (w.e.f. 1-4-988).
20
Certain words omitted by Act 47 of 1987, s. 10 . (w.e.f. 1-4-1998).
21
Ins by s. 11, ibid. (w.e.f. 1-4-1988).
22
The words "air pollution control" omitted by s. 12, ibid., (w.e.f. 14-1988).
23
Certain words omitted by Act 47 of 1987, s, 13 (w.e.f. 1-4-1988).
24
Ins. by Act 47 of 1987, s. 14 (w.e.f. 1-4-1988).
25
The Words in brackets "State Board for the Prevention and control of Water Pollution" shall be substituted
as "State Pollution Control Board" by Act 47 of 1987, s. 15 (date to be notified).
26
Ins. by Act 47 of 1987, s. 16 (w.e.f. 1-4-1988).
27
Subs. by Act 47 of 1987, s. 17, for s. 35 (w.e.f. 1-4-1988).
28
Subs. by Act. 47 of 1987, s. 18, for s. 37 (w.e.f. 1-4-1988).
29
Subs. by Act 47 of,1987, s. 19, for "five hundred rupees" (w.e.f. 1-4-1988).
30
Subs. bv s. 20. ibid., for s. 39 (w.e.f. 1-4-1988).
31
Subs. by Act 47 of 1987, s. 21, for s. 43 (w.e.f. 1-4-1988).
32
The Words in brackets "State Board for the Prevention and control of Water Pollution" shall be substituted
33
The Words in brackets "State Board for the Prevention and Control of Water Pollution", shall be substituted
34
Subs. by Act 47 of 1987, s. 23, for cl. (f) (w.e.f. 1-4-1988).
35
Ins by Act 47 of 1987, s. 24, (w.e.f. 1-4-1988).
36
Act (p) renumbered as cl. (aa) by s. 24, ibid. (w.e.f. 1-4-1988).
37
Subs. by AcL 47 of 1987, s. 24. for cl. (w) (wx.f. 1-4-1988).
38
Ins. by Ac, 47 of 1987, s. 24 (w.e.f. 1-4-1988).
39
Subs. by s. 24, ibid., for "in clause (a)" (w.e.f 1-4-1988).
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THE AIR (PREVENTION AND CONTROL OF POLLUTION) RULES, 1982
DEPARTMENT OF ENVIRONMENT
NOTIFICATION
New Delhi, the 18 November, 1982
G.S.R. 712(E):-In exercise of the powers conferred by section 53 of Air Prevention and Control of Pollution)
Act, 1981 (14 of 1981) the Central Government in consultation with the Central Board for the Prevention and
Control of Water Pollution hereby makes the following rules, namely .-
CHAPTER 1
PRELIMINARY

(1) These rules may be called the Air (Prevention and Control of Pollution) Rules, 1982.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions.
In these rules unless the context otherwise requires.-
(a) "Act" means the Air (Prevention and Control of Pollution) Act, 1981;
(b) "Chairman" means the Chairman of the Central Board;
(c) "form" means a form set out in the Schedules;
(d) "meeting" means a meeting of the Central Board or a meeting of Committee constituted by the
Central Board;
(e) "member Secretary" means the member secretary of the Central Board;
(f) "Schedule" means a Schedule appended to these rules;
(g) "section" means a section of the Act;
(h) "year" means the financial year commencing on the 1st day of April;
(i) words and expressions not defined in these rules but defined in the Act shall have the meaning
assigned to them in the Act.
CHAPTER 2
PROCEDURE FOR TRANSACTION OF BUSINESS OF THE BOARD AND ITS COMMITTEES
3. Notice of meetings.
(1) Meeting of the Central Board shall be held on such dates as may be fixed by the Chairman.
(2) The Chairman shall, upon a written request of not less than five members of the Central Board or upon a
direction of the Central Government, call a special meeting of the Central Board.
(3) Fifteen clear days' notice of an ordinary meeting and three days' notice of a special meeting specifying
the time and the place at which such meeting is to be held and an agenda of business to be transacted
thereat, shall be given by the member-secretary or Chairman to the members or any other officers of the
Board.
(4) Notice of the meeting may be given to the members by delivering the same by messenger or sending it
by registered post to his last known place of S residence or business or in such other manner as-the
Chairman may, in the circumstances of the case, think fit.
(5) No member shall be entitled to bring forward for the consideration of a meeting any matter of which he
has not given ten clear-day's notice to the member Secretary unless the Chairman, in his discretion, permits
him to do so.
(6) If the Chairman or presiding officer adjourns a meeting from day to day or any particular day he shall
give reason thereof and no fresh notice shall be required for such an adjourned meeting;
4. Presiding Officer.
Every meeting shall be presided over by the Chairman and in his absence, by a presiding officer to be of
elected by the members present from amongst themselves.
5. All questions to be decided by majority.
(1) All questions at a meeting shall be decided by-a majority of votes of members present and voting shall
be by raising of hands in favour of the proposal.
(2) In case of an equality of votes, the Chairman or presiding officer shall have a second or casting vote.
6. Quorum.
(1) Five members shall form the quorum for any meeting.
(2) If at any time fixed for any meeting or during the course of any meeting a quorum is not present, the
Chairman or presiding member shall adjoin the meeting and if a quorum is not present after the expiration of
fifteen minutes from such adjournment, the presiding officer shall adjourn the meeting to such time on the
following or on such other future date as he may fix.
(3) If the meeting is adjourned to some future date due to lack of quorum, fresh notice will be given to the
absentee members as to the date and time on which the next meeting will be held.
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(4) No matter which had not been on the agenda of the original meeting shall be discussed at such
adjourned meeting.
7. Minutes.
(1) Record of the proceedings of every meeting along with the names of members who attended the meeting
shall be kept by the member-secretary in a book maintained by him exclusively for the purpose.
(2) The minutes of the previous meeting shall be read at the beginning of every succeeding meeting and
shall be confirmed and signed by the Chairman or presiding officer at such meeting,
(3) The proceedings shall be open to inspection by any member at the once of the Central Board during
office hours.
8. Maintaining order at meetings.
The Chairman or presiding officer shall preserve order at a meeting.
9. Business to be transacted at a meeting.
(1) No business shall be transacted in the meeting without quorum.
(2) Except with the permission of the chairman or presiding officer, no business which is not entered in the
agenda or of which notice has not been given by a member under sub-rule (5) of the rule 3, shall be
transacted at any meeting.
10. Order of business.
(1) At any meeting business shall be transacted in the order in which it is entered in the agenda circulated to
the members under sub-rule (3) of rule 3.
(2) Either at the beginning of the meeting or after the conclusion of the debate on a motion during the
meting, the Chairman or presiding officer or a member may suggest a change in the order of business as
entered in the agenda and if the majority of the members present agree, the Chairman or presiding officer
shall agree to such a change.
11. Procedure for transaction of business of committees constituted by the Board under sub-
section (1) of Section 11.
(1) The time and place of the meting of a committee constituted by the Central Board under sub-section (I)
of section 11 shall be as specified by the Chairman of the committee.
(2) Provision of Chapter-2 of these rules shall as far as practicable, apply to the meeting of the committee
constituted under section 11.
CHAPTER 3
12. A member of a committee other than a member of the Board shall be paid an allowance of rupees fifty if
he is a resident of Delhi and rupees seventy-five (inclusive of daily allowance3 and also travelling allowance
at such rate as is admissible to a grade I officer of the Central Government in the case of non resident, for
each day of the actual meeting of the committee which he attends.
Provided that in case of a member of Parliament who is also a member of the Central Board, the said daily
and travelling allowances will be admissible when the Parliament is not in session and on production of a
certificate by the member that he has not drawn any such allowance for the same journey and halts from
any other Government source.
CHAPTER 4
TEMPORARY ASSOCIATION OF PERSONS WITH THE CENTRAL BOARD
13. Manner and purpose of Association of persons with the Central Board under sub-section (1) of
section 12.
The Central Board may invite any person whose assistance or advise is considered useful in performing any
of its functions, to participate in the deliberations of any of its meetings or the meetings of a committee
formed by it
14. Fees and allowances to be paid to such temporary association of persons under sub-section
(3) of section 12.
(1) If the person associated with the Board under rule 13 happens to be a non-official resident in Delhi, he
shall be entitled to get an allowance of rupees fifty per day for each day of actual meeting of the Central
Board in which he is so associated.
(2) If such person is non-resident of Delhi, he shall be entitled to get an allowance of rupees seventy five per
day (inclusive of daily allowance) for each day of actual meeting of the Central Board when he is so
associated and also to travelling allowance at such rates as is admissible to a grade I officer of the Central
Government.
(3) Notwithstanding anything in sub-rules (I) and (2) if such person is a
Government servant or an employee in a Government undertaking, he shall be entitled to travelling and daily
allowances only at the rates admissible under the relevant rules applicable to him:
Provided that in case of a member of Parliament who is also a member of the Central Board, the said daily
and travelling allowances will be admissible when the Parliament is not in session and on production of a
certificate by the member that he has not drawn any such allowance for the same journey and halts from
any other Government source.
CHAPTER 5
BUDGET OFTHE CENTRAL BOARD
15. Form of budget estimates under section 34.
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(1) The form in which and time within which the budget may be prepared and provided and forwarded to the
government shall be as provided in forms I, II, III and IV of Schedule 1.
(2) The estimated receipts and expenditure shall be accompanied by the revised budget estimates for the
current year.
(3) The budget shall, as far as may be, based on the account heads specified in Schedule 11.
CHAPTER 6
ANNUAL REPORT OFTHE CENTRAL BOARD
16. Form of Annual Report under section 35.
The annual report in respect of the year last ended giving a true and full account of the activities of the
Central Board during the previous financial year shall contain the particulars specified in Schedule 111 and
shall be submitted to the Central Government by 15th of May each year.
CHAPTER 7
ACCOUNT OF THE CENTRALBOARD
17. Form of annual statement of accounts of the Central Board under section 36.
The annual statement of accounts of the Central Board shall be in forms V to IX.
[Q. 16013/2/81-FPC]
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SCHEDULE I
FORM I
Detailed Budget Estimates for the Year 19
(See rule 15)
ADMINISTRATION
(Expenditure)
Heads of Actuals of the past three years Sanctioned Actuals of last Actuals of Revised Budget Variations Variations Explanation
Accounts estimate for six months six months estimate for Estimate for between between for columns
the current i.e., 19.... 19 current year the current the next columns columns 10&11
year 19..... 19. year 19..... year 19 5&8 8&9
19 19 19
1 2 3 4 5 6 7 8 9 10 11 12
FORM II
ESTABLISHMENT
Statement details of provision for pay of officers/Establishment for the year 19...-19
(See rule 15)
1 2 3 4 5 6 7
Name and Reference Sanctioned pay of the Post Amount of Increment falling due within the year Total provision for the Remarks
designation to page of provisions for the year i.e. total columns
4&5
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estimate Minimum/Maximum Actual pay of the year at the rate Date of Rate of Amount of
form person concerned due on 1st April next in column increment increment increment
year for the year
(a) (b) (c) 3(c) (a) (b) (c)
FORM III
NOMINAL ROLLS
(See rule 15)
Name and Pay Dearness City House rent Over-time Children Leave travel Other allowances Total
designation allowance compensatory allowance allowance educational concession
allowance allowance
1 2 3 4 5 6 7 8 9 10
Total
FORM IV
(Abstract of Nominal Rolls)
(See rule 15)
Actual Particulars of Sanctioned budget grant 19... - Revised Estimates 19... - 19... Budget estimates 19 – 19 Explanation for the
sanctioned posts 19... difference between
strength as on sanctioned budget grant
1st March, 19 No. of posts Pay and No. of posts Pay and No. of posts Pay and revised estimates and
included allowances included allowances included allowances budget estimates.
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1 2 3 4 5 6 7 8 9
I. Officers
(a) Posts filled
(b) Posts vacant
Total I Officers
II. Establishment
(a) Posts filled
(b) Posts vacant
Total II Establishment
III. Class IX
(a) Posts filled
(b) Posts vacant
Total III-Class IV
GRAND TOTAL - I, II and III
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SCHEDULE II
BUDGET AND ACCOUNT HEADS
[See rule 15(3)]
ADMINISTRATION
Heads of Accounts (Expenditure)
1. Salaries.
2. Wages.
3. Travel expenses.
4. Office expenses.
(a) Furniture.
(b) Postage.
(c) Office machines/equipment
(d) Liveries.
(e) Hot and cold weather charges.
(f) Telephones.
(g) Electricity and water charges
(h) Stationery.
(i) Printing.
(j) Staff car and other vehicles.
(k) Other items.
5. Fee and honoraria.
6. Payment for professional and special services.
7. Rents, rates and taxes/royalty.
8. Publications.
9. Advertising sales and publicity expenses.
10. Grants in aid/contributions/subsidies.
11. Hospitality expenses sumptuary allowances etc.
12. Pensions/gratuities.
13. Write off/losses.
14. Suspenses.
15. Expenses in connection with the setting up and maintenance of the Board laboratory.
16. Other charges (a residuary head, this will al ,o include rewards and prizes).
Heads of Account (Receipts).
1. Payments by Central Government.
2. Fees.
3. Fines and other receipts.
1[SCHEDULE III]
(See Rule 16)
ANNUAL REPORT FOR THE FINANCIAL YEAR
APRIL 1, 19... TO MARCH 31, 19...
CHAPTER-l : Introduction
CHAPTER-2 : Constitution of the Board including changes therein.
CHAPTER-3 : Meeting of the Board with major decisions taken therein.
CHAPTER-4 : Committees constituted by the Board and their activities.
CHAPTER-5 : Monitoring Network for air, water and soil quality.
CHAPTER-6 : Present state of environment environmental problems and counter measures.
CHAPTER-7 : Environmental Research.
CHAPTER-8 : Environmental Training.
CHAPTER-9 : Environmental Awareness and Public Participation.
CHAPTER-10 : Environmental Standards including time schedule for their enforcement
CHAPTER-11.1 : Prosecutions launched and convictions secured for environmental pollution control.
CHAPTER-11.2 : Directions given for closure of polluting industrial units.
CHAPTER-12 : Finance and accounts of the Board.
CHAPTER-13 : Annual Plan of the following year.
CHAPTER-14 : Any other important matter dealt with by the Central Board.
ANNEXURES
1. Members of the Board.
2. Organisation Chart.
3. Staff Strength including recruitment.
4. Publications.
5. Training Courses/Seminars/Workshops organised or attended.
6. Consents to establish industries, operations & processes-issued/refused.
7. Consents to operate industries operations & process-issued/refused.
[F.No. Z-20013/4/91-CPW]
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FORM V
Receipts and payments for the year ended
(See rule 17)
Previous year Receipts Previous year Payments
1 2 3 4
Opening Balance ________________ 1. Capital Expenditure

I. Grants received ________________ (i) Works
(a) from Government _____________ (ii) Fixed Assets
(b) from other agencies ___________ (iii) Other Assets
II. Fees ________________________ (a) Laboratory Equipment
(b) Vehicles
(c) Furnitures and Fixtures
(d) Scientific Instruments and office appliances
(e) Tools and Plant
III. Fines and Forfeitures. 2. Revenue Expenditure

IV. Interest of investments. (A) Administrative
V. Miscellaneous Receipts. (i) Pay of Officers
VI. Miscellaneous Advances. (ii) Pay of Establishment
VII. Deposits (iii) Allowances and Honoraria
(iv) Leave Salary and Pension Contributions
(v) Contingent Expenditure
Deduct Recoveries
TOTAL _________
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(B) (i) Board Laboratory.

(ii) Charges to be paid to the
Central Water Laboratory.
(C) Running and Maintenance of vehicles
(D) Maintenance and Repairs
(i) Building and land Drainage including rents, if any
(ii) Works
(iv ) Scientific Instruments and Office Appliances
(v) Tools and Plants
(vi) Temporary works (including maintenance and repairs)
(E) Fees to Consultants and Specialists
(F) Law charges
(G) Miscellaneous
(H) Fees for Audit
3. Purchases _______________________
4. Miscellaneous __________________
5. Advances ____________________
6. Deposits _____________________
Closing Balance ___________________
Total ___________________________
Accounts Officer Member Secretary Chairman
FORM VI
Income and Expenditure Account for the year ended 31st March, 19__
(See rule 17)
Expenditure Income
Previous year Details Total of sub- Total of major Previous year Details Total of sub- Total of major
head head head head
1 2 3 4 5 6 7 8
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To By
REVENUE EXPENDITURE (I) GRANTS RECEIVED
(A) Administrative: (a) From Government
(i) Pay of Officers (b) From other agencies.
(ii) Pay of establishment Total :
(iii) Allowances & Honoraria Less:
(iv) Leave salary and Pension Contributions Amount utilised for capital expenditure net grant
(v) Board's Contributions to the staff Provident Fund available for Revenue expenditure
(vi) Contigent expenditure Deduct Recoveries (II) Fees:-
(B) Running Expenses of Laboratories: (III) Service Rental Charges.
(i) Main Laboratory (IV) Fines and Forfeitures.
(ii) Payments to be made to Central Water Laboratory (V) Interest on investments.
(C) Running Water and Maintenance of Vehicles (VI) Miscellaneous Receipts.
(D) Maintenance and Repairs: (VII) Excess of expenditure over incoem.
(i) Building and Land Drainage Total :
(ii) Works
(iii) Furnitures & Fixtures
(iv) Scientific instruments and office appliances.
(v) Tools and Plants
FORM VII
Balance Sheet as at 31st March, 19� .
(See rule 17)
Capital and Liabilities Property and Assets
Previous year Details Total of sub-head Total of major Previous year Details Total of sub-head Total of major
head head
1 2 3 4 5 6 7 8
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A. Capital Fund 1. Works-

(i) Grants received from Govt. for (As per Form VIII)
Capital expenditure. 2. Fixed Assets
(a) Amount utilised upto 31st March 19__ (As per Form IX)
(b) Unutilised balance on 31st March 19__ (a) Value of land provided by Govt.
(ii) Grant from other agencies for (at cost).
Capital expenditure (b) Buildings-
(a) Amount utilised upto 31st March 19__ Balance as per last
(b) Unutilised balance on 31st March 19__ Balance sheet
(iii) Value of land provided by Govt. Additions during the year
(per contra) Total
B. Capital Receipts- Less :
C. (i) Deposits received for works from Depreciation during the year
Outside bodies- Total:
(ii) Deposits- 3. Other Assets
Less Expenditure- (As per Form IX)
(iii) Other deposits- (a) Laboratory equipment as per last balance sheet-additions during the year
D. Amounts due- Total:
(i) Purchases Less:
(ii) Others _ Depreciation during the year
E. Excess of income over expenditure- Total:
(i) upto 31st March 19.. . (b) Vehicles as per last balance sheet.
(ii) Add for the year Additions during the year.
Total :
(iii) Deduct-Excess of Expenditure over income Less :

Total:
(c) Furniture and Fixtures.
Total:
(d) Scientific Instruments and Office.
Appliances-
Additions during the year
Total:
(e) Tools and Plants
As per last Balance Sheet
Additions during the year
Total:
Less:
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Depreciation during the year.
Total:
4. Sundry Debtors- (i) Amounts due from outside bodies
for expenditure incurred-
Expenditure
Less amount received
(ii) Other Sundry Debtors
5. Advances
(a) Miscellaneous Advances.
(b) Cash at Bank
(c) Cash in hand
(d) Cash in transit
Total-: Total
FORM VIII
CENTRAL POLLUTION CONTROL BOARI)
Expenditure on works as on 3Ist March, 19
(Item l-Asset of the Balance Sheet)
(See Rule 17)
Sl. No. Name of Upto 3lst March 19 During the year 19 Upto 31st March 19
work
Direct Overhead Total Direct Overhead Total Direct Overhead Total
Expenditure Charges Expenditure Expenditure Charges Expenditure Expenditure Charges Expenditure
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TOTAL
FORM IX
Fixed Assets as on 31st March, 19 (Item 2 Assets to the Balance Sheet).
Other Assets as on 31st March, 19 (Item 3 Assets to the Balance Sheet).
(See Rule 17)
Sl. No. Particulars of Balance as on Additions Total Depreciation Sales of write off Balance as on 31st Cumulative
Assets. 31stMarch 19 during the during the year during the year March 19 Depreciation as on
years 31st March 19
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THE ENVIRONMENT (PROTECTION) ACT, 1986

No. 29 OF 1986
[23rd May, 1986.]
An Act to provide for the protection and improvement of environment and for matters connected there with:
WHEREAS the decisions were taken at the United NationsConference on the Human Environment held at Stockholm in June, 1972, in
which India participated, to take appropriate steps for the protection and improvement of human environment;
AND WHEREAS it is considered necessary further to implement the decisions aforesaid in so far as they relate to the protection and
improvement of environment and the prevention of hazards to human beings, other living creatures, plants and property;
BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1.SHORT TITLE, EXTEND AND COMMENCEMENT
(1) This Act may be called the Environment (Protection) Act, 1986.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different
dates may be appointed for different provisions of this Act and for different areas.1
2.DEFINITIONS
In this Act, unless the context otherwise requires,--

(a) "environment" includes water, air and land and the interrelationship which exists among and between water, air and land, and
human beings, other living creatures, plants, micro-organism and property;
(b) "environmental pollutant" means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be,
injurious to environment;
(c) "environmental pollution" means the presence in the environment of any environmental pollutant;
(d) "handling", in relation to any substance, means the manufacture, processing, treatment, package, storage, transportation, use,
collection, destruction, conversion, offering for sale, transfer or the like of such substance;
(e) "hazardous substance" means any substance or preparation which, by reason of its chemical or physico-chemical properties or
handling, is liable to cause harm to human beings, other living creatures, plant, micro-organism, property or the environment;
(f) "occupier", in relation to any factory or premises, means a person who has, control over the affairs of the factory or the premises
and includes in relation to any substance, the person in possession of the substance;
(g) "prescribed" means prescribed by rules made under this Act.
CHAPTER II
GENERAL POWERS OF THE CENTRAL GOVERNMENT
3. POWER OF CENTRAL GOVERNMENT TO TAKE MEASURES TO PROTECT AND IMPROVE ENVIRONMENT
(1) Subject to the provisions of this Act, the Central Government, shall have the power to take all such measures as it deems
necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing controlling and
abating environmental pollution.
(2) In particular, and without prejudice to the generality of the provisions of sub-section (1), such measures may include measures
with respect to all or any of the following matters, namely:--
(i) co-ordination of actions by the State Governments, officers and other authorities--
(a) under this Act, or the rules made thereunder, or
(b) under any other law for the time being in force which is relatable to the objects of this Act;
(ii) planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution;
(iii) laying down standards for the quality of environment in its various aspects;
(iv) laying down standards for emission or discharge of environmental pollutants from various sources whatsoever:
Provided that different standards for emission or discharge may be laid down under this clause from different sources having regard to
the quality or composition of the emission or discharge of environmental pollutants from such sources;
(v) 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;
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(vi) laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial
measures for such accidents;
(vii) laying down procedures and safeguards for the handling of hazardous substances;
(viii) examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution;
(ix) carrying out and sponsoring investigations and research relating to problems of environmental pollution;
(x) inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving,
by order, of such directions to such authorities, officers or persons as it may consider necessary to take steps for the prevention,
control and abatement of environmental pollution;
(xi) establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such
environmental laboratories and institutes under this Act;
(xii) collection and dissemination of information in respect of matters relating to environmental pollution;
(xiii) preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution;
(xiv) such other matters as the Central Government deems necessary or expedient for the purpose of securing the effective
implementation of the provisions of this Act.
(3) The Central Government may, if it considers it necessary or expedient so to do for the purpose of this Act, by order, published in
the Official Gazette, constitute an authority or authorities by such name or names as may be specified in the order for the purpose of
exercising and performing such of the powers and functions (including the power to issue directions under section 5) of the Central
Government under this Act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be
mentioned in the order and subject to the supervision and control of the Central Government and the provisions of such order, such
authority or authorities may exercise and powers or perform the functions or take the measures so mentioned in the order as if such
authority or authorities had been empowered by this Act to exercise those powers or perform those functions or take such measures.
4. APPOINTMENT OF OFFICERS AND THEIR POWERS AND FUNCTIONS
(1) Without prejudice to the provisions of sub-section (3) of section 3, the Central Government may appoint officers with such
designation as it thinks fit for the purposes of this Act and may entrust to them such of the powers and functions under this Act as it
may deem fit.
(2) The officers appointed under sub-section (1) shall be subject to the general control and direction of the Central Government or, if
so directed by that Government, also of the authority or authorities, if any, constituted under sub- section (3) of section 3 or of any
other authority or officer.
5. POWER TO GIVE DIRECTIONS
Notwithstanding anything contained in any other law but subject to the provisions of this Act, the Central Government may, in the
exercise of its powers and performance of its functions under this Act, issue directions in writing to any person, officer or any
authority and such person, officer or authority shall be bound to comply with such directions. 3
Explanation--For the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the
power to direct--
(a) the closure, prohibition or regulation of any industry, operation or process; or
(b) stoppage or regulation of the supply of electricity or water or any other service.
6. RULES TO REGULATE ENVIRONMENTAL POLLUTION
(1) The Central Government may, by notification in the Official Gazette, make rules in respect of all or any of the matters referred to
in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following
matters, namely:--
(a) the standards of quality of air, water or soil for various areas and purposes; 4
(b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas;
(c) the procedures and safeguards for the handling of hazardous substances;5
(d) the prohibition and restrictions on the handling of hazardous substances in different areas; 6
(e) the prohibition and restriction on the location of industries and the carrying on process and operations in different areas; 7
(f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing
for remedial measures for such accidents.8
CHAPTER III
PREVENTION, CONTROL, AND ABATEMENT OF ENVIRONMENTAL POLLUTION
7. PERSONS CARRYING ON INDUSTRY OPERATION, ETC., NOT TO ALLOW EMISSION OR DISCHARGE OF
ENVIRONMENTAL POLLUTANTS IN EXCESS OF THE STANDARDS
No person carrying on any industry, operation or process shall discharge or emit or permit to be discharged or emitted any
environmental pollutants in excess of such standards as may be prescribed.9
8. PERSONS HANDLING HAZARDOUS SUBSTANCES TO COMPLY WITH PROCEDURAL SAFEGUARDS
No person shall handle or cause to be handled any hazardous substance except in accordance with such procedure and after
complying with such safeguards as may be prescribed.10
9. FURNISHING OF INFORMATION TO AUTHORITIES AND AGENCIES IN CERTAIN CASES
(1) Where the discharge of any environmental pollutant in excess of the prescribed standards occurs or is apprehended to occur due
to any accident or other unforeseen act or event, the person responsible for such discharge and the person in charge of the place at
which such discharge occurs or is apprehended to occur shall be bound to prevent or mitigate the environmental pollution caused as a
result of such discharge and shall also forthwith--
(a) intimate the fact of such occurrence or apprehension of such occurrence; and
(b) be bound, if called upon, to render all assistance,
to such authorities or agencies as may be prescribed.11
(2) On receipt of information with respect to the fact or apprehension on any occurrence of the nature referred to in sub-section (1),
whether through intimation under that sub-section or otherwise, the authorities or agencies referred to in sub-section (1) shall, as
early as practicable, cause such remedial measures to be taken as necessary to prevent or mitigate the environmental pollution.
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(3) The expenses, if any, incurred by any authority or agency with respect to the remedial measures referred to in sub-section (2),
together with interest (at such reasonable rate as the Government may, by order, fix) from the date when a demand for the expenses
is made until it is paid, may be recovered by such authority or agency from the person concerned as arrears of land revenue or of
public demand.
10. POWERS OF ENTRY AND INSPECTION
(1) Subject to the provisions of this section, any person empowered by the Central Government in this behalf 12 shall have a right to
enter, at all reasonable times with such assistance as he considers necessary, any place--
(a) for the purpose of performing any of the functions of the Central Government entrusted to him;
(b) for the purpose of determining whether and if so in what manner, any such functions are to be performed or whether
any provisions of this Act or the rules made thereunder orany notice, order, direction or authorisation served, made, given
or granted under this Act is being or has been complied with;
(c) for the purpose of examining and testing any equipment, industrial plant, record, register, document or any other
material object or for conducting a search of any building in which he has reason to believe that an offence under this Act or
the rules made thereunder has been or is being or is about to be committed and for seizing any such equipment, industrial
plant, record, register, document or other material object if he has reason to believe that it may furnish evidence of the
commission of an offence punishable under this Act or the rules made thereunder or that such seizure is necessary to
prevent or mitigate environmental pollution.
(2) Every person carrying on any industry, operation or process of handling any hazardous substance shall be bound to render all
assistance to the person empowered by the Central Government under sub-section (1) for carrying out the functions under that sub-
section and if he fails to do so without any reasonable cause or excuse, he shall be guilty of an offence under this Act.
(3) If any person wilfully delays or obstructs any persons empowered by the Central Government under sub-section (1) in the
performance of his functions, he shall be guilty of an offence under this Act.
(4) The provisions of the Code of Criminal Procedure, 1973, or, in relation to the State of Jammu and Kashmir, or an area in which
that Code is not in force, the provisions of any corresponding law in force in that State or area shall, so far as may be, apply to any
search or seizures under this section as they apply to any search or seizure made under the authority of a warrant issued under
section 94 of the said Code or as the case may be, under the corresponding provision of the said law.
11. POWER TO TAKE SAMPLE AND PROCEDURE TO BE FOLLOWED IN CONNECTION THEREWITH
(1) The Central Government or any officer empowered by it in this behalf, 13 shall have power to take, for the purpose of analysis,
samples of air, water, soil or other substance from any factory, premises or other place in such manner as may be prescribed. 14
(2) The result of any analysis of a sample taken under sub-section (1) shall not be admissible in evidence in any legal proceeding
unless the provisions of sub-sections (3) and (4) are complied with.
(3) Subject to the provisions of sub-section (4), the person taking the sample under sub-section (1) shall--
(a) serve on the occupier or his agent or person in charge of the place, a notice, then and there, in such form as may be
prescribed, of his intention to have it so analysed;
(b) in the presence of the occupier of his agent or person, collect a sample for analysis;
(c) cause the sample to be placed in a container or containers which shall be marked and sealed and shall also be signed
both by the person taking the sample and the occupier or his agent or person;
(d) send without delay, the container or the containers to the laboratory established or recognised by the Central
Government under section 12.
(4) When a sample is taken for analysis under sub-section (1) and the person taking the sample serves on the occupier or his agent
or person, a notice under clause (a) of sub-section (3), then,--
(a) in a case where the occupier, his agent or person wilfully absents himself, the person taking the sample shall collect the
sample for analysis to be placed in a container or containers which shall be marked and sealed and shall also be signed by
the person taking the sample, and
(b) in a case where the occupier or his agent or person present at the time of taking the sample refuses to sign the marked
and sealed container or containers of the sample as required under clause (c) of sub-section (3), the marked and sealed
container or containers shall be signed by the person taking the samples, and the container or containers shall be sent
without delay by the person taking the sample for analysis to the laboratory established or recognised under section 12 and
such person shall inform the Government Analyst appointed or recognised under section 12 in writing, about the wilfull
absence of the occupier or his agent or person, or, as the case may be, his refusal to sign the container or containers.
12.ENVIRONMENTAL LABORATORIES
(1) The Central Government15 may, by notification in the Official Gazette,--
(a) establish one or more environmental laboratories;
(b) recognise one or more laboratories or institutes as environmental laboratories to carry out the functions entrusted to an
environmental laboratory under this Act.16
(2) The Central Government may, by notification in the Official Gazette, make rules specifying--
(a) the functions of the environmental laboratory; 17
(b) the procedure for the submission to the said laboratory of samples of air, water, soil or other substance for analysis or
tests, the form of the laboratory report thereon and the fees payable for such report; 18
(c) such other matters as may be necessary or expedient to enable that laboratory to carry out its functions.
13. GOVERNMENT ANALYSTS
The Central Government may by notification in the Official Gazette, appoint or recognise such persons as it thinks fit and having the
prescribed qualifications19 to be Government Analysts for the purpose of analysis of samples of air, water, soil or other substance sent
for analysis to any environmental laboratory established or recognised under sub-section (1) of section 12.
14. REPORTS OF GOVERNMENT ANALYSTS
Any document purporting to be a report signed by a Government analyst may be used as evidence of the facts stated therein in any
proceeding under this Act.
15. PENALTY FOR CONTRAVENTION OF THE PROVISIONS OF THE ACT AND THE RULES, ORDERS AND DIRECTIONS
(1) Whoever fails to comply with or contravenes any of the provisions of this Act, or the rules made or orders or directions issued
thereunder, shall, in respect of each such failure or contravention, be punishable with imprisonment for a term which may extend to
five years with fine which may extend to one lakh rupees, or with both, and in case the failure or contravention continues, with
HRR/MSU/ES/905/U1/201112 76 OF 290
additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues after the
conviction for the first such failure or contravention.
(2) If the failure or contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the
offender shall be punishable with imprisonment for a term which may extend to seven years.
16. OFFENCES BY COMPANIES
(1) Where any offence under this Act has been committed by a company, every person who, at the time the offence was committed,
was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the
company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he
proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such
offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it
is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any
director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also deemed to
be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation--For the purpose of this section,--
17. OFFENCES BY GOVERNMENT DEPARTMENTS
(1) Where an offence under this Act has been committed by any Department of Government, the Head of the Department shall be
deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Provided that nothing contained in this section shall render such Head of the Department liable to any punishment if he proves that
the offence was committed without his knowledge or that he exercise all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a Department of
Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect
on the part of, any officer, other than the Head of the Department, such officer shall also be deemed to be guilty of that offence and
shall be liable to be proceeded against and punished accordingly.
CHAPTER IV
MISCELLANEOUS
18. PROTECTION OF ACTION TAKEN IN GOOD FAITH
No suit, prosecution or other legal proceeding shall lie against the Government or any officer or other employee of the Government or
any authority constituted under this Act or any member, officer or other employee of such authority in respect of anything which is
done or intended to be done in good faith in pursuance of this Act or the rules made or orders or directions issued thereunder.
19. COGNIZANCE OF OFFENCES
No court shall take cognizance of any offence under this Act except on a complaint made by--
(a) the Central Government or any authority or officer authorised in this behalf by that Government, 20 or
(b) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his
intention to make a complaint, to the Central Government or the authority or officer authorised as aforesaid.
20. INFORMATION, REPORTS OR RETURNS
The Central Government may, in relation to its function under this Act, from time to time, require any person, officer, State
Government or other authority to furnish to it or any prescribed authority or officer any reports, returns, statistics, accounts and other
information and such person, officer, State Government or other authority shall be bound to do so.
21. MEMBERS, OFFICERS AND EMPLOYEES OF THE AUTHORITY CONSTITUTED UNDER SECTION 3 TO BE PUBLIC
SERVANTS
All the members of the authority, constituted, if any, under section 3 and all officers and other employees of such authority when
acting or purporting to act in pursuance of any provisions of this Act or the rules made or orders or directions issued thereunder shall
be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
22. BAR OF JURISDICTION
No civil court shall have jurisdiction to entertain any suit or proceeding in respect of anything done, action taken or order or direction
issued by the Central Government or any other authority or officer in pursuance of any power conferred by or in relation to its or his
functions under this Act.
23. POWERS TO DELEGATE
Without prejudice to the provisions of sub-section (3) of section 3, the Central Government may, by notification in the Official
Gazette, delegate, subject to such conditions and limitations as may be specified in the notifications, such of its powers and functions
under this Act [except the powers to constitute an authority under sub-section (3) of section 3 and to make rules under section 25] as
it may deem necessary or expedient, to any officer, State Government or other authority.
24. EFFECT OF OTHER LAWS
(1) Subject to the provisions of sub-section (2), the provisions of this Act and the rules or orders made therein shall have effect
notwithstanding anything inconsistent therewith contained in any enactment other than this Act.
(2) Where any act or omission constitutes an offence punishable under this Act and also under any other Act then the offender found
guilty of such offence shall be liable to be punished under the other Act and not under this Act.
25. POWER TO MAKE RULES
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
matters, namely--
(a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; 21
(b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or
caused to be handled under section 8;22
HRR/MSU/ES/905/U1/201112 77 OF 290
(c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge
of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be
bound to be rendered under sub-section (1) of section 9;23
(d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-
section (1) of section 11;24
(e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub section (3) of
section 11;25
(f) the functions of the environmental laboratories,26 the procedure for the submission to such laboratories of samples of air,
water, soil and other substances for analysis or test; 27 the form of laboratory report; the fees payable for such report and
other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12;
(g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water,
soil or other substances under section 13;28
(h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be
given under clause (b) of section 19;29
(i) the authority of officer to whom any reports, returns, statistics, accounts and other information shall be furnished under
section 20;
(j) any other matter which is required to be, or may be, prescribed.
26. RULES MADE UNDER THIS ACT TO BE LAID BEFORE PARLIAMENT
Every rule made under this Act shall be laid, as soon as may be after it is made, before each Hose of Parliament, while it is in session,
for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule.
1
It came into force in the whole of India on 19th November, 1986 vide Notification No. G.S.R. 1198(E) dated 12-11-86 published in
the Gazette of India No. 525 dated 12-11-86.
2
The Central Government has delegated the powers vested m it under section 5 of the -Act to the State Governments of Andhra
Pradesh, Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Karnatalca, Kerala, Madhya Predesh, Mizoram, Orissa, Rajasthan,
Sikkim and Tamil Nadu subject to the condition that the Central Government may revoke such delegation of Powers in respect of all or
any one or more of the State Governments or may itself invoke the provisions of section 5 of the Act, if in the opinion of the Central
Government such a course of action is necessary in public interest, (Notification No, S.O. 152 (E) dated 10-2-88 published in Gazette
No. 54 of the same date). These Powers have been delegated to the following State Governments also on the same terms:
Meghalaya, Punjab and Uttar Pradesh vide Notification No. S.0.389 (E) dated 14-4-88 published in the Gazette No. 205 dated 144-88;
Maharashtra vide Notification No. S.O. 488(E) dated 17-5-88 published in the Gazette No. 255 dated 17-5-88;
Goa and Jammu & Kashmir vide Notification No. S.O. 881 (E~ dated 22-9-88; published in the Gazette No. 749 dated 22.9.88.
West Bengal Manipur vide Notificadon N. S.O. 408 (E) dated 6-6-89; published in the Gazette No. 319 dated 6-6-89;
Tripura vide Notification No. S.O. 479 (E) dated 25-7-91 published in thc Gazene No. 414 dated 25-7-91.
3
For issuing directions see r.4 of Itnviromnent (Protection) Rules, 1986.
4
See r. 3 of Environment (Protection) Rules, 1986 and Schedules thereto.
i. Schedule I lists the standards for emission or discharge of environmental pollutants from the industries, processes or operations and
their maximum allowable limits of concentration;
ii. Schedule II lists general standards for discharge of effluents and their maximum limits of concentration allowable;
iii. Schedule III lists ambient air quality standards in respect of noise and its maximum allowable limits; and
iv. Schedule IV lists standards for emission of smoke, vapour etc. from motor vehicles and maximum allowable limits of their
emission.
5
See r. 13 of Environment (Protection) Rules, 1986, and
i. Hazardous Wastes (Management and Handling) Rules, 1989;
ii. Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989; and
iii. Rules for the Manufacture, Use, Import, Export and Storage of Hazardous Micro organisms, Genetically-engineered organisms or
Cells.
6
Rule 13 SUPRA.
7
See r. 5 of Environment (Protection) Rules, 1986.
8
See r. 12 of Environment (Protection) Rules and Schedule 11, and relevant provisions of Hazardous Wastes (Management and
Handling) Rules, Manufacture, Storage and Import of Hazardous Chemicals Rules and Rules for the Manufacture, Use, Import Export
and Storage of hazardous Micro-organisms, Genetically Engineered Organisms or Cells.
9
See r. 3 of Environment (Protection) Rules, 1486 and Schedule I.
10
See r. 13 of Environment (Protection) Rules, 1986 and
i. Hazardous Wastes (Management and Handling) Rules, 1989;
ii. Manufacture, Storage and h7lporl of Hazardous Chemicals Rules, 1989; and
iii. Rules for the Manufacture, Use Import, Export and Storage of Hazardous Micro organisms, Genetically Engineered organisms or
Cells.
11
For authorities or agencies see r. 12 of Environment (Protection) Rules, 1986 and Schedule
12
The Central Govt. has empowered 60 persons listed in the Table (p. 251) vide S.O. 83 (E) published in the Gazette of India No. 66
dated 16-2-87 and S.O. 63 (E) published in the Gazette of India No. 42 dated 18-1-88.
13
In excercise of powers conferred under sub-section (i) of section 11 the Central Government has empowered 60 officers listed in the
Table (p. 254) vide S.O. 84. (E) published in the Gazette No. 66 dated 16-2-87 and S.O. 62(E) published in the Gazette No. 42 dated
18-l-88.
14
For procedure for taking samples see r. 6 of Environment (Protection) Rules, 1986, also.
15
The Central Government has delegated its powers under clause (b) of sub-section (i) of section 12 and section 13 of the Act to the
Central Pollution Control Board vide Notification No. S.O. 145 (E) dated 21-2-91 published in the Gazette No. 128 dated 27-2-91.
16
The list of laboratories/institutes recognised as environmental laboratories: and the persons recognised as Govt. Analysts is given in
the table (p. 223).
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17
18
19
For qualifications of Govt. Analyst see r. 10 of Environment (Protection) Rules, 1986.
20
In exercise of powers conferred under clause (a) of section l9, the Central-Government has authorised the officers and authorities
listed in the Table (p. 238) vide S.O. 394 (E) published in the Gazette No. 185 dated 164-87, S.O. 237(E) published in the Gazette
No. 171 dated 29-3-89 and S.O. 656(E) dated 21-8-89 published in the Gazette No. 519 dated 21-8-89.
21
See footnote 2 on Page 213.
22
See footnote 3 on Page 213.
23
See footnote I on Page 214.
24
See r.6 of Environment (Protection) Rules, 1986.
25
26
27
For the procedure for submission of samples to laboratories and the form of laboratory report see r. 8 of Environment (Protection)
Rules, 1986.
28
29
See r. 11 of Environment (protection) Rules, 1986.
THE ENVIRONMENT (PROTECTION) RULES, 1986

(The Principal rules were published in the Gazette of India vide number S.O. 844(E), dated 19.11.1986 and subsequently amended
vide:
(i) S.O. 32(E), 16.2.87
(ii) S.O. 64(E), 18.1.88
(iii) G.S.R. 931(E), 27.10.89
(iv) S.O. 23(E), 16.1.91
(v) G.S.R. 95(E), 12.2.92
(vi) G.S.R. 329(E), 13.3.92
(vii) G.S.R. 562(E), 22.5.92
(viii) G.S.R. 636(E), 25.6.92
(ix) G.S.R. 386(E), 22.4.93
(x) G.S.R. 422(E), 19.5.93
(xi) G.S.R. 801(E), 31.12.93
(xii) G.S.R. 7, 22.12.98 )
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THE ENVIRONMENT (PROTECTION) RULES, 1986
Ministry of Environment and Forests

(Department of Environment, Forest and Wildlife)
Notification
New Delhi, the 19th November, 1986
S.O. 844(E) - In exercise of the powers conferred by sections 6 and 25 of the Environment (Protection) Act, 1906 (29 of 1986), the
Central Government hereby makes the following rules, namely:-
1. Short title and commencement
(i) These rules may be called the Environment (Protection) Rules, 1986.
(ii) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions
In these rules, unless the context otherwise requires,-
(a) "Act" means the Environment (Protection) Act, 1986 (29 of 1986);
(aa) "areas" means all areas where the hazardous substances are handled;1
(b) "Central Board" means the Central Pollution Control Board constituted under section 3 of the Water (Prevention and
Control of Pollution) Act, 1974 (6 of 1974);
(c) "Form" means a form set forth in Appendix A to these rules;
(d) "Government Analyst" means a person appointed or recognized as such under section 13;
(e) "person" in relation to any factory or premises means a person or occupier or his agent who has control over the affairs
of the factory or premises and includes in relation to any substance, the person in possession of the substance.
(ee) "prohibited substance" means the substance prohibited for handling;1
(f) "recipient system" means the part of the environment such as soil, water, air or other which receives the pollutants;
(ff) "restricted substance" means the substance restricted for handling;1
(g) "section" means a section of the Act;
(h) "Schedule" means a Schedule appended to these rules;
(i) "Standards' means standards prescribed under these rules;
(j) "State Board" means a State Pollution Control Board constituted under section 4 of the Water (Prevention and Control of
Pollution) Act, 1974 (6 of 1974) or a State Pollution Control Board constituted under section 5 of the Air (Prevention and
Control of Pollution) Act, 1981 (14 of 1981);
3. Standards for emissions or discharge of environmental pollutants
(1) For the purpose of protecting and improving the quality of the environment and preventing and abating environmental pollution,
the standards for emission or discharge of environmental pollutants from the industries, operations or processes shall be as specified
in 2[Schedule I to IV].
(2) Notwithstanding anything contained in sub-rule (1),the Central Board or a State Board may specify more stringent standards from
those provided in 3[Schedule I to IV] in respect of any specific industry, operation or process depending upon the quality of the
recipient system and after recording reasons therefore in writing.
4
(3) The standards for emission or discharge of environmental pollutants specified under sub-rule (1) or sub-rule (2) shall be complied
with by an industry, operation or process within a period of one year of being so specified.
[(3A)
5
(i) Notwithstanding anything contained in sub-rules (1) and (2), on and from the 1st day of January, 1994, emission or
discharge of environmental pollutants from the 6[industries, operations or processes other than those industries, operations
or processes for which standards have been specified in Schedule-I] shall not exceed the relevant parameters and standards
specified in schedule VI.
Provided that the State Boards may specify more stringent standards for the relevant parameters with respect to specific
industry or locations after recording reasons therefore in writing;
(ii) The State Board shall while enforcing the standards specified in Schedule VI follow the guidelines specified in Annexure I
and II in that Schedule].
7
[(3B)] The combined effect of emission or discharge of environmental pollutants in an area, from industries, operations, process,
automobiles and domestic sources, shall not be permitted to exceed the relevant concentration in ambient air as specified against
each pollutant in columns (3) to (5) of Schedule VII.]
(4) Notwithstanding anything contained in sub-rule (3)-
(a) the Central Board or a State Board, depending on the local conditions or nature of discharge of environmental pollutants,
may, by order, specify a lesser period than a period specified under sub-rule (3) within which the compliance of standards
shall be made by an industry, operation or process
(b) the Central Government in respect of any specific industry, operation or process, by order, may specify any period other
than a period specified under sub-rule (3) within which the compliance of standards shall be made by such industry,
operation or process.
(5) Notwithstanding anything contained in sub-rule (3) the standards for emission or discharge of environmental pollutants specified
under sub-rule (I) or sub-rule (2) in respect of an industry, operation or process before the commencement of the Environment
(Protection) Amendment Rules, 1991, shall be complied by such industry, operation or process by the 31st day of December 1991.
8
[(6) Notwithstanding anything contained in sub-rule (3), an industry, operation or process which has commenced production on or
before 16th May, 1981 and has shown adequate proof of at least commencement of physical work for establishment of facilities to
meet the specified standards within a time-bound programme, to the satisfaction of the concerned State Pollution Control Board, shall
comply with such standards latest by the 31 st day of December, 1993.
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(7) Notwithstanding anything contained in sub-rule (3) or sub-rule (6) an industry, operation or process which has commenced
production after the 16th day of May, 1981 but before the 31st day of December 1991 and has shown adequate proof of at least
commencement of physical work for establishment of facilities to meet the specified standards within a time-bound programme, to the
satisfaction of the concerned State Pollution Control Board, shall comply with such standards latest by the 31st day of December,
1992.]
4. Directions
(1) Any direction issued under section 5 shall be in writing.
(2) The direction shall specify the nature of action to be taken and the time within which it shall be complied with by the person,
officer or the authority to whom such direction is given.
(3) (a) The person, officer or authority to whom any direction is sought to be issued shall be served with a copy of the proposed
direction and shall be given an opportunity of not less than fifteen days from the date of service of a notice to file with an officer
designated in this behalf the objections, if any, to the issue of the proposed direction.
(b) Where the proposed direction is for the stoppage or regulation of electricity or water or any other service affecting the
carrying on any industry, operation or process and is sought to be issued to an officer or an authority, a copy of the
proposed direction shall also be endorsed to the occupier of the industry, operation or process, as the case may be and
objections, if any, filed by the occupier with an officer designated in this behalf shall be dealt with in accordance with the
procedures under sub-rules (3a) and (4) of this rule:
Provided that no opportunity of being heard shall be given to the occupier if he had already been heard earlier and the proposed
direction referred to in sub-rule
(3b) above for the stoppage or regulation of electricity or water or any other service was the resultant decision of the Central
Government after such earlier hearing.9
(4) The Central Government shall within a period of 45 days from the date of receipt of the objections, if any or from the date up to
which an opportunity is given to the person, officer or authority to file objections whichever is earlier, after considering the objections,
if any, received from the person, officer or authority sought to be directed and for reasons to be recorded in writing, confirm, modify
or decide not to issue the proposed direction.
(5) In case where the Central Government is of the opinion that in view of the likelihood of a grave injury to the environment it is not
expedient to provide an opportunity to file objections against the proposed direction, it may, for reasons to be recorded in writing,
issue directions without providing such an opportunity.
(6) Every notice or direction required to be issued under this rule shall be deemed to be duly served
(a) where the person to be served is a company, if the document is addressed in the name of the company at its registered
office or at its principal office or place of business and is either-
(ii) delivered at its registered office or at the principal office or place of business;
(b) where the person to be served is an officer serving Government, if the document is addressed to the person and a copy
thereof is endorsed to this Head of the Department and also to the Secretary to the Government, as the case may be, in-
charge of the Department in which for the time being the business relating to the Department in which the officer is
employed is transacted and is either-
(ii) given or tendered to him;
(c) in any other case, if the document is addressed to the person to be served and-
(i) is given or tendered to him, or
(ii) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or
business or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the
land or building, if any, to which it relates, or
(iii) is sent by registered post to that person;
Explanation.-For the purpose of this sub-rule,-
(b) "a servant" is not a member of the family.
5. Prohibitions and restrictions on the location of industries and the carrying on processes and operations in different
areas
(1) The Central government may take into consideration the following factors while prohibiting or restricting the location of industries
and carrying on of processes and operations in different areas-
(i) Standards for quality of environment in its various aspects laid down for an area.
(ii) The maximum allowable limits of concentration of various environmental pollutants (including noise) [or an area.
(iii) The likely emission or discharge of environmental pollutants from an industry, process or operation proposed to be
prohibited or restricted.
(iv) The topographic and climatic features of an area.
(v) The biological diversity of the area which, in the opinion of the Central Government needs to be preserved.
(vi) Environmentally compatible land use.
(vii) Net adverse environmental impact likely to be caused by an industry, process or operation proposed to be prohibited or
restricted.
(viii) Proximity to a protected area under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 or a
sanctuary, National Park, game reserve or closed area notified as such under the Wild Life (Protection) Act, 1972 or places
protected under any treaty, agreement or convention with any other country or countries or in pursuance of any decision
made in any international confcrcnce1 association or other body.
(ix) Proximity to human settlements.
(x) Any other factor as may be considered by the Central Government to De relevant to the protection of the environment in
an area.
(2) While prohibiting or restricting the location of industries and carrying on of processes and operations in an area, the Central
Government shall follow the procedure hereinafter laid down.
HRR/MSU/ES/905/U1/201112 81 OF 290
(3) (a) Whenever it appears to the Central Government that it is expedient to impose prohibition or restrictions on the locations Of an
industry or the carrying on of processes and operations in an area, it may by notification in the Official Gazette and in such other
manner as the Central government may deem necessary from time to time, give notice of its intention to do so.
(b) Every notification under clause (a) shall give a brief description of the area, the industries, operations, processes in that
area about which such notification pertains and also specify the reasons for the imposition of prohibition or restrictions on
the locations of the industries and carrying on of process or operations in that area.
(c) Any person interested in filing an objection against the imposition of prohibition or restrictions on carrying on of
processes or operations as notified under clause (a) may do so in writing to the Central Government within sixty days from
the date of publication of the notification in the Official Gazette.
(d) The Central Government shall within a period of one hundred and twenty days from the date of publication of the
notification in the Official Gazette consider all the objections received against such notification and may 10 [within one
hundred and 11 [eighty] days from such day of publication] impose prohibition or restrictions on location of such industries
and the carrying on of any process or operation in an area.
6. Procedure of taking samples
The Central Government or the officer empowered to take samples under section 11 shall collect the sample in sufficient quantity to
be divided into two uniform parts and effectively seal and suitably mark the same and permit the person from whom the sample is
taken to add his own seal or mark to all or any of the portions so sealed and marked. In case where the sample is made up in
containers or small volumes and is likely to deteriorate or be otherwise damaged if exposed, the Central Government or the officer
empowered shall take two of the said samples without opening the containers and suitably seal and mark the same. The Central
Government or the officer empowered shall dispose of the samples so collected as follows:-
(i) One portion shall be handed over to the person from whom the sample is taken under acknowledgement; and
(ii) the other portion shall be sent forthwith to the environmental laboratory or analysis. 12
7. Service of notice
The Central Government or the officer empowered shall serve on the occupier or his agent or person in charge of the place a notice
then and there in Form I of his intention to have the sample analyzed.
8. Procedure for submission of samples for analysis, and the form of laboratory report thereon
(1) Sample taken for analysis shall be sent by the Central Government or the officer empowered to the environmental laboratory by
registered post or through special messenger along with Form II.
(2) Another copy of Form II together with specimen impression of seals of the officer empowered to take samples along with the
seals/marks, if any, of the person from whom the sample is taken shall be sent separately in a sealed cover by registered post or
through a special messenger to the environmental laboratory.
(3) The findings shall be recorded in Form III in triplicate and signed by the Government Analyst and sent to the officer from whom
the sample is received for analysis.
(4) On receipt of the report of the findings of the Government Analyst, the officer shall send one copy of the report to the person from
whom the sample was taken for analysis, the second copy shall be retained by him for his record and the third copy shall be kept by
him to be produced in the Court before which proceedings, if any, are instituted.
9. Functions of environmental laboratories
The following shall be the functions of environmental laboratories:-
(i) to evolve standardized methods for sampling and analysis of various types of environmental pollutants;
(ii) to analyze samples sent by the Central Government or the officers empowered under sub-section (1) of section 11.
(iii) to carry out such investigations as may be directed by the Central Government to lay down standards for the quality of
environment and discharge of environmental pollutants, to monitor and to enforce the standards laid down;
(iv) to send periodical reports regarding its activities to the Central Government;
(v) to carry out such other functions as may be entrusted to it by the Central Government from time to time.
10. Qualification of Government Analyst
A person shall not be qualified for appointment or recognized as a Government Analyst unless he is a:-
(a) graduate in science from a recognized university with five years experience in laboratory engaged in environmental
investigation, testing or analysis; or
(b) post-graduate in science or a graduate in engineering or a graduate in medicine or equivalent with two years experience
in a laboratory engaged in environmental investigations testing or analysis; or
(c) post-graduate in environmental science from a recognized university with two years experience in a laboratory engaged
in environmental investigations, testing or analysis.
11. Manner of giving notice
The manner of giving notice under clause (b) of section 19 shall be as follows, namely:-
(l) The notice shall be in writing in Form IV.
(2) The person giving notice may send notice to-
(a) if the alleged offence has taken place in a Union territory
(A) the Central Board and
(B) Ministry of Environment and Forests (represented by the Secretary to Government of India);
(b) if the alleged offence has taken place in a State:
(A) the State Board; and
(B) the Government of the State (represented by the Secretary to the State Government in-charge of
environment); and
(C) the Ministry of Environment and Forests (represented by the Secretary to the Government of India);
(3) The notice shall be sent by registered post acknowledgement due; and
(4) The period Of sixty days mentioned in clause (b) of section 19 of the Environment (Protection) Act, 1986 shall be reckoned from
the date it is first received by one of the authorities mentioned above.
[12. Furnishing of information to authorities and agencies in certain cases
13
HRR/MSU/ES/905/U1/201112 82 OF 290
Where the discharge of environmental pollutant in excess of the prescribed standards occurs or is apprehended to occur due to any
accident or other unforeseen act or event, the person in charge of the place at which such discharge occurs or is apprehended to
occur shall forth with intimate the fact of such occurrence or apprehension of such occurrence to all the following authorities or
agencies, namely:-
(i) The officer-in-charge of emergency or disaster relief operation in a district or other region of a state or Union territory
specified by whatever designation by the Government of the said State or Union territory, and in whose jurisdiction the
industry, process or operation is located.
(ii) Central Board or a State Board as the case may be and its regional officer having local jurisdiction who have been
delegated powers under section 20, 21, 23 of the Water (Prevention and Control of Pollution) Act 1974 (6 of l974)- and
section 24 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981).
(iii) The statutory authorities or agencies specified in column 3 in relation to places mentioned in column 2 against thereof of
the Schedule II.]
14
[13. Prohibition and restriction on the handling of hazardous substances in different areas
(1) The Central Government may take into consideration the following factors while prohibiting or restricting the handling of
hazardous substances in different area is-
(i) The hazardous nature of the substance (either in qualitative or quantitative terms as far as may be) in terms of its
damage causing potential to the environment, human beings, other living creatures, plants and property;
(ii) the substances that may be or likely to be readily available as substitutes for the substances proposed to be prohibited
or restricted;
(iii) the indigenous availability of the substitute, or the state of technology available in the country for developing a safe
substitute;
(iv) the gestation period that may be necessary for gradual introduction of a new substitute with a view to bringing about a
total prohibition of the hazardous substance in question; and
(v) any other factor as may be considered by the Central Government to be relevant to the protection of environment.
(2) While prohibiting or restricting the handling of hazardous substances in an area including their imports and exports the Central
Government shall follow the procedure hereinafter laid down-
(i) Whenever it appears to the Central Government that it is expedient to impose prohibition or restriction on the handling of
hazardous substances in an area, it may, by notification in the Official Gazette and in such other manner as the Central
Government may deem necessary from time to time, give notice of its intention to do so.
(ii) Every notification under clause (i) shall give a brief description of the hazardous substances and the geographical region
or the area to which such notification pertains, and also specify the reasons for the imposition of prohibition or restriction on
the handling of such hazardous substances in that region or area.
(iii) Any person interested in filing an objection against the imposition of prohibition or restrictions on the handling of
hazardous substances as notified under clause (i) may do so in writing to the Central Government within sixty days from the
dale of publication of the notification in the Official Gazette.
(iv) The Central Government shall within a period of ninety days from the date of publication of the notification in the Official
Gazette consider all the objections received against such notification and may impose prohibition or restrictions on the
handling of hazardous substances in a region or an area.]
15
[14. Submission of environmental 16
[Statement]
Every person carrying on an industry, operation or process requiring consent under Section 25 of the Water (Prevention and Control
of Pollution) Act, 1974 (6 of 1974) or under section 21 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) or both
or authorization under the Hazardous Wastes (Management and Handling) Rules, 1989 issued under the Environment (Protection) Act,
1986 (29 of 1986) shall submit an environmental audit report for the financial year ending the 31st March in Form V to the concerned
State Pollution Control Board on or before the 17[thirtieth day of September] every year, beginning 1993.]
Notes:
1
Clauses (aa), (ee) and (ff) inserted by Notification NO. G.S.R. 931(E) dated 27.10.89 published in the Gazette NO. 564 dated
27.10.89. These rules are- referred to as Principal Rules in all Notifications beginning with S.O. 82(E) published in the Gazette No. 66
dated 16.2.87.
2
Substituted by notification G.S.R 422(E) dated 19.5.93, published in the Gazette No. 174 dated 19.5.93.
3
Substituted ibid.
4
The sub-rule (3) of rule 3 inserted vide S.O. 23(E) dated 16.1.91.
5
The sub-rule (3A) of rule 3 inserted by rule 2(a)(iii) of the Environment Protection) Second Amendment Rules, 1993 notified vide
G.S.R. 422(E) dated19.5.93, published in the Gazette No.174 dated 19.5.93.
6
Substituted by rule 2(a) of the Environment (Protection) Third Amendment Rules, 1993 notified vide Notification G.S.R. 801(E),
dated 31.12.93, published in Gazette No.463 dated 31.12.93.
7
Substituted by Rule2(a) of the Environment (Protection) Second (Amendment) Rules, 1998 notified by notification G.S.R. 7, dated
22.12.98.
8
Sub-rule (6) and (7) of rule 3 were added by the Environment (Protection) Amendment Rule, 1992 vide G.S.R. 95(E) dated
12.02.1992.
9
Sub-rule (3) of rule 4 of the Principal Rules was re-numbered as sub-rule 3(a) and sub-rule 3(b) inserted vide Notification No. S.O.
64(E) published in the Gazette No. 42 dated 18.1.88.
10
Inserted by Rule 2 of the Environment (Protection) (Third Amendment) Rules, 1992 notified vide G.S.R. 562(E), dated 22.5.1992.
11
Substituted by Rule 2 of the Environment (Protection) Fourth Amendment) Rule, 1992 notified vide G.S.R. 636(E), dated
25.6.1992.
12
For rule 6 of the principal rules this rule was substitute vide S.O. 64(E) published in the Gazette No. 42 dated 18.1.88.
13
Rule 12 inserted vide Notification No. S.O. 32(E) dated 16.2.87 published in the Gazette No. 66 dated 16.2.87.
14
Rule 13 inserted vide Notification No G.S.R. 931(E) dated 27.10.89 published in the Gazette No. 564 dated 27.10.89.
15
Inserted by Rule 2 of the Environment (Protection) Second Amendment & Rules, 1992 vide G.S.R. 329(E), dated 13.03.92.
16
Substituted by Rule 2(a)(i) of the Environment (Protection) Amendment Rules, 1993 vide notification G.S.R. 386(E), dated 22.4.93.
17
Substituted by Rule 2(a)(ii), ibid.
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MANUFACTURE, STORAGE AND IMPORT OF HAZARDOUS CHEMICAL RULES, 1989

(Department of Environment, Forest and Wildlife)
NOTIFICATION
New Delhi, the 27th November, 1989
S.O. 966(E).-In exercise of the powers conferred by Section 6, 8 and 25 of the Environment (Protection) Act, 1986 (29 of 1966), the
Central Government hereby makes the following rules, namely .-
(1) These rules may be called the Manufacture, Storage and import of Hazardous Chemical Rules, 1989.
2. Definitions.
In these rules, unless he context otherwise requires.-
(b) "Authority" means an authority mentioned in Column 2 of Schedule 5;
(c) "export" with its grammatical variations and cognate expression, means taking out of India to a place outside India;
(d) "exporter" means any person under the jurisdiction of the exporting country and includes the exporting country who
exports hazardous chemical;
(e) "hazardous chemical" means-
(i) any chemical which satisfies any of the criteria laid down in Part I of Schedule I and is listed in Column 2 of Part
II of this Schedule;
(ii)any chemical listed in Column 2 of Schedule 2;
(iii) any chemical listed in Column 2 of Schedule 3;
(f) "import" with its grammatical variations and cognate expression, means bringing into India from a place outside India;
(g) "importer" means an occupier or any person who imports hazardous chemicals;
(h) "industrial activity" means-
(i) an operation of process carried out in an industrial installation referred to in Schedule 4 involving or likely to
involve one or more or hazardous chemicals and includes on-site storage or on-site transport which is associated
with that operation or process, as the case may be; or
(ii) isolated storage; or
(iii) pipeline;
(i) "isolated storage" means storage of a hazardous chemical, other than storage associated with an installation on the same
site specified in Schedule 4 where that storage involves atleast the quantities of that chemical set out in Schedule 2;
(j)"major accident" means an occurrence including any particular major emission, fire or explosion involving one or more
hazardous chemicals and resulting from uncontrolled developments in the course of an industrial activity or due to natural
events leading to serious effects both immediate or delayed, inside or outside the installation likely to cause substantial loss
of life and property including adverse effects on the environments;
(k) "pipeline" means a pipe (together with any apparatus and works associated therewith) or system of pipes (together with
any apparatus and work associated therewith) for the conveyance of a hazardous chemical other than a flammable gas as
set out in Column 2 of Part II of Schedule 3 at a pressure of less than 8 bars absolute: the pipeline also includes inter-state
pipe
(l) "Schedule" means Schedule appended to these rules;
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(m) "site" means any location where hazardous chemicals are manufactured or processed, stored, handled, used, disposed
of and includes the whole of an area under the control of an occupier and includes pier, jetty or similar structure whether
floating or not;
(n) "Threshold quantity" means,-
(i) in the case of a hazardous chemical specified in Column 2 of Schedule 2, the quantity of that chemical specified
in the corresponding entry in Columns 3 & 4;
(ii) in the case of hazardous chemical specified in Column 2 of Part I of Schedule 3, the quantity of that chemical
specified in the corresponding entry in Columns 3 & 4 of that part;
(iii) in the case of substances of a class specified in Column 2 of Part 11 of Schedule 3, the total quantity of all
substances of that class specified in the corresponding entry in Column 3 & 4 of that part
3. Duties of authorities.
Subject to the other provisions of these rules, the authority shall perform duties as specified in Column 3 of Schedule 5.
4. General responsibility of the occupier during industrial activity.
(1) This rule shall apply to,-
(a) an industrial activity in which a hazardous chemical, which satisfies any of the criteria laid down in Part I of Schedule I
and is listed in Column 2 of Part II of this Schedule is or may be involved; and
(b) isolated storage in which there is involved a threshold quantity of a hazardous chemical listed in Schedule 2 in Column 2
which is equal to or more than the threshold quantity specified in the Schedule for that chemical in Column 3 thereof.
(2) An occupier who has control of an industrial activity in term of sub-rule (I) shall provide evidence to show that he has,-
(a) identified the major accident hazards; and
(b) taken adequate steps to -
(i) prevent such major accidents and o limit their consequences to persons and the environment;
(ii) provide to The persons working on the site with the information, training and equipment including antidotes
necessary to ensure their safely.
5. Notification of Major accident.
(1) Where a major accident occurs on a site or in a pipe line, the occupier shall forthwith notify the concerned authority as identified
in Schedule S of that accident, and furnish thereafter to the concerned authority a report relating to the accidents in installments, if
necessary, in Schedule 6.
(2) The concerned authority shall on receipt of the report in accordance with sub-rule I of this rule shall undertake a full analysis of
the major accident and send the requisite information to the Ministry of Environment and Forests through appropriate channel.
(3) Where an occupier has notified a major accident to the concerned authority under respective legislation, he shall be deemed to
have compiled with the requirements as per sub-rule I of this rule.
6. Industrial activity to which rules 7 to 15 apply.
(1) Rules 7 to 15 shall apply to,-
(a) an industrial activity in which there is involved a quantity of hazardous chemical listed in Column 2 of Schedule 3 which
is equal to or more than the quantity specified in the entry for that chemical in Columns 3 & 4 (Rules 10-12 only for Column
4) and
(b) isolated storage in which there is involved a quantity of a hazardous chemical listed in Column 2 of Schedule 2 which is
equate to or more than the quantity specified in the entry for that chemical in Column 1
(2) For the purposes of rules 7 to 15, or
(a) "new industrial activity" means an industrial activity which-
(i) commences after the date of coming into operation of these rules; or
HRR/MSU/ES/905/U1/201112 85 OF 290
(ii) if commenced before that date is an industrial activity in which a modification has been made which is likely to
cover major accident hazards and that activity shall be deemed to have commenced on the date on which the
modification was made;
(b) an "existing industrial activity" means an industrial activity which is not a new industrial activity
7. Notification of sites.
(1) An occupier shall not undertake any industrial activity unless he has submitted A written report to the concerned authority
containing the particulars specified in Schedule 7 at least 3 months before commencing that activity or before such shorter time as
the concerned authority may agree and for the purpose of this paragraph an activity in which subsequently there is or is liable to be a
threshold quantity or more of an additional hazardous chemical shall be deemed to be a different activity and shall be notified
accordingly
(2) No report under sub-rule (I) need to be submitted by the occupier if he submits a report under rule 10(1)
8. Updating of the site notification following changes in the threshold quantity.
Where an activity has been reported in accordance with rule 7(1) and the occupier makes a change in it (including an increase or
decrease in the maximum threshold quantity of a hazardous chemical to which this rule applies which is or is liable to be at the site or
in the pipeline or at the cessation of the activity, which affects the particulars specified in that report or any subsequent report made
under this rule the occupier shall forthwith furnish a further report to the concerned authority.
9. Transitional provisions.
Where-
(a) at the date of coming into operation of these rules an occupier is in control of an existing industrial activity which is
required to be reported under rule 7(1); or
(b) within 6 months after that date an occupier commence any such new industrial activity; it shall be a sufficient
compliance with that rule if he reports to the concerned authority as per the particulars in Schedule 7 within 3 months after
the date of coming into operation of these rules or within such longer time as the concerned authority may agree in writing.
10. Safety reports.
(1) Subjects to the following paragraphs of this rule, an occupier shall not undertake any industrial activity to which this rule applies,
unless he has prepared a safely report on that industrial activity containing The information specified in Schedule 8 and has sent a
copy of that report to the concerned authority al least ninety days before commencing that activity.
(2) In the case of a new industrial activity which an occupier commences, or by virtue of sub-rule (2) (a) (ii) of rule 6 is deemed to
commence, within 6 months after coming into operation of these rules, it shall bc sufficient compliance with sub-rule (I) of this rule if
the occupier sends to the concerned authority a copy of the report required in accordance with that sub-rule within ninety days after
the date of coming into operation of these rules.
(3) In The case of an existing industrial activity, until five years from the date of coming into operation of these rules, it shall bc a
sufficient compliance with sub-rule (I) of this rule in the occupier on or before ninety days from The date of the coming into operation
of 1hcse rules sends to the concerned authority in information specified in Schedule 7 relating to that activity.
11. Updating of reports under rule 10.
(1) Where an occupier has made a safety report in accordance with sub-rule (I) of rule 10 he shall not make any modification to The
industrial activity to which that safely report relates which could materially affect the particulars in that report, unless the has made a
further report to take account of those modifications and has sent a copy of that report to The concerned authority at least 90 days
before making those modifications.
(2) Where an occupier has made a report in accordance with rule 10 and sub-rule (1) of this rule and that industrial activity is
continuing the occupier shall within three years of the dale of the last such report, make a further report which shall have regard in
particular to new technical knowledge which has affected the particulars in the previous report relating to safely and hazard
assessment and shall within 30 days or in such longer lime as the concerned authority may agree in writing, send a copy of the report
to the concerned authority
12. Requirements for further information to be sent to the authority.
(1) Where, in accordance with rule 10, an occupier has sent a safely report relating to an industrial activity to the concerned
authority, the concerned authority may, by a notice served on the occupier, requires him to provide such additional information as is
specified in the notice and the occupied shall send that information to the concerned authority within such lime as is specified in The
notice or within such extended time as the authority may subsequently specify
13. Preparation of on-site emergency plan by the occupier.
HRR/MSU/ES/905/U1/201112 86 OF 290
(1) 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 plan shall include the name of The person who is responsible for safety on
the site and the names of those who are authorised to take action in accordance with the plan in case of an emergency
(2) The occupier shall ensure that the emergency plan prepared in accordance with sub-rule (I) lakes into account any modification
made in the industrial activity and that every person on the site who is affected by the plan-is informed of its relevant provisions.
(3) The occupier shall prepare the emergency plan required under sub-rule
(a) in the case of a new industrial activity before that activity is commenced;
(b) in the case of an existing industrial activity within 90 days of coming into operation of these rules.
14. Preparation of off-site emergency plan by the authority.
(1) It shall be the duty of the concerned authority as identified in Column 2 of Schedule 5 to prepare and keep up-to-date an
adequate off-site emergency plan detailing how emergencies relating to a possible major accident on that site will be dealt with and in
preparing that plan the concerned authority shall consult the occupier, and such other persons as it may deem necessary.
(2) For the purpose of enabling The concerned authority to prepare the emergency plan required under sub-rule (1), the occupier
shall provide the concerned authority with such information relating to the industrial activity under his control as the concerned
authority may require, including the nature, extent and likely effects off-site of possible major accidents and the authority shall
provide the occupier with any information from the off-site emergency plan which relates to his duties under rule 13.
(3) The concerned authority shall prepare its emergency plan required under sub-rule (1),-
(a) in the case of a new industrial activity, before that activity is commenced;
(b) in the case of an existing industrial activity, within six months of coming into operation Of these rules.
15. Information to be given to persons liable to be affected by a major accident.
(1) 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
(2) The occupier shall take the steps required under sub-rule (I) to inform persons about an industrial activity, before that activity is
commenced, except, in the case of an existing industrial activity in which case the occupier shall comply with the requirements of sub-
rule (I) within 90 days of coming into operation of these rules.
16. Disclosures of information.
(1) Where for the purpose of evaluating information notified under rule 5 or 7 to 15, the concerned authority discloses that
information to some other person that other person shall not use that information for any purpose except for the purpose of the
concerned authority disclosing it, and before disclosing the information the concerned authority shall inform that other person of his
obligations under this paragraph.
17. Collection, Development and Dissemination of Information.
(1) This rule shall apply to an industrial activity in which a hazardous chemical which satisfies any of the criteria laid down in part I of
Schedule I and is listed in Column 2 of Part II of this Schedule is or may be involved.
(2) An occupier, who has control of an industrial activity in term of sub-rule 1 of this rule, shall arrange to obtain or develop
information in the form of safety data sheet as specified in Schedule 9. The information shall be accessible upon request for reference.
(3) The occupier while obtaining or developing a safety data sheet as specified in Schedule 9 in respect of a hazardous chemical
handled by him shall ensure that the information is recorded accurately and reflects the scientific evidence used in making the hazard
determination. In case, any significant information regarding hazard Of a chemical is available, it shall be added to the material safety
data shet as specified in Schedule 9 as soon as practicable.
(4) Every container of a hazardous chemical shall be clearly labelled or marked to identify,-
(a) the contents of the container,
(b) the name and address of manufacturer or importer Of the hazardous chemical;
HRR/MSU/ES/905/U1/201112 87 OF 290
(c) the physical, chemical and toxicological data as per the criteria given at Part I of Schedule 1.
(5) In terms of sub-rule 4 Of this rule where it is impracticable to label a chemical in view of the size of the container or the nature of
the package, provision should be made for other effective means like tagging or accompanying documents.
18. Import of hazardous chemicals.
(1) This rule shall apply to a chemical which satisfies any of the criteria laid down in Part I of Schedule I and is listed in Column 2 of
Part II of this Schedule.
(2) Any person responsible for importing hazardous chemicals in India shall provide at the time of import or within thirty days from
the date of import to the concerned authorities as identified in Column 2 of Schedule 5 the information pertaining to-
(i) the name and address of the person receiving the consignment in India;
(ii) the port of entry in India;
(iii) mode of transport from the exporting country to India
(iv) The quantity of chemical(s) being imported; and
(v) complete product safety information.
(3) If the concerned authority at the State is satisfied that the chemical being imported is likely to cause major accident, it may direct
the importer to take such steps including stoppage of such imports as the concerned authority at the State may deem it appropriate.
(4) The concerned authority at the State shall simultaneously inform the concerned Port Authority to take appropriate steps regarding
safe handling and storage of hazardous chemicals while off-loading the consignment with the port premises.
(5) Any person importing hazardous chemicals shall maintain the records of the hazardous chemicals imported as specified in
Schedule 10 and the records so maintained shall be open for inspection by the concerned authority at the State or the Ministry of
Environment and Forests or any officer appointed by them in this behalf.
(6) The importer of the hazardous chemical of a person working on his behalf shall ensure that transport of hazardous chemicals from
port of entry to the ultimate destination is in accordance with the Central Motor Vehicles Rules, 1989 framed under the provisions of
the Motor Vehicles Act, 1988.
19. Improvement notices.
(1) If the concerned authority is of the opinion that a person has contravened the provisions of these rules, the concerned authority
shall serve on him a notice (in this para referred to as "an improvement notice") requiring that person to remedy the contravention
or, as the case may be, the matters occasioning it within such period as may be specified in the notice.
(2) A notice served under sub-rule (1) shall clearly specify the measures to be taken by the occupier in remedying said
contraventions.
20. Power of the Central Government to modify the Schedule.
The Central Government may, at any-time, by notification in the Official Gazette, make suitable changes in the Schedules.
SCHEDULE 1: Indicative Criteria and List of Chemicals

SCHEDULE 2: Isolated storage at Installations other than those covered by Schedule 4
SCHEDULE 3: List of Hazardous Chemicals for Application of Rules 5 and 7 to 15
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6: Information to be Furnished Regarding Notification of a Major Accident
SCHEDULE 7: Information to be Furnished for the Notification of Sites
SCHEDULE 8: Information to be Furnished in a Safety Report
SCHEDULE 9: Safety Data Sheet
SCHEDULE 10
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THE MANUFACTURE, STORAGE AND IMPORT OF HAZARDOUS CHEMICALS (AMENDMENT) RULES, 2000

NOTIFICATION
S.O.57(E) --Whereas certain draft rules further to amend the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989
were published under the notification of the Government of India in the Ministry of Environment and Forests number S.O. 25(E) dated
21st January, 1999 inviting objections and suggestions from all persons likely to be affected thereby before the expiry of the period of
sixty days from the date on which the copies of the Gazette containing the said notification are made available to the public;
And whereas copies of the said Gazette were made available to the public on the 4 th March, 1999;
And whereas objections and suggestions received from the public in respect of the said draft rules have been duly considered by the
Central Government;
Now, therefore, in exercise of the powers conferred by sections 6,8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986),
the Central Government hereby makes the following rules further to amend the Manufacture, Storage and Import of Hazardous
Chemical Rules, 1989, namely: -
the Manufacture, Storage and Import of Hazardous Chemical (Amendment) Rules, 2000.
1. (1) These rules may be called the Manufacture, Storage and Import of Hazardous Chemical
(Amendment) Rules, 2000.
2. In the Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989 (hereinafter referred to as the said rules), in
rule 2,-
i. in clause (e) for the words and figure "Schedule-1 and is" the words and figure "Schedule-1 or" shall be
substituted;
ii. for clause (j), the following clauses shall be substituted, namely;-
'(j) "major accident" means - an incident involving loss of life inside or outside the
installation, or ten or more injuries inside and/or one or more injuries outside or
release of toxic chemicals or explosion or fire or spillage of hazardous chemicals
resulting in on-site or off-site emergencies or damage to equipment leading to
stoppage of process or adverse affects to the environment;
(ja) "major accident hazards (MAH) installations" means - isolated storage and
industrial activity at a site handling (including transport through carrier or pipeline) of
hazardous chemicals equal to or , in excess of the threshold quantities specified in,
column 3 of schedule 2 and 3 respectively;'
3. In rule 4of the said rules in sub-rule (1), -
(i)in clause (a), for the words "and is listed", the words "or listed" shall be substituted;
(ii)for clause (b), the following clause shall be substituted, namely:-
"(b) isolated storage of a hazardous chemical listed in Schedule 2 in a quantity equal to or more
than the threshold quantity specified in column 3, thereof."
4.In rule 6 of the said rules, in sub-rule (1), in clause (b) for the words and figure "Column 4", the words, figures
and brackets "Columns 3 and 4 (rules 10-12 only for column 4)" shall be substituted.
5.In rule 7 of the said rules, for the marginal heading "Notification of sites" the heading "Approval and Notification
of sites" shall be substituted.
6. In rule 10 of the said rules, for the marginal heading "Safety Reports" the marginal heading "Safety reports and safety audit
reports" shall be substituted.
7. In rule 17 of the said rules, in sub-rule (1) for the words "and is listed" the words "or listed " shall be substituted.
8. In rule 18 of the said rules, in sub-rule (1), for the words "and is listed" the words "or listed " shall be substituted.
9. In the said rules, for Schedule-1and the entries relating thereto, the following Schedule and entries shall be substituted,
namely :-
" SCHEDULE 1
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[See rule 2e(i), 4(1)(a), 4(2), 17 and 18]
[Part - I]
(a) Toxic Chemicals: Chemicals having the following values of acute toxicity and which owing to their physical and chemical
properties, are capable of producing major accident hazards:
Sr.No Toxicity Oral toxicity Dermal toxicity Inhalation toxicity

LD50(mg/kg) LD50(mg/kg) LC50(mg/l)
1. Extremely toxic >5 <40 < 0.5
2. Highly toxic >5-50 >40-200 < 0.5 - 2.0
3. Toxic >50-200 > 200-1000 >2-10
(b) Flammable Chemicals:
i. flammable gases: Gases which at 200C and at standard pressure of 101.3 KPa are:-
a. ignitable when in a mixture of 13 percent or less by volume with air, or

b. have a flammable range with air of at least 12 percentage points regardless of the lower
flammable limits.
Note: - The flammability shall be determined by tests or by calculation in accordance with

methods adopted by International Standards Organisation ISO Number10156 of 1990 or by
Bureau of Indian Standards ISI Number 1446 of 1985.
ii. extremely flammable liquids: chemicals which have flash point lower than or equal to 23 0C and boiling point less than 350C
(iii) very highly flammable liquids: chemicals which have a flash point lower than or equal to
230C and initial boiling point higher than 350C.
(iv) highly flammable liquids: chemicals which have a flash point lower than or equal to 60 0C
but higher than 230C.
(v) flammable liquids: chemicals which have a flash point higher than 60oC but lower than 900
C.
(c) Explosives: explosives means a solid or liquid or pyrotechnic substance (or a mixture of substances) or an
article.
(a) which is in itself capable by chemical reaction of producing gas at such a temperature and pressure
and at such a speed as to cause damage to the surroundings;
(b) which is designed to produce an effect by heat, light, sound, gas or smoke or a combination of these
as the result of non-detonative self sustaining exothermic chemical reaction.
PART-II
LIST OF HAZARDOUS CHEMICALS
1. Acetaldehyde
2. Acetic acid
3. Acetic anhydride
4. Acetone
5. Acetone cyanohydrin
6. Acetone thiosemicarbazide
7. Acetonitrile
8. Acetylene
9. Acetylene tetra chloride
10. Acrolein
11. Acrylarnide
12. Acrylonitrile
13. Adiponitrile
14. Aldicarb
15. Aldrin
16. Allyl alcohol
17. Allyl amine
18. Allyl chloride
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19. Aluminiurn (powder)
20. Aluminiurn azide
21. Aluminiurn borohydride
22. Aluminium chloride
23. Aluminium fluoride
24. Aluminium phosphide
25. Amino diphenyl
26. Amino pyridine
27. Aminophenol-2
28. Aminopterin
29. Amiton
30. Amiton dialate
31. Ammonia
32. Ammonium chloro platinate
33. Ammonium nitrate
34. Ammonium nitrite
35. Ammonium picrate
36. Anabasine
37. Aniline
38. Aniline 2, 4, 6-Trimethyl
39. Anthraquinone
40. Antimonypentafluoride
41. Antimycin A
42. ANTU
43. Arsenic pentoxide
44. Arsenic trioxide
45. Arsenous trichloride
46. Arsine
47. Asphalt
48. Azinpho-ethyl
49. Azinphos methyl
50. Bacitracin
51. Barium azide
52. Barium nitrate
53. Barium nitride
54. Benzal chloride
55. Benzenamine 3-Trifluoromethyl
56. Benzene
57. Benzene sulfonyl chloride
58. Benzene 1-(chloromethyl)-4 Nitro
59. Benzene arsenic acid
60. Benzidine
61. Benzidine salts
62. Benzimidazole, 4, 5-Dichloro-2 (Trifluoromethyl)
63. Benzoquinone-P
64. Benzotrichloride
65. Benzoyl chloride
66. Benzoyl peroxide
67. Benzyl chloride
68. Beryllium (powder)
69. Bicyclo (2, 2, 1) Heptane-2 -carbon itri le
70. Biphenyl
71. Bis (2-chloroethyl) sulphide
72. Bis (Chloromethyl) Ketone
73. Bis (Tert-butyl peroxy) cyclohexane
74. Bis (Terbutylperoxy) butane
75. Bis (2,4,6-Trimitrophenylamine)
76. Bis (Chloromethyl) Ether
77. Bismuth and compounds
78. Bisphenol-A
79. Bitoscanate
80. Boron Powder
81. Boron trichloride
82. Boron trifluoride
83. Boron trifluoride comp. With methylether, 1: 1
84. Bromine
85. Bromine pentafluoride
86. Bromo chloro methane
87. Bromodialone
88. Butadiene
89. Butane
90. Butanone-2
91. Butyl amine tert
92. Butyl glycidal ether
93. Butyl isovalarate
94. Butyl peroxymalente tert
95. Butyl vinyl ether
96. Butvl-n-mercaptan
97. C. I. Basic green
98. Cadmium oxide
99. Cadmium stearate
100. Calcium arsenate
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101. Calcium carbide
102. Calcium cyanide
103. Camphechlor Toxaphene)
104. Cantharidin
105. Captan
106. Carbachol chloride
107. Carbaryl
108. Carbofuran (Furadan)
109. Carbon tetrachloride
110. Carbon disulphide
111. Carbon monoxide
112. Carbophenothion
113. Carvone
114. Cellulose nitrate
115. Chloroicetic acid
116. Chlordane
117. Chlorofenvinphos
118. Chlorinated benzene
119. Chlorine
120. Chlorine oxide
121. Chlorine trifluoride
122. Chlormeplos
123. Chlormequat chloride
124. Chloroacetal chloride
125. Chloroacetaldehyde
126. Chloroaniline-2
127. Chloroaniline-4
128. Chlorobenzene
129. Chloroethyl chloroformate
130. Chloroform
131. Chloroformyl morpholine
132. Chloromethane
133. Chloromethyl methylether
134. Chloronitrobenzene
135. Chlorophacinone
136. Chiorosulphonic acid
137. Chlorothiophos
138. Chloroxuron
139. Chromic acid
140. Chromic chloride
141. Chromium powder
142. Cobalt carbonyl
143. Cobalt Nitrilmethylidyne compound
144. Cobalt (powder)
145. Colchicine
146. Copper and compounds
147. Copperoxydiloride
148. Counialuryl
149. Couniaphos
150. Couniatertralyl
151. Crimidine
152. Crotenaldehyde
153. Crotonaldehyde
154. Cumene
155. Cyano-en bromide
156. Cyano-en iodide
157. Cyariophos
158. Cyanothoate
159. Cyamiric fluoride
160. Cyclo hexylanline
161. Cyclohexane
162. Cyclobexatione
163. Cycloheximide
164. Cyclopentadiene
165. Cyclopentane
166. Cyclotetramethylenetetranitramine
167. Cyclotrimethylenetrinitramine
168. Cypermethrin
169. DDT
170. Decahorane (1:4)
171. Demeton
172. Demelon S-Methyl
173. Di-n-propyl peroxydicarbonate (Conc = 80%)
174. Dialifos
175. Diazodinitrophenol
176. Dibenzyl peroxydicarbonate (Conc > 90%)
177. Diborane
178. Dichloroacetylene
179, Dichlorobenzalkonium chloride
180. Dichloroethyl ether
181. Dichloromethyl phenylsilane
182. Dichlorophenol-2.6
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183. Dichlorophenol-2.4
184. Dichlorophenoxy acetic acid
185. Dichloropropane-2,2
186. Dichlorosalicylic acid-3,5
187. Did-lo-rvos (DDVP)
188. Dicrotophos
189.Dieldrin
190. Diepoxy butane
191. Diethyl carbamazine citrate
192. Diethyl chlorophosphate
193. Diethyl ethanolamine
194. Diethl peroxydicarbonate (Conc 330%)
195. Diethyl phenylene diamine
196. Diethylamine
197. Diethyfeneglvcol
198. Diethylene glycol dinitnate
199. Diethylene triamine
200. Diethleneglyrol butyl ether
201. Diglycidyl ether
202. Digitoxin
203. Dibydroperoxypropane (Conc- 30%)
204. Diisobutyl peroxide
205. Dinietox
206. Dimethoate
207. Dimethyl dichlorosilane
208. Dimethyl hydrazine
209. Dimethyl nitrosoamine
210. Dimethyl P phenylene diamine
211. Dunethyl phosphoramidi cyanidic acid (TABUM)
212. Dimethl phosphorochloridothioate
213. Dirnethyl sufolane (DMS)
214. Dirnethy! sulphide
215. Dimethylamine
216. Dimethylaniline
217. DimethIcarbonyl chloride
218. Dimetilan
219. Dinitro O-cresol
220. Dinitrophenol
221. Dinitrotoluene
222. Dinoseb
223. Dinoterb
224. Dioxane-p
225. Dioxathion
226. Dioxine N
227 Diphacinone
228. Diphosphoramide octagnethyl
229. Diphenyl methane di-isocynate (MDI)
230. Dipropylene Colycol Butyl ether
231. Dipropylene glycolmethylether
232. Disec-butyl peroxydicarbonate (Conc > 80%)
233. Disufoton
234. Dithiazamine iodide
235. Dithiobiurate
236. Endosulfan
237. Endothion
238. Endrin
239. Epichlorohydrine
240. LPN
241 Ergocalciferol
242. Ergotamine tartarate
243. Ethanesulfenyl chloride, 2 Oloro
244. Ethanol 1-2 dichloracolte
245. Ethion
246. Ethoprophos
247. Ethyl acetate
248. Ethyl alcohol
249. Ethyl benzene
250. Ethyl bis amine
251. Ethyl-bromide
252. Ethyl carbamate
253. Ethyl ether
254. Ethyl hexanol-2
255. Ethyl mercaptan
257. Ethyl methacrylate
258. Ethyl nitrate
259. Ethyl thiocyanate
260. Ethylamine
261. Ethylene
262. Ethylene chlorohydrine
263. Ethylene dibromide
264. Ethylene diamine
265. Ethylene diamine hydrochloride
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266. Ethylene flourohydrine
267. Ethylene glycol
268. Ethylene glycol dinitrate
269. Ethylene oxide
270. Ethylenimine
271. Ethylene di chloride
272. Femamiphos
273. Fernitrothion
274. Fensulphothion
275. Pluemetil
276. Fluorine
277. Fluoro 2-hydroxy butyric acid amid salt ester
278. Fluoroacetamide
279. Fluoroacetic acid amide salts and esters
280. Fluoroacetylchloride
281 Fluorobutyric acid amide salt esters
292. Fluorocrotonic acid amides salts esters
293. Fluorouracil
294. Fonofos
295. Formaldehyde
286. Formetanate hydrochloride
287. Formic acid
289. Formoparanate
289. Formothion
290. Fosthlotan
291. Fuberidazole
292. Furan
293. GAlium Trichloride
294. Glyconitrile (Hydroxyacetonitrile)
295. Guanyt-4-nitrosaminoguynyl- 1-tetrazene
296. Heptachlor
298. Hexachlorobenzene
299. Hexachlorocyclohexan (Lindane)
300. Hexachlorocyclopentadiene
301. Hexachlorodibenzo-p-dioxin
302. Hexachloronapthalene
303. Hexafluoropropanone sesquihydrate
304. Hexamethyl phosphoroamide
305. Hexamethylene diamine N N dibutyl
306. Hexane
307. Hexanitrostilbene 2 2 4 4 6 6
308. Hexene
309. Hydrogen selenide
310. Hydrogen sulphide
311. Hydrazipe
312. Hydrazine nitrate
313. Hydrochloric acid (Gas)
314. Hydrogen
315. Hydrogen bromide
316. Hydrogen cyanide
317. Hydrogen fluoride
318. Hydrogen peroxide
319. Hydroquinone
320. Indene
321. Indium powder
322. Indomethacin
323. Iodine
324. Iridium tetrachloride
325. Ironpentacarbonyl
326, Iso benzan
327. Isoamyl alcohol
328. Isobutyl alcohol
329. Isobutyro nitrile
330. Isocyanic acid 3 4-dichlorophenyl ester
331. Isodrin
331. Isofluorophosphate
333. Isophorone diisocyanate
334. Isopropyl alcohol
335. Isopropyl chlorocarbonate
336. Isopropyl formate
337. Isopropyl methyl pyrazolyl dimethyl carbamate
338. Juglone (5-Hydroxy Napthalene- 1, 4 dione)
339. Ketene
340. Lactonitrile
341. Lead arsenite
342. Lead at high temp (molten)
343. Lead azide
344. Lead styphanat
e 345. Leptophos
346. Lenisite
347. Liquified petroleum gas
348. Lithium hydride
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349. N-Dinitrobenzene
350. Magnesium powder or ribbon
351. Malathion
352, Maleic anhydride
353. Malononitrile
354. Manganese Tricarbonyl cyclopentadiene
355. Mechlor ethamine
356. Mephospholan
357. Mercuric chloride
358. Mercuric oxide
359. Mercury acetate
360. Mercury fulminate
361. Mercury methyl chloride
362. Mesitylene
363. Methaacrolein diacetate
364. Methacrylic anhydride
365. Methacrylonitrile
366. Methacryloyl oxyethyl isocyanate
367. Methanidophos
368. Methane
369. Methanesulphonyl fluoride
370. Methidathion
371. Methiocarb
372. Methonyl
373. Methoxy ethanol (2-methyl cellosolve)
374. Methoxyethyl mercuric acetate
375. Methyacrylol chloride
376. Methyl 2-chloroacrylate
377. Methyl alcohol
378. Methyl amine
379. Methyl bromide (Bromomethane)
380. Methyl chloride
381. Methyl chloroform
382. Methyl chloroformate
383. Methyl cyclohexene
384. Methyl disulphide
385. Methyl ethyl ketone peroxide (Conc. 60%)
386. Methyl formate
387. Methyl hydrazine
388. Methyl isobutyl ketone
389. Methyl isocyanate
390. Methyl isothiocyanate
391. Methyl mercuric dicyanamide
392. Methyl Mercaptan
393. Methyl Methacrylate
394. Methyl phencapton
395. Methyl phosphonic dichloride
396. Methyl thiocyanate
397. Methyl trichlorosilane
398. Methyl vinyl ketone
399. Methylene bis (2-chloroaniline)
400. Methylene chloride
401. Methylenebis-4, 4(2-chloroaniline)
402. Metolcarb
403. Mevinphos
404. Mezacarbate
405. Mitomycin C
406. Molybdenum powder
407. Monocrotophos
408. Morpholine
409. Muscinol
410. Mustard gas
411. N-Butyl acetate
412. N-Butyl alcohol
413. N-Hexane
414. N-Methyl-N, 2, 4, 6-Tetranitroaniline
415. Naphtha
416. Naphtha solvent
417. Naphthalene
418. Naphthyl amine
419. Nickel carbonyl/nickel tetracarbonyl
420. Nickel powder
421. Nicotine
422. Nicotine sulphate
423. Nitric acid
424. Nitric oxide
425. Nitrobenzene
426. Nitrocellulose (dry)
427. Nitrochlorobenzene
428. Nitrocycfohexane
429. N itrogen
430. Nitrogen dioxide
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431. Nitrogen oxide
432. Nitrogen trifluouide
433. Nitroglycerine
434. Nitropropane-1
435. Nitropropane-2
436. Nitroso dimethyl amine
437. Nonane
438. Norbormide
439. O-Cresol
440. O-Nitro Toluene
441. O-Toludine
442. O-Xylene
443. O/P Nitroaniline
444. Oleurn
445. OO Diethyl s ethyl suph. methyl ph
446. OO Diethyl s propythio methyl phosdithioate
447. OO Diethyl s thylsulphinylmethylphosphorothioate
448. OO Diethyl s ethylsulphonvimethylphosphorothioate
449. OO Diethyl s ethylthiomethylphosphorothioate
450. Organo rhodium complex
451. Orotic acid
452. Osmium tetroxide
453. Oxabain
454. Oxamyl
455. Oxetane, 3, 3,-bis(chloromethyl)
456. Oxidiphenoxarsine
457. Oxy disuffoton
458. Oxygen (liquid)
459 Oxygen difluoride
460. Ozone
461. P-nitrophenol
462. Paraffin
463. Paraoxon (Diethyl 4 Nitrophenyphosphate)
464. Paraquat
465. Paraquat methosulphate
466. Parathion
467. Parathion methyl
468. Paris green
469. Penta borane
470. Penta chloro ethane
471. Penta chlorophenol
472. Pentabromophenol
473. Pentachloro naphthalene
474. Pentadecyl-amine
475. Pentaerythaiotol tetranitrate
476. Pentane
477. Pentanone
478. Perchloric acid
479. Perchloroethylene
480. Peroxyacetic acid
481. Phenol
482. Phenol, 2, 2-thiobis (4, 6-Dichloro)
483. Phenol, 2, 2-thiobis (4 chloro 6 methyl phenol)
484. Phenol, 3-(1-methyl ethyl)-methylcarbamato
485. Phenyl hydrazine hydrochloride
486. Phenyl mercury acetate
487. Phenyl silatrane
488. Phenyl thiourea
489. Phenylene P-diamine
490. Phorate
491. Phosazetin
492. Phosfolan
493. Phosgene
494. Phosmet
495. Phosphamidon
496. Phosphine
497. Phosphoric acid
498. Phosphoric acid dimethyl (4-methl thio) phenyl
499. Phosphorothioic acid dimethyl S(2-Bis) Ester
500. Phosphorothioic acid methyl (ester)
501. Phosphorothioic acid, 00 Dimethyl S-(2-methyl)
502. Phosphorothioic, methyl-ethyl ester
503. Phosphorous
504. Phosphorous oxychloride
505. Phosphorous pentaoxide
506. Phosphorous trichloride
507. Phosphorous penta chloride
508. Phthalic anhydride
509. Phylioquinone
510. Physostignine
511. Physostignine salicylate (1:1)
512. Picric acid (2,4,6-trinitrophenol)
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513. Picrotoxin
514. Piperdine
515. Piprotal
516. Pirinifos-ethyl
517. Platinous chloride
518. Platitnim tetrachloride
519. Pottasium arserute
520. Potassium chlorate
521. Potassium cyanide
522. Potassium hydroxide
523. Potassium nitride
524. Potassium nitrite
525. Potassium peroxide
526. Potassium silver cyanide
527. Powdered metals and mixtures
528. Promecarb
529. Promurit
530. Propanesultone
531. Propargyl alcohol
532. Propargyl bromide
533. Propen-2-chloro-1,3-diou diacetate
534. Propiolactone bela
535. Propionitrile
536. Propionitrile, 3-chloro
537. Propiophenone, 4-amino
538. Propyl chloroformate
539. Propylene dichloride
540. Propylene gglycol, allylether
541. Propylene imine
542. Propylene oxide
543. Prothoate
544. Pseudosumene
545. Pyrazoxon
546. Pyrene
547. Pyridine
548. Pyridine, 2-methyl-3 -vinyl
549. Pyridine, 4-nitro-I -oxide
550. Pyridine, 4-nitro- I -oxide
551. Pyriminil
552. Quinaliphos
553. Quinone
554. Rhodium trichloride
555. Salcomine
556. Sarin
557. Selenious acid
558. Selenium Hexafluoride
559. Selenium oxychloricle
560. Semicarbazide hydrochloride
561. Silane (4-amino butyl) diethoxy-meth
562. Sodium
563. Sodium anthra-quinone-1-sulphonaie
564. Sodium arsenate
565. Sodium arsenite
566. Sodium azide
567, Sodium cacodylate
568. Sodium chlorate
569. Sodium cyanide
570. Sodium fluoro-acetate
571. Sodium hydroxide
572. Sodium pentachloro-phenate
573. Sodium picramate
574. Sodium selenate
575. Sodium selenite
576. Sodium sulphide
577. Sodium tellorite
578. Stannane acetoxy triphenyl
579. Stibine (Antimony hydride)
580. Strychnine
581. Strychnine aulphate
582. Styphinic acid (2.4.6-trinitroresorcinol)
583. Styrene
584. Sulphotec
585. Sulphoxide 3-chloropropyl octyl
586. Sulphur dichloride
587. Sulphur dioxide
588. Sulphur monochloride
589. Sulphur tetrafluoride
590. Sulphur trioxide
591. Sulphuric acid
592. Tellurium (Powder)
593. Tellurium hexafluoride
594, TEPP (Tetraethyl pyrophosphate)
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595. Terbufos
596. Tert-Butyl alcohol
597. Tert-Butyl peroxy carbonate
598. Tert-Butyl peroxy isopropyl
599. Tert-Butyl peroxyacetate (Conc>=70%)
600. Tert-Butyl peroxypivalate(Conc>=77%)
601. Tert-Butyperoxyiso-butyrate
602. Terta hydrofuran
60-3. Tetra methyl lead
604. Tetra nitromethane
605. Tetra-chlorodibenzo-p-dioxin, 1,2,3,7,8,(TCDD)
606. Tetraethyl lead
607. Tetrafluoriethyne
608. Tetramethylene disulphotetramine
609. Thallic oxide
610. Thallium carbonate
611. Thallium sulphate
612. Thallous chloride
613. Thallous malonate
614. Thallous sulphate
615. Thiocarbazide
616. Thiocynarnicacid, 2-(Benzothiazolyethio) methyl
617. Thiofamox
618. Thiometon.
619. Thionazin
620. Thionyl chloride
621. Thioplienol
622. Thiosenlicarbazide
623. Thiourea (2-chloro-phenyl)
624. Thiourea (2-methyl phenyl)
625. Tirpate (2.4-diinetlivi-1,3-di-thiolane)
626. Titanium powder
627. Titanium tetra-chloride
628. Toluene
629, Toluene 2.4-di isocyanate
630. Toluene 2,6-di isocyanate
631. Trans-1,4-di chloro-butene
632. Tri nitro anisole
633. Tri (Cyclohexyl) methylstannyl 1,2,4 triazole
634. Tri (Cyclohexyl) stannyl- I H- 1,2,3-triazole
635. Triaminotrinitrobenzene
636. Triamphos
637. Triazophos
638. Tribromophenol 2,4,6
639. Trichloro napthalene
640. Trichloro chloromethyl silane
641. Trichloroacetyl chloride
642. Trichlorodichlorophenylsilane
643. Trichloroethyl silane
644. Tricbloroethylene
645. Trichloromethane sulphenyl chloride
646. Trichloronate
647. Trichlorophenol 2, 3, 6
648. Trichlorophenol 2, 4, 5
649. Trichlorophenyl silane
650. Trichlorophon
651. Triethoxy silane
652. Triethylamine
653. Triethylene melamine
654. Trimethyl chlorosilane
655. Trimethyl propane phosphite
656. Trimethyl tin chloride
657. Trinitro aniline
658. Trinitro benzene
659. Trinitro benzoic acid
660. Trinitro phenetole
661. Trinitro-m-cresol
662. Trinitrotoluene
663. Tri orthocresyl phosphate
664. Triphenyl tin chloride
665. Tris (2-chloroethyl) amine
666. Turpentine
667. Uranium and its compounds
668. Valinomycin
669. Vanadium pentaoxide
670. Vinyl acetate mononer
671. Vinyl bromide
672. Vinyl chloride
673. Vinyl cyclohexane dioxide
674. Vinyl fluoride
675. Vinyl norbornene
676. Vinyl toluene
HRR/MSU/ES/905/U1/201112 98 OF 290
677. Vinyledene chloride
678. Warfarin
679. Warfarin sodium
780. Xylene dichloride
681. Xylidine
682. Zinc dichloropentanitrile
683. Zinc phosphate
684. Zirconium & compounds
10. In Schedule 2 of the said rules,-
i. Under the sub-heading " Threshold quantities (tonnes)",-
a. for the existing entries, the following shall be substituted, namely:- " For application of rules
4,5,7 to 9 and 13 to 15";
b. for existing entries, the following shall be substituted, namely:- "For application of rules 10 to
12";
(ii). for serial number 7 and the entries relating thereto the following serial number and entries
shall be substituted, namely:-
7. Extremely flammable liquids as defined in Schedule 5000 50,000"

1, paragraph (b) (ii)
i. after serial number 27 and the entries relating thereto, the following serial numbers and entries shall be inserted,
namely:-
"28 Very Highly flammable liquids as defined in 7,000 7,000

Schedule 1, paragraph (b)(iii)
29 Highly Flammable liquids as defined in 10.000 10,000

Schedule 1, paragraph (b)(iv)
30 Flammable liquids as defined in Schedule-1, 15,000 1,00,000

paragraph(b)(v)"
10. In schedule 3 of the said rules,-
i. in PART-1, in Group-4 relating to Explosive substances against serial numbers 150,160, 163, 164, and 165, in
column 3 , for the existing entries, the figures and letter "100 kg" shall respectively be substituted.
ii. for Part-II and the entries relating thereto the following shall be substituted, namely:-
" PART -II
Classes of substances as defined in PART-I, Schedule-1 and not specifically named in PART-I of
this Schedule.
1 2 3 4
Group 5 - Flammable substances
1. Flammable Gases 15T 200T
2. Extremely flammable liquids 1000T 5000T
3. Very Highly flammable liquids 1500T 10000T
4. Highly Flammable liquids which remains liquid 25T 200T

under pressure
5. Highly Flammable liquids 2500T 20000T
6. Flammable liquids 5000T 50000T"
10. In Schedule 4 of the said rules, in serial number 4 after the words "production, processing" the word "use" shall be inserted.
11. In Schedule 5 of the said rules, -
i. against serial number 3, in column 2, for the words "State Pollution Control Board" the words "State Pollution
Control Board or Committee" shall be substituted;
ii. against serial number 5 , in column 3, for the words "inside a port", the words "inside a port {covered under the
Dock Workers (Safety, Health and Welfare ) Act, 1986}" shall be substituted;
HRR/MSU/ES/905/U1/201112 99 OF 290
iii. against serial number 6, in column 3, the words "and pipelines including inter-state pipelines" shall be omitted.
iv. against serial number 7, in column 3, for the existing entries, the following entries shall be substituted, namely:-
"Enforcement of directions and procedures regarding: -
a. Notification of major accidents as per rule 5(1) and 5(2)
(b) Approval and Notification of Sites as per rule 7;
(c) Safety report and safety audit reports as per rule 10 to12;
a. acceptance of On-Site Emergency plans as per rule 13;
(e) assisting the District Collector in the preparation of Off-Site emergency plans as
per serial number 9 of this Schedule;
i. against serial number 8, in column 3, after the brackets, letter and words, "(b) The Calcium Carbide Rules, 1987,"
the following shall be inserted, namely:-
"and in respect of Industrial installation and isolated storages dealing with hazardous
chemicals and pipelines including inter-state pipelines regarding:-
a. Notification of major accidents as per rule 5;

b. Approval and notification of Sites as per rule 7;
c. Safety report and safety audit reports as per rules 10 to 12;
(d) acceptance of On-Site Emergency plans as per rule 13;
a. assisting the District Collector in the preparation of Off-Site emergency plans as per serial
number 9 of this Schedule."
(vi)against serial number 10 , in column 2, for the words brackets and letters "Directorate of
Explosive Safety (DES)", the words, brackets and letters "Centre for Environment and Explosive
Safety (CEES)" shall be substituted.
Jt. Secretary to the Govt. of India
{F. Number 17-4/90- HSMD}
Note:- The principal rules were published in the Gazette of India vide number S.O. 966(E), dated 27.11.89 and subsequently
amended vide:-
(i) GSR 584 dated 9.6.90 ,
(ii) S.O. 115(E) dated 5.2.90 and
(iii) S.O. 2882 dated 3.10.94.
The Hazardous Wastes (Management and Handling) Rules, 1989 (as amended, May, 2003)

HRR/MSU/ES/905/U1/201112 100 OF 290
(1) These rules may be called the Hazardous Wastes (Management and Handling) Rules, 1989, as amended in January 6, 2000 and
May 21, 2003.
2. Application
These rules shall apply to the handling of hazardous wastes as specified in Schedules and shall not apply to-
(a) waste water and exhaust gases as covered under the provisions of the Water (Prevention and Control of Pollution) Act. 1974 (6 of
1974) and the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) and rules made thereunder;
(b) wastes arising out of the operation from ships beyond five kilometers as covered under the provisions of the Merchant Shipping
Act, 1958 (44 of 1958) and the rules made thereunder.
(c) radio-active wastes as covered under the provisions of the Atomic Energy Act, 1962 (33 of 1962) and rules made thereunder.
(d) bio-medical wastes covered under the Bio-Medical Wastes (Management and Handling) Rules, 1998 made under the Act;
(e) wastes covered under the Municipal Solid Wastes (Management and Handling) Rules, 2000 made under the Act; and
(f) the lead acid batteries covered under the Batteries (Management and Handling) Rules, 2001, made under the Act.
3. Definitions
In these rules, unless the context otherwise requires:-
(1) "Act" means the Environment (Protection) Act, 1986 (29 of 1986);
(2) "applicant" means a person or an organisation that applies, in Form 1, for granting of authorisation to perform specific activities
connected with handling of hazardous wastes;
(3) "auction" means bulk sale of wastes by invitation of tenders or auction, contract or negotiation by individual(s), companies or
Government departments;
(4) "auctioneer" means a person or an organisation that auctions wastes;
(5) "authorisation" means permission for colection, transport, treatment, reception, storage and disposal of hazardous wastes,
granted by the competent authority in Form-2;
(6) "authorised person" means a person or an organisation authorised by the competent authority;
(7) "Central Pollution Control Board" means the Central Board constituted under sub-section (1) of section 3 of Water (Prevention
and Control of Pollution) Act, 1974 (6 of 1974);
(8) "dispoal" means deposit, treatment, recycling and recovery of any hazardous wastes;
(9) "export" means with its grammatical variations and cognate expressions, means taking out of India to a place outside India;
(10) "exporter" means any person under the jurisdiction of the exporting country who exports hazardous wastes and the exporting
country itself, who exports hazardous wastse to India;
(11) "environmentally sound management of hazardous wastes" means taking all steps required to ensure that the hazardous
wastes are managed in a manner which will protect health and the environment against the adverse effects which may result from
such wastes;
(12) "facility" means any location wherein the processes incidental to the waste generation, collection, reception, treatment, storage
and disposal are carried out;
(13) "form" means a Form appended to these rules;
(14) "hazardous waste" means 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 or substances, and shall include-
(a) wastes listed in cloumn (3) of Schedule-1;
(b) wastes having constituents listed in Schedule-2 of their concentration is equal to or more than the limit indicated in the
said Schedule; and
(c) wastes listed in Lists 'A' and 'B' of Schedule-3 (Part-A) applicable only in case(s) of import or export of hazardous wastes
in accordance with rules 12, 13 and 14 if they possess any of the hazardous characteristics listed in Part-B of Schedule-3.
Explanation: For the purposes of this clause-
(i) all wastes mentioned in column (3) of Schedule-1 are hazardous wastes irrespective of concentration limits given in
Schedule-2 except as otherwise indicated and Schedule-2 shall be applicable only for wastes or waste constituents not
covered under column (3) of Schedule-1;
(ii) Schedule-3 shall be applicable only in case(s) of import or export;
(15) "hazardous waste site" means a place for collection, reception, treatment, storage and disposal of hazardous wastes which
has been duly approved by the competent authority;
(16) "illegal traffic" means any transboundary movement of hazardous wastes as specified in rule 15;
HRR/MSU/ES/905/U1/201112 101 OF 290
(17) "import" with its grammatical variations and cognate expressions, means bringing into India from a place outside India;
(18) "importer" means an occupier or any person who imports hazardous wastes;
(19) "manifest" means transporting document(s) prepared and signed by the occupier in accordance with rule 7;
(20) "non-ferrous metal wastes" means wastes listed in Schedule 4;
(21) "operator of facility" means a person who owns or operates a facility for collection, reception, treatment, storage or disposal
of hazardous wastes;
(22) "recycler" means an occupier who procures and processes wastes for recovery;
(23) "recycling of waste oil" means reclamation by way of treatment to separate solids and water from waste oils using methods
such as heating, filtering, gravity, settling, centrifuging, dehydration, viscosity and specific gravity adjustment;
(24) "registered re-refiner or recyler" means a re-refiner or recycler registered for reprocessing wastes with the Minister of
Environment and forests or the Central Pollution Control Board as the case may be fore reprocessing wastes;
(25) "re-refining of used oil" means applying a process to the material composed of used oil so as to produce high quality base
stock for further manufacture of lubricants or for other petroleum products by blending or any other process;
(26) "schedule" means a Schedule appended to these rules;
(27) "State Government" means a State Government and in relation to a Union territory, the Administrator thereof appoined under
article 239 of the Constitution;
(28) "State Pollution Control Board or Committee" means the Board or Committee constituted under sub-section (1) of section 4
of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974).
(29) "storage" means storing hazardous wastes for temporary period, at the end of which the hazardous wastes is treated and
disposed off;
(30) "transboundary movement" means any movement of hazardous waste or other wastes from an area under the national
jurisdiction of one country to or through an area under the national jurisdiction of another country or to or through an area not under
the national jurisdiction of any country, provided at least two countries are involved in the movement;
(31) "transport" means off-site movement of hazardous waste by air, rail, road or water;
(32) "transporter" means a person engaged in the off-site transporation of hazardous waste by air, rail, road or water;
(33) "treatment" means a method, technique or process, designed to change the physical, chemical or biological characteristics or
composition of any hazardous waste so as to render such wastes harmless;
(34) "used oil" means any oil-
(i) derived from crude oil or mixtures containing synthetic oil including used engine oil, gear oil, hydraulic oil, turbine oil,
compressor oil, industrial gear oil, heat transfer oil, transformer oil, spent oil and their tank bottom sluidges; and
(ii) suitable for re-refining if it meets the specifications laid daown in Schedule 5, but does not include waste oil;
(35) "waste oil" means any oil-
(i) which includes spills of crude oil, emulsions, tank bottom sludge and slop oil generated from petroleum refineries,
installations or ships; and
(ii) is unsuitable for re-refining but can be used as fuel in furnaces if it meets the specifications laid down in Schedule 6;
(36) words and expressions used in these rules and not defined but defined in the Act shall have the meanings respectively assigned
to them in the Act.'
4. Responsibility of the occupier and operator of facility for handling of the wastes.
(1) The occupier and the operator of a facility shall be responsible for proper collection, reception, treatment, storage and disposal of
hazardous wastes listed in Schedule 1, 2 and 3.
(2) The occupier or any other person acting on his behalf who intends to get his hazardous waste treated by the operator of a facility
under sub-rule(1), shall give, to the operator of a facility, such information as may be specified by the State Pollution Control Board.
(3) It shall be the responsibility of the occupeir and the operator of a facility, to take all steps to ensure that the wastes listed in
schedules-1, 2 and 3 are properly handled, and disposed of without any adverse effects to the environment.
4A. Duties of the occupier and operatory of a facility
It shall be the duty of the occupier and the operator of a facility to take adequate stpes while handling hazardous waste to-
(i) Contain contaminants and prevent accidents and limit their consequences on human and the environment; and
HRR/MSU/ES/905/U1/201112 102 OF 290

(ii) provide persons working on the site with information, training and equipment necessary to ensure their safety.
5. Grant of authorisation for handling hazardous wastes

(1) Hazardous wastes shall be collected, treated, stored and disposed of only in such facilites as may be authorised for this purpose
(2) Every occupeir handling, or a recycler recycling, hazardous wastes shall make an application in Form 1 to the Member Secretary,
State Pollution Control Board or Committee, as the case may be or any officer designated by the State Pollution Control Board or
Committee for the grant of authorization for any of the said activities:
Provided that an occupier or a recycler not having a hazardous wastes treatment and disposal facility of his own and is operating in an
area under the jurisdiction assigned by the State Pollution Control Board or Committee, as the case may be, for a Common
Treatment, Storage and Disposal Facility (TSDF) shall become a member of this facility and send his waste to this facility to ensure
proper treatment and disposal of hazardous wastes generated failing which the authorization granted to the said occupier or recycler
in accordance with sub-rule may be cancelled after giving a reasonable opportunity to such occupier or recycler as the case may be,
of being heard or shall not to be granted by the State Pollution Control Board or Committee, as the case may be.;
(3) Any person who intends to be an operator of a facility for the collection, reception, treatment, transport, storage and disposal of
hazardous wastes, shall make an application in Form 1 to the Member Secretary, State Pollution Control Board or Committee for the
grant of authorization for all or any of the above activities specified in this rule.
(4) The Member Secretary, State Pollution Control Board or any officer designated by the Board or Committee shall not issue an
authorisation unless he is satisfied that the operator of a facility or an occupier, as the case may be, possesses appropriate facilities,
technical capabilities and equipment to handle hazardous wastes safely.
(4A) The authorisation application complete in all respect shall be processed by the State Pollution Control Boards within ninety days
of the receipt of such application.
(5) The authorisation to operate a facility shall be issued in Form 2 and shall be subject to conditions laid down therein.
(6)(i) An authorisation granted under this rule shall, unless suspended or cancelled, be in force during the period of its validity as
specified by the State Pollution Control Board or Committee from the date of issue or from the date of renewal, as the case may be.
(ii) An application for the nrenewal of an authorisation shall be made in Form 1 before its expiry.
(iii) the authoirsation shall continue to be in force until it is renewed or revoked.
(7) The Member Secretary, State Pollution Control Board or any officer designated by the Board or Committee, may, after giving
reasonable opportunity of being heard to the applicant refuse to grant any, authorisation.
(8) The Member Secretary, State Pollution Control Board or any officer designated by the Board shall renew the authorisation granted
under sub-rule (6), after examining each case on merit, subject to the following-
(i) on submission of annual returns by the occupier or operator of facility in Form 4;
(ii) on steps taken, by the applicant whereever feasible, for reduction and prevention in the waste generated or recycling or
reuse;
(iii) on fulfillment of conditions prescribed in the authorisation regarding management in an environmentally sound manner
of wastes.
(9) Ever State Pollution control Board or Committee shall maintain a register containing particulars of the condiditons 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 entries in the register shall be conclusive proof of
grant of authorisation for management and handling of hazardous wastes on such land or premises and the conditions subject to
which it was granted.
6. Power to suspend or cancel an authorisation

(1) The State Pollution Control Board or Committee may cancel an authorisation issued under these rules or suspend it for such period
as it thinks fit, if in its opinion, the authorised person has failed to comply with any of the conditions of the authorisation or with any
provisions of the act or these rules, after giving the authorised person an opportunity to show cause and after recording reasons
therefor.
(2) Upon suspension or/cancellation of the authorisation and during the pendency of an appeal under rule 12, the State Pollution
Control Board or Committee may give directions to the persons whose authorisation has been suspended or cancelled for the safe
storgae of the hazardous wastes, and such person shall comply with such directions.
7. Packaging, labelling and transport of hazardous wastes
(1) The occupier or operator of a facility shall ensure that the hazardous wastes are packages, based on the
composition in a manner suitable for handling, storage and transport and the labelling and packaging shall
be easily visible and be able to withstand physical conditions and climatic factors.
(2) Packaging, labelling and transport of hazardous wastes shall be in accordance with the provisions of
the rules made by the Central Government under the Motor Vehicles Act, 1988 and other guidelines
issued from time to time.
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(3) All hazardous waste containers shall be provided with a general label as given in Form 8.
(4) The occupier shall prepare six copies of the manifest in Form 9 comprising of colour code indicated
below (all six copies to be signed by the transporter):
Copy number with colour
Prupose
code
Copy 1 (White) to be forwarded by the occupier to the State Pollution Control Board or Committee
Copy 2 (Yellow) to be retained by the occupier after taking signature on it from the transporter and rest of the four
copies to be carried by the transpoter
Copy 3 (Pink) to be retained by the operator of the facility after signature
Copy 4 (Orange) to be returned to the transporter by the operator of facility after accepting waste
Copy 5 (Green) to be returned by the operator of the facility to State Pollution Control Board/Committee after
treatment and disposal of wastes.
Copy 6 (Blue) to be returned by the operator of the facility to the occupier after treatment and disposal of wastes
(5) The occupier shall forward copy number 1 (white) to the State Pollution Control Board or Committee and in case the hazardous
waste is likely to be transported through any transit State, the occupier shall prepare an additional copy each for such State and
forward the same to the concerned State Pollution Control Board or Committee before the hands over the hazardous waste to the
transporter. No transporter shall accept hazardous wastes from an occupier for transport unless it is accompanied by copy number 2
to 5 of the manifest. The transporter shall return copy number 2 (yellow) of the manifest signed with date to the occupier as token of
receipt of the other four copies of the manifest and retain the remaining four copies to the carried and handed over to respective
agencies as specified in sub-rule (4).
(6) In case of transport of hazardous wastes to a facility for treatment, storage and disposal existing in a State other than the State
where hazardous wastes are generated, the occupier shall obtain 'No Objection Certificate' from the State Pollution Control Board or
Committee of the concerned State or Union Territory Administration where the facility is existing.
(7) the occupier shall provide the transporter with relevant information in Form 10, regarding the hazardous nature of the wastes and
measures to be taken in case of an emergency.
8. Disposal Sites
(1) The occupier or operator of a facility or any association of occupiers, shall be jointly and severally responsible for identifying sites
for establishing the facility for treatment, storage and disposal of hazardous wastes.
(2) The State Government, operator of a facility or any association of occupiers shall jointly and severally be responsible for and
identify sites for common facility for treatment, storage and disposal of hazardous wastes in the State.
(3) The operator of a facility, occupier or any association of occupiers shall undertake an environmental impact assessment (EIA) of
the selected site(s) and shall submit the EIA report to the State Pollution Control Board or Committee.
(4) The State Pollution Control Board or Committee shall on being satisfied with the EIA report, cause a public notice for conducting a
public hearing as per the procedure contained in the Environmental Impact Assessment Notification, 1994 published vide S.O. 60(E)
dated 27th January, 1994 as amended from time to time.
(5) The State Pollution Control Board or Committee shall forward to the State Government or Union territory Administrator, as the
case may be, the project report including EIA report and details of public hearing alonwith its recommendations within a period of 30
days from the last date of public hearing.
(6) The State Government shall complete the assessment within a period of thirty days from the date of receipt of the documents
mentioned in sub-rule (5) and convey the decision of its approval of site(s) or otherwise within 30 days thereafter to the concerned
operator of the facility, occupier or any association of occupiers.
(7)After approval of the site or sites, the State Government shall acquire the site or inform the occupiers to acquire the site(s) for
settling up the facility for treatment, storage and disposal of hazardous wastes. The State Government shall simultaneously notify
such site(s). The State Government shall also compile and publish periodically an inventory of such hazardous wastes disposal sites
and facilities;
(8) Setting up of an on-site facility for treatment, storage and disposal of hazardous wastes for captive use shall be govenred by the
authorisation procedure laid down in rule 5.
8A. Design and setting up of disposal facility
(1) The occupier any association or operator of a facility, as the case may be shall design and set up disposal facility as per the
guidelines issued by the Central Government or the State Government as the case may be.
(2) The occupier, any association or operator, shall before setting up a disposal facility get the design and the layout of the facility
approved by the State Pollution Control Board.
(3) The State Pollution control Board shall monitor the setting up and operation of a facility regularly.
8B. Operation and closure of landfill site
(1) The occupier or the operator as the case may be, shall be responsible for safe and environmentally sound operation of the facility
as per design approved under Rule 8A by the State Pollution Control Board.
(2) The occupier or the operator shall ensure that the closure of the landfill is as per the desgn approved under Rule 8A by the State
Pollution Control Board.
9. Records and returns
(1) The occupier generating hazardous waste and operator of a facility for collection, reception, treatment, transport, storage and
HRR/MSU/ES/905/U1/201112 104 OF 290
disposal of hazardous waste shall maintain records of such operations in Form 3.
(2) The occupier and operator of a facility shall send annual returns to the State Pollution Control Board or Committee in Form 4.
(3) The State Pollution Control Board or Committee shall prepare an inventory of hazardous wastes, as early as possible as per Form
4, within its jurisdiction and compile other related information like treatment and disposal of hazardous wastes based on the returns
filed by respective occupier and operator of facility as per sub-rule(2).
10. Accident reporting and follow-up
Where an accident occurs at the facility or on a hazardous waste site or during transporation of hazardous waste, the occupier or
operator of a facility shall report immediately to the State Pollution control Board or Committee about the accident in Form 5.
11. Import and Export of Hazardous Wastes for dumping and disposal
(1) Import of hazardous wastes from any country to India and export of hazardous wastes from India to any country for dumping or
disposal shall not be permitted.
(2) The exporting country or the exporter or the exporter as the case may be of hazardous wastes shall communicate in Form 6 to the
Central Government (the Ministry of Environment & Forests) of the proposed trans-boundary movement of hazardous wastes.
(3) The Central Government shall, after examining the communication received under sub-rule (2) and on being satisfied that the
import of such hazardous wastes is to be used for processing or reuse as raw material grant permission for the import of such wastes
subject to such conditions as the Central Government may specify in this behalf and if, however the Central Government is not
satisfied with the communication received under sub-rule (2), may refuse permission to import such hazardous wastes.
(4) Any importer importing hazardous waste shall provide necessary information as to the type of hazardous wastes he is to import,
in Form 6, to the concerned State Pollution Control Board or Committee/the Central Pollution Control Board in the case of Union
Territories.
(5) The State Pollution Control Board or Committee shall examine the information received under the sub-rule (4) and issue
instruction to the importers as its considers necessary.
(6) The Central Government or the State Pollution Control Board or Committee, as the case may be, shall inform the concerned Port
Authority to take appropriate steps regarding the safe handling of the hazardous wastes at the time of off-loading the same.
(7) Any person importing hazardous wastes shall maintain the records of the hazardous wastes imprted as specified in Form 7 and the
records so maintained shall be open for inspection by the State Pollution Control Board or Committee/the Ministry of Environment and
Forests/the Central Polltion Control Board in the case of Union Territories or an officer appointed by them in this behalf.
12. Import and Export of Hazardous Wastes for recycling and reuse
(1) No person shall import or export hazardous wastes or substances containing or contaminated with such hazardous wastes as
specified in Schedule 8, even for recycling.
(2) The Ministry of Environment and forests shall be the Nodal Ministry to deal with the trans-boundary movement of hazardous
wastes and to grant permission of transit of hazardous wastes through any part of India.
(3) Import and export of hazardous wastes shall be permitted only as raw materials for recycling or reuse. (Schedule 3, 4).
(4) The authorities mentioned in column 2 of Schedule 7 shall be responsible for regulation of export and import of hazardous wastes.
(5) Any occupier importing or exporting hazardous wastes shall provide detailed information in Form 7A to the Customs authorities.
(6) Any occupier importing or exporting hazardous wastes shall comply with the articles of the Basel Convention to which the Central
Government is a signatory.
(7) In case of any dispute as the grant of permission to import or export of hazardous wastes, the matter shall be referred to the
Central Government for a decision.
13. Import of Hazardous Waste
(1) Every occupier seeking to import hazardous wastes shall apply to the State Pollution Control Board or Committee at least 120
days in advance of the intended date of commencement of the shipment in Form 6;
(2) The State Pollution Control Board shall examine the application received from the occupier within thirty days and forward the
application with recommendation and requisite stipulations for safe transport, storage and processing, to the Ministry of Environment
and Forests;
(3) The Ministry of Environment and Forests, Government of India will examine the application received from the State Pollution
Control Board and after satisfying itself will grant permission for imports subject to the following:
(a) environmentally friendly/appropriate technology used for re-processing;
(b) the capability of the importer to handle and reprocess hazardous wastes in an environmentally sound manner;
(c) presence of adequate facility for treatment and disposal of wastes generated; and
(d) approvals, no objection certificates and authorisation from all concerned authorities.
(4) The Ministry of Environment & Forests, Government of India, shall forward a copy of the permission granted, to the Central
Pollution Control Board, the State Pollution Control Board and the concerned Port and Customs authorities for ensuring compliance of
the conditions of imports and to take appropriate steps for safe handling of the waste at the time of off-loading;
(5) An application for licence to the directorate General of Foreign Trade for import shall be accompanied with the permission granted
by the Ministry of Environment & Forests, Government of India under sub-rule (3) to the importer and an authenticated copy of Form
7 of the Exporter under sub-rule (3) of rule 14;
(6) The Port and Custom authorities shall ensure that the shipping document is accompanied with an authenticated copy of Form 7
HRR/MSU/ES/905/U1/201112 105 OF 290
and the test report from an accredited laboratory of analysis of the hazardous waste shipped;
(7) The occupier having valid permission to import shall inform the State and Central Pollution Control Board and the Port authorities
of the arrival of the consignment of hazardous wastes ten days in advance;
(8) The occupier importing hazardous waste shall maintain the records of hazardas wastes imports as specified in Form 6A and the
record so maintained shall be available for inspection;
(9) An occupier importing hazardous wastes listed under an Open General Licence of the Directoral General of Foreign Trade shall
register himself with the Ministry of Environment and Forests or any other authority or agency such as the Central Pollution Control
Board designed by it in accordance with the procedure laid down under rule 19.
14. Export of Hazardous Waste

(1) The exporting country or the exporter as the case may be of hazardous waste shall apply ninety days in advance in Form 7 to the
Ministry of Environment and Forests, Government of India, seeking permission for the proposed export and transboundary
movement;
(2) The Ministry of Environment and Forests, Government of India, on receipt of such Form 7 from an exporter or an exporting
country shall examine the case on merit and grant or refuse permission for export to India;
(3) The Ministry of Environment and Forests, shall communicate the grant of permission by authentication on Form 7 to the exporter
and the exporting country and endorse a copy of the same to the Central Pollution Control Board and the State Pollution Control
Board.
(4) The exporter shall ensure that no consignment is shipped prior to the requisite authentication being received. The exporter shall
also ensure that the shipping document is accompanied with Form 7A, an authenticated copy of Form 7 and an authenticated copy of
the test report from an accredited laboratory of analysis of the hazardous waste.
(5) The occupier, exporting hazardous waste to any other country shall seek permission from the competent authority of that country
prior to any shipment.
(6) Every occupier exporting hazardous waste shall inform the Central Government of the permission sought for exporting, permission
granted for export and details of the export in Form 7.
15. Illegal Traffic
(1) The movement of hazardous wastes from or to the country shall be considered illegal:
(i) if it is without prior permission of the Central Government; or
(ii) if the permission has been obtained through falsification, mis-representation or fraud; or
(iii) it does not conform to the shipping details provided in the document;
(2) In case of illegal movement, the hazardous wastes in question;
(i) shall be shipped back within thirty days either to the exporter or to the exporting country;
or
(ii) shall be disposed of within thirty days from the date of off-loading subject to inability to comply with sub-rule 2(i) above
in accordance with the procedures laid down by the State Pollution Control Board or Committee in constitution with Central
Pollution Control Board.
(3) In case of illegal transboundary movement of hazardous wastes, the occupier exporting hazardous waste from the country or the
exporter exporting hazardous waste to the country and importer importing hazardous waste into the country shall ensure that the
waste in question is safely stored and shipped or disposed off in an environmentally sound manner within thirty days from the date of
off-loading.
(4) The exporter shall bear the costs incurred for the disposal of such wastes.
16. Liability of the occupier, transporter and operatory of a facility

(1) The occupier, transporter and operator of a facility shall be liable for damages caused to the environment resulting due to
improper handling and disposal of hazardous waste listed in Schedule 1, 2 and 3;
(2) The occupier and operator of a facility shall also be liable to reinstate or restore damaged or destroyed elements of the
environment at his cost, failing which the occupier or the operator of a facility, as the case may be, sahll be liable to pay the entire
cost of remediation or restoration and pay in advance an amount equal to the cost estimated by the State Pollution Control Board or
Committee. Thereafter the Board or Committee shall plan an cause to be executed the programme for remediation or restoration. The
advance paid to State Pollution Control Board or Committee towards the cost of remediation or restoration shall be adjusted once the
actual cost of remediation or restoration is finally determined and the remaining amount, if any, shall be recovered from the occupier
or the operator of the facility.
(3) The occupier and operator of a facility shall be liable to pay a fine as levied by the State Pollution Control Board with the approval
of the Central Pollution Control Board for any violation of the provisions under these rules.
17. Transitional provisions - Where -
(a) On the date of coming into operation of these rules, an occupier handling hazardous wastes who is required to comply with the
provisions of these rules, it will be sufficient compliance if the occupier and the authorities do so within three months after the date of
coming into force of these rules;
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(b) State Pollution Control Board and Pollution Control Committee are required to oversee the compliance.
18. Appeal
(1) An appeal shall lie, against any order of grant or refusal of an authorisation by the Member Secretary, State Pollution Control
Board or any officer designated by the Board or the Secretary, Department of Environment of the State Government by whatever
name called.
(2) Ever appeal shall be in writing and shall be accompanied by a copy of the order appealed against and shall be presented within
thirty days of the receipt of the order passed.
(3) Ever appeal filed under this rule shall be disposed of within a period of sixty days from the date of such filing.
19. Procedure for registration and renewal of registration of recyclers and refiners.
(1) Every person desirous of recycoling or re-refining non-ferrous metal wastes as specified in Schedule 4 or used oil or waste oil shall
register himself with the Central Pollution Control Board
Provided that no ownder or occupier of an industrial unit having captive recycling or non-ferrous metals or recycling or waste oil or re-
refining oil or used oil facility shall be required to register under these rules.
Provided further that no person who has registered with the Ministry of Environment & Forests before the commencement of the
Hazardous Wastes (Management and Handling) Amendment rules, 2003, shall, unless such registration is cancelled or ceases to
operate under sub-rule (3) of rule 21, be required to register under this sub-rule as given in the certificate of registraion.
(2) Every application for registration under this rule shall be made in Form 11 along with a copy of each of the following doucments to
the Central Pollution Control Board for the grant of such registration or renewal:-
(a) letter of consent granted under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and
Control of Pollution) Act, 1981;
(b) authorisation granted under rule 5 of these rules;
(c) certificate of registration with Distrcit Industries Centre;
(d) proof of installed capacity of plant and machinery issued by either State Pollution Control Board or Committee or the
District Industries Centre; and
(e) report from the State Pollution Control Board or Committee regarding proof of compliance of effluent and emission
standards and treatment and disposal of hazardous wastes as stipulated by that Board or Commiittee.
(3) If the Central Pollution Control Board is satisfied that the recyclers or re-refiners possess requisite facilities, technical capabilities,
and equipment to recycle or re-refine the wastes and dispose of the hazardous wastes generated, it shall grant a certificate of
registration to such recycler or re-refiner, as the case may be.
(4) The Central Pollution Control Board shall dispose of the application for registration within 120 days of receipt of such application
with complete details.
(5) The certificate of registration granted under sub-rule(3) shall be valid for a period of two years from the date of its issue unless
suspended or cancelled earlier.
(6) Every application for renewal of registration ofa a certificate of registration granted under sub-rule(3) shall me made in Form 11
along with the documents mentioned in such-rule(2) atleast two monts before the expiry of the period of validity of such certificate.
The Central Pollution Control Board shall renew the registration of the recycler or re-refiner granted under sub-rule(3) after examing
each case on merit.
(7) The Central Pollution Control Board may, after giving reasonable opportunity to the applicant of being heard, by order, refuse to
grant certificate of registration of renewal.
(8) The Central Pollution Control Board may cancel or suspend a registration or renewal granted under these rules, if in its opinion the
registered recycler has failed to comply with any of the conditions of registration, or with any provisions of the act or rules made
thereunder after giving him an opportunity of being heared and after recording the reasons therefor;
(9) An appeal against any order of suspension or cancellation or refusal of registration or renewal passed by Central Pollution Control
Board shall lie with the Secretary, Ministry of Environment and Forests (hereafter referred to as the appellate authority).
(10) The memorandum of appeal under sub-rule (9) shall be in writing and shall be accompanied with a copy of the order appealed
against and shall be presented within 30 days of passing of the order;
Provided that the appellate authority may allow a memorandum of appeal to be filed after the expiry of the said period of thirty days,
but in no case later than 45 days if the appellate authority is satisfied that there exists sufficient cause for not preferring the appeal in
time.
(11) On receipt of a memorandum of appeal under sub-rule (9) the appellate authority shall within ninty days from the date of receipt
of such memorandum of appeal and after giving the appellant an opportunity of being heard pass such order as he may deem fit.
(12) In case of units registered with the Ministry of Environment and Forests or the Central Pollution Control Board for items placed
under "free category" in Notification nos. 22(RE-99), 1997-2002 dated 30 th July, 1999; 26 (RE-99) 1997-2002 dated 10th September,
1999; 38(RE-2000) 1997-2002 dated 16th October, 2000 and 6(RE-2001) dated 31st March, 2001 issued by the Directorate General of
Foreign Trades and oterh similar notifications issued based on the advice of Ministry of Environment and Forests, prior import
permission from that Ministry shall not be required.
(13) Recyclers and re-refiners registered with the Government of India in the Ministry of Environment and Forests or the Central
Pollution Control Board shall maintain a record of wastes purchased, processed and sold and shall file an annual return in Form 12 to
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the respective State Pollution Control Board or Committee, as the case may be, latest by 31 st January of every year.
20. Responsibility of waste generator

(1) No owner or occupier generating non-ferrous metal waste specified in Schedule 4 or generating used oil or waste oil of ten tons or
more per annum shall sell or acution such non-ferrous metal wastes, used oil or waste oil except to registered re-refiner or recycler,
as the case may be, who undertakes to re-refine or recycle the waste within the period of validity of his certificate of registration.
(2) Any waste oil which does not meet the specifications laid down in Schedule 6 shall not be auctioned or sold but shall be disposed
of in hazardous wastes incineratory installed with air pollution control devices and meeting emission standards.
(3) The persons generating wase or auctioneers shall ensure that at the time of auction or sale, he period of validity of the certifciate
of registration of the registered re-refiner or recycler is sufficient to reprocess the quantity of wastes being sold or acutioned to him.
(4) The waste generators and auctioneers shall ensure that the wastes are not allowed to be stored for more than ninety days and
shall maintain a record of auctions and sale of such wastes and make there records available to the State Pollution Control Board or
Committee for inspections.
(5) The waste generators and auctioneers shall file annual returns of auctions and sale in Form 13 latest by 31 st day of January of
every year to the respective State Pollution Control Board or Committee.
21. Technoloy and standards for re-refining or recyling
(1) Re-refiners and recyclers shall use only environmetally sound technologies while recycling and re-refining non-ferrous metal
wastes or used oil or waste oil. In case of used oil, re-refiners using acid clay process or modified acid clay process shall switch over
within six months from the date of commencement of the Hazardous Waste (Management and Handling) Amendements Rules, 2003
to other environmentally sound technologies as under:
(a) Vaccum distillation with clay tretament;
(b) Vaccum distillation with hydrotreating;
(c) Thin film evaporation process; or
(d) Any other technology approved by the Ministry of Environment and Forests.
(2) The re-refiners and recyclers registered with the Ministry of Environment and Forests or the Central Pollution Control Board in
accordance with the procedure laid down in rule 19 shall file a compliance report of having adpoted one of the technologies mentioned
in sub-rule (1) within six months from the date of commencement of the Hazardous Wastes (Management and Handling) Amendment
Rules, 2003.
(3) Notwithstanding anything contained in a certificate of registration granted to a recycler or re-refiner, such registration with the
Ministry of Environment and Forests shall cease to be valid if he fails to comply with sub-rule (1).
(4) The State Pollution Control Board or Committee shall inspect the re-refining and recycling units withing three months of the expiry
of the six months period referred to in sub-rule(1) and submit a compliance report to the Central Pollution Control Board which shall
compile such information and furnish the same to the Ministry of Environment and Forests on a regular basis.
(5) The Ministry of Environment and Forests shall notify time-to-time specifications and standards to be followed by recyclers and re-
refiners.
Hazardous Wastes (Management, Handling and Transboundary Movement) Fourth Amendment Rules, 2010
w.e.f 01.09.2010
by admin — last modified 2010-11-02 15:19
S.O.1996(E).--In exercise of the powers conferred by sections 6, 8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986),
the Central Government hereby makes the following rules further to amend the Hazardous Wastes (Management, Handling and
Transboundary Movement) Rules, 2008, namely;
Hazardous Wastes (Management, Handling and Transboundary Movement) Fourth Amendment Rules, 2010, w.e.f
01.09.2010
Ministry : Ministry of Environment and Forests
HRR/MSU/ES/905/U1/201112 108 OF 290

Notification No : SO1996(E)
Date of Notification : 13.08.2010
Date of Publication : 13.08.2010
Hazardous Wastes (Management, Handling and Transboundary Movement) Fourth Amendment Rules, 2010, w.e.f
01.09.2010
S.O.1996(E).--In exercise of the powers conferred by sections 6, 8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986),
Transboundary Movement) Rules, 2008, namely:--
1. (1) These rules may be called the Hazardous Wastes (Management, Handling and Transboundary Movement) Fourth
Amendment Rules, 2010.
(2) They shall come into force with effect from the 1st day of September, 2010.
2. In the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008 (hereinafter referred to as
the said rules), in rule 8, in sub-rules (2), (3), (4), (5) and (6), for the words "Central Pollution Control Board", at all the
places wherever they occur, the words "State Pollution Control Board or the Pollution Control Committee" shall respectively
be substituted.
3. In the said rules, in Schedule VII,--
(a) against serial number 2, under the heading corresponding duties, item vi and the entry relating thereto shall be
omitted;
(b) against serial number 4, under the heading corresponding duties, after item vii, the following shall be inserted,
namely,--
"viii. Registration and renewal of registration of Recyclers or Re-processors"
4. In the said rules, in FORM 5 appended to the said rules, under the heading, for the words "Central Pollution Control
Board", the words "State Pollution Control Board or the Pollution Control Committee" shall be substituted.
[F. No. 23-21/99-HSMD]
Note :--The principal rules were published in the Gazette of India, Extraordinary vide notification number S.O.2265(E), dated the
24th September, 2008 and subsequently amended vide number S.O.1799(E), dated the 21st July, 2009, S.O.2447 (E), dated the
23rd September, 2009 and S.O.710 (E), dated the 30th March, 2010.
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LABELING COSMETICS AS ENVIRONMENT FRIENDLY PRODUCTS

NOTIFICATION
New Delhi, the 24th August, 1992
G.S.R.768(E).-In exercise of the decision recorded in paragraph 5 of the Resolution of the Government of India in the Ministry of
Environment & Forests, published vide GSR No.85(E), dated 21.2.1991 in the Gazette of India Extraordinary, Part If, Section 3,
Subsection(i), the Central Government hereby notifies the following criteria for labeling Cosmetics as Environment Friendly Products.
1. GENERAL REQUIREMENTS:--(i) All the products manufactured shall meet the requirements of following Indian Standards of BIS
pertaining to safety, quality and performance :
Sl. No. Item IS CODE NO.
1. 2. 3.
1. Skin Powders IS:3959:1979
2. Skin powder for infants IS:5339:1978
3. Tooth Powder IS:5383:1978
4. Skin powder for infants IS:6356:1978
5. Tooth Powder IS:6608:1976
6. Skin Creams IS:7123:1984
7. Hair Cils IS:7669:1975
8. Shampoo Soap based IS:7884:1978
9. Hair Creams IS:7679:1975
10. Oxidation Hair Dyes liquide IS:8481:1977
11. Cologne IS:8482:1977
12. Nail Polish (Nail Enamel) IS:9245:1977
13. After Shave lotion IS:9255:1979
14. Pomades & Brilliantines IS:9339:1979
15. Depliatorics Chemical IS:9636:1988
16. Shaving Creams IS:9740:1981
17. Cosmetic Pencils IS:9832:1981
18. Lipstick IS:9875:1981
(ii) All the ingredients that go into formulation of cosmetics shall comply with the provisions prescribed in IS 4707: Part I,II and III
classification of cosmetics raw materials and adjuncts as well as the product specific requirements.
(iii) The product package shall display a list of critical ingredients in descending order of quantity present. The list of such ingredients
shall be identified by BIS.
(iv) The product shall not be manufactured from any carcinogenic ingredients.
Note:- Central Drug Research Instt./Industrial Toxicological Research Instt. would furnish a list of carcinogenic ingredients to BIS and
would also keep BIS informed about the changes therein.
(v) The product manufacturer must produce the consent as per the provisions of Water (Prevention and Control of Pollution) Act,
1974, Water (Prevention and Control of Pollution) Cess Act, 1977 and Air (Prevention and Control of Pollution) Act, 1981 alongwith
the authorisation, if required under Envirotiment(Protection)Act,1986 and rules made thereunder to BIS while applying for ECOMARK,
Additionally, pr(,visions of the Drugs and Cosmetics Act, 1940 and rules thereunder shall also be complied with.
(vi) The product package shall be suitably marked that ECOMARK lable is applicable only to the contents, if the product pacakage is
not separately covered under the ECOMARK scheme.
HRR/MSU/ES/905/U1/201112 110 OF 290

(vii) The material used for produce packaging shall meet the parameters evolved under the scheme of labeling Environment
Friendly Packaging/packaging materials.
2. PRODUCT SPECIFIC REQUIREMENTS:- All the cosmetics formulations shall comply with the requirements given below under (i)
to (iii). Further in addition to compliance with the requirements under (i) to (iii) the respective cosmetics namely: Tooth Paste/Tooth
Powder, Hair Dyes and Nail Polish shall comply with the requirements given below under (iv),(v) and (vi) respectively.
(i) Product shall be dermatologically safe when tested by the method prescribed by IS 4011 :1982.
(ii) Biodegradable surfactant agents wherever used in cosmetics formulation shall be as per their limit finished for synthetic
detergents for ECOMARK by the Technical Committee.
(iii) Heavy metals calculated as lead (Pb) and Arsenic (Ars) shall not exceed 10 and 1 ppm, respectively when tested by the
respective methods, prescribed in Indian Standards.
(iv) Tooth Paste/Tooth Powder:- For the purpose of formulation of these products, the ingredients listed in IS : 6356 (1979) and
ISL : 5383 (1978) shall only be used. Moreover, tooth paste shall not be fluoridated and presence of fluoride (F) as impurity
shall not exceed the limit of 10 ppm.
Note:- This has been done with a view to ensure safety of these products from oral toxicity as the ingredients listed in the relevant
Indian Standards are based on the consideration that are generally regarded as safe for such formulations.
(v) Hair Dyes :- Lead based dyes shall not be used.
(vi) Nail Polish :- Halogenated organic solvents shall not be used.
Note : Manufacturers will give necessary undertakings with supporting documents to BIS while applying for ECOMARK for
requirements under (v) and (vi) above.
3. BIS may formulate/incorporate optional standards for environment friendly characteristics.
4. Filing of Objections:- A n person interested in filling any objection against these criteria for -labeling Cosmetics as environment
friendly may do so in writing to the Deputy Secretary, Ministry of Environment & Forests, Paryavaran Bhawan, CGO Complex, Lodhi
Road, New Delhi within sixty days from the date of publication of this notification in the official gazette.
No. 23/06/91 -PL(CPW)]
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ENVIRONMENT IMPACT ASSESSMENT

ENVIRONMENT IMPACT ASSESSMENT NOTIFICATION S.O.60(E), dated 27/01/1994
(incorporating amendments vide S.O. 356(E) dated 4/5/1994, S.O. 318(E) dated 10/4/1997, S.O. 319 dated
10/4/1997, S.O. 73(E) dated 27/1/2000, S.O. 1119(E) dated 13/12/2000, S.O. 737(E) dated 1/8/2001, S.O. 1148(E)
dated 21/11/2001, S.O. 632(E) dated 13/06/2002 )
1) S.O. 60 (E)- Whereas a notification under clause (a) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986
inviting objections from the public within sixty days from the date of publication of the said notification, against the intention of
the Central Government to impose restrictions and prohibitions on the expansion and modernization of any activity or new
projects being undertaken in any part of India unless environmental clearance has been accorded by the Central Government or
the State Government in accordance with the procedure specified in that notification was published as SO No. 80(E) dated 28 th
January, 1993;
And whereas all objections received have been duly considered;
Now, therefore, in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the
Environment (Protection) Act, 1986 (29 of 1986) read with clause (d) of sub-rule (3) of rule 5 of the Environment
(Protection) Rules, 1986, the Central Government hereby directs that on and from the date of publication of this notification
in the Official Gazette, expansion or modernization of any activity (if pollution load is to exceed the existing one, or new
project listed in Schedule I to this notification, shall not be undertaken in any part of India unless it has been accorded
environmental clearance by the Central Government in accordance with the procedure hereinafter specified in this
notification;
2) Requirements and procedure for seeking environmental clearance of projects:
I.(a) 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 shall submit an application to the Secretary, Ministry of Environment and
Forests, New Delhi.
The application shall be made in the proforma specified in Schedule-II of this notification and shall be accompanied by a project
report which shall, inter alia, include an Environmental Impact Assessment Report, Environment Management Plan and details of
public hearing as specified in Schedule-IV prepared in accordance with the guidelines issued by the Central Government in the
Ministry of Environment and Forests from time to time. However, 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) modernisation of existing irrigation projects.
Provided that for pipeline projects, Environmental Impact Assessment report will not be required:
Provided further, that for pipeline and highway projects, public hearing shall be conducted in each district through which the
pipeline or highway passes through.
(b) Cases rejected due to submission of insufficient or inadequate data and Plan may be reviewed as and when submitted with
complete data and Plan. Submission of incomplete data or plans for the second time would itself be a sufficient reason for
the Impact assessment Agency to reject the case summarily.
II. In case of the following site specific projects:
a. mining;
b. pit-head thermal power stations;
c. hydro-power, major irrigation projects and/or their combination including flood control;
d. ports and harbours (excluding minor ports);
e. prospecting and exploration of major minerals in areas above 500 hectares;
The project authorities will intimate the location of the project site to the Central Government in the Ministry of
Environment and Forests while initiating any investigation and surveys. The Central Government in the Ministry of
Environment and Forests will convey a decision regarding suitability or otherwise of the proposed site within a
maximum period of thirty days. The said site clearance shall be granted for a sanctioned capacity and shall be valid
for a period of five years for commencing the construction, operation or mining.
III. (a) The reports submitted with the application shall be evaluated and assessed by the Impact Assessment Agency, and if
deemed necessary it may consult a committee of Experts, having a composition as specified in Schedule-III of this
Notification. The Impact Assessment Agency (IAA) would be the Union Ministry of Environment and Forests. The
Committee of Experts mentioned above shall be constituted by the Impact Assessment Agency or such other body
under the Central Government authorised by the Impact Assessment Agency in this regard.
(b) The said Committee of Experts shall have full right of entry and inspection of the site or, as the case may
be, factory premises at any time prior to, during or after the commencement of the operations relating to the project.
(c) The Impact Assessment Agency shall prepare a set of recommendations based on technical assessment of documents
and data, furnished by the project authorities supplemented by data collected during visits to sites or factories, if
undertaken and details of the public hearing.
The assessment shall be completed within a period of ninety days from receipt of the requisite documents and data
from the project authorities and completion of public hearing and decision conveyed within thirty days thereafter.
The clearance granted shall be valid for a period of five years for commencement of the construction or operation of the
project.
IV. In order to enable the Impact Assessment Agency to monitor effectively the implementation of the recommendations and
conditions subject to which the environmental clearance has been given, the project authorities concerned shall submit a
half yearly report to the Impact Assessment Agency. Subject to the public interest, the Impact Assessment Agency shall
make compliance reports publicly available.
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V. If no comments from the Impact Assessment Agency are received within the time limit, the project would be deemed to have
been approved as proposed by project authorities.
3) Nothing contained in this Notification shall apply to:
a. any item falling under entry Nos. 3, 18 and 20 of the Schedule-I to be located or proposed to be located in the areas
covered by the Notifications S.O. No.102 (E) dated 1 st February, 1989, S.O. 114 (E) dated 20 th February, 1991;
S.O. No. 416 (E) dated 20th June, 1991 and S.O. No.319 (E) dated 7th May, 1992.
b. any item falling under entry no.1,2,3,4,5,7,9,10,13,14,16,17,19,21,25,27 of Schedule-I if the investment is less
than Rs.100 crores for new projects and less than Rs. 50 crores for expansion / modernization projects.
c. any item reserved for Small Scale Industrial Sector with investment less than Rs. 1 crore.
d. defence related road construction projects in border areas.
e. any item falling under entry no. 8 of Schedule-I, if that product is covered by the notification G.S.R. 1037(E) dated
5th December 1989.
f. Modernization projects in irrigation sector if additional command area is less than 10,000 hectares or project cost is
less than Rs. 100 crores.
4) Concealing factual data or submission of false, misleading data/reports, decisions or recommendations would lead to the project
being rejected. Approval, if granted earlier on the basis of false data, would also be revoked. Misleading and wrong information
will cover the following:
o False information
o False data
o Engineered reports
o Concealing of factual data
o False recommendations or decisions

SCHEDULE-I
(See paras 1 and 2)
LIST OF PROJECTS REQUIRING ENVIRONMENTAL CLEARANCE FROM THE CENTRAL GOVERNMENT
1. Nuclear Power and related projects such as Heavy Water Plants, nuclear fuel complex, Rare Earths.
2. River Valley projects including hydel power, major Irrigation and their combination including flood control.
3. Ports, Harbours, Airports (except minor ports and harbours).
4. Petroleum Refineries including crude and product pipelines.
5. Chemical Fertilizers (Nitrogenous and Phosphatic other than single superphosphate).
6. Pesticides (Technical).
7. Petrochemical complexes (Both Olefinic and Aromatic) and Petro-chemical intermediates such as DMT, Caprolactam, LAB
etc. and production of basic plastics such as LLDPE, HDPE, PP, PVC.
8. Bulk drugs and pharmaceuticals.
9. Exploration for oil and gas and their production, transportation and storage.
10. Synthetic Rubber.
11. Asbestos and Asbestos products.
12. Hydrocyanic acid and its derivatives.
13 (a) Primary metallurgical industries (such as production of Iron and Steel, Aluminium, Copper, Zinc, Lead and Ferro Alloys).
(b) Electric arc furnaces (Mini Steel Plants).
14. Chlor alkali industry.
15. Integrated paint complex including manufacture of resins and basic raw materials required in the manufacture of paints.
16. Viscose Staple fibre and filament yarn.
17. Storage batteries integrated with manufacture of oxides of lead and lead antimony alloys.
18. All tourism projects between 200m—500 metres of High Water Line and at locations with an elevation of more than 1000
metres with investment of more than Rs.5 crores.
19. Thermal Power Plants.
20. Mining projects (major minerals) with leases more than 5 hectares.
21. Highway Projects except projects relating to improvement work including widening and strengthening of roads with marginal
land acquisition along the existing alignments provided it does not pass through ecologically sensitive areas such as National
Parks, Sanctuaries, Tiger Reserves, Reserve Forests
22. Tarred Roads in the Himalayas and or Forest areas.
23. Distilleries.
24. Raw Skins and Hides
25. Pulp, paper and newsprint.
26. Dyes.
27. Cement.
28. Foundries (individual)
29. Electroplating
30. Meta amino phenol
SCHEDULE-II
HRR/MSU/ES/905/U1/201112 113 OF 290
[See Sub-para I (a) of para 2]
Procedure for seeking environment clearance of projects.
1. (1) Any persons who desires to establish a thermal power plant of any category mentioned n Schedule-I, shall submit
an application to the Department of the State Government dealing with the subject of environment.
(2) The application shall be made in the Form ‘A’ specified in Schedule-II annexed to this notification and shall be
accompanied by a detailed project report which shall, inter alia, include an Environmental Impact Assessment Report and an
Environment Management plant prepared n accordance with the guidelines issued by the State Department of Environment from time
to time.
(3) Cases rejected due to submission of insufficient or inadequate data and Action Plans may be reviewed as and when
submitted with complete data and Action Plans. Submission of incomplete data for the second time would itself be a sufficient reason
for the State Government to reject the case summarily.
5) In case of the pit-head thermal power plants, the applicant shall intimate the location of the project site to the State Government
while initiating any investigation and surveys. The State Government will convey a decision regarding suitability or otherwise of the
proposed site within a maximum period of thirty days. The said site clearance will be granted for a sanctioned capacity and it will be
valid for a period of five years for commencing the construction or operation of the project.
3. (1) The applicant shall obtained No Objection Certificate from the concerned Pollution Control Board. The State
Pollution Control Board shall issue No Objection Certificate to establish only after completing public hearing as specified in Schedule-IV
annexed to this notification.
(2) The reports submitted with the application and No Objection Certificate from the State Pollution Control Board shall
be evaluated and assessed by the State Government, in consultation with a Committee of experts which shall be constituted by the
State Government as specified in Schedule-III appended to this notification.
(3) The said Committee of experts shall have full right of entry and inspection of the site or, as the case may be,
factory premises at any time prior to, during or after the commencement of the preparations relating to the plant.
(4) The State Government Department dealing with the subject of Environment shall prepare a set of
recommendations based on technical assessment of documents and data furnished by the applicant supplemented by data collected
during visits to sites, if undertaken and interaction with affected population and environment groups, if necessary.
(5) The assessment shall be completed within a period of ninety days from receipt of the requisite documents and data
from the applicant and decision conveyed within thirty days thereafter.
(6) the environmental clearance granted shall be valid for a period of five years from commencement of the
construction or operation of the project.
4. Concealing factual data or submission of false, misleading data reports, decisions of

recommendations would lead to the project being rejected. Approval, if granted, earlier on the basis of false data, can also be
revoked.
(FORM A)
APPLICATION FORM
1. (a) Name and Address of the project proposed :
(b) Location of the project:
Name of the Place:
District, Tehsil:
Latitude/Longitude:
Nearest Airport/Railway Station :
(c) Alternate sites examined and the reasons for selecting the proposed site:
(d) Does the site conform to stipulated land use as per local land use plan:
2. Objectives of the project:

3. (a) Land Requirement:
Agriculture Land:
Forest land and Density of vegetation.
Other (specify):
(b) (i) Land use in the Catchment within 10 kms radius of the proposed site:
(ii) Topography of the area indicating gradient, aspects and altitude:
(iii) Erodibility classification of the proposed land:
(c) Pollution sources existing in 10 km radius and their impact on quality of air, water and land:
(d) Distance of the nearest National Park/Sanctuary/Biosphere Reserve/Monuments/heritage site/Reserve Forest:
(e) Rehabilitation plan for quarries/borrow areas:
(f) Green belt plan:
(g) Compensatory afforestation plan:
4. Climate and Air Quality:
(a) Windrose at site:
(b) Max/Min/Mean annual temperature:
(c) Frequency of inversion:
(d) Frequency of cyclones/tornadoes/cloud burst:
(e) Ambient air quality data:
(f) Nature & concentration of emission of SPM, Gas (CO, CO 2, NOx, CHn etc.) from the project:
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5. Water balance:
(a) Water balance at site:
(b) Lean season water availability;
Water Requirement:
(c) Source to be tapped with competing users (River, Lake, Ground, Public supply):
(d) Water quality:
(e) Changes observed in quality and quantity of groundwater in the last years and present charging and extraction
details:
(f) (i) Quantum of waste water to be released with
treatment details:
(ii) Quantum of quality of water in the receiving body before and after disposal of solid wastes:
(iii) Quantum of waste water to be released on land and type of land:
(g) (i) Details of reservoir water quality with necessary Catchment Treatment Plan:
(ii) Command Area Development Plan:
6. Solid wastes:
(a) Nature and quantity of solid wastes generated
(b) Solid waste disposal method:
7. Noise and Vibrations:
a. Sources of Noise and Vibrations:
b. Ambient noise level:
c. Noise and Vibration control measures proposed:
d. Subsidence problem, if any, with control measures:
8. Power requirement indicating source of supply: Complete environmental details to be furnished separately, if captive power
unit proposed:
9. Peak labour force to be deployed giving details of:
o Endemic health problems in the area due to waste water/air/soil borne diseases:
o Health care system existing and proposed:
10. (a) Number of villages and population to be displaced:
(b) Rehabilitation Master Plan:
11. Risk Assessment Report and Disaster Management Plan:
12. (a) Environmental Impact Assessment
(b) Environment Management Plan:
(c)Detailed Feasibility Report:
(d) Duly filled in questionnaire
Report prepared as per guidelines issued by the Central Government in the MOEF from time to time:
13. Details of Environmental Management Cell:
I hereby give an undertaking that the data and information given above are due to the best of my knowledge and belief and I am
aware that if any part of the data/information submitted is found to be false or misleading at any stage, the project be rejected and
the clearance given, if any, to the project is likely to be revoked at our risk and cost.
Signature of the applicant
With name and full address
Given under the seal of Organisation

on behalf of Whom the applicant is signing.
Date:
Place:
In respect to item for which data are not required or is not available as per the declaration of project proponent, the project would be
considered on that basis.
SCHEDULE-III
[See Sub. Para(2), Para 3 of Schedule- II]
COMPOSITION OF THE EXPERT COMMITTEES FOR ENVIRONMENTAL IMPACT ASSESSMENT
1. The Committees will consist of experts in the following disciplines:

i. Eco-system Management
ii. Air/Water Pollution Control
iii. Water Resource Management
iv. Flora/Fauna conservation and management
v. Land Use Planning
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vi. Social Sciences/Rehabilitation
vii. Project Appraisal
viii. Ecology
ix. Environmental Health
x. Subject Area Specialists
xi. Representatives of NGOs/persons concerned with environmental issues.
2. The Chairman will be an outstanding and experienced ecologist or environmentalist or technical professional with wide
managerial experience in the relevant development sector.
3. The representative of Impact Assessment Agency will act as a Member-Secretary.
4. Chairman and Members will serve in their individual capacities except those specifically nominated as representatives.
5. The Membership of a Committee shall not exceed 15.
SCHEDULE IV
(See para 3, subparagraph (2) of Schedule- II)
PROCEDURE FOR PUBLIC HEARING
(1) Process of Public Hearing: - Whoever apply for environmental clearance of projects, shall submit to the concerned State
Pollution Control Board twenty sets of the following documents namely: -
i. An executive summary containing the salient features of the project both in English as well as the local language
along with Environmental Impact Assessment (EIA). However, for pipeline project, Environmental Impact
Assessment report will not be required. But Environmental Management Plan including risk mitigation measures is
required.
ii. Form XIII prescribed under Water (Prevention and Control of Pollution) Rules, 1975 where discharge of sewage,
trade effluents, treatment of water in any form, is required.
iii. Form I prescribed under Air (Prevention and Control of Pollution) Union Territory Rules, 1983 where discharge of
emissions are involved in any process, operation or industry.
iv. Any other information or document which is necessary in the opinion of the Board for their final disposal of the
application.
(2) Notice of Publics Hearing: -(i) The State Pollution Control Board shall cause a notice for environmental public hearing which
shall be published in at least two newspapers widely circulated in the region around the project, one of which shall be in the
vernacular language of the locality concerned. State Pollution Control Board shall mention the date, time and place of public hearing.
Suggestions, views, comments and objections of the public shall be invited within thirty days from the date of publication of the
notification.
(ii) All persons including bona fide residents, environmental groups and others located at the project site/sites of
displacement/sites likely to be affected can participate in the public hearing. They can also make oral/written suggestions to
the State Pollution Control Board.
Explanation: - For the purpose of the paragraph 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 like to be affected by the project and/or
functioning in the filed of environment;
d. any local authority within any part of whose local limits is within the neighbourhood wherein the project is
proposed to be located.
(3) Composition of public hearing panel: - The composition of Public Hearing Panel may consist of the following, namely: -
(i) Representative of State Pollution Control Board;
(ii) District Collector or his nominee;
(iii) Representative of State Government dealing with the subject;
(iv) Representative of Department of the State Government dealing with Environment;
(v) Not more than three representatives of the local bodies such as Municipalities or panchayats;
(vi) Not more than three senior citizens of the area nominated by the District Collector.
(4) Access to the Executive Summary and Environmental Impact Assessment report:- The concerned persons shall be
provided access to the Executive Summary and Environmental Impact Assessment report of the project at the following places,
namely:-
(i) District Collector Office;
(ii) District Industry Centre;
(iii) In the Office of the Chief Executive Officers of Zila Praishad or Commissioner of the Municipal Corporation/Local body as
the case may be;
(iv) In the head office of the concerned State Pollution Control Board and its concerned Regional Office;
(v) In the concerned Department of the State Government dealing with the subject of environment.
5. Time period for completion of public hearing:
The public hearing shall be completed within a period of 60 days from the date of receipt of complete documents as required
under paragraph 1.
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THE BIOMEDICAL WASTE (MANAGEMENT AND HANDLING) (AMENDMENT) RULES, 2003
NOTIFICATION
New Delhi, the 17th September, 2003.
S.O. 1069(E).- In exercise of the powers conferred by sections 6, 8 and 25 of the Environment ( Protection) Act, 1986 ( 29 of 1986),
the Central Government hereby makes the following rules further to amend the Bio-Medical Waste ( Management and Handling) Rules,
1998, namely:-
1. (1) These rules may be called the Bio-Medical Waste (Management and Handling) (Amendment)
Rules, 2003.
2. In rule 7 of the Bio-Medical Waste (Management and Handling) Rules, 1998 (hereinafter referred to as the said rules),-
(a) in sub-rule (1), for the opening words “The prescribed authority for enforcement”,the
words “Save as otherwise provide, the prescribed authority for enforcement” shall be substituted;
(b) after sub-rule (1), the following sub-rule shall be inserted, namely:-
“(1A). The prescribed authority for enforcement of the provisions of these rules in respect of all health
care establishments including hospitals, nursing homes, clinics, dispensaries, veterinary institutions, Animal houses,
pathological laboratories and blood banks of the Armed Forces under the Ministry of Defence shall be the Director
General, Armed Forces Medical Services.”.
3. In the said rules , existing rule 9 shall be re-numbered as sub-rule (1) thereof , and after sub-rule (1) as so re-
numbered, the following sub-rule shall be inserted , namely:-
“ (2) Notwithstanding anything contained in sub-rule ( 1) , the Ministry of Defence shall constitute in that Ministry,
an Advisory Committee consisting of the following in respect of all health care establishments including hospitals, nursing
homes, clinics, dispensaries, veterinary institutions, animal houses, pathological laboratories and blood banks of the Armed
Forces under the Ministry of Defence , to advise the Director General, Armed Forces Medical Services and the Ministry of
Defence in matters relating to implementation of these rules, namely:-
(1) Additional Director General of

Armed Forces Medical Services …….. Chairman
(2) A representative of the Ministry of

Defence not below the rank of Deputy
Secretary, to be nominated by that Ministry …….. Member
(3) A representative of the Ministry of Environment

and Forests not below the rank of Deputy Secretary
To be nominated by that Ministry. …….. Member
(4) A representative of the Indian Society of

Hospitals Waste Management, Pune …….. Member”
4. In the said rules, after rule 9, the following rule shall be inserted,
namely:-
“9A. Monitoring of implementation of the rules in Armed Forces Health Care Establishments.-
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(1) The Central Pollution Control Board shall monitor the implementation of these rules in respect of all the
Armed Forces
health care establishments under the Ministry of Defence.
(2) After giving prior notice to the Director General Armed Forces
Medical Services, the Central Pollution Control Board along with
one or more representatives of the Advisory Committee constituted
under sub-rule (2) of rule 9 may, if it considers it necessary, inspect
any Armed Forces health are establishments.”
5. In the said rules, existing rule 13 shall be re-numbered as sub-rule (1)

thereof; and-
(a) in sub-rule (1), as so re-numbered, for the opening portion, for

the words “ Any person” , the words, brackets and figure “ Save
as otherwise provided in sub-rule (2), any person ” shall be
substituted ;
(b) after sub-rule (1) as so re-numbered, the following sub-rule shall

be inserted, namely:-
“(2) Any person aggrieved by an order of the Director General, Armed

Forces Medical Services under these rules may, within thirty days
from the date on which the order is communicated to him prefer an
appeal to the Central Government in the Ministry of Environment and
Forests.”.
[F. No.23-2/96-HSMD]
Dr. V. RAJAGOPAL, Jt. Secy.
Note: The Principle rules were published in the Gazette of India vide tification number S.O. 630 (E) dated 20.7.98 and
subsequently amended vide-
(1) S.O.201 (E) dated 6.3.2000; and (2) S.O.545 (E) dated 2.6.2000.
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THE RECYCLED PLASTICS MANUFACTURE AND USAGE RULES, 1999
Gazette of India
Extraordinary
Part II, Section 3, Sub-section (ii) Published by Authority No. 540
New Delhi, Tuesday, June17, 2003

NOTIFICATION
New Delhi, the 17th June, 2003
S.O. 698 (E).- Whereas certain draft rules to amend the Recycled Plastics Manufacture and Usage Rules, 1999 made by the Central
Government in exercise of the powers conferred by clause (viii) of sub-section (2) of section 3 read section 25 of the Environment
(Protection) Act, 1986 (29 of 1986) were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii) vide S.
O. 685 (E) dated the 1st July, 2002, inviting objections and suggestions from all persons likely to be affected thereby within a period
of sixty days from the date of publication of the said draft;
And whereas copies of the Gazette containing the said draft rules were made available to the public 11 th July, 2002;
And whereas objections and suggestions received within the aforesaid period have been duly considered by the Central
Government;
Now, therefore, in exercise of the powers conferred by section 6 read with clause (viii) of sub-section (2) of section 3 and
section 25 of Environment (Protection) Act 1986, (29 of 1986) the Central Government hereby makes the following rules to amend
the Recycled Plastics Manufacture and Usage Rules, 1999, namely :-
1. (1) These rules may be called the Recycled Plastics Manufacture and Usage (Amendment) Rules, 2003.
2. In the Recycled Plastics Manufacture, and Usage Rules, 1999, (herein after referred to as the said rules), in rule 1, for sub-rule
(1), the following sub-rule shall be substituted, namely :-
“(1) These rules may be called the Plastics Manufacture, Sale and Usage Rules, 1999.”
3. For rule 2 of the said rules, the following rules shall be substituted, namely:-
“2. Application.– The provisions of rules 4 and 8 shall not apply to the manufacture of carry bags exclusively for export purpose,
against an order for export received by the owner or occupier of the concerned manufacturing unit;
3. Definitions – In these rules, unless the context otherwise requires, -
(a) “Act” means the Environment (Protection) Act, 1986 (29 of 1986);
(b) “carry bags” means plastic bags which have a self carrying feature commonly known as vest type bags or any other feature
used to carry commodities such as “D” punched bags; as illustrated in the Annexure to these rules;
(c) “commodities” includes articles such as vegetables, fruits, pharmaceuticals and the like;
(d) “container” means flexible or rigid containers made of virgin plastics or recycled plastics with or without lid used to store, carry
or dispense commodities;
(e) “food-stuffs” means ready to eat food articles and food products, fast food, processed or cooked food in liquid, powder, solid or
semi-solid form;
(f) “registration” means registration of units manufacturing carry-bags and containers made of virgin or recycled plastics with the
concerned State Pollution Control Board or Pollution Control Committee as the case may be;
(g) “vendor” means a person who sells food stuffs packed or stored in plastic carry bags or containers.”.
4. For rule 4 of the said rules, the following rule shall be substituted, namely: -
“ 4. Restriction on manufacture, sale, distribution and use of virgin and recycled plastic carry bags and recycled
plastic containers. -
(1)No person shall manufacture, stock, distribute or sell carry bags made of virgin or recycled plastic bags which are
less than 8 x 12 inches {20 x 30 cms} in size and which do not conform to the minimum thickness specified in rule 8.
(2)No vendor shall use carry bags made of recycled plastic for storing, carrying, dispensing or packaging of foodstuffs.
(3) No vendor shall use containers made of recycled plastics for storing, carrying, dispensing or packaging of foodstuffs”
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Explanation. - For the purposes of this rule, the minimum weight of 50 carry bags made of virgin or recycled plastics shall be 105
gms. plus or minus 5% variation and the carry bags of larger sizes shall be of proportionate increase in weight”
5. In rule 7 of the said rules, for the opening words “Manufacturers of”, the words and figures “Subject to the provision of rule 4
and 5, manufacturers of ” shall be substituted.
6. After rule 9 of the said rules, the following rule, annexure and forms shall be added, namely:-
“ 10. Grant of Registration for Manufactures - (1) Every occupier manufacturing carry bags or containers of
virgin plastic or recycled plastic or both shall make an application in Form 1 appended to these rules to the State
Pollution Control Board or Pollution Control Committee of the union territory concerned for grant of registration or
renewal of registration for his unit within four months from the date of publication of the Recycled Plastics
Manufacture and Usage (Amendments) Rules 2003 in the official gazette.
(2) On or after the commencement of the Recycled Plastics Manufacture and Usage (Amendments) Rules 2003, no
person shall manufacture carry bags or containers irrespective of its size or weight unless the occupier of the unit
has registered the unit with the State Pollution Control Board/ Pollution Control Committee prior to the
commencement of production;
(3) The State Pollution Control Board or Pollution Control Committee shall not issue and renew a registration certificate
of a unit unless that unit meets the norms prescribed under rules 5,6,7 and 8 of these rules and also possess a valid
consent under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and the Air (Prevention and
Control of Pollution) Act, 1981 (14 of 1981) as per the requirements laid down by the State Pollution Control Board
or Pollution Control Committee.
(4) Every State Pollution Control Board or State Pollution Control Committee shall grant registration within thirty days of
receipt of application complete in all respects.
(5) The registration granted under this rule shall, unless revoked suspended or cancelled earlier, be valid for a period of
three years.
(6) Every application for renewal of registration shall be made in the Form 1 appended to these rules at least sixty days
before the expiry of the validity of registration
ANNEXURE
[See rule 2 (b)]
Shape of bags
Figure I Figure II
FORM - I
[See rules 10(1) and 10(4)]
APPLICATION FOR REGISTRATION OF A UNIT FOR MANUFACTURE OF PLASTIC CARRY BAGS AND CONTAINERS
From: ..........................................
……………………………
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…………………………….(Name and full address of the occupier)
To
The Member Secretary,
.............………. Pollution Control Board/Pollution Control Committee
…………………………………….
…………………………………….
Sir,
I/We hereby apply for registration under rule 10 of the Plastics Manufacture, Sale and Usage Rules, 1999.
PART – A
GENERAL
1.(a) Name of the unit and location of activity
(b) Address of the unit
(c) Registration required for manufacturing of :

(i) Carry bag virgin
(ii) Carry bag recycled
(iii) Containers virgin
(iv) Container recycled
(d) Manufacturing capacity
(e) In case of renewal of Registration previous

Registration number and date
2.(a) Is the unit registered with DCSSI or

Department of Industries of the State
Government/Union Territory
Administration?
(b) If yes, attach a copy.
3.(a) Total capital invested on the project
(b) Year of commencement of production
4 (a) List and quantum of products and by-products
(b) List and quantum of raw materials used
5 Furnish a flow diagram of manufacturing

process showing input and output in terms of
products and waste generated including for
captive power generation and de-mineralized
water
6 Minimum sizes of carry bags to be

manufactured. (in any case it should not be less
than 8” x 12”)
7. Status of compliance with rules 5,6,7 and 8
PART – B
PERTAINING TO LIQUID EFFLUENT AND GASEOUS EMISSIONS
8. (a) Does the unit have a valid consent

under the Water (Prevention and
control of Pollution) Act, 1974 (6 of
1974)
If yes, attach a copy
(b) Does the unit have a valid consent

under the Air (Prevention and
Control of Pollution) Act, 1981 (14
of 1981)
If yes, attach a copy
PART – C
PERTAINING TO WASTE
9. Solid Wastes:
(a) Total quantum of generation
(b) Mode of storage within the plant
(c) Provision made for disposal
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Place : Signature
Date :
Designation
FORM II
[See rule 10(3)]
CERTIFICATE OF REGISTRATION FOR THE MANUFACTURE OF PLASTIC CARRY BAGS AND CONTAINERS
File No. :……….

Dated:…………..
To
…………..
…………..
…………….
Ref: Your application No………… dated……….seeking registration for manufacturing of carry bags and containers
The …………………State Pollution Control Board or Pollution Control Committee after examining the application, hereby certifies
that………………. (Name & Address of the Unit) has been registered as a unit manufacturing ………………
This certificate of registration shall be valid for a period of three years unless revoked or suspended.
The certificate is granted subject to the following conditions:
(i)
(ii)
(iii)
..
..
Date:
Place:
(Member Secretary)
State Pollution Control Board/
Pollution Control Committee
--------------------------------------------------------------------------------------------------------------
Note.- The principal rules were published in the Gazette of India vide S.O. 705 (E), dated, the 2nd September,1999.
[ F.No. 17-2/2001- HSMD ( Pt-1)]
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THE OZONE DEPLETING SUBSTANCES (REGULATION) RULES, 2000
Ozone Depleting Substances (Regulation) Rules, 2000 were published, under the notification of the Government of India in the
Ministry of Environment and Forests number S.O. 69(E), dated, the 25 th January, 2000, in the Gazette of India, Extra-ordinaty, Part
II, section3, sub-section(ii) at pages 39-96 on the same date, inviting objections and suggestions from all persons likely to be affected
thereby,before the expiry of the period of forty-five days from the date on which the copies of the Gazette containing the said
notification are made available to the public;
And whereas copies of the said Gazette were made available to the public on 26.01.2000;
And whereas the objections and suggestions received from the public in respect of the said draft rules have been duly considered by
the Central Government;
Now, therefore, in exercise of the powers conferred by sections 6,8 and 25 of the Environment (Protection) Act, 1986, the Central
Government hereby makes the following rules for regulating ozone depleting substances, namely :-
1.Short title and commencement.- (1) These rules may be called the Ozone Depleting Substances (Regulation and Control) Rules,
2000.
2.Definitions .- In these rules unless the context otherwise requires,-
(b)"authority" means an authority mentioned in columns (4 )and (6) of Schedule V;
(c)"base level' means the quantity of ozone depleting substance produced or consumed, as the case may be, in the year or average of
the years listed in column (3) of Schedule II and Schedule III;
(d)"consumption" with respect to any ozone depleting substance means the amount of that substance produced in India in addition to
the amount imported, less the amount exported;
(e)"calculated level of production, sale, import or export", as the case may be, means level determined by multiplying quantity of the
ozone depleting substance by its ozone depleting potential specified in column (5) of Schedule I;
(f)"calculated level of consumption" shall be determined by adding together calculated levels of production and imports and
subtracting calculated level of exports;
(g) "Group" means collection of one or more ozone depleting substances as specified in column (4) of Schedule I;
(h)"manufacture" in relation to any ozone depleting substance includes-
(i)any process or part of a process for making, altering, finishing, packing, labelling, blending or otherwise treating or any ozone
depleting substance with a view to sell, distribute or use but does not include the repacking or breaking up of any ozone depleting
substance in the ordinary course of retail business; and
(ii)any process in which a preparation containing ozone depleting substance is formulated;
(i)"ozone depleting substance" means the ozone depleting substances specified in column (2) of Schedule I, whether existing by itself
or in a mixture, excluding any such substance or mixture (blend) which is in a manufactured product other than a container used for
the transportation or storage of such substance;
a. "parties" means, unless the text otherwise indicates, parties to the protocol;
(k)"pre-shipment applications" are those treatments applied directly preceding and in relation to export, to meet the phytosanitary or
sanitary requirements of the importing country or existing phytosanitary or sanitary requirements of the exporting country;
a. "production" in relation to any ozone depleting substance means the manufacture of an ozone depleting substance
from any raw material or feedstock chemicals, but does not include-
(i) the manufacture of a substance that is used and entirely consumed (except for trace quantity) in the manufacture of other
chemicals; or
(ii) quantities which are produced incidentally in the manufacture of other chemical substances; or
(iii) quantities which are recycled or reused; or
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(iv) quantities which are destroyed by technologies to be specified by the Central Government;
(m) "protocol" means the Montreal Protocol On Substances That Deplete The Ozone Layer, adopted on 16th September 1987;
(n)"quarantine applications", with respect to Group VIII of Schedule I ozone depleting substance, are treatments to prevent the
introduction, establishment and or spread of quarantine pests (including diseases), or to ensure their control as specified by the
Central Government;
(o)"recovery" means collection and storage of ozone depleting substances from machinery, equipment, or containment vessel during
servicing or prior to disposal;
(p) "reclamation" means reprocessing and upgrading of a recovered ozone depleting substance through such methods as filtering,
drying, distillation and, or chemical treatment in order to restore the substance to a specified standard of performance.
(q)"schedule" means a schedule annexed to these rules.
3.Regulation of production and consumption of ozone depleting substances.- (1) No person shall produce
or cause to produce any ozone depleting substance after the date specified in column (5) of Schedule V unless he
is registered with the authority specified in column (4) of that Schedule :
Provided that for the twelve month period commencing on the date specified in column (6) of Schedule II, and in
each twelve month period thereafter, no person shall produce or cause to be produced any group of ozone
depleting substances in excess of the corresponding percentage of his calculated base level of production specified
in column (4) of that Schedule:
Provided further that calculated level of consumption of such substances in India shall, as a percentage of
calculated level of consumption in base years does not exceed the number specified in column (5) of Schedule II.
(2)No person shall produce or cause to produce ozone depleting substances specified as Group I and Group III in
column (4) of Schedule I during the period from 1, August, 2000 to 1 st January, 2010 in excess of the quantity
specified in column (4) of Schedule III and the calculated level of consumption of such substances in India shall as
a percentage of calculated level of consumption in base year does not exceed the number specified in column (5)
of that Schedule.
(3)A person having received financial assistance from the Multilateral Fund in accordance with article 10 and 10 A
of the protocol to which the Central Government is a party for gradual reduction of production of ozone depleting
substances specified as Group I and Group III in column (4) of Schedule I shall, limit the production of ozone
depleting substances as specified in Group I and Group III in column (4) of Schedule I in each year from 1 st
August, 2000 to January 1, 2010 to quantities specified in column (4) for each year given in column (6) of
Schedule III as per the agreement approved, by the Executive Committee of the Multilateral Fund.
(4)In order to implement the agreement, referred to in sub-rule (3), the Central Government shall introduce
implementation modalities, such as, quota system for producing Chloroflurocarbons and the non-compliance with
such modalities shall result in consequential penalties laid out in the agreement.
4.Prohibition on export to or import from countries not specified in Schedule VI.- No person shall import
or cause to import from or export or cause to export to any country not specified in Schedule VI any ozone
depleting substance after the commencement of these rules.
5. Ozone depleting substances are to be exported to or imported from countries specified in Schedule
VI under a licence.- (1) No person shall import or cause to import from or export or cause to export to, any
country specified in Schedule VI, any ozone depleting substance unless he obtains a licence issued by the
authority.
(2) No licence shall be issued under sub-rule (1) unless the said authority is satisfied that the grant of licence shall
not cause calculated level of consumption of that group of ozone depleting substances (except Group I and Group
III given in column (4) of schedule I in the relevant twelve month period, as a percentage of corresponding
calculated consumption in base years, to exceed the number specified in column (5) of Schedule II.
(3) No licence shall be issued under sub rule (1) unless the said authority is satisfied that the grant of licence shall
not cause calculated level of consumption of ozone depleting substance given in Group 1 and III in column (4) of
Schedule I in the relevant twelve months period as specified in column (6) of Schedule III, as a percentage of
calculated consumption in base years to exceed the number specified in column (5) of that Schedule.
(4) The calculated base level of consumption and the calculated base level of production for India as a whole for
each group of ozone depleting substances shall be notified by the Central Government.
6.Regulation of the sale of ozone depleting substances.- (1)No person shall either himself or by any other
person on his behalf or enterprise sell, stock or exhibit for sale or distribute any ozone depleting substance after
the date specified in column (5) of Schedule V unless he is registered with the authority specified in column (4) of
that Schedule
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Provided that no person or enterprise shall sell ozone depleting substances specified in column (3) of Schedule IV
for activities specified in column (2) of that Schedule unless the person engaged in that activity has got himself
registered with the authority and has given a declaration in accordance with these rules and the person selling
ozone depleting substances has verified particulars of the registration given in the declaration with the certificate of
registration as per procedure specified in Part II of Schedule XII :
Provided further that after the date specified in column (4) of Schedule IV, no person or enterprise shall
sell, stock, distribute or exhibit or cause to be sold, stocked, distributed or exhibited ozone depleting
substances specified in column (3) for activities specified in column (2) of that Schedule.
(2)No person shall either himself or by any person on his behalf, or enterprise sell, stock or exhibit for
sale or distribute any ozone depleting substance to any person or enterprise who has informed the
Central Government that he or that enterprise shall not use the specified ozone depleting substances in
manufacturing or other activities after the date specified by such person or as the case may be, the
enterprise.
(3)The Central Government shall notify the list of persons, ozone depleting substances and dates
informed to it under sub-rule (2).
7.Regulation on the purchase of ozone depleting substances.- No person shall either himself or by
any person on his behalf or enterprise, purchase ozone depleting substances specified in column (3) of
Schedule IV from any person for making stock or for using such ozone depleting substances for activities
specified in column (2) of that Schedule unless he has given the declaration specified in Part I of
Schedule XII to the seller of such substances within the time period specified in Serial number 4 of
column (5) of Schedule V.
8. Regulation on the use of ozone depleting substance.- (1)No person or enterprise shall engage in
any activity specified in column (2) of Schedule IV that uses ozone depleting substances specified in
column (3) of that Schedule after the date specified in column (5) of Schedule V unless he is registered
with the authority specified in column (4) of that Schedule.
(2)No person shall engage in any activity specified in column (2) of Schedule IV using ozone depleting
substances specified in column (3) of that Schedule after the date specified in column (5) of Schedule V
unless the products are labelled to indicate the ozone depleting substance they contain.
(3)No person shall engage in any activity specified in column (2) of Schedule IV using ozone depleting
substances specified in column (3) after the date specified in column (4) of that Schedule
(4)No person shall engage in any activity specified in column (2) of Schedule IV without using label indicating
absence of use of ozone depleting substance mentioned in column (3) after the date specified in column (4) of that
Schedule.
(5)A person, having received financial and technical assistance from the Multilateral Fund in accordance with the
Article 10 and 10 A of the Montreal Protocol On Substances That Deplete The Ozone Layer, to which the Central
Government is a Party for phasing out of ozone depleting substances specified in column (2) of Schedule II used in
activities specified in column (2) of Schedule IV, either himself or by any person on his behalf or through any
enterprise, shall not engage in such activity as specified in column (2) of Schedule IV using ozone depleting
substances specified in column (3) of the Schedule, after the date of completion of the conversion work or signing
of the Handing Over Protocol, or the submission of the completion report to change from ozone depleting
substance technology to non ozone depleting substance technology and the said date be registered with the
authority specified in column (4) of the Schedule V.
(6)Any person or enterprise having received, financial assistance from the Multilateral Fund in accordance
with the Article 10 and 10 A of the Montreal Protocol On Substances That Deplete The Ozone Layer shall
submit an affidavit or declaration with the authority specified in column (4) of Schedule V stating that
replaced equipment, resulted from completion of conversion process from ozone depleting substance
technology to non ozone depleting substance technology, have been destroyed,dismantled, rendered
unusable and that no ozone depleting substance should be used after the date of the completion of
project and the said date be registered with the authority specified in the column (4) of the Schedule V
9.Prohibition on new investments with ozone depleting substances.- (1) No person shall establish
or expand or cause to establish or expand any manufacturing facility for production of any ozone
depleting substance after the date specified in column (7) of Schedule II and III.
(2) No person shall establish or expand or cause to establish or expand any manufacturing facility, with a
view to manufacturing products which contain, or are made with, any ozone depleting substance after the
date specified in column (8) of Schedule II & III.
(3) A person having received financial and technical assistance from the Multilateral Fund in accordance
with the Article 10 and 10A of the Montreal Protocol On Substances That Deplete The Ozone Layer for
phasing out of ozone depleting substances specified in column (2) of Schedule II used in activities
specified in column (2) of Schedule IV to which the Central Government is a Party, shall not establish or
expand
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or cause to establish or expand the manufacturing facility for production of any ozone depleting
substance or with a view to manufacturing products which contain or are made with any ozone depleting
substances after the approval of the project for conversion and date of completion of the conversion work
from the ozone depleting substance technology to non ozone depleting substance technology.
10. Regulation of import, export and sale of products made with or containing ozone depleting
substances.- (1) No person shall import or cause to import any product specified in column (2) of
Schedule VII which are made with or contain ozone depleting substances specified in column (3) after the
date specified in column (4) of that Schedule unless he obtains a license issued by the authority:
Provided that such products which do not contain such ozone depleting substances shall carry a label to
that effect before its import is allowed after the date specified in Column 4 of Schedule VII.
(2) No person or enterprise shall export or cause to export any product specified in column (2) of
Schedule VII unless such product carries a label specifying whether or not the product has been made
with or contains, as the case may be, ozone depleting substances specified in column (3) of that
Schedule, after the date specified in column (5) of that Schedule.
(3) No person shall either himself or by any other person or enterprise on his behalf sell, stock or exhibit
for sale or distribute any product resulting out of activities, or provide services, specified in column (2) of
Schedule IV using ozone depleting substances specified in column (3) after the date specified in column
(4) of that Schedule.
11.Regulation on reclamation and destruction of ozone depleting substances.- (1) No person

shall reclaim or cause to reclaim any ozone depleting substance after the date specified in column (5) of
Schedule V unless he has registered with the authority specified in column (4) of that Schedule.
(2) No person shall destroy or cause to destroy any ozone depleting substance after the date specified in
column (5) of Schedule V unless he has registered with the authority specified in column (4) of that
Schedule.
12.Regulation on manufacture, import and export of compressors.- (1) No person shall

manufacture, import or export compressors after the date specified in column (5) of Schedule V unless he
is registered with the authority specified in column (4) of that Schedule.
13.Procedure for registration, cancellation of registration and appeal against such orders.- (1)
The procedure for registration and conditions of registration under various provisions of these rules shall
be as specified in Schedule IX.
(2) The registering authority shall not register if he is not satisfied that the procedure for registration or
conditions of registration are fulfilled.
(3) The registering authority shall cancel the registration if he is satisfied that condition(s) of registration
have been violated.
(4) The registering authority shall give the concerned person an opportunity of being heard before
passing orders under sub-rules (2) and (3) and the orders shall be made in writing.
(5) An appeal against an order of the registering authority shall lie with the authority specified in column
(6) of Schedule V within thirty days of communication of such order.
(6) The registration shall be valid for the period specified in Schedule IX and its renewal shall be
necessary.
(7) The procedure for and conditions of renewal of registration shall be the same as applicable to
registration.
14.Monitoring and reporting requirements.- (1) Every person who produces, imports, exports or sells
any ozone depleting substance shall maintain records and file reports in the manner specified in Part I of
Schedule X.
(2) Every person stocking or purchasing any ozone depleting substance for use in activities specified in
column (2) of Schedule IV shall maintain records and file reports in the manner specified in Part II of
Schedule X.
(3) Every person who has received technical or financial assistance from any international organisation or
any financial assistance, which includes concession or exemption from payment of duties, from the
Central Government, shall maintain records and file reports in the manner specified in Part III of
Schedule X and the list of such persons shall be notified by the Central Government.
(4) Every person who has facility to reclaim an ozone depleting substance shall maintain records and file
reports in the manner specified in Part IV of Schedule X.
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(5) Every person who has facility to destroy any ozone depleting substance shall maintain records and file
reports in the manner specified in Part V of Schedule X.
(6) Every person who manufactures, imports, exports or sells compressors shall maintain records and file
reports in the manner specified in Part VI of Schedule X.
(7) The records maintained in accordance with the above sub-rules shall be made available for inspection
as specified in Part VII of Schedule X.
15.Exemption.- (1) Nothing contained in these rules shall apply to applications or circumstances specified in
Schedule VIII.
SCHEDULE - I : List of Ozone Depleting Substances

SCHEDULE - II : Regulation on production and consumption of group of ozone depleting substances
SCHEDULE - III : Regulation on production and consumption of Group I & Group III ozone depleting substances
Specified in column (4) of Schedule I.
SCHEDULE - IV : Regulation on consumption of ozone depleting substances on end use basis
SCHEDULE - V : List of authorities , their functions and last date for registration
SCHEDULE - VI : List of countries which are party to the 1987 Montreal Protocol
SCHEDULE - VII : Regulation on import and export products containing ozone depleting substances
SCHEDULE - VIII : Exemption
SCHEDULE - IX : Procedure for Registration
SCHEDULE - X : Records to be maintained and Reports to be submitted
SCHEDULE - XI : Report on production of ozone depleting substances
SCHEDULE - XII : End-use declaration
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THE RECYCLED P
S. 0. 705 (F-).-Whereas draft rules in exercise of the powers conferred by clause (viii) of sub section (2) of section 3 read with section
25 of the Environment (Protection) Act, 1986 (29 of 1986) was published in the Gazette vide S.O. 980 (E) dated 20 th November, 1998
entitled Recycled Plastics Usage Rules, 1998 inviting objections from the public within 60 days from the date of the publication of the
said notification and whereas all objections received were duly considered;
Now, therefore, in exercise of the powers conferred by clause (viii) of sub-section (2) of section 3 read with section 25 of the
Environment (Protect 1 on) Act. 1986, the Central Government hereby notifies the rules for the manufacture and use of recycled
plastics carry bags and containers;
1 Short title and commencement:
(a) These rules may be called the Recycled Plastics Manufacture and Usage Rules. 1999.
(b) They, shall come into force on the date of their publication in the Official Gazette.
2. Definitions:- In these rules unless the context requires,
(a) "Act" means the Environment (Protection) Act, 1986:
(b) "Foodstuffs" means ready-to-eat food and food products. fast food, processed and cooked food in liquid, powder, solid or
semi-solid form:
(c) "Vendor" means person who sells foodstuffs as defined above packaged and stored in plastic carry bags and containers.
3. Prescribed Authority, --
(a) The prescribed authority for enforcement of the provisions of these rules related to manufacture and recycling shall be
the State Pollution Control Boards in respect of States and the Pollution Control Committees in respect of Union Territories;
(b) The prescribed authority for enforcement of the provisions of these rules related to the use, collection, segregation,
transportation and disposal shall be the District Collector/Deputy Commissioner of the concerned district where no Such
Authority has been constituted by the State Government/Union Territory administration under any law regarding non-
biodegradable garbage.
4. Prohibition of usage of carry bags -or containers made of recycled plastics, -- No vendor shall use carry bags or containers
made of recycled plastics for storing, carrying, dispensing, or packaging of foodstuffs.
5. Conditions of Manufacture of carry bags and containers, made of plastics,-- Subject to the provisions of rule 4, any person
may manufacture carry bags or containers made of plastics if the following conditions are satisfied, namely-.
(a) Carry bags and containers made of virgin plastic shall be in natural shade or white;
(b) Carry bags and containers made of recycled plastic and used for purposes other than storing and packaging foodstuffs
shall be manufactured using pigments colourants as per IS:9833:1981 entitled "List of pigments and colourants for use in
plastics in contact with foodstuffs, pharmaceuticals and drinking water".
6. Recycling,-- Recycling of plastics shall be undertaken strictly in accordance with the Bureau of Indian Standards specification: IS
14534: 1998 entitled "The Guidelines for Recycling of Plastics".
7. Marking/codification,-- N4anufacturers of recycled plastic carry bags having printing facilities shall code/mark carry bags and
containers as per Bureau of Indian Standard Specification: IS 14534: 1998 entitled "The Guidelines for Recycling of Plastics" and the
end product made out of recycled plastics shall be marked as "recycled" along with the indication of 1e percentage of use of recycled
material. Other manufacturers, who do riot have printing facilities, shall comply with the condition within one year of publication of
these rules. Manufacturers shall print on each packet of carry bags as to whether these are made of "recycled material" or of "virgin
plastic".
8. Thickness of Carry bags,-- The minimum thickness of carry bags made of virgin plastics or recycled plastics shall not be less
than 20 microns.
9. Self regulation by certain persons,-- Without prejudice to the provisions contained in rule 3, the Plastics Industry Association,
through their member units, shall undertake self-regulatory measures.
[File No. 15(4)/96-HSMD]
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S.O. 630 (E).-Whereas a notification in exercise of the powers conferred by Sections 6, 8 and 25 of the Environment (Protection) Act,
1986 (29 of 1986) was published in the Gazette vide S.O. 746 (E) dated 16 October, 1997 inviting objections from the public within
60 days from the date of the publication of the said notification on the Bio-Medical Waste (Management and Handling) Rules, 1998
and whereas all objections received were duly considered..
Now, therefore, in exercise of the powers conferred by section 6, 8 and 25 of the Environment (Protection) Act, 1986 the Central
Government hereby notifies the rules for the management and handling of bio-medical waste.
1. SHORT TITLE AND COMMENCEMENT:
(1) These rules may be called the Bio-Medical Waste (Management and Handling) Rules, 1998.
APPLICATION:
These rules apply to all persons who generate, collect, receive, store, transport, treat, dispose, or handle bio medical waste in any
form.
3. DEFINITIONS: In these rules unless the context otherwise requires
(1) "Act" means the Environment (Protection) Act, 1986 (29 of 1986);
(2) "Animal House" means a place where animals are reared/kept for experiments or testing purposes;
(3) "Authorisation" means permission granted by the prescribed authority for the generation, collection, reception,
storage, transportation, treatment, disposal and/or any other form of handling of bio-medical waste in accordance with
these rules and any guidelines issued by the Central Government.
(4) "Authorised person" means an occupier or operator authorised by the prescribed authority to generate, collect,
receive, store, transport, treat, dispose and/or handle bio-medical waste in accordance with these rules and any guidelines
issued by the Central Government;
(5) "Bio-medical waste" means any waste, which is generated during the diagnosis, treatment or immunisation of human
beings or animals or in research activities pertaining thereto or in the production or testing of biologicals, and including
categories mentioned in Schedule I;
(6) "Biologicals" means any preparation made from organisms or micro-organisms or product of metabolism and
biochemical reactions intended for use in the diagnosis, immunisation or the treatment of human beings or animals or in
research activities pertaining thereto;
(7) "Bio-medical waste treatment facility" means any facility wherein treatment. disposal of bio-medical waste or
processes incidental to such treatment or disposal is carried out;
(8) "Occupier" in relation to any institution generating bio-medical waste, which includes a hospital, nursing home, clinic
dispensary, veterinary institution, animal house, pathological laboratory, blood bank by whatever name called, means a
person who has control over that institution and/or its premises;
(9) "Operator of a bio-medical waste facility" means a person who owns or controls or operates a facility for the
collection, reception, storage, transport, treatment, disposal or any other form of handling of bio-medical waste;
(10) "Schedule" means schedule appended to these rules;
4. DUTY OF OCCUPIER:
It shall be the duty of every occupier of an institution generating bio-medical waste which includes a hospital, nursing home, clinic,
dispensary, veterinary institution, animal house, pathological laboratory, blood bank by whatever name called to take all steps to
ensure that such waste is handled without any adverse effect to human health and the environment.
5. TREATMENT AND DISPOSAL
(1) Bio-medical waste shall be treated and disposed of in accordance with Schedule I, and in compliance with the standards
prescribed in Schedule V.
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(2) Every occupier, where required, shall set up in accordance with the time-schedule in Schedule VI, requisite bio-medical
waste treatment facilities like incinerator, autoclave, microwave system for the treatment of waste, or, ensure requisite
treatment of waste at a common waste treatment facility or any other waste treatment facility.
6. SEGREGATION, PACKAGING, TRANSPORTATION AND STORAGE
(1) Bio-medical waste shall not be mixed with other wastes.
(2) Bio-medical waste shall be segregated into containers/bags at the point of generation in accordance with Schedule II
prior to its storage, transportation, treatment and disposal. The containers shall be labeled according to Schedule III.
(3) If a container is transported from the premises where bio-medical waste is generated to any waste treatment facility
outside the premises, the container shall, apart from the label prescribed in Schedule III, also carry information prescribed
in Schedule IV.
(4) Notwithstanding anything contained in the Motor Vehicles Act, 1988, or rules thereunder, untreated biomedical waste
shall be transported only in such vehicle as may be authorised for the purpose by the competent authority as specified by
the government.
(5) No untreated bio-medical waste shall be kept stored beyond a period of 48 hours
Provided that if for any reason it becomes necessary to store the waste beyond such period, the authorised person must
take permission of the prescribed authority and take measures to ensure that the waste does not adversely affect human
health and the environment.
7. PRESCRIBED AUTHORITY
(1) The Government of every State and Union Territory shall establish a prescribed authority with such members as may be
specified for granting authorisation and implementing these rules. If the prescribed authority comprises of more than one
member, a chairperson for the authority shall be designated.
(2) The prescribed authority for the State or Union Territory shall be appointed within one month of the coming into force of
these rules.
(3) The prescribed authority shall function under the supervision and control of the respective Government of the State or
Union Territory.
(4) The prescribed authority shall on receipt of Form 1 make such enquiry as it deems fit and if it is satisfied that the
applicant possesses the necessary capacity to handle bio-medical waste in accordance with these rules, grant or renew an
authorisation as the case may be.
(5) An authorisation shall be granted for a period of three years, including an initial trial period of one year from the date of
issue. Thereafter, an application shall be made by the occupier/operator for renewal. All such subsequent authorisation shall
be for a period of three years. A provisional authorisation will be granted for the trial period, to enable the occupier/operator
to demonstrate the capacity of the facility.
(6) The prescribed authority may after giving reasonable opportunity of being heard to the applicant and for reasons thereof
to be recorded in writing, refuse to grant or renew authorisation.
(7) Every application for authorisation shall be disposed of by the prescribed authority within ninety days from the date of
receipt of the application.
(8) The prescribed authority may cancel or suspend an authorisation, if for reasons, to be recorded in writing, the
occupier/operator has failed to comply with any provision of the Act or these rules :
Provided that no authorisation shall be cancelled or suspended without giving a reasonable opportunity to the
occupier/operator of being heard.
8. AUTHORISATION
(1) Every occupier of an institution generating, collecting, receiving, storing, transporting, treating, disposing and/or
handling bio-medical waste in any other manner, except such occupier of clinics, dispensaries, pathological laboratories,
blood banks providing treatment/service to less than 1000 (one thousand) patients per month, shall make an application in
Form 1 to the prescribed authority for grant of authorisation.
(2) Every operator of a bio-medical waste facility shall make an application in Form 1 to the prescribed authority for grant of
authorisation.
(3) Every application in Form 1 for grant of authorisation shall be accompanied by a fee as may be prescribed by the
Government of the State or Union Territory.
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9. ADVISORY COMMITTEE
The Government of every State/Union Territory shall constitute an advisory committee. The committee will include experts
in the field of medical and health, animal husbandry and veterinary sciences, environmental management, municipal
administration, and any other related department or organisation including non-governmental organisations. The State
Pollution Control Board/Pollution Control Committee shall be represented. As and when required, the committee shall advise
the Government of the State/Union Territory and the prescribed authority about matters related to the implementation of
these rules.
10. ANNUAL REPORT
Every occupier/operator shall submit an annual report to the prescribed authority in Form 11 by 31 January every year, to
include information about the categories and quantities of bio-medical wastes handled during the preceding year. The
prescribed authority shall send this information in a compiled form to the Central Pollution Control Board by 31 March every
year.
11. MAINTENANCE OF RECORDS
(1) Every authorised person shall maintain records related to the generation, collect ' ion, reception, storage, transporation,
treatment, disposal and/or any form of handling of bio-medical waste in accordance with these rules and any guidelines
issued.
(2) All records shall be subject to inspection and verification by the prescribed authority at any time.
12. ACCIDENT REPORTING
When any accident occurs at any institution or facility or any other site where bio-medical waste is handled or during
transportation of such waste, the authorised person shall report the accident in Form Ill to the prescribed authority
forthwith.
13. APPEAL
Any person aggrieved by an order made by the prescribed authority under these rules may, within thirty days from the date
on which the order is communicated to him, prefer an appeal to such authority as the Government of State/Union Territory
may think fit to constitute :
Provided that the authority may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the
appellant was prevented by sufficient cause from filing the appeal in time.
SCHEDULE I
(See Rule 5)
CATEGORIES OF BIO-MEDICAL WASTE
------------------------------------------------------------------------------------------------------------------------
Option Waste Category
Treatment & Disposal
------------------------------------------------------------------------------------------------------------------------
Category No. I Human Anatomical Waste
(human tissues, organs, body parts)
incineration@/deep burial*
Category No. 2 Animal Waste

(animal tissues, organs, body parts carcasses, bleeding parts, fluid, incineration@/deep burial*
blood and experimental animals used in research, waste generated
by veterinary hospitals colleges, discharge from hospitals, animal
houses)
Category No 3 Microbiology & Biotechnology Waste

(wastes from laboratory cultures, stocks or specimens of micro- local autoclaving/micro-
organisms live or attenuated vaccines, human and animal cell waving/incineration@
culture used in research and infectious agents from research
and industrial laboratories, wastes from production of biologicals,
toxins, dishes and devices used for transfer of cultures)
Category No 4 Waste sharps

(needles, syringes, scalpels, blades, glass, etc. that may cause disinfection (chemical treat-
puncture and cuts. This includes both used and unused sharps) ment@01/auto
claving/micro-
waving and mutilation/
shredding"
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Category No 5 Discarded Medicines and Cytotoxic drugs

(wastes comprising of outdated, contaminated and discarded inc ineratio n@/destruct
ion and
medicines) drugs
disposal in secured
landfills
Category No 6 Solid Waste

(Items contaminated with blood, and body fluids including cotton,
dressings, soiled plaster casts, lines, beddings, other material incineration@
contaminated with blood)
autoclaving/microwaving
Category No. 7 Solid Waste

(wastes generated from disposable items other than the waste shaprs disinfection by chemical
such as tubings, catheters, intravenous sets etc). treatment@@
autoclaving/
microwaving and mutilation/
shredding##
Category No. 8 Liquid Waste

(waste generated from laboratory and washing, cleaning, house- disinfection by chemical
keeping and disinfecting activities) treatment@@ and
discharge
into drains.
Category No. 9 Incineration Ash

(ash from incineration of any bio-medical waste) disposal in municipal
landfill
Category No. 10 Chemical Waste

(chemicals used in production of biologicals, chemicals used in chemical treatment@@
and
disinfection, as insecticides, etc.) discharge into drains for
liquids and secured landfill
for solids
------------------------------------------------------------------------------------------------------------------------
@@ Chemicals treatment using at least 1% hypochlorite solution or any other equivalent chemical reagent. It must be ensured that
chemical treatment ensures disinfection.
## Multilation/shredding must be such so as to prevent unauthorised reuse.
@ There will be no chemical pretreatment before incineration. Chlorinated plastics shall not be incinerated.
* Deep burial shall be an option available only in towns with population less than five lakhs and in rural areas.
SCHEDULE II
(see Rule 6)
COLOUR CODING AND TYPE OF CONTAINER FOR DISPOSAL OF BIO-

MEDICAL WASTES
Treatment options as per

Colour Conding Type of Container -I Waste Category
Schedule I
Plastic bag Cat. 1, Cat. 2, and Cat. 3,

Yellow Incineration/deep burial
Cat. 6.
Autoclaving/Microwaving/
Red Disinfected container/plastic bag Cat. 3, Cat. 6, Cat.7.
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Chemical Treatment
Blue/White Plastic bag/puncture proof Cat. 4, Cat. 7. Autoclaving/Microwaving/
translucent Container Chemical Treatment and
destruction/shredding
Plastic bag Cat. 5 and Cat. 9 and

Black Disposal in secured landfill
Cat. 10. (solid)
Notes:
1. Colour coding of waste categories with multiple treatment options as defined in Schedule I, shall be selected depending on
treatment option chosen, which shall be as specified in Schedule I.
2. Waste collection bags for waste types needing incineration shall not be made of chlorinated plastics.
3. Categories 8 and 10 (liquid) do not require containers/bags.
4. Category 3 if disinfected locally need not be put in containers/bags.
SCHEDULE III
(see Rule 6)
LABEL FOR BIO-MEDICAL WASTE CONTAINERS/BAGS
HANDLE WITH CARE
Note : Lable shall be non-washable and prominently visible.
SCHEDULE IV
(see Rule 6)
LABEL FOR TRANSPORT OF BIO-MEDICAL WASTE CONTAINERS/BAGS
Day ............ Month ..............

Year ...........
Date of generation ...................
Waste category No ........

Waste class
Waste description
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Sender's Name & Address Receiver's Name & Address
Phone No ........ Phone No ...............
Telex No .... Telex No ...............
Fax No ............... Fax No .................
Contact Person ........ Contact Person .........
In case of emergency please contact
Name & Address :
Phone No.
Note :
Label shall be non-washable and prominently visible.
SCHEDULE V
(see Rule 5 and Schedule 1)
STANDARDS FOR TREATMENT AND DISPOSAL OF BIO-MEDICAL WASTES
STANDARDS FOR INCINERATORS:
All incinerators shall meet the following operating and emission standards
A. Operating Standards
1. Combustion efficiency (CE) shall be at least 99.00%.
2. The Combustion efficiency is computed as follows:
%C02
C.E. = ------------ X 100
%C02 + % CO
3. The temperature of the primary chamber shall be 800 � 50 deg. C�.
4. The secondary chamber gas residence time shall be at least I (one) second at 1050 � 50 C�, with minimum 3% Oxygen
in the stack gas.
B. Emission Standards
Parameters Concentration mg/Nm3 at (12% CO2 correction)
(1) Particulate matter 150

(2) Nitrogen Oxides 450
(3) HCI 50
(4) Minimum stack height shall be 30 metres above ground
(5) Volatile organic compounds in ash shall not be more than 0.01%
Note :
� Suitably designed pollution control devices should be installed/retrofitted with the incinerator to achieve the above
emission limits, if necessary.
� Wastes to be incinerated shall not be chemically treated with any chlorinated disinfectants.
� Chlorinated plastics shall not be incinerated.
� Toxic metals in incineration ash shall be limited within the regulatory quantities as defined under the Hazardous Waste
(Management and Handling Rules,) 1989.
� Only low sulphur fuel like L.D.0dLS.H.S.1Diesel shall be used as fuel in the incinerator.
STANDARDS FOR WASTE AUTOCLAVING:
The autoclave should be dedicated for the purposes of disinfecting and treating bio-medical waste,
(I) When operating a gravity flow autoclave, medical waste shall be subjected to :
(i) a temperature of not less than 121 C' and pressure of 15 pounds per square inch (psi) for an autoclave
residence time of not less than 60 minutes; or
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(ii) a temperature of not less than 135 C� and a pressure of 31 psi for an autoclave residence time of not less than
45 minutes; or
(iii) a temperature of not less than 149 C� and a pressure of 52 psi for an autoclave residence time of not less
than 30 minutes.
(II) When operating a vacuum autoclave, medical waste shall be subjected to a minimum of one pre-vacuum pulse to purge
the autoclave of all air. The waste shall be subjected to the following:
(i) a temperature of not less than 121 C� and pressure of 15 psi per an autoclave residence time of not less than
45 minutes; or
(ii) a temperature of not less than 135 C� and a pressure of 31 psi for an autoclave residence time of not less than
30 minutes;
(III) Medical waste shall not be considered properly treated unless the time, temperature and pressure indicators indicate
that the required time, temperature and pressure were reached during the autoclave process. If for any reasons, time
temperature or pressure indicator indicates that the required temperature, pressure or residence time was not reached, the
entire load of medical waste must be autoclaved again until the proper temperature, pressure and residence time were
achieved.
(IV) Recording of operational parameters
Each autoclave shall have graphic or computer recording devices which will automatically and continuously monitor and
record dates, time of day, load identification number and operating parameters throughout the entire length of the autoclave
cycle.
(V) Validation test
Spore testing :
The autoclave should completely and consistently kill the approved biological indicator at the maximum design capacity of
each autoclave unit. Biological indicator for autoclave shall be Bacillus stearothermophilus spores using vials or spore Strips;
with at least 1X104 spores per millilitre. Under no circumstances will an autoclave have minimum operating parameters less
than a residence time of 30 minutes, regardless of temperature and pressure, a temperature less than 121 C� or a pressure
less than 15 psi.
(VI) Routine Test
A chemical indicator strip/tape the changes colour when a certain temperature is reached can be used to verify that a
specific temperature has been achieved. It may be necessary to use more than one strip over the waste package at different
location to ensure that the inner content of the package has been adequately autoclaved
STANDARD FOR LIQUID WASTE:
The effluent generated from the hospital should conform to the following limits
PARAMETERS PERMISSIBLE LIMITS
PH 63-9.0
Susponded solids 100 mg/l
Oil and grease 10 mg/l
BOD 30 mg/l
COD 250 mg/l
Bio-assay test 90% survival of fish after 96 hours in 100% effluent.
these limits are applicable to those, hospitals which are either connected with sewers without terminal sewage treatment
plant or not connected to public sewers. For discharge into public sewers with terminal facilities, the general standards as
notified under the Environment (Protection) Act, 1986 shall be applicable.
STANDARDS OF MICROWAVING
1 Microwave treatment shall not be used for cytotoxic, hazardous or radioactive wastes, contaminated animal car casses,
body parts and large metal items.
2. The microwave system shall comply with the efficacy test/routine tests and a performance guarantee may be provided by
the supplier before operation of the limit.
3. The microwave should completely and consistently kill the bacteria and other pathogenic organisms that is ensured by
approved biological indicator at the maximum design capacity of each microwave unit. Biological indicators for microwave
shall be Bacillus Subtilis spores using vials or spore strips with at least 1 x 101 spores per milliliter.
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STANDARDS FOR DEEP BURIAL
1. A pit or trench should he dug about 2 meters deep. It should be half filled with waste, then covered with lime within 50
cm of the surface, before filling the rest of the pit with soil.
2. It must be ensured that animals do not have any access to burial sites. Covers of galvanised iron/wire meshes may be
used.
3. On each occasion, when wastes are added to the pit, a layer of 10 em of soil shall be added to cover the wastes.
4. Burial must be performed under close and dedicated supervision.
5. The deep burial site should be relatively impermeable and no shallow well should be close to the site.
6. The pits should be distant from habitation, and sited so as to ensure that no contamination occurs of any surface water or
ground water. The area should not be prone to flooding or erosion.
7. The location of the deep burial site will be authorised by the prescribed authority.
8. The institution shall maintain a record of all pits for deep burial.
SCHEDULE VI
(see Rule 5)
SCHEDULE FOR WASTE TREATMENT FACILITIES LIKE INCINERATOR/ AUTOCLAVE/ MICROWAVE SYSTEM
---------------------------------------------------------------------------------------------------------------------------
A Hospitals and nursing homes in towns with population of 30 lakhs by 31st December, 1999 or earlier
and above
B. Hospitals and nursing homes in towns with population of below
30 lakhs,
(a) with 500 beds and above by 31st
December, 1999 or earlier
(b) with 200 beds and above but less than 500 beds by 31st December, 2000
or earlier
(c) with 50 beds and above but less than 200 beds by 31st December, 2001
or earlier
(d) with less than 50 beds by 31st
December, 2002 or earlier
C. All other institutions generating bio-medical waste not included by 31st December, 2002 or earlier
in A and B above
---------------------------------------------------------------------------------------------------------------------------
FORM I
(see rule 8)
APPLICATION FOR AUTHORISATION
(To be submitted in duplicate.)
To
The Prescribed Authority

(Name of the State Govt/UT Administration)
Address.
1. Particulars of Applicant
(i) Name of the Applicant
(In block letters & in full)
(ii) Name of the Institution:
Address:
Tele No., Fax No. Telex No.
2. Activity for which authorisation is sought:
(i) Generation
(ii) Collection
(iii) Reception
(iv) Storage
(v) Transportation
(vi) Treatment
(vii) Disposal
(viii) Any other form of handling
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3. Please state whether applying for resh authorisation or for renewal:
(In case of renewal previous authorisation-number and date)
4.
(i) Address of the institution handling bio-medical wastes:
(ii) Address of the place of the treatment facility:
(iii) Address of the place of disposal of the waste:
5.
(i) Mode of transportation (in any) of bio-medical waste:
(ii) Mode(s) of treatment:
6. Brief description of method of treatment and disposal (attach details):
7.
(i) Category (see Schedule 1) of waste to be handled
(ii) Quantity of waste (category-wise) to be handled per month
8. Declaration
I do hereby declare that the statements made and information given above are true to the best of my knowledge
and belief and that I have not concealed any information.
I do also hereby undertake to provide any further information sought by the prescribed authority in relation to
these rules and to fulfill any conditions stipulated by the prescribed authority.
Date : Signature of the Applicant
Place : Designation of the Applicant
FORM II
(see rule 10)
ANNUALREPORT
(To be submitted to the prescribed authority by 31 January every year).
1 . Particulars of the applicant:
(i) Name of the authorised person (occupier/operator):
(ii) Name of the institution:
Address
Tel. No
Telex No.
Fax No.
2. Categories of waste generated and quantity on a monthly average basis:
3. Brief details of the treatment facility:
In case of off-site facility:
(i) Name of the operator
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(ii) Name and address of the facility:
Tel. No., Telex No., Fax No.
4. Category-wise quantity of waste treated:
5. Mode of treatment with details:
6. Any other information:
7. Certified that the above report is for the period from
Date ............................... Signature ...........................................
Place.............................. Designation..........................................
FORM III
(see Rule 12)
ACCIDENT REPORTING
1. Date and time of accident:
2. Sequence of events leading to accident
3. The waste involved in accident :
4. Assessment of the effects of the accidents on human health and the environment,.
5. Emergency measures taken
6. Steps taken to alleviate the effects of accidents
7. Steps taken to prevent the recurrence of such an accident
Date ............................... Signature ...........................................
Place.............................. Designation..........................................
[F.No.23-2/96-HSMD]
VIJAY SHARMA, Jt.Secy.
S.O. 2447(E).- In exercise of the powers conferred by sections 6,8, and 25 of the Environment (Protection) Act, 1986 (29 of 1986),
Transboundary Movement) Rules, 2008, namely:-
1. (1)These rules may be called the Hazardous Wastes (Management, Handling and Transboundary Movement) Second
Amendment Rules, 2009.
(2)They shall come into force on the date of their publication in the Official Gazette.
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2. .In the Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008(hereinafter referred to as the
said rules), in rule 16, in sub-rule (5), in the proviso, after the words “the exporting country”, the words “ or the inspection
and certification agency approved by the Director General of Foreign Trade” shall be inserted.
3. In Schedule III to the said rules, in Part B, after the entries and before the Note,after the words “without any license or
restriction”, the words “or by importer registered with the State Pollution Control Board on behalf of the actual user who
shall furnish the details of such import and particulars of the actual users along with quantities to the concerned State
Pollution Board on a quarterly basis” shall be inserted.
[F.No. 23-27/2006-HSMD]
RAJIV GAUBA, Jt. Secy.
Note: The principal rules were published in the Gazette of India, Extraordinary vide notification number S.O. 2265(E), dated the 24 th
September, 2008 and subsequently amended vide number S.O.1799(E), dated the 21st July, 2009.
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THE BATTERIES (MANAGEMENT AND HANDLING) RULES, 2001
S.O. 432(E).- Whereas a notification of the Government of India in the Ministry of Environment and Forests was published in the
Gazette of India, Extraordinary, Part II-section 3, sub-section (ii) vide No. S.O. 491 (E) dated 24h May, 2000 and corrigendum
published in the Gazette of India Extraordinary Part-II section 3, sub-section (ii) vide No. SO 593 (E) dated 23d June, 2000 under
powers conferred by sections 6,8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986), inviting objections from persons
likely to be affected, within a period of sixty days from the date of publication of the said notification with regard to the Government's
intention to notify the Battery (Management and Handling) Rules, 2000.
And, whereas all objections received have been duly considered by the Central Government;
Now, therefore, in exercise of the powers conferred by sections 6, 8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986),
the Central Government hereby notifies the Batteries (Management and Handling) Rules, 2001.
1. Short Title and Commencement. - (1) These rules may be called the Batteries (Management and Handling) Rules, 2001.
2. Application. - These rules shall apply to every manufacturer, importer, re-conditioner, assembler, dealer, recycler, auctioneer,
consumer and bulk consumer involved in manufacture, processing, sale, purchase and use of batteries or components thereof.
3. Definitions. - In these rules, unless the context otherwise requires, -
a. 'Act' -means the Environment (Protection) Act, 1986 (29 of 1986);
(b) 'assembler' -means a person who manufactures lead acid batteries by assembling various components;
(c) 'auction' - means bulk sale of used lead acid batteries or component (s) thereof by invitation of tenders or auction, contract or
negotiation by individual(s), companies or Government Departments;
(d) 'auctioneer'- means a person (s) who auctions used lead acid batteries or components, thereof,
(e) 'battery'- means lead acid battery which is a source of electrical energy and contains lead metal;
(f) 'bulk consumer' - means a consumer such as Central or State Government Departments of Railways, Defence, Telecom, Posts &
Telegraph, State Road Transport Undertakings, State Electricity Boards and others who purchase batteries through central 'rate' or
running contract centrally placed on behalf of individual departments or user units under their jurisdiction.
(g) 'components' means lead bearing components of a lead acid battery;
(h) 'consumer'- means a person using lead acid batteries excluding bulk consumers;
(i) 'dealer'- means a person who sells and receives lead acid batteries or components thereof to and from the consumers or other
dealers or retailers on behalf of the manufacturers, importers, assemblers and reconditioners or otherwise;
(j) 'designated collection centre'- means a collection centre established, individually or jointly by one or more manufacturers or
importers, assemblers and re-conditioners in pursuance of their responsibilities under rule- 4 of these rules.
(k) 'importer' -means a person who imports new lead acid batteries or components containing lead thereof for the purpose of sale;
(1) 'manufacturer'- in relation to any factory manufacturing lead acid batteries or components thereof means a person or Chief
Executive Officer (CEO) of the company who has control over the affairs of the factory or the premises for sale and collection of lead
acid batteries or components thereof,
(m) 'original equipment manufacturer� - means manufacturer of equipment or product using lead acid batteries as a component;
(n) 'reconditioner' -means a person involved in repairing of lead acid batteries for selling the same in the market;
(o) 'recycler'-means an occupier who processes used lead acid batteries or components thereof for recovering lead
(p) 'registered recycler- means a recycler registered with the ;'Ministry of Environment and Forests or an agency designated by it
for reprocessing used lead acid batteries or components thereof;
(q) 'State Board'- means the concerned State Pollution Control Board or the Pollution Control Committee as the case may be
(r) 'used batteries' -means used, damaged and old lead acid batteries or components thereof; and
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(s) the words not defined in these rules will have the same meaning as defined in the Environment (Protection).Act, 1986 and the
rules framed thereunder.
4. Responsibilities of manufacturer, importer, assembler and re-conditioner.- It shall be the responsibility of a manufacturer,
importer, assembler and re-conditioner to
(i) ensure that the used batteries are collected back as per the Schedule against new batteries sold excluding those
sold to original equipment manufacturer and bulk consumer(s);
(ii) ensure that used batteries collected back are of similar type and specifications as that of the new batteries
sold;
(iii) file a half-yearly return of their sales and buy-back to the State Board in Form- I latest by 3e June and 3 0
December of every year;
(iv) set up collection centres either individually or jointly -at various places for collection of used batteries from
consumers or dealers;
v. ensure that used batteries collected are sent only to the registered recyclers,
(vi) ensure that necessary arrangements are made with dealers for safe transportation from collection centres to
the premises of registered recyclers ;
(vii) ensure that no damage to the environment occurs during transportation;
(viii) create public awareness through advertisements, publications, posters or by other means with regard to the
following
(a) hazards of lead;
(b) responsibility of consumers to return their used batteries only to the dealers or deliver at
designated collection centres; and
(c) addresses of dealers and designated collection centres.
(ix) use the international recycling sign on the Batteries;
(x) buy recycled lead only from registered recyclers; and
(xi) bring to the notice of the State Board or the Ministry of Environment and Forests any violation by the dealers.
5. Registration of Importers. - The importer shall get himself registered with the Ministry of Environment and Forests or an agency
designated by it by submitting details in Form-11.
6. Customs clearance of imports of new lead acid batteries. - Customs clearance of imports shall be contingent upon
i. valid registration with the Reserve Bank of India (with Importer's Code Number); (ij)one time registration with the Ministry
of Environment and Forests or an agency designated by it in Form-11;
ii. undertaking in Form-111; and (iv)a copy of the latest half-yearly return in Form-IV
7. Responsibilities of dealer. - It shall be the responsibility of a dealer to
i. ensure that the used batteries are collected back as per the Schedule against new batteries sold;
ii. give appropriate discount for every used battery returned by the consumer;
(iii) ensure that used batteries collected back are of similar type and specifications as that of the new batteries
sold;
(iv) file half-yearly returns of the sale of new batteries and buy-back of old batteries to the manufacturer in Form V
by 31st May and 30th November of every year-,
(v) ensure safe transportation of collected batteries to the designated collection centres or to the registered
recyclers ; and
(vi) ensure that no damage is caused to the environment during storage and transportation of used batteries.
8. Responsibilities of recycler. - Each recycler shall -
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i. apply for registration to the Ministry of Environment and Forests or an agency designated by it if not applied already, by
submitting information in Form VI;
(ii) ensure strict compliance of the terms and conditions of registration; however, those already registered with the
Ministry of Environment and Forests or all agency designated by it for reprocessing used batteries would be bound
by the terms and conditions of such registration;
(iii) submit annual returns as per Form VII to the State Board;
(iv) make available all records to the State Board for inspection;
v. mark 'Recycled' on lead recovered by reprocessing; and
(vi) create public awareness through advertisements, publications, posters or others with regard to the following
(a) hazards of lead; and
(b) obligation of consumers to return used batteries only to the registered dealers or deliver at the designated
collection centres.
9. Procedure for registration / renewal of registration of recyclers. - 1) Every recycler of used lead acid batteries shall make
an application in Form VI along with the following documents to the Joint Secretary, Ministry of Environment and Forests or any
officer designated by the Ministry or an agency designated by it for grant of registration or renewal;
(a) a copy of the valid consents under Water (Prevention and Control of Pollution) Act,
1974, as amended and Air (Prevention and Control of Pollution) Act, 198 1, as amended;
(b) a copy of the valid authorisation under Hazardous Wastes (I Management and Handling
Rules, 1989 as amended;
(c) a copy of valid certificate of registration with District Industries Centre ; and
(d) a copy of the proof of installed capacity issued by either State Pollution Control Board
/District Industries Centre.
(2) The Joint Secretary, Ministry of Environment and Forests or any officer designated by the Ministry or an agency
designated by it shall ensure that the recyclers possess appropriate facilities, technical capabilities, and equipment
to recycle used batteries and dispose of hazardous waste generated;
(3) The Joint Secretary , Ministry of Environment and Forests or any officer designated by the Ministry or an
agency designated by it shall take decision on application for registration within 120 days of receipt of application
form with complete details;
(4) The registration granted under this rule shall be in force for a period of two years from the date of issue or
from the date of renewal unless suspended or cancelled earlier;
(5) An application for the renewal of registration shall be made in Form VI atleast six months before its expiry. The
Joint Secretary, Ministry of Environment and Forests or any officer designated by the Ministry or an agency
designated by it shall renew the registration of the recycler granted under sub rule(4) of this rule, after examining
each case on merit;
designated by it may, after giving reasonable opportunity to the applicant of being heard, refuse to grant
registration;
designated by it may cancel or suspend a registration issued under these rules, if in his / her opinion, the
registered recycler has failed to comply with any of the conditions of registration, or with any provisions of the Act
or -rules made thereunder after v ng film an opportunity to explain and after recording the reasons therefor;
(8) It shall be the responsibility of the State Boards to monitor the compliance of conditions ibed while according
registration, and
9. An appeal shall lie against any order of suspension or cancellation or refusal of registration passed by the Joint Secretary to
the Ministry of Environment and Forests or any officer designated by the Ministry or agency designated by it. The appeal
shall be in writing and shall be accompanied with a copy of the order appealed against and shall be presented within 30 days
of passing of the order.
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10. Responsibilities of cousumer or bulk consumer.- (1) It shall be the responsibility of the consumer to ensure that used
batteries are not disposed of in any manner other than depositing with the dealer, manufacturer, importer, assembler, registered
recycler, reconditioner or at the designated collection centres.
(2) It shall be the responsibility of the bulk consumer to -
(i) ensure that used batteries are not disposed of in any manner other than by depositing with the
dealer/manufacturer/registered recycler/importer/ reconditioner or at the designated collection centres,- and
(ii) file half-yearly return in Form VIII to the State Board .
(3) Bulk consumers to their user units may auction used batteries to registered recyclers only.
11. Responsibilities of auctioneer.- The auctioneer shall -
(i) ensure that used batteries are auctioned to the registered recyclers only-,
(ii) file half-yearly returns of their auctions to the State Boards in Form-IX; and
(iii) maintain a record of such auctions and make these records available to the State Board for inspection.
12. Prescribed Authority. - The prescribed authority for ensuring compliance of the provisions of these rules shall be the State
Board. And, it shall file an annual compliance status report to the Central Pollution Control Board by 30 th April of every year.
13. Duties of Central Pollution Control Board. - The Central Pollution Control Board shall compile and publish the data received
every year from the State Boards. It shall review the compliance of the rules periodically to improve the collection and recycling of
used. lead batteries and apprise the Ministry of Environment and Forests, Government of India.
14. Computerisation of Records and Returns. - Ministry of Environment and Forests or an agency designated by it shall develop a
system for computerised tracking of
(i) distribution and sale of batteries;
(ii) collection, auction, transport and re-processing of used batteries;
(iii) sale of re-processed lead by registered recyclers; and
(iv) sale of lead from all domestic producers or importers.
SCHEDULE
[See rule 4(i) and 7(i)]
S.No. Year Number of used batteries to be

collected back
(i) During first year of implementation of rules 50% of new batteries sold
(ii) During second year of implementation of rules 75% of new batteries sold
(iii) After second year of implementation of rules 90% of new batteries sold
FORM � I
[See rule 4(iii)]
FORM FOR FILING RETUNS OF SALE OF NEW BATTERIES AND COLLECTION OF USED BATTERIES
[To be submitted by manufacturer/assembler /reconditioner by 30 th June (for the period October-March) and 31st December (for the
period April-September) every year]
1. Name and address of the manufacturer / assembler /
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reconditioner
2. Name of the authorised person and complete address with

telephone and fax numbers
3. Total number of new batteries sold during the period

October-March/April-September in respect of the following
categories
Category
(i)Automative
(a)Four Wheeler
(i) No. of Batteries (ii) Approximate weight
(b)Two Wheeler
in Metric Tones
(ii)Industrial
(a)UPS
(b)Motive power
(c)Stand-by
(iii)others(inverters, etc.)
Number of battaries sold to
i. dealers
ii. bulk consumers
iii. OEM
iv. Any other party for replacement
Should be indicated separately
4. Name and full address of the designated collection centres
5. Total number of used batteries of different categories as at

Sl. No. 3 collected and sent to the registered recyclers*
 enclose the list of recyclers to who batteries have been sent for recycling.
Place_________________
Date__________________ Signature of the authorised person
FORM II
[See rule 5 & 6(ii)]
FORM FOR
REGISTRATION OF IMPORTER OF NEW LEAD ACID BATTERIES / PRIMARY LEAD
{To be submitted in triplicate to the Ministry of Environment and Forests}
1. Name and Address of the importer
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2. Import / Export Licence No.
3. Name of person / owner / occupier as the case

may be
Date __________ Signature of the Importer
Place__________
FORM III
[see rule 6(iii)]
(to be submitted by importer of new lead acid batteries)
UNDERTAKING
To
The Member Secretary
State Pollution Control Board
1. I________________________ of M/s ____________________ hereby submit that I am in the process of importing

______________________ (MT) of new lead acid batteries.
2. I undertake that I shall collect back the used batteries as per the schedule prescribed by the Government from time to time
in lieu of the new batteries imported and sold, and shall send these only to the registered recyclers. I further undertake that
I shall submit half-yearly returns as per item (iii) of rule 6 to the State Board and abide by their directions, if any.
Date :
Place : Signature of the Importer
Copy to : The concerned Customs Authority
FORM � IV
[See rule 6(iv)]
FORM FOR FILING RETUNS OF SALE OF NEW BATTERIES AND COLLECTION OF LEAD ACID BATTERIES
[To be submitted by the Importer of new lead acid batteries by 30th June (for the period October-March and 31st December (for the
period April-September) every year]
1. Name and address of the importer
2. Name and address of the authorised person and telephone

and fax numbers
3. Number of new batteries sold during the period October-

March/April-September in respect of the following
categories
Category
(i)Automative
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(a)Four Wheeler (i) No. of Batteries (ii) Approximate weight
(b)Two Wheeler in Metric Tones
(ii)Industrial
(a)UPS
(b)Motive power
(c)Stand-by
(iii)Others(inverters, etc.)
Number of batteries sold to
i. Dealers
ii. Bulk consumers
iii. OEM
iv. Any other party for replacement
4. Name and full address of the designated collection centre

Sl. No. 4 collected and sent to the registered recyclers*
 enclose a complete list
Place_________________
FORM � V
[See rule 7(iv)]
FORM FOR FILING RETUNS OF SALE OF NEW BATTERIES AND COLLECTION OF OLD BATTERIES
[To be submitted by dealers to the manufacturers by 31st May (for sale during October-March) and 30th November (for sale during
April-September) every year]
1. Name and address of the dealer
2. Name of the authorised person and complete address with

telephone and fax numbers
3. Number of new batteries sold during the period October-

March/April-September in respect of the following
categories
Category
(i)Automative
(a)Four Wheeler
(i) No. of Batteries (ii) Approximate weight
(b)Two Wheeler
in Metric Tones
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(ii)Industrial
(a)UPS
(b)Motive power
(c)Stand-by
(iii)others(inverters, etc.)
Number of batteries sold to
i. As replacement of used batteries

ii. To bulk consumers
iii. To OEM
iv. To any other party

Sl. No. 3 collected and sent to registered recyclers * /
designated collection centres / manufacturers
 enclose the list of recyclers to who batteries have been sent for recycling.
Place_________________
FORM � VI
(see rule 8 (I), 9(1) & 9(5))
FORM FOR APPLICATION FOR
REGISTRATION OF FACILITIES POSSESSING ENVIRNMENTALLY SOUND
MANAGEMENT PRACTIVE FOR RECYCLING OF USED LEAD ACID
BATTERIES
(To be submitted in triplicate)
1. Name and Address of the unit
2. Contact person with designation, Tel./Fax
3. Date of Commissioning
4. No. of Workers (including contract labourers)
5. Consent Validity a. Under Air Act, 1981; Valid up to �
b. Under Water Act, 1974; Valid up to -
6. Validity of Authorisation under rule 5 of the Hazardous Valid up to -

Wastes
(Management and Handling) Rules, 1989
7. Installed capacity of production in (MTA)
8. Products manufactured Year �1 Year-2 Year-3
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Name :
(a)
(b)
(c)
9. Raw material consumed (Tones / year) Year �1 Year-2 Year-3
Name :
(a)
(b)
(c)
10. Manufacturing Process Please attach manufacturing process flow diagram for
each product(s)
11. Water consumption Industrial � m3/day

Domestic_ m3 / day
12. Water Cess paid up to
13. Waste water generation Industrial

a. as per consent m3/day
Domestic
b. actual m3 / day (average of last three
months)
14. Waste water treatment (please provide flow diagram of Industrial

the treatment scheme) Domestic
15. Waste water discharge Quantity m3/day
Location-
Analysis of treated waste water �
PH, BOD,COD, SS, O&G, Any other
(indicate the corresponding standards applicable
16. Air Pollution Control

a. Please provide flow diagram for emission
control system(s) installed for each process
unit, utilities etc.
b. Details for facilities provided for control of
fugitive emission due to material handling,
process, utilities etc.
c. Fuel consumption
d. Stack emission monitoring results vis-à-vis
the standards applicable
e. Ambient air quality
S.No. Name of Fuel Quantity / day
S.No Stack attached to Emission g/Nm3
S.No Location Results ug/m3
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17. Hazardous Waste Management S.No Name of Process Quantity / y

a. Waste generation
b. Details of collection, treatment
Waste category
c. Disposal (including point of final discharge)
i. Please provide details of the disposal facility

ii. Whether facilities provided are in
compliance of the conditions issued by the
SPCB in Authorisation
iii. Please attach analysis report of

characterisation of hazardous waste
generated (including leachate test if
applicable)
18. Details of waste proposed to be taken in auction or 1. Name

import, as the case may be, for use as raw material 2. Quantity required /-
3. Position in List A/List B as per Basel Convention
(BC) �
4. Nature as per Annexure III of BC-
19. Occupational safety and health aspects Please provide details of facilities provided.
20. Remarks
i. Whether industry has provided adequate Yes/No

pollution control system / equipment to
meet the standards of emission / effluent.
If Yes, please furnish details
ii. Whether industry is in compliance with
conditions laid down in the Hazardous
Waste Authorisation
iii. Whether Hazardous Waste collection and
Treatment, Storage and Disposal Facility
(TSDF) are operating satisfactorily. Yes / No
iv. Whether conditions exist or likely to exists
of the material being handled / processed of
posing immediate or delayed adverse
impacts on the environment.
Yes / No
v. Whether conditions exist or is likely to exist

of the material being handled / processed
by any means capable of yielding another
material e.g., leachate which may possess
eco-toxicity.
Yes / No
Yes / No
21. i. Cost of the unit

ii. Cost of pollution control equipment
including environmental safeguard
measures
a. Capital :
b. Recurring :
22 Any Other Information :
i)
HRR/MSU/ES/905/U1/201112 149 OF 290

ii)
iii)
I hereby declare that the above statements / informations are true and correct to the best of my knowledge and belief.
Date ;
Place : Signature
Name
Designation
FORM � VII
[see rule 8(iii)]
FORM FOR FILING RETURNS BY RECYCLERS OF USED BATTERIES
[To be submitted by recyclers by 30th June and 31st December of every year]
1. Name and address of the recycler
2. Name of the Authorised person and full address with

telephone and fax number
3. Installed annual capacity to recycle used battery scrap (in

MTA)
4. Total quantity of used battery scrap purchased from / sent i. Quantity of used batteries sent by / purchased
for processing during the period from October � March / from the manufacturers
April-September ii. Quantity of used batteries purchased from the
dealers
iii. Quantity of used batteries purchased from
auctioneers
iv. Quantity of used batteries obtained from any

other source -
5. Quantity of lead recovered from the used battery scrap (in

MTA)
6. Quantity of recycled lead sent back to i. the manufacturer of batteries
ii. other agencies * -
 enclose list of other agencies.
HRR/MSU/ES/905/U1/201112 150 OF 290

Place ____________ Signature of the authorised person
Date ____________
FORM � VIII
[see rule 10 (2)(ii)]
FORM FOR FILING RETURNS BY RECYCLERS OF USED BATTERIES
[To be submitted by the bulk consumer to the Sate Board by 30 th June (for the period October_
March) and 31st December (for the period April-September) every year]
1. Name and address of the bulk consumer

3. Number of new batteries of different categories purchased

from the manufacturer / importer / dealer or any other
agency during October-March and April-September
Category :
i. Automative
a. four wheeler
b. two wheeler
(i) No. of Batteries (ii) Approximate weight ( in Metric

i. Industrial
Tonnes)
a. UPS
b. Motive Power
c. Stand-by
i. Others
4. Number or used batteries of categories mentioned in Sl.

No. 3 and Tonnage of scrap sent to manufacturer /
dealer / importer / registered recycler / or any other
agency to whom the used batteries scrap was sent
Place ____________ Signature of the authorised person
Date ____________
 Enclose list of manufacture / dealer / importer / registered recyclers / or any other agency to whom the used batteries scrap
was sent.
FORM � IX
[see rule 11 (ii)]
HRR/MSU/ES/905/U1/201112 151 OF 290

FORM FOR FILING RETURNS BY AUCTIONEER OF USED BATTERIES
[To be submitted by the auctioneer to State Board by 30th June and 31st December of every year]
1. Name and address of the auctioneer

3. Number of used batteries and total Tonnage (of MT)

available during the period from October-March and April-
September
4. Sources of the used battery scrap
5. Number of used batteries and total Tonnage (of MT)

auctioned during the period from October-March and
April-September
6. Number of used batteries and total Tonnage of (MT) sent

to the registered recyclers *
 enclose a list.
Place ______________
Date _______________
[F. No. 23-5/98-HSMD]
HRR/MSU/ES/905/U1/201112 152 OF 290

The Municipal Solid Wastes (Management and Handling) Rules, 2000.
Central Government notified in exercise of the Powers conferred by Section 3, 6 and 25 of the
Environment (Protection) Act, 1986 with the objective of regulating the management and handling of the
Municipal Solid Wastes.
Applicability:-
Apply to all municipal authorities responsible for collection, segregation, storage, transportation processing and disposal of municipal
solid wastes.
Responsibility of Municipal Authority:-

1.
Every municipal authority shall, within the territorial area of the municipality, be responsible for the implementation of the
provisions of these rules, and for any infrastructure development for collection, storage, segregation, transportation, processing
and disposal of municipal solid wastes.
2.
the municipal authority or an operator of a facility shall make an application in Form-I, for grant of authorisation for setting up
waste processing and disposal facility including landfills from the State Board or the Committee in order to comply with the
implementation programme laid down in Schedule-I.
3.
the municipal authority shall comply with these rules as per the implementation schedule laid down in Schedule-I.
4.
The municipal authority shall furnish its annual report in Form-II.
(a)
to the Secretary-incharge of the Department of Urban Development of the concerned State or as the case may be of the
Union Territory, in case of a metropolitan city; or
(b) to the District Magistrate or the Deputy Commissioner concerned in case of all other town and cities, with a copy to the
State Board or the Committee on or before the 30th day of June every year.
Management of Municipal Solid Wastes :-

(1)
Any municipal solid waste generated in a city or a town, shall be managed and handled in accordance with the compliance
criteria and the procedure laid down in Schedule-II
(2)
The waste processing and disposal facilities to be set up by the municipal authority on their own or through an operator of a
facility shall meet the specifications and standards as specified in Schedule-III and Schedule-IV.
HRR/MSU/ES/905/U1/201112 153 OF 290

THE MANUFACUTRE, USE, IMPORT, EXPORT AND STORAGE OF HAZARDOUS MICRO-ORGANISMS / GENETICALLLY
ENGINEERD CORGANISMS OR CELLS RULES, 1989
MINISTRY OF ENVIRONMENT AND FORESTRY

NOTIFICATION
(New Delhi, the 5th December, 1989)
*G.S.R. 1037 (E).- In exercise of the powers conferred by sections 6,8 and 25 of the Environment (Protection) Act, 1986
(29 of 1986) and with a view to protecting the environment, nature and health, in connection with the application of gene
technology and micro-organisms, the Central Government hereby makes the following rules, namely:-
1. SHORT TITLE, EXTENT AND COMMENCEMENT
1. These rules may be called the Rules for the Manufacture, Use, Import, Export and Storage of Hazardous micro-
organisms/Genetically engineered organisms or cells.
2. These rules shall come into operation on the date to be notified for this purpose in the Official Gazette. 1
2. APPLICATION
1. These rules are applicable to the manufacture, import and storage of micro-organisms and Gene-Technological
products.
2. These rules shall apply to genetically engineered organisms/micro-organisms and cells and correspondingly to
any substances and products and food stuffs, etc., of which such cells, organisms or tissues hereof form part.
3. These rules shall also apply to new gene technologies apart from those referred to in clauses (ii) and (iv) of rule
3 and these rules shall apply to organisms /micro-organisms and cells generated by the utilisation of such ether
gene-technologies and to substances and products of which such organism and cells form part.
1. These rules shall be applicable in the following specific cases:
a. sale, offers for sale, storage for the purpose of sale, offers and any kind of handling over
with or without a consideration:
b. exportation and importation of genetically engineered cells or organisms:
c. production, manufacturing, processing, storage, import, drawing off, packaging and
repackaging of the Genetically Engineered Products:
d. production, manufacture etc. of drugs and pharmaceuticals and food stuffs distilleries and
tanneries, etc. Which make use of micro-organisms/ genetically engineered microorganisms
one way or the other.
4. These rules shall be applicable to the whole of India.
3. DEFINITIONS
In these rules unless the context requires.
i. "Biotechnology" means the application of scientific and engineering
principles to the processing of materials by biological agents to produce goods and services;
ii. "Cell hybridisation" means the formation of live cells with new combinations
of genetic material through the fusion of two or more cells by means of methods which do not occur
naturally;
iii. "Gene Technology" means the application of the gene technique called
genetic engineering, include selfcloning and deletion as well as cell hybridisation;
iv. "Genetic engineering" means the technique by which heritable material, which
does not usually occur or will not occur naturally in the organism or cell concerned, generated outside
the organism or the cell is inserted into said cell or organism. It shall also mean the formation of new
combinations of genetic material by incorporation of a cell into a host cell, where they occur naturally
(self cloning) as well as modification of an organism or in a cell by deletion and removal of parts of the
heritable material;
v. "microorganisms" shall include all the bacteria, viruses, fungi, mycoplasma,
cell lines, algae, protodoans and nematotes indicated in the schedule and those that have not been
presently know to exist in the country or not have been discovered so far.
4. COMPETENT AUTHORITIES
1. Recombinant DNA Advisory Committee (RDAC): This committee shall review developments in
Biotechnology at national and international levels and shall recommend suitable and appropriate safety
regulations for India in recombinant research, use and applications from time to time. The Committee shall
function in the Department of Biotechnology.
2. Review Committee on Genetic Manipulation (RCGM): This committee shall function in the Department of
Biotechnology to monitor the safety related aspects in respect of on-going research projects and activities
involving genetically engineered organisms/hazardous microorganisms. The Review Committee on Genetic
Manipulation shall include representatives of (a) Department of Biotechnology (b) Indian Council of Medical
Research (c) Indian Council of Agricultural Research (d) Council of Scientific and Industrial Research (e) other
experts in their individual capacity. Review Committee on Genetic Manipulation may appoint sub groups.
It shall bring out Manuals of guidelines specifying procedure for regulatory process with respect to activities
involving genetically engineered organisms in research, use and applications including industry with a view to
ensure environmental safety. All ongoing projects involving high risk category and controlled field experiments
shall be reviewed to ensure that adequate precautions and containment conditions are followed as per the
guidelines.
The Review Committee on Genetic Manipulation shall lay down procedures restricting or prohibiting production,
sale, importation and use of such genetically engineered organism of cells as are mentioned in the Schedule.
3. Institutional Biosafety Committee (IBSC): This committee shall be constituted by an occupier or any
person including research institutions handling microorganism/genetically engineered organisms. The committee
shall comprise the Head of the Institution, Scientists engaged in DNA work, a medical expert and a nominee of
HRR/MSU/ES/905/U1/201112 154 OF 290
the Department of Biotechnology. The occupier or any person including research institutions handling
microorganisms/genetically engineered organisms shall prepare, with the assistance of the Institutional Biosafety
Committee (IBSC) an uptodate on site emergency plan according to the manuals/guidelines of the RCGM and
make available copies to the District Level Committee/State Biotechnology Co-ordination Committee and the
Genetic Engineering Approval Committee
1. Genetic Engineering Approval Committee (GEAC): This committee shall function as a body under the
Department of Environment, Forest and Wildlife for approval of activities involving large scale use of
hazardous microorganisms and recombinants in research and industrial production from the
environmental angle. The Committee shall also be responsible for approval of proposals relating to
release of genetically engineered organisms and products into the environment including experimental
field trials.
The composition of the Committee shall be

i. Chairman-Additional Secretary, Department of Environment, Forests and
Wild life Co-Chairman-Representative of Department of Bio-technology
ii. Members: Representative of concerned Agencies and Departments, namely,
Ministry of Industrial Development, Department of Biotechnology and the Department of Atomic Energy:
iii. Expert members: Director General Indian Council of Agricultural Research,
Director General-Indian Council of Medical Research, Director General-Council of Scientific and Industrial
Research, Director General-Health Services, Plant Protection Adviser, Directorate of Plant Protection,
Quarantine and storage, Chairman, Central Pollution Control Board and three outside experts in
individual capacity.
iv. Member Secretary: An official of the Department or Environment, Forest and
Wild life.
The committee may co-opt other members/experts as necessary.
The committee or any person/s authorised by it shall have powers to take punitive action under the Environment
(Protection) Act.
1. State Biotechnology Co-Ordination Committee (SBCC): There shall be a State Biotechnology Coordination
Committee in the States wherever necessary. It shall have powers to inspect, investigate and take punitive action
in case or violations of statutory provisions through the Nodal Department and the State Pollution Control
Board/Directorate of Health/Medical Services. The Committee shall review periodically the safety and control
measures in the various industries/institutions handling genetically engineered Organisms/Hazardous
microorganisms. The composition of the Coordination Committee shall be
i. Chief Secretary - Chairman
ii. Secretary, Department of Environment - Member Secretary
iii. Secretary, Department of Health - Member
iv. Secretary, Department of Agriculture - Member
v. Secretary, Department of Industries and Commerce - Member
vi. Secretary, Department of Forests - Member
vii. Secretary, Department of Public works/Chief Engineer, Department of Public
Health Engineering - Member
viii. State microbiologists and Pathologists - Member
ix. Chairman of State Pollution Control Board
The Committee may co-opt other members/experts as necessary.
1. District Level Committee (DLC): There shall be a District Level Biotechnology Committee (DLC) in the
districts wherever necessary under the District Collectors to monitor the safety regulations in installations
engaged in the use of genetically modified organisms/hazardous microorganisms and its applications in the
environment.
The District Level Committee/or any other person/s authorised in this behalf shall visit the installation engaged in activity
involving genetically engineered organisms, hazardous microorganisms, formulate information chart, find out hazards and
risks associated with each of these installations and coordinate activities with a view to meeting any emergency. The
District Level Committee shall regularly submit its report to the State Biotechnology Co-ordination Committee/Genetic
Engineering Approval Committee.
The District level Committee shall comprise of:
i. District Collector - Chairman
ii. Factory Inspector - Member
iii. A representative of the Pollution Control Board - Member
iv. Chief Medical Officer (District Health Officer) – Member (Convenor)
v. District Agricultural Officer - Member
vi. A representative of the Public Health Engineering Department - Member
vii. District Microbiologists pathologist (Technical expert) - Member
viii. Commissioner Municipal Corporation - Member
The Committee may co-opt other member/s/experts as necessary.
5. CLASSIFICATION OF MICROORGANISMS OR GENETICALLY ENGINEERED PRODUC
i. For the purpose of these rules, microorganisms or genetically engineered organisms, products or cells
shall be dealt with under two major heads; animal pathogens and plant pests and these shall be classified in the
manner specified in the Schedule.
ii. If any of the microorganism, genetically engineered organism or cell falls within the limits of more than
one risk class as specified in the Schedule, it shall be deemed to belong exclusively to the last in number of such
classes.
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6. MICROORGANISMS LAID DOWN IN THE SCHEDULE ARE DIVIDED INTO THE FOLLOWING
i. Bacterial agents:
ii. Fungal Agents:
iii. Parasitic Agents
iv. Viral, Rickettsial and Chlamydial Agents:
v. Special Category
7. APPROVAL AND PROHIBITIONS
1. No person shall import, export, transport, manufacture, process, use or sell any hazardous microorganisms or
genetically engineered organisms/substances or cells except with the approval of the Genetic Engineering
Approval Committee.
2. Use of pathogenic microorganism or any genetically engineered organisms or cell for the purpose of research
shall only be allowed in laboratories or inside laboratory areas notified by the Ministry of Environment and Forests
for this purpose under the Environment (Protection) Act, 1986.
3. The Genetic Engineering Approval Committee shall give directions to the occupier to determine or take
measures concerning the discharge of micro-organisms/genetically engineered organisms or cells mentioned in
the schedule from the laboratories, hospitals and other areas including prohibition of such discharges and laying
down measures to be taken to prevent such discharges.
4. Any person operating or using genetically engineered organism microorganisms mentioned in the schedule for
scale up or pilot operations shall have to obtain licence issued by the Genetic Engineering Approval Committee for
any such activity. The possessor shall have to apply for licence in prescribed proforma.
5. Certain experiments for the purpose of education within the field of gene technology or microorganism may be
carried out outside the laboratories and laboratory areas mentioned in sub-rule (2) and will be looked after by the
Institutional Biosafety Committee.
8. PRODUCTION
Production in which genetically engineered organisms or cells or micro-organism are generated or used shall not be
commenced except with the consent of Genetic Engineering Approval Committee with respect of discharge of genetically
engineered organisms or cells into the environment. This shall also apply to production taking place in connection with
development, testing and experiments where such production, etc, is not subject to rule 7.
9. DELIBERATE OR UNINTENTIONAL RELEASE
1. Deliberate or unintentional release of genetically engineered organisms/hazardous microorganisms or
cells, including deliberate release for the purpose of experiment shall not be allowed.
Note: Deliberate release shall mean any intentional transfer of genetically engineered
organisms/hazardous microorganisms or cells to the environment or nature, irrespective of the way in
which it is done:
2. The Genetic Engineering Approval Committee may in special cases give approval of deliberate release.
10. PERMISSION AND APPROVAL FOR CERTAIN SUBSTANCES
Substances and products, which contain genetically engineered organisms or cells or microorganisms shall not be
produced, sold, imported or used except with the approval of genetic engineering approval committee
11. PERMISSION AND APPROVAL FOR FOOD STUFFS
Food stuffs, ingredients in food stuffs and additives including processing aids containing or consisting of genetically
engineered organisms or cells, shall not be produced, sold, imported or used except with the approval of the Genetic
Engineering Approval Committee.
12. GUIDELINES
1. Any person who applies for approval under rules 8-11 shall, as determined by the Genetic Engineering
Approval Committee submit information and make examinations or cause examinations to be made to
elucidate the case, including examinations according to specific directions and at specific laboratories.
He shall also make available an on-site emergency plan to GEAC before obtaining the approval. If the
authority makes examination itself, it may order the applicant to defray the expenses incurred by it in so
doing.
2. Any person to whom an approval has been granted under rules 8-11 above shall notify the Genetic
Engineering Approval Committee of any change in or addition to the information already submitted.
13. GRANT OF APPROVAL
1. In connection with the granting of approval under rules 8 to 11 above, terms and conditions shall be
stipulated, including terms and conditions as to the control to be excercised by the applicant,
supervision, restriction on use, the layout of the enterprise and as to the submission of information to
the State Biotechnology Co-ordination Committee or to the District Level Committee
2. All approvals of the Genetic Engineering Approval Committee shall be for a specified period not
exceeding four years at the first instance renewable for 2 years at a time. The Genetic Engineering
Approval Committee shall have powers to revoke such approval in the following situations:
a. If there is any new information as to the harmful effects of the genetically engineered
organisms or cells.
b. If the genetically engineered organisms or cells cause such damage to the environment,
nature or health as could not be envisaged when the approval was given, or
c. Non compliance of any condition stipulated by Genetic Engineering Approval Committee.
14. SUPERVISION
1. The Genetic Engineering Approval Committee may supervise the implementation of the terms and conditions
laid down in connection with the approvals accorded by it.
2. The Genetic Engineering Approval Committee may carryout this supervision through the State Biotechnology
Coordination Committee or the State Pollution Control Boards/District Level Committee or through any person
authorised in this behalf.
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15. PENALTIES
1. If an order is not complied with, the District Level Committee or State Biotechnology Co-ordination Committee
may take measures at the expenses of the person who is responsible.
2. In cases where immediate interventions is required in order to prevent any damage to the environment, nature
or health, the District level Committee or State Biotechnology Coordination Committee may take the necessary
steps without issuing any orders or notice. The expenses incurred for this purpose will be repayable by the person
responsible for such damage.
3. The State Biotechnology Co-ordination Committee /District Level Committee may take samples for a more
detailed examination of organisms and cells.
4. The State Biotechnology Co-ordination Committee/District Level Committee shall be competent to ask for
assistance from any other Government authority to carry out its instructions.
16. RESPONSIBILITY TO NOTIFY INTERRUPTIONS OR ACCIDENTS
1. Any person who under rule 7-11 is responsible for conditions or arrangements shall immediately notify the
District Level Committee \State Biotechnology Co-ordination Committee and the state medical officer of any
interruption of operations or accidents that may lead to discharges of genetically engineered organisms or cells
which may be harmful to the environment, nature or health or involve any danger thereto.
2. Any notice given under sub-rule (1) above shall not lessen the duty of the person who is responsible to try
effectively to minimise or prevent the effects of interruptions of operations of accidents.
17. PREPARATION OF OFF-SITE EMERGENCY PLAN BY THE DL
1. It shall be the duty of the DLC to prepare an off-site emergency plan detailing how emergencies relating to a
possible major accident at a site will be dealt with and in preparing the plan, the DLC shall consult the occupier
and such other person as it may deem necessary.
2. For the purpose of enabling the DLC to prepare the emergency plan required under sub-rule(I), the occupier
shall provide the DLC with such information relating to the handling of hazardous microorganisms/genetically
engineered organisms under his control as the DLC may require including the nature, extent and likely off-site
affects of a possible major accident and the DLC shall provide the occupier with any information from the off-side
emergency plan which relates to his duties under rule 16.
18. INSPECTIONS AND INFORMATIONS REGARDING FINANCE
1. The State Biotechnology Co-ordination Committee or the Genetic Engineering Approval Committee/the DLC or
any person with special knowledge duly authorised by the State Biotechnology Co-Ordination Committee or the
Genetic Engineering Approval Committee or the DLC where it is deemed necessary, at any time on due production
if identity be admitted to public as well as to private premises and localities for the purpose of carrying out
supervision.
2. Any person who is responsible for activities subject to rules 7-11 above shall at the request of District level
Committee or State Biotechnology Coordination Committee or the GEAC submit all such information including
information relating to financial conditions and accounts, as is essential to the authority’s administration under
these rules. He shall also allow supervision or inspection by the Authorities or persons indicated in sub-rule(I).
3. The Genetic Engineering Approval Committee may fix fees to cover, in whole or in part, the expenses incurred
by the authorities in connection with approvals, examinations, supervision and control.
19. APPEAL
1. Any person aggrieved by a decision made by Genetic Engineering Approval Committee/State Biotechnology Co-
ordination Committee in pursuance of these rules may within thirty days from the date on which the decision is
communicated to him, prefer an appeal to such authority as may be appointed by Ministry of Environment and
Forests provided that the appellate authority may entertain the appeal after the expiry of the said period of thirty
days if such authority is satisfied that the appellant was prevented by sufficient cause from filing the appeal in
time
20. EXEMPTION
The Ministry of Environment and Forests shall, wherever necessary, exempt an occupier handling a particular
microorganism/genetically engineered organism from rule 7-11.
A. ANIMAL AND HUMAN PATHOGENS
Schedule
BACTERIAL
Risk Group II
 Acinetobacter calcoacetieus
 Actinobacillus-all species except A mallei, which is in Risk Group III
 Aeromonoas hydrophila
 Arizona hinshawii-all serotypes
 Bacillus anthracis
 Bordetella all species
 Borrelia recurrentis.B.Vincenti
 Campylobacter fetus
 Camphylobacter jejuni, Chalamydia psittaci
 Cheamydia trachomatics
 Clostridium chauvoei, Cl.difficile Cl/fallax. Cl haemolyticum Q.histolyticum, CI novyi (CI,Pefringes) Cl.speticum,

Cl.sordelli
 Corynebacterium diptheriae, C.equi, C. haemolyticum, C.Pseudotuberculosis, C.pyogenes, C.renale
HRR/MSU/ES/905/U1/201112 157 OF 290

 Diplococcus (Streptococcus) pneumoniae
 Edwardsiila tarda
 Erysipelothix insidiosa
 Escherichia Coli-all enteropathogenic serotypes, enterotoxigenic
 Haemophilus ducrevi, H.influenzae, H. pneumoniae
 Herellea vaginicola
 Klebsiella-all species and all serotypes
 Legionlla pneumophila
 Letionella
 Leptospira interrogans-all serotypes reported in India
 Listeria, all species
 Mima polymorpha
 Moraxella-all species
 Mycobacteria-all species including Mycobacterium avium
 M.Bovis M.tuberculosis, M.Leprae
 Mycoplasma-all species except M.Mycoides and M.angalactiae
 Meosseroc gonorrhoea,N. Leprae
 Mycoplasma-all species except M.Mycoides and M.angalactiae
 Neisseric gonorrhoea,N. meningitis
 Pasteurella-all species except those listed in Risk Group III
 Salmonella-all species and all setotypes
 Shigella-all species and all serotypes
 Sphaerophorgs necrophorus
 Staphylococcus aureus
 Streptobacillus moniliformis
 Streptococcus pneumoniae
 Streptococcus pyogenes.S.equi
 Streptomyces madurae,s.pelleteri, s.somaliensis
 Treponema carateum, T.pallidam and T.pettenue
 Vibrio foetus V.comma including biotype EI Top and
 V. parahemolyticus
 Vibrio cholerae
Risk Group III:
 Actinobacillus mallei
 Bartonella-all species
 Brucella-all species
 Clostridium botulium Cl.tetani
 Francisella tularensis
 Mycobacterium avium,. M.bovis, M.tuberculosis,m.leprae
 Pasteurella multocida type B("buffalo" and other foreign virulent strains)
 Pseudomonas pseudomallai
 Yersinia pestis
FUNGAL
Risk Group II
· Actinomycetes (including Nocardia SP, Actinomyces species and Arachina propinica)
· Aspergillus fumigatus
· Blastomyces dermatitis
· Cryptococcus neoformans C. fersiminosos
· Epidermophyton madurella, microsporon
· Paracoccidiodes brasiliensis
· Sporothrix
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· Trichoderma
· Trichophyton
Risk Group III
 Coccidioides immitis
 Histoplasma capulatum
 Histoplasma capsulatum var duboiss

PARASITIC
Risk Group II
· Entahoeba histolytica
· Leishmania species
· Naegleria gruberia
· Plasmodium theilera, P. babesia, P. falcoparum
· Plasmodium babesia
· Schistosoma
· Toxoplasma gondii
· Toxocana canis
· Trichinella spiralis
· Trichomanas
· Trypanosoma cruzi
Risk Group III
· Schisistosoma mansoni
VIRAL RICKETTSIAL AND CHALMYDIAL
Risk Group II
· Adenoviruses - Human all types
· Avian loukosis
· Cache Valley virus
· CELO (avian adenovirus)
· Coxsackie A and B viruses
· Corona viruses
· Cytomegalo viruses
· Dengue virus, when used for transmission experiments
· Echo viruses - all types
· Encephalomyocarditis virus (EMC)
· Flanders virus
· Hart Part virus
· Hepatitis - associated antigen material - hepatitis A and B viruses, non A and non B, HDV
· Herpes viruses - except herpesviruses simiae (monkey B virus) which is in Risk Group IV.
· Infectious Bovine Rhinotraechitis virus (IBR)
· Infectious Bursal diseases of poultry and Infectious Bronchitus
· Infectious Laryngotraechitis (ILT)
· Influenza virus - all types, except A PR 834 which is in Risk Group I
· Langat virus Leucosis Complex
· Lymphogranuloma venereum agent
· Marek’s Disease virus
· Measles virus
· Mumps virus
· Newcastle disease virus (other than licenced strain for vaccine use)
· Parainfluenza viruses - all type except parainfluenza virus 3, SF4 strain, which is in Risk Group I.
· Polio viruses - all types, wild and attenuated
· Poxviruses - all types except Alastrim, monkey pox, sheep pox and white pox, which depending on experiments
are in Risk Group III or IV.
· Rabies virus - all strains except rabies stret virus, which should be classified in Risk Group III when inoculated
into cornivores
· Reoviruses - all types
· Respiratory syncytial virus
· Rhinoviruses - all types
· Rinderpest (other than vaccine strain in use)
· Rubella virus
· Stimian viruses - all types except herpeavirus simlae (Monkey Virus) which is in Risk Group IV.
· Simian virus 40 -
· Ad 7 SV 40 (defective)
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· Sindbis virus
· Tensaw virus
· Turlock virus
· Vaccinia virus
· Varicella virus
· Vole rickettsia
· Yellow fever virus, 17D vaccine strain
Risk Group III
 African House Sickness (attenuated strain except animal passage)
 Alastrim, monkey pox and whitepox, when used in vitro
 Arboviruses - All strains except those in Risk Group II and IV.
 Blue tongue virus (only serotypes reported in India)
 Ebola fever virus
 Feline Leukemia Epstein-Barr virus
 Feline sarcoma
 Foot and Mouth Disease virus (all serotypes and sutbypes)
 Gibbon Ape Lymphosarcoma
 Herpesvirus ateles
 Herpesvirus saimiri
 Herpes simplex 2
 HIV-I & HIV-2 and strains of SIV
 Infectious Equine Anaemia
 Lymphocytic choriomeningitis virus (LCM)
 Monkey pox, when used in vitro
 Nen-defective Adeno-2 SV-40 hybrids
 Psittacosis-ornithosis-trachoma group of agents
 Pseudorabies virus
 Rabies street virus, when used inoculations of carnivores
 Rickettsia-all species except Vole rickettsia and Coxiell burnetti when used for vector transmission or animal
inoculation experiments
 Sheep pox (field strain)
 Swine Fever virus
 Vesicular stomatitis virus
 Woolly monkey Fibrosarcoma
 Yaba pox virus
Risk Group IV
 Alastrim, monkeypox, whitepox, when used for transmission or animal inoculation experiments
 Hemorrhagic fever agents, including Crimean hemorrhagic fever (congo)
 Korean hemorrhagic fever and others as yet undefined
 Herpesvirus simlae (monkey B virus)
 Tick-borne encephalitis virus complex, including - Russian
 Spring Summer Encephalitis, Kyasanur Forest Diseast, omsk hemorrhagic fever and Central European encephalitis
viruses
SPECIAL CATEGORY
BACTERIAL
 Contagious Equine Metritis (H. equigenitalis)
 Pestis petit de ruminantium

VIRAL RICKETTSIAL AND CHLAMYDIAL
 African Horse Sickness virus (serotypes not reported in India and challenge strains)
 African Swine Fever
 Bat rabies virus
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 Blue tongue virus (serotypes not reported in India)
 Exoitic FMD virus types and sub-types
 Junin and Machupo viruses
 Lassa virus
 Marburg virus
 Murrey valley encephalitis virus
 Rift Valley Fever virus
 Smallpox virus - Archieval storage and propagation Swine Vesicular Disease
 Veneseulan equine encephalitis virus - epidemic strains
 Western Equine encephalitis virus Yellow fever virus - Wild strain
 Other Arboviruses causing epizootics and so far not recorded in India
B. PLANT PESTS
Any living stage (including active and dormant forms) of insects, mites nematodes, slugs, snails, bacteria, fungi, protozoa,
other parsitic plants or reproductive parts thereof: viruses; or any organisms similar to or allied with any of the foregoing;
or any infectious agents or substances, which can directly or indirectly injure or cause disease or damage in or to any
plants or parts thereof, or any processed, manufactured, or other products of plants are considered plant pests.
Organisms belonging to all lower Taxa contained within the group listed are also included.
1. Viruses:
All viroids
All bacterial, fungal, algal, plant, insect and nematode viruses; special care should be take for:
i. Geminiviruses,
ii. Caulimoviruses,
iii. Nuclear Polyhedrosis viruses,
iv. Granulosis viruses, and
v. Cytoplasmic polyhedrosis viruses.
2. Bacteria:
Family Pseudomonadaceae
Genus Pseudomonas
Genus Xanthomonas
Genus Azotobacter
Family Rhizobiaceae
Genus Rhizobium/Azorhizobium
Genus Bradyrhizobium
Genus Agrobacterium
Genus Phyllobacterium
Genus Erwinia
Genus Enterobacter
Genus Klebzieller
Family Spirollacea
Genus Azospirillum
Genus Acquspirillum
Genus Oceonospirillum
Family Streptomycetaceae
Genue Streptomyces
Genue Nocardia
Family Actinomycetaceae
Genue Actinomyces
Coryneform Group
Genus Clavibacter
Genus Arthrobacter
Genus Curtobacterium
Genus Bdellovibro
Family Rickettsiaceae
Rickettsial-like organisms associated with insect diseases
Gram-negative phloem-limited bacteria associated with plant diseases
Gram-negative xylem-limited bacteria associated with plant diseases
Cyanobacteria - All members of blue-green algae
Mollicutes
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Family Spiroplasmataceae
Mycoplama-like organisma associated with plant diseases
Mycoplasma-like organisms associated with insect diseases
Algae
Family Chlorophyceae
Family Euglenophyceae
Family Pyrophyceae
Family Chrysophyceae
Family Phaephyceae
Family Rhodophyceae
Fungi
Family Plasmodiophoraceae
Family Chytridiaceae
Family Olpidiopsidaceae
Family Synchytriaceae
Family Catenariaceae
Family Coelomomycetaceae
Family Saprolegniaceae
Family Zoopagaceae
Family Albuginaceae
Family Peronosporaceae
Family Pythiaceae
Family Mucoraceae
Family Choanephoraceae
Family Mortiercllaceae
Family Endogonaceae
Family Syncephalastraceae
Family Dimargaritaceae
Family Kickxellaceae
Family Saksenaeaceae
Family Entomophthoraceae
Family Ecerinaceae
Family Taphrinaceae
Family Endomycetaceae
Family Saceharomycetaceae
Family Eurotiaceae
Family Gymnoascaceae
Family Aseophaeriaceae
Family Onygenaceae
Family Microascaceae
Family Protomycetaceae
Family Elsinoeaceae
Family Myriangiaceae
Family Dothidiaceae
Family Chaetothyriaceae
Family Parmulariaceae
Family Phillipsiellaceae
Family Hysteriaceae
Family Pleosporaceae
Family Melamomataceae
Family Ophiostomataceae
Family Aseosphaeriaceae
Family Erysiphaceae
Family Meliolaceae
Family Xylariaceae
Family Diaporthaceae
Family Hypoereaceae
Family Clavicipataceae
Family Phacidiaceae
Family Ascocorticiaceae
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Family Hemiphacidiaceae
Family Dermataceae
Family Sclerotiniaceae
Family Cyttariaceae
Family Helosiaceae
Family Sarcostomataceae
Family Sarcoscyphaceae
Family Auricolariaceae
Family Ceratobasidiaceae
Family Corticiaceae
Family Hymenochaetaceae
Family Echinodintiaceae
Family Eistuliniaceae
Family Clavariaceae
Family Polyporaceae
Family Tricholomattaceae
Family Ustilaginaceae
Family Sporobolomycetaceae
Family Uredinaceae
Family Agaricaceae
Family Graphiolaceae
Family Pucciniaceae
Family Melampsoraceae
Family Gandodermataceae
Family Labonlbeniaceae
Family Sphaeropsidaceae
Family Melabconiaceae
Family Tuberculariaceae
Family Dematiaceae
Family Moniliaceae
Family Aganomucetaceae
Parasitic Weeds
Family Balanophoraceae-parasitic species
Family Cuscutaceae-parasitic species
Family Ttydonoraceae-parasitic species
Family Lauraceae-parasitic species Genus Cassytha
Family Lennoaceae-parasitic species
Family Loranthaceae-parasitic species
Family Myzodendraceae-parasitic species
Family Olacaceae-parasitic species
Family Orobanchaceae-parasitic species
Family Rafflesiaceae-parasitic species
Family Santalaceae-parasitic species
Family Scrophulariaceae-parasitic species
Protozoa
Genus Phytomonas
And all protozoa associated with insect diseases.
Nematodes
Family Anguinidae
Family Belonolaimidae
Fmaily Caloosiidae
Family Criconematidae
Family Dolichodoridae
Family Fergusobiidae
Family Hemicycliophoridae
Family Heteroderidae
Family Hoplolaimidae
Family Meloidogynidae
Family Neotylenchidac
Family Nothotylenchidae
Family Paratylenchidae
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Family Pratylenchidae
Family Tylenchidae
Family Tylenchulidae
Family Aphelenchoidiae
Family Longidoridae
Family Trichodoridae
Mollusca
Superfamily Planorbacea
Superfamily Achatinacea
Superfamily Arionacea
Superfamily Limacacea
Superfamily Helicacea
Superfamily Veronicellacea
Arthropoda
Superfamily Ascoidea
Superfamily Dermanyssoidea
Superfamily Erjophyoidea
Superfamily Tetranychoidea
Superfamily Eupodoidea
Superfamily Tydeoidea
Superfamily Erythraenoidea
Superfamily Trombidioidea
Superfamily Hydryphantoidea
Superfamily Tarasonemoidea
Superfamily Pyemotoidea
Superfamily Hemisarcoptoidea
Superfamily Acaroidea
Order Polydesmida
Family Sminthoridae
Family Forfieulidae
Order Isoptera
Order Thysanoptera
Family Acrididea
Family Gryllidae
Family Gryllacrididae
Faily Gryllotalpidae
Family Phasmatidae
Family Ronaleidae
Family Tettigoniidae
Family Tetragidae
Family Thaumastocoridae
Superfamily Piesmatoidea
Superfamily Lygacoidea
Superfamily Idiostoloidea
Superfamily Careoidea
Superfamily Pentatomoidea
Superfamily Pyrrhocoroidea
Superfamily Tingoidea
Superfamily Miroidea
Order Homoptera
Family Anobiidae
Family Apionidae
Family Anthribidae
Family Bostrichidae
Family Brentidae
Family Bruchidae
Family Buprestodae
Family Byturidae
Family Cantharidae
Family Carabidae
Family Ceambycidae
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Family Chrysomelidae
Family Coecinellidae
Family Curculionidae
Family Dermestidae
Family Elalteridae
Family Hydrophilidae
Family Lyctidae
Family Meloidae
Family Mordellidae
Family Platypodidae
Family Scarabaeldae
Family Scolytidae
Family Selbytidae
Order Lepidoptera
Family Agromyzidae
Family Anthomiidae
Family Cecidomiidae
Family Chioropidae
Family Ephydridae
Family Lonchaeidae
Family Muscidae
Family Otitidae
Family Syrphidae
Family Tephritidae
Family Tipulidae
Family Apidae
Family Caphidae
Family Chalcidae
Family Cynipidae
Family Eurytomidae
Family Formicidae
Family Psilidae
Family Sircidae
Family Tenthredinidae
Family Torymidae
Family Xyloiopidae and
Also unclassifed organisms and/or organisms whose classification is unknown and all other organisms associated with plant
and insect diseases.
* As published in Gazette of India, Extraordinary, Part II 3(i), dt. 5.12.1989
1
. W.e.f. 1.10.1993, vide S.O. 677(E), dt. 13.9.1993.
• MINISTRY OF ENVIRONMENT AND FORESTS

• NOTIFICATION
• New Delhi, the 24th August, 1992
• G.S.R.768(E).-In exercise of the decision recorded in paragraph 5 of the Resolution of the Government of India in the
Ministry of Environment & Forests, published vide GSR No.85(E), dated 21.2.1991 in the Gazette of India Extraordinary, Part
If, Section 3, Subsection(i), the Central Government hereby notifies the following criteria for labeling Cosmetics as
Environment Friendly Products.
• 1. GENERAL REQUIREMENTS:--(i) All the products manufactured shall meet the requirements of following Indian Standards
of BIS pertaining to safety, quality and performance :
• Sl. No.ItemIS CODE NO.1.2.3.1.Skin PowdersIS:3959:19792.Skin powder for infantsIS:5339:19783.Tooth
PowderIS:5383:19784.Skin powder for infantsIS:6356:19785.Tooth PowderIS:6608:19766.Skin CreamsIS:7123:19847.Hair
CilsIS:7669:19758.Shampoo Soap basedIS:7884:19789.Hair CreamsIS:7679:197510.Oxidation Hair Dyes
liquideIS:8481:197711.CologneIS:8482:197712.Nail Polish (Nail Enamel)IS:9245:197713.After Shave
lotionIS:9255:197914.Pomades & BrilliantinesIS:9339:197915.Depliatorics ChemicalIS:9636:198816.Shaving
CreamsIS:9740:198117.Cosmetic PencilsIS:9832:198118.LipstickIS:9875:1981
• (ii) All the ingredients that go into formulation of cosmetics shall comply with the provisions prescribed in IS 4707: Part I,II
and III classification of cosmetics raw materials and adjuncts as well as the product specific requirements.
• (iii) The product package shall display a list of critical ingredients in descending order of quantity present. The list of such
ingredients shall be identified by BIS.
• (iv) The product shall not be manufactured from any carcinogenic ingredients.
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• Note:- Central Drug Research Instt./Industrial Toxicological Research Instt. would furnish a list of carcinogenic ingredients to
BIS and would also keep BIS informed about the changes therein.
• (v) The product manufacturer must produce the consent as per the provisions of Water (Prevention and Control of Pollution)
Act, 1974, Water (Prevention and Control of Pollution) Cess Act, 1977 and Air (Prevention and Control of Pollution) Act, 1981
alongwith the authorisation, if required under Envirotiment(Protection)Act,1986 and rules made thereunder to BIS while
applying for ECOMARK, Additionally, pr(,visions of the Drugs and Cosmetics Act, 1940 and rules thereunder shall also be
complied with.
• (vi) The product package shall be suitably marked that ECOMARK lable is applicable only to the contents, if the product
pacakage is not separately covered under the ECOMARK scheme.
• (vii) The material used for produce packaging shall meet the parameters evolved under the scheme of labeling
Environment Friendly Packaging/packaging materials.
• 2. PRODUCT SPECIFIC REQUIREMENTS:- All the cosmetics formulations shall comply with the requirements given below
under (i) to (iii). Further in addition to compliance with the requirements under (i) to (iii) the respective cosmetics namely:
Tooth Paste/Tooth Powder, Hair Dyes and Nail Polish shall comply with the requirements given below under (iv),(v) and (vi)
respectively.
• (i) Product shall be dermatologically safe when tested by the method prescribed by IS 4011 :1982.
• (ii) Biodegradable surfactant agents wherever used in cosmetics formulation shall be as per their limit finished for
synthetic detergents for ECOMARK by the Technical Committee.
• (iii) Heavy metals calculated as lead (Pb) and Arsenic (Ars) shall not exceed 10 and 1 ppm, respectively when tested
by the respective methods, prescribed in Indian Standards.
• (iv) Tooth Paste/Tooth Powder:- For the purpose of formulation of these products, the ingredients listed in IS : 6356
(1979) and ISL : 5383 (1978) shall only be used. Moreover, tooth paste shall not be fluoridated and presence of fluoride (F)
as impurity shall not exceed the limit of 10 ppm.
• Note:- This has been done with a view to ensure safety of these products from oral toxicity as the ingredients listed in the
relevant Indian Standards are based on the consideration that are generally regarded as safe for such formulations.
• (v) Hair Dyes :- Lead based dyes shall not be used.
• (vi) Nail Polish :- Halogenated organic solvents shall not be used.
• Note : Manufacturers will give necessary undertakings with supporting documents to BIS while applying for ECOMARK for
requirements under (v) and (vi) above.
• 3. BIS may formulate/incorporate optional standards for environment friendly characteristics.
• 4. Filing of Objections:- A n person interested in filling any objection against these criteria for -labeling Cosmetics as
environment friendly may do so in writing to the Deputy Secretary, Ministry of Environment & Forests, Paryavaran Bhawan,
CGO Complex, Lodhi Road, New Delhi within sixty days from the date of publication of this notification in the official gazette.
•
• No. 23/06/91 -PL(CPW)]
•
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THE CHEMICAL ACCIDENTS (EMERGENCY PLANNING, PREPAREDNESS AND RESPONSES) RULES 1996
G.S.R. 347 (E). In exercise of the powers conferred by Sections 6, 8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986).
The Central Government hereby makes the following rules, namely –
1. Short Title and Commencement:
(1) These rules may be called the Chemical Accidents (Emergency Planning, Preparedness, and Response) Rules,
1996.
2. Definitions: In these rules unless the context otherwise requires -
(a) “chemical accident” means an accident involving a fortuitous, or sudden or unintended occurrence while handling
any hazardous chemicals resulting in continuous, intermittent or repeated exposure to death, or injury to any
person or damage to any property but does not include an accident by reason only of war or radio-activity;
(b) “Hazardous chemical” means –
(i) any chemical which satisfies any of the criteria laid down in Part I of Schedule 1 or listen in Part 2 of the
said schedule;
(ii) any chemical listed in Column 2 of Schedule 2;
(iii) any chemical listed in Column 2 of Schedule 3;
(c) “industrial activity” includes an operation or process –
(i) carried out in an industrial installation referred to in Schedule – 4 involving or likely to involve one or
more hazardous chemicals;
(ii) on sites storage or on site transport which is associated with that operation or process as the case may
be.
(iii) isolated storage,
(iv) pipeline,
(d) “industrial pocket means any industrial zone ear-marked by the industrial Development Corporation of the State
Government or by the State government.
(e) ‘isolated storage’ means, - storage of a hazardous chemical other than storage associated with an installation on
the same site specified in Schedule – 4 where that storage involves at least the quantities of that chemical set out
in Schedule 2;
(f) ‘major chemical accident’ means, - an occurrence including any particular major emission, file or explosion
involving one of more hazardous chemicals and resulting from uncontrolled developments in the course of
industrial activity or transportation or due to natural events leading to serious effects both immediate or delayed,
inside or outside the installation likely to cause substantial loss of life and property including adverse effects on the
environment;
(g) “Major Accident Hazards (MAH) Installations”. – means isolated storage and industrial activity at a site handling
(including transport through carrier or pipeline) of hazardous chemicals equal to or, in excess of the threshold
quantities specified in column 3 of Schedule 2 and 3 respectively.
(h) “Manufacture, Storage and Import of Hazardous Chemicals Rules” means, - the Manufacture, Storage and import of
Hazardous Chemicals rules, 1989, published in the notification of Government of India in the Ministry of
Environment & Forests No S O966 (E) dated 27th November, 1989.
(i) “Off-site emergency plan” means, - the off-site emergency plan prepared under rule 14 f the Manufacture, Storage
and Import of Hazardous Chemicals Rules.
(j) “pipeline” means – a pipe (together with any apparatus and works associated there with) or system of pipes
(together with any apparatus and works associated therewith) for the conveyance of a hazardous chemical other
than a flammable gas as set out in column 2 of Part II of Schedule I, at a pressure of less than 8 bars absolute.
(k) “site” means – any location where hazardous chemicals are manufactured or processed, stored handled, used,
disposed of and includes the whole of an area under the control of an occupiers and includes peir, jetty or similar
structure whether floating or not.
(l) “transport” means, - movement of hazardous chemicals by any means over land, water or air.
3. Constitution of Central Crisis Group
(1) The Central Government shall constitute a Central Crisis Group for management of chemical accidents and set up a
provisions of Rule – 4 within thirty days from the date of the commencement of these rules.
(2) The composition of the Central Crisis Group shall as specified in Schedule 5.
(3) The Central Crisis Group shall meet at least once in six months and follow such procedure for transaction of
business as it deems fit.
(4) Not withstanding anything contained in sub-rule (2), the Central Crisis Group may co-opt any person whose
assistance or advice is considered useful in performing any of its functions to participate in the deliberations of any
of its meetings.
4. Constitution of Crisis Alert System: The Central Government shall, -
(a) set up a functional control room at such place as it deems fir;
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(b) set up an information networking system with the State and district control rooms;
(c) appoint adequate staff and experts to man the functional control room;
(d) publish a list of Major Accident Hazard installations;
(e) publish a list of major chemical accidents in chronological order;
(f) publish a list of members of Central, state and District Crisis Groups;
(g) take measures to create awareness amongst the public with a view to preventing chemical accidents.
5. Functions of the Central Crisis Group:
(1) The Central Crisis Group shall be the apex body to deal with major chemical accidents and to provide expert
guidance for handling major chemical accidents.
(2) Without prejudice to the functions specified under sub-rule (1), the Central Crisis Group shall, -
(a) continuously monitor the post-accident situation arising out of a major chemical accident and suggest
measures for prevention and to check recurrence of such accidents;
(b) conduct post – accident analysis of such major chemical accidents and evaluate responses;
(c) review district off-site emergency plans with a view to examine its adequacy in accordance with the
Manufacture, Storage and Import of Hazardous chemicals, Rule and suggest measures to reduce risks in
the Industrial pockets;
(d) review the progress reports submitted by the State Crisis Groups;
(e) respond to queries addressed to it by the State Crisis Groups and the District Crisis Groups;
(f) publish a State-wise list of experts and officials who are concerned with the handling of chemical
accidents;
(g) render, in the event of a chemical accident in a State, all financial and infrastructural help as may be
necessary.
6. Constitution of State Crisis Group:
(1) The State Government shall constitute a State Crisis Group for management of chemical accidents within thirty
days from the date of the commencement of these rules.
(2) The composition of the State Crisis Group shall be as specified in Schedule 6.
(3) The State Crisis Group shall meet at least once in three months and follow such procedure for transaction f
business as it deems fir.
(4) Notwithstanding anything contained in sub-rule (2), the state Crisis Group may co-opt any person whose
assistance or advice is considered useful in performing any of its functions, to participate in the deliberation of any
of its meetings.
7. Functions of the State Crisis Group:
(1) The State Crisis Group shall be the apex body in the State to deal with major chemical accidents and to provide
expert guidance for handling major chemical accidents.
(2) Without prejudice to the functions specified under sub-rule (1), the central Crisis Group shall, -
(a) review all district off-site emergency plans in the State with a view to examine its adequacy in accordance
with the Manufacture, Storage and Import of Hazardous Chemicals, Rules and forward a report to the
Central Crisis Group once in three months;
(b) assist the State Government in managing chemical accidents at a site;
(c) assist the State Government in the planning, preparedness and mitigation of major chemical accidents at
a site in the State.
(d) continuously monitor the post accident situation arising out of a major chemical accident in the state and
forward a report to the Central Crisis Group;
(e) review the progress report submitted by the District Crisis groups;
(f) respond to queries addressed to it by the District Crisis groups;
(g) publish a list of experts and officials in the state who are concerned with the management of chemical
accidents.
8. Constitution of the District and Local Crisis Group:
(1) The State Government shall cause to be constituted within thirty days from the date of commencement of these
rules, -
(a) District Crisis Groups;
(b) Local Crisis Groups;
(2) The composition of the District Crisis Group and the Local Crisis Groups shall be as specified in Schedules 7 and 8
respectively.
(3) The District Crisis Group shall meet every forty five days and send a report to the State Crisis Group;
(4) The Local Crisis Group shall meet every month and forward a copy of the proceedings to the District Crisis Group.
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9. Functions of the District Crisis Group:
(1) The District Crisis Group shall be the apex body in the district to deal with major chemical accidents and to provide
expert guidance for handling major chemical accidents.
(2) Without prejudice to the functions specified under sub-rule (1), the District Crisis Group shall, -
(a) assist in the preparation of the district off-site emergency plan;
(b) review all the on-site emergency plans prepared by the occupier of Major Accident Hazards installation for
the preparation of the district off-site emergency plan;
(c) assist the district administration in the management of chemical accidents at a site lying within the
district.
(d) Continuously monitor every chemical accident;
(e) Ensure continuous information flow from the district to the Centre and State Crisis Group regarding
accident situation and mitigation efforts;
(f) Forward a report of the chemical accident within fifteen days to the State Crisis Group;
(g) Conduct at least one full scale mock-drill of a chemical accident at a site each year and forward a report
of the strength and the weakness of the plan to the State Crisis Group.
10. Functions of the Local Crisis Group:
(1) The Local Crisis Group shall be the body in the industrial pocket to deal with chemical accidents and coordinate
efforts in planning, preparedness and mitigation of a chemical accident;
(2) Without prejudice to the functions specified under sub-rule (1), the Local Crisis Group shall, -
(a) prepare local emergency plan for the industrial pocket;
(b) ensure dovetailing of the local emergency plan with the district off-site emergency plan;
(c) train personnel involved in chemical accident management;
(d) educate the population likely to be affected in a chemical accident about the remedies and existing
preparedness in the area;
(e) conduct at least one full scale mock-drill of a chemical accident at a site every six months and forward a
report to the District Crisis Group.
(f) Respond to all public inquiries on the subject.
11. Powers of the Members of the Central, State and District Crisis Groups:
(1) The Members of the Central Crisis Group, State Crisis Groups and District Crisis Groups shall be deemed to be
persons empowered by the Central Government in this behalf under sub-section (1) of section 10 of the
Environment (Protection) Act, 1986.
12. Aid and assistance for the functioning of the District and Local Crisis Groups:
(1) The Major Accident Hazard installations in the industrial pockets in the district shall aid, assist and facilitate
functioning of the District Crisis Group.
(2) The Major Accident Hazard installations in the industrial pockets shall also aid, assist and facilitate the functioning
of the Local Crisis Group.
13. Information to the public:
(1) The Central Crisis Groups shall provide information on request regarding chemical accident prevention,
preparedness and mitigation in the country.
(2) The State Crisis Group shall provide information on request regarding chemical accident prevention, preparedness
and mitigation to the public in the state.
(3) The 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.
(4) The Local Crisis Group shall assist the Major Accident Hazard installations in the industrial pocket in taking
appropriate steps to inform persons likely to be affected by a chemical accident.
SCHEDULE – 5
[See rule 3(2)]
Composition of the Central Crisis Group

i Secretary, Govt. of India, Ministry of Environment & Forests Chair person
ii Joint Secretary/ Adviser (Environment & Forests) Member
Secretary
iii Joint Secretary (labour) Member
iv Joint Secretary / Adviser (Chemical & Petrochemicals) Member
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v Director General, Civil Defence Member
vi Fire Advisor, Directorate General Civil Defence Member
vii Chief Controller of Explosives Member
viii Joint Secretary (Deptt. Of Industries) Member
ix Director General, Indian Council of Medical Research Member
x Joint secretary (Health) Member
xi Chairman, Central Pollution Control Board Member
xii Director General, Indian Council of Agriculture Research Member
xiii Director General, Council of Scientific & Industrial Research Member
xiv 4 Experts (Industrial Safety and Health) Member
xv Joint Secretary (Fertilizers) Member
xvi Director General (Telecom) Member
xvii 2 Representatives of Industries to be nominated by the Central Member

Government
xviii Joint Secretary (Surface Transport) Member
xix General Manager (Rail Safety) Member
xx Adviser, Centre for environment and Explosive Safety Member
xxi One Representative of Indian Chemical Manufacturers Association to Member

be nominated by the Central Government
SCHEDULE – 6
[See rule 6 (2)]
Composition of the State Crisis Group
i Chief Secretary Chair-person
ii Secretary (Labour) Member secretary
iii Secetary (Environment) Member
iv Secretary (Health) Member
v Secretary (Industries) Member
vi Secretary (Public Health Engg.) Member
vii Chairmen, State Pollution Control Board Member
viii 4-Eperts (Industrial Safety & Health) to be nominated by Member

the State Government
ix Secretary / Commissioner (Transport) Member
x Director (Industrial Safety) Chief Inspector of Factories Member
xi Fire Chief Member
xii Commissioner of Police Member
xiii One Representative from the Industry to be nominated by Member

the State Government
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SCHEDULE – 7
[See rule 8]
Composition of the District Crisis Group
i District Collector Chair-person
ii Inspector of Factories Member Secretary
iii District Energy Officer Member
iv Chief Fire Officer Member
v District Information Officer Member
vi Controller of Explosives Member
vii Chief, Civil Defence Member
viii One Representative of Trade Unions to be nominated by Member

the District Collector
ix Deputy Superintendent of Police Member
x District Health Officer / Chief Medical Officer Member
xi Commissioner, Municipal Corporations Member
xii Representative of the Department of Public Health Member

Engineering
xiii Representative of pollution Control Board Member
xiv District Agriculture Officer Member
xv 4-Experts (Industrial Safety & Health) to be nominated by Member

the District Collector
xvi Commissioner (Transport) Member
xvii One Representative of Industry to be nominated by the Member

District Collector
xviii Chair-person / Member-secretary of Local Crisis Group Member
SCHEDULE – 8
[See rule 8]
Composition of the Local Crisis Groups
i Sub-divisional Magistrate / Chair person District Emergency Chair person

Authority
ii Inspector of Factories Member Secretary
iii Industries in the District / Industrial area/ industrial pocket Member
iv Tranport of hazardous Chemicals (2 numbers) Member
v Fire Officer Member
vi Station House Officer (Police) Member
vii Block Development Officer Member
viii One Representative of Civil Defence Member
ix Primary Health Officer Member
x Editor of local news paper Member
xi Community leader / Sarpanch / Village Pradhan nominsted Member

by chair-person
xii One Representative of Non-Government Organisation to be Member

nominated by the Chair-person
xiii Two Doctors eminent in the Local area, to be nominated by Member

Chair-person
xiv Two Social Workers to be nominated by the Chair-person
Source: Gazette of India : Extra Ordinary
Ministry of Environment & Forests Notification, 1st August 1996.
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• NOTIFICATION
• New Delhi, the 17th September, 2003.
• S.O. 1069(E).- In exercise of the powers conferred by sections 6, 8 and 25 of the Environment ( Protection) Act,
1986 ( 29 of 1986), the Central Government hereby makes the following rules further to amend the Bio-Medical Waste
( Management and Handling) Rules, 1998, namely:-
• 1. (1) These rules may be called the Bio-Medical Waste (Management and Handling)
(Amendment) Rules, 2003.
• (2) They shall come into force on the date of their publication in the Official Gazette.
• 2. In rule 7 of the Bio-Medical Waste (Management and Handling) Rules, 1998 (hereinafter referred to as the said
rules),-
• (a) in sub-rule (1), for the opening words “The prescribed authority for
enforcement”,the words “Save as otherwise provide, the prescribed authority for enforcement”
shall be substituted;
• (b) after sub-rule (1), the following sub-rule shall be inserted, namely:-
• “(1A). The prescribed authority for enforcement of the provisions of these rules in respect of all health care establishments
including hospitals, nursing homes, clinics, dispensaries, veterinary institutions, Animal houses, pathological laboratories and
blood banks of the Armed Forces under the Ministry of Defence shall be the Director General, Armed Forces Medical
Services.”.
• 3. In the said rules , existing rule 9 shall be re-numbered as sub-rule (1) thereof , and after sub-rule (1) as so re-
numbered, the following sub-rule shall be inserted , namely:-
• “ (2) Notwithstanding anything contained in sub-rule ( 1) , the Ministry of Defence shall constitute in that
Ministry, an Advisory Committee consisting of the following in respect of all health care establishments including hospitals,
nursing homes, clinics, dispensaries, veterinary institutions, animal houses, pathological laboratories and blood banks of the
Armed Forces under the Ministry of Defence , to advise the Director General, Armed Forces Medical Services and the Ministry
of Defence in matters relating to implementation of these rules, namely:-
• (1) Additional Director General of
• Armed Forces Medical Services …….. Chairman
• (2) A representative of the Ministry of
• Defence not below the rank of Deputy
• Secretary, to be nominated by that Ministry …….. Member
• (3) A representative of the Ministry of Environment
• and Forests not below the rank of Deputy Secretary
• To be nominated by that Ministry. …….. Member
• (4) A representative of the Indian Society of
• Hospitals Waste Management, Pune …….. Member”
• In the said rules, after rule 9, the following rule shall be inserted,
• namely:-
•
• “9A. Monitoring of implementation of the rules in Armed Forces Health Care Establishments.-
• The Central Pollution Control Board shall monitor the implementation of these rules in respect of all the Armed
Forces
• health care establishments under the Ministry of Defence.
• (2) After giving prior notice to the Director General Armed Forces
• Medical Services, the Central Pollution Control Board along with
• one or more representatives of the Advisory Committee constituted
• under sub-rule (2) of rule 9 may, if it considers it necessary, inspect
• any Armed Forces health are establishments.”
• 5. In the said rules, existing rule 13 shall be re-numbered as sub-rule (1)
• thereof; and-
• (a) in sub-rule (1), as so re-numbered, for the opening portion, for
• the words “ Any person” , the words, brackets and figure “ Save
• as otherwise provided in sub-rule (2), any person ” shall be
• substituted ;
• after sub-rule (1) as so re-numbered, the following sub-rule shall
• be inserted, namely:-
• “(2) Any person aggrieved by an order of the Director General, Armed
• Forces Medical Services under these rules may, within thirty days
• from the date on which the order is communicated to him prefer an
• appeal to the Central Government in the Ministry of Environment and
• Forests.”.
• [F. No.23-2/96-HSMD]
• Dr. V. RAJAGOPAL, Jt. Secy.
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• Note: The Principle rules were published in the Gazette of India vide tification number S.O. 630 (E) dated 20.7.98
and subsequently amended vide-
• (1) S.O.201 (E) dated 6.3.2000; and (2) S.O.545 (E) dated 2.6.2000.
HRR/MSU/ES/905/U1/201112 173 OF 290

• NOTIFICATION
• New Delhi, the 23rd October, 2006.
• S.O. 1818 (E). - Whereas certain draft rules to amend the Breeding of and Experiments on Animals (Control and
Supervision) Rules, 1998 were published, as required by sub-sections(1), (1A) and (2) of section 17 of the Prevention of
Cruelty to Animals Act, 1960 (59 of 1960), under the notification of the Government of India in the Ministry of Environment
and Forests number S.O.42(E) dated 10th January, 2006 inviting suggestions from all the persons likely to be affected
thereby, before the expiry of the period of thirty days from the date on which copies of the Gazette containing the said
notification are made available to the public;
• And whereas the said Gazette was made available to the public on 10th January, 2006;
• And whereas the objections/suggestion received in respect of the said draft rules, have been duly considered;
• Now, therefore, in exercise of the powers conferred by sub-section (1), (1A) and (2) of Section 17 of the Prevention of
Cruelty to Animals Act, 1960 (59 of 1960), the Committee for the purpose of control and supervision of experiments on
animals hereby makes the following rules to amend the Breeding of and Experiments on Animals (Control & Supervision)
Rules, 1998, namely:-
• 1. (1) These rules may be called the Breeding of and Experiments on Animals (Control and Supervision) Amendment
Rules, 2006.
• (2) They shall come into force on the date of their final publication in the Official Gazette.
• In the Breeding of and Experiments on Animals (Control and Supervision) Rules, 1998 (hereinafter referred to as the said
rules), in rule 2, for clause (e), the following clause shall be substituted, namely:-
• ‘(e) “Experiment” means any programme or project involving use of animal(s) for the acquisition of knowledge of a
biological, physiological, ethological, physical or chemical nature; and includes the use of animal(s) in the production of
reagents and products such as antigens and antibodies, routine diagnostics, testing activity and establishment of transgenic
stocks, for the purpose of saving or prolonging life or alleviating suffering or significant gains in well being for people of the
country or for combating any disease whether of human beings or animals;'
• 3. In rule 9 of the said rules, -
• (1) after clause (b), the following clause shall be inserted, namely:-
• "(bb) animals lowest on the phylogenetic scale which may give scientifically valid results should be first considered for any
experimental procedure and the experiment should be designed using minimum number of animals to give statistically valid
results at 95% degree of confidence:
• Provided that replacement alternatives not involving experiments on animals should be given due and full consideration and
sound justification must be provided in case alternatives, though available, are not used;” ;
• (2) after clause (c), the following clause shall be inserted, namely:
• "(cc) (i) personnel using experimental animal(s) shall be responsible for the welfare of animal(s) during their use in
experiments;
• (ii) investigators shall be responsible for the aftercare and rehabilitation of animal(s) after experimentation, and shall not
euthanise animal(s) except in situations as defined in clause (ff);
• (iii) costs of aftercare and rehabilitation of animal(s) after experimentation shall be made part of research costs and shall be
scaled in positive correlation with the level of costs involved in such aftercare and rehabilitation of the animal(s);
• (iv) rehabilitation treatment of an animal after experimentation shall extend till the point the animal is able to resume a
normal existence by providing a lump-sum amount as costs for rehabilitation and care of such animal to cover its entire
statistical expected life span; and
• (v) the establishment undertaking experiments or duly licensed and authorised animal welfare organization under the
control of the Committee may, on payment of lump-sum amount, undertake rehabilitation of animals;”;
• (3) after clause (f), the following clause shall be inserted, namely:-
• "(ff) the following parameters shall be adopted for application of euthanasia, namely:-
• (i) when the animal is paralyzed and is not able to perform its natural functions or it becomes incapable of
independent locomotion or it can no longer perceive the environment in an intelligible manner; or
• (ii) if during the course of experimental procedure the animal has been left with a recurring pain wherein the animal
exhibits obvious signs of pain and suffering; or
• (iii) where the non-termination of the life of the experimental animal will be life threatening to human beings or other
animals;”.
•
• (1) for clause (b), the following clause shall be substituted, namely:-
• “(b) (i) an establishment shall acquire animal(s) for experiments from registered breeders only;
• (ii) in case of non-availability of animal(s) from registered breeders, the animal(s) may be procured from alternate legal
sources;
• (iii) in case the animal is procured from the alternate legal sources, the same shall be procured after taking written
permission from the authority competent under the law for the time being in force, to give such permission; and
• (iv) the establishment procuring such animal shall maintain a record in this regard and shall produce the same before the
Committee, whenever required;” ;
• (2) for clause (e), the following clause shall be substituted, namely:-
• “(e) In case an animal is not available from a registered breeder or from alternate legal sources within the country,
genetically defined animals may be imported with permission of Directorate General of Foreign Trade:
• Provided that the condition of non-availability within the country shall not apply for laboratory bred rats and mice of
genetically defined strains;”.
• 5. For rule 12 of the said rules, the following rule shall be substituted, namely:-
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• “12. Contract animal experiments. - Registered establishments may undertake contract research on behalf of any other
agency in accordance with the Prevention of Cruelty to Animals Act, 1960 (59 of 1960) and the rules made thereunder.”.
• 6. In rule 14 of the said rules, for clause (a), the following clause shall be substituted, namely:-
• “(a) The Committee, if it is satisfied with the report of the Member-Secretary or the authorized officer of the Committee
(made to it as a result of any inspection or information received or otherwise) that -
• (i) the rules made by it are not being complied with by an establishment or breeder; or
• (ii) a violation of the directions of the Committee has been committed by any establishment or breeder and the Committee’s
directions to rectify such violation have not been complied within the period so specified,
• the Committee may, by order in writing, suspend or revoke the registration of the establishment or breeder and/or direct
closure of the animal house facility for such a period as may be specified in the order:
• Provided that no order under this clause shall be made without giving the establishment or breeder any opportunity of being
heard in the matter:
• Provided further that no order for suspension or revocation of registration, or closure of animal house facility shall be issued
in a case of minor violation.
• Explanation:- for the purposes of this clause, “minor violation” means an act of commission or omission which does not
have direct bearing on the health of an animal which may not lead to adverse health effect or pain or suffering or death of
an animal.”.
• (F.No.25/04/2005-AWD)
• (Somya T. Dave)
• Member Secretary,
• Committee for the Purpose of Control and Supervision of Experiments on Animals
• Note:- The principal rules were published in the Gazette of India, Extraordinary, vide number S.O. 1074 dated 15th
December, 1998 and subsequently amended vide number S.O.134(E) dated 15th February, 2001.
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The Noise Pollution (Regulation and Control) Rules, 2000
WHEREAS the increasing ambient noise levels in public places from various sources, inter-alia,
industrial activity, construction activity, construction activity, generator sets, loud speakers, public address
systems, music systems, vehicular horns and other mechanical devices have deleterious effects on human
health and the psychological well being of the people; it is considered necessary to regulate and control
noise producing and generating sources with the objective of maintaining of ambient air quality standards
in respect of noise;
WHEREAS a draft of Noise Pollution (Control and Regulation) Rules, 1999 was published under the
notification of the Government of India in the Ministry of Environment and forest vide number S.O.
528(E) dated the 28th June, 1999 inviting objection and suggestion from all the persons likely to be
affected thereby, before the expiry of the period of sixty days from the date on which the copies of the
Gazette containing the said notification are made available to the public;
AND WHEREAS copies of the said Gazette were made available to the public on the 1st day of July,
1999;
AND WHEREAS the objections and suggestions received from the public in respect of the said draft
rules have been duly considered by the Central Government.
Now, therefore, in exercise of the powers conferred by clause (ii) of sub-section (2) of section 3, sub-
section (1) and clause (b) of sub-section (2) of section 6 and section 25 of the Environment (Protection)
Act, 1986 (29 of 1986) read with rule 5 of the Environment (Protection) Rules, 1986, the Central
Government hereby makes the rules for the regulation and control of noise producing and generating
sources, namely:-
The Noise Pollution (Regulation and Control) Rules, 2000.

1. Short-title and commencement :-
(1)
These rules may be called the Noise Pollution (Regulation and Control) Rules, 2000.
2.
Definitions : In these rules, unless the context otherwise requires :-
(a)
"Act" means the Environment (Protection) Act, 1986 (29 of 1986);
(b)
"area/zone" means all areas which fall in either of the four categories given in the Schedule annexed to these rules;
(c)
"authority" means and includes any authority or officer authorized by the Central Government, or as the case may be,
the State Government in accordance with the laws in force and includes a District Magistrate, Police Commissioner, or
any other officer nor below the rank of the Deputy Superintendent of Police designated for the maintenance of the
ambient air quality standards in respect of noise under any law for the time being in force;
(d)
"court" means a governmental body consisting of one or more judges who sit to adjudicate disputes and administer
justice and includes any court of law prescribed over by a judge, judges or a magistrate and acting as a tribunal in civil,
taxation and criminal cases;
(e)
"educational institution" means a school, seminary, college, university, professional academies, training institutes or
other educational establishment, not necessarily a chartered institution and includes not only buildings, but also all
grounds necessary for the accomplishment of the full scope of educational instruction, including those things essential to
mental, moral and physical development;
(f)
"hospital" means an institution for the reception and care of sick, wounded, infirm or aged persons, and includes
HRR/MSU/ES/905/U1/201112 176 OF 290

government or private hospitals, nursing homes and clinics.

(g)
"person" shall include any company or association or body of individuals, whether incorporated or not.
(h) "State Government" in relation to a Union Territory means the Administrator thereof appointed under article 239 of the
Constitution.
3.
Ambient air quality standards in respect of noise for different areas/zones:
(1)
The ambient air quality standards in respect of noise for different areas/zones shall be such as specified in the Schedule
annexed to these rules.
(2)
The State Government shall categorize the areas into industrial, commercial, residential or silence areas/zones for the
purpose of implementation of noise standards for different areas.
(3)
The State Government shall take measures for abatement of noise including noise emanating from vehicular movements
and ensure that the existing noise levels do not exceed the ambient air quality standards specified under the rules.
(4)
All development authorities, local bodies and other concerned authorities while planning developmental activity or
carrying out functions relating to town and country planning shall take into consideration all aspects of noise pollution as
a parameter of quality of life to avoid noise menace and to achieve the objective of maintaining the ambient air quality
standards in respect of noise.
(5) An area comprising not less than 100 meters around hospitals, educational institutions and courts may be declared as
silence area/zone for the purpose of these rules.
4.
Responsibility as to enforcement of noise pollution control measures :
(1)
The noise levels in any area/zone shall not exceed the ambient air quality standards in respect of noise as specified in
the Schedule.
(2) The authority shall be responsible for the enforcement of noise pollution control measures and the due compliance of the
ambient air quality standards in respect of noise.
5.
Restriction on the use of loud speakers/public address system:
(1)
A loud speaker or a public address system shall not be used except after obtaining written permission from the
authority.
(2)
A loud speaker or a public address system shall not be used at night (between 10.00 pm to 6.00 am) except in closed
premises for communication within e.g. auditoria, conference rooms, community halls and banquet halls.
(3) Not withstanding any thing contained in sub-rule(2). The State Government may subject to such terms and conditions
as are necessary to reduce noise pollution permit use of loud speakers or public address systems during night hours
(between 10.00 p.m. to 12.00 midnight) on or duing any cultural or religious festive occasion of a limited duration not
exceeding fifteen days in all during a calendar year.
(Added vide S.O. No. 1088(E) dated 11th October, 2002)
6.
Consequences of any violation in silence zone/area:-
Whoever, in any place covered under the silence zone/area commits any of the following offence, he shall be liable for penalty
under the provision of the Act:-
(i)
whoever, plays any music or uses any sound amplifiers,
(ii)
whoever, beats a drum or tom-tom or blows a horn either musical or pressure, or trumpet or beats or sounds any
instrument, or
(iii) whoever, exhibits any mimetic, musical or other performances of a nature to attract crowds.
7.
Complaints to be made to the authority:-
(1)
A person may, if the noise level exceeds the ambient noise standards by 10 dB(A) or more given in the corresponding
columns against any area/zone, make a complaint to the authority.
(2) The authority shall act on the complaint and take action against the violator in accordance with the provisions of these
HRR/MSU/ES/905/U1/201112 177 OF 290
rules and any other law in force.
8.
Power to prohibit etc. continuance of music sound or noise:-
(1)
If the authority is satisfied from the report of an officer incharge of a police station or other information received by him
that it is necessary to do so in order to prevent annoyance, disturbance, discomfort or injury or risk of annoyance,
disturbance, discomfort or injury to the public or to any person who dwell or occupy property on the vicinity, he may, by
a written order issue such directions as he may consider necessary to any person for preventing, prohibiting, controlling
or regulating:-
(a)
the incidence or continuance in or upon any premises of -
(i)
any vocal or instrumental music,
(ii)
sounds caused by playing, beating, clasing, blowing or use in any manner whatsoever of any instrument
including loudspeakers, public address systems, appliance or apparatus or contrivance which is capable of
producing or re-producing sound, or
(b)
the carrying on in or upon, any premises of any trade, avocation or operation or process resulting in or attended
with noise.
(2)
The authority empowered under sub-rule(1) may, either on its own motion, or on the application of any person
aggrieved by an order made under sub rule(1), either rescind, modify or alter any such order:
Provided that before any such application is disposed of, the said authority shall afford to the applicant an opportunity of
appearing before it either in person or by a person representing him and showing cause against the order and shall, if it
rejects any such application either wholly or in part, record its reasons for such rejection.
THE NATIONAL ENVIRONMENT TRIBUNAL ACT, 1995

NO.27 OF 1995
17th June, 1995
An Act to provide for strict liability for damages arising out of any accident occurring while handling any hazardous substance and for
the establishment of 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.
WHEREAS decisions were taken at the United Nations Conference on Environment and Development held at Rio de Janeiro in June,
1992, in which India participated, calling upon the States to develop national laws regarding liability and compensation for the victims
of pollution and other environmental damages;
AND WHEREAS it is considered expedient to implement the decisions of the aforesaid Conference so far as they relate to the
protection of environment and payment of compensation for damage to persons, property and the environment while handling
hazardous substances;
BE it enacted by Parliament in the Forty-sixth Year of the Republic of India as follows:-
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CHAPTER I
PRELIMINARY
(1) This Act may be called the National Environment Tribunal Act, 1995.
(2) It shall come into force on such date or dates as the Central Government may, by notification, appoint, and different dates may be
appointed for different States and any reference in any provision of this Act to the commencement of this Act shall be construed in
relation to any State or part thereof as a reference to the coming into force of that provision in that State or part thereof.
2. Definitions.
In this Act, unless the context otherwise requires;--
(a) "accident" means an accident involving a fortuitous or sudden or unintended occurrence while handling any hazardous
substance resulting in continuous or intermittent or repeated exposure to death of, or injury to, any person or damage to
any property or environment but does not include an accident by reason only of war or radio-activity;
(b) "Bench" means a Bench of the Tribunal;
(c) "Chairperson" means the Chairperson of the Tribunal;
(d) "environment" includes water, air and land and the interrelationship which exists among and between water, air and
land, and human beings, other living creatures, plants, microorganism and property;
(e) "handling", in relation to any hazardous !substance, means the manufacture, processing; treatment; package; storage;
transportation by vehicle, use, collection, destruction, conversion, offering for sale, transfer or the like of such hazardous
substance;
(f) "hazardous substance" means any substance or preparation which is defined as hazardous substance in the Environment
(Protection) Act, 1986, (29 of 1986.) and exceeding such quantity as specified by the Central Government under the Public
Liability Insurance Act, 1991; (6 of 1991.)
(g) "Judicial Member" means a Member of the Tribunal appointed as such under this Act, and includes,the Chairperson or a
Vice-Chairperson who possesses any of the qualifications specified in sub-section (3) of section 10;
(h) "Member" means a Member (whether Judicial or Technical) of the Tribunal and includes the Chairperson and a Vice-
Chairperson;
(i) "notification" means a notification published in the official Gazette;
(j) "prescribed' means prescribed by ruler. made under this Act;
(k) "rules" means the rules made under this Act;
(l) "Technical Member" means a Member of the Tribunal who is not a Judicial Member within the meaning of clause (g);
(m) "Tribunal" means the National Environment Tribunal established under section 8;
(n) "Vice-Chairperson" means the Vice-Chairperson of the Tribunal.
Explanation.-In the case of the Tribunal having two or more Vice-Chairpersons, references to the Vice-Chairperson in this
Act shall be construed as a reference to each of those Vice-Chairpersons;
(o) "owner" means a person who owns, or has control over handling, any hazardous substance at the time of accident and
includes,-
(i) in the case of a firm, any of its partners;
(ii) in the case of an association, any of its members; and
(iii) in the case of a company, any of its directors, managers, secretaries or other officers who is directly in charge
of, and is responsible to, the company for the conduct of the business of the company.
CHAPTER II
COMPENSATION FOR DEATH OF, OR INJURY TO, A PERSON AND DAMAGE TO PROPERTY AND ENVIRONMENT
3. Liability to pay compensation in certain cases on principle of o fault.
(1) 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.
(2) In any claim for compensation under sub-section (1), 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.
Explanation-For the purposes of this section-
(i) "workman" has the meaning assigned to it in the Workmen's Compensation Act, 1923; (8 of 1923.)
(ii) "injury" includes permanent total or permanent partial disability or sickness resulting out of an accident.
(3) 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.
4. Application for claim for compensation.
(1) 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 authorised 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 recognised 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:
Provided that where all the legal representatives of the deceased have not joined in any such application for compensation, the
application shall be made on behalf of or for the benefit of all the legal representatives of the deceased and the legal representatives
who have not so joined shall be impleaded as respondents to the application.
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(2) The Tribunal may, if it thinks fit, take up the cases for claims for compensation suo motu.
(3) Any claimant making an application under sub-section (1) may also make an application before the Tribunal for such relief as is
provided in the Public Liability Insurance Act, 1991: (6 of 1991.)
Provided that no such application shall be made if the relief has been received by the claimant earlier or an application made by the
claimant to the Collector under the said Act is pending and has not been withdrawn.
(4) The Tribunal shall have, and exercise, the same jurisdiction, powers and authority in respect of the matters specified in the Public
Liability Insurance Act, 1991 ( 6 of 1991.) as the Collector has and may exercise and, for this purpose; the provisions of that Act shalt
have effect subject to the modification that the references therein to the Collector shall be construed as including a reference to the
Tribunal.
(5) Every application under sub-section (1) shall be made to the Tribunal and shall contain such particulars and shall be accompanied
by such documents and such fee, not exceeding one thousand rupees, as may be prescribed:
Provided that no fee shall be payable by a person whose annual income is below the prescribed limit or by a representative body or
Organisation referred to in clause (e) of sub-section (1) or by the Central Government, a State Government or a local authority.
(6) No application for compensation shall be entertained unless it is made within five years of the occurrence of the accident
5. Procedure and powers of Tribunal.
(1) On receipt of an application under sub-section (1) of section 4, the Tribunal may, after such inquiry as it may deem fit, reject the
application summarily.
(2) Where the Tribunal does not reject the application under sub-section (1), the Tribunal may, after giving notice of the application
to the owner and after giving the parties an opportunity of being heard, hold an inquiry into the claim or each of the claims and may
make art award determining the amount of compensation which appears to be just and specifying the person or persons to whom
such amount of compensation shall be paid.
(3) The Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908, (5 of 1908.) but shall be guided
by the principles of natural justice and, subject to the other provisions of this Act and of any rules, the Tribunal shall have power o
regulate its own procedure including the fixing of places and times of its inquiry.
(4) The Tribunal shall have, for the purpose of discharging its functions under this Act, the same powers as are vested in a civil court
under the Code of Civil Procedure, 1908, (5 of 1908.) while trying a suit, in respect of the following matters. namely:-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872, (1 of 1872.) requisitioning any public
record or document or copy of such record or document from any office;
(e) issuing commissions for the examination of witnesses or documents;
(f) reviewing its decisions;
(g) dismissing an application or deault or deciding it ex parte;
(h) setting aside any order of dismissal of any application for default or any order passed by it ex parte; and
(i) any other matter which is to be, or may be, prescribed.
6. Conditions as to making of interim orders.
Notwithstanding anything contained in any other provision of this Act or in any other law for the time being in force, no interim order
(whether by way of injunction or stay or in any other manner) shall be made on, or in any proceedings relating to, an application
unless-
(a) copies of such application and of all documents in support of the plea for such interim order are furnished to the party
against whom such application is made or proposed to be made; and
(b) opportunity is given to such party to be heard in the matter:
provided that the Tribunal may dispense with the requirements of clauses (a) and (b) and make an interim order as an exceptional
measure if it is satisfied, for reasons to be recorded in writing, that it is necessary so to do for preventing any loss or damage being
caused to the applicant which cannot be adequately compensated in Money but any such interim order shall, if it is not Sooner
vacated, cease to have effect on the expiry of a period of fourteen clays from the date on which it is made unless the said
requirement have been complied with before the expiry of that period and the Tribunal has continued the operation of the interim
order.
7. Reduction of amount of relief paid under any other law.
Where in respect of death of, or injury to, any person or damage to any property, the owner, liable to pay compensation under this
Act, is also liable to pay any amount as relief under the Public Liability Insurance Act, 1991 (6 of 1991.) or any other compensation
under any other law, the amount of compensation payable under this Act shall be reduced by the amount of relief and other
compensation paid under any other law.
CHAPTER III
ESTABLISHMENT OF NATIONAL ENVIRONMENT TRIBUNAL AND BENCHES THEREOF
8. Establishment of National Environment Tribunal.
The Central Government shall, by notification, establish a Tribunal, to be known as the National Environment Tribunal, to exercise the
jurisdiction, powers and authority Conferred on it by or under this Act.
9. Composition of Tribunal and Benches thereof.
(1) The Tribunal shall consist of a Chairperson and such number of Vice-Chairpersons, Judicial Members and Technical Members as
the Central Government may deem fit and, subject to the other provisions if this Act, the jurisdiction, powers and authority of the
Tribunal may be exercised by Benches thereof.
(2) Subject to the other provisions of this Act, a Bench shall consist of one Judicial Member and one Technical Member.
(3) Notwithstanding anything contained in sub-section (1), the Chairperson-
(a) may, in addition to discharging the functions of the Judicial Member of the Technical Member of the Bench to which he is
appointed, discharge the functions of the Judicial Member or, as the case may be, the Technical Member, of any other
Bench;
(b) may transfer the Vice-Chairperson or other Member from one Bench to another Bench;
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(c) may authorise the Vice-Chairperson or the Judicial Member or the Technical Member appointed to one Bench to
discharge also the functions of the Vice-Chairperson or, as the case may be, the Judicial Member or the Technical Member of
another Bench; and
(d) may, for the purpose of securing that any case or cases which, having regard to the nature of the questions involved,
requires or require, hi his opinion or under the rules made by the Central Government in this behalf, to be decided by a
Bench composed of more than two Members issue such general or special orders, as he may deem fit:
Provided that every Bench constituted in pursuance of this clause shall include at least one Judicial Member and one Technical
Member.
(4) Notwithstanding anything contained in the foregoing provisions of this section, it shall be competent for the Chairperson or any
other Member authorised by the Chairperson in this behalf to function as a Bench consisting of a single Member and exercise the
jurisdiction, powers and authority of the Tribunal in respect of such classes of cases or such matters pertaining to such classes, of
cases as the Chairperson may, by general or special order, specify:
Provided that if at any stage of the hearing of any such case or matter, it appears to the Chairperson or such Member that the case or
matter is of such a nature that, it ought to be, heard by a Bench consisting of two Members, the case or matter may be transferred by
the Chairperson or, as the, case pay be referred to him for transfer to such Bench as the Chairperson may deem fit.
(5) Subject to the other provisions of this Act, the Benches of the Tribunal shall ordinarily sit at New Delhi (which shall be known as
the principal Bench) and at such other places as the Central Government may, by notification, specify.
10. Qualifications for appointment as Chairperson, Vice-Chairperson or other Member.
(1) A person shall not be qualified for appointment as the Chairperson unless he.-
(a) is, or has been, a Judge of the Supreme Court or a High Court; or
(b) has, for at last two year", held the office of Vice-Chairperson.
(2) A person shell not be qualified for appointment as the Vice-Chairperson unless he-
(a) is, or has been, a Judge of a High Court; or
(b) has, for at least two years, held the post of a Secretary to the Government of India or any other post under the Central
or a State Government carrying a scale of pay which is not less then that of a Secretary to the Government of India; or
(c) (i) has, for at least five years, held the post of an Additional Secretary to the Government of India or any other post
under the Central or a State Government carrying a scale of pay which is not less than that of an Additional Secretary to the
Government of India; and
(ii) has adequate, knowledge of, or experience in, legal, administrative, scientific or technical aspects of the problems
relating to environment; or
(d) has for at least three years, held office as a Judicial Member or a Technical Member,
(3) A person shall not be qualified for appointment as a Judicial Member unless he--
(a) is, or has been, or is qualified to be, a Judge of a High Court; or
(b) has been a member of the Indian Legal Service and has held a post in grade I of that Service for at least three years.
(4) A person shall not be qualified for appointment as a Technical Member unless he has adequate knowledge of, or experience in, or
capacity to deal with, administrative, scientific or technical aspects of the problems relating to environment.
(5) Subject to the provisions of subsections (6) and (7), the Chairperson, Vice-Chairperson and every other Member of the Tribunal
shall be appointed by the President.
(6) No appointment of a person possessing the qualifications specified in this section as the Chairperson or the Vice-Chairperson shall
be made except after consultation with the Chief Justice of India.
(7) No appointment of a person as a Judicial Member or a Technical Member shall be made except on the recommendation of a
Selection Committee appointed by the Central Government consisting of the following, namely:-
(a) Chairperson of the Tribu- Chairperson of the Committee, ex
nal. officio;
(b) Secretary to the Govern- member, ex Officio;

ment of India in the Min-
istry of Environment and
Forests
(c) Secretary to the Govern- member, ex Officio;

ment of India in the Min-
istry of Law, justice
and company Affairs (Dep-
artment of Legal Affairs)
(d) Director-General, Council member, ex officio;

of Scientific and Indus-
trial Research.
(e) an Environmentalist to be member.

nominated by the central
Government
11. Vice-Chairperson to act as Chairperson or to discharge his functions in certain circumstances.
(1) In the event of the occurrence of any vacancy in the office of the Chairperson by reason of his death, resignation or otherwise, the
Vice-Chairperson or, as the case may be, such one of the' Vice-Chairpersons' as the Central Government may, by notification,
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authorise in this behalf, shall act as the Chairperson until the date on which a new Chairperson, appointed in accordance with the
provisions of this Act to fill such vacancy, enters upon his office.
(2) When the Chairperson is unable to discharge his functions owing to absence, illness of any other cause, the Vice-Chairperson or,
as the case may be, such one of the Vice-Chairpersons, as the Central Government may, by notification, authorise in this behalf, shall
discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties.
12. Term of office.
The Chairperson, Vice-Chairperson and other Member shall hold office as such for a term of five years from the date on which he
enters upon his office, but shall be eligible for re-appointment for another term of five years:
Provided that no Chairperson, Vice-Chairperson or other Member shall hold office as such after he has attained,-
(a) in the case of the Chairperson, the age of seventy years;
(b) in the case of the Vice-Chairperson, the age of sixty-five years; and
(c) in the case of any other Member, the age of sixty-two years.
13. Resignation and removal.
(1) The Chairperson, Vice-Chairperson or other Member may, by notice in writing under his hand addressed to the President, resign
his office:
Provided that the Chairperson, Vice-Chairperson or other Member shall unless he is permitted by the President to relinquish his office
sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed
as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest.
(2) The Chairperson, Vice-Chairperson or any other Member shall not be removed from his office except, by an order made by the
President on, the ground of proved misbehaviour or incapacity after an inquiry made by a Judge of the Supreme Court in which such
Chairperson, Vice-Chairperson or other Member had been informed of the charges against him and given a reasonable opportunity of
being heard in respect of those charges.
(3) The Central Government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the
Chairperson, Vice-Chairperson or other Member referred to in sub-section (2).
14. Salaries and allowances and other terms and conditions of service of Chairperson, Vice-Chairperson and other
Member.
The salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other
retirement benefits) of, the Chairperson, Vice-Chairperson and other Member shall be such as may be prescribed:
Provided that neither the salary and allowances nor the, other terms and conditions of service of the Chairperson, Vice-Chairperson or
other Member shall be varied to his disadvantage after his appointment.
15. Provision as to the holding of Offices, by Chairperson, etc, on ceasing to be such Chairperson, etc. On ceasing to hold
office,-
(a) the Chairperson of the Tribunal shall be ineligible for further employment either under the Government of India or under
the Government of a State;
(b) the Vice-Chairperson of the Tribunal shall, subject to theother provisions of this Act, be eligible for appointment as the
Chairperson of the Tribunal, but not for any other employment either under the Government of India or under the
government of a State;
(c) a Member (other than the Chairperson or Vice-Chairperson) of the Tribunal shall, subject to the other provisions of this
Act, be eligible for appointment as the Chairperson or Vice-Chairperson of the Tribunal or as the Chairperson, Vice-
Chairperson or Member of any other Tribunal, but not for any other employment either under the Government of India or
under the Government of a State;
(d) the Chairperson, Vice-Chairperson or other Member shall not appear, act or plead before the Tribunal.
Explanation.-- For the purposes of this section, employment under the Government of India or under the Government of a State
includes employment under any local or other authority within the territory of India or under the control of the Government of India or
under any corporation or society owned or controlled by the Government.
16. Financial and administrative powers of Chairperson.
The Chairperson shall exercise such financial and administrative powers over Benches as may be vested in him under the rules:
Provided that the Chairperson shall have authority to delegate such of his financial and administrative powers as he may think fit to
the Vice-Chairperson or any other officer of the Tribunal subject to the condition that the Vice-Chairperson or such officer shall, which
exercising such delegated powers, continue to act under the direction, control and supervision of the Chairperson.
17. Staff of the Tribunal.
(1) The Central Government shall determine the nature and categories of the officers and other employees required to assist the
Tribunal in the discharge of its functions and provide the Tribunal with such officers and other employees as it may think fit.
(2) The officers and other employees of the Tribunal shall discharge: their functions under the general superintendence of the
Chairperson.
(3) The salaries and allowances and conditions of service of the officers and other employee of the Tribunal shall be such as may be
prescribed.
18. Distribution of business amongst the Benches.
(1) Where any Benches of the Tribunal are constituted, the Central Government may, from time to time by notification, make
provisions as to the distribution of the business of the Tribunal amongst the Benches and specify, the matters which may be dealt
with by each Bench.
(2) If any question arises as to whether any matter falls within the purview of the business allocated to a t3ench, the decision of the
Chairperson shall be final.
Explanation.-For the removal of doubts, it is hereby declared that the expression "matter" includes applications for interim relief.
CHAPTER IV
JURISDICTION AND PROCEEDINGS OF THE TRIBUNAL
19. Bar of jurisdiction.
On and from the commencement of this Act, no court or Other authority except the Tribunal shall have, or the entitled to exercise,
any jurisdiction, powers or authority to entertain any application or action for any claim for compensation which may entertained or
dealt with by the Tribunal.
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20. Power of Chairperson to transfer cases from one Bench to another.
On the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard,
or on his own motion without such notice, the Chairperson may transfer any case pending before one Bench, for disposal, to any other
Bench.
21. Decision to be taken by majority.
If the Members of a Bench differ in opinion on any point, the point shall be (decided according to the opinion of the majority, if there
is a majority, but if the Members are equally divided they shall state the point or points on which they differ, and make a reference to
the Chairperson who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more
of the other Members and such point or points shall be decided according to the opinion of the majority of the Members who have
heard the case including those who first heard it.
22. Deposit of amount payable for damage to environment.
(l) Where any amount of compensation is ordered to he paid under any award by the Tribunal on the ground of any damage to
environment, that amount shall be remitted to the authority specified under sub-section (3) of section 7A of the Public Liability
insurance Act, 1991 for being credited to the Environmental Relief Fund established under that section.
(2) The amount of compensation credited to the Environmental Relief Fund under sub-section (1) may be utilised by such person or
authority, in such manner and for such purposes of environment as may be prescribed.
23. Extension of award or order of Tribunal.
(1) An award made by the Tribunal under this Act shall be executable by the Tribunal as a decree of civil court, and for this purpose,
the Tribunal shall have all the powers of a civil court.
(2) Notwithstanding anything contained in sub-section (1), the Tribunal may transmit to the Collector having jurisdiction over the area
in which the accident has occurred the copy of the order made by it for payment of relief as provided in the Public Liability Insurance
Act, l991 and the Collector shall execute the order in the same manner as if it were an order made by him under that Act.
(3) Where the owner against whom the award or order is made by the Tribunal fails to make the payment or deposit the amount as
directed by the Tribunal within the period specified in the award or order, such amount shall be recoverable from the owner as arrears
of land revenue or of public demand.
24. Appeals.
(1) Save as provided in sub--section (2) and notwithstanding anything contained in the Code of Civil Procedure, 1908 or in any other
law, an appeal shall lie against any award or other order, not being an interlocutory order, of the Tribunal to the Supreme Court on
one or more of the grounds specified in section 100 of that Code.
(2) No appeal shall lie against an award or other order made by the Tribunal with the consent of the parties.
(3) Every appeal under this section shall be preferred within a period of ninety days from the date of the award or other order
appealed against:
Provided that no appeal by the person who is required to pay any amount in terms of such award shall be entertained by the Supreme
Court unless he has deposited with it the amount so awarded in the manner directed by the Supreme Court:
Provided further that the Supreme Court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied
that the appellant was prevented by sufficient cause from preferring the appeal in time.
CHAPTER V
MISCELLANEOUS
25. Penalty for failure to comply with orders of Tribunal.
Whoever fails to comply with any order made by the Tribunal, he shall be punishable with imprisonment for a term which may extend
to three years, or with fine which may extend to ten lakh rupees, or with both.
26. Offences by companies
(1) Where any offence under this Act has been committed by a company, every person who, at the time the offence was committed,
was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the
company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of
such offence.
is proved that; the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any
director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed
to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.-For the purposes of this section,-
(a) "company" means any body corporate and includes a firm or other association of individuals; and
27. Proceedings before the Tribunal to be judicial proceedings.
All proceedings before the Tribunal shall be deemed to be Judicial proceedings within the meaning of sections 193, 219 and 228 of the
Indian Penal Code.
28. Members and staff of Tribunal to be public servants.
The Chairperson, Vice-Chairperson and other Members and the officers and other employees of the Tribunal shall be deemed to be
public servants within the meaning of section 21 of the Indian Penal Code.
29. Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Central Government or against the Chairperson, Vice-Chairperson
or other Member of the Tribunal or any other person authorised by the Chairperson, Vice-Chairperson or other Member for anything
which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.
30. Act to have overriding effect
Save as provided in the Public Liability Insurance Act, 1991, the provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law
other than this Act.
31. Power to make rules
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(1) The Central Government may, by notification, make rules for carrying out the purposes of this Act.
matters, namely:-
(a) the particulars which an application shall contain, the documents and the fee which shall be accompanied with it and the
limit of annual income of a person so as to enable him to make application without paying any fee, under sub-section (5) of
section 4;
(b) any such matter in respect on which the Tribunal shall have powers of a civil court, under clause (i) of sub-section (4) of
section 5;
(c) the case or cases which, having regard to the nature of the questions involved, requires or require! to be decided by a
Bench of more than two members, under clause (d) of suNsection (3) of section 9;
(d) procedure for the investigation of misbehaviour or incapacity of the Chairperson, Vice-Chairperson or other Member of
the Tribunal under sub-section (3) of section 13;
(e) the salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson, Vice-
Chairperson and other Members under section 14;
(f) financial and administrative powers of the Chairperson over the Benches under section 16;
(g) the salaries and allowances and conditions of service of the officers and other employees of the Tribunal under sub-
section (3) of section 17;
(h) the person or the authority by whom, the manner in which and the purposes of environment for which the amount of
compensation credited to the Environmental Relief Fund shall be utilised under sub-section (2) of section 22; and
(i) any other matter which is required to be, or may be, prescribed.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in
session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before
the expiry of the session immediately following the session of the successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule Should not be made, the rule shall thereafter have effect only in such
modified from or no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to
the validity of anything previously done under that rules.
THE SCHEDULE
[See section 3(1)]
HEADS UNDER WHICH COMPENSATION FOR DAMAGES MAY BE CLAIMED
(a) Death;
(b) Permanent, temporary, total or partial disability or other injury or sickness;
(c) Loss of wages due to total or partial disability or permanent or temporary disability;
(d) Medical expenses incurred for treatment of injuries or sickness;
(e) Damages to private property;
(f) Expenses incurred by the Government or any local authority in providing relief aid and rehabilitation to the affected persons;
(g) Expenses incurred by Government for any administrative or legal action or to cope with any harm or damage, including
compensation for environmental degradation and restoration of the quality of environment;
(h) Loss to Government or local authority arising out of, or connected with, the activity causing any damage;
(i) Claims on account of any harm, damage or destruction to the fauna including milch and draught animals and aquatic fauna;
(j) Claims on account of any harm, damage or destruction to flora including aquatic flora, crops, vegetables, trees and orchards;
(k) Claims including cost of restoration on account- of any harm or damage to environment including pollution of soil, air, water, land
and eco-systems;
(l) Loss and destruction of any property other than private property;
(m) Loss of business or employment or both;
(n) any other claim arising out of, or connected with, any activity of handling of hazardous substance.
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THE NATIONAL ENVIRONMENT APPELLATE AUTHORITY ACT, 1997
ACT NO. 22 OF 1997
[26th March, 1997]
An Act to provide for the establishment of 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.
Be it enacted by Parliament in the Forty-eighth Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the National Environment Appellate Authority Act, 1997.
(2) It shall be deemed to have come into force on the 30th day of January, 1997.
2. In this Act, unless the context otherwise requires,-
(a) "Act" means the Environment (Protection) Act, 1986;
(b) "Authority" means the National Environment Appellate Authority
established under sub-section (1) of section 3;
(c) "Chairperson" means the Chairperson of the Authority;
(d) "Member" means a Member of the Authority;
(e) "prescribed" means prescribed by rules made under this Act;
(f) "Vice-Chairperson" means the Vice-Chairperson of the Authority.
CHAPTER II
ESTABLISHMENT OF AUTHORITY
3. (1) The Central Government shall, by notification in the Official Gazette,
establish a body to be known as the National Environment Appellate Authority to
exercise the powers conferred upon, and to perform the functions assigned to,
it under this Act.
(2) The head office of the Authority shall be at Delhi.
4. The Authority shall consist of a Chairperson, a Vice-Chairperson and such other
Members not exceeding three, as the Central Government may deem fit.
5. (1) A person shall not be qualified for appointment as a Chairperson unless he
has been-
(a) a Judge of the Supreme Court; or
(b) the Chief Justice of a High Court.
(2) A person shall not be qualified for appointment as a Vice-Chairperson unless he
has-
(a) for at least two years held the post of a Secretary to the Government of
India or any other post under the Central or State Government carrying a scale of
pay which is not less than that of a Secretary to the Government of India; and
(b) expertise or experience in administrative, legal, managerial or technical
aspects of problems relating to environment.
(3) A person shall not be qualified for appointment as a Member unless he has
professional knowledge or practical experience in the areas pertaining to conservation,
environmental management, law or planning and development.
(4) The Chairperson, the Vice-Chairperson and the Members shall be appointed by
the President.
6. (1) In the event of the occurrence of any vacancy in the office of the Chairperson
by reason of his death, resignation or otherwise, the Vice-Chairperson shall act as the
Chairperson until the date on which a new Chairperson appointed in accordance with the
provisions of this Act to fill such vacancy enters upon his office.
(2) When the Chairperson is unable to discharge his functions owing to absence,
illness or any other cause, the Vice-Chairperson or, as the case may be, such one of the
Member as the Central Government may, by notification, authorise in this behalf, shall
discharge the functions of the Chairperson until the date on which the Chairperson resumes
his duties.
7. The Chairperson, the Vice-Chairperson or a Member shall hold office as such for a
term of three years from the date on which he enters upon his office, but shall be eligible
for re-appointment for another term of three years:
Provided that no Chairperson, Vice-Chairperson or Member shall hold office as
such after he has attained,-
(a) in the case of the Chairperson, the age of seventy years; and
(b) in the case of the Vice-Chairperson or a Member, the age of sixty-five
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years.
8. (1) The Chairperson, the Vice-Chairperson or a Member may, by notice in
writing under his hand addressed to the President, resign his office:
Provided that the Chairperson, the Vice-Chairperson or a Member shall, unless he
is permitted by the President to relinquish his office sooner, continue to hold office until
the expiry of three months from the date of receipt of such notice or until a person duly
appointed as his successor enters upon his office or until the expiry of his term of office,
whichever is the earliest.
(2) The Chairperson, the Vice-Chairperson or a Member shall not be removed from
his office except by an order made by the President on the ground of proved misbehaviour
or incapacity after an inquiry made by a Judge of the Supreme Court in which such
Chairperson, the Vice-Chairperson or a Member had been informed of the charges against him
and given a reasonable opportunity of being heard in respect of those charges.
(3) The President may suspend from office the Chairperson, the Vice-Chairperson
or a Member in respect of whom a reference has been made to the Supreme Court under
sub-section (2) until the President has passed orders on receipt of the report of the
Supreme Court on such reference.
(4) The Central Government may, by rules, regulate the procedure for the investigation
of misbehaviour or incapacity of the Chairperson, the Vice-Chairperson or a Member
referred to in sub-section (2).
9. The salaries and allowances payable to, and the other terms and conditions of
service (including pension, gratuity and other retirement benefits) of, the Chairperson, the
Vice-Chairperson and the Members shall be such as may be prescribed by the Central
Government.
10. No act or proceedings of the Authority shall be questioned or shall be invalid
merely on the ground of existence of any vacancy or defect in the establishment of the
Authority.
CHAPTER III
JURISDICTION AND POWERS OF AUTHORITY
11. (1) 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 in such
form as may be prescribed:
Provided that the Authority may entertain any appeal after the expiry of the said
period of thirty days but not after ninety days from the date aforesaid if it is satisfied that
the appellant was prevented by sufficient cause from filing the appeal in time.
(2) For the purposes of sub-section (1), "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.
(3) On receipt of an appeal preferred under sub-section (1), the Authority shall, after
giving the appellant an opportunity of being heard, pass such orders, as it thinks fit.
(4) The Authority shall dispose of the appeal within ninety days from the date of filing
the appeal:
Provided that the Authority may for reasons to be recorded in writing, dispose of the
appeal within a further period of thirty days.
12. (1) 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 and subject
to the other provisions of this Act and of any rules made by the Central Government, the
Authority shall have power to regulate its own procedure including the fixing of places
and times of its inquiry and deciding whether to sit in public or in private.
(2) The Authority shall have, for the purposes of discharging its functions under this
Act, the same powers as are vested in a civil court under the Code of Civil Procedure,
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1908, while trying a suit, in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining
him on oath;
(d) subject to the provisions of sections 123 and 124 of the Indian Evidence
Act, 1872 requisitioning any public record or document or copy of such record or
document from any office;
(e) issuing commissions for the examination of witnesses or documents;
(f) reviewing its decisions;
(g) dismissing a representation for default or deciding it, ex parte;
(h) setting aside any order of dismissal of any representation for default or any
order passed by it ex parte; and
(i) any other matter which is required to be, or may be, prescribed by the
Central Government.
13. The Chairperson shall exercise such financial and administrative powers as
may be vested in him under the rules:
Provided that the Chairperson shall have authority to delegate such of his financial
and administrative powers as he may think fit to the Vice-Chairperson or any other officer
subject to the condition that the Vice-Chairperson or such other officer shall, while
exercising such delegated powers, continue to act under the direction, control and supervision
of the Chairperson.
14. (1) The Central Government shall determine the nature and categories of the
officers and other employees required to assist the Authority in the discharge of its
functions and provide the Authority with such officers and other employees as it may think fit.
(2) The officers and other employees of the Authority shall discharge their functions
under the general superintendence of the Chairperson.
(3) The salaries and allowances and conditions of service of the officers and other
employees shall be such as may be prescribed.
CHAPTER IV
MISCELLANEOUS
15. With effect from the date of establishment of the Authority, no civil court or
other authority shall have jurisdiction to entertain any appeal in respect of any matter with
which the Authority is so empowered by or under this Act.
16. All proceedings before the Authority shall be deemed to be judicial proceedings
within the meaning of sections 193, 219 and 228 of the Indian Penal Code.
17. The Chairperson, the Vice-Chairperson and the Members and the officers and
other employees of the Authority shall be deemed to be public servants within the meaning
of section 21 of the Indian Penal Code.
18. No suit, prosecution or other legal proceeding shall lie against the Central
Government or against the Chairperson, the Vice-Chairperson or a Member of the Authority
or any other person authorised by the Chairperson, the Vice-Chairperson or a Member for
anything which is in good faith done or intended to be done in pursuance of this Act or any
rule or order made thereunder.
19. Whoever fails to comply with any order made by the Authority, he shall be
punishable with imprisonment for a tenn which may extend to seven years, or with fine
which may extend to one lakh rupees, or with both.
20. (1) Where any offence under this Act has been committed by a company, every
person who, at the time the offence was committed, was directly in charge of, and was
responsible to, the company for the conduct of the business of the company, as well as the
company, shall be deemed to be guilty of the offence and shall be liable to be proceeded
against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person
liable to any punishment provided in this Act, if he proves that the offence was committed
without his knowledge or that he has exercised all due diligence to prevent the
commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under
this Act has been committed by a company and it is proved that the offence has been
committed with the consent or connivance of, or is attributable to any neglect on the part
of, any director, manager, secretary or other officer of the company, such director,
manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be
HRR/MSU/ES/905/U1/201112 187 OF 290
liable to be proceeded against and punished accordingly.
Explanation. - For the purposes of this section,-
(a) "company" means any body corporate and includes a firm or other association of
individuals; and
21. (1) If any difficulty arises in giving effect to the Provisions of this Act, the
Central Government may, by order published in the Official Gazette, make such
provisions, not inconsistent with the provisions of this Act, as appear to it to
be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of the period of three
years from the date on which this Act receives the assent of the President.
(2) Every order made under this section shall, as soon as may be after it is made, be
laid before each House of Parliament.
22. (1) The Central Government may, by notification, make rules for carrying out
the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following matters, namely:-
(a) the procedure under sub-section (4) of section 8 for the investigation of
misbehaviour or incapacity of the Chairperson, the Vice-Chairperson or a Member;
(b) the salaries and allowances payable to and the other terms and conditions
of service of the Chairperson, the Vice-Chairperson and the Members under section 9;
(c) the form which an appeal shall contain under sub-section (1) of section 11;
(d) financial and administrative powers of the Chairperson under section 13;
(e) the salaries and allowances and conditions of service of the officers and
other employees of the Authority;
(f) any other matter which is required to be, or may be, prescribed.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made,
before each House of Parliament, while it is in session, for a total period of thirty days
which may be comprised in one session or in two or more successive sessions, and if,
before the expiry of the session immediately following the session or the successive
sessions aforesaid, both Houses agree in making any modification in the rule or both Houses
agree that the rule should not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously
done under that rule.
23. (1) The National Environment Appellate Authority Ordinance, 1997 is hereby
repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said
Ordinance, shall be deemed to have been done or taken under the corresponding
provisions of this Act.
HRR/MSU/ES/905/U1/201112 188 OF 290

THE PUBLIC LIABILITY INSURANCE ACT, 1991

No. 6 of 1991
[22nd January, 1991]
New Delhi, the 23rd January, 1991 Magha, 3, 1912 (Saka)
The following Act of Parliament received the assent of the President on the 22nd January, 1991, and is hereby published for general
information:-
An Act to provide for public liability- insurance for the purpose of providing immediate relief to the persons affected by accident
occurring while handling any hazardous substance and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the forty-first Year of The Republic of India as follows:-
1. (1) This Act may be called the Public Liability Insurance Act, 1991.
(2) It shall come into force on such date as the Central Government may, b) notification, appoint.
2. In this Act, unless the context otherwise requires.-
1
[(a) "accident" means an accident involving a fortuitous, sudden or unintentional occurrence while handling any hazardous
substance resulting in continuous, intermittent or repeated exposure to death, of or injury to, any person or damage to any
property but does not include an accident by reason only of war or radio-activity;]
(b) "Collector� means the Collector having jurisdiction over the area in which the accident occurs;
(c) "handling", in relation to any hazardous substance, means the manufacture, processing, treatment, package, storage,
transportation by vehicle, use, collection, destruction, conversion, offering for sale, transfer or the like of such hazardous
substance;
(d)"hazardous substance" means any substance or preparation which is defined as hazardous substance under the
Environment (Protection) Act, 1986 (29 of 1986), and exceeding such quantity as may be specified, by notification, by the
Central Government;
(e) "insurance" means insurance against liability under sub-section (I) of section A:
(f) "notification" means a notification published in the official Gazette;
2
[(g) "owner" means a person who owns, or has control over handling any hazardous substance at the time of accident and
includes,-
(i) in the case of firm, any of its partners;
(ii) in the case of an association, any of its members; and
(iii) in the case or a company, any of its directors, managers, secretaries or other officers who is directly in charge of, and is
responsible to the company for the conduct of the business of the company;]
(h) "prescribed" means prescribed by rules made under this Act;
3
[(ha) "Relief Fund" means the Environmental Relief Fund establishment under section 7A �]
(i) "rules" means rules made under this Act;
(ii) "vehicle" means any mode of surface transport other than railways.
3. (1) Where death or injury to any person (other than a workman) or damage to any property has resulted from an accident, the
owner shall-be liable to give such relief as is specified in Schedule for such death, injury or damage.
(2) In any claim for relief under sub-section (I) (hereinafter referred to in this Act as claim for relief), 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.
Explanation.-For the purpose of this section,-
(i) "workman" has the meaning assigned to it in the Workmen�s Compensation Act, 1923 (8 of 1923);
(ii) "injury" includes permanent total or permanent partial disability or sickness resulting out of an accident.
4. (1) Every owner shall take out, before he starts handling any hazardous substance, one or more insurance policies providing for
contracts of insurance thereby he is insured against liability to give relief under sub-section (1) of section 3;
Provided that ally owner handling any hazardous substance immediately before the commencement of this Act shall take out such
insurance policy or policies as soon as may be and in any case within a period of one year from such commencement.
(2) Every owner shall get the insurance policy, referred to in subsection (1), renewed from time to time before the expiry of the
period of validity thereof so that the insurance policies may remain in force throughout the period during which such handling is
continued.
4
[(2A) No insurance policy taken out by an owner shall be for a amount 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, as may be prescribed.
Explanation.- "Paid-up capital" in this sub-section means, in the case of an owner not being a company, the market value of all assets
and stocks of the undertaking on the date of contracts of insurance.
(2B) The liability of the insurer under one insurance policy shall not exceed the amount specified in the terms of the contract of
insurance in that insurance policy.
(2C) Every owner shall also, together with the amount of premium, pay to the insurer, for being credited to the Relief Fund
established under section 7A, such further amount, not exceeding the amount of premium, as may be prescribed.
(2D) The insurer shall remit the further amount received from the owner under sub-section (2C) to the Relief Fund in such manner
and within such period as may be prescribed and where the insurer fails to so remit the further amount, such amount shall be
recoverable from insurer as arrears of land revenue or of public demand.]
(3)The Central Government may, by notification, exempt from the operation of sub-section (1) any owner, namely:-
(a) the Central Government;
(b) any State Government,
(c) any corporation owned or controlled by the Central Government or a State Government; or
HRR/MSU/ES/905/U1/201112 189 OF 290
(d) any local authority:
Provided that no such order shall be made in relation to such owner unless a fund has been established and is maintained by
that owner in accordance with the rules made in this behalf for meeting any liability under sub-section (I) of section 3.
5. 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 under sub-
section (1) of section 6
6. (1) An application for claim {or relief may be made-
a) by the person who has sustained thc injury;
(b) by the owner of the property to which thc damage has been caused;
(c) where death has resulted from the accident, by all or any of the legal representatives of thc deceased; or
(d) by any agent duly authorised by such person or owner of such property or all or any Of the legal representatives of the deceased,
as the case may be:
Provided that where all thc legal representatives of the deceased have not joined in any such application for relief, the application
shall be made on behalf of or for the benefit of all the legal representatives of the deceased and the legal representatives who have
not so joined shall be impleaded as respondents to the application.
(2) Every application under sub-section (I) shall be made to the Collector and shall be in such form, contain such particulars and shall
be accompanied by such documents as may be prescribed.
(3) No application for relief shall be entertained unless it is made within five years of the occurrence of the accident.
7. (1) On receipt of an application under sub-section (I) of section 6, the Collector shall after giving notice of the application to the
owner and after giving the parties an opportunity of being heard, hold an inquiry into the claim or, each of he claims, and may make
an award determining the amount of relief which appears to him to be just and specifying thc person or persons to whom such
amount of relief shall be paid.
(2) The Collector shall arrange to deliver copies of the award to the parties concerned expenditiously and in any case within a period
of fifteen days from the date of thc award.
5
[(3) When an award is made under this section,-
(a) the insurer, who is required to pay any amount in terms of such award and to the extend specified in sub-section (2B) of
section 4, shall, within a period of thirty days of the date of announcement of the award, deposit that amount in such
manner as the Collector may direct;
(b) the Collector shall arrange to pay from the Relief Fund, in terms of such award and in accordance with the scheme made
under section 7A, to the person or persons referred to in sub-section (I) such amount in such manner as may be specified in
that scheme;
(c) the owner shall, within such period, deposit such amount in such manner as the Collector may direct.]
(4) In holding any inquiry under sub-section (1), the Collector may, subject to any rules made in this behalf, follow such summary
procedure as he thinks fit.
(5) The Collector shall have all the powers of Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of
witnesses and of compelling the discovery and production of documents and material objects and for such other purposes as may be
prescribed; and the Collector shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XX\�I of the Code of
Criminal Procedure, 1973 (2 of 1974).
(6) Where the insurer or the owner against whom the award is made under sub-section (I) fails to deposit the amount of such award
within the period specified under sub-section (3), such amount shall be recoverable from the owner, or as the case may be, the
insurer as arrears of land revenue or of public demand.
(7) A claim for relief in respect of death of, or injury to, any person or damage to any property shall be disposed of as expeditiously as
possible and every endeavour shall be made to dispose of such claim within three months of the receipt of the application for relief
under sub-section (I) of section 6.
6
[(8) Where an owner is likely to remove or dispose of his property with a view to evading payment by him of the amount of award,
the Collector may, in accordance with the provisions contained in rules I to 4 of Order XXXIX of the First Schedule to the Code of Civil
Procedure, 1908, (5 of 1908), grant a temporary injuction to restrain such act.]
7
[7A. (I) the Central Government may, by notification in the official Gazette, establish a fund to bc known as the Environment Relief
Fund.
(2) The Relief Fund shall bc utilised for paying, in accordance with the provisions of this Act and the scheme, relief under the award
made by the Collector under section 7.
(3) The Central Government may, by notification in the Official Gazette, make a scheme specifying the authority in which the relief
fund shall vest, the manner in which the Fund shall be administered the form and the manner in which money shall be drawn from the
Relief Fund and for all other matters connected with or incidental to thc administration of the Relief Fund and the payment of relief
therefrom.]
8. (1) Thc right to claim relief under sub-section (I) of section 3 in respect of death of, or injury to, any person or damage to any
property shall be in addition to any other right to claim compensation in respect thereof under any other law for the time being in
force.
(2) Notwithstanding anything contained in sub-section (1), where in respect of death of, or injury to, any person or damage to any
property, the owner, liable to give claim for relief, is also liable to pay compensation under any other law, the amount of such
compensation shall be reduced by thc amount of relief paid under this Act.
9. Any person authorised by the Central Government may, for the purposes of ascertaining whether any requirements of this Act or of
any rule or of any direction given under this Act have been compiled with, require any owner to submit to that person such
information as that person may reasonably think necessary.
10. Any person, authorised by thc Central Government in this behalf, shall have a right to enter, at all reasonable times with such
assistance as he considers necessary, any place, premises or vehicle, where hazardous substance is handled for the purpose of
determining whether any provisions of this Act or of any rule or of any direction given under this Act is being or has been compiled
with and such owner is bound to render all assistance to such person.
11. (1) If a person, authorised by the Central Government in this behalf, has reason to believe that handling of any hazardous
substance is taking place in any place premises or vehicle, in contravention of sub-section (I) of section 4, he may enter into and
search such place, premises or vehicle for such handling of hazardous substance.
HRR/MSU/ES/905/U1/201112 190 OF 290

(2) Where, as a result Of any search under sub-section (I) any handling of hazardous substance has been found in relation to which
contravention of sub-section (I) of section 4 has taken place, he may sieze such hazardous substance and other things which, in his
opinion, will be useful for, or relevant to, any proceeding under this Act:
Provided that where it is not practicable to seize any such substance or thing he may serve on the owner an order that the owner
shall not remove, part with, or otherwise deal with, the hazardous substance and such other things except with the previous
permission of that person.
(3) He may, if he has reason to believe that it is expedient so to do to prevent an accident dispose of the hazardous substance seized
under sub-section (2) immediately in such manner as he may deem fit.
(4) All expenses incurred by him in the disposal of hazardous substances under sub-section (3) shall be recoverable from the owner
as arrears of land revenue or of public demand.
12. Notwithstanding anything contained in any other law but subject to the provisions of this Act, the Central Government may, in
exercise of its powers and performance of its functions under this Act, issue such directions in writing as it may deem fit for the
purposes of this Act to any owner or any person, officer, authority or agency and such owner, person, officer, authority or agency
shall be bound to comply with such directions.
Explanation.-For the removal of doubts, it is hereby declared that the power to issue directions under this section includes the power
to direct-
a. prohibition or regulation of the handling of any hazardous substance; or
b. stoppage or regulation of the supply of electricity, water or any other service.
13. (1) If the Central Government or any person authorised by that Government in this behalf has reason to believe that any owner
has been handling any hazardous substance in contravention of any of the provisions of this Act, that Government or, as the case
may be, that person may make an application to a Court, not inferior to that of a Metropolitan Magistrate or a Judicial Magistrate first
class for restraining such owner from such handling.
(2) On receipt of the application under sub-section (1), the Court may make such order as it deems fit.
(3) Where under sub-section (2), the Court makes an order restraining any owner from handling hazardous substance. it may. in that
order-
(a) direct such owner to desist from such handling;
(b) aulhorise the Central Government or, as the case may be, the person referred to in sub-section (1), if the direction under clause
(a) is not complied with by the owner to whom such direction is issued, to implement the direction in such manner as may bc
specified by thc Court.
(4) All expenses incurred by the Central Government, or as the case may be, thc person in implementing the directions of Court under
clause (h) of sub-section (3), shall be recoverable from the owner as arrears of land revenue or of public demand
14. (1) Whoever contravenes any of the provisions of 8[sub-section (1), sub-section (2), sub-section (2A) or sub-section (2C)] of
section 4 or fails to comply with any directions issued under section 12, he shall be punishable imprisonment for a term which shall
not be less than one year and six months but which may extend to six years, or with fine which shall not be less than one lakh
rupees, or with both
(2) Whoever, having already been convicted of an offence under sub-section (1), is convicted for the second offence or any offence
subsequent to the second offence, he shall bc punishable with imprisonment for a term which shall not be less than two years but
which may extend to seven years and with fine which shall not be less than one lakh rupees.
(3) Nothing contained in section 360 of thc Code of Criminal Procedure, 1973 (2 of 1974), or in the Probation of Offenders Act, 1958
(20 of 1958), shall apply to a person convicted of an offence under this Act unless such person is under eighteen years of age.
15. If any owner fails to comply with direction issued under section 9 or fails to comply with order issued under sub-section (2) of
section 11, or obstructs any person in discharge of his functions under section 10 or sub-section (1) or sub-section (3) of section 11,
he shall be punishable with imprisonment which may extend to three months, or with fine which may extend to ten thousand rupees,
or with both
16. (1) Where any offence under this Act has been committed by a company, every person who, at the time the offence was
committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as
the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such
offence.
is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any
director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed
to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation--For thc purposes of this section,--
a. "company" means any body corporate and includes a firm or other association of individual;
b. "director", in relation to a firm, means a partner in the firm.
17. Where an offence under this Act has been committed by any Department of Government, the Head of the Department shall be
deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this section shall render such Head of the Department liable to any punishment if he proves that
the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
18. No court shall take cognizance of any offence under this Act except on a complaint made by-
(a) the Central Government or any authority or officer authorised in this behalf by that Government; or
(b) any person who has given notice of not less than sixty days in the manner prescribed, of the alleged offence and of his intention
to make a complaint, to the Central Government or the authority or officer authorised as aforesaid.
19. the Central Government may, by notification delegate, subject to such conditions and limitations as may be specified in the
notification, such of its powers and functions under this Act (except the power under section 23) as it may deem necessary or
expedient to any person (including any officer, authority or other agency).
20. No suit, prosecution or other legal proceeding shall lie against the Government or the person, officer, authority or other agency in
respect of anything which is done or intended to be do11e in good faith in pursuance of this Act or the rules made or orders or
directions issued thereunder.
HRR/MSU/ES/905/U1/201112 191 OF 290

21. (1) The Central Government may, from time to time, constitute an Advisory Committee on the matters relating to the insurance
policy under this Act.
(2) The Advisory Committee shall consist of--
a. Three officers representing the Central Government;
b. two persons representing the insurers;
c. two persons representing the owners; and
d. two persons from amongst the experts of insurance or hazardous substances, to be appointed by the Central Government.
(3) The Chairman of the Advisory Committee shall be one of the members representing the Central Government. nominated in this
behalf by that Government.
22. The provisions of this Act and any rules made thereunder shall have effect notwithstanding anything inconsistent therewith
contained in any other law
23. (1) The Central Government may, by notification, make rules for carrying out the purposes of this Act.
matters, namely-
9
[(a) the maximum amount for which an insurance policy may be taken out by an owner under sub-section (2A) of section
4;
(aa) the amount required to be paid by every owner for being eredited to the Relief Fund under sub-section (2C) of section
4;
(ab) the manner in which and the period within the amount received from the owner is required to be remitted by the
insurer under sub-section (2D) of section 4];
10
[(ac) establishment and maintenance of fund under sub-section (3) of section 4];
(b) the form of application and the particulars to be given therein and the documents to accompany such application under
(c) the procedure for holding an inquiry under sub-section (4) of section 7;
(d) the purposes for which the Collector shall have powers of a Civil Court under sub-section (S) of section 7;
(e) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be
given under clause (b) of section 18;
(f) any other matter which is required to be, or may be, prescribed.
[(3) Every rule or scheme made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament,
11
while it is in session [or a total period of thirty days which may be comprised in one session or in two or more successive sessions,
and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or scheme or both Houses agree that the rule or scheme should not be made, the rule or scheme
shall thereafter have effect only in such modified form or be of no effect, as the case may be; so,. however, that any such
modification or annulment shall be without prejudice to the validity of anything previously done under that rule or scheme.]
THE SCHEDULE
[See Section 3(1)]
(i) Reimbursement of medical expenses incurred up to a maximum of Rs. 12,500 in each case.
(ii) For fatal accidents the relief will be Rs. 25,000 per person in addition to reimbursement of medical expenses if any, incurred on
the victim up to a maximum of Rs. 12,500.
(iii) For permanent total or permanent partial disability or other injury or sickness, the relief will be (a) reimbursement of medical
expenses incurred, if any, up to a maximum of Rs. 12,500 in each case and (b) cash relief on the basis of percentage of disablement
as certified by an authorised physician. The relief for total permanent disability will be Rs. 25,000.
(iv) For loss of wages due to temporary partial disability which reduces the earning capacity of the victim, there will be a fixed
monthly relief not exceeding Rs. 1,000 per month up to a maximum of 3 months: provided the victim has been hospitalised for a
period of exceeding 3 days and is above 16 years of age.
(v) Up to Rs. 6,000 depending on the actual damage, for any damage to private property.
1
Substituted by Public Liability Insurance (Amendment) Act. 1992 dt. 31.1.92.
2
Substituted by Public Liability Insurance (Amendment) Act. 1942, dated 31.1.1992.
3
Ibid.
4
Inserted by Public Liability Insurance (Amendment) Act, 1992 dt. 31.1.1992.
5
Substituted by Public Liability Insurance (Amendment) Act, 1992 dt. 3].1.1992.
6
Z bid
7
Inserted by Public Liability Insurance (Amendment) Act, 1992 dl. 31.1.92.
8
Substituted by Public Liability Insurance (Amendment) Act, 1992 dt. 31.1.92.
9
Inserted by Public Liability Insurance (Amendment) Act, 1992 dt. 31.1.92.
10
ibid. re-lettered:
11
Substituted by Public Liability Insurance (Amendment) Act, 1992 dt. 31.1.92.

(Department of Environment, Forests and Wildlife)
1
[NOTIFICATION]
New Delhi, the 27th March, 1991
G.S.R. 253.-In exercise of the powers conferred by sub-section (2) of section I of the Public Liability Insurance Act, 1991 (6 of 1991),
the Central Government hereby appoints the 1st day of April, 1991 as the date on which the said Act shall come into force.
[No. 18(3)/91-PL]
1
Extract from the Gazette of India: Pan II, Sec. 3, Sub-sec. (i) Appearing on Page No. 1003 dated 13-4-91.
HRR/MSU/ES/905/U1/201112 192 OF 290

THE PUBLIC LIABILITY INSURANCE RULES, 1991

(Department of Environment, Forests and Wildlife)
New Delhi, the 23rd January, 1991 Magha, 3, 1912 (Saka)
NOTIFICATION1
New Delhi, the 15th May, l991
S.O. 330(E).-In exercise of the powers conferred by section 23 of the Public Liability Insurance Act, 1991, the Central Government
hereby makes the following rules, namely-
1. Short title and commencement:
(1) These rules may be called the Public Liability Insurance Rules, 199l.
(2) These rules shall come into force on the date of their publication in the of Official Gazette
2. Definitions:
In these rules, unless the context otherwise requires-
(a) "Act" means the Public Liability Insurance Act, 1991 (6 of 1991);
(b) "Advisory Committee" means the committee constituted by the Central government in accordance with section 21 of the
Act called the Public Liability Insurance Advisory Committee (PLIAC);
(c) "Authorised physician" means any person registered under any Central Act or State Act providing for the maintenance of
a register of medical practitioners or in any area where no such last mentioned Act is in force, any person declared by State
Government by notification in the Official Gazette to be a qualified medical practitioner,
(d) "Fund" means a fund established and maintained by an owner in accordance with provision to sub-section (3) of section
4 of the Act;
(e) Words and expressions used in these rules but not defined and defined in the Act shall have the meanings respectively
assigned to them in these Acts
3. Application for relief:
An application for claim for relief shall be made to the Collector in Form I.
4. Documents that may be required:
The claim application shall be made to the Collector in Form I accompanied by such of the following documents as may be applicable
(i) Certificate of an authorised physician regarding disability or injury or illness caused by the accident;
(ii) Death Certificate and/or post mortem report in the case of a fatal accident;
(iii) Certificate of the employer regarding loss of wages due to temporary or partial disability, with proof of hospitalisation for
a period exceeding three days and certificate about the date of birth or age of victim;
(iv) Medical bills and receipts;
(v) Certificate of cost of repairs or replacement of private property damaged by the accident;
(vi) Any other documents which may have relevance to the claim.
5. Powers of Collector:
(i) The Collector may follow such summary procedure for conducting an inquiry on an application for relief under the Act, as
he thinks fit.
(ii) The Collector shall have all the powers of a Civil Court for the following purposes namely:-
(a) summoning and enforcing the attendance of any person and examining him on oath.
(d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872, requisitioning any public record or
document or copy of such record or document from any office;
(e) issuing commissions for the examining of witness or documents;
(f) dismissing an application for default or proceeding ex-parte;
(g) setting aside any order of dismissal of any application for default or any order passed by it ex-parte;
(h) inherent powers of a civil court as-served under section 151 of the Code of Civil Procedure, 1908.
6. Establishment and Administration of Fund:
(1) An owner of the category specified in section 4 (3) of the Act shall, with the prior approval of the Central Government, create and
establish a fund by depositing with the State Bank of India or any of its subsidiaries or any nationalised bank, a public liability
Insurance fund of that owner.
(2) The fund to be created shall be utilised for the purpose of meeting the liability arising out of any claim awarded against the owner
who has created the fund and to discharge the amount awarded by the Collector.
(3) The fund shall be operated by an Administrator to be nominated by the owner. The owner shall notify the nomination of the
Administrator to the Central Government.
7. Miscellaneous:
(1) The Collector shall maintain a register of the application for relief or claim petitions, and, a register of awards and payment made
thereunder.
(2) These Registers shall be kept open to Public inspection from 11.00 AM to 1 PM and 2 PM to 5 PM on every working day.
(3) On a request from a concerned person, the Collector shall supply a copy of or extract from any particulars entered in the registers
mentioned above to be true copy or extract thereof.
(4) A copy of or extract from the register(s) of the Collector as certified under the hand of the Collector or any officer authorised to
act in this behalf shall in all legal proceedings, bc admissible as evidence as of equal validity with the original.
[8. Directions:
2
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(1) Any direction issued under section 12 shall be in writing.
(2) The direction shall specify the nature of action to be taken and the time within which it shall be complied with by any owner,
person, officer, authority or agency to whom such direction is given.
(3) The owner, person, officer authority or agency to whom any direction is sought to be issued, shall be served with a copy of the
proposed direction and shall be given an opportunity of not less than fifteen days from the date of service of the notice to file, with an
officer designated in this behalf, the objections, if any, to the issue of the proposed direction.
(4) The Government shall within a period of forty five days from the date of receipt of the objections, or from the date upto which an
opportunity is given to the owner, person, officer, authority or agency to file objections, whichever is earlier after considering the
objections, if any, received from the owner, person, officer, authority or agency sought to be directed and for reasons to be recorded
in writing, confirm, modify or decide not to issue the proposed direction.
(5) In a case where the Government is of the opinion that in view of the likelihood of a grave injury to the public it is not expedient to
provide an opportunity to file objections against the proposed direction, it may, for reasons to be recorded in writing, issue directions
without providing such an opportunity.
(6) Every notice or direction required to be issued under this rule shall be deemed to be duly served,
(a) where the person to be served is a company, if the document is addressed in name of the company, at its registered office or at
its principal office or place or business, and is either,
(ii) delivered or affixed al some conspicuous part of the premises at its registered office or at the principal office or place Of
business;
(b) where the person to be served is an owner serving in Government, if the document is addressed to the person and a copy thereof
is endorsed to his Head of the Department and also to the Secretary to the Government, as the case may be, incharge of the
Department in which, for the time being, the business relating to the Department, in which the officer is employed, is transacted and
is either,-
(ii) is given or tendered to him:
(c) in any other case, of the document is addressed to the person to be served, and--
(i) is given or tendered to him; or
(ii) in such person cannot be found, is affixed on some conspicuous part of his last known place or residence or business, or
is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building, if
any, to which it relates, or
(iii) is sent by registered post to that person.
Explanation-- For the purpose of this rule;-
(b) "a Servant" not a member of the family.
9. Manner of giving Notice:
The manner of giving notice under clause (b) of section 18 shal1 be as follows:--
(a) The notice shall be in writing in Form II.
(b) The person giving notice may send a copy of the same to-
(i) if the alleged offence has taken place in a Union Territory-
(a) the Central Board or the Committee/person or body of persons delegated the powers Of the Central Board under the
Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and Air (Prevention and Control of Pollution) Act, 1981 (14
of 1981); and
(b) Ministry of Environment and Forests (represented by the Secretary to the Government of India);
(ii) if the alleged offence has taken place in the State-
(a) the State Board for the Prevention and Control of Water Pollution constituted under the Water (Prevention and Control of
Pollution) Act, 1974 (6 of 1974); and
(b) the Government of the State (represented by the Secretary to the State Government incharge of Environment); and
(c) the Ministry of Environment and Forests (represented by the Secretary to the Government of India);
(iii) if the alleged offence has taken place in a District, the District Collector.
(a) The notice shall be sent by registered post acknowledgment due; and
(b) The period of sixty days mentioned in clause (b) of section 18 of the Act, (6 of 1991) shall be reckoned from the date it
is first received by one of the authorities mentioned above.]
10. Extent of Liability:
(1) Subject to the provision of sub-section (2A) of section 4 of the Act, the maximum aggregate liability of the insurer to pay relief
under an award to the several claimants arising out of an accident shall not exceed rupees five crores and in case of more than one
accident during the currency of the policy or one year, whichever is less, shall not exceed rupees fifteen crores in the aggregate.
(2) In awarding relief under the Act, the Collector shall ensure that the insurer's maximum liability under the Insurance Policy does
not exceed the limits stipulated in sub-rule (1).
(3) Any award for relief which exceeds the amount payable under the insurance Policy shall be met from the Relief Fund and in case
the award exceeds the total of the amount of insurance and the Relief Fund, the amount which falls short of such sum payable shall
by the owner.
11. Contribution of owner to the Environmental Relief Fund:
(1) An owner shall contribute to the Environmental Relief fund a sum equal to the premium payable to the insurer
(2) Every contribution to the Environmental Relief Fund under sub-rule (I) shall be payable to the insurer, together with the amount
of premium.
(3) The contribution receiving by the insurer shall be remitted as per the scheme under section 7A of the Act.]
FORM 1
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FORM OF APPLICATION FOR COMPENSATION
Shri/Shrimati/Kumari* ________________________________________________ Son of/daughter of/Widow* of Shri
_________________________________________ died/had sustained- injuries in an accident on
__________________________________ accident and other information are given below :-
1. Name and Father's name of person injured/dead (husband's name in case of married woman or widow)
2. Address of the person injured/dead.
3. Age ___________ Date of Birth __________
4. Sex of the person injured/dead:
5. Place, date and time of accident:
6. Occupation of the person injured/dead:
7. Nature of injuries sustained:
8. Name and Address of Police Station in whose jurisdiction accident took place or was registered:
9. Name and Address of the Medical Officer/Practitioner who attended on the injured/dead:
10. Name and address of the Claimant/ claimants:
11. Relationship with the deceased: who particulars in respect of
12. Any other information that may be considered necessary or helpful in the disposal of the claim:
I hereby swear and affirm that all the facts noted above are true to the best of my knowledge and belief.
SIGNATURE OF THE CLAIMANT
-----------------------------------------------------------------
* Strike out whichever is not applicable
3
[FORM-II
FORM OF NOTICE
[See rule 9(1)]
By Registered post acknowledgement due
From* __________________________________
__________________________________
__________________________________
To __________________________________
__________________________________
__________________________________
Notice under clause (b) of Section 18 of the Public Liability Insurance Act, 15991:
Whereas it appears to me/us that an offence under the Public Liability Insurance Act, 1991 (6 of 1991) has been committed/is being
committed by**_ __________________________________
__________________________________
__________________________________
__________________________________
I/We hereby give notice of sixty days under clause (b) of section 18 of the Public Liability Insurance Act, 1991 of my/our intention to
file a complaint in the Court against (2)
for violation of section of the Public Liability Insurance Act, 1991.
I/We, in support of this notice, hereby enclose the following documents*** as evidence of proof of violation of the Public Liability
Insurance Act, 1991:- Place ______________
Date ______________
Signature(s)
* In case the notice is given in the name of a company, documentary evidence authorising the person to sign the notice shall be
enclosed to this notice.
** here give the name and address of the alleged offender. In ease of a handling/manufacturing/processing/operating unit indicate
the name of the unit/location/and nature of activity.
*** Documentary evidence includes photographs/technical reports/health reports of the area; etc., relating to the alleged
violation/offence.] ------------------------------------------------
1
Extract from the Gazette of India: Part II, Sec 3, Sub-sec. (ii) dated 15-5-91.
2
Inserted by G.S.R. 596 (E) dt. 20-9-1991.
3
Inserted by G.S.R. 596(E) dt. 20-9-1991.
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THE INDIAN FOREST ACT, 1927
(16 of 1927)
[21st September, 1927]
An Act to consolidate the law relating to forests, the transit of forest-produce and the duty leviable on timber and other forest-
produce.
Whereas it is expedient to consolidate the law relating to forests, the transit of forest produce and the duty leviable on timber and
other forest-produce; It is hereby enacted a follows:
CHAPTER I
PRELIMINARY
1. Short title and extent.(1) This Act may be called the Indian Forest Act, 1921
1[(2) It extends to the whole of India except the territories which, immediately before the 1st November, 1956, were comprised in
Part B States.
(3) It applies to the territories which, immediately before the 1st November, 1956, were comprised in the States of Bihar, Bombay,
Coorg, Delhi, Madhya Pradesh, Orissa, Punj Uttar Pradesh and West Bengal; but the Government of any State may by notification in
Official Gazette bring this Act into force2 in the whole or any specified part of that State which this Act extends and where it is not in
force.]
2. Interpretation clause.In this Act, unless there is anything repugnant in the subject or context
(1) "cattle" includes elephants, camels, buffaloes, horses, mares, geldings, ponies colts, fillies, mules, asses, pigs, rams, ewes, sheep,
lambs, goats and kids;
(2) "Forest-officer" means, any person whom 3 [* * *] the State Government or any office empowered by 3 [* * *] the State
Government in this behalf, may appoint to carry out all any of the purposes of this Act or to do anything required by this Act or any
rule m thereunder to be done by a Forest-officer;
(3) "forest-offence" means an offence punishable under this Actor under any rule made thereunder;
(4) "forest-produce" includes
(a) the following whether found in, or brought from, a forest or not, that is to say timber, charcoal, caoutchouc, catechu, wood-oil,
resin, natural varnish, bark, lac, mahua flowers, mahua seeds,4[kuth] and myrabolams, and
(b) the following when found in, or brought from a forest, that is to say
(i) trees and leaves, flowers and fruits, and all other parts or produce not herein before mentioned, of trees,
(ii) plants not being trees (including grass, creepers, reeds and moss), and all parts or produce of such plants,
(iii) wild animals and skins, tusks, horns, bones, silk, cocoons, honey and wax, and all other parts or produce of animals, and
(iv) peat, surface soil, rock and minerals (including lime-stone, laterite, mineral oils, and all products of mines or quaries);
5[(4A) "ownee" includes a Court of Wards in respect of property under the superintendence or charge of such Court;]
(5) "river" includes any stream, canal, creek or other channels, natural or artificial;
(6) "timber" includes trees, when they have fallen or have been felled, and all wood whether cut up or fashioned or hollowed out for
any purpose or not; and
(7) "tree" includes palms, bamboos, skumps, brush-wood and canes.
CHAPTER II
OF RESERVED FORESTS
3. Power to reserve forests.The State Government may constitute any forest-land or waste-land which is the property of
Government, or over which the Government has proprietary rights, or to the whole or any part of the forest-produce of which the
Government is entitled, a reserved forest in the manner hereinafter provided.
4. Notification by State Government.-(1) Whenever it has been decided to constitute any land a reserved forest, the State
Government shall issue a notification in the Official Gazette
(a) declaring that it has been decided to constitute such land a reserved forest;
(b) specifying, as nearly as possible, the situation and limits of such land; and
(c) appointing an officer (hereinafter called "the Forest Settlement-officer") to inquire into and determine the existence, nature and
extent of any rights alleged to exist in favour of any person in or over any land comprised within such limits or in or over any forest-
produce, and to deal with the same as provided in this Chapter.
Explanation.For the purpose of clause (b), it shall be sufficient to describe the limits of the forest by roads, rivers, ridges or other well-
known or readily intelligible boundaries.
(2) The officer appointed under clause (c) of sub-section (1) shall ordinarily be a person not holding any forest-office except that of
Forest Settlement-officer.
(3) Nothing in this section shall prevent the State Government from appointing any number of officers not exceeding three, not more
than one of whom shall be a person holding any forest-office except as aforesaid, to perform the duties of a Forest Settlement-officer
under this Act.
5. Bar of accrual of forest-rights.After the issue of a notification under section 4, no right shall be acquired in or over the land
comprised in such notification, except by succession or under a grant or contract in writing made or entered into by or on behalf of
the Government or some person in whom such right was vested when the notification was issued; and no fresh clearings for
cultivation or for any other purpose shall be made in such land except in accordance with such rules as may be made by the State
Government in this behalf.
6. Proclamation by Forest Settlement-officer.When a notification has been issued under section 4, the Forest Settlement-officer
shall publish in the local vernacular in every town and village in the neighbourhood of the land comprised therein, a proclamation
(a) specifying, as nearly as possible, the situation and limits of the proposed forest;
(b) explaining the consequences which, as hereinafter provided, will ensue on the reservation of such forest; and
(c) fixing a period of not less than three months from the date of such proclamation, and requiring every person claiming any right
mentioned in section 4 or section, 5 within such period either to present to the Forest Settlement-officer a written notice specifying or
to appear before him and state, the nature of such right and the amount and particulars of the compensation (if any) claimed in
respect thereof.
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7. Inquiry by Forest Settlement-officer.The Forest Settlement-officer shall take down in writing all statements made under section
6, and shall at some convenient place inquire into all claims duly preferred under that section, and the existence of any rights
mentioned in section 4 or section 5 and not claimed under section 6 so far as the same may be ascertainable from the records of
Government and the evidence of any persons likely to be acquainted with the same.
8. Powers of Forest Settlement-officers.-For the purpose of such inquiry, the Forest Settlement-officer may exercise the following
powers, that is to say:
(a) power to enter, by himself or any officer authorised by him for the purpose, upon any land, and to survey, demarcate and make a
map of the same; and
(b) the powers of a Civil Court in the trial of suits.
9. Extinction of rights.-Rights in respect of which no claim has been preferred under section 6, and of the existence of which no
knowledge has been acquired by inquiry under section 7, shall be extinguished, unless before the notification under section 20 is
published, the person claiming them satisfies the Forest Settlement-officer that he had sufficient cause for not prefer-ring such claim
within the period fixed under section 6.
10. Treatment of claims relating to practice of shifting cultivation.(1) In the case of a claim relating to the practice of shifting
cultivation, the Forest Settlement-officer shall record a statement setting forth the particulars of the claim and of any local rule or
order under which the practice is allowed or regulated, and submit the statement to the State Government, together with his opinion
as to whether the practice should be permitted or prohibited wholly or in part.
(2) On receipt of the statement and opinion, the State Government may make an order permitting or prohibiting the practice wholly
or in part.
(3) If such practice is permitted wholly or in part, the Forest Settlement-officer may arrange for its exercise
(a) by altering the limits of the land under settlement so as to exclude land of sufficient extent, of a suitable kind, and in a locality
reasonably convenient for the purposes of the claimants, or
(b) by causing certain portions of the land under settlement to be separately demarcated, and giving permission to the claimants to
practise shifting cultivation therein under such conditions as he may prescribe.
(4) All arrangements made under sub-section (3) shall be subject to the previous sanction of the State Government.
(5) The practice of shifting cultivation shall in all cases be deemed a privilege subject to control, restriction and abolition by the State
Government.
11. Power to acquire land over which right is claimed.(1) In the case of a claim to a right in or over any land, other than a right
of way or right of pasture, or a right to forest produce or a water-course, the Forest Settlement-officer shall pass an order admitting
or rejecting the same in whole or in part.
(2) If such claim is admitted in whole or in part, the Forest Settlement-officer shall either
(i) exclude such land- from the limits of the proposed forest; or
(ii) come to an agreement with the owner thereof for the surrender of his rights; or
(iii) proceed to acquire such land in the manner provided by the Land Acquisition Act, 1894 (1 of 1894).
(3) For the purpose of so acquiring such land
(a) the Forest Settlement-officer shall be deemed to be a Collector proceeding under the Land Acquisition Act, 1894 (1 of 1894);
(b) the claimant shall be deemed to be a person interested and appearing before him in pursuance of a notice given under section 9
of that Act;
(c) the provisions of the preceding sections of that Act shall be deemed to have been complied with; and
(d) the Collector, with the consent of the claimant, or the Court, with the consent of both parties, may award compensation in land, or
partly in land and partly in money.
12. Order on claims to rights of pasture or to forest-produce. In the case of a claim to rights of pasture or to forest-produce,
the Forest Settlement-officer shall pass an order admitting or rejecting the same in whole or in part.
13. Record to be made by Forest Settlement-officer. The Forest Settlement officer, when passing any order under section 12,
shall record, so far as may be practicable,
(a) the name, fathers name, caste, residence and occupation of the person claiming the right; and
(b) the designation, position and area of all fields or groups fields (if any), and the designation and position of all buildings (if any) in
respect of which the exercise of such rights is claimed.
14. Record where he admits claim.If the Forest Settlement-officer admits in whole or in part any claim under section 12, he shall
also record the extent to which the claim is so admitted, specifying the number and description of the cattle which the claimant is
from time to time entitled to graze in the forest, the season during which such pasture is permitted, the quantity of timber and other
forest produce which he is from time to time authorised to take or receive, and such other particulars as the case may require. He
shall also record whether the timber or other forest-produce obtained by the exercise of the rights claimed may be sold or bartered.
15. Exercise of rights admitted.-(1) After making such record the Forest Settlement officer shall, to the best of his ability, having
due regard to the maintenance of the reserved forest in respect of which the claim is made, pass such orders as will ensure the
continued exercise of the rights so admitted.
(2) For this purpose the Forest Settlement-officer may
(a) set out some other forest-tract of sufficient extent, and in a locality reasonably convenient, for the purposes of such claimants,
and record an order conferring upon them a right of pasture or to forest-produce (as the case may be) to the extent so admitted; or
(b) so alter the limits of the proposed forest as to exclude forest-land of sufficient extent, and in a locality reasonably convenient, for
the purposes of the claimants; or
(c) record an order, continuing to such claimants a right of pasture or to forest-overpage produce, as the case may be, to the e tent
so admitted, at such seasons, within such portions of the proposed forest, and under such rules, as may be made in this behalf by the
State Government.
16. Commutation of rights. In case the Forest Settlement-officer finds it impossible having due regard to the maintenance of the
reserved forest, to make such settlement under section 15 as shall ensure the continued exercise of the said rights to the extent so
admitted, he shall, subject to such rules as the State Government may make in this behalf, commute such rights, by the payment to
such persons of a sum of money in lieu thereof, or by the grant of land, or in such other manner as he thinks fit.
17. Appeal from order passed under section 11, section 12, section 15 or section 16.Any person who has made a claim under
this Act, or any Forest-officer or other person generally or specially empowered by the State Government in this behalf, may, within
three months from the date of the order passed on such claim by the Forest Settlement-officer under section 11, section 12, section
HRR/MSU/ES/905/U1/201112 197 OF 290

15 or section 16, present an appeal from such order to such officer of the Revenue Department of rank not lower than that of a
Collector, as the State Government may, by notification in the Official Gazette, appoint to hear appeals from such orders:
Provided that the State Government may establish a Court (hereinafter called the Forest Court) composed of three persons to be
appointed by the State Government, and when the Forest Court has been so established, all such appeals shall be presented to it.
18. Appeal under section 17.(1) Every appeal under section 17 shall be made by petition in writing, and may be delivered to the
Forest Settlement-officer, who shall forward it without delay to the authority competent to hear the same.
(2) If the appeal be to an officer appointed under section 17, it shall be heard in the manner prescribed for the time being for the
hearing of appeals in matters relating to land-revenue.
(3) If the appeal be to the Forest Court, the Court shall fix a day and a convenient place in the neighbourhood of the proposed forest
for hearing the appeal, and shall give notice thereof to the parties, and shall hear such appeal accordingly.
(4) The order passed on the appeal by such officer or Court, or by the majority of the members of such Court, as the case may be,
shall, subject only to revision by the State Government, be final.
19. Pleaders. The State Government, or any person who has made a claim under this Act, may appoint any person to appear, plead
and act on its or his behalf before the Forest Settlement-officer, or the appellate officer or Court, in the course of any inquiry or
appeal under this Act.
20. Notification declaring forest reserved. (1) When the following events have occurred, namely:
(a) the period fixed under section 6 for preferring claims have elapsed and all claims (if any) made under that section or section 9
have been disposed of by the Forest Settlement-officer;
(b) if any such claims have been made, the period limited by section 17 for appealing from the orders passed on such claims has
elapsed, and all appeals (if any) presented within such period have been disposed of by the appellate officer or Court; and
(c) all lands (if any) to be included in the proposed forest, which the Forest Settlement-officer has, under section 11, elected to
acquire under the Land Acquisition Act, 1894 (1 of 1894), have become vested in the Government under section 16 of that Act,
the State Government shall publish a notification in the Official Gazette, specifying definitely, according to boundary-marks erected or
otherwise, the limits of the forest which is to be reserved, and declaring the same to be reserved from a date fixed by the notification.
(2) From the date so fixed such forest shall be deemed to be a reserved forest.
21. Publication of translation of such notification in neighbourhood of forest. The Forest-officer shall, before the date fixed by
such notification, cause a translation thereof into the local vernacular to be published in every town and village in the neighbourhood
of the forest.
22. Power to revise arrangement made under section 15 or section 18 The State Government may, within five years from the
publication of any notification under section 20, revise any arrangement made under section 15 or section 18, and may for this
purpose rescind or modify any order made under section 15 or section 18, and direct that any one of the proceedings specified in
section 15 be taken in lieu of any other of such proceedings, or that the rights admitted under section 12 be commuted under section
16.
23. No right acquired over reserved forest, except as here provided. No right of any description shall be acquired in or over a
reserved forest except by succession or under a grant or contract in writing made by or on behalf of the Government or some person
in whom such right was vested when the notification under section 20 was issued.
24. Rights not to be alienated without sanction. (1) Notwithstanding anything contained in section 23, no right continued under
clause (c) of sub-section (2) of section 15 shall be alienated by way of grant, sale, lease mortgage or otherwise, without the sanction
of the State Government:
Provided that, when any such right is appendant to any land or house, it may be sold or otherwise alienated with such land or house.
(2) No timber or other forest-produce obtained in exercise of any such right shall be sold or bartered except to such extent as may
have been admitted in the order recorded under section 14.
25. Power to stop ways and water-courses in reserved forests. The Forest-officer may, with the previous sanction of the State
Government or of any officer duly authorised by it in this behalf, stop any public or private way or water-course in a reserved forest,
provided that a substitute for the way or water-course so stopped, which the State Government deems to be reasonably convenient,
already exists, or has been provided or constructed by the Forest-officer in lieu thereof.
26. Acts prohibited in such forests.(1) Any person who
(a) makes any fresh clearing prohibited by section 5, or
(b) sets fire to a reserved forest, or, in contravention of any rules made by the State Government in this behalf, kindles any fire, or
leaves any fire burning, in such manner as to endanger such a forest;
or who, in a reserved forest
(c) kindles, keeps or carries any fire except at such seasons as the Forest-officer may notify in this behalf,
(d) trespasses or pastures cattle, or permits cattle to trespass;
(e) causes any damage by negligence in felling any tree or cutting or dragging any timber;
(f) fells, girdles, lops, or bums any tree or strips off the bark or leaves from, or otherwise damages, the same;
(g) quarries stone, bums lime or charcoal, or collects, subjects to any manufacturing process, or removes, any forest-produce;
(h) clears or breaks up any land for cultivation or any other purpose;
(i) in contravention of any rules made in this behalf by the State Government hunts, shoots, fishes, poisons water or sets traps or
snares; or
(j) in any area in which the Elephants Preservation Act, 1879 (6 of 1879), is not in force, kills or catches elephants in contravention of
any rules so made,
shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred
rupees, or with both, in addition to such compensation for damage done to the forest as the convicting Court may direct to be paid.
(2) Nothing in this section shall be deemed to prohibit
(a) any act done by permission in writing of the Forest-officer, or under any rule made by the state Government; or
(b) the exercise of any right continued under clause (c) of sub-section (2) of section 15, or created by grant or contract in writing
made by or on behalf of the Government under section 23.
(3) Whenever fire is caused wilfully or by gross negligence in a reserved forest, the State Government may (notwithstanding that any
penalty has been inflicted under this section) direct that in such forest or any portion there of the exercise of all rights of pasture or to
forest produce shall be suspended for such period as it thinks fit.
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27. Power to declare forest no longer reserved.(1) The State Government may,6[* * *] by notification in the Official Gazette,
direct that, from a date fixed by such notification, any forest or any portion thereof reserved under the Act shall cease to be a
reserved forest.
(2) From the date so fixed, such forest or portion shall cease to be reserved; but the rights (if any) which have been extinguished
therein shall not revive in consequence of such cessation.
CHAPTER III
OF VILLAGE-FORESTS
28. Formation of village-forests.-(1) The State Government may assign to any village-community the rights of Government to or
over any land which has been constituted a reserved forest, and may cancel such assignment. All forests so assigned shall be called
village-forests.
(2) The State Government may make rules for regulating the management of village forests, prescribing the conditions under which
the community to which any such assignment is made may be provided with timber or other forest-produce or pasture, and their
duties for the protection and improvement of such forest.
(3) All the provisions of this Act relating to reserved forests shall (so far as they are not inconsistent with the rules so made) apply to
village-forests.
CHAPTER IV
OF PROTECTED FORESTS
29. Protected forests.(1) The State Government may, by notification in the Official Gazette, declare the provisions of this Chapter
applicable to any forest-land or waste-land which,, is not included in a reserved forest but which is the property of Government, or
over which the Government has proprietary rights, or to the whole or any part of the forest produce of which the Government is
entitled.
(2) The forest-land and waste-lands comprised in any such notification shall be called a "protected forest".
(3) No such notification shall be made unless the nature and extent of the rights of Government and of private persons in or over the
forest-land or waste-land comprised therein have been inquired into and recorded at a survey or settlement, or in such other manner
as the State Government thinks sufficient. Every such record shall be presumed to be correct until the contrary is proved:
Provided that, if, in the case of any forest-land or waste land, the State Government thinks that such inquiry and record are
necessary, but that they will occupy such length of time as in the meantime to endanger the rights of Government, the State
Government may, pending such inquiry and record, declare such land to be a protected forest, but so as not to abridge or affect any
existing rights of individuals or communities.
30. Power to issue notification reserving trees, etc. The State Government may, by notification in the Official Gazette,
(a) declare any trees or class of trees in a protected forest to be reserved from a date fixed by, the notification;
(b) declare that any portion of such forest specified in the notification shall be closed for such term, rot exceeding thirty years, as the
State Government thinks fit, and that the rights of private persons, if any, over such portion shall be suspended during such terms,
provided that the remainder of such forest be sufficient, and in a locality reasonably convenient, for the due exercise of the right
suspended in the portion so closed; or
(c) prohibit, from a date fixed as aforesaid, the quarrying of stone, or the burning of lime or charcoal, or the collection or subjection to
any manufacturing process, or removal of, any forest-produce in any such forest, and the breaking up or clearing for cultivation, for
building, for herding cattle or for any other purpose, of any land in any such forest.
31. Publication of translation of such notification in neighbourhood. The Collector shall cause a translation into the local
vernacular of every notification issued under section 30 to be affixed in a conspicuous place in every town and village in the
neighbourhood of the forest comprised in the notification.
32. Power to make rules for protected forests. The State Government may make rules to regulate the following matters, namely:
(a) the cutting, sawing, conversion and removal of trees and timber, and the collection, manufacture and removal of forest-produce,
from protected forests;
(b) the granting of licences to the inhabitants of towns and villages in the vicinity of protected forests to take trees, timber or other
forest-produce for their own use, and the production and return of such licences by such persons;
(c) the granting of licences to persons felling or removing trees or timber or other forest-produce from such forests for the purposes
of trade, and the production
d) the payments, if any, to be made by the persons mentioned in clauses (b) and (c) for permission to cut such trees, or to collect
and remove such timber or other forest-produce;
(e) the other payments, if any, to be made by them in respect of such trees, timber and produce, and the places where such payment
shall be made;
(f) the examination of forest-produce passing out of such forests;
(g) the clearing and breaking up of land for cultivation or other purposes in such forests;
(h) the protection from fire of timber lying in such forests and of trees reserved under section 30;
(i) the cutting of grass and pasturing of cattle in such forests;
(j) hunting, shooting, fishing, poisoning water and setting traps or snares in such forests and the killing or catching of elephants in
such forests in areas in which the Elephants Preservation Act, 1879 (6 of 1879), is not in force;
(k) the protection and management of any portion of a forest closed under section 30; and
(l) the exercise of rights referred to in section 29.
33. Penalties for acts in contravention of notification under section 30 or of rules under section 32.--(1) Any person who
commits any of the following offences, namely:
(a) fells, girdles, lops, taps or bums any tree reserved under section 30, or strips off the bark or leaves from, or otherwise damages,
any such tree;
(b) contrary to any prohibition under section 30, quarries any stone, or bums any lime or charcoal or collects, subjects to any
manufacturing process, or removes any forest-produce;
(c) contrary to any prohibition under section 30, breaks up or clears for cultivation or any other purpose any land in any protected
forest;
(d) sets fire to such forest, or kindles a fire without taking all reasonable precautions to prevent its spreading to any tree reserved
under section 30, whether standing fallen or felled, or to say closed portion of such forest;
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(e) leaves burning any fire kindled by him in the vicinity of any such tree or closed portion;
(f) fells any tree or drags any timber so as to damage any tree reserved as aforesaid;
(g) permits cattle to damage any such tree;
(h) infringes any rule made under section 32,
shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred
rupees, or with both.
(2) Whenever fire is caused wilfully or by gross negligence in a protected forest, the State Government may, notwithstanding that any
penalty has been inflicted under this section, direct that in such forest or any portion thereof the exercise of any right of pasture or to
forest-produce shall be suspended for such period as it thinks fit.
34. Nothing in this Chapter to prohibit acts done in certain cases. Nothing in this Chapter shall be deemed to prohibit any act
done with the permission in writing of the Forest-officer, or in accordance with rules made under section 32, or, except as regards any
portion of a forest closed under section 30, or as regards any rights the exercise of which has been suspended under section 33, in
the exercise of any right recorded under section 29.
CHAPTER V
OF THE CONTROL OVER FORESTS AND LANDS NOT BEING
THE PROPERTY OF GOVERNMENT
35. Protection of forests for special purposes.-(1) The State Government may, by notification in the Official Gazette, regulate or
prohibit in any forest or waste-land
(a) the breaking up or clearing of land for cultivation;
(b) the pasturing of cattle; or
(c) the firing or clearing of the vegetation;
when such regulation or prohibition appears necessary for any of the following purposes:
(i) for protection against storms, winds, rolling stones, floods and avalanches;
(ii) for the preservation of the soil on the ridges and slopes and in the valleys of hilly tracts, the prevention of land slips or of the
formation of ravines, and torrents, or the protection of land against erosion, or the deposit thereon of sand, stones or gravel;
(iii) for the maintenance of a water-supply in springs, rivers and tanks;
(iv) for the protection of roads, bridges, railways and other lines of communication;
(v) for the preservation of the public health.
(2) The State Government may, for any such purpose, construct at its own expense, in or upon any forest or waste-land, such work
as it thinks fit.
(3) No notification shall be made under sub-section (1) nor shall any work be begun under sub-section (2), until after the issue of a
notice to the owner of such forest or land calling on him to show cause, within a reasonable period to be specified in such notice, why
such notification should not be made or work constructed, as the case may be, and until his objections, if any, and any evidence he
may produce in support of the same, have been heard by an officer duly appointed in that behalf and have been considered by the
State Government.
36. Power to assume management of forests. (1) In case of neglect of, or wilful disobedience to, any regulation or prohibition
under section 35, or if the purposes of any work to be-constructed under that section so require, the State Government may, after
notice in writing to the owner of such forest or land and after considering his objections, if any, place the same under the control of a
Forest-officer, and may declare that all or any of the provisions of this Act relating to reserved forests shall apply to such forest or
land.
(2) The net profits, if any, arising from the management of such forest or land shall be paid to the said owner.
37. Expropriation of forests in certain cases. (1) In any case under this Chapter in which the State Government considers that, in
lieu of placing the forest or land under the control of a Forest-Officer, the same should be acquired for public purposes, the State
3overnment may proceed to acquire it in the manner provided by the Land Acquisition Act, 1894 (1 of 1894).
(2) The owner of any forest or land comprised in any notification under section 35 may, t any time not less than three or more than
twelve years from the date thereof, require that such forest or land shall be acquired for public purposes, and the State Government
shall require such forest or land accordingly.
38. Protection of forests at request of owners. (1) The owner of any land or, if there more than one owner thereof, the owners of
shares therein amounting in the aggregate at least two-thirds thereof may, with a view to the formation or conservation of forests
thereon, represent in writing to the Collector their desire
(a) that such land be managed on their behalf by the Forest-officer as a reserved or a protected forest on such terms as may be
mutually agreed upon; or
(b) that all or any of the provisions of this Act be applied to such land.
(2) In either case,-the State Government may, by notification in the Official Gazette, apply to such land such provisions of this Act as
it thinks suitable to the circumstances thereof and as may be desired by the applicants.
CHAPTER V1
OF THE DUTY ON TIMBER AND OTHER FOREST-PRODUCE
39. Power to impose duty on timber and other forest-produce. (1) The 7[Central Government] may levy a duty in such
manner, at such places and at such rates as it may declare by notification in the Official Gazette on all timber or other forest-produce
(a) which is produced in 8[the territories to which this Act extends], and in respect of which the Government has any right;
(b) which is brought from any place outside 8[the territories to which this Act extends].
9[* * *]
(2) In every case in which such duty is directed to be levied ad valorem the 7[Central Government] may fix by like notification the
value on which such duty shall be assessed.
(3) All duties on timber or other forest-produce which, at the time when this Act comes into force in any territory, are levied therein
under the authority of the State Government, shall be deemed to be and to have been duty levied under the provisions of this Act.
10[(4) Notwithstanding anything in this section, the State Government may, until provision to the contrary is made by
11[Parliament], continue to levy any duty which it was lawfully levying before the commencement12 of 13[the Constitution], under
this section as then in force:
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Provided that nothing in this sub-section authorises the levy of any duty which as between timber or other forest-produce of the State
and similar produce of the locality outside the State, discriminates in favour of the former, or which, in the case of timber or other
forest-produce of localities outside the State, discriminates between timber or other forest-produce of one locality and similar timber
or other forest-produce of another locality.]
40. Limit not to apply to purchase-money or royalty.-Nothing in this Chapter shall be deemed to limit the amount, if any,
chargeable as purchase-money or royalty on any timber or other forest-produce, although the same is levied on such timber or
produce while in transit, in the same manner as duty is levied.
CHAPTER VII
OF THE CONTROL OF TIMBER AND OTHER FOREST-PRODUCE IN TRANSIT
41. Power to make rules to regulate transit of forest produce.--(1) The control of all rivers and their banks as regards the
floating of timber, as well as the control of all timber and other forest-produce in transit by land or water, is vested in the State
Government, and it may make rules to regulate the transit of all timber and other forest-produce.
(2) In particular and without prejudice to the generality of the foregoing power such rules may
(a) prescribe the routes by which alone timber or other forest-produce may be imported, exported or moved into, from or within
14[the State];
(b) prohibit the import or export or moving of such timber or other produce without a pass from an officer duly authorised to issue the
same, or otherwise than in accordance with the conditions of such pass;
(c) provide for the issue, production and return of such passes and for the payment of fees therefor;
(d) provide for the stoppage, reporting, examination and marking of timber or other forest-produce in transit, in respect of which
there is reason to believe that any money is payable to the Government on account of the price thereof, or on account of any duty,
fee, royalty or charge due thereon, or, to which it is desirable for the purposes of this Act to affix a mark;
(e) provide for the establishment and regulation of depots to which such timber or other produce shall be taken by those in charge of
it for examination, or for the payment of such money, or in order that such marks may be affixed to it, and the conditions under
which such timber or other produce shall be brought to, stored at and removed from such depots;
(f) prohibit the closing up or obstructing of the channel or banks of any river used for the transit of timber or other forest-produce,
and the throwing of grass, brushwood, branches or leaves into any such river or any act which may cause such river to be closed or
obstructed;
(g) provide for the prevention or removal of any obstruction of the channel or banks of any such river, and for recovering the cost of
such prevention or removal from the person whose acts or negligence necessitated the same;
(h) prohibit absolutely or subject to conditions, within specified local limits, the establishment of sawpits, the converting, cutting,
burning, concealing or making of timber, the altering or effacing of any marks on the same, or the possession or carrying of marking
hammers or other implements used for marking timber;
(i) regulate the use of property marks for timber, and the registration of such marks; prescribe the time for which such
r6gistration�shall hold good; limit the number of such marks that may be registered by any one person, and provide for the levy of
fees for such registration.
(3) The State Government may direct that any rule made under this section shi-11 not apply to any specified class of timber or other
forest-produce or to any specified local area.
15[41A. Powers of Central Government as to movements of timber across customs frontiers.--Notwithstanding anything in
section 41, the Central Government may make rules to prescribe the route by which alone timber or other forest-produce may be
imported, exported or moved into or from 16[the territories to which this Act extends) across any customs frontier as defined by the
Central Government, and any rules made under section 41 shall have effect subject to the rules made under this section.]
42. Penalty for breach of rules made under section 41.-(1) The State Government may by such rules prescribe as penalties for
the contravention thereof imprisonment for a term which may extend to six months, or fine which may extend to five hundred rupees,
or both.
(2) Such rules may provide that penalties which are double of those mentioned in subsection (1) may be inflicted in cases where the
offence is committed after sunset and before sunrise, or after preparation for resistance to lawful authority, or where the offender has
been previously convicted of a like offence.
43. Government and Forest-officers not liable for damage to forest-produce at depot.-The Government shall not be
responsible for any loss or damage which may occur in respect of any timber or other forest-produce while at a depot established
under a rule made under section 41, or while detained elsewhere, for the purposes of this Act; and no Forest-officer shall be
responsible for any such loss or damage, unless he causes such loss or damage negligently, maliciously or fraudulently.
44. All persons bound to aid in case of accidents at depot.�In case of any accident or emergency involving danger to any
property at any such depot, every person employed at such depot, whether by the Government or by any private person, shall render
assistance to any Forest-officer or Police-officer demanding his aid in averting such danger or securing such property from damage or
loss.
CHAPTER VIII
OF THE COLLECTION OF DRIFT AND STRANDED TIMBER
45. Certain kinds of timber to be deemed property of Government until title thereto proved, and may be collected
accordingly.--(1) All timber found adrift, beached, stranded or sunk;
all wood or timber bearing marks which have not been registered in accordance with the rules made under section 41, or on which the
marks have been obliterated, altered or defaced by fire or otherwise; and
in such areas as the State Government directs, all unmarked wood and timber,
shall be deemed to be the property of Government, unless and until any person establishes his right and title thereto, as provided in
this Chapter.
(2) Such timber may be collected by any Forest-officer or other person entitled to collect the same by virtue of any rule made under
section 51 and may be brought to any depot which the Forest-officer may notify as a depot for the reception of drift timber.
(3) The State Government may, by notification in the Official Gazette, 6xempt any class of timber from the provisions of this section.
46. Notice to claimants of drift timber.-Public notice shall from time to time be given by the Forest-officer, of timber collected
under section 45. Such notice shall contain a description of the timber, and shall require any person claiming the same to present to
such officer, within a period not less than two months from the date of such notice, a written statement of such claim.
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47. Procedure on claim preferred to such timber.-(1) When any such-statement is presented as aforesaid, the Forest-officer
may, after making such inquiry as he thinks fit, either reject the claim after according his reasons for so doing, or deliver the timber
to the claimant.
(2) If such timber is claimed by more than one person, the Forest-officer may either deliver the same to any of such persons who he
deems entitled thereto, or may refer the claimants to the Civil Courts, and retain the timber pending the receipt of an order from any
such Court for its disposal.
(3) Any person whose claim has been rejected under this section may, within three months from the date of such rejection, institute a
suit to recover possession of the timber claimed by him; but no person shall recover any compensation or costs against the
Government, or against any Forest-officer on account of such rejection, or the detention or removal of any timber, or the delivery
thereof to any other person under this section.
(4) No such timber shall be subject to process of any Civil, Criminal or Revenue Court until it has been delivered, or a suit has been
brought, as provided in this section.
48. Disposal of unclaimed timber.-If no such statement is presented as aforesaid, if the claimant omits to prefer his claim in the
manner and within the period fixed by the notice issued under section 46, or on such claim having been so preferred by him and
having been rejected, omits to institute a suit to recover possession of such timber within the further period fixed by section 47, the
ownership of such timber shall vest in the Government, or, when such timber has been delivered to another person under section 47,
in such other person free from all encumbrances not created by him.
49. Government and its officers not liable for damage to such timber.-TN Government shall not be responsible for any loss or
damage which may occur in respect any timber collected under section 45, and no Forest-officer shall be responsible for any such loss
or damage, unless he causes such loss or damage negligently, maliciously fraudulently,
50. Payments to be made by claimant before timber is delivered to him.-No person shall be entitled to recover possession of
any timber collected or delivered as aforesaid until he has paid to the Forest-officer or other person entitled to receive it such sum on
account thereof as may be due under any rule made under section 51.
51. Power to make rules and prescribe penalties.-(1) The State Government in make rules to regulate the following matters,
namely:
(a) the salving, collection and disposal of all timber mentioned in section 45;
(b) the use and registration of boats used in salving and collecting timber;
(c) the amounts to be paid for salving, collecting, moving, storing or disposing such timber; and
(d) the use and registration of hammers and other instruments to be used marking such timber.
(2) The State Government may prescribe, as penalties for the contravention of any rule made under this section, imprisonment for a
term which may extend to six months, or fine which may extend to five hundred rupees, or both.
CHAPTER IX
PENALTIES AND PROCEDURE
52. Seizure of property liable to confiscation.-(1) When there is reason to believe that a forest-offence has been committed in
respect of any forest-produce, such produce together with all tools, boats, carts or cattle used in committing any such offence, may
be seized by any Forest-officer or Police-officer.
(2) Every officer seizing any property under this section shall place on such property a mark indicating that the same has been so
seized, and shall, as soon as may be, make a - report of such seizure to the Magistrate having jurisdiction to try the offence on
account which the seizure has been made:
Provided that, when the forest-produce with respect to which such offence is belie to have been committed is the property of
Government, and the offender is unknown, it shall be sufficient if the officer makes, as soon as may be, a report of the circumstances
to his official superior.
53. Power to release property seized under section 52.-Any Forest-officer of a rank not inferior to that of a Ranger who, or
whose subordinate, has seized any tools, boats, carts or cattle under section 52, may release the same on the execution by the owner
thereof a bond for the production of the property so released, if and when so required, before the Magistrate having jurisdiction to try
the offence on account of which the seizure has been made.
54. Procedure thereupon.-Upon the receipt of any such report, the Magistrate shall, with all convenient despatch, take such
measures as may be necessary for the arrest and trial of the offender and the disposal of the property according to law.
55. Forest-produce, tools, etc., when liable to confiscation.--(1) All timber or forest produce which is not the property of
Government and in respect of which a forest-offence has been committed, and all tools, boats, carts and cattle used in committing
any forest offence, shall be liable to confiscation.
(2) Such confiscation may be in addition to any other punishment prescribed for such offence.
56. Disposal on conclusion of trial for forest-offence, of produce in respect of which it was committed.-When the trial of
any forest-offence is concluded, any forest-produce in respect of which such offence has been committed shall, if it is the property of
Government or has been confiscated, be taken charge of by a Forest-officer, and, in any other case, may be disposed of in such
manner as the Court may direct.
57. Procedure when offender not known or cannot be found.-When the offender is not known or cannot be found, the
Magistrate may, if he finds that an offence has been committed, order the property in respect of which the offence has been
committed to be confiscated and taken charge of by the Forest-officer, or to be made over to the person whom the Magistrate deems
to be entitled to the same:
Provided that no such order shall be made until the expiration of one month from d date of seizing such property, or without hearing
the person, if any, claiming any rig thereto, and the evidence, if any, which he may produce in support of his claim.
58. Procedure as to perishable property siezed under section 52.-The Magistrate may, notwithstanding anything hereinbefore
contained, direct the sale of any property seized under section 52 and subject to speedy and natural decay, and may deal with the
proceeds as he would have dealt with such property if it had not been sold.
59. Appeal from orders under section 55, section 56 or section 57.-The officer made the seizure under section 52, or any of his
official superiors, or any person claim to be interested in the property so seized, may, within one month from the date of any order
passed under section 55, section 56 or section 57, appeal therefrom to the Court to will orders made by such Magistrate are ordinarily
appealable, and the order passed on A appeal shall be final.
60. Property when to vest in Government.-When an order for the confiscation any property has been passed under section 55 or
section 57, as the case may be, and the period limited by section 59 for an appeal from such order has elapsed, and no such an
apppeal has been preferred, or when, on such an appeal being preferred, the Appellate C4 confirms such order in respect of the whole
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or a portion of such property, such property or such portion thereof, as the case may be, shall vest in the Government free from all
incumbrances.
61. Saving of power to release property seized.-Nothing hereinbefore contained shall be deemed to prevent any officer
empowered in this behalf by the State Government, from directing at any time the immediate release of any property seized under
section 52.
62. Punishment for wrongful seizure.-Any Forest-officer or Police-officer who vexatiously and unnecessarily seizes any property
on pretence of seizing property liable confiscation under this Act shall be punishable with imprisonment for a term which extend to six
months, or with fine which may extend to five hundred rupees, or with both.
63. Penalty for counterfeiting or defacing marks on trees and timber and for altering boundary marks.-Whoever, with
intent to cause damage or injury to the public or to any person, or to cause wrongful gain as defined in the Indian Penal Code�
(a) knowingly counterfeits upon any timber or standing tree a mark used by Forest-officers to indicate that such timber or tree is the
property o Government or of some person, or that it may lawfully be cut or removed some person; or
(b) alters, defaces or obliterates any such mark placed on a tree or on timber by under the authority of a Forest-officer; or
(c) alters, moves, destroys or defaces any boundary-mark of any forest or waste land to which the provisions of this Act are applied,
shall be punishable with imprisonment for a term which may extend to two years, or fine, or with both.
64. Power to arrest without warrant.--(1) Any Forest-officer or Police-officer without orders from a Magistrate and without a
warrant, arrest any person against whom a reasonable suspicion exists of his having been concerned in any forest-offence punishable
with imprisonment for one month or upwards.
(2) Every officer making an arrest under this section shall, without unnecessary delay and subject to the provisions of this Act as to
release on bond, take or send the person arrested before the Magistrate having jurisdiction in the case, or to the officer in charge of
the nearest police station.
(3) Nothing in this section shall be deemed to authorise such arrest for any act which is an offence under Chapter IV unless such act
has been prohibited under clause (c) of section 30.
65. Power to release on a bond a person arrested.-Any Forest-officer of a rank not inferior to that of a Ranger, who, or whose
subordinate, has arrested any person under the provisions of section 64, may release such person on his executing a bond to appear,
if and when so required, before the Magistrate having jurisdiction in the case, or before the officer in charge of the nearest police
station.
66. Power to prevent commission of offence.-Every Forest-officer and Police officer shall prevent, and may interfere for the
purpose of preventing, the commission of any forest-offence.
67. Power to try offences summarily.-The District Magistrate or any Magistrate of the first class specially empowered in this behalf
by the State Government may try summarily, under the Code of Criminal Procedure, 1898, any forest-offence punishable with
imprisonment for a term not exceeding six months, or fine not exceeding five hundred rupees, or both.
68. Power to compound offences.-(1) The State Government may, by notification in the Official Gazette, empower a Forest officer
(a) to accept from any person against whom a reasonable suspicion exists that he has committed any forest-offence, other than an
offence specified in section 62 or section 63, a sum of money by way of compensation for the offence which such person is suspected
to have committed, and
(b) when any property has been seized as liable to confiscation, to release the same on payment of the value thereof as estimated by
such officer.
(2) On the payment of such sum of money, or such value, or both, as the case may be, to such officer, the suspected person, if in
custody, shall be discharged, the property, if any seized shall be released, and no further proceedings shall be taken against such
person or property.
(3) A Forest-officer shall not be empowered under this section unless he is a Forest officer of a rank not inferior to that of a Ranger
and is in receipt of a monthly salary amounting to at least one hundred rupees, and the sum of money accepted as compensation
under clause (a) of sub-section (1) shall in no case exceed the sum of fifty rupees.
69. Presumption that forest-produce belongs to Government.-When in any proceedings taken under this Act, or in consequence
of anything done under this Act, a question arises as to whether any forest-produce is the property of the Government, such produce
shall be presumed to be the property of the Government until the contrary is proved.
CHAPTER X
CATTLE-TRESPASS
70. Cattle-trespass Act, 1871, to apply.-Cattle trespassing in a reserved forest any portion of a protected forest which has been
lawfully closed to grazing shall be deem to be cattle doing damages to a public plantation within the meaning of section II of Cattle-
trespass Act, 1871 (1 of 1871), and may be seized and impounded as such by Forest-officer or Police-officer.
71. Power to alter fines fixed under that Act.-The State Government may, notification in the Official Gazette, direct that, in lieu
of the fines fixed under section I the Cattle-trespass Act, 1871 (1 of 1871), there shall be levied for each head of cattle impounded
under section 70 of this Act such fines as it thinks fit, but not exceeding following, that is to say:-
For each elephant ten rupees
For each buffalo or camel two rupees
For each horse, mare, gelding, pony, colt, filly, mule, bull,
bullock, cow, or heifer one rupee
For each calf, ass, pig, ram, ewe, sheep, lamb, goat or kid eight annas
CHAPTER XI
OF FOREST-OFFICERS
72. State Government may invest Forest-officers with certain powers.-(1) The State Government may invest any Forest-
officer with all or of the following powers, that is to say:-
(a) power to enter upon any land and to survey, demarcate and make a map of the same;
(b) the powers of a Civil Court to compel the attendance of witnesses and production of documents and material objects;
(c) power to issue a search-warrant under the Code of Criminal Procedure, 1898 (5 of 1898); and
(d) power to hold an inquiry into forest-offences, and, in the course of such inquiry, to receive and record evidence.
(2) Any evidence recorded under clause (d) of sub-section (1) shall be admissible in subsequent trial before a Magistrate, provided
that it has been taken in the presence of accused person.
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73. Forest officers deemed public servants.-All Forest-officers shall be deemed be public servants within the meaning of the
Indian Penal Code, 1860 (45 of 1860).
74. Indemnity for acts done in good faith.-No suit shall lie against any public servant for anything done by him in good faith
under this Act.
75. Forest-officers not to trade.-Except with the permission in writing of the State Government, no Forest-officer shall, as principal
or agent, trade in timber or other forest produce, or be or become interested in any lease of any forest or in any contract for working
any forest, whether in or outside 17[the territories to which this Act extends].
CHAP TER XII
SUBSIDIARY RULES
76. Additional powers to make rules.-The State Government may make rules
(a) to prescribe and limit the powers and duties of any Forest-officer under this Act;
(b) to regulate the rewards to be paid to officers and informers out of the proceeds of fines and confiscation under this Act;
(c) for the preservation, reproduction and disposal of trees and timber belonging to Government, but grown on lands belonging to or
in the occupation of private persons; and
(d) generally, to carry out the provisions of this Act.
77. Penalties for breach of rules.-Any person contravening any rule under this Act, for the contravention of which no special
penalty is provided, shall be punishable with imprisonment for a term which may extend to one month, or fine which may extend to
five hundred rupees, or both.
78. Rules when to have force of law.-All rules made by the State Government under this Act shall be published in the Official
Gazette, and shall thereupon, so far as they are consistent with this Act, have effect as if enacted therein.
CHAPTER XIII
MISCELLANEOUS
79. Persons bound to assist Forest-officers and Police-officers.-(1) Every person who exercises any right in a reserved or
protected forest, or who is permitted to take any forest-produce from, or to cut and remove timber or to pasture cattle in, such forest,
and every person who is employed by any such person in such forest, and
every person in any village contiguous to such forest who is employed by the Government or who receives emoluments from the
Government for services to be performed to the community,
shall be bound to furnish without unnecessary delay to the nearest Forest-officer or Police officer any information he may possess
respecting the commission of, or intention to commit, any forest-offence, and shall forthwith take steps, whether so required by any
Forest-officer or Police officer or not,-
(a) to extinguish any forest fire in such forest of which he has knowledge or information;
(b) to prevent by any lawful means in his power any fire in the vicinity of such forest of which he has knowledge or information from
spreading to such forest,
and shall assist any Forest-officer or Police-officer demanding his aid
(c) in preventing the commission in such forest of any forest-offence; and
(d) when there is reason to believe that any such offence has been committed such forest in discovering and arresting the offender.
(2) Any person who, being bound so to do, without lawful excuse (the burden of provin which shall lie upon such person) fails
(a) to furnish without unnecessary delay to the nearest Forest-officer or Police officer any information required by sub-section (1);
(b) to take steps, as required by sub-section (1), to extinguish any forest fire in reserved or protected forest;
(c) to prevent, as required by sub-section (1), any fire in the vicinity of such fore.4 from spreading to such forest or
(d) to assist any Forest-officer or Police officer demanding his aid in preventing th commission in such forest of any forest-offence, or,
when there is reason believe that any such offence has been committed in such forest, in discover and arresting the offender,
shall be punishable with imprisonment for a term which extend to one month, or with fine which may extend to two hundred rupees,
or with both.
80. Management of forests the joint property of Government and other persons. (1) If the Government and any person be
jointly interested in any forest or waste-land, a in the whole or any part of the produce thereof, the State Government may either
(a) undertake the management of such forest, waste-land or produce, accounting to such person for his interest in the same; or
(b) issue such regulations for the management of the forest, waste-land or produce by the person so jointly interested as it deems
necessary for the management thereof and the interests of all parties therein.
(2) When the State Government undertakes under clause (a) of sub-section (1) the management of any forest, waste-land or
produce, it may, by notification in the Official Gazette, declare that any of the provisions contained in Chapters 11 and IV shall apply
to such forest, waste-land or produce, and thereupon such provisions shall apply accordingly.
81. Failure to perform service for which a share in produce of Government forest is employed.-If any person be entitled to
a share in the produce of any forest which is the property of Government or over which the Government has proprietary rights or to
any part of the forest-produce of which the Government is entitled upon the condition of duly performing any service connected with
such forest, such share shall be liable to confiscation in the event of the fact being established to the satisfaction of the State
Government that such service is no longer so performed:
Provided that no such share be confiscated until the person entitled thereto, and the evidence, if any, which he may produce in proof
of the due performance of such service, have been heard by an officer duly appointed in that behalf by the State Government.
82. Recovery of money due to Government. All money payable to the Government under this Act, or under any rule made under
this Act, or on account of the price of any forest produce, or of expenses incurred in the execution of this Act in respect of such
produce, may, if not paid when due, be recovered under the law for the time being in force as if it were an arrear of land-revenue.
83. Lien on forest-produce for such money.--(1) When any such money is payable for or in respect of any forest-produce, the
amount thereof shall deemed to be a first charge on such produce, and such produce may be taken possession of by a Forest-officer
until such amount has been paid.
(2) If such amount is not paid when due, the Forest-officer may sell such produce by public auction, and the proceeds of the sale shall
be applied first in discharging such amount.
(3) The surplus, if any, if not claimed within two months from the date of the sale by the person entitled thereto, shall be forfeited to
Government.
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84. Land required under this Act to be deemed to be needed for a public purpose under the Land Acquisition Act, 1894.--
Whenever it appears to the State Government that any land is required for any of the purposes of this Act, such land shall be deemed
to be needed for a public purpose within the meaning of section 4 of the Land Acquisition Act, 1894 (1 of 1894).
85. Recovery of penalties due under bond. When any person, in accordance with any provision of this Act, or in compliance with
any rule made thereunder, binds himself by any an bond or instrument to perform any duty or act or covenants by any bond or
instrument that he, or that he and his servants and agents will abstain from any act, the whole sum mentioned in such bond or
instrument as the amount to be paid in case of a breach of the conditions thereof may, notwithstanding anything in section 74 of the
Indian Contract Act, 1872 (9 of 1872), be recovered from him in case of such breach as if it were an arrear of land revenue.
18[85A. Saving for rights of Central Government.-Nothing in this Act shall authorise a Government of any State to make any
order or do anything in relation to any property not vested in that State or otherwise prejudice any rights of the Central Government
or the Government of any other State without the consent of the Government concerned.]
86. Repeals.- [Rep. by Repealing and Amending Act, 1947 (2 of 1948), sec.2 and Sch.]
THE SCHEDULE.-[Enactments Repealed.] Rep. by sec.2 and Sch., ibid.
1 Subs. by the Adaptation of Laws (No. 3) Order, 1956, for sub-sections (2) and (3).
2 This Act has been declared to be in force in the Khondmals District by the Khondmals Laws Regulation 1936 (4 of 1936), sec. 3 and
Sch; and in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936) sec. 3 and Sch.
This Act has been extended to :-
(1) Berar (partially) by the Berar Laws Act, 1941 (4 of 1941).
(2) The Province of Coorg, see Coorg Gazette, 1930, Pt. I p. 94.
(3) The Delhi Province, see Gazette of India, 1933, Pt. IIA, p. 293.
(4) The whole of Madhya Pradesh, by M.P. Act 23 of 1958.
(5) Dadra and Nagar Haveli, by Reg. 6 of 1963, sec, 2 and Sch. I (w.e.f. 1.7.1965).
(6) Pondicherry by Reg. 7 of 1963, see. 3 and Sch. (w.e.f. 1.10.1963).
(7) Goa, Daman and Diu by Reg. II of 1963, sec. 3 and Sch.; and
(8) Laccadive, Minicoy and Amindivi Islands by the Reg. 8 of 1965, sec. 3 and Sch. (w.e.f. 1.10.1967).
(9) Sikkim by S.O. 1138 (E), dated 1st December, 1988 (w.e.f. 20.4.1989).
3 The words "the G.G. in C., or" omitted by the A.O. 1937.
4 Ins. by Act 26 of 1930, sec. 2.
5 Ins. by Act 3 of 1933, sec. 2.
6 The words "subject to the control of the G.G. in C.," omitted by the A.O. 1937.
7 Subs. by the A.O. 1937, for "L.G."
8 Subs. by the Adaptation of Laws (No. 3) Order, 1956, for "Part A States and Part C States".
9 The proviso omitted by the A.O. 1937.
10 Ins. by the A.O. 1937 as amended by para. 2 and Sch. to the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
11 Subs. by the A.O. 1950, for "the Central Legislature"
12 i.e. the 26th January, 1950.
13 Subs. by the A.0. 1950, for "Part III of the Government of India Act, 1935".
14 Subs. by the A.0. 1937, for "British India".
15 Ins. by the A.O. 1937.
16 Subs. by the Adaptation of Laws (No. 3) Order, 1956, for "Part A States and Part C States".
17 Subs. by the Adaptation of Laws (No. 3) Order, 1956, for "Part A States and Part C States"
18 Subs. by the A.O. 1950, for the former section 85A which had been inserted by the A.0. 1937.
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Forest (Conservation) Act, 1980 with Amendments Made in 1988
An Act to provide for the conservation of forests and for matters connected therewith or ancillary or incidental thereto.
Be it enacted by Parliament in the Thirty-first Year of the Republic of India as follows:-
1. Short title, extent and commencement.
(1) This Act may be called the Forest (Conservation) Act, 1980.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall be deemed to have come into force on the 25th day of October, 1980.
2. Restriction on the dereservation of forests or use of forest land for non-forest purpose.
Notwithstanding anything contained in any other law for the time being in force in a State, no State Government or other authority
shall make, except with the prior approval of the Central Government, any order directing-
(i) that any reserved forest (within the meaning of the expression "reserved forest" in any law for the time being in force in
that State) or any portion thereof, shall cease to be reserved;
(ii) that any forest land or any portion thereof may be used for any non-forest purpose;
(iii) that any forest land or any portion thereof may be assigned by way of lease or otherwise to any private person or to any
authority, corporation, agency or any other organisation not owned, managed or controlled by Government;
(iv) that any forest land or any portion thereof may be cleared of trees which have grown naturally in that land or portion,
for the purpose of using it for reafforestation.
Explanation - For the porpose of this section, "non-forest purpose" means the breaking up or clearing of any forest land or portion
thereof for-
(a) the cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticultural crops or medicinal plants;
(b) any purpose other than reafforestation;
but does not include any work relating or ancillary to conservation, development and management of forests and wildlife,
namely, the establishment of check-posts, fire lines, wireless communications and construction of fencing, bridges and
culverts, dams, waterholes, trench marks, boundary marks, pipelines or other like purposes.
3. Constitution of Advisory Committee.
The Central Government may constitute a Committee consisting of such number of persons as h may deem fit to advise that
Government with regard to-
(i) the grant of approval. under Section 2; and
(ii) any other matter connected with the conservation of forests which may be referred to h by the Central Government.
3A. Penalty for contravention of the provisions of the Act.
Whoever contravenes or abets the contravention of any of the provisions of Section 2, shall be punishable with simple imprisonment
for a period which may extend to fifteen days.
3B. Offences by the Authorities and Government Departments.
(1) Where any offence under this Act has been committed -
(a) by any department of Government, the head of the department; or
(b) by any authority, every person who, at the time the offence was committed, was directly in charge of, and was
responsible to, the authority for the conduct of the business of the authority as well as the authority;
shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render the head of the department or any person referred to in
clause (b), liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised
all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence punishable under the Act has been committed
by a department of Government or any authority referred to in clause (b) of sub-section (1) and it is proved that the offence
has been committed with the consent or connivance of; or is attributable to any neglect on the part of any officer, other than
the head of the department, or in the case of an authority, any person other than the persons referred to in clause (b) of
sub-section (1), such officer or persons shall also be deemed to be guilty of that offence and shall be liable to be proceeded
against and punished accordingly.
4. Power to make rules.
(1) The Central Government may, by notification in the Official Gazette, makes rules for carrying out the provisions of this
Act.
(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while
it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both
Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
5. Repeal and saving.
(1) The Forest (Conservation) Ordinance, 1980 is hereby replaced.
(2) Notwithstanding such repeal, anything done or any action taken under the provisions of the said Ordinance shall be
deemed to have been done or taken under the corresponding provisions of this Act.
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Forest (Conservation) Rules, 1981
(as amended up to May 1992)
G.S.R. 719... in exercise of the powers conferred by sub-section (i) of section 4 of the Forest (Conservation) Act, 1980 (69 of 1980),
the Central Government hereby makes the following rules, namely
1. Short title, extent and commencement
(a) These rules may called the Forest (Conservation) Rules, 1981.
(b) They shall extend to the whole of India except the State of Jammu and Kashmir.
(c) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions :-In these rules, unless the context otherwise requires -
(a) "Act" means the Forest (Conservation) Act, 1980 (69 of 1980)
(b) "Committee" means the Committee constituted under section 3
(c) "Chairman" means the Chairman of the Committee
(d) "Member" means a member of the Committee
(e) "Section" means a section of the Act.
2A (1) Composition of the Committee:- The Committee shall be composed of the following Members :
(i) Inspector General of Forests - Chairman
(ii) Additional Inspector General of Forests - Member
(iii) Joint Commissioner (Soil Conservation) - Member
Ministry of Agriculture
(iv) Three eminent environmentalists - Member
(non-officials)
(V) Deputy Inspector General of Forests - Member-Secretary
(Forest Conservation), Ministry of Environment
and Forests
(2) Additional Inspector General of Forests shall act as the Chairman in the absence of Inspector General of Forests.
2B. Terms of appointment of non-official members shall be as follows
(i) A non-official member shall hold his office for a period of two years.
(ii) A non-official member shall cease to hold off ice if he dies, resigns, becomes of unsound mind, becomes insolvent or is
convicted by a court of law on a criminal offence involving moral turpitude.
(iii) Any vacancy in the membership caused by any reason mentioned in sub-rule (ii) shall be filled by the Government for
the unexpired portion of 2 years term.
(iv) Travelling and daily allowances shall be payable to the non-official members of the Committee at the highest rate
admissible to the Government servants of Group W under the rules and orders made by the Central Government and for the
time being in force.
Provided that the payment of travelling allowance and daily allowance to a member who is a Member of the Parliament or a
Member of a State Legislature shall be regulated in accordance with the Salary, Allowance and Pension of Members of
Parliament Act, 1954 or the respective provisions of law pertaining to the Members of the concerned State Legislature.
3. Conduct of business of the Committee
(1) The Chairman shall call the meeting of the Committee as often as necessary, but not less frequently than once in a
month.
(2) The meetings of the Committee shall normally be held at New Delhi. However, in a case where the Chairman is satisfied
that inspection of site or sites of forest land proposed to be used for non-forest purposes would be necessary or expedient in
connection with the consideration of the proposal or proposals received under sub-rule (1) of rule-4, he may direct that the
meetings of the Committee will be held at a place other than Delhi from where such inspection of she or sites can be
undertaken conveniently.
(3) The Chairman shall preside over every meeting of the Committee at which he is present :
Provided that K the Chairman is absent from a meeting and it is not expedient to adjourn the meeting, the senior-most
member of the Committee shall preside over the meeting.
(4) Every question upon which the Committee is required to advise shall be considered at its meeting provided that in urgent
cases K the meeting of the Committee cannot be convened within a month, the Chairman may direct that necessary papers
may be sent to the Members for their opinion by a stipulated date.
(5) The quorum for the meeting of the Committee shall be three.
4.
(1) Every State Government or other authority seeking the prior approval under section 2 shall send its proposal to the
Central Government in the form appended to these rules :
Provided that all proposals involving clearing naturally grown trees in forest land or portion thereof for the purpose of using
K for reafforestation shall be sent in the form of Working Plan / Management Plan.
(2) Every proposal referred to in sub-rule (1) shall be sent to the following address, namely :
Secretary to the Government of India
Ministry of Environment & Forests
Paryavaran Bhawan, CGO Complex
Lodi Road, New Delhi - 110003
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Provided that all proposals involving forest land up to twenty hectares and proposals involving clearing of naturally grown
trees in forest land or portion thereof for the purpose of using it for reafforestation shall be sent to the Chief Conservator of
Forests 1 Conservator of Forests of the concerned Regional Office of the Ministry of Environment and Forests.
5. Committee to advise on proposals received by the Central Government (1) The Central Government shall refer every proposal
received by it under sub-rule
(1) of rule 4 to the Committee for its advice thereon if the area of the forest land involved is more than twenty hectares.
Provided that proposals involving clearing of naturally grown trees in forest land or portion thereof for the purpose of using it
for reafforestation shall not be referred to the Committee for its advice.
(2) The Committee shall have due regard to all or any of the following matters while tendering its advice on the proposals
referred to R under sub-rule (1), namely :
(a) Whether the forests land proposed to be used for non-forest purpose forms part of a nature reserve, national
park wildlife sanctuary, biosphere reserve or forms part of the habitat of any endangered or threatened species of
flora and fauna or of an area lying in severely eroded catchment;
(b) Whether the use of any forest land is for agricultural purposes or for the rehabilitation or persons displaced
from their residences by reason of any river valley or hydro-electric project;
(c) Whether the State Government or the other authority has certified that it has considered all other alternatives
and that no other alternatives in the circumstances are feasible and that the required area is the minimum needed
for the purpose; and
(d) Whether the State Government or the other authority undertakes to provide at its cost for the acquisition of
land of an equivalent area and afforestation thereof.
(3) While tendering the advice, the Committee may also suggest any conditions or restrictions on the use of any forest land
for any non-forest purpose which, in its opinion, would minimise adverse environmental impact.
6. Action of the Central Government on the advice of the Committee -The Central Government shall. after considering the advice of
the Committee tendered under rule 5 and after such further enquiry as it may consider necessary, grant approval to the proposal with
or without conditions or reject the same.
FORM
Form for seeking prior approval under section 2 of the proposals by the State Governments and other authorities. (See rule 4)
1. Project details:
(i) Short narrative of the proposal and project 1 scheme for which the forest land is required.
(ii) Map showing the required forest area, boundary of adjoining forest and itemwise break-up of the required forest area for
different purposes (to be authenticated by an officer not below the rank of Deputy Conservator of Forests).
(iii) Total cost of the project:
(iv) Justification for locating the project in the forest area giving alternatives examined and reasons for their rejection.
(v) Financial and social benefits.
(vi) Total population benefited.
(vii) Employment generated.
2. Location of the project 1 Scheme:
(i) State/Union Territory.
(ii) District.
(iii) Forest Division, Forest Block, compartment etc.
3. Item-wise break-up of the total land required for the project/scheme along with its existing land use.
4. Details of forest land involved:
(i) Legal status of the forest (namely, reserve, protected/unclassed, etc.)
(ii) Details of flora and fauna existing in the area.
(iii) Density of vegetation.
(iv) Species-wise and diameter class-wise abstract of trees.
(v) Vulnerability of the forest area to erosion, whether it forms a part of a seriously eroded area or not.
(vi) Whether h forms a part of national park, wildlife sanctuary, nature reserve, biosphere reserve, etc; and 9 so, details of
the area involved. (Specific comments of the Chief Wildlife Warden to be annexed).
(vii) Item-wise break-up of the forest land required for the project/scheme for different purposes.
(viii) Rare/endangered species of flora and fauna found in the area.
(ix) Whether it is a habitat for migrating fauna or forms a breeding ground for them.
(X) Any other significance of the area relevant to the proposal.
5. Details of displacement of people due to the project :
(i) Total number of families involved in displacement.
(ii) Number of Scheduled Caste/Scheduled Tribe families involved in displacement.
(iii) Detailed rehabilitation plan.
6. Details of compensatory afforestation scheme:
(i) Details of non forest area/degraded forest area identified for compensatory afforestation, its distance from adjoining
forest, number of patches, size of each patch.
(ii) Map showing non-forest/degraded forest area identified for compensatory afforestation an adjoining forest boundaries.
(iii) Detailed compensatory afforestation scheme including species to be planted, implementing agency, time schedule, cost
structure etc.
(iv) Total financial outlay, for compensatory afforestation scheme.
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(v) Certificates from competent authority regarding suitability of area identified for compensatory afforestation for
afforestation and from management point of view. (To be signed by an officer not below the rank of Deputy Conservator of
Forests).
(vi) Certificate from the Chief Secretary regarding non-availability of the nonforest land for compensatory afforestation (if
applicable).
7. Details regarding Transmission Lines (only for Transmission Line proposals):
(i) Total length of the Transmission Line.
(ii) Length passing through forest area.
(iii) Right of Way.
(iv) Number of Towers to be erected.
(v) Number of Towers to be erected in forest area.
(vi) Height of Transmission Towers.
8. Details of Irrigation Hydel Project (only for Irrigation/Hydel Projects):
(i) Total catchment area.
(ii) Total command area.
(iii) Full Reservoir Level.
(iv) High Flood Level.
(v) Minimum Drawal Level.
(vi) Break-up of area failing in catchment area of the project (forest land, cultivated land, pasture land, human cultivation,
others).
(vii) Area of submergence at High Flood Level.
(viii) Area of submergence at Full Reservoir Level.
(ix) Area of submergence at 2 metre below Full Reservoir Level.
(x) Area of submergence at 4 metre below Full Reservoir Level (For medium and major projects only).
(xi) Area of submergence at Minimum Drawal Level.
(xii) Detailed catchment area treatment plan.
(xiii) Total financial outlays and details regarding availability of funds for Catchment Area Treatment Plan.
9. Details regarding Road/Railway Lines (only for Roads/Railway lines proposal):
(i) Length and width of the strip and forest area required.
(ii) Total length of the road.
(iii) Length of the road already constructed .
(iv) Length of the road passing through the forest.
10. Details regarding mining proposals (only for mining proposals):
(i) Total mining lease area and forest area required.
(ii) Period of mining lease proposed.
(iii) Estimated reserve of each mineral/ore in the forest area and in the non-forest area.
(iv) Annual estimated production of mineral/ore.
(v) Nature of mining operations (open cast/underground)
(vi) Phased reclamation plan.
(vii) Gradient of the area where mining would be undertaken.
(viii) Copy of the Lease Deed (to be attached only for renewal purposes).
(ix) Number of labourers to be employed.
(x) Area of forest land required for
(a) Mining.
(b) Storing mineral/ore.
(c) Dumping of overburden.
(d) Storing tools and machinery.
(e) Construction of building power stations, workshops, etc.
(f) Township/housing colony
(g) Construction of road/rope way/railway lines.
(h) Full land use plan of forest area required.
(xi) Reasons why any of the activities, referred to in (a) to (h) above under the project for which forest land has been asked
for cannot be undertaken/located outside forest area.
(xii) The extent of damage likely to be caused and the number of trees affected on account of mining and related activities.
(xiii) Distance of the mining area from perennial watercourses, national and State highways, national parks, sanctuaries and
biosphere reserves.
(xiv) Procedure for stocking of the topsoil for reuse.
(xv) Extent of subsidence expected in underground mining operations and its impact on water, forest and other vegetation.
11. Cost-benefit analysis.
12. Whether clearance from environmental angle is required (Yes/NO).
If, yes, whether, requisite details for the same have been furnished (Yes/No
13. Whether any work in violation of the Act has been carded out (Yes/No).
If yes,
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(i) Details of the same including date of commencement.
(ii) Officers responsible for violation of the Act.
(iii) Action taken/being taken against erring officers.
(iv) Whether work in violation of the Act is still in progress.
14. Any other information....
15. Details of Certificates/documents enclosed.
16. Detailed opinion of the Chief Conservator of Forests/Head of the Forest Department concerned covering the following aspects,
namely :
(i) Out-turn of timer, fuelwood and other forest produce from the forest land involved.
(ii) Whether the district is self-sufficient in timber and fuelwood, and
(iii) The effect of the proposal on
(a) Fuelwood supply to rural population
(b) Economy and livelihood of the tribals and backward communities.
(iv) Specific recommendations of the Chief Conservator of Forests/head of the forest Department for acceptance or
otherwise of the proposal with reasons thereof.
Certified that all other alternatives for the purpose have been explored and the demand for the required area is the
minimum demand for forest land.
Signature of the authorised officer of the
State Government/ Authority
N.B.1.: While furnishing details of flora and fauna, the species should be described by their scientific names.
N.B.2.: If the space provided above is not sufficient to specify any information, please attach separate details/documents.
(No. 5-5/86-1-C)
Footnote:
The principal rules were notified vide Number G.S.R. 719 dated the 20th July, 1981 and subsequently amended vide (1) G.S.R. 14,
dated the 28th December, 1987.
(2) G.S.R. 640 (E), dated the 26th June, 1989.
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New Delhi, the 20th January, 2003/Pausa 30, 1924 (Saka)
The following Act of Parliament received the assent of the President on the l7th January, 2003, and is hereby published for general
information:
THE WILD LIFE (PROTECTION) AMENDMENT ACT, 2002
No. 16 of 2003
[17thJanuary, 2003.]
An Act further to amend the Wild Life (Protection) Act, 1972.

BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:
Short Title and Commencement
1. (1) This Act may be called the Wild Life (Protection) Amendment Act, 2002. ��
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different
dates may be appointed for different provisions of this Act.
Amendment of Long Title
53 of 1972
2. In the Wild Life (Protection) Act, 1972 (hereinafter referred to as the principal Act), for the long title, the following long title shall
be substituted, namely:�
"An Act to provide for the protection of wild animals, birds and plants and for matters connected therewith or ancillary or
incidental thereto with a view to ensuring the ecological and environmental security of the country.".
Amendment of section 2
3. In section 2 of the principal Act,�
(a) for clause (1), the following clause shall be substituted, namely:-�
'(1) "animal" includes mammals, birds, reptiles, amphibians, fish, other chordates and invertebrates and also includes their
young and eggs;';
(b) for clause (4), the following clause shall be substituted, namely:-�
'(4) "Board" means a State Board for Wild Life constituted under sub�section (1) of section 6;';
(c) clause (8) shall be omitted;
(d) for clause (9), the following clause shall be substituted, namely:-�
'(9) "Collector" means the chief officer-in-charge of the revenue administration of a district or any other officer not below the rank of a
Deputy Collector as may be appointed by the State Government under section 18B in this behalf;';
(e) for clause (11), the following clause shall be substituted, namely:�
'(11) "dealer" in relation to any captive animal, animal article, trophy, ��uncured trophy, meat or specified plant,
means a person, who carries on the business of buying or selling any such animal or article, and includes a person who undertakes
business in any single transaction;';
(f) for clause (12A), the following clauses shall be substituted, namely:��
16 of 1927
'(12A) "Forest officer" means the Forest officer appointed under clause (2) of section 2 of the Indian Forest Act, 1927 or under any
other Act for the time being in force in a State;
16 of 1927
(12B) "forest produce" shall have the same meaning as in sub-clause (b) of clause (4) of section 2 of the Indian Forest Act, 1927;';
(g) in clause (16), for sub-clauses (a) and (b), the following sub-clauses shall be substituted, namely:�
"(a) killing or poisoning of any wild animal or captive animal and every attempt to do so;
(b) capturing, coursing, snaring, trapping, driving or baiting any wild or captive animal and every attempt to do so;";
(h) for clause (18A), the following clause shall be substituted namely:
'(18A) "livestock" means farm animals and includes buffaloes, bulls, bullocks, camels, cows, donkeys, goats, sheep, homes,
mules, yaks, pigs, ducks, geese, poultry and their young but does not include any animal specified in Schedules I to V;';
(i) for clauses (19) and (20), the following clauses shall be substituted, namely:-
'(19) "manufacturer" means a person who manufactures articles from any animal or plant specified in Schedules I to V and
VI, as the case may be;
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(20) "meat" includes blood, bones, sinew, eggs, shell or carapace, fat and flesh with or without skin, whether raw or cooked,
of any wild animal or captive animal, other than a vermin;
(20A) "National Board" means the National Board for Wild Life constituted under section 5A;';
(j) after clause (24), the following clause shall be inserted, namely:
'(24A) "protected area means a National Park, a sanctuary, a conservation reserve or a community reserve notified under
sections 18, 35, 36A and 36C of the Act;';
(k) for clauses (25B) and (26), the following clauses shall be substituted, namely:
'(25B) "reserve forest" means the forest declared to be reserved by the State Government under section 20 of the Indian
Forest Act, 1927, or declared as such under any other State Act;
(26) "sanctuary" means an area declared as a sanctuary by notification under the provisions of Chapter IV of this Act and
shall also include a deemed sanctuary under sub-section (4) of section 66;';
(l) clause (28) shall be omitted;
(m) for clause (30), the following clause shall be substituted, namely:
'(30) "taxidermy", with its grammatical variations and cognate expressions, means the curing, preparation or preservation
or mounting of trophies;';
(n) in clause (31), for sub-clause (b), the following sub-clause shall be substituted, namely:
"(b) antler, bone, carapace, shell-, horn, rhinoceros horn, hair, feather, nail, tooth, tusk, musk, eggs, nests and
honeycomb;";
(o) for clause (36), the following clause shall be substituted, namely:
'(36) "wild animal" means any animal specified in Schedules I to IV and found wild in nature;';
(p) for clause (37), the following clause shall be substituted, namely:
'(37) "wild life" includes any animal, aquatic or land vegetation which forms part of any habitat;';
(q) in clause (39), for the words "but does not include a circus arid an establishment", the words "and includes a circus and rescue
centres but does not include an establishment" shall be substituted.
Amendment of Section 3
4. In section 3 of the principal Act,
(i) in sub-section (1), clause (b) shall be omitted;

(ii) for sub-section (3), the following sub-section shall be substituted, namely:
"(3) The officers and other employees appointed under this section shall be required to assist the Director.".
5. In section 4 of the principal Act, in sub-section (1), for clause (bb), the following clause shall be substituted, namely:
"(bb) Honorary Wild Life Wardens;".
Insertion of New Sections 5A to 5C
6. After section 5 of the principal Act, the following sections shall be inserted, namely:-
Constitution of the National Board for Wild Life
"5A. (1) The Central Government shall, within three months from the date of commencement of the Wild Life (Protection)
Amendment Act, 2002, constitute the National Board for Wild Life consisting of the following members, namely:-
(a) the Prime Minister as Chairperson;

(b) the Minister in-charge of Forests and Wild Life as Vice-Chairperson;
(c) three members of Parliament of whom two shall be from the House of the People and one from the Council of States;
(d) Member, Planning Commission in-charge of Forests and Wild Life;
(e) five persons to represent non-governmental organisations to be nominated by the Central Government;
(f) ten persons to be nominated by the Central Government from amongst eminent conservationists, ecologists and
environmentalists;
(g) the Secretary to the Government of India in-charge of the Ministry or Department of the Central Government dealing
with Forests and Wild Life;
(h) the Chief of the Army Staff,
(i) the Secretary to the Government of India in-charge of the Ministry of Defence;
(j) the Secretary to the Government of India in-charge of the Ministry of information and Broadcasting;
(k) the Secretary to the Government of India in;-charge of the Department of Expenditure, Ministry of Finance;
(l) the Secretary to the Government of India, Ministry of Tribal Welfare;
(m) the Director-General of Forests in the Ministry or Department of the Central Government dealing with Forests and Wild
Life;
(n) the Director-General of Tourism, Government of India;
(o) the Director-General, Indian Council for Forestry Research and Education, Dehradun;
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(p) the Director, Wild Life Institute of India, Dehradun;
(q) the Director, Zoological Survey of India;
(r) the Director, Botanical Survey of India;
(s) the Director, Indian Veterinary Research lnstitute;
(t) the Member-Secretary, Central Zoo Authority;
(u) the Director, National Institute of Oceanography;
(v) one representative each from ten States and Union territories by rotation, to be nominated by the Central Government;
(w) the Director of Wild Life preservation who shall be the Member-Secretary of the National Board.
(2) The term of office of the members other than those who are members ex officio, the manner of filling vacancies referred
to in clauses (e), (1) and (v) of subsection (1), and the procedure to be followed in the discharge of their functions by the members of
the National. Board shall be such, as may be prescribed.
(3) The members (except members ex officio) shall be entitled to receive such allowances in respect of expenses incurred in
the performance of their duties as may be prescribed.
(4) Notwithstanding anything contained in any other law for the time being in force, the office of the member of the National
Board shall not be deemed to be an office of profit.
Standing Committee of the National Board
5B. (1) The National Board may, in its discretion, constitute a Standing Committee for the purpose of exercising such powers and
performing such duties as may be delegated to the Committee by the National Board.
(2) The Standing Committee shall consist of the Vice-Chairperson, the Member-Secretary, and not more than ten members to be
nominated by the Vice-Chairperson from amongst the members of the National Board.
(3) The National Board may constitute committees, sub-committees or study groups, as may be necessary, from time to time in
proper discharge of the functions assigned to it.
Functions of the National Board

5C. (1) It shall be the duty of the National Board to promote the conservation and development of wild life and forests by
such measures as it thinks fit.:
(2) Without prejudice to the generality of the foregoing provision, the measures referred to therein may provide for
(a) framing policies and advising the Central Government and the State Governments on the ways and means of promoting
wild life conservation and effectively controlling poaching and illegal trade of wild life and its products;
(b) making recommendations on the setting up of and management of national parks, sanctuaries and other protected areas
and on matters relating to restriction of activities in those areas;
(c) carrying out or causing to be carried but impact assessment of various projects and activities on wild life or its habitat;
(d) reviewing from time to time, the progress in the field of wild life conservation in the country and suggesting measures
for improvement thereto; and
(e) preparing and publishing a status report at least once in two years on wild life in the country.".
Substitution of new section for section 6
1. For section 6 of the principal Act, the following section shall be substituted, namely:-
Constitution of State Board for Wild Life
"6. (1) The State Government shall, within a period of six months from the date of commencement of the Wild Life
(Protection) Amendment Act, 2002 constitute a State Board for Wild Life consisting of the following members, namely:
(a) the Chief Minister of the State and in case of the Union territory, either Chief Minister or Administrator, as the case may
be Chairperson;
(b) the Minister in-charge of Forests and Wild Life Vice-Chairperson;
(c) three members of the State Legislature or in the case of a Union territory with Legislature, two members of the
Legislative Assembly of that Union territory;
(d) three persons to represent non-governmental organisations dealing with wild life to be nominated by the State
Government;
(e) ten persons to be nominated by the. State Government from amongst eminent conservationists, ecologists and
environmentalists including at least two representatives of the Scheduled Tribes;
(f) the Secretary to the State Government or the Government of the Union territory, as the case may be, in -charge of
Forests and Wild Life;
(g) the Officer in-charge of the State Forest Department;
(h) the Secretary to the State Government, Department of Tribal Welfare;
(i) the Managing Director, State Tourism Development Corporation;
(j) an officer of-the State Police Department not below the rank of Inspector General;
(k) a representative of the Armed Forces not below the rank of a Brigadier to be nominated by the Central Government;
(l) the Director, Department of Animal Husbandry of the State;
(m) the Director, Department of Fisheries of the State;
(n) an officer to be nominated by the Director, Wild We Preservation;
(o) a representative of the Wild Life Institute of India, Dehradun;
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(p) a representative of the Botanical Survey of India;
(q) a representative of the Zoological Survey of India;
(r) the Chief Wild Life Warden, who shall be the Member-Secretary.
(2) The term of office of the members other than those who are members ex officio and the manner of filling vacancies
referred to in clauses (d) and (e) of sub section (1) and procedure to be followed shall be such, as may be prescribed.
(3) The member (except members ex officio shall be entitled to receive such allowances in respect of expenses incurred in
the performance of their duties as may be prescribed.".

(i) for the words 'qhe Wild Life Advisory Board", the words "State Board for Wild Life" shall be substituted;
(ii) for clause (a), the following clause shall be substituted, namely:
"(a) in the selection and management of areas to be declared as protected areas;".
9. In section 11 of the principal Act, in sub-section (1),

(i) in clause (a), the following provisos and Explanation thereunder shall be inserted, namely:
"Provided that no wild animal shall be ordered to be killed unless the Chief Wild Life Warden is satisfied that such animal
cannot be captured, tranquilised or translocated:
Provided further that no such captured animal shall be kept in captivity unless the Chief Wild Life Warden is satisfied that
such animal cannot be rehabilitated in the wild and the reasons for the same are recorded in writing.
Explanation For the purposes of clause (a), the process or capture or translocation, as the case may be, of such animal shall
be made in such manner as to cause minimum trauma to the said animal.";
(ii) in clause (b), for the words "such animal or cause such animal to be hunted", the words "such animal or group of
animals in a specified area or cause such animal or group of animals in that specified area to be hunted" shall be substituted.
Substitution of Heading of Chapter IV
10. In Chapter IV of the principal Act, for the heading "SANCTUARIES, NATIONAL PARK AND CLOSED AREAS", the following heading
shall be substituted, namely:-
"PROTECTED AREAS"
Insertion of new sections 18A and 18B
11. After section 18 of the principal Act, the following sections shall be inserted, namely:
Protection to Sanctuaries
"18A. (1) When the State Government declares its intention under sub-section of section 18 to constitute any area, not comprised
within any reserve forest or territorial waters under that sub-section, as a sanctuary, the-provisions of sections 27 to 33A (both
inclusive) shall come into effect forthwith.
(2) Till such time as the rights of affected persons are finally settled under sections 19 to 24 (both inclusive), the State
Government shall make alternative arrangements required for making available fuel, fodder and other forest produce to the persons
affected in terms of their rights as per the Government records.
Appointment of Collector
18B. The State Government shall appoint, an officer to act as Collector under the Act, within ninety days of coming into force of the
Wild Life (Protection) Amendment Act, 2002, or within thirty days of the issue of notification under section 18, to inquire into and
determine the existence, nature and extent of rights of any person in or over the land comprised within the limits of the sanctuary
which may be notified under sub section (1) of section 18.".
12. In section 21 of the principal Act, after the words "the Collector shall", the words "within a period of sixty days," shall be inserted.
Insertion of New Section 25A

13. After section 25 of the principal Act, the following section shall be inserted, namely:-
Time-limit for Completion Acquisition Proceedings
25A. (1)The Collector shall, as far as possible, complete the proceedings under sections 19 to 25 (both inclusive), within a period of
two years from the date of notification of declaration of sanctuary under section 18.
(2) The notification shall not lapse if, for any reasons, the proceedings are- not completed within a period of two years.".
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14. In section26A of the principal Act for sub-section (3), the following sub-section shall be substituted, namely:-
"(3) No alteration of the boundaries of a sanctuary shall be made by the State Government except on a recommendation of
the National Board.".
Substitution of New Section for Section 29

15. For section 29 of the principal Act, the following section shall be substituted, namely:
Destruction etc., in a Sanctuary Prohibited without a Permit

"29. No person shall destroy, exploit or remove any wild life including forest produce from a sanctuary or destroy or damage
or divert the habitat of any wild animal by any act whatsoever or divert, stop or enhance the flow of water into or outside the
sanctuary, except under and in accordance with a permit granted by the Chief Wild Life Warden, and no such permit shall be granted
unless the State Government being satisfied in consultation with the Board that such removal of wild life from the sanctuary or the
change in the flow of water into or outside the sanctuary is necessary for the improvement and better management of wild life
therein, authorises the issue of such permit:
Provided that where the forest produce is removed from a sanctuary the same may be used for meeting the personal
bonafide needs of the people living in and around the sanctuary and shall not be used for any commercial purpose.
Explanation- For the purposes of this section, grazing or movement of livestock permitted under clause (d) of section 33
shall not be deemed to be an act prohibited under this section.".
16. In section 33 of the principal Act after clause (a), the following proviso shall be inserted, namely:
"Provided that no construction of commercial tourist lodges, hotels, zoos and safari parks shall be undertaken inside a
sanctuary except with the prior approval of the National Board;".
Insertion of New Section 33B

17. After section 33A of the principal Act, the following section shall be inserted, namely:
"33B. (1) The State Government shall constitute an Advisory Committee consisting of the Chief Wild Life Warden or his
nominee not below the rank of Conservator of Forests as its head and shall include a member of the State Legislature within whose
constituency the sanctuary is situated, three representatives of Panchayati Raj Institutions, two representatives of non-governmental
organisations and three individuals active in the field of wild life conservation, one representative each from departments dealing with
Home and Veterinary matters. Honorary Wild Life Warden, if any, and the officer-in-charge of the sanctuary as Member-Secretary.
(2) The Committee shall render advice on measures to be taken for better conservation and management of the sanctuary
including participation of the people living within and around the sanctuary.
(3) The Committee shall regulate its own procedure including quorum.".

17. After section 34 of the principal Act, the following section shall be inserted,
Power to remove Encroachment

"34A., (1) Notwithstanding anything contained in any other law for the time being in force, any officer not below the rank of an
Assistant Conservator of Forests may,
(a) evict any person from a sanctuary or National Park, who unauthorisedly occupies Government land in contravention of
the provisions of this Act;
(b) remove any unauthorised structures, buildings, or constructions erected on any Government land within any sanctuary
or National Park and all the things, tools and effects belonging to such person shall be confiscated, by an order of an officer not below
the rank of the Deputy Conservator of Forests:
Provided that no such order shall be passed unless the affected person is given an opportunity of being heard.
(2) The provisions of this section shall apply notwithstanding any other penalty which may be inflicted for violation of any
other provision of this Act.".
Amendment of section 35
(i) for sub-sections (5) and (6), the following sub-sections shall be substituted, namely:
"(5) No alteration of the boundaries of a National Park by the State Government -shall be made except on a recommendation
of the National Board.
(6) No person shall destroy, exploit or remove any Wild Life including forest produce from a National Park or destroy or
damage or divert the habitat of any wild animal by any act whatsoever or divert, stop or enhance the flow of water into or outside the
National Park, except under and in accordance with a permit granted by the Chief Wild Life Warden, and no such permit shall be
granted unless the State Government being satisfied in consultation with the National Board that such removal of wild life from the
National Park or the change in the flow of water into or outside the National Park is necessary for the improvement and better
management of wild life therein, authorises the issue of such permit:
Provided that where the forest produce is removed from a National Park, the same may be used for meeting the personal
bona fide needs of the people living in and around the National Park and shall not be used for any commercial purpose.";
(ii) after sub-section (8), the following Explanation shall be inserted, namely:
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"Explanation.-For the purposes of this section, in case of an area, whether within a sanctuary or not, where the rights have
been extinguished and the land has become vested in the State Government under any Act or otherwise, such area may be notified
by it, by a notification, as a National Park and the proceedings under sections 19 to 26 (both inclusive) and the provisions of
sub-sections (3) and (4) of this section shall not apply.".
Insertion of New Sections 36A to 36D

20. After section 36 of the principal Act, the following sections shall be inserted, namely:
Declaration and Management of a Conservation Reserve

"36A. (1) The State Government may, after having consultations with the local communities, declare any area owned by the
Government, particularly the areas adjacent to National Parks and sanctuaries and those areas which link one protected area with
another, as a conservation reserve for protecting landscapes, seascapes, flora and fauna and their habitat:
Provided that where the conservation reserve includes any land owned by the Central Government, its prior concurrence
shall be obtained before making such declaration.
(2) The provisions of sub-section (2) of section 18, sub-sections (2), (3) and (4) of section 27, sections 30, 32 and clauses
(b) and (c) of section 33 shall, as far as may be, apply in relation to a conservation reserve as they apply in relation to a sanctuary
Conservation Reserve Management Committee

36B. (1) The State Government shall constitute a conservation reserve management committee to advise the Chief Wild Life
Warden to conserve, manage and maintain the conservation reserve.
(2) The committee shall consist of a representative of the forest or Wild Life Department, who shall be the
Member-Secretary of the Committee, one representative of each Village Panchayat in whose jurisdiction the reserve is located, three
representatives of non-governmental organisations working in the field of wild life conservation and one representative each from the
Department of Agriculture and Animal Husbandry.
(3) The Committee shall regulate its own procedure including the quorum.
Declaration and Management of Community Reserve

36C. (1) The State Government may, where the community or an individual has volunteered to conserve wild life and its
habitat, declare any private or community land not comprised within a National Park, sanctuary or a conservation reserve, as a
community reserve, for protecting fauna, flora and traditional or cultural conservation values and practices.
(2) The provisions of sub-section (2) of section 18, sub-sections (2), (3) and (4) of section 27, sections 30, 32 and clauses
(b) and (c) of section 33 shall, as far as may be, apply in relation to a community reserve as they apply in relation to a sanctuary.
(3) After the issue of notification under sub-section (1), no change in the land use pattern shall be made within the
community reserve, except in accordance with a resolution passed by the management, committee and approval of the same by the
State Government.
Community Reserve Management Committee

36D. (1) The State Government shall constitute a Community Reserve management committee, which shall be the authority
responsible for conserving, maintaining and managing the community reserve.
(2) The committee shall consist of five representatives nominated by the Village Panchayat or where such Panchayat does not exist by
the members of the Gram Sabha and one representative of the State Forests or Wild Life Department under whose jurisdiction the
community reserve is located.
(3) The committee shall be the competent authority to prepare and implement the management plan for the community reserve and
to take steps to ensure the protection of wild life and its habitat in the reserve.
(4) The committee shall elect a Chairman who shall also be the Honorary Wild Life Warden on the community reserve,
(5) The committee shall regulate its own procedure including the quorum.".
Omission of Section 37
21. Section 37 of the principal Act shall be omitted.
Amendment of Section 38B

22. In section 38B of the principal Act, In sub-section (l) after the words "every
member", the words "other than the Member-Secretary" shall be inserted.
Amendment of Section 38H.

23. In section 38H of the principal Act, after sub-section (1), the following sub-section shall be inserted, namely:
"(1A) On and after the commencement of the Wild Life (Protection) Amendment Act, 2002 a zoo shall not be established
without obtaining the prior approval of the Authority.".
Substitution of New Section for Section 38-1.

24. For section 38-1 of the principal Act, the following section shall be substituted namely:
Acquisition of Animals by a Zoo

"38-1. (1) Subject to the other provisions of this Act, no zoo shall acquire, sell or transfer any wild animal or captive animal
specified in Schedules I and 11 except with the previous permission of the Authority.
(2) No zoo shall acquire, sell or transfer any wild or captive animal except from or to a recognised zoo.".
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25. In section 40 of principal Act,
(i) in sub-section (1), for the words "or any uncured trophy", the words "or animal article, trophy or uncured trophy" shall be
substituted;
(ii) after sub-section (2), the following sub-sections shall be inserted, namely:
"(2A) No person other than a person having a' certificate of ownership, shall, after the commencement of the Wild Life
(Protection) Amendment Act, 2002 acquire, receive, keep in his control, custody or possession any captive animal, animal article,
trophy or uncured trophy specified in Schedule I or Part II of Schedule II, except by way of inheritance.
(2B) Every person inheriting any captive animal, animal article, trophy or uncured trophy under sub -section (2A) shall,
within ninety days of such inheritance make a declaration to the Chief Wild Life Warden or the authorised officer and the provisions of
sections 41 and 42 shall apply as if the declaration had been made under sub-section (1) of section 40:
Provided that nothing in sub-sections (2A) and (2B) shall apply to the live elephant.".
(iii) in sub-section (4), for the words "any animal article", the words "any animal or animal article" shall be substituted.

26. After section 40 of the principal Act, the following section shall be inserted, namely:
Immunity in Certain Cases

"40A. (1) Notwithstanding anything contained in sub-sections (2) and (4) of section 40 of this Act, the Central Government may, by
notification, require any person to declare to the Chief Wild Life Warden or the authorised officer, any captive animal, animal article,
trophy or uncured trophy derived from animal, specified in Schedule I or Part 11 of Schedule 11 in his control, custody or possession,
in respect of which no declaration had been made under sub-section (1) or sub-section (4) of section 40, in such form, in such
manner and within such time as may be prescribed.
(2) Any action taken or purported to be taken for violation of section 40 of this Act at any time before the commencement of
the Wild Life (Protection) Amendment Act, 2002 shall not be proceeded with and all pending proceedings shall stand abated.
(3) Any captive animal, animal article, trophy or uncured trophy declared under sub -section (1), shall be dealt with in such manner
and subject to such conditions as may be prescribed.".
27. In section 42 of the principal Act, the following proviso shall be added, namely:-
"Provided that before issuing the certificate of ownership in respect of any captive animal, the Chief Wild Life Warden shall ensure that
the applicant has adequate facilities for housing, maintenance and upkeep of the animal.".

28. For section 43 of the principal Act, the following section shall be substituted, namely-.-
.Regulation of Transfer of Animal, etc
"43. (1) No person having in his possession captive animal, animal article, trophy or uncured trophy in respect of which he has a
certificate of ownership shall transfer by way of sale or offer for sale or by any other mode of consideration of commercial nature,
such animal or article or trophy or uncured trophy.
(2) Where a person transfers or transports from the State in which he resides to another State or acquires by transfer from outside
the State, any such animal, animal article, trophy or uncured trophy in respect of which he has a certificate of ownership, he shall,
within thirty days of the transfer or transport, report the transfer or transport to the Chief Wild Life Warden or the authorised officer
within whose jurisdiction the transfer or transport is effected.
(3) Nothing in this section shall apply
(a) to tail feather of peacock and the animal article or trophies made therefrom;
(b) to transfer of captive animals between recognised zoos subject to the provisions of section 38-1, and transfer amongst
zoos and public museums.".
29. In section 50 of the principal Act.
(i) in sub-section (3A), for the words "Wild Life Warden," the words "an of section 50. Assistant Conservator of Forests" shall
be substituted;
(ii) in sub-section (4) the words "under intimation to the Chief Wild Life Warden or the-officer authorised by him in this
regard" shall be inserted at the end;
(iii) for sub-section (6), the following sub-section shall be substituted, namely:
"(6) Where any meat, uncured trophy, specified plant or part or derivative thereof is seized under the provisions of this
section, the Assistant Director of Wild Life Preservation or any other officer of a gazetted rank authorised by him in this behalf or the
Chief Wild Life Warden or the authorised officer may arrange for the disposal of the same in such manner as may be prescribed.";
(iv) in sub-section (8), for the words "Wild Life Warden", the words "an officer not below the rank of Assistant Conservator
of Forests authorised by the State Government in this behalf- shall be substituted.
(i) in sub-section (1), for the first and second provisos, the following provisos shall be substituted, namely:
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"Provided that where the offence committed is in relation to any animal specified in Schedule I or Part II of Schedule II or
meat of any such animal or animal article, trophy or uncured trophy diri4ed from such animal or where the offence relates to hunting
in a sanctuary or a National Park or altering the boundaries of a sanctuary or a National Park, such offence shall be punishable with
imprisonment for a term which shall not be less than three years but may extend to seven years and also with fine which shall not be
less than ten thousand rupees:
Provided further that in the case of a second or subsequent offence of the nature mentioned in this sub-section, the term of
the imprisonment shall not be less than three years but may extend to seven years and also with fine which shall not be less than
twenty-five thousand rupees.";
(ii) in sub-section (1A), for the words "one year ", the words "three years" and for the words "five thousand rupees", the
words "ten thousand rupees" shall be substituted.

31. After section 51 of the principal Act, the following section shall be inserted, new section namely:
Certain Condition to Apply while Granting Bail
2 of 1974
"51A. When any person accused of, the commission of any offence relating to Schedule I or Part II of Schedule If or offences relating
to hunting inside the boundaries of National Park or wild life sanctuary or altering the boundaries of such parks and sanctuaries, is
arrested under the provisions of the Act, then notwithstanding anything contained in the Code of Criminal Procedure, 1973 no such
person who had been previously convicted of an offence under this Act shall, be released on bail unless
(a) the Public Prosecutor has been given an opportunity of opposing the release on bail, and
(b) where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for
believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.".
32. For section 54 of the principal Act, the following section shall be substituted, namely:
Power of Compound Offences

"54, (1) The Central Government may, by notification, empower the Director of Wild Life Preservation or any other officer not below
the rank of Assistant Director of Wild Life Preservation and in the case of a State Government in the similar manner, empower the
Chief Wild Life Warden or any officer of a rank not below the rank of a Deputy Conservator of Forests, to accept from any person
against whom a reasonable suspicion exists that he has committed an offence against this Act, payment of a sum of money by way of
composition of the offence which such person is suspected to have committed.
(2) On payment of such sum of money to such officer, the suspected person, if in custody, shall be discharged and no
further proceedings in respect of the offence shall be taken against such person.
(3) The officer compounding any offence may order the cancellation of any licence or permit granted under this Act to the
offender, or if not empowered to do so, may approach an officer so empowered, for the cancellation of such licence or permit.
(4) The sum of money accepted or agreed to be accepted as composition under sub-section (1) shall, in no case, exceed the
sum of twenty-five thousand rupees:
Provided that no offence, for which a minimum period of imprisonment has been prescribed in section 51, shall be
compounded." .
(i) after clause (a), the following clause shall be inserted, namely:
"(aa) the Member-Secretary, Central Zoo Authority in matters relating to violation of the provisions of Chapter IVA; or";
(ii) in clause (b), after the words "State Government", the words "subject to such conditions as may be specified by that
Government" shall be inserted;
(iii) after clause (b), the following clause shall be inserted, namely:-
"(bb) the officer- in-charge of the zoo in respect of violation of provisions of section 38J; or".
Insertion of New Chapter VI A

34. After Chapter VI of the principal Act, the following Chapter shall be inserted, namely:
CHAPTER VI A
FORFEITURE OF PROPERTY DERIVED FROM ILLEGAL HUNTING AND TRADE
Application
58A. The provisions of this Chapter shall apply only to the following persons, namely:
(a) every person who has been convicted of an offence punishable under this Act with imprisonment for a term of three
years or more;
(b) every associate of a person referred to in clause (a);
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(c) any holder (hereafter in this clause referred to as the present holder) of any property which was at any time previously
held by a person referred to in clause (a) or clause (b) unless the present holder or, as the case may be, any one who held such
property after such person and before the present holder, is or was a transferee in good faith for adequate consideration.
Definition
58B. In this Chapter, unless the context otherwise requires,
(a) "Appellate Tribunal" means the Appellate Tribunal for Forfeited Property constituted under section 58N;
(b) "associate" in relation to a person whose property is liable to be forfeited under this Chapter, includes
(i) any individual who had been or is managing the affairs or keeping the accounts of such person;
1 of 1956
(ii) any association of persons, body of individuals, partnership firm or private company within the meaning of the Companies Act
1956 of which such person had been or is a member, partner or director;
(iii) any individual who had been or is a member, partner or director of an association of persons, body of individuals,
partnership firm or private company referred to in sub-clause (ii) at any time when such person had been or is a member, partner or
director of such association, body, partnership firm or private company;
(iv) any person, who had been or is managing the affairs, or keeping the accounts of any association of persons, body of
individuals, partnership firm or private company referred to in sub-clause (iii);
(v) the trustee of any trust, where
(1) the trust has been created by such person; or

(2) the value of the assets contributed by such person (including the value of the assets, if any, contributed by him earlier) to the
trust amounts on the date on which contribution is made, to not less than twenty per cent of the value of the assets of the trust on
that date;
(vi) where the competent authority, for reasons to be recorded in writing, considers that any properties of such person are
held on his behalf by any other person, such other person;
(c) "competent authority" means an officer authorised under section 58D;
(d) "concealment" means the concealment or disguise of the nature, source disposition, movement or ownership of property
and includes the movement or conversion of such property by electronic transmission or by any other means;
(e) "freezing" means temporarily prohibiting the transfer, conversion, disposition or movement of property by an, order
issued under section 58F;
(f) "identifying' includes establishment of proof that the property was derived from, or used in, the illegal hunting and trade
of wild life and its products;
(g) "illegally acquired property" in relation to any person to whom this Chapter applies, means
(i) any property acquired by such person, wholly or partly out of or by means of any income earnings or assets derived or
obtained from or attributable to illegal hunting and trade of wild life and its products and derivatives;
(ii) any property acquired by such person, for a consideration or by any means, wholly or partly traceable to any property
referred to in sub-clause (i) or the income or earning from such property,
and includes
(A) any property held by such person which would have been, in relation to any previous holder thereof, illegally acquired
property under this clause if such previous holder had not ceased to hold it, unless such person or any other person who held the
property at any time after such previous holder or, where there are two or more such previous holders, the last of such previous
holders is or was a transferee in good faith for adequate consideration;
(B) any property acquired by such person, for a consideration, or by any means, wholly or partly traceable to any property
failing under item (A), or the income or earnings therefrom;
(h) "property' means property and assets of every description, whether corporeal or incorporeal, movable or immovable,
tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assets, derived from the illegal
hunting and trade of wild life and its products;
(i) "relative" means
(1) spouse of the person;
(2) brother or sister of the person;
(3) brother or sister of the spouse of the person;
(4) any lineal ascendant or descendant of the person,
(5) any lineal ascendant or descendant of the spouse of the person;
(6) spouse of a person referred to in subclause (2), sub-clause (3), sub-clause (4) or sub-clause (5);
(7) any lineal descendant of a person referred to in sub-clause (2) or sub-clause (3);
(j) "tracing" means determining the nature, source, disposition, movement, title or ownership of property;
(k) "trust" includes any other legal obligation.
Prohibition of Holding Illegally Acquired Property

58C. (1) From the date of commencement of this Chapter, it shall not be lawful for any person to whom this Chapter applies to hold
any illegally acquired property either by himself or through any other person on his behalf.
(2) Where any person holds such property in contravention of the provisions of sub-section (1), such property shall be liable to be
forfeited to the State Government concerned in accordance with the provisions of this Chapter:
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Provided that no property shall be forfeited under this Chapter if such property was acquired by a person to whom this Act applies
before a period of six years from the date on which he was charged for -an offence relating to illegal hunting and trade of wild life and
its products.
Competent Authority
58D. The State Government may, by order published in the Official Gazette, authorise any officer not below the rank of Chief
Conservator of Forests to perform the functions of the competent authority under this Chapter in respect of such persons or classes of
persons as the State Government may, direct.
Identifying Illegally Acquired Property

58E. (1) An officer not below the rank of Deputy Inspector General of Police duly authorised by the Central Government or as the case
may be, the State Government, shall, on receipt of a complaint from the competent authority about any person having illegally
acquired property, proceed to take all steps necessary for tracing and identifying any property illegally acquired by such person.
(2) The steps referred to in sub-section (1) may include any inquiry, investigation or survey in respect of any person, place,
property, assets, documents, books of account in any bank or financial institution or any other relevant step as may be necessary.
(3) Any inquiry, investigation or survey referred to in sub-section (2) shall be carried out by an officer mentioned in
sub-section (1) in accordance with which directions or guidelines as the competent authority may make or issue in this behalf.
Seizure or Freezing of Illegally Acquired Property

58F. (1) Where any officer conducting an inquiry or investigation under section 58E has mason to believe that any property in relation
to which such inquiry or investigation is being conducted is an illegally acquired property and such property is likely to be concealed,
transferred or dealt with in any manner which may result in frustrating any proceeding relating to forfeiture of such property under
this Chapter, he may make an order for seizing such property arid where it is not practicable to seize such property, he may make an
order that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such
order, or of the competent authority arid a copy of such order shall be served on the person concerned:
Provided that a copy of such an order shall be sent to the competent authority within forty-eight hours of its being made.
(2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the competent
authority within a period of thirty days of its being made.
Explanation.- For the purposes of this section, "transfer of property" means any disposition, conveyance, assignment, settlement,
delivery, payment or other alienation of property and, without limiting the generality of the foregoing, includes
(a) the creation of a trust in property;

(b) the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in property;
(c) the exercise of a power of appointment, of property vested in any person not the owner of the property, to determine its
disposition in favour of any person other than the donee of the power; and
(d) any transaction entered into by any person with intent thereby to diminish directly or indirectly the value of his own
property and to increase the value of the property of any other person.
Management of Properties Seized or Forfeited under this Chapter
58G. (1) The State Government may, by order published in the Official Gazette, appoint as many of its officers (not below the rank of
Conservator of Forests) as it thinks fit, to perform the functions of an Administrator.
(2) The Administrator appointed under sub-section (1) shall receive and manage the property in relation to which an order has been
made under sub-section (1) of section 58F or under section 58-1 in such manner and subject to such conditions as may be prescribed.
(3) The Administrator shall also take such measures as the State Government may direct, to dispose of the property which is forfeited
to the State Government.
Notice of Forfeiture of Property

58H. (1) If having regard to the value of the properties held by any person to whom this Chapter applies, either by himself or through
any, other person on his behalf, his known sources of income, earnings or assets, and any other information or material available to it
as a result of a report from any officer making an investigation under section 58E or otherwise, the competent authority for reasons to
be recorded in writing believes that all or any of such properties are illegally acquired properties, it may serve a notice upon such
person (hereinafter referred to as the person affected) calling upon him within a period of thirty days specified in the notice to show
cause why all or any of such properties, as the case may be, should not be declared to be illegally acquired properties and forfeited to
the State Government under this, Chapter and in support of his case indicate the sources of his income, earnings or assets, out of
which or by means of which he has acquired such property, the evidence on which he relies and other relevant information and
particulars.
(2) Where a notice under sub-section (1) to any person specifies any property as being held on behalf of such person by any other
person, a copy of the notice shall also be served upon such other person.
Forfeiture of Property in Certain Cases

58-I (1) The competent authority may, after considering the explanation, if any, to the show cause notice Issued under section 58H,
and the materials available before it and after giving to the person affected and in a case where the person affected holds any
property specified in the notice through any other person, to such other person, also a reasonable opportunity of being heard, by
order, record a finding whether al I or any of the properties in question are illegally acquired properties:
Provided that if the person affected (and in a case where the person affected holds any property specified in the notice through any
other person, such other person also), does not appear before the competent authority or represent his case before it within a period
of thirty days specified in the show cause notice, the competent authority may proceed to record a finding under this sub -section ex
parte on the basis of evidence available before it.
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(2) Where the competent authority is satisfied that some of the properties referred to in the show cause notice are illegally acquired
properties but is not able to identify specifically such properties, then, it shall be lawful for the competent authority to specify the
properties which, to the best of its judgment, are illegally acquired properties and record a finding accordingly under sub-section (1)
within a period of ninety days.
(3) Where the competent authority records a finding under this section to the effect that any property is illegally acquired property, it
shall declare that such property shall, subject to the provisions of this Chapter stand forfeited to the State Government free from all
encumbrances.
(4) In case the person affected establishes that the property specified in the notice issued under section 58H is not an illegally
acquired property and therefore not liable to be forfeited under the Act, the said notice shall be withdrawn and the property shall be
released forthwith.
(5) Where any shares in a company stand forfeited to the State Government under this, Chapter, the company shall, notwithstanding
anything contained in the Companies Act, 1956 or the article of association of the company, forthwith register the State Government
as the transferee of such shares.
Burden of Proof
58J. In any proceedings under this Chapter, the burden of proving that any property specified in the notice served under section 59H
is not illegally acquired property shall be on the person affected.
File in Lieu of Forfeiture

58K. (1) Where the competent authority makes, a declaration that any property stands forfeited to the State Government under
section 58-1 and it is a case where the source of only a part of the illegally acquired property has not been proved to the satisfaction
of the competent authority, it shall make an order giving option to the person affected to pay, in lieu of forfeiture, a fine equal to the
market value of such part.
(2) Before making an order imposing a fine under sub-section (1), the person affected shall be given a reasonable opportunity of
being heard.
(3) Where the person affected pays the fine due under sub-section (1), within such time as may be allowed in that behalf, the
competent authority may, by order revoke the declaration of forfeiture under section 58-1 and thereupon such property shall stand
released.
Procedure in relation to certain Trust Properties

58L. In the case of any person referred to in sub-clause (vi) of clause (b) of section 58B, if the competent authority, on the basis of
the information and materials available to it, for reasons to be recorded in writing believes that any property held in trust is illegally
acquired property, it may serve a notice upon the author of the trust, or as the case may be, the contributor of the assets out of or by
means of which such property was acquired by the trust and the trustees, calling upon them within a period of thirty days specified in
the notice, to explain the source of money or other asset out of or by means of which such property was acquired or, as the case may
be, the source of money or other assets which were contributed to the trust for acquiring such property and thereupon such notice
shall be deemed to be a notice served under section 58H and all the other provisions of this Chapter shall apply accordingly.
Explanation. For the purposes of this section "illegally acquired property" in relation to any property held in trust, includes
(i) any property which if it had continued to be held by the author of the trust or the contributor of such property to the trust
would have been illegally acquired property in relation to such author or contributor;
(ii) any property acquired by the trust out of any contributions made by any person which would have been illegally acquired
property in relation to such person had such person acquired-such property out of su6 contributions.
Certain Transfers to be Null and Void

58M. Where after the making of an order under sub-section (1) of section 58F or the issue of a notice under section 58k or under
section 58L, any property referred to in the said order or notice is transferred by any mode whatsoever, such transfer shall, for the
purposes of the proceedings under this Chapter, be ignored and if such property is subsequently forfeited to the State Government
under section 584, then, the transfer of such property shall be deemed to be null and void.
Constitution of Appellate Tribunal

58N. (1) The State Government may, by notification in the Official Gazette, constitute an Appellate Tribunal to be called the Appellate
Tribunal for Forfeited Property consisting of a Chairman, and such number of other members (being officers of the State Government
not below the rank of a Principal Secretary to the Government), as the State Government thinks fit, to be appointed by that
Government for hearing appeals against the orders made under section 58F, section 58 -I, sub-section (i) of section 58K or section
58L.
(2) The Chairman of the Appellate Tribunal shall be a person who is or has been or is qualified to be a Judge of a High Court.
(3) The terms and conditions of service of the Chairman and other members shall be such as may be prescribed.
Appeals
58-O. (1) Any person aggrieved by an order of the competent authority made under section 58F, section 58-1, sub-section (1) of
section 58K or section 58L may, within forty-five days from the date on which the order is served on him prefer an appeal to the
Appellate Tribunal:
Provided that the Appellate Tribunal may entertain an appeal after the said period of forty -five days, but not after sixty days, from the
date aforesaid if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) On receipt of an appeal under sub-section (1), the Appellate Tribunal may, after giving an opportunity of being heard to
the appellant, if he so desires, and after making such further inquiry as it deems fit, confirm, modify or set aside the order appealed
against.
(3) The Appellate Tribunal may regulate its own procedure.
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(4) On application to the Appellate Tribunal and on payment of the prescribed fee, the Appellate Tribunal may allow a party
to any appeal or any person authorised in this behalf by such party to inspect at any time during office hours, any relevant records
and registers of the Appellate Tribunal and obtain a certified copy or any part thereof.
Notice or Order not to be invalid for Error in Description

58P. No notice issued or served, no declaration made, and no order passed under this Chapter shall be deemed to be invalid by
reason of any error in the description of the property or person mentioned therein if such property or person is identifiable from the
description so mentioned.
Bar of Jurisdiction
58Q. No order passed or declaration made under this Chapter shall be appealable except as provided therein and no civil court shall
have jurisdiction in respect of any matter which the Appellate Tribunal or any competent authority is empowered by or under this
Chapter to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken
in pursuance of any power conferred by or under this Chapter.
Competent Authority and Appellate Tribunal to have Powers of Civil Court

58R. The competent authority and the Appellate Tribunal shall have all the powers of a civil court while trying a suit under the Code of
Civil Procedure, 1908 in respect of the following matters, namely:
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for examination of witnesses or documents;
(f) any other matter which may be prescribed
Information to Competent Authority

58S. (1) Notwithstanding anything contained in any other law for the time being in force, the competent authority shall have power to
require any officer or authority of the Central Government or a State Government or a local authority to furnish information in relation
to such persons, on points or matters as in the opinion of the competent authority will be useful for, or relevant to, the purposes of
this Chapter.
(2) Every officer referred to in section 58T may furnish suo motu any information available with him to the competent authority if in
the opinion of the officer such information will be useful to the competent authority for the purposes of this Chapter.
Certain Officers to Assist Administrator, Competent Authority and Appellate Tribunal

58T. For the purposes of any proceedings under this Chapter, the following officers shall render such assistance as may be necessary
to the Administrator appointed under section 58G, competent authority and the Appellate Tribunal, namely:
(a) officers of Police;
(b) officers of the State Forest Departments;
(c) officers of the Central Economic Intelligence Bureau;
(d) officers of the Directorate of Revenue Intelligence;
(e) such other officers as specified by the State Government in this behalf by notification in the Official Gazette.
Power to Take Possession

58U. (1) Where any property has been declared to be forfeited to the State Power to take Government under this Chapter, or where
the person affected has failed to pay the fine due under sub-section (1) of section 58K within the time allowed therefor under
subsection (3) of that section, the competent authority may order the person affected as well as any other person who may be in
possession of the property to surrender or deliver possession thereof to the Administrator appointed under section 58G or to any
person duly authorised by him in this behalf within thirty days of the service of the order.
(2) If any person refuses or fails to comply with an order made under sub-section (1), the Administrator may take possession of the
property and may for that purpose use such force as may be necessary.
(3) Notwithstanding anything contained in sub-section (2), the Administrator may, for the purpose of taking possession of any
property referred to in sub-section (1) requisition the services of any police officer to assist him and it shall be the duty of such officer
to comply with such requisition.
Rectification of Mistakes
58V. With a view to rectifying any mistake apparent from record, the competent authority or the Appellate Tribunal, as the case
maybe, may amend any order made by it within a period of one year from the date of the order:
Provided that if any such amendment is likely to affect any person prejudicially and the mistake is not of a clerical nature, it shall not
be made without giving to such person a reasonable opportunity of being heard.
Findings under other Laws not Conclusive for Proceedings under this Chapter
58W. No finding of any officer or, authority under any other law shall be conclusive for the purposes of any proceedings under this
Chapter.
Service of Notices and Orders

58X. Any notice or order issued or made under this Chapter shall be served,
(a) by tendering the notice or order or sending it by registered post to the person for whom it is intended or to his agent;
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(b) if the notice or order cannot be served in the manner provided in clause (a), then, by affixing it on a conspicuous place
in the property in relation to which the notice or order is issued or made or on some conspicuous part of the premises in which the
person for whom it is intended is known to have last resided or carried on business or personally worked for gain.
Punishment for Acquiring Property in relation to which Proceedings have been taken under this Chapter
58Y. Any person who knowingly acquires, by any mode whatsoever, any property in relation to which proceedings are pending under
this Chapter shall be punishable with imprisonment for a term Which may extend to five years and with fine which may extend to fifty
thousand rupees.'.
Amendment of Section 60A

35. In section 60A of the principal Act,
(i) in sub-section (1), for the words "twenty per cent of such fine", the words "fifty per cent. of such fine" shall be
substituted;
(ii) in sub-section (2), for the words "twenty per cent of such money", the words "fifty per cent of such money" shall be
substituted.
Insertion of New Section 60B

36. After section 60A of the principal Act, the following section shall be inserted, namely
Reward by State Government

"60B.The State Government may empower the Chief Wild Life Warden to order payment of reward not exceeding ten
thousand rupees to be paid to a person who renders assistance in the detection of the offence or the apprehension of the offender,
from such fund and in such manner as may, be prescribed.".
37. In section 63 of the principal Act, in sub-section (1), the following clause shall be inserted, namely:�
"(ai) the term of office of members other than those who are members ex officio; the manner of filling vacancies, the
procedure to be followed by the National Board under sub-section (2) and allowances of those members under sub-section, (3) of
section 5A;".
38. In section 64 of the principal Act, in sub-section (2),

(i) for clauses (a) and (b), the following clauses shall be substituted, namely:
"(a) the term of office of members other than those who are members, ex officio, the manner of filling vacancies and the
procedure to be followed by the Board under sub-section (2) of section 6;
(b) allowances referred to in sub-section (3) of section 6;";
(ii) after clause (d), the following clause shall be inserted, namely:
"(dd) the conditions subject to which the officers will be authorised to file cases in the court;";
"(iii) after clause (g), the following clauses shall be inserted, namely:
"(ga) the manner and conditions subject to which the Administrator shall receive and manage the property under
sub-section (2) of section 58G;
(gb) the terms and conditions of service of the Chairman and other members under sub-section (3) of section 58N;
(gc) the fund from which and the manner in which payment of reward under section 60B shall be made;".
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THE WILD LIFE (PROTECTION) ACT, 1972

NOTIFICATION
New Delhi, the 22nd September, 2003
S.O.1092 (E) In exercise of the powers conferred by sub-section (2) and (3) of section 5A read with section 63 of the Wild Life
(Protection) Act, 1972 (53 of 1972), the Central Government hereby makes the following rules, namely:-

(1) These rules may be called the National Board for Wild Life Rules, 2003
2. Definitions
(a) Act means the Wild Life (Protection) Act, 1972 (53 of 1972);
(b) National Board means the National Board for Wild Life constituted under section 5A of the Act;
(c) Chairperson means the Chairperson of the National Board;
(d) All other words and expressions used in these rules shall have the meanings respectively assigned
to them in the Act.
3. National Board for Wild Life -
(1) The National Board shall be constituted in accordance with the provisions contained in sub-section (1) of
section 5A of the Act.
(2) The term of office of the members other than those who are members ex-officio shall be for a period of
three years.
(3) The Member of Parliament nominated to the National Board shall cease to be the Member of the National
Board on his having ceased to the Member of the Parliament.
(4) The vacancies referred to in clauses (e), (f) and (v) of sub-section (1) of section 5A of the Act shall be
filled by nomination by the Central Government with the approval of chairperson.
4. Meetings -
(1) The National Board shall ordinarily meet once in a year at a place to be decided with the approval of the
Chairperson.
(2) The Member-Secretary shall prepare agenda items for the meetings, obtain approval of the Chairperson
and circulate it to all members at least fifteen days prior to the date of such meeting.
(3) The Member-Secretary shall prepare the minutes of the meeting and circulate it to all members within
thirty days of the meeting after obtaining approval of the Chairperson.
(4) The Member-Secretary shall also initiate follow up action on the decisions of the National Board.
5. Removal from the National Board -

The Central Government may, with the prior approval of the chairperson, remove any member of the National Board
appointed under clause (e), (f) and (v) of sub-section (1) of section 5A of the Act, if-
(a) he is of unsound mind and stands to declared by a competent court; or
(b) he is an undischarged insolvent, or
(c) he is convicted of any offence including moral turpitude; or
(d) his conduct is found to be unbecoming of a member.
6. Disclosure of interest by members -

If any member of the National Board or his family member has any interest in a proposal submitted for consideration of the
National Board, the member shall disclose the extent of his interest in the proposal.
7. Presiding over the meetings of the National Board -

(1) The Chairperson or in his absence the Vice Chairperson shall preside at every meeting of the National Board.
(2) In the absence of both the Chairperson and the Vice-Chairperson, such other member present as is decided by the
National Board shall preside over the meeting.
8. Quorum
(1) The quorum necessary for the transaction of business at a meeting of the National Board shall be one-half of the
total number of members.
(2) If at any time there is no quorum, the Chairperson or the person presiding over a meeting shall adjourn the
meeting until there is a quorum.
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9. Invitees to the National Board meetings -

The chairperson of the National Board may invite any person or persons having experience in the wild life conservation to attend
any meeting of the National Board.
10. Record of Business -

(1) The record of business transaction at every meeting of the National Board shall be prepared by the Member-
Secretary for approval by the Chairperson or the Member presiding at such meeting.
(2) When any business is transacted by circulation of papers, the Member-Secretary shall prepare a record of the
business so transacted for approval by the Chairperson of the National Board permitting the circulation.
(3) The record of business transacted at every meeting of the National Board shall be approved and signed by the
Chairperson or the Vice-Chairperson or the member presiding at such meeting, and the approved record of business
shall be circulated to all the members.
(4) All records shall be maintained by the Member-Secretary of items of business transacted by the National Board or
the committees, sub-committees or sub-groups thereof.
11. Appointment of Committees -

(1) The National Board may, constitute a Standing Committee and such other committees or study groups, as may
be necessary, in accordance with the provisions contained in section 5B of the Act.
(2) The National Board shall determine the terms of reference, tenure, membership and other related aspects as
may be necessary in rspect of the committees constituted under sub-rule (1) of this rule.
12. Traveling and other allowances to members of the National Board and its committees -
(1) A member of the National Board or any committee other than member ex-officio, shall be entitled to receive, in
respect of any journey performed by him for the purpose of attending a meeting of the National Board or of a duly
constituted committee thereof or for the purpose of discharging any duty assigned to him by the National Board or
the committee concerned, traveling allowances and daily allowances at the rates as are admissible to the Group A
officers of the central Government for the time being in force.
(2) No traveling allowance or daily allowance shall be allowed to a member of the National Board or of any
committee unless he certifies that he has not drawn any traveling or daily allowance from any other source in
respect of the journey and halt for which the claim is made.
(3) The traveling allowance shall be payable from the usual place of residence of a member of the National Board
or any of the committee to the place of the meeting or the place where he has gone to attend to any business of
the National Board and back to his place of residence.
(4) In special circumstances, the chairperson may grant traveling allowance from the places other than usual place
of residence of a member.
13. Interpretation of rules

Where any doubt arises as to the interpretation of these rules, interpretation shall be referred to the Central
Government for its decision.
[F.No 1-1/2003 WL 1]
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THE NATIONAL BOARD FOR WILD LIFE RULES, 2003
NOTIFICATION
S.O.1092 (E) In exercise of the powers conferred by sub-section (2) and (3) of section 5A read with section 63 of the Wild Life

(1) These rules may be called the National Board for Wild Life Rules, 2003
2. Definitions
(a) Act means the Wild Life (Protection) Act, 1972 (53 of 1972);
(b) National Board means the National Board for Wild Life constituted under section 5A of the Act;
(c) Chairperson means the Chairperson of the National Board;
(d) All other words and expressions used in these rules shall have the meanings respectively assigned
to them in the Act.
3. National Board for Wild Life -

(1) The National Board shall be constituted in accordance with the provisions contained in sub-section (1) of
section 5A of the Act.
(2) The term of office of the members other than those who are members ex-officio shall be for a period of
three years.
(3) The Member of Parliament nominated to the National Board shall cease to be the Member of the National
Board on his having ceased to the Member of the Parliament.
(4) The vacancies referred to in clauses (e), (f) and (v) of sub-section (1) of section 5A of the Act shall be
filled by nomination by the Central Government with the approval of chairperson.
4. Meetings -
(1) The National Board shall ordinarily meet once in a year at a place to be decided with the approval of the
Chairperson.
(2) The Member-Secretary shall prepare agenda items for the meetings, obtain approval of the Chairperson
and circulate it to all members at least fifteen days prior to the date of such meeting.
(3) The Member-Secretary shall prepare the minutes of the meeting and circulate it to all members within
thirty days of the meeting after obtaining approval of the Chairperson.
(4) The Member-Secretary shall also initiate follow up action on the decisions of the National Board.
5. Removal from the National Board -

The Central Government may, with the prior approval of the chairperson, remove any member of the National Board
appointed under clause (e), (f) and (v) of sub-section (1) of section 5A of the Act, if-
(a) he is of unsound mind and stands to declared by a competent court; or
(b) he is an undischarged insolvent, or
(c) he is convicted of any offence including moral turpitude; or
(d) his conduct is found to be unbecoming of a member.
6. Disclosure of interest by members -


(1) The Chairperson or in his absence the Vice Chairperson shall preside at every meeting of the National Board.
(2) In the absence of both the Chairperson and the Vice-Chairperson, such other member present as is decided by the
National Board shall preside over the meeting.
8. Quorum
(1) The quorum necessary for the transaction of business at a meeting of the National Board shall be one-half of the
total number of members.
HRR/MSU/ES/905/U1/201112 226 OF 290
(2) If at any time there is no quorum, the Chairperson or the person presiding over a meeting shall adjourn the
meeting until there is a quorum.

The chairperson of the National Board may invite any person or persons having experience in the wild life conservation to
attend any meeting of the National Board.

(1) The record of business transaction at every meeting of the National Board shall be prepared by the Member-
Secretary for approval by the Chairperson or the Member presiding at such meeting.
(2) When any business is transacted by circulation of papers, the Member-Secretary shall prepare a record of the
business so transacted for approval by the Chairperson of the National Board permitting the circulation.
(3) The record of business transacted at every meeting of the National Board shall be approved and signed by the
Chairperson or the Vice-Chairperson or the member presiding at such meeting, and the approved record of business
shall be circulated to all the members.
(4) All records shall be maintained by the Member-Secretary of items of business transacted by the National Board or
the committees, sub-committees or sub-groups thereof.
11. Appointment of Committees -

(1) The National Board may, constitute a Standing Committee and such other committees or study groups, as may
be necessary, in accordance with the provisions contained in section 5B of the Act.
(2) The National Board shall determine the terms of reference, tenure, membership and other related aspects as
may be necessary in rspect of the committees constituted under sub-rule (1) of this rule.
(1) A member of the National Board or any committee other than member ex-officio, shall be entitled to receive, in
respect of any journey performed by him for the purpose of attending a meeting of the National Board or of a duly
constituted committee thereof or for the purpose of discharging any duty assigned to him by the National Board or
the committee concerned, traveling allowances and daily allowances at the rates as are admissible to the Group A
officers of the central Government for the time being in force.
(2) No traveling allowance or daily allowance shall be allowed to a member of the National Board or of any
committee unless he certifies that he has not drawn any traveling or daily allowance from any other source in
respect of the journey and halt for which the claim is made.
(3) The traveling allowance shall be payable from the usual place of residence of a member of the National Board
or any of the committee to the place of the meeting or the place where he has gone to attend to any business of
the National Board and back to his place of residence.
(4) In special circumstances, the chairperson may grant traveling allowance from the places other than usual place
of residence of a member.
13. Interpretation of rules -

Where any doubt arises as to the interpretation of these rules, interpretation shall be referred to the Central
Government for its decision.
[F.No 1-1/2003 WL I]
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WILDLIFE (SPECIFIED PLANT STOCK DECLARATION) CENTRAL RULES, 1995

G.S.R. 350(E). - In exercise of the powers conferred by Clause (h) of Section 63 read with Section 17E of the Wild Life (Protection)
Act, 1972 (53 of 1972), the Central Government hereby makes the following rules, namely:
1. Short title and commencement.- (1) These rules may be called the Wildlife (Specified Plant Stock Declaration) Central Rules, 1995.
(2) These rules shall come into force from the date of commencement of provisions of Chapter IIIA of the Wild Life (Protection) Act,
1972.
2. Declaration, of stocks by a cultivator or dealer in specified plants, parts and derivatives thereof,
Every cultivator of specified plants and the dealer in specified plants and derivatives thereof shall, within 30 days from the
commencement of provisions of Chapter IIJA of Wild Life (Protection) Act, 1972, declare his stocks of specified plants, parts and
derivatives thereof, as the case may be, as on the date of such declaration to the Chief Wildlife Warden in the form given below:
Form of Declaration
(See Section 17E and Sub-section 2 of Section 44)
To
The Chief Wildlife Warden,
State of /Union Territory of ................................................
1 Full name and address of the cultivator or dealer in specified plants, parts and derivatives thereof making the declaration..
2. Actual stock held on the date of declaration:

Name Known Description Quantity Premises Date of Source Documentary
of the Uses of stock held in where procure- & specific proof, if any
specified stock Kgs stock are ment Area of
plant number kept procurement
(including
scientific
name)
1 2 3 4 5 6 7 8
3 Remarks, if any .............................................................

I do hereby declare that the information given above is true to the best of my knowledge and belief
Place : Signature of the person
Date : making the declaration
[No. 1-2/92-WLI]*
.
_____________________________
* Published in the Gazette of India, Extraordinary, Part 11, Sec. 3 (i) Dt. 18.4.1995.
HRR/MSU/ES/905/U1/201112 228 OF 290

WILDLIFE (SPECIFIED PLANTS - CONDITIONS FOR POSSESSION BY LICENSEE) RULES, 1995

G.S.R. 349 (E). - In exercise of powers /conferred by Clause (a) of Subsection (1) of Section 63 of Wild Life (Protection) Act, 1972 (53
of 1972), the Central Government hereby makes the following rules, namely:
1. Short title, Extent and Commencement.- (1) These Rules may be called Wildlife (Specified Plants - Conditions for possession by
licensee) Rules, 1995.
(2) These Rules shall come into force from the date of commencement of provisions of Chapter IIIA of the Wild Life (Protection) Act,
1972.
2. Definition-ln these Rules, unless the context otherwise requires, "Act" means the Wild Life (Protection) Act, 1972 (53 of 1972).
3. Conditions and other matters subject to which the licensee may keep any specified plants in his castody or possession. (1) No
licensee shall acquire or receive or keep in his control, custody or possession any specified plant or part or derivative thereof in
respect of which a declaration under Section 17E of Act has not been made.
(2) No licensee shall acquire, purchase or receive any specified plant or part or derivative thereof from any person other than a
licensed dealer in specified plants or a cultivator having a license for cultivation of specified plants under the Act.
(3) Licensee shall keep the stock of specified plants so purchased by him only in the premises approved by the Chief Wildlife Warden
of the State
[No. 1-2/91-WLI]*
SARWESHWAR JHA, Jt. Secy.
______________________________________
*Published in the Gazette of India, Extraordinary, Part 11, Sec. 3 (i) Dt. 18.4.1995.
HRR/MSU/ES/905/U1/201112 229 OF 290

WILDLIFE (PROTECTION) RULES, 1995
G.S.R. 348(E)-In exercise of powers conferred by clause (k) of sub-section (1) of section 63 of the Wildlife (Protection) Act, 1972 (53
of 1972), the Central Government hereby makes the following rules, namely:
1. Short title and Commencement� (1) These Rules may be called Wildlife (Protection) Rules, 1995.
(2) They shall come into force from the date of their publication in the Official Gazette.
2. In these rules, unless the context otherwise requires
(a) "Act" means the Wild Life (Protection) Act, 1972.
(b) "Section" means the Section of the Act.
3. The manner of the notice under clause (c) of section 55- (1) The notice to the Central Government or the State Government or any
authorised officer, as the case may be, shall be given in Form "A" annexed to these rules.
(2) The person/giving notice to the Central Government or the State Government or any authorised officer shall send the notice by
registered post to:
(a) The Director of Wildlife Preservation, Government of India in the Ministry of Environment and Forests, New Delhi; and
(b) (i) The Secretary to the concerned State Govt./Union Territory incharge of Wildlife, or
(ii) The Chief Wildlife Warden of the concerned State Govt./Union Territory, or
(iii) Any authorised officer of State Government/Union Teritory.
FORM "A"
(See sub-rule 1 of rule 3)
From:
__________________________
__________________________
__________________________
To:
__________________________
__________________________
__________________________
Notice under section 55 of the Wild Life (Protection) Act, 1972.
Whereas an offence under the Wild Life (Protection) Act, 1972 has been committed/is being committed by [Full name(s) and complete
address(es)
And whereas the brief facts of the offence(s) are enclosed;
I/We hereby give notice of 60 days under section 55 of the Wild Life (Protection) Act, 1972 my / our intention to file a complaint the
in court of ------------------------------------------------ for violation of section(s) ---------------- of the Wild Life (Protection) Act, 1972.
I am/We are enclosing the following documents as evidence of proof of the violation of the said Act. (Documentary evidence may
include photographs /reports /statements of witness(es) for enabling enquiry into the alleged violation /offence).
[No.1�2/91/WLI]*
SARWESHWAR JHA, Jt. Secy.
______________________________
* Published in the Gazette of India, Extraordinary, Part 11, Sec. 3 (i) Dt. 18.4.1995.
HRR/MSU/ES/905/U1/201112 230 OF 290

RECOGNITION OF ZOO RULES 1992

Notification
In exercise of the powers conferred by clauses (f) and (g) of sub-section (i) of Section 63 of the Wild Life (Protection) Act 1972 (53 of
1972), the Central Government hereby makes the following rules, namely:
1. Short title and commencement:
(1) These rules may be called the Recognition of Zoo Rules, 1992.
2. Definitions : In these rules, unless the context otherwise requires,
(a) "Act" means the Wild Life (Protection) Act, 1972 (53 of 1972);
(b) "Enclosure" means any accommodation provided for Zoo animals;
(c) "Enclosure barrier" means a physical barrier to contain an animal within an encloure;
(d) "Endangered species" means species included in Schedule I of the Act;
(e) "Form" means form set forth in Appendix A to these rules;
(f) "Performing purposes" means any effort to force the animal to carry out unnatural act including performance of circus tricks;
(g) "Stand-of barrier" means a physical barrier set back from the outer edge of an enclosure barrier;
(h) "Zoo operator" means the person who has ultimate control over the affairs of the Zoo provided that
(i) in the case of firm or other association of individuals, any one of the individual partners or members thereof shall be deemed to be
the Zoo operator;
(ii) in the case of a company, any director, manager, secretary or other officer, who is in-charge of and responsible to the company
for the affairs of the Zoo shall be deemed to be the Zoo operator;
(iii) in the case of zoo owned or controlled by the Central Government or any State Government, or any local authority, the person or
person appointed to manage the affairs of the zoo by the Central Government, the State Government or the local authority, as the
case may be shall be deemed to be the Zoo operator.
3. Application for recognition:
An application under section 38H of the Act for recognition of a zoo shall be made to the Central Zoo Authority in Form A.
4. Fees for application:
(a) There shall be paid in respect of every application under rule 3 a fee of rupees five hundred.
(b) The amount of the fee shall be paid through Demand Draft/Postal Order(s) in favour of the Central Zoo Authority, New Delhi.
5. Documents to be filed alongwith the application and particulars it should contain:
Every application shall be accompanied by the prescribed fee and shall contain clear particulars as to the matters specified in Form A.
6. Power to make inquiries and call for information :
Before granting recognition to a zoo under section 38H of the Act, the Central Zoo Authority may make such inquiries and require
such further information to be furnished, as it deems necessary, relating to the information furnished by the zoo in its application in
Form A.
7. Form of recognition:
The recognition granted to a zoo shall be subject to the following conditions, namely: ~]
(a) that the recognition unless granted on a permanent basis, shall be for such period not less than one year as may be specified in
the recognition;
(b) that the zoo shall comply with such standards and norms as are or may be prescribed or imposed under the provisions of the Act
and these rules from time to time.
8. Renewal of recognition:
(a) Three months before the expiry of the period of recogntion, a recognised zoo desirous of renewal of such recognition may make
an application to the Central Zoo Authority in Form A.
(b) The provisions of rules 3, rule 4, rule 5, rule 6 and rule 7 shall apply in relation to renewal of recognition as they apply in relation
to grant of recognition except that, the fee payable in respect of an application for renewal of recognition shall be rupees two
hundred.
9. Classification of Zoos:
For the purposes of deciding standards and norms for recognition of Zoos and monitoring and evaluating their performance, the zoos,
on the basis of the area, number of animals and their variety exhibited, and the number of visitors, shall be classfied into four
categories as specified below :
Category of the Zoo Large Medium Small Mini
Area of the zoo in More than 50-75 20-50 Less than

hectares 75 hectares Hectare hectare 20 hectare
Number of animals More than 750 500-750 200-499 200

Exhibited
Animals variety More than 50-75 20-49 20

exhibited 75 numbers Numbers numbers numbers
Number of endangered More than 15-Oct 9-May Less than

species exhibited 15 5
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Annual attendance of More than 5-7.5 5-Feb Less than

visitors per year 7.5 lakhs Lakhs lakhs 2 lakhs
10. Standards and norms subject to which recognition under section 38H of the Act shall be granted:
The Central Zoo Authority shall grant recognition with due regard to the interests of protection and conservation of wild life, and such
standards, norms and other matters as are specified below :
General :
(1) The primary objective of operating any zoo shall be the conservation of wildlife and no zoo shall take up any activity that is
inconsistent with the objective.
(2) No zoo shall acquire any animal in violation of the Act or rules made thereunder.
(3) No zoo shall allow any animal to be subjected to the cruelties as defined under the Prevention of Cruelty to Animals Act, 1960 (59
of 1960) or permit any activity that. exposes the animals to unnecessary pain, stress or provocation, including use of animals for
performing purposes.
(4) No zoo shall use any animal, other than the elephant in plains and yak in hilly areas for riding purposes or draughting any vehicle.
(5) No zoo shall keep any animal chained or tethered unless doing so is essential for its own well being.
(6) No zoo shall exhibit any animal that is seriously sick, injured or infirm.
(7) Each zoo shall be closed to visitors at least once a week.
(8) Each zoo shall be encompassed by a perimeter wall at least two metres high from the ground level. The existing zoos in the
nature of safaries and deer parks will continue to have chain link fence of appropriate design and dimensions.
(9) The zoo operators shall provide a clean and healthy environment in the zoo by planting trees, creating green belts and providing
lawns and flower beds etc.
(10) The built up area in any zoo shall not exceed twenty five per cent of the total area of the zoo. The built up area includes
administrative buildings, stores, hospitals, restaurants, kiosks and visitor rest sheds etc., animal houses and �pucca� roads.
(11) No-zoo shall have the residential complexes for the staff within the main campus of the zoo. Such complex, if any, shall be
separated from the main campus of the zoo by a boundary wall with a minimum height of two metres from the ground level.
Administrative and Staffing Pattern:
(12) Every zoo shall have one full-time officer in-charge of the zoo. The said officer shall be delegated adequate administrative and
financial powers as may be necessary for proper upkeep and care of zoo animals.
(13) Every large and medium zoo shall have at least one full-time curator having the sole responsibility of looking after the upkeep of
animals and maintenance of animal enclosures.
(14) Each large zoo shall have at least two full-time veterinarians and medium and small zoo shall have at least one full-time
veterinarian. The mini zoo may at least have arrangement with any outside veternarian for visiting the zoo every day to look after the
animals.
Animal Enlosures - Design, Dimensions and other Essential Features:
(15) All animal enclosures in a zoo shall be so designed as to fully ensure the safety of animals, caretakers and the visitors. Stand of
barriers and adequate warning signs shall be provided for keeping the visitors at a safe distance from the animals.
(16) All animal enclosures in a zoo shall be so designed as to meet the full biological requirements of the animals housed therein. The
enclosures shall be of such size as to ensure that the animals get space for their free movement and exercise and the animals within
herds and groups are not unduly dominated by individuals. The zoo operators shall take adequate safeguards to. avoid the animals
being unnaturally provoked for the benefit of viewing by public and excessive stress being caused by visibility of the animals in the
adjoining enclosures.
(17) The zoo operators shall endeavour to simulate the conditions of the natural habitat of the animal in the enclosures as closely as
possible. Planting of appropriate species of trees for providing shade and constructing shelters which would merge in the overall
environment of the enclosures, shall also be provided. Wherever it is technically feasible, only moats shall be provided as enclosure
barriers.
(18) The enclosures housing the endangered mammalian species, mentioned in Appendix I to these rules, shall have feeding and
retiring cubicles/cell of minimum dimensions given in the said appendix. Each cubicle/cell shall have resting, feeding, drinking water
and exercising facilities, according to the biological needs of the species. Proper ventilation and lighting for the comfort and well being
of animals shall be provided in each cell /cubicle /enclosure.
(19) Proper arrangement of drainage of excess of water and arrangements for removal of excreta and residual water from each cell
/cubicle /enclosure shall be made.
(20) Designing of any new enclosure for endangered species shall be finalized in consultation with the Central Zoo Authority.
Hygiene, Feeding and Upkeep:
(21) Every zoo shall ensure timely supply of wholesome and unadulterated food in sufficient quantity to each animal according to the
requirement of the individual animals, so that no animal remains undernourished.
(22) Every Zoo shall provide for a proper waste disposal system for treating both the solid and liquid wastes generated in the zoos.
(23) All left over food items, animal excreta and rubbish shall be removed from each enclosure regularly and disposed of in a manner
congenial to the general cleanliness of the zoo.
(24) The zoo operators shall make available round the clock supply of potable water for drinking purposes in each cell /enclosure
/cubicle.
(25) Periodic application of disinfectants in each enclosure shall be made according to the directions of the authorised veterinary
officer of the zoo.
Animal Care, health and Treatment:
(26) The animals shall be handled only by the staff having experience and training in handling the individual animals. Every care shall
be taken to avoid discomfort, behavorial stress or physical harm to any animal.
(27) The condition and health of all animals in the zoo shall be checked every day by the person in-charge of their care. if any animal
is found sick, injured, or unduly stressed the matter shall be reported to the veterinary officer for providing treatment expeditiously.
(28) Routine examination including parasite checks shall be carried out regularly and preventive medicines including vaccination be
administered at such intervals as may be decided by the authorised veterinary officers.
HRR/MSU/ES/905/U1/201112 232 OF 290

(29) The zoo operators shall arrange for medical check-ups of the staff responsible for upkeep of animals at least once in every six
months to ensure that they do not have infections of such diseases that can infect the zoo animals.
(30) Each zoo shall maintain animal history sheets and treatment cards in respect of each animal of endangered species, identified by
the Central Zoo Authority.
Verterinary Facilities:
(31) Every large and medium zoo shall have full-fledged veterinary facilities including a properly equipped veterinary hospital, basic
diagnostic facilities and comprehensie range of drugs. Each veterinary hospital shall have isolation and quarantine wards for newly-
ariving animals and sick animals. These wards should be so located as to minimise the chances of infections spreading to other
animals of the zoo.
(32) Each veterinary hospital shall have facilities for restraining and handling sick animals including tranquilizing equipments and
syringe projector. The hospital shall also have a reference library on animal health care and upkeep.
(33) The small and mini zoos, where full-fledged veterinary hospital is not available, shall have at least a treatment room in the
premises of the zoo where routine examination of animals can be undertaken and immediate treatment can be provided.
(34) Every zoo shall have a post-mortem room. Any animal that dies in a zoo shall be subjected to a detailed post-mortem. and the
findings recorded and maintained for a period of at least six years.
(35) Each zoo shall have a graveyard where the carcasses of dead animals can be buried without affecting the hygiene and the
cleanliness of the zoo. The large and medium zoos shall have an inscinerator for disposal of the carcasses and other refuse material.
Breeding of Animals:
(36) Every zoo shall formulate a programme for captive breeding of only such animals as are approved by the Central Zoo Authority
for that zoo. They shall abide by the guidelines and directives of the Central Zoo Authority in this regad.
(37) Every zoo shall keep the animals in viable, social groups. No animal will be kept without a mate for a period exceeding one year
unless there is a legitimate reason for doing so or if the animal has already passed its prime and is of no use for breeding purposes.
In the event of a zoo failing to find a mate for any single animal within this period, the animal shall be shifted to some other place
according to the directions of the Central Zoo Authority.
(38) No zoo shall be allowed to acquire a single animal of any variety except when doing so is essential either for finding a mate for
the single animal housed in the said zoo or for exchange of blood in a captive breeding group.
(39) Every zoo shall take up regular exchange programmes of animals so as to prevent the traits or ill effects of inbreeding. To
achieve this objective each zoo shall maintain a stud book in respect of every endangered species.
(40) To safeguard against uncontrolled growth in the population of prolifically breeding animals, every zoo shall implement
appropriate population control measures like separation of sexes, sterilizaiton, vasectomy, tubectomy and implanting of pallets etc.
(41) No zoo shall permit hybridization either between different species of animals or different races of the same species of animals.
Maintenance of Records and Submission of Inventory to The Central Zoo Authority:
(42) Every zoo shall keep a record of the birth, acquisitions, sales, disposals and deaths of all animals. Th inventory of the animals
housed in each zoo as on 31st March of every year shall be submitted to the Central Zoo Authority by 30th April of the same year.
(43) Every zoo shall also submit a brief summary of the death of animals in the zoo for every financial year, alongwith the reasons of
death identified on the basis of post-mortem reports and other diagnostic tests, by 30th April of the following year.
(44) Every zoo shall publish an annual report of the activities of the zoo in respect of each financial year. The copy of the said annual
report shall be made available to the Central Zoo Authority, within two months, after the end of the financial year. The report shall
also be made available to the general public at a reasonable cost.
Education and Research:
(45) Every enclosure in a zoo shall bear a sign board displaying scientific information regarding the animals exhibited in it.
(46) Every zoo shall publish leaflets, brochures and guidebooks and make the same available to the visitors, either free of cost or at a
reasonable price.
(47) Every large and medium zoo shall make arrangements for recording, in writing, the detailed observations. about the biological
behaviour, population dynamics and veterinary care of the animals exhibited as per directions of the Central Zoo Authority so that a
detailed database could be developed. The database shall be exchanged with other zoos as well as the Central Zoo Authority.
Visitor Facilities:
(48) The zoo operators shall provide adequate civic facilities like toilets, visitor sheds, and drinking water points at convenient places
in the zoo for visitors.
(49) First-aid equipments including anti-venom shall be readily available in the premises of the zoo.
(50) Arrangements shall be made to provide access to the zoo to disabled visitors including those in the wheel chair.
Development and Planning:
(51) Each zoo shall prepare a long-term master plan for its development. The zoo shall also prepare a management plan, giving
details of the proposal and activities of development for next six years. The copies of the said plans shall be sent to the Central Zoo
Authority.
APPENDIX A
APPLICATION FOR GETTING RECOGNITION FROM
THE CENTRAL ZOO AUTHORITY
UNDER SECTION 38H (sub-section 2)
FORM - A
To
The Member-Secretary,
Central Zoo Authority of India,
NEW DELHI.
We want to get recognition under section 38H of the Wild Life (Protection) Act, 1972 in respect of __________________ Bank
draft/Postal Order for Rs.500/- drawn in favour of Central Zoo Authority is also enclosed. The required information in respect
of______________________is as under:
1. Name of the Zoo:
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2. Location of the Zoo and Area:
3. Date of establishment:
4. Name of controling authority/operator:
5. Total number of visitors to the Zoo during the last three years (Year wise)
6. Total number of days on which zoo is open to visitors during a calender year.
7. Number of animals exhibited by the zoo:
Stock position during the current financial year
Number of Stock Position Births Acquitions Deaths

Species Disposals Stock as on the date of
exhibited on the close of preceding application
year
MAMMALS
BIRDS
REPTILES
AMPHIBIANS
FISHES AND OTHERS
INVERTEBRATES
8. Total number of enclosures:
(i) Open air moated encloures:
(ii) Closed cages/aviaries:
9. List of endangered species bred during last 3 years
10. Veterinary facilities
(a) Whole time veterinarian available or not:
(b) Facilities available in the Veterinary Hospital:
(a) Operation theatre /Surgical room
(b) X-ray facility
(c) Squeeze cages
(d) In-door patient ward
(e) Quarantine ward
(f) Dispensary
(g) Nursery for hand-rearing animal babies
(h) Pathological laboratory
(i) Tranquilising equipments./drugs
11. Whether the following facilities exist in the zoo:
i) Kitchen
ii) Food store
iii) Deep Freeze
iv) Potable water facility
v) Food distribution van/rickshaw etc.
12. Sanitary care and disease control:
Whether �
i) Pollution free water to nimals for drinkng is available ?
ii) Proper drainage system exists in enclosures ?
iii) Regular disposal of refuse material is done ?
iv) Programme for control of pests and predators exists ?
v) Preventive measures like deworming and vaccination are being provided ?
13. Amenities to visitors:
Whether
(a) Public facilities like toilets /bathrooms exist ?
(b) Sufficient number of drinking water taps available ?
(c) Visitor information centre and nature interpretation centre exist ?
(d) Zoo eduation facilities have been provided ?
(e) Public telephone booths are available ?
(f) Kiosks and restaurants are available at the zoo ?
14. Safety measures for visitors:
Whether
(a) Effective stand-of barriers have been provided around enclosures ?
(c) Adequate number of warning sign boards exist ?
(d) First-Aid measures are availabe ?
15. Budget of the Zoo for last 3 years
Revenue Grants Total expenditure
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16. Annual Report, Guide books, Brochure or any other publication (copies enclosed)
17. Master plan of the Zoo (copy enclosed)
Signature of the Applicant
APPENDIX - I
MINIMUM PRESCRIBED SIZE FOR FEEDING/RETIRING
CUBICLE/ENCLOSURES FOR IMPORTANT MAMMALIAN SPECIES OF
CAPTIVE ANIMALS.
Name of the Species. Size of the cubicle/enclosures - in metres
Length breadth height
FAMILY - Felidae:
Tiger and lions 2.75 1.8 3
Panther 2 1.5 2
Clouded leopard & snow leopard 2 1.5 2
Small cats 1.8 1.5 1.5
FAMILY – Elephantidae
Elephant. 8 6 5.5
FAMILY – Rhinocerotidae
One-horned Indian Rhinoceros 5 3 2.5
FAMILY – Cervidae
Brow antlered deer 3 2 2.5
Hangul 3 2 2.5
Swamp deer 3 2 2.5
Musk deer 2.5 1.5 2
Mouse deer 1.5 1 1.5
FAMILY – Bovidae
Nilgiri tahr 2.5 1.5 2
Chinkara 2.5 1.5 2
Four horned antelope 2.5 1.5 2
Wild Buffalo 3 1.5 2
Indian Bison 3 2 2.5
Yak 4 2 2.5
Bharal, goral, wild sheep and 2.5 1.5 2

markhor
FAMILY – Equidae
Wild Ass 4 2 2.5
FAMILY – Ursidae
All types of Indian bears. 2.5 1.8 2
FAMILY – Canidae
Jackal, wolf & wild dog 2 1.5 1.5
FAMILY – Vivirridae
Palm civet 2 1 1
Large Indian civet & binturong 2 1.5 1
FAMILY – Mustellidae
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Otters all types 2.5 1.5 1
Rate]/Hogbadger 2.5 1.5 1
Martens 2 1.5 1
FAMILY – Procyonidae
Red Panda 3 1.5 1
FAMILY – Lorisidae
Slow loris and slender loris 1 1 1.5
FAMILY-Cercopithecidae
Monkeys and langurs. 2 1 1.5
(No. F. 6-3/91-WL.1)
NUMBER OF ZOOS AND CAPTIVE WILDLIFE FACILITIES IN STATES

AND UNION TERRITORIES OF INDIA
STATE/ ZOOS DEER SAFARI TOTAL SNAKE

NATURE/ AQUARIUMS EDUCATION
PARKS PARKS PARKS
BREEDING
CENTRES
Andaman and 1 0 0 0 0 0 1
Nicobar Islands
Andhra Pradesh 3 14 3 0 1 1 22
Arunachal Pradesh 3 0 0 0 1 0 4
Assam 1 0 0 0 3 0 4
Bihar 5 1 0 0 0 0 6
Delhi 1 1 0 0 0 0 2
Goa 1 0 0 0 0 0 1
Dadra and Nagar
Haveli (UT) 1 2 0 0 0 0 3
Gujarat 8 4 0 0 2 2 16
Haryana 5 2 0 0 1 0 8
Himachal Pradesh 4 1 2 0 3 0 10
Jammu & Kashmir 2 1 0 0 0 0 3
Karnataka 19 3 4 1 0 0 27
Kerala 3 1 1 1 2 0 8
Madhya Pradesh 5 0 0 0 1 1 7
Maharashtra 10 1 1 2 2 1 17
Manipur 1 0 0 0 0 0 1
Meghalaya 2 0 0 0 0 0 2
Mizoram 1 0 0 0 0 0 1
Nagaland 1 0 0 0 0 0 1
Orissa 2 7 3 0 1 0 13
Pondicherry 1 0 0 0 0 0 1
Punjab 5 3 1 0 0 0 9
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Rajasthan 6 1 0 0 1 0 8
TamilNadu 8 1 0 1 1 2 13
Tripura 1 0 0 0 0 0 1
Sikkim 1 1 0 0 0 0 2
Uttar Pradesh 3 7 0 0 6 0 16
West Bengal 3 0 1 1 0 1 6
Total 107 *51 16 6 25 8 213
* The actual number could be much more but State-wise details are not available.
CHAPTER 2
IMPORT-EXPORT POLICY (APRIL 1992-MARCH-1997)
Extracts from the Export & Import Policy U April 1992-31 March 1997) as
application from 1.4.94 to 31.3.96
Chapter III
Para 7: Definitions
(2) "Act" means the Foreign Trade (Development & Regulation) Act 1992 (No. 22 of 199.2).
(24) "Manufacture" means to make, produce, fabricate, assemble, process or bring into existenc, by hand or by machine, a new
produce having a distinctive name, character or use and shall include process such as refrigeration, repacking, polishing labelling and
segregation. Manufacture, for the purpose of this Policy, shall also include agriculture_ aquacultures, animal husbary floriculture,
horticulture, pisciculture, poultry and sericullure.
(31) "Policy" means the Export & Import Policy 1992-97 as amended from time to time.
Chapter IV
Para 8. Exports & Imports free unless regulated
Exports and imports may be done freely, except to the extent they are regulated by the provisions of this Policy or any other law for
the time being in force.
Para 9. Form of Regulation
The Central Government may, in public interest, regulate the import or export of goods by means of a Negative list of Imports or a
Negative List of Exports, as the case may be.
Para 10. Negative Lists
The Negative lists may consists of goods the import or export of which is prohibited, restricted through licensing or otherwise, or
canalised. The Negative List of Imports and the Negative list of Exports shall be as contained in this Policy.
Para 11. Prohibited goods
Prohibited goods shall not be imported or exported.
Para 16. Procedure
The Director General of Foreign Trade may, in any case or class of cases, specify the procedure to be followed by an exporter or
importer or by any licensing, competent or the authority for the purpose of implementing the provisions of the Act, the Rules and
Orders made thereunder the this Policy. Such procedures shall be included in the Handbook of Procedures and published by means of
a Public Notice. Such procedures may, in like manner, be amended from time to time.
Chapter XV
NEGATIVE LIST OF IMPORTS
155 PROHIBITED ITEMS
3. Wild animals including their parts and products a ivory.
156 RESTRICTED ITEMS
D.SEEDS, PLANTS AND ANIMALS
1. Animals, Import permitted against a licence to zoos and zoological parks, recognised scientific/
Birds & research institutions, circus companies, private individuals, on the recommendation of
Reptiles the Chief Wildlife Warden of a State Government subject to the provisions of the
(including Convention on International Trade in Endangered Species of Wild Fauna &
theirparts & Flora (CITES)
products)
4. Plants, (a) Import of seeds of wheat, paddy coarse cereals, pulses, oilseeds and fodder for
Fruits & sowing is permitted without a licence subject to fulfilment of the provisions of the New
Seeds Policy on Seed Development 1988 and in accordance with a permit for import granted under the Plants, Fruits and Seeds
(Regulation of Import into India) Order 1989.
(b) Import of seeds of vegetables flowers, fruits and plants, tubers and bulbs of flowers, cutting, saplin& budwood etc.of flowers and
fruits for sowing or planting is permitted without a licence in accordance with a permit for import granted under the plants, Fruits and
Seeds (Regulation of Import into India) Order 1989.
(c) Import of Seeds, fruits and plants for consumption or other purpose is permitted against a licence or in accordance with Public
Notice in this behalf.
(d) Import of plants, their products and derivatives shall also be subject to the provisions of the Convention on International Trade in
Endangered Species of Wild Fanua and Flora (CITES).
CHAPTER XVI
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NEGATIVE LIST OF EXPORTS
PART I
158 PROHIBITED ITEMS
1. All forms of wild animals including their parts and products except Peacock tails including handicrafts made thereof and
manufactured Articles and Shavings of Shed Antlers of Chital and Sambhar subject to condition as specified in Annexure to Public
Notice No. 15-ETC (N)/92/97 dated 31st March, 1993 issued by the Director General of Foreign Trade and reproduced in the
Handbook of Procedures. (Vol. 1)
2. Exotic Birds
3. All items of plants included in Appendix I of the Convention on International Trade in Endangered Species (CITES), wild orchids as
well as plants as specified in Public Notice No. 47 (PN)/92-97 dated 30th March, 1994 issued by the Director General of Foreign Trade
and reproduced in the Handbook of Procedures (Vol.1)
7. Wood and wood products in the form of logs, timber, stumps, roots, barks, chips, powder, flakes, dust, pulp and charcoal except
sawn timber made exclusively out of imported teak logs/timber subject to conditions as specified in Annexures to Public Notice No.
15-ETC (PN)-92/97 dated 31st March, 1993 issued by the Director General of Foreign Trade and reproduced in the Handbook of
Procedures (Vol.1)
9. Sandalwood.
10. Red Sanders wood in any form whether raw, processed or unprocessed as well as any product made thereof.
PART II
159 AESTRICTED ITEMS
(EXPORTS PERMITTED UNDER LICENCE)
8. Fur of domestic animals, excluding lamb fur skin.
10. Hides and skins, namely:
(i) Cuttings and fleshing of hides and skins used as raw materials for manufacture of animal glue gelatine.
(ii) Raw hides and skins, all types excluding lamb fur skin.
(iii) All categories of semi-processed hides and skins including E.I. tanned and wet blue hides and skins and crust leather.
(iv) clothing leather fur suede/hair, hair-on suede/shearing suede leathers.
(v) Fur leathers.
20. Seeds and planting materials namely:
Castor seeds, cotton seeds except such cotton seeds are of varieties hybrids of other countries, grown under custom production;
cashew seeds and plants; Egyptial clover (Barseem) Trifloium alastum seeds, Fodder crop seeds; Green manure seeds other than
Dhanincha; guar seeds (whole); jute seeds; linseeds; lucrene (alfalfa) medicago sative; mesta seeds; Nux vomica seeds
/bark/leave/roots and powder thereof; onion seeds, seeds of ornamental plants (wild variety); paddy seeds (wild variety); pepper
cuttings or rooted cuttings of pepper; persian clover (snaftel trifolium, - resupinatum) seeds; red sanders� seeds (Pterocarpus
santalinus; rubber seeds; russa grass seeds and tufts; seeds of all forestry species; seeds of all oilseeds and pulses; soyabean seeds;
sandalwod seeds (Santalum album); saffron seeds of corns (planting material for saffron); wheat seeds (wild variety).
21. Sea shells, excluding polished sea shells and handicrafts made out of sea shells of all species except those of the undermentioned
species the export of which shall not be allowed in any form.
i. Trochus niloticos
ii. Trubo species
iii Lambis species
iv. Tridacna gigas
v. Zancus pyrus
22. Sea weeds of all types including G. edulis but excluding brown sea weeds and agarophytes of Tamil Nadu coast origin processed
form.
APPENDIX-XLIII-H
GOVERNMENT OF INDIA
MINISTRY OF COMMERCE
PUBLIC NOTICE No. 47 (PN)/92-97
NEW DELHI : DATED 30TH MARCH, 1994
Note: Please see para 158 part I (3) of the policy.
Attention is invited to item no. 3, part I para 158 (Prohibited Items) of Chapter XVI Negative List of Exports, of the Export and Import
Policy, 1992-97 (revised Edition : march 1994).
2. The Director General of foreign Trade hereby porhibits the export of plants plant portions and their derviatives and extracts
obtained from the wild as under:
1. Aconitum species
2. Attropa species
3. Aristolochia species
4. Angiopteris species
5. Arundinaria Jaunsarensia.
6. Balanophora species
7. Colchisum luteum (Hirantutya).
8. Commiphora whight ii.
9. Coptis species
10. Drosera species
11. Gentiana Kurroo (Kuru, Kutki).
12. Gloriasa superba.
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13. Gnetum species
14. Iphignia indica.
15. Meconipsis betonicifolia.
16. Nardostachys species (Jatamansi)
17. Osmunda species
18. Rhododendron species
19. Physochlaina praealta (Bajarbang)
20. Praltia serpumlia
21. Rheum emodi (Dolu)
22. Berberis aristata (Indian barberry; Rasvat)
23. Acorus species
24. Artemisia species
25. Coscinium fenestratum (Calumba wood).
26. Costus speciousas (Kew, Kust).
27. Didymocarpus pedicellata.
28. Dolomiaea pedicellata
29. Ephedra species.
30. Gynocardia odorata (Chaulmogri).
31. Hydnocarpus species.
32. Hyoscymus niger (Broseword).
33. Strychnos potatorum (Nirmali).
34. Swertia chirata (Charayatah).
35. Urgines species.
36. Beddomes cycad (Cycas beddomei).
37. Blue vanda (Vandaeoerules).
38. Kuth (Saussurea lappa).
39. Ladies slipper orchid (Paphiopedilium species).
40. Pitcher plant (Nepenthes Khasiana).
41. Red vanda (Renenthera imschooiana).
42. Rauvolifia serpentina (Sarpagandha).
43. Ceropegia species.
44. Frerea indica (Shindal Mankundi).
45. Araucaria araucana (Monkey-puzzle tree).
46. Podophyllum hexandurm (emodi) Indian Podophyllum).
47. Cactacea species (Cactus).
48. Cyatheaceae species (Tree Ferns).
49. Cycadacea species (Cycads).
50. Dioscorea deltoidea (Elephant�s Foot).
51. Euphorbia species (Euphorbias).
52. Aloe species (Aloes)
53. Orchidaceae species (Orchids)
54. Pterocarpus Santalinus (Red Sanders).
55. Taxus wallichiana (Common Yew of Birmi leaves).
56. Aquilaria malaccensis (Agarwood).
3. Plants and plant portions, derivatives and extracts (including value added herba formulations) of the cultivated varieties of the
species above (excluding serial no.54) will be allowed for export subject to production of a certificate of cultivation from Regional
Deputy Director (Wildlife), or Chief conservator of Forests or Divisional Forest Officers of the state concerned from where these plants
and plant portions have been procured. However in respect of cultivated varieties of the species covered by Appendix I (S.No. 36 to
41 of Paragraph 2 above) and Appendix II (s. No. 42 to 56 of Paragraph 2 above) of CITES, a CITES Permit for export will also be
required.
4. Exports allowed only through six major ports viz. Bombay, Calcutta, Cochin, Delhi, Madras, and Tuticorin.
5. This issue is public interest.
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THE WILDLIFE (PROTECTION) LICENSING

(ADDITIONAL MATTERS FOR CONSIDERATION)
RULES, 1983
G.S.R. 328 (E), dated 13th April, 19831
In exercise of the powers conferred by Cf. (a) of sub-section (1) of sec. 63, read with Cf. (b) of sub-section (4) of sec. 44 of Wildlife
(Protection) Act, 1972 (53 of 1972) the Central Government hereby makes the following rules, namely
1. Short title, extent, and commencement
(1) These rules may be called the Wildlife (Protection) Licensing (Additional Matters for Consideration) Rules, 1983
(2) They shall extend to the whole of India except the State of Jammu and Kashmir.
2. Definition
In these Rues, unless the context otherwise, requires, "Act" means the Wildlife (Protection) Act, 1972 (53 of 1972).
3. Additional matters for consideration for grant of licence under sec. 44 of the Act.
For the purposes of granting a licence referred to in sub-section (1) of Sec 44 of the Act, the Chief Wildlife Warden or the authorised
officer, as the case may be, shall in addition to the matters specified in Cf. (b) of sub-section (4) of that section, have regard to the
following other matters, namely
(i) capacity of the applicant to handle the business concerned with reference to facilities, equipment, and suitability of the premises
for such business;
(ii) the source and the manner in which the supplies for the business concerned would be obtained;
(iii) number of licences for the relevant business already in existence in the area concerned;
(iv) implications which the grant of such licence would have on the hunting or trade of the wild animals concerned.
Provided that no such shall be granted if the said implications relate to any wild animal specified in Sch.I or part 11 of Sch.II to the
Act, except with the previous consultation of the Central Government.
_______________________________
1 Published in the Gazette of India, Extraordinary. N. 11 Sec. 3(i) dated 13th April 1983.
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THE WILDLIFE (STOCK DECLARATION) CENTRAL RULES, 1973

G.S.R. 29(E)-- In exercise of the powers conferred by Cl. (a) of sub-section (1) of Sec.63 of the Wildlife (Protection) Act,
1972 (53 of 1972), the Central Government hereby makes the following rules, namely
(1) These rules may be called the Wildlife (Stock Declaration) Central Rules, 1973.
(2) They shall come into force 2 in the State of Madhya Pradesh on the 25th January, 1973 and in other States and Union Territories
on such date as the Central Government may, by notification appoint, and different dates may be appointed for different States and
Union Territories
2. Declaration by manufacturer of, dealer or taxidermist in, animal article, etc.,
Every manufacturer of, or dealer in, animal article or every dealer in captive animals, trophies, or uncured trophies, or every
taxidermist shall, within fifteen days from the commencement of Wildlife (Protection) Act, 1972, declare his stock of animal article,
captive animal, trophies, and uncured trophies, as the case may be, as on the date of such declaration to the Chief Wildlife Warden in
the form given below.
Form of Declaration
(See sub-section (2) of Sec. 44)
To
The Chief Wildlife Warden
State or Union Territory of ................................................
1. Full name and address of the manufacturer/dealer/taxidermist making the declaration ________
2. Actual stock held on the date of declaration in animal articles :
(i) Description including name of animal from which derived _________________________
(ii) Number _________________________________________________________________
(iii) Dimensions or weight ______________________________________________________
(iv) Premises where kept _______________________________________________________
3. Actual stock held on the date of declaration in captive animals
(i) Species and sex ___________________________________________________________
(ii) Number _________________________________________________________________
(iii) Adult or juvenile __________________________________________________________
4. Actual stock held on the date of declaration in trophies
(ii) Number _________________________________________________________________
5. Actual stock held on the date of declaration in uncured trophies
(ii) Number _________________________________________________________________
6. Remarks, if any
I do hereby declare that the information given above is true to the best of my knowledge and belief.
Signature of the person making the declaration
Place
Date
References
1. Published in the Gazette of India, Extraordinary, Pt. 11 Sec. 3(i) dated 25th January, 1973.
2. The same rules has been extended to the following States as below
1. Bihar, vide G.S.R. 41(E), published in the Gazette of India, Extraordinary, Pt 11 Sec. 3(i) dated 1st February, 1973.
2. Haryana, vide G.S.R.64(E), published in the Gazette of India, Extraordinary, Pt 11 See. 3(i) dated 12th March, 1973.
3. Himachal Pradesh, vide G.S.R. 191(E), published in the Gazette of India, Extraordinary, Pt 11 Sec. 3(i) dated 2,nd April, 1973.
4. Maharashtra, vide G.S.R. 297(E), published in the Gazette of India, Extraordinary, Pt 11 Sec. 3(i) dated 1st June, 1973.
5. Pondicherry, vide G.S.R. 63(E), published in the Gazette of India, Extraordinary, Pt 11 Sec. 3(i) dated I st March, 1975.
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THE WILDLIFE (TRANSACTION AND TAXIDERMY) RULES, 1973

G.S.R. 198(E), dated the 9th April, 1973
In exercise of the powers conferred by Cl.(b) of sub-section (1) of Sec.63 of the Wildlife (Protection) Act, 1972 (53 of 1972), the
Central Government hereby makes the following rules.
(1) Short title, extent, commencement
(1) These rules may be called the Wildlife (Transactions and Taxidermy) Rules, 1973.
(2) They extend to the whole of the State of Bihar, Gujarat, Haryana, Himachal Pradesh, Madhya Pradesh and Uttar Pradesh.
(3) They shall come into force on the 9th April 1973.
2. Definition
In these rules, unless the context other-wise requires
(a) "Act" means the Wildlife (Protection) Act, 1972 (53 of 1972);
(b) "form" means a Form appended to these rules;
(c) "Licensee" means a licensee under Chapter V of the Act;
(d) "Officer" means the Chief Wildlife Warden or any other officer whom the State Government may, for the purposes of these rules,
by notification in the official Gazette, appoint;
(e) "specified animal" means any animal which is specified in Sch.I or Part II of Sch.II to the Act and which is
(i) captured or kept or bred in captivity, or
(ii) found wild in nature.
3. Acquiring, receiving, or keeping specified animal, etc. in control, custody, or possession or put under process of
taxidermy or make articles, etc.,
(1) No person shall
(i) acquire, receive, keep in his control, custody or possession , any specified animal or any animal articles, trophy, uncured trophy, or
meat derived therefrom, or
(ii) put under a process of taxidermy or make animal articles containing part of whole of such animal, except with the previous
permission of the officer.
(2) Every application for such permission shall be made in Form 1.
(3) On receipt of an application made under sub-rule (2), the officer may, after making such inquiry as he may think fit and within a
period of fifteen days from the date of receipt of the application, either grant or refuse to grant the permission;
Provided that no such permission shall be granted unless the officer is satisfied that the specified animal or animal article, trophy,
uncured trophy, or meat, referred to in sub-rule (1) has been lawfully acquired.
(4) Where the officer refuses to grant the permission, he shall record the reason for so doing and a copy of the reason so recorded
shall be communicated to the licensee applying for the permission.
(5) Every permission granted under sub-rule (3) shall be in Form II.
4. Submission of report of stocks
(1) Every licensee to whom permission has been granted under sub-rule (3), of Rule 3 shall submit, to the officer who has granted the
said permission, report regarding the stocks of specified animal or animal article, trophy, uncured trophy, or meat, referred to in sub-
rule (1) of Rule 3, in Form III within a period of [thirty days] of the acquisition, receipt or keeping of the same in his control, custody
or possession.
(2) The officer, after receiving such report, may arrange to affix identification marks on such stocks.
5. Sale of specified animal. etc.
(1) No licensed dealer shall sell or offer for sale any specified animal or any animal article, trophy, or uncured trophy derived
therefrom, except to a person authorised to purchase by a permission granted by the officer and where the sale is effected the
purchaser shall surrender the permission to the licensed dealer.
(2) Every application for permission to purchase shall be made in Form IV.
(3) On receipt of an application made under sub-rule (2), the officer may, after making such inquiry as he may think fir, and within a
period of ten days from the date of receipt of the application, either grant or refuse to grant the permission.
(4) Where the officer refuses to grant the permission, he shall record the reasons for so doing and a copy of the reasons so recorded
shall be communicated to the person applying for the permission.
(5) Every permission granted under sub-rule (3) shall be valid up to a period of one month from the date of issue of the same.
(7) Every licensed dealer shall, at the time of each sale, issue a voucher in relation to the specified animal or animal article, trophy, or
uncured trophy referred to in sub-rule (1), to the person authorised to purchase.
(8) Each voucher shall contain the following particulars, namely
(a) date of issue of the voucher;
(b) the amount of price realised or to be realised;
(c) name and address of the licensed dealer issuing the voucher;
(d) name and address of person to whom the voucher is issued;
(e) permission number of the person authorised to purchase;
(f) description of the specified animal/animal article /trophy /uncured trophy derived therefrom and number;
(g) whether such specified animal/animal article/trophy /uncured trophy was/were required to be declared under Sec.44 of the
Wildlife (Protection) Act, 1972 (53 of 1972), and if so, whether it/they has /have been declared;
(h) signature of the licensed dealer issuing the voucher;
(i) signature of the person to whom the voucher is issued
6. Taxidermy or making animal article
(1) Every licensed taxidermist or licensed manufacturer shall, at the time of returning the trophy or animal article, issue a voucher to
the owner of the said trophy or animal article.
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(2) Each voucher shall contain the following particulars, namely
(a) date of issue of voucher;
(b) charges realised or to be realised;
(c) name and address or the licensed taxidermist/manufacturer issuing the voucher;
(d) name and address of the person to whom the voucher is issued;
(f) whether uncured trophy/ trophy/animal article was required to be declared under Sec.40. or Sec. 44 of the Wildlife (Protection)
Act, 1972 (53 of 1972), and if so whether it/they has/have been declared;
(g) signature of the licensed taxidermist / manufacturer issuing the voucher.
7. Maintenance of vouchers
(1) The voucher referred to in Rules 5 or 6 shall be in triplicate and serially numbered.
(2) The duplicate and the triplicate copy of the voucher shall be retained by the licensed dealer" licensed taxidermist, or licensed
manufacturer, and the original copy of the voucher shall be given to the person referred to in sub-rule (7) of Rule 5 or sub-rule (1) of
Rule 6.
(3) Every book containing blank vouchers shall be presented to the officer for affixing his initials to stamps on such book before it is
brought into use.
(4) (a) Every licensed dealer, licensed taxidermist, or licensed manufacturer shall send in monthly batches, not later than the seventh
day of every month, the duplicate copies of vouchers retained by him, to the officer.
(b) Every permission surrendered to a licensed dealer at the time of sale shall also be enclosed along with the duplicate copies
aforesaid.
8. Transport of specified animal. etc.
(1) No licensee shall transport from one place to another within the State any specified animal, animal articles, trophy, or uncured
trophy derived therefrom, except with the previous permission of the officer.
(2) Every application for such permission shall be made in Form VI.
(3) On receipt of an application made under sub-rule (2) the officer may, after making such inquiry as he may think fit, and within a
period of seven days from the date of receipt of the application, either grant or refuse to grant the permission.
Provided that no such permission shall be granted unless the officer is satisfied that the specified animal, or animal article, trophy or
uncured trophy, referred to in sub-rule (1) has been lawfully acquired.
(4) Where the officer refuses to grant the permission, he shall record the reasons for so doing and a copy of the reasons so recorded
shall be communicated to the licensee applying for the permission.
(5) Every permission granted under sub-rule(3) shall be in Form VII.
9. Appeal
(1) Any licensee or a person aggrieved by an order made by the Chief Wildlife Warden or any officer granting the permission under
sub-rule (3) of Rule 3, sub-rule (3) of Rule 5, of sub-rule (3) of Rule 8, may prefer an appeal
(i) if the order is made by an officer other than the Chief Wildlife Warden, to the Chief Wildlife Warden, or
(ii) if the order is made by the Chief Wildlife Warden , to the State Government.
(2) In the case of an order passed in appeal by the Chief Wildlife Warden under Cl (i) of sub-rule (1), a second appeal shall lie to the
State Government.
(3) No appeal shall be entertained unless it is preferred within fifteen days from the date of the communication to the applicant of the
order appealed against.
Provided that the appellate authority may admit any appeal after the expiry of the period aforesaid, if it is satisfied that the appellant
had sufficient cause for not preferring the appeal in time.
FORM I
(See sub-rule (2) of Rule 3)
Application for permission to acquire, receive, keep specified animal, animal, article, etc. or put under process of
taxidermy or make animal article
To,
The________________________
___________________________
___________________________
Sir,
I ......��. resident of .........��. Taluk .........��. District ......��. and holding License
No. ......��. granted under Sec. 44 (4) of the Wildlife (Protection) Act of 1972 (53 of 1972), request that I may be granted
permission to acquire/receive/ keep in any control/custody/possession specified animal/animal article/trophy/uncured trophy/meat
derived from specified animal and /or put under process of taxidermy/make animal article containing part/whole of such animal.
2. I furnish below the particulars in relation to such specified animal /animal article/trophy /uncured trophy/meat:
(1) Species of animal
(2) Number
(3) Description (including sex, if possible)
(4) Source from which to be obtained
(i) Address and Licence No. if any
(ii) Whether declaration made /permission /licence obtained under Secs. 40, 43 or 44 of the Wildlife (Protection) Act, 1972, and if so
the particulars :
(5) Particulars of certificate of ownership
(6) Identification mark, if any
(7) Premises in which-intended to be kept
(8) Purpose for which tobe acquired / received/ kept in control/ custody / possession:
(9) If to be put under process of taxidermy or to make animal article,
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(a) No. of trophies /articles to be made
(b) Description of such trophies / articles
(c) To whom will they be returned
(d) Probabale date by which they will be returned.
3. I hereby declare that to the best of my knowledge and belief the information furnished herein is true and complete.
Signature of the applicant
Strike out whichever is not applicable

FORM II
Possession to acquire, receive, keep in control custody,
or permission specified animal, animal article, etc.
or put under process of taxidermy or make animal article.
Shri ...... holding Licence No. ...... . granted under Sec. 44(4) of the Wildlife (Protection) Act 1972 (53 of 1972) is hereby permitted
to acquire/ to keep under his control / custody / possession specified animal / animal article / trophy / uncured trophy /meat derived
from specified animal of the following description, or put under process of taxidermy or make animal article containing part or whole
of such animal:
(1) Species of animal
(2) Description (including sex, if given in the application)
(3) Number
(4) Source from which to be obtained.
(5) Licence/ Permission No. of the source from which to be obtained
(6) Particulars of the Certificate of Ownership
(7) Identification mark, if any
(8) Premises in 4ich intended to be kept
(9) Purpose for which permitted to be acquired /received /kept in control custody/possession:
(10) If permitted to put under process fo taxidermy or to make animal article:
(a) No. of trophies /articles to be made
(b) Description of such trophies /articles
(c) To whom they should be returned
(d) Probable date by which they would be returned
Issued by me this day of
Signature & Designation
Seal :
Place :
Date :
Strike out whichever is not application
FORM III
(See-rule of (1) of Rule 4)
Report of Stocks
To,
The_______________________
__________________________
__________________________
1. Full name, address, and Licence No. of the Licensee
2. Stock held on the date of report in specified animals;
(a) Species and sex
(b) Number
(c) Adult or juvenile
(d) Premises where kept
3. Stock held on the date of report in animal articles
(a) Description, including species of animal from which derived
(b) Number
(c) Dimension or weight
4. Stock held on the date of report in trophies:
(b) Number
5. Stock held on the date of report in uncured trophies
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(b) Number
6. Remarks, if any
I do hereby declare that the information given above is true to the best of my knowledge and belief
Signature of the person making declaration
Place :
Date:
FORM IV
(See Sub-rule (2) of rule 5)
Application for permission to purchase specified animal, etc.,
To
The___________________
______________________
______________________
Sir,
I/We, residing at ....... Taluka ...... District ... request that I/we may be granted permission to purchase specified animal/animal
article / trophy/uncured trophy derived from specified animal of the following description, from a Licence:
(1) Number and description of
(a) specified animal
(b) animal article
(c) trophy
(d) uncured trophy
(2) Purpose for which the purchase is to be made
(3) I/We hereby declare that to the best of my/our knowledge and belief the information furnished herein is true and complete.
Signature (s) of the applicant (s)
Place :
Date:

FORM V
(See Sub-rule (5) of rule 5)
Permission to purchase specified animal etc.
S / Shri ....... ...... ....... is/are hereby permitted to purchase specified animal/animal article/ trophy/uncured trophy derived from
specified animal of the following description, from ...... for the purpose of
Number and description of
(a) specified animal
(b) animal article
(c) trophy
(d) uncured trophy
Issued by me this ...... Day of .....
Signature
Designation
Seal :
Place :
Date :
Note : This permission shall be valid up to a period of one month from the date of issue.

FORM VI
Application for permission to transport specified animal etc.
To
The ____________________
________________________
________________________
Sir,
I, ......residing at ....... I Taluk ....... District ....... holding Licence No ....... granted under Sec. 44(4) of the Wildlife (Protection) Act,
1972 (53 of 1972), request that I may be granted permission to transport the following;
(1) Species of specified animal or from which the animal article/cured trophy/uncured trophy is derived
______________________________________________________
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(2) Number _____________________________________________________________
(3) Description (including sex if possible) _____________________________________
(4) Identification mark, if any _______________________________________________
(5) Source of procurement and the Licence / Permission No. ______________________
(6) Certificate of ownership, if any ___________________________________________
(7) Mode of transport _____________________________________________________
(8) Route _______________________________________________________________
(9) Period required for transport _____________________________________________
(10) Destination ___________________________________________________________
2. 1 hereby declare that to the best of my knowledge and belief the information furnished herein is true and complete
Signature of the Applicant
Place
Date:
FORM VII
Permission to transport specified animal etc.
Shri ....... holding Licence No ....... granted under Sec. 44(4) of the Wildlife (Protection) Act, 1972 (53 of 1972), is hereby permitted
to transport in the manner prescribed below specified animal/animal article/cured trophy/uncured trophy derived from specified
animal, from ....... to .......
(i) Mode of transport
(ii) Route
(iii) Period allowed for transport
(iv) Remarks
Issued by me this . day of .
Signature
Designation
Seal:
Place :
Date :

Act
1. No.59 of 1960 - The Prevention of Cruelty to Animals Act, 1960. | Read in Hindi (हहहिंदद मम पढ़म )
Rules
1. S.O. 303 (E) [08/02/2011] - The Animal Birth Control (Dogs) Amendment Rules, 2010. | Read in Hindi (हहहिंदद मम पढ़म )
2. S.O.2778(E), [10/11/2010] - Reconstitution of Committee for the Purpose of Control and Supervision of Experiments on Animals(CPCSEA).
3. S.O. 1995 (E) [27/07/2010] - Prevention of Cruelty to Animals (Slaughter House) Amendment Rules 2010. | Read in Hindi (हहहिंदद मम पढ़म )
5. S.O.714(E), [26/03/2010] - Animal Birth Control(Dogs) Rules, 2009.
6. S.O.1818(E), [23/10/2006] - Breeding of and Experiments on Animals (Control and Supervision )Amendment Rules, 2006.
8. S.O.42(E), [14/01/2006] - Breeding of and Experiments on Animals (Control and Supervision )Amendment Rules, 2005.
9. S.O.1256(E), [24/12/2001] - The Animal Birth Control (Dogs) Rules, 2001. | Read in Hindi (हहहिंदद मम पढ़म )
10. S.O.267(E), [26/3/2001] - The Performing Animals (Registration) Rules, 2001. | Read in Hindi (हहहिंदद मम पढ़म )
i. S.O.35(E), [8/1/2002] - The Performing Animals (Registration) Amendment Rules, 2001.
11. S.O.271(E), [26/3/2001] - The Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention of Cruelty to Animals) Rules, 2001. | Read in Hindi (हहहिंदद मम पढ़म )
12. S.O.270(E), [26/3/2001] - The Prevention of Cruelty to Animals (Slaughter House) Rules, 2001. | Read in Hindi (हहहिंदद मम पढ़म )
13. S.O.268(E), [26/3/2001] - The Prevention of Cruelty to Animals (Transport of Animals on Foot) Rules, 2001. | Read in Hindi (हहहिंदद मम पढ़म )
14. S.O.134(E), [15/2/2001] - The Breeding of and Experiments on animals (Control and Supervision) Amendment Rules, 2001.
15. S.O.1074, [15/12/1998] - The Breeding of and Experiments on Animals (Control and Supervision) Rules, 1998.
16. S.O.732(E), [26/8/1998] - The Experiments on Animals (controls and Supervision) (Amendment) Rules, 1998.
17. S.O.No.1056, [13/3/1979] - The Prevention of Cruelty (Capture of Animals) Rules, 1972.
18. No.14-20/76-LD.I, [30/11/1978] - The Prevention of Cruelty to Animals (Registration of Cattle Premises) Rules, 1978.
19. No. 18-6/70-LDI, [23/3/1978] - The Transport of Animals Rules, 1978 .
i. S.O.2465(E), [22/09/2009] - The Transport of Animals (Amendment) Rules, 2001.
ii. S.O.269(E), [26/3/2001] - The Transport of Animals (Amendment) Rules, 2001. | Read in Hindi (हहहिंदद मम पढ़म )
20. No.14-21/76-LD.I, [15/2/1978] - The Prevention of Cruelty to Animals (Application of Fines) Rules, 1978.
21. No.35-4/72-LD.I, [22/5/1973] - The Performing Animals Rules, 1973.
22. No.9-18/62-LD, [23/3/1965] - The Prevention of Cruelty to Animals (Licensing of Farriers) Rules, 1965.
23. No.9-18/68-LD, [23/3/1965] - The Prevention of Cruelty to Draught and Pack Animals Rules, 1965, amended 1968. | Read in Hindi (हहहिंदद मम पढ़म )
Notifications
1. G.S.R.619(E), [14/10/1998] - The Prevention of Cruelty to Animals (Restricted to Exhibit on Trained as a Performing Animals).
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{ TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY,
• PART II, SECTION 3, SUB-SECTION (ii) }
• GOVERNMENT OF INDIA
• Notification
• New Delhi the 19th October, 2006.
• S.O. 1817(E). - In exercise of the powers conferred by section 15 of the Prevention of Cruelty to Animals Act, 1960 (59 of
1960), the Central Government, on the advice of the Board, and being satisfied that it is necessary for the purpose of
controlling and supervising experiments on animals, hereby constitutes a Committee consisting of following persons as its
members, with effect from the date of publication of this notification in the Official Gazette, namely:-
• 1.Additional Secretary, Incharge of Animal Welfare,Government of India,Ministry of Environment and Forests,New
Delhi.Chairperson / Member2.Joint Secretary (Animal Welfare), Ministry of Environment and
Forests,New Delhi.Vice-Chairperson/ Member3.Dr.(Mrs.) Vasantha Muthuswamy,Senior Deputy Director General &Chief,
Division of BMS, Traditional Medicines & Bioethics,Indian Council of Medical Research, Ansari Nagar, New Delhi-110
029.Member4.Dr. P. Balakrishna Murthy,Director, International Institute of Biotechnology andToxicology (IIBAT),12, Harleys
Road, Kilpauk,Chennai-600 010.Member5.Dr. D. Swarup,Head, Division of Medicine,Indian Veterinary Research
Institute,Izatnagar-243 122, (Uttar Pradesh)Member6.Dr. K. Nachimuthu,Director of Research,Tamilnadu Veterinary and
Animal Sciences University,Madhavaram Milk Colony, Chennai- 600 051.Member7.Prof. Anup Kumar Nayak,Wildlife Institute
of India,Post Bag #18, Chandrabani,Dehradun - 248 001, Uttaranchal.Member8.Dr. Kodavalla Venkaiah, Head & Asst.
Director,Bio-Statistics Deptt.,National Institute of Nutrition,Jamai-Osmania (PO), Hyederabad - 500 007.Member9.Dr. V.K.
Vinayak ,(Retd. Senior Advisor), Department of Biotechnology, B-1, E-12, Mohan Co-operative Industrial Estate,Mathura
Road, New Delhi - 110 044.Member10.Prof. A. Jagannadha Rao (Retd.),Department of Bio-Chemistry and
MolecularReproduction, Development & Genetics, Indian Institute of Science,Bangalore-560 012.Member11.Dr. Shashi
Motilal,Professor (Philosophy),University of Delhi, 7, Vaishali Apartments,IIT/Delhi, Hauz Khas,New Delhi-110
016.Member12.Dr. T.P.R. Bharadwaj,Senior Consultant, Haematologist,Apollo Hospitals,21, Greams Lane, Off. Greams
Road,Chennai-600 006.Member13.Director (Animal Welfare),Ministry of Environment & Forests,New Delhi.Member-Secretary
• 2. The Central Government hereby nominates Additional Secretary, incharge of Animal Welfare, Ministry of
Environment and Forests and Member to be the Chairperson of the Committee as per sub-section (2) of section 15 of the
said Act.
• 3. Joint Secretary (Animal Welfare), Ministry of Environment and Forests and Member will be Vice Chairperson of the
Committee.
• 4. The term of the Committee shall, unless sooner dissolved, be four years from the date of its constitution.
• 5. The Committee constituted earlier vide Gazette Notification No.S.O.32(E) dated 10th January, 2003 amended
subsequently vide Notification Numbers S.O.599(E) dated 26.05.2003; S.O.955(E) dated 21.8.2003; S.O.69(E) dated
15.01.2004; S.O.85(E) dated 25.1.2005; S.O.1491(E) dated 17.10.2005 and S.O. 933(E) dated 21.6.2006 stands dissolved
from the date of publication of this notification in the Official Gazette.
• (Desh Deepak Verma)
• Joint Secretary
• [F.No.25/34/2004-AWD]
• Note: The earlier notification constituting the Committee for the Purpose of Control and Supervision of Experiments on
Animals was published in the Gazette of India, Extraordinary vide No.S.O.32(E) dated 10.1.2003 and was subsequently
amended vide notification numbers S.O.599(E) dated 26.05.2003; S.O.955(E) dated 21.8.2003; S.O.69(E) dated
15.01.2004; S.O.85(E) dated 25.1.2005; S.O.1491(E) dated 17.10.2005 and S.O. 933(E) dated 21.6.2006.
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THE BREEDING OF AND EXPERIMENTS ON ANIMALS (CONTROL AND SUPERVISION) AMENDMENT RULES, 2005

• NOTIFICATION
• New Delhi, the 10th January, 2006.
• S.O. 42(E)._____The following draft of the Breeding of and Experiments on Animals (Control and Supervision) Amendment
Rules, 2005, which the Committee for the Purpose of Control and Supervision of Experiments on Animals proposes to make,
in exercise of the powers conferred by sub-sections(1), (1A) and (2) of section 17 of the Prevention of Cruelty to Animals
Act, 1960 (59 of 1960), are hereby published for information of all persons likely to be affected thereby, and notice is
hereby given that the said draft rules shall be taken into consideration after the expiry of a period of thirty days from the
date on which copies of the Gazette of India containing this notification are made available to the public;
• Any person desirous of making any suggestion or objection in respect of the said draft rules may, within the period
so specified, forward the same for consideration of the said Committee, addressed to the Member Secretary, Committee for
the Purpose of Control and Supervision of Experiments on Animals, Animal Welfare Division, Ministry of Environment and
Forests, 8th Floor, Jeevan Prakash Building, 25, Kasturba Gandhi Marg, New Delhi-110001.
• Draft Rules
• 1. (1) These rules may be called the Breeding of and Experiments on Animals (Control and Supervision) Amendment
Rules, 2005.
• (2) They shall come into force on the date of their final publication in the Official Gazette.
• In the Breeding of and Experiments on Animals (Control and Supervision) Rules, 1998 (hereinafter referred to as the said
rules), in rule 2, for clause (e), the following clause shall be substituted, namely:-
• ‘(e) “Experiment” means any programme or project involving use of animal for the acquisition of knowledge of a
biological, physiological, ethological, physical or chemical nature; and includes the use of animal in the production of
reagents and products such as antigens and antibodies, routine diagnostics, testing activity and establishment of transgenic
stocks, for the purpose of saving or prolonging life or alleviating suffering or significant gains in well being for people of the
country or for combating any disease whether of human beings or animals ;'
• (1) after clause (b), the following clause shall be inserted, namely:-
• "(bb) animals lowest on the phylogenetic scale which may give scientifically valid results should be first considered for any
experimental procedure and the experiment should be designed using minimum number of animals to give statistically valid
results at 95% degree of confidence:
• Provided that replacement alternatives not involving experiments on animals should be given due and full consideration and
sound justification must be provided in case alternatives, though available, are not used;” ;
• (2) after clause (c), the following clause shall be inserted, namely:
• "(cc) (i) personnel using experimental animals shall be responsible for the welfare of animal during their use in
experiments;
• (ii) investigators shall be responsible for the aftercare and rehabilitation of animal after experimentation, and shall not
euthanise animals except in situations as defined in clause (ff);
• (iii) costs of aftercare and rehabilitation of animal after experimentation shall be made part of research costs and shall be
scaled in positive correlation with the level of costs involved in such aftercare and rehabilitation of the animals;
• (iv) rehabilitation treatment of animals after experimentation shall extend till the point the animal is able to resume a
normal existence by providing a lump-sum amount as costs for rehabilitation and care of such animal to cover its entire
statistical expected life span; and
• (v) the establishment undertaking experiments or duly licensed and authorised animal welfare organization under the
control of the Committee may, on payment of lump-sum amount, undertake rehabilitation of animals;”;
• (3) after clause (f), the following clause shall be inserted, namely:-
• "(ff) the following parameters shall be adopted for application of euthanasia, namely:-
• (i) when the animal is paralyzed and is not able to perform its natural functions or it becomes incapable of
independent locomotion or it can no longer perceive the environment in an intelligible manner; or
• (ii) if during the course of experimental procedure the animal has been left with a recurring pain wherein the animal
exhibits obvious signs of pain and suffering; or
• (iii) where the non-termination of the life of the experimental animal will be life threatening to human beings or other
animals;”.
•
• (1) for clause (b), the following clause shall be substituted, namely:-
• “(b) (i) an establishment shall acquire animal for experiments from registered breeders only;
• (ii) in case of non-availability of animal from registered breeders, the animal may be procured from alternate legal sources;
• (iii) in case the animal is procured from the alternate legal sources, the same shall be procured after taking written
permission from the authority competent under the law for the time being in force, to give such permission; and
• (iv) the establishment procuring such animal shall maintain a record in this regard and shall produce the same before the
Committee, whenever required;” ;
• (2) for clause (e), the following clause shall be substituted, namely:-
• “(e) In case an animal is not available from a registered breeder or from alternate legal sources within the country,
genetically defined animals may be imported with permission of Directorate General of Foreign Trade:
• Provided that the condition of non-availability within the country shall not apply for laboratory bred rats and mice of
genetically defined strains;”.
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• 5. For rule 12 of the said rules, the following rule shall be substituted, namely:-
• “12. Contract animal experiments. - Registered establishments may undertake contract research on behalf of any other
agency in accordance with the Prevention of Cruelty to Animals Act, 1960 (59 of 1960) and the rules made thereunder.”.
• 6. In rule 14 of the said rules, for clause (a), the following clause shall be substituted, namely:-
• “(a) The Committee, if it is satisfied with the report of the Member-Secretary or the authorized officer of the Committee
(made to it as a result of any inspection or information received or otherwise) that -
• (i) the rules made by it are not being complied with by an establishment or breeder; or
• (ii) a violation of the directions of the Committee has been committed by any establishment or breeder and the Committee’s
directions to rectify such violation have not been complied within the period so specified,
• the Committee may, by order in writing, suspend or revoke the registration of the establishment or breeder and/or direct
closure of the animal house facility for such a period as may be specified in the order:
• Provided that no order under this clause shall be made without giving the establishment or breeder any opportunity of being
heard in the matter:
• Provided further that no order for suspension or revocation of registration, or closure or animal house facility shall be issued
in a case of minor violation.
• Explanation:- for the purposes of this clause, “minor violation” means an act of commission or omission which does not
have direct bearing on the health of an animal which may not lead to adverse health effect or pain or suffering or death of
an animal.”.
• [F.No.25/04/2005-AWD]
•
•
• (Committee for the Purpose of Control
• and Supervision of Experiments on Animals)
• Note:- The principal rules were published in the Gazette of India, Extraordinary, vide number S.O. 1074 dated
• 15th December, 1998 and subsequently amended vide number S.O.134(E) dated 15th February, 2001.
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THE WILD LIFE (PROTECTION) AMENDMENT ACT, 2002
• MINISTRY OF LAW AND JUSTICE

• (Legislative Department)
• New Delhi, the 20th January, 2003/Pausa 30, 1924 (Saka)
• The following Act of Parliament received the assent of the President on the l7th January, 2003, and is hereby published for
general information:–
• THE WILD LIFE (PROTECTION) AMENDMENT ACT, 2002
• No. 16 of 2003
• [17thJanuary, 2003.]
• An Act further to amend the Wild Life (Protection) Act, 1972.
• BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:
• Short Title and Commencement
• 1. (1) This Act may be called the Wild Life (Protection) Amendment Act, 2002.
• (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and
different dates may be appointed for different provisions of this Act.
• Amendment of Long Title
• 53 of 1972
• 2. In the Wild Life (Protection) Act, 1972 (hereinafter referred to as the principal Act), for the long title, the following long
title shall be substituted, namely:–
• "An Act to provide for the protection of wild animals, birds and plants and for matters connected therewith or ancillary or
incidental thereto with a view to ensuring the ecological and environmental security of the country.".
• Amendment of section 2
• 3. In section 2 of the principal Act,–
• for clause (1), the following clause shall be substituted, namely:-
• '(1) "animal" includes mammals, birds, reptiles, amphibians, fish, other chordates and invertebrates and also includes their
young and eggs;';
• (b) for clause (4), the following clause shall be substituted, namely:-
• '(4) "Board" means a State Board for Wild Life constituted under subsection (1) of section 6;';
• (c) clause (8) shall be omitted;
• (d) for clause (9), the following clause shall be substituted, namely:-
• '(9) "Collector" means the chief officer-in-charge of the revenue administration of a district or any other officer not below the
rank of a Deputy Collector as may be appointed by the State Government under section 18B in this behalf;';
• (e) for clause (11), the following clause shall be substituted, namely:–
• '(11) "dealer" in relation to any captive animal, animal article, trophy, uncured trophy, meat or specified plant, means
a person, who carries on the business of buying or selling any such animal or article, and includes a person who undertakes
business in any single transaction;';
• (f) for clause (12A), the following clauses shall be substituted, namely:–
• 16 of 1927
• '(12A) "Forest officer" means the Forest officer appointed under clause (2) of section 2 of the Indian Forest Act, 1927 or
under any other Act for the time being in force in a State;
• 16 of 1927
• (12B) "forest produce" shall have the same meaning as in sub-clause (b) of clause (4) of section 2 of the Indian Forest Act,
1927;';
• (g) in clause (16), for sub-clauses (a) and (b), the following sub-clauses shall be substituted, namely:
• "(a) killing or poisoning of any wild animal or captive animal and every attempt to do so;
• (b) capturing, coursing, snaring, trapping, driving or baiting any wild or captive animal and every attempt to do so;";
• (h) for clause (18A), the following clause shall be substituted namely:–
• '(18A) "livestock" means farm animals and includes buffaloes, bulls, bullocks, camels, cows, donkeys, goats, sheep, homes,
mules, yaks, pigs, ducks, geese, poultry and their young but does not include any animal specified in Schedules I to V;';
• (i) for clauses (19) and (20), the following clauses shall be substituted, namely:-
• '(19) "manufacturer" means a person who manufactures articles from any animal or plant specified in Schedules I to V and
VI, as the case may be;
• (20) "meat" includes blood, bones, sinew, eggs, shell or carapace, fat and flesh with or without skin, whether raw or cooked,
of any wild animal or captive animal, other than a vermin;
• (20A) "National Board" means the National Board for Wild Life constituted under section 5A;';
• (j) after clause (24), the following clause shall be inserted, namely:–
• '(24A) "protected area means a National Park, a sanctuary, a conservation reserve or a community reserve notified under
sections 18, 35, 36A and 36C of the Act;';
• (k) for clauses (25B) and (26), the following clauses shall be substituted, namely:–
• '(25B) "reserve forest" means the forest declared to be reserved by the State Government under section 20 of the Indian
Forest Act, 1927, or declared as such under any other State Act;
• (26) "sanctuary" means an area declared as a sanctuary by notification under the provisions of Chapter IV of this Act and
shall also include a deemed sanctuary under sub-section (4) of section 66;';
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• (l) clause (28) shall be omitted;
• (m) for clause (30), the following clause shall be substituted, namely:–
• '(30) "taxidermy", with its grammatical variations and cognate expressions, means the curing, preparation or preservation
or mounting of trophies;';
• (n) in clause (31), for sub-clause (b), the following sub-clause shall be substituted, namely:–
• "(b) antler, bone, carapace, shell-, horn, rhinoceros horn, hair, feather, nail, tooth, tusk, musk, eggs, nests and
honeycomb;";
• (o) for clause (36), the following clause shall be substituted, namely:–
• '(36) "wild animal" means any animal specified in Schedules I to IV and found wild in nature;';
• (p) for clause (37), the following clause shall be substituted, namely:–
• '(37) "wild life" includes any animal, aquatic or land vegetation which forms part of any habitat;';
• (q) in clause (39), for the words "but does not include a circus arid an establishment", the words "and includes a circus and
rescue centres but does not include an establishment" shall be substituted.
• Amendment of Section 3
• 4. In section 3 of the principal Act, –
• (i) in sub-section (1), clause (b) shall be omitted;
• (ii) for sub-section (3), the following sub-section shall be substituted, namely:–
• "(3) The officers and other employees appointed under this section shall be required to assist the
Director.".
• 5. In section 4 of the principal Act, in sub-section (1), for clause (bb), the following clause shall be substituted, namely:–
• "(bb) Honorary Wild Life Wardens;".
• Insertion of New Sections 5A to 5C
• 6. After section 5 of the principal Act, the following sections shall be inserted, namely:-
• Constitution of the National Board for Wild Life
• "5A. (1) The Central Government shall, within three months from the date of commencement of the Wild Life (Protection)
Amendment Act, 2002, constitute the National Board for Wild Life consisting of the following members, namely:-
• (a) the Prime Minister as Chairperson;
• (b) the Minister in-charge of Forests and Wild Life as Vice-Chairperson;
• (c) three members of Parliament of whom two shall be from the House of the People and one from the Council of States;
• (d) Member, Planning Commission in-charge of Forests and Wild Life;
• (e) five persons to represent non-governmental organisations to be nominated by the Central Government;
• (f) ten persons to be nominated by the Central Government from amongst eminent conservationists, ecologists and
environmentalists;
• (g) the Secretary to the Government of India in-charge of the Ministry or Department of the Central Government dealing
with Forests and Wild Life;
• (h) the Chief of the Army Staff,
• (i) the Secretary to the Government of India in-charge of the Ministry of Defence;
• (j) the Secretary to the Government of India in-charge of the Ministry of information and Broadcasting;
• (k) the Secretary to the Government of India in;-charge of the Department of Expenditure, Ministry of Finance;
• (l) the Secretary to the Government of India, Ministry of Tribal Welfare;
• (m) the Director-General of Forests in the Ministry or Department of the Central Government dealing with Forests and Wild
Life;
• (n) the Director-General of Tourism, Government of India;
• (o) the Director-General, Indian Council for Forestry Research and Education, Dehradun;
• (p) the Director, Wild Life Institute of India, Dehradun;
• (q) the Director, Zoological Survey of India;
• (r) the Director, Botanical Survey of India;
• (s) the Director, Indian Veterinary Research lnstitute;
• (t) the Member-Secretary, Central Zoo Authority;
• (u) the Director, National Institute of Oceanography;
• (v) one representative each from ten States and Union territories by rotation, to be nominated by the Central Government;
• (w) the Director of Wild Life preservation who shall be the Member-Secretary of the National Board.
• (2) The term of office of the members other than those who are members ex officio, the manner of filling vacancies referred
to in clauses (e), (1) and (v) of subsection (1), and the procedure to be followed in the discharge of their functions by the
members of the National. Board shall be such, as may be prescribed.
• (3) The members (except members ex officio) shall be entitled to receive such allowances in respect of expenses incurred in
the performance of their duties as may be prescribed.
• (4) Notwithstanding anything contained in any other law for the time being in force, the office of the member of the National
Board shall not be deemed to be an office of profit.
• Standing Committee of the National Board
• 5B. (1) The National Board may, in its discretion, constitute a Standing Committee for the purpose of exercising such powers
and performing such duties as may be delegated to the Committee by the National Board.
• (2) The Standing Committee shall consist of the Vice-Chairperson, the Member-Secretary, and not more than ten
members to be nominated by the Vice-Chairperson from amongst the members of the National Board.
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• (3) The National Board may constitute committees, sub-committees or study groups, as may be necessary, from
time to time in proper discharge of the functions assigned to it.
• Functions of the National Board
• 5C. (1) It shall be the duty of the National Board to promote the conservation and development of wild life and forests by
such measures as it thinks fit.:
• (2) Without prejudice to the generality of the foregoing provision, the measures referred to therein may provide for–
• (a) framing policies and advising the Central Government and the State Governments on the ways and means of promoting
wild life conservation and effectively controlling poaching and illegal trade of wild life and its products;
• (b) making recommendations on the setting up of and management of national parks, sanctuaries and other protected areas
and on matters relating to restriction of activities in those areas;
• (c) carrying out or causing to be carried but impact assessment of various projects and activities on wild life or its habitat;
• (d) reviewing from time to time, the progress in the field of wild life conservation in the country and suggesting measures
for improvement thereto; and
• (e) preparing and publishing a status report at least once in two years on wild life in the country.".
• Substitution of new section for section 6
• 7. For section 6 of the principal Act, the following section shall be substituted, namely:-
•
• Constitution of State Board for Wild Life
• "6. (1) The State Government shall, within a period of six months from the date of commencement of the Wild Life
(Protection) Amendment Act, 2002 constitute a State Board for Wild Life consisting of the following members, namely:–
• (a) the Chief Minister of the State and in case of the Union territory, either Chief Minister or Administrator, as the case may
be – Chairperson;
• (b) the Minister in-charge of Forests and Wild Life – Vice-Chairperson;
• (c) three members of the State Legislature or in the case of a Union territory with Legislature, two members of the
Legislative Assembly of that Union territory;
• (d) three persons to represent non-governmental organisations dealing with wild life to be nominated by the State
Government;
• (e) ten persons to be nominated by the. State Government from amongst eminent conservationists, ecologists and
environmentalists including at least two representatives of the Scheduled Tribes;
• (f) the Secretary to the State Government or the Government of the Union territory, as the case may be, in-charge of
Forests and Wild Life;
• (g) the Officer in-charge of the State Forest Department;
• (h) the Secretary to the State Government, Department of Tribal Welfare;
• (i) the Managing Director, State Tourism Development Corporation;
• (j) an officer of-the State Police Department not below the rank of Inspector General;
• (k) a representative of the Armed Forces not below the rank of a Brigadier to be nominated by the Central Government;
• (l) the Director, Department of Animal Husbandry of the State;
• (m) the Director, Department of Fisheries of the State;
• (n) an officer to be nominated by the Director, Wild We Preservation;
• (o) a representative of the Wild Life Institute of India, Dehradun;
• (p) a representative of the Botanical Survey of India;
• (q) a representative of the Zoological Survey of India;
• (r) the Chief Wild Life Warden, who shall be the Member-Secretary.
• (2) The term of office of the members other than those who are members ex officio and the manner of filling vacancies
referred to in clauses (d) and (e) of sub section (1) and procedure to be followed shall be such, as may be prescribed.
• (3) The member (except members ex officio shall be entitled to receive such allowances in respect of expenses incurred in
the performance of their duties as may be prescribed.".
• (i) for the words 'qhe Wild Life Advisory Board", the words "State Board for Wild Life" shall be substituted;
• (ii) for clause (a), the following clause shall be substituted, namely:–
• "(a) in the selection and management of areas to be declared as protected areas;".
• 9. In section 11 of the principal Act, in sub-section (1),–
• (i) in clause (a), the following provisos and Explanation thereunder shall be inserted, namely:–
• "Provided that no wild animal shall be ordered to be killed unless the Chief Wild Life Warden is satisfied that such animal
cannot be captured, tranquilised or translocated:
• Provided further that no such captured animal shall be kept in captivity unless the Chief Wild Life Warden is satisfied that
such animal cannot be rehabilitated in the wild and the reasons for the same are recorded in writing.
• Explanation–For the purposes of clause (a), the process or capture or translocation, as the case may be, of such animal shall
be made in such manner as to cause minimum trauma to the said animal.";
• (ii) in clause (b), for the words "such animal or cause such animal to be hunted", the words "such animal or group of
animals in a specified area or cause such animal or group of animals in that specified area to be hunted" shall be
substituted.
• Substitution of Heading of Chapter IV
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• 10. In Chapter IV of the principal Act, for the heading "SANCTUARIES, NATIONAL PARK AND CLOSED AREAS", the following
heading shall be substituted, namely:-
• "PROTECTED AREAS"
• Insertion of new sections 18A and 18B
• 11. After section 18 of the principal Act, the following sections shall be inserted, namely:–
• Protection to Sanctuaries
• "18A. (1) When the State Government declares its intention under sub-section of section 18 to constitute any area, not
comprised within any reserve forest or territorial waters under that sub-section, as a sanctuary, the-provisions of sections
27 to 33A (both inclusive) shall come into effect forthwith.
• (2) Till such time as the rights of affected persons are finally settled under sections 19 to 24 (both inclusive), the State
Government shall make alternative arrangements required for making available fuel, fodder and other forest produce to the
persons affected in terms of their rights as per the Government records.
• Appointment of Collector
• 18B. The State Government shall appoint, an officer to act as Collector under the Act, within ninety days of coming into
force of the Wild Life (Protection) Amendment Act, 2002, or within thirty days of the issue of notification under section 18, to
inquire into and determine the existence, nature and extent of rights of any person in or over the land comprised within the
limits of the sanctuary which may be notified under sub section (1) of section 18.".
• 12. In section 21 of the principal Act, after the words "the Collector shall", the words "within a period of sixty days," shall be
inserted.
• Insertion of New Section 25A
• 13. After section 25 of the principal Act, the following section shall be inserted, namely:-
• Time-limit for Completion Acquisition Proceedings
• "25A. (1)The Collector shall, as far as possible, complete the proceedings under sections 19 to 25 (both
inclusive), within a period of two years from the date of notification of declaration of sanctuary under section 18.
• (2) The notification shall not lapse if, for any reasons, the proceedings are- not completed within a period of two years.".
• 14. In section26A of the principal Act for sub-section (3), the following sub-section shall be substituted, namely:-
• "(3) No alteration of the boundaries of a sanctuary shall be made by the State Government except on a recommendation of
the National Board.".
• Substitution of New Section for Section 29
• 15. For section 29 of the principal Act, the following section shall be substituted, namely:–
• Destruction etc., in a Sanctuary Prohibited without a Permit
• "29. No person shall destroy, exploit or remove any wild life including forest produce from a sanctuary or destroy or damage
or divert the habitat of any wild animal by any act whatsoever or divert, stop or enhance the flow of water into or outside
the sanctuary, except under and in accordance with a permit granted by the Chief Wild Life Warden, and no such permit
shall be granted unless the State Government being satisfied in consultation with the Board that such removal of wild life
from the sanctuary or the change in the flow of water into or outside the sanctuary is necessary for the improvement and
better management of wild life therein, authorises the issue of such permit:
• Provided that where the forest produce is removed from a sanctuary the same may be used for meeting the personal
bonafide needs of the people living in and around the sanctuary and shall not be used for any commercial purpose.
• Explanation- For the purposes of this section, grazing or movement of livestock permitted under clause (d) of section 33
shall not be deemed to be an act prohibited under this section.".
• 16. In section 33 of the principal Act after clause (a), the following proviso shall be inserted, namely:–
• "Provided that no construction of commercial tourist lodges, hotels, zoos and safari parks shall be undertaken inside a
sanctuary except with the prior approval of the National Board;".
• Insertion of New Section 33B
• 17. After section 33A of the principal Act, the following section shall be inserted, namely:–
• "33B. (1) The State Government shall constitute an Advisory Committee consisting of the Chief Wild Life Warden or his
nominee not below the rank of Conservator of Forests as its head and shall include a member of the State Legislature within
whose constituency the sanctuary is situated, three representatives of Panchayati Raj Institutions, two representatives of
non-governmental organisations and three individuals active in the field of wild life conservation, one representative each
from departments dealing with Home and Veterinary matters. Honorary Wild Life Warden, if any, and the officer-in-charge of
the sanctuary as Member-Secretary.
• (2) The Committee shall render advice on measures to be taken for better conservation and management of the sanctuary
including participation of the people living within and around the sanctuary.
• (3) The Committee shall regulate its own procedure including quorum.".
• 18. After section 34 of the principal Act, the following section shall be inserted,
• namely-:–
• Power to remove Encroachment
• "34A., (1) Notwithstanding anything contained in any other law for the time being in force, any officer not below the rank of
an Assistant Conservator of Forests may,–
• (a) evict any person from a sanctuary or National Park, who unauthorisedly occupies Government land in contravention of
the provisions of this Act;
• (b) remove any unauthorised structures, buildings, or constructions erected on any Government land within any sanctuary
or National Park and all the things, tools and effects belonging to such person shall be confiscated, by an order of an officer
not below the rank of the Deputy Conservator of Forests:
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• Provided that no such order shall be passed unless the affected person is given an opportunity of being heard.
• (2) The provisions of this section shall apply notwithstanding any other penalty which may be inflicted for violation of any
other provision of this Act.".
• Amendment of section 35
• (i) for sub-sections (5) and (6), the following sub-sections shall be substituted, namely:–
• "(5) No alteration of the boundaries of a National Park by the State Government-shall be made except on a recommendation
of the National Board.
• (6) No person shall destroy, exploit or remove any Wild Life including forest produce from a National Park or destroy or
damage or divert the habitat of any wild animal by any act whatsoever or divert, stop or enhance the flow of water into or
outside the National Park, except under and in accordance with a permit granted by the Chief Wild Life Warden, and no such
permit shall be granted unless the State Government being satisfied in consultation with the National Board that such
removal of wild life from the National Park or the change in the flow of water into or outside the National Park is necessary
for the improvement and better management of wild life therein, authorises the issue of such permit:
•
• Provided that where the forest produce is removed from a National Park, the same may be used for meeting the personal
bona fide needs of the people living in and around the National Park and shall not be used for any commercial purpose.";
• (ii) after sub-section (8), the following Explanation shall be inserted, namely:–
• "Explanation.-For the purposes of this section, in case of an area, whether within a sanctuary or not, where the rights have
been extinguished and the land has become vested in the State Government under any Act or otherwise, such area may be
notified by it, by a notification, as a National Park and the proceedings under sections 19 to 26 (both inclusive) and the
provisions of sub-sections (3) and (4) of this section shall not apply.".
• Insertion of New Sections 36A to 36D
• 20. After section 36 of the principal Act, the following sections shall be inserted, namely:-
• Declaration and Management of a Conservation Reserve
• "36A. (1) The State Government may, after having consultations with the local communities, declare any area owned by the
Government, particularly the areas adjacent to National Parks and sanctuaries and those areas which link one protected area
with another, as a conservation reserve for protecting landscapes, seascapes, flora and fauna and their habitat:
• Provided that where the conservation reserve includes any land owned by the Central Government, its prior concurrence
shall be obtained before making such declaration.
• (2) The provisions of sub-section (2) of section 18, sub-sections (2), (3) and (4) of section 27, sections 30, 32 and clauses
(b) and (c) of section 33 shall, as far as may be, apply in relation to a conservation reserve as they apply in relation to a
sanctuary
• Conservation Reserve Management Committee
• 36B. (1) The State Government shall constitute a conservation reserve management committee to advise the Chief Wild Life
Warden to conserve, manage and maintain the conservation reserve.
•
• (2) The committee shall consist of a representative of the forest or Wild Life Department, who shall be the
Member-Secretary of the Committee, one representative of each Village Panchayat in whose jurisdiction the reserve is
located, three representatives of non-governmental organisations working in the field of wild life conservation and one
representative each from the Department of Agriculture and Animal Husbandry.
• (3) The Committee shall regulate its own procedure including the quorum.
• Declaration and Management of Community Reserve
• 36C. (1) The State Government may, where the community or an individual has volunteered to conserve wild life and its
habitat, declare any private or community land not comprised within a National Park, sanctuary or a conservation reserve,
as a community reserve, for protecting fauna, flora and traditional or cultural conservation values and practices.
• (2) The provisions of sub-section (2) of section 18, sub-sections (2), (3) and (4) of section 27, sections 30, 32 and clauses
(b) and (c) of section 33 shall, as far as may be, apply in relation to a community reserve as they apply in relation to a
sanctuary.
• (3) After the issue of notification under sub-section (1), no change in the land use pattern shall be made within the
community reserve, except in accordance with a resolution passed by the management, committee and approval of the
same by the State Government.
• Community Reserve Management Committee
• 36D. (1) The State Government shall constitute a Community Reserve management committee, which shall be the
authority responsible for conserving, maintaining and managing the community reserve.
• (2) The committee shall consist of five representatives nominated by the Village Panchayat or where such
Panchayat does not exist by the members of the Gram Sabha and one representative of the State Forests or Wild Life
Department under whose jurisdiction the community reserve is located.
• (3) The committee shall be the competent authority to prepare and implement the management plan for the community
reserve and to take steps to ensure the protection of wild life and its habitat in the reserve.
• (4) The committee shall elect a Chairman who shall also be the Honorary Wild Life Warden on the community reserve,
• (5) The committee shall regulate its own procedure including the quorum.".
• Omission of Section 37
• 21. Section 37 of the principal Act shall be omitted.
• Amendment of Section 38B
• 22. In section 38B of the principal Act, In sub-section (l) after the words "every
• member", the words "other than the Member-Secretary" shall be inserted.
• Amendment of Section 38H.
• 23. In section 38H of the principal Act, after sub-section (1), the following sub-section shall be inserted, namely:–
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• "(1A) On and after the commencement of the Wild Life (Protection) Amendment Act, 2002 a zoo shall not be established
without obtaining the prior approval of the Authority.".
• Substitution of New Section for Section 38-1.
• 24. For section 38-1 of the principal Act, the following section shall be substituted, namely:–
• Acquisition of Animals by a Zoo
• "38-1. (1) Subject to the other provisions of this Act, no zoo shall acquire, sell or transfer any wild animal or captive animal
specified in Schedules I and 11 except with the previous permission of the Authority.
• (2) No zoo shall acquire, sell or transfer any wild or captive animal except from or to a recognised zoo.".
• 25. In section 40 of principal Act,–
• (i) in sub-section (1), for the words "or any uncured trophy", the words "or animal article, trophy or uncured trophy" shall be
substituted;
• (ii) after sub-section (2), the following sub-sections shall be inserted, namely:–
• "(2A) No person other than a person having a' certificate of ownership, shall, after the commencement of the Wild Life
(Protection) Amendment Act, 2002 acquire, receive, keep in his control, custody or possession any captive animal, animal
article, trophy or uncured trophy specified in Schedule I or Part II of Schedule II, except by way of inheritance.
• (2B) Every person inheriting any captive animal, animal article, trophy or uncured trophy under sub-section (2A) shall,
within ninety days of such inheritance make a declaration to the Chief Wild Life Warden or the authorised officer and the
provisions of sections 41 and 42 shall apply as if the declaration had been made under sub-section (1) of section 40:
• Provided that nothing in sub-sections (2A) and (2B) shall apply to the live elephant.".
• (iii) in sub-section (4), for the words "any animal article", the words "any animal or animal article" shall be substituted.
• 26. After section 40 of the principal Act, the following section shall be inserted, namely:–
• Immunity in Certain Cases
• "40A. (1) Notwithstanding anything contained in sub-sections (2) and (4) of section 40 of this Act, the Central Government
may, by notification, require any person to declare to the Chief Wild Life Warden or the authorised officer, any captive
animal, animal article, trophy or uncured trophy derived from animal, specified in Schedule I or Part 11 of Schedule 11 in his
control, custody or possession, in respect of which no declaration had been made under sub-section (1) or sub-section (4) of
section 40, in such form, in such manner and within such time as may be prescribed.
• (2) Any action taken or purported to be taken for violation of section 40 of this Act at any time before the commencement of
the Wild Life (Protection) Amendment Act, 2002 shall not be proceeded with and all pending proceedings shall stand abated.
• (3) Any captive animal, animal article, trophy or uncured trophy declared under sub-section (1), shall be dealt with
in such manner and subject to such conditions as may be prescribed.".
• 27. In section 42 of the principal Act, the following proviso shall be added, namely:-
• "Provided that before issuing the certificate of ownership in respect of any captive animal, the Chief Wild Life
Warden shall ensure that the applicant has adequate facilities for housing, maintenance and upkeep of the animal.".
• 28. For section 43 of the principal Act, the following section shall be substituted, namely-.-
• Regulation of Transfer of Animal, etc.
• "43. (1) No person having in his possession captive animal, animal article, trophy or uncured trophy in respect of
which he has a certificate of ownership shall transfer by way of sale or offer for sale or by any other mode of consideration
of commercial nature, such animal or article or trophy or uncured trophy.
• (2) Where a person transfers or transports from the State in which he resides to another State or acquires by transfer from
outside the State, any such animal, animal article, trophy or uncured trophy in respect of which he has a certificate of
ownership, he shall, within thirty days of the transfer or transport, report the transfer or transport to the Chief Wild Life
Warden or the authorised officer within whose jurisdiction the transfer or transport is effected.
• (3) Nothing in this section shall apply–
• (a) to tail feather of peacock and the animal article or trophies made therefrom;
• (b) to transfer of captive animals between recognised zoos subject to the provisions of section 38-1, and transfer amongst
zoos and public museums.".
• 29. In section 50 of the principal Act.
• (i) in sub-section (3A), for the words "Wild Life Warden," the words "an of section 50. Assistant Conservator of Forests" shall
be substituted;
• (ii) in sub-section (4) the words "under intimation to the Chief Wild Life Warden or the-officer authorised by him in this
regard" shall be inserted at the end;
• (iii) for sub-section (6), the following sub-section shall be substituted, namely:–
• "(6) Where any meat, uncured trophy, specified plant or part or derivative thereof is seized under the provisions of this
section, the Assistant Director of Wild Life Preservation or any other officer of a gazetted rank authorised by him in this
behalf or the Chief Wild Life Warden or the authorised officer may arrange for the disposal of the same in such manner as
may be prescribed.";
• (iv) in sub-section (8), for the words "Wild Life Warden", the words "an officer not below the rank of Assistant Conservator
of Forests authorised by the State Government in this behalf- shall be substituted.
• (i) in sub-section (1), for the first and second provisos, the following provisos shall be substituted, namely:–
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• "Provided that where the offence committed is in relation to any animal specified in Schedule I or Part II of Schedule II or
meat of any such animal or animal article, trophy or uncured trophy diri4ed from such animal or where the offence relates to
hunting in a sanctuary or a National Park or altering the boundaries of a sanctuary or a National Park, such offence shall be
punishable with imprisonment for a term which shall not be less than three years but may extend to seven years and also
with fine which shall not be less than ten thousand rupees:
• Provided further that in the case of a second or subsequent offence of the nature mentioned in this sub-section, the term of
the imprisonment shall not be less than three years but may extend to seven years and also with fine which shall not be less
than twenty-five thousand rupees.";
• (ii) in sub-section (1A), for the words "one year ", the words "three years" and for the words "five thousand rupees", the
words "ten thousand rupees" shall be substituted.
• 31. After section 51 of the principal Act, the following section shall be inserted, new section namely:–
• Certain Condition to Apply while Granting Bail
• 2 of 1974
• "51A. When any person accused of, the commission of any offence relating to Schedule I or Part II of Schedule If or offences
relating to hunting inside the boundaries of National Park or wild life sanctuary or altering the boundaries of such parks and
sanctuaries, is arrested under the provisions of the Act, then notwithstanding anything contained in the Code of Criminal
Procedure, 1973 no such person who had been previously convicted of an offence under this Act shall, be released on bail
unless–
• (a) the Public Prosecutor has been given an opportunity of opposing the release on bail, and
•
• (b) where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for
believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.".
• 32. For section 54 of the principal Act, the following section shall be substituted, namely:–
• Power of Compound Offences
• "54, (1) The Central Government may, by notification, empower the Director of Wild Life Preservation or any other officer
not below the rank of Assistant Director of Wild Life Preservation and in the case of a State Government in the similar
manner, empower the Chief Wild Life Warden or any officer of a rank not below the rank of a Deputy Conservator of Forests,
to accept from any person against whom a reasonable suspicion exists that he has committed an offence against this Act,
payment of a sum of money by way of composition of the offence which such person is suspected to have committed.
• (2) On payment of such sum of money to such officer, the suspected person, if in custody, shall be discharged and no
further proceedings in respect of the offence shall be taken against such person.
• (3) The officer compounding any offence may order the cancellation of any licence or permit granted under this Act to the
offender, or if not empowered to do so, may approach an officer so empowered, for the cancellation of such licence or
permit.
• (4) The sum of money accepted or agreed to be accepted as composition under sub-section (1) shall, in no case, exceed the
sum of twenty-five thousand rupees:
• Provided that no offence, for which a minimum period of imprisonment has been prescribed in section 51, shall be
compounded." .
• (i) after clause (a), the following clause shall be inserted, namely:–
• "(aa) the Member-Secretary, Central Zoo Authority in matters relating to violation of the provisions of Chapter IVA; or";
• (ii) in clause (b), after the words "State Government", the words "subject to such conditions as may be specified by that
Government" shall be inserted;
• (iii) after clause (b), the following clause shall be inserted, namely:-
• "(bb) the officer- in-charge of the zoo in respect of violation of provisions of section 38J; or".
• Insertion of New Chapter VI A
• 34. After Chapter VI of the principal Act, the following Chapter shall be inserted, namely:–
• CHAPTER VI A
• FORFEITURE OF PROPERTY DERIVED FROM ILLEGAL HUNTING AND TRADE
• Application
• 58A. The provisions of this Chapter shall apply only to the following persons, namely:–
• (a) every person who has been convicted of an offence punishable under this Act with imprisonment for a term of three
years or more;
• (b) every associate of a person referred to in clause (a);
• (c) any holder (hereafter in this clause referred to as the present holder) of any property which was at any time previously
held by a person referred to in clause (a) or clause (b) unless the present holder or, as the case may be, any one who held
such property after such person and before the present holder, is or was a transferee in good faith for adequate
consideration.
• Definition
• 58B. In this Chapter, unless the context otherwise requires,–
• (a) "Appellate Tribunal" means the Appellate Tribunal for Forfeited Property constituted under section 58N;
• (b) "associate" in relation to a person whose property is liable to be forfeited under this Chapter, includes–
• (i) any individual who had been or is managing the affairs or keeping the accounts of such person;
• 1 of 1956
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• (ii) any association of persons, body of individuals, partnership firm or private company within the meaning of the
Companies Act 1956 of which such person had been or is a member, partner or director;
• (iii) any individual who had been or is a member, partner or director of an association of persons, body of individuals,
partnership firm or private company referred to in sub-clause (ii) at any time when such person had been or is a member,
partner or director of such association, body, partnership firm or private company;
• (iv) any person, who had been or is managing the affairs, or keeping the accounts of any association of persons, body of
individuals, partnership firm or private company referred to in sub-clause (iii);
• (v) the trustee of any trust, where–
• (1) the trust has been created by such person; or
• (2) the value of the assets contributed by such person (including the value of the assets, if any,
contributed by him earlier) to the trust amounts on the date on which contribution is made, to not less than twenty per cent
of the value of the assets of the trust on that date;
• (vi) where the competent authority, for reasons to be recorded in writing, considers that any properties of such person are
held on his behalf by any other person, such other person;
• (c) "competent authority" means an officer authorised under section 58D;
• (d) "concealment" means the concealment or disguise of the nature, source disposition, movement or ownership of property
and includes the movement or conversion of such property by electronic transmission or by any other means;
• (e) "freezing" means temporarily prohibiting the transfer, conversion, disposition or movement of property by an, order
issued under section 58F;
• (f) "identifying' includes establishment of proof that the property was derived from, or used in, the illegal hunting and trade
of wild life and its products;
• (g) "illegally acquired property" in relation to any person to whom this Chapter applies, means–
• (i) any property acquired by such person, wholly or partly out of or by means of any income earnings or assets derived or
obtained from or attributable to illegal hunting and trade of wild life and its products and derivatives;
• (ii) any property acquired by such person, for a consideration or by any means, wholly or partly traceable to any property
referred to in sub-clause (i) or the income or earning from such property,
• and includes–
• (A) any property held by such person which would have been, in relation to any previous holder thereof, illegally acquired
property under this clause if such previous holder had not ceased to hold it, unless such person or any other person who
held the property at any time after such previous holder or, where there are two or more such previous holders, the last of
such previous holders is or was a transferee in good faith for adequate consideration;
• (B) any property acquired by such person, for a consideration, or by any means, wholly or partly traceable to any property
failing under item (A), or the income or earnings therefrom;
• (h) "property' means property and assets of every description, whether corporeal or incorporeal, movable or immovable,
tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assets, derived from the
illegal hunting and trade of wild life and its products;
• (i) "relative" means–
• (1) spouse of the person;
• (2) brother or sister of the person;
• (3) brother or sister of the spouse of the person;
• (4) any lineal ascendant or descendant of the person,
• (5) any lineal ascendant or descendant of the spouse of the person;
• (6) spouse of a person referred to in sub–clause (2), sub-clause (3), sub-clause (4) or sub-clause (5);
• (7) any lineal descendant of a person referred to in sub-clause (2) or sub-clause (3);
• (j) "tracing" means determining the nature, source, disposition, movement, title or ownership of property;
• (k) "trust" includes any other legal obligation.
• Prohibition of Holding Illegally Acquired Property
• 58C. (1) From the date of commencement of this Chapter, it shall not be lawful for any person to whom this
Chapter applies to hold any illegally acquired property either by himself or through any other person on his behalf.
• (2) Where any person holds such property in contravention of the provisions of sub-section (1), such property shall
be liable to be forfeited to the State Government concerned in accordance with the provisions of this Chapter:
• Provided that no property shall be forfeited under this Chapter if such property was acquired by a person to whom this Act
applies before a period of six years from the date on which he was charged for-an offence relating to illegal hunting and
trade of wild life and its products.
• Competent Authority
• 58D. The State Government may, by order published in the Official Gazette, authorise any officer not below the rank of Chief
Conservator of Forests to perform the functions of the competent authority under this Chapter in respect of such persons or
classes of persons as the State Government may, direct.
• Identifying Illegally Acquired Property
• 58E. (1) An officer not below the rank of Deputy Inspector General of Police duly authorised by the Central Government or
as the case may be, the State Government, shall, on receipt of a complaint from the competent authority about any person
having illegally acquired property, proceed to take all steps necessary for tracing and identifying any property illegally
acquired by such person.
• (2) The steps referred to in sub-section (1) may include any inquiry, investigation or survey in respect of any person, place,
property, assets, documents, books of account in any bank or financial institution or any other relevant step as may be
necessary.
• (3) Any inquiry, investigation or survey referred to in sub-section (2) shall be carried out by an officer mentioned in
sub-section (1) in accordance with which directions or guidelines as the competent authority may make or issue in this
behalf.
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• Seizure or Freezing of Illegally Acquired Property
• 58F. (1) Where any officer conducting an inquiry or investigation under section 58E has mason to believe that any property
in relation to which such inquiry or investigation is being conducted is an illegally acquired property and such property is
likely to be concealed, transferred or dealt with in any manner which may result in frustrating any proceeding relating to
forfeiture of such property under this Chapter, he may make an order for seizing such property arid where it is not
practicable to seize such property, he may make an order that such property shall not be transferred or otherwise dealt
with, except with the prior permission of the officer making such order, or of the competent authority arid a copy of such
order shall be served on the person concerned:
• Provided that a copy of such an order shall be sent to the competent authority within forty-eight hours of its being made.
• (2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the
competent authority within a period of thirty days of its being made.
• Explanation.- For the purposes of this section, "transfer of property" means any disposition, conveyance, assignment,
settlement, delivery, payment or other alienation of property and, without limiting the generality of the foregoing, includes–
• (a) the creation of a trust in property;
• (b) the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in property;
• (c) the exercise of a power of appointment, of property vested in any person not the owner of the property, to determine its
disposition in favour of any person other than the donee of the power; and
• (d) any transaction entered into by any person with intent thereby to diminish directly or indirectly the value of his own
property and to increase the value of the property of any other person.
• Management of Properties Seized or Forfeited under this Chapter
• 58G. (1) The State Government may, by order published in the Official Gazette, appoint as many of its officers (not below
the rank of Conservator of Forests) as it thinks fit, to perform the functions of an Administrator.
• (2) The Administrator appointed under sub-section (1) shall receive and manage the property in relation to which an order
has been made under sub-section (1) of section 58F or under section 58-1 in such manner and subject to such conditions as
may be prescribed.
• (3) The Administrator shall also take such measures as the State Government may direct, to dispose of the
property which is forfeited to the State Government.
• Notice of Forfeiture of Property
• 58H. (1) If having regard to the value of the properties held by any person to whom this Chapter applies, either by himself
or through any, other person on his behalf, his known sources of income, earnings or assets, and any other information or
material available to it as a result of a report from any officer making an investigation under section 58E or
otherwise, the competent authority for reasons to be recorded in writing believes that all or any of such properties are
illegally acquired properties, it may serve a notice upon such person (hereinafter referred to as the person affected) calling
upon him within a period of thirty days specified in the notice to show cause why all or any of such properties, as the case
may be, should not be declared to be illegally acquired properties and forfeited to the State Government under this, Chapter
and in support of his case indicate the sources of his income, earnings or assets, out of which or by means of which he has
acquired such property, the evidence on which he relies and other relevant information and particulars.
• (2) Where a notice under sub-section (1) to any person specifies any property as being held on behalf of such person by any
other person, a copy of the notice shall also be served upon such other person.
• Forfeiture of Property in Certain Cases
• 58-I (1) The competent authority may, after considering the explanation, if any, to the show cause notice Issued under
section 58H, and the materials available before it and after giving to the person affected and in a case where the person
affected holds any property specified in the notice through any other person, to such other person, also a reasonable
opportunity of being heard, by order, record a finding whether al I or any of the properties in question are illegally acquired
properties:
• Provided that if the person affected (and in a case where the person affected holds any property specified in the notice
through any other person, such other person also), does not appear before the competent authority or represent his case
before it within a period of thirty days specified in the show cause notice, the competent authority may proceed to record a
finding under this sub-section ex parte on the basis of evidence available before it.
• (2) Where the competent authority is satisfied that some of the properties referred to in the show cause notice are illegally
acquired properties but is not able to identify specifically such properties, then, it shall be lawful for the competent authority
to specify the properties which, to the best of its judgment, are illegally acquired properties and record a finding accordingly
under sub-section (1) within a period of ninety days.
• (3) Where the competent authority records a finding under this section to the effect that any property is illegally acquired
property, it shall declare that such property shall, subject to the provisions of this Chapter stand forfeited to the State
Government free from all encumbrances.
• (4) In case the person affected establishes that the property specified in the notice issued under section 58H is not an
illegally acquired property and therefore not liable to be forfeited under the Act, the said notice shall be withdrawn and the
property shall be released forthwith.
• (5) Where any shares in a company stand forfeited to the State Government under this, Chapter, the company shall,
notwithstanding anything contained in the Companies Act, 1956 or the article of association of the company, forthwith
register the State Government as the transferee of such shares.
• Burden of Proof
• 58J. In any proceedings under this Chapter, the burden of proving that any property specified in the notice served under
section 59H is not illegally acquired property shall be on the person affected.
• File in Lieu of Forfeiture
• 58K. (1) Where the competent authority makes, a declaration that any property stands forfeited to the State
Government under section 58-1 and it is a case where the source of only a part of the illegally acquired property has not
been proved to the satisfaction of the competent authority, it shall make an order giving option to the person affected to
pay, in lieu of forfeiture, a fine equal to the market value of such part.
• (2) Before making an order imposing a fine under sub-section (1), the person affected shall be given a reasonable
opportunity of being heard.
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• (3) Where the person affected pays the fine due under sub-section (1), within such time as may be allowed in that behalf,
the competent authority may, by order revoke the declaration of forfeiture under section 58-1 and thereupon such property
shall stand released.
• Procedure in relation to certain Trust Properties
• 58L. In the case of any person referred to in sub-clause (vi) of clause (b) of section 58B, if the competent authority, on the
basis of the information and materials available to it, for reasons to be recorded in writing believes that any property held in
trust is illegally acquired property, it may serve a notice upon the author of the trust, or as the case may be, the contributor
of the assets out of or by means of which such property was acquired by the trust and the trustees, calling upon them within
a period of thirty days specified in the notice, to explain the source of money or other asset out of or by means of which
such property was acquired or, as the case may be, the source of money or other assets which were contributed to the trust
for acquiring such property and thereupon such notice shall be deemed to be a notice served under section 58H and all the
other provisions of this Chapter shall apply accordingly.
• Explanation.–For the purposes of this section "illegally acquired property" in relation to any property held in trust, includes–
• (i) any property which if it had continued to be held by the author of the trust or the contributor of such property to the trust
would have been illegally acquired property in relation to such author or contributor;
• (ii) any property acquired by the trust out of any contributions made by any person which would have been illegally acquired
property in relation to such person had such person acquired-such property out of su6 contributions.
• Certain Transfers to be Null and Void
• 58M. Where after the making of an order under sub-section (1) of section 58F or the issue of a notice under
section 58k or under section 58L, any property referred to in the said order or notice is transferred by any mode
whatsoever, such transfer shall, for the purposes of the proceedings under this Chapter, be ignored and if such property is
subsequently forfeited to the State Government under section 584, then, the transfer of such property shall be deemed to
be null and void.
• Constitution of Appellate Tribunal
• 58N. (1) The State Government may, by notification in the Official Gazette, constitute an Appellate Tribunal to be
called the Appellate Tribunal for Forfeited Property consisting of a Chairman, and such number of other members (being
officers of the State Government not below the rank of a Principal Secretary to the Government), as the State Government
thinks fit, to be appointed by that Government for hearing appeals against the orders made under section 58F, section 58-I,
sub-section (i) of section 58K or section 58L.
• (2) The Chairman of the Appellate Tribunal shall be a person who is or has been or is qualified to be a Judge of a High Court.
• (3) The terms and conditions of service of the Chairman and other members shall be such as may be prescribed.
• Appeals
• 58-O. (1) Any person aggrieved by an order of the competent authority made under section 58F, section 58-1, sub-section
(1) of section 58K or section 58L may, within forty-five days from the date on which the order is served on him prefer an
appeal to the Appellate Tribunal:
• Provided that the Appellate Tribunal may entertain an appeal after the said period of forty-five days, but not after
sixty days, from the date aforesaid if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal
in time.
• (2) On receipt of an appeal under sub-section (1), the Appellate Tribunal may, after giving an opportunity of being heard to
the appellant, if he so desires, and after making such further inquiry as it deems fit, confirm, modify or set aside the order
appealed against.
• (3) The Appellate Tribunal may regulate its own procedure.
• (4) On application to the Appellate Tribunal and on payment of the prescribed fee, the Appellate Tribunal may allow
a party to any appeal or any person authorised in this behalf by such party to inspect at any time during office hours, any
relevant records and registers of the Appellate Tribunal and obtain a certified copy or any part thereof.
• Notice or Order not to be invalid for Error in Description
• 58P. No notice issued or served, no declaration made, and no order passed under this Chapter shall be deemed to be invalid
by reason of any error in the description of the property or person mentioned therein if such property or person is
identifiable from the description so mentioned.
• Bar of Jurisdiction
• 58Q. No order passed or declaration made under this Chapter shall be appealable except as provided therein and no civil
court shall have jurisdiction in respect of any matter which the Appellate Tribunal or any competent authority is empowered
by or under this Chapter to determine, and no injunction shall be granted by any court or other authority in respect of any
action taken or to be taken in pursuance of any power conferred by or under this Chapter.
• Competent Authority and Appellate Tribunal to have Powers of Civil Court
• 58R. The competent authority and the Appellate Tribunal shall have all the powers of a civil court while trying a suit under
the Code of Civil Procedure, 1908 in respect of the following matters, namely:–
• (a) summoning and enforcing the attendance of any person and examining him on oath;
• (b) requiring the discovery and production of documents;
• (c) receiving evidence on affidavits;
• (d) requisitioning any public record or copy thereof from any court or office;
• (e) issuing commissions for examination of witnesses or documents;
• (f) any other matter which may be prescribed
• Information to Competent Authority
• 58S. (1) Notwithstanding anything contained in any other law for the time being in force, the competent authority shall have
power to require any officer or authority of the Central Government or a State Government or a local authority to furnish
information in relation to such persons, on points or matters as in the opinion of the competent authority will be useful for,
or relevant to, the purposes of this Chapter.
• (2) Every officer referred to in section 58T may furnish suo motu any information available with him to the competent
authority if in the opinion of the officer such information will be useful to the competent authority for the purposes of this
Chapter.
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• Certain Officers to Assist Administrator, Competent Authority and Appellate Tribunal
• 58T. For the purposes of any proceedings under this Chapter, the following officers shall render such assistance as may be
necessary to the Administrator appointed under section 58G, competent authority and the Appellate Tribunal, namely:–
• (a) officers of Police;
• (b) officers of the State Forest Departments;
• (c) officers of the Central Economic Intelligence Bureau;
• (d) officers of the Directorate of Revenue Intelligence;
• (e) such other officers as specified by the State Government in this behalf by notification in the Official Gazette.
• Power to Take Possession
• 58U. (1) Where any property has been declared to be forfeited to the State Power to take Government under this Chapter,
or where the person affected has failed to pay the fine due under sub-section (1) of section 58K within the time allowed
therefor under subsection (3) of that section, the competent authority may order the person affected as well as any other
person who may be in possession of the property to surrender or deliver possession thereof to the Administrator appointed
under section 58G or to any person duly authorised by him in this behalf within thirty days of the service of the order.
• (2) If any person refuses or fails to comply with an order made under sub-section (1), the Administrator may take
possession of the property and may for that purpose use such force as may be necessary.
• (3) Notwithstanding anything contained in sub-section (2), the Administrator may, for the purpose of taking possession of
any property referred to in sub-section (1) requisition the services of any police officer to assist him and it shall be the duty
of such officer to comply with such requisition.
• Rectification of Mistakes
• 58V. With a view to rectifying any mistake apparent from record, the competent authority or the Appellate Tribunal, as the
case maybe, may amend any order made by it within a period of one year from the date of the order:
• Provided that if any such amendment is likely to affect any person prejudicially and the mistake is not of a clerical nature, it
shall not be made without giving to such person a reasonable opportunity of being heard.
• Findings under other Laws not Conclusive for Proceedings under this Chapter
• 58W. No finding of any officer or, authority under any other law shall be conclusive for the purposes of any
proceedings under this Chapter.
• Service of Notices and Orders
• 58X. Any notice or order issued or made under this Chapter shall be served,–
• (a) by tendering the notice or order or sending it by registered post to the person for whom it is intended or to his agent;
• (b) if the notice or order cannot be served in the manner provided in clause (a), then, by affixing it on a conspicuous place
in the property in relation to which the notice or order is issued or made or on some conspicuous part of the premises in
which the person for whom it is intended is known to have last resided or carried on business or personally worked for gain.
• Punishment for Acquiring Property in relation to which Proceedings have been taken under this Chapter
• 58Y. Any person who knowingly acquires, by any mode whatsoever, any property in relation to which proceedings are
pending under this Chapter shall be punishable with imprisonment for a term Which may extend to five years and with fine
which may extend to fifty thousand rupees.'.
• Amendment of Section 60A
• 35. In section 60A of the principal Act,–
• (i) in sub-section (1), for the words "twenty per cent of such fine", the words "fifty per cent. of such fine" shall be
substituted;
• (ii) in sub-section (2), for the words "twenty per cent of such money", the words "fifty per cent of such money" shall be
substituted.
• Insertion of New Section 60B
• 36. After section 60A of the principal Act, the following section shall be inserted, namely:–
• Reward by State Government
• "60B.The State Government may empower the Chief Wild Life Warden to order payment of reward not exceeding ten
thousand rupees to be paid to a person who renders assistance in the detection of the offence or the apprehension of the
offender, from such fund and in such manner as may, be prescribed.".
• 37. In section 63 of the principal Act, in sub-section (1), the following clause shall be inserted, namely:–
• "(ai) the term of office of members other than those who are members ex officio; the manner of filling vacancies, the
procedure to be followed by the National Board under sub-section (2) and allowances of those members under sub-section,
(3) of section 5A;".
• 38. In section 64 of the principal Act, in sub-section (2),–
• (i) for clauses (a) and (b), the following clauses shall be substituted, namely:–
• "(a) the term of office of members other than those who are members, ex officio, the manner of filling vacancies and the
procedure to be followed by the Board under sub-section (2) of section 6;
• (b) allowances referred to in sub-section (3) of section 6;";
• (ii) after clause (d), the following clause shall be inserted, namely:–
• "(dd) the conditions subject to which the officers will be authorised to file cases in the court;";
• "(iii) after clause (g), the following clauses shall be inserted, namely:–
• "(ga) the manner and conditions subject to which the Administrator shall receive and manage the property under
sub-section (2) of section 58G;
• (gb) the terms and conditions of service of the Chairman and other members under sub-section (3) of section 58N;
• (gc) the fund from which and the manner in which payment of reward under section 60B shall be made;".
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THE NATIONAL BOARD FOR WILD LIFE RULES, 2003
NOTIFICATION
S.O.1092 (E) – In exercise of the powers conferred by sub-section (2) and (3) of section 5A read with section 63 of the Wild Life
Short title and commencement –
– These rules may be called the National Board for Wild Life Rules, 2003
– They shall come into force on the date of their publication in the Official Gazette.
Definitions –
• In these rules, unless the context otherwise requires:-
• “Act” means the Wild Life (Protection) Act, 1972 (53 of 1972);
• “National Board” means the National Board for Wild Life constituted under section 5A of the Act;
• “Chairperson” means the Chairperson of the National Board;
• All other words and expressions used in these rules shall have the meanings respectively assigned to
them in the Act.
National Board for Wild Life -
– The National Board shall be constituted in accordance with the provisions contained in sub-section (1) of section 5A
of the Act.
– The term of office of the members other than those who are members ex-officio shall be for a period of three
years.
– The Member of Parliament nominated to the National Board shall cease to be the Member of the National Board on
his having ceased to the Member of the Parliament.
– The vacancies referred to in clauses (e), (f) and (v) of sub-section (1) of section 5A of the Act shall be filled by
nomination by the Central Government with the approval of chairperson.
Meetings -
– The National Board shall ordinarily meet once in a year at a place to be decided with the approval of the
Chairperson.
– The Member-Secretary shall prepare agenda items for the meetings, obtain approval of the Chairperson and
circulate it to all members at least fifteen days prior to the date of such meeting.
– The Member-Secretary shall prepare the minutes of the meeting and circulate it to all members within thirty days
of the meeting after obtaining approval of the Chairperson.
– The Member-Secretary shall also initiate follow up action on the decisions of the National Board.
Removal from the National Board -
The Central Government may, with the prior approval of the chairperson, remove any member of the National Board appointed
under clause (e), (f) and (v) of sub-section (1) of section 5A of the Act, if-
• he is of unsound mind and stands to declared by a competent court; or
• he is an undischarged insolvent, or
• he is convicted of any offence including moral turpitude; or
• his conduct is found to be unbecoming of a member.
Disclosure of interest by members -
• The Chairperson or in his absence the Vice Chairperson shall preside at every meeting of the National Board.
• In the absence of both the Chairperson and the Vice-Chairperson, such other member present as is decided by the National
Board shall preside over the meeting.
Quorum –
• The quorum necessary for the transaction of business at a meeting of the National Board shall be one-half of the total
number of members.
• If at any time there is no quorum, the Chairperson or the person presiding over a meeting shall adjourn the meeting until
there is a quorum.
The chairperson of the National Board may invite any person or persons having experience in the wild life conservation to attend
any meeting of the National Board.
The record of business transaction at every meeting of the National Board shall be prepared by the Member-Secretary for
approval by the Chairperson or the Member presiding at such meeting
When any business is transacted by circulation of papers, the Member-Secretary shall prepare a record of the business so
transacted for approval by the Chairperson of the National Board permitting the circulation.
• The record of business transacted at every meeting of the National Board shall be approved and signed by the Chairperson
or the Vice-Chairperson or the member presiding at such meeting, and the approved record of business shall be circulated to
all the members.
• All records shall be maintained by the Member-Secretary of items of business transacted by the National Board or the
committees, sub-committees or sub-groups thereof.
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Appointment of Committees -
• The National Board may, constitute a Standing Committee and such other committees or study groups, as may be
necessary, in accordance with the provisions contained in section 5B of the Act.
• The National Board shall determine the terms of reference, tenure, membership and other related aspects as may be
necessary in rspect of the committees constituted under sub-rule (1) of this rule.
• A member of the National Board or any committee other than member ex-officio, shall be entitled to receive, in respect of
any journey performed by him for the purpose of attending a meeting of the National Board or of a duly constituted
committee thereof or for the purpose of discharging any duty assigned to him by the National Board or the committee
concerned, traveling allowances and daily allowances at the rates as are admissible to the Group ‘A’ officers of the central
Government for the time being in force.
• No traveling allowance or daily allowance shall be allowed to a member of the National Board or of any committee unless he
certifies that he has not drawn any traveling or daily allowance from any other source in respect of the journey and halt for
which the claim is made.
• The traveling allowance shall be payable from the usual place of residence of a member of the National Board or any of the
committee to the place of the meeting or the place where he has gone to attend to any business of the National Board and
back to his place of residence.
• In special circumstances, the chairperson may grant traveling allowance from the places other than usual place of residence
of a member.
Interpretation of rules -
• Where any doubt arises as to the interpretation of these rules, interpretation shall be referred to the Central Government for
its decision.
[F.No 1-1/2003 WL –I]
S.O. 445 (E) – In exercise of the powers conferred by sub-sections (1) and (3) of section 40A read with section 63 of the Wild Life
(Protection) Act, 1972 (53 of 1972), the Central Government hereby makes the following rules, namely:
• 1. Short title and commencement –
• These rules may be called the declaration of Wild Life Stock Rules, 2003.
• They shall come into force on the date of their publication in the Official Gazette.
• 2. Definitions:
• In these rules, unless the context otherwise requires, -
• “Act” means the Wildlife (Protection) Act, 1972 (52 of 1972);
• “form” means the form annexed to these rules;
• all other words and expressions used in these rules shall have the meanings respectively assigned to them in the Act.
• 3. Publicity of intent of notification and Assistance in making application:-
• (1) The Chief Wildlife Warden or the officer authorized by the State Government in this regard shall cause to give wide
publicity to the intent of this notification in the regional language through electronic or print media or such other means.
•
• (2) The Chief Wildlife Warden or the officer authorized by the State Government in this regard shall take necessary
action to assist the local communities and individuals especially the poor and illiterate in the declaration of their possession,
filling up the specified form and any other matter connected therewith and shall make every attempt to ensure that no
individual or community associated with animals is deprived of this opportunity.
• 4. Procedure for filing applications –
• (1) An application to the Chief Wildlife Warden or the officer authorized by the State Government in this regard shall
be presented in the Form annexed to these rules by the applicant either in person or by an agent or by duly authorized legal
practitioner or sent by registered post addressed to the Chief Wild Life Warden or the officer authorized by the Sate
Government in this regard of the concerned State or the Union territory.
• (2) The application under sub rule (1) shall be presented in four complete sets within a period of one hundred and
eighty day from the date of publication of these rules.
• (3) The applicant may attach to and present with his application an acknowledgement slip as is given in the form which
shall be signed by the official receiving the application on behalf of the Chief Wild Life Warden or the officer authorized by
the State Government in this regard in acknowledgement of the receipt of the application.
• Presentation and scrutiny of applications :-
• (1) The Chief Wildlife Warden or the officer authorized by the State Government in this regard shall endorse on every
application the date on which it is presented or deemed to have been presented under that rule and shall sign the
endorsement.
• (2) If on scrutiny, the application is found to be in order, it shall be duly registered and give serial number.
• (3) If the application, on scrutiny, is found to be defective, the same shall be returned to the applicant within fifteen
days for rectifying the defects and resubmitting the corrected application within fifteen days from the date of its receipt.
• If the applicant fails to rectify the defect within the time allowed under sub-rule (3), the Chief Wild Life Warden or the officer
authorized by the State Government in this regard may, by order and for the reasons to be recorded in writing, decline to
register the application.
• Place of filing application :-
• The applicant shall file application with the Chief Wild Life Warden or the officer authorized by the State
Government in this regard.
• Hearing on application ex-parte –
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• Where on the date fixed for hearing the application, the applicant fails to appear without intimation, the Chief Wild
Life Warden or the officer authorized by the State Government in this regard may at their discretion adjourn or decide the
application ex-parte.
• Inquiry by the Chief Wild Life Warden or Authorized Officer –
• (1) The Chief Wild Life Warden or the officer authorized by the State Government in this regard shall conduct a
detailed inquiry and take all actions as provided in section 41 of the Act.
• (2) A copy of the report pertaining to sub-rule (1) f this rule, shall be provided to the applicant.
• Certificate of ownership –
• The Chief Wild Life Warden shall provide a certificate of ownership to the applicant whose claim is found valid.
•
• The certificate of ownership shall be provided as per the provisions of section 42 of the Act.
• The certificate of ownership shall contain the facsimile of the identification mark and in case of live animals the identification
number of the transponder (microchip) implanted shall be mentioned in the certificate.
• 12. Dealing with declared objects:
• Any captive animal, animal article, trophy or uncured trophy declared under sub section (1) of section 40A and in respect of
which certificate of ownership has not been granted or obtained, shall be treated as government property.
• 13. Order to be signed and dated –
• Every order of the Chief Wild Life Warden shall be in writing and shall be signed and dated by the Chief Wild Life Warden.
– Communication of order to parties:-
• Every order passed on the application shall be communicated to the applicant either in person or by registered post free of
cost.
• [F.No 1-1-/2003 WL-I]
• M.K. Sharma, Director General of Forests and Spl. Secy.
•
FORM
• APPLICATION UNDER SECTION 40A OF WILD LIFE PROTECTION ACT, 1972 FOR CRTIFICATE OF OWNERSHIP
• To
• The Chief Wildlife Warden or the Authorized Officer
• State or Union Territory of …………………..
• ………………………………………………..
• (i) I …………………………, ……………………, …..……..………………………
• (Surname) (First Name) (Middle Name)
• son/ daughter of …………….., ……………………, …………………………….
• presenting residing at House
• Number ……………………. Taluk…………………… District……………………
• State ………………….. (PIN Code) …………………. and having
• permanent residence at House No. …………………….. Taluk …………….
• District…………………… State…………….. (PIN Code)………………….
• hereby declare that I am in control, custody or possession of captive animal and / or its offspring bred in captivity / animal
article / trophy / uncured trophy / derived from animal (Strike out whichever is not applicable) specified in Schedule 1 or
part II of Schedule Ii of the Wildlife (Protection) Act, 1972 having following description:-
• Date and Place of hearing to be notified –

• The Chief Wild Life Warden or the officer authorized by the State Government in this regard shall notify to the
parties the date, place and time of hearing of each application, if required.
• Decision on applications –
• (1) The Chief Wild Life Warden or the officer authorized by the State Government in this regard shall verify the facts
mentioned in the application and make such inquiry as maybe required.
• (2) The Chief Wild Life Warden shall, as far as possible, decide the application within six months of the date of its
presentation and communicate the same to the applicant in writing under his own signature by registered post.
• Hearing on application ex-parte –
• Where on the date fixed for hearing the application, the applicant fails to appear without intimation, the Chief Wild
Life Warden or the officer authorized by the State Government in this regard may at their discretion adjourn or decide the
application ex-parte.
• Inquiry by the Chief Wild Life Warden or Authorized Officer –
• (1) The Chief Wild Life Warden or the officer authorized by the State Government in this regard shall conduct a
detailed inquiry and take all actions as provided in section 41 of the Act.
• (2) A copy of the report pertaining to sub-rule (1) f this rule, shall be provided to the applicant.
• Certificate of ownership –
• The Chief Wild Life Warden shall provide a certificate of ownership to the applicant whose claim is found valid.
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•
• The certificate of ownership shall be provided as per the provisions of section 42 of the Act.
• The certificate of ownership shall contain the facsimile of the identification mark and in case of live animals the identification
number of the transponder (microchip) implanted shall be mentioned in the certificate.
• 12. Dealing with declared objects:
• Any captive animal, animal article, trophy or uncured trophy declared under sub section (1) of section 40A and in respect of
which certificate of ownership has not been granted or obtained, shall be treated as government property.
• 13. Order to be signed and dated –
• Every order of the Chief Wild Life Warden shall be in writing and shall be signed and dated by the Chief Wild Life Warden.
– Communication of order to parties:-
• Every order passed on the application shall be communicated to the applicant either in person or by registered post free of
cost.
• [F.No 1-1-/2003 WL-I]
• M.K. Sharma, Director General of Forests and Spl. Secy.
•
FORM
• APPLICATION UNDER SECTION 40A OF WILD LIFE PROTECTION ACT, 1972 FOR CRTIFICATE OF OWNERSHIP
• To
• The Chief Wildlife Warden or the Authorized Officer
• State or Union Territory of …………………..
• ………………………………………………..
• (i) I …………………………, ……………………, …..……..………………………
• son/ daughter of …………….., ……………………, …………………………….
• presenting residing at House
• Number ……………………. Taluk…………………… District……………………
• State ………………….. (PIN Code) …………………. and having
• permanent residence at House No. …………………….. Taluk …………….
• District…………………… State…………….. (PIN Code)………………….
• hereby declare that I am in control, custody or possession of captive animal and / or its offspring bred in captivity / animal
article / trophy / uncured trophy / derived from animal (Strike out whichever is not applicable) specified in Schedule 1 or
part II of Schedule Ii of the Wildlife (Protection) Act, 1972 having following description:-
• 1. Common name of the animal species :
• 2. Zoological name (Mention sub-species, if any) :
• 3. Description :
• State the condition of the item (provide four colour :
• photographs of size 8” x 6” covering front, left and
• right profile sand a full photograph)
• 5. Number of item :
• 6. Method of procurement : Purchase/gift/inheritance/
• any other mode specify
• Date of Procurement :
• Name of Person / institution from whom obtained :
• Address of person / institution referred to in (6) above:
• Size (in metres / cms) :
– Length
– Width
– Height
• Weight ( in kgs / gms) :
• Any other specific mark that can help in identification of the item:
• Mention the age and sex in case of live animals :
• I hereby declare that the above referred captive animal / item has been kept, stored or maintained at the following address
•
• ………………………………………………………..
• ……………………………………………. …………
• I hereby declare that the above referred captive animal / item was acquired by me through legal means but no declaration
has been made by me under sub-section (1) or sub-section (4) of section 40 of the Wild Life (protection) Act, 1972.
• I further declare that I have read and understood the provisions contained in sections 40A, 42 and 43 of the Wild Life
(Protection) Act, 1972 and state that the above shall not be transferred to anyone by any mode except by way of
inheritance.
• I hereby give my consent for fixing an identification make to each item and transponder in case of captive animal and assure
that the mark or transponder will not be erased, altered or damaged and in the event of any damage, alteration or change
of the mark, I shall inform the competent authority within twenty four hours.
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• I do hereby declare that the information given above is true to the bet of my knowledge and belief.
• Place : Signature of the person making the declaration
• Date : (Name)
• ACKNOWLEDGEMENT SLIP
• Receipt of the application filed by Shri / Smt / __________________ presently residing at ______________________( Full
address and Telephone Number) ______________ in the Office of the ______________________ is hereby acknowledged
seal
•
• Signature
• OFFICE SEAL
HRR/MSU/ES/905/U1/201112 265 OF 290

THE FOREST (CONSERVATION) RULES, 2003
• G.S.R.23(E):- In exercise of the powers conferred by sub-section (1) of section 4 of the Forest (Conservation) Act, 1980 (69
of 1980), and in supersession of the Forest (Conservation) Rules, 1981, except as respects things done or omitted to be
done before such supersession, the Central Government hereby makes the following rules, namely:-
• 1. Short title, extent and commencement.-
• These rules may be called the Forest (Conservation) Rules, 2003.
• They shall extend to the whole of India except the State of Jammu and Kashmir.
• They shall come into force on the date of their publication in the Official Gazette.
• 2. Definitions.- In these rules, unless the context otherwise requires:-
• "Act" means the Forest (Conservation) Act, 1980 (69 of 1980);
• “Committee" means the Advisory Committee constituted under section 3 of the Act;
• “Chairperson" means the Chairperson of the Committee;
• “Member" means a member of the Committee;
• “Nodal Officer” means any officer not below the rank of Conservator of Forests, authorised by the State Government to deal
with the forest conservation matters under the Act;
• “Regional Office” means a Regional Office of the Central Government in the Ministry of Environment and Forests established
as part of the Ministry to deal with the forest conservation matters under the Act;
• “Section" means a section of the Act;
• “User Agency” means any person, organisation or Company or Department of the Central or State Government making a
request for diversion or de-notification of forest land for non-forest purpose or using forest land for non-forest purpose in
accordance with the permission granted by the Central Government under the Act or the rules.
• Composition of the Committee.-
• (1) The Committee shall be composed of the following members:-
• Director General of Forests, Ministry of Environment and Forests - Chairperson.
• Additional Director General of Forests, Ministry of Environment and Forests- Member.
• Additional Commissioner (Soil Conservation), Ministry of Agriculture- Member.
• Three eminent experts in forestry and allied disciplines (non-officials)- Members.
• Inspector General of Forests (Forest Conservation), Ministry of Environment and Forests - Member Secretary
• (2) Additional Director General of Forests shall act as the Chairperson in the absence of Director General of Forests.
• 4. Terms of appointment of non-official members shall be as follows.-
• a non-official member shall hold his office for a period of two years;
• a non-official member shall cease to hold office if he becomes of unsound mind, becomes insolvent or is convicted by court
of law on a criminal offence involving moral turpitude;
• a non-official member may be removed from his office if he fails to attend three consecutive meetings of the Committee
without any sufficient cause or reasons;
• any vacancy in the membership caused by any reason mentioned in clauses (ii) and (iii) shall be filled by the Government
for the unexpired portion of two years term.
• travelling and daily allowance shall be payable to the non-official members of the Committee at the highest rate admissible
to the Government servants of Group 'A' under the rules and orders made by the Central Government and for the time being
in force.
• Provided that the payment of travelling allowance and daily allowance to a member who is a Member of the Parliament or a
Member of a State Legislature shall be regulated in accordance with the Salary, Allowances and Pension of Members of
Parliament Act, 1954 (30 of 1954) or the respective provisions of law pertaining to the member of the concerned State
Legislature.
• 5. Conduct of business of the Committee.-
• The Chairperson shall call the meeting of the Committee whenever considered necessary, but not less than once in a month.
• The meeting of the Committee shall be held at New Delhi.
• In a case where the Chairperson is satisfied that inspection of site or sites of forest land proposed to be used for non-forest
purposes shall be necessary or
• The Chairperson shall preside over every meeting of the Committee at which he is present.
• Every question upon which the Central Government is required to be advised shall be considered in the meeting of the
Committee provided that in urgent cases if the meeting cannot be convened within a month, the Chairperson may direct that
papers may be circulated and sent to the members for their opinion within the stipulated time.
• The quorum of the meeting of the Committee shall be three.
• 6. Submission of the proposals seeking approval of the Central Government under section 2 of the Act.-
• (1) Every user agency, who wants to use any forest land for non-forest purposes shall make his proposal in the
appropriate Form appended to these rules, i.e. Form ‘A’ for proposals seeking first time approval under the Act and Form ‘B’
for proposals seeking renewal of leases where approval of the Central Government under the Act had already been obtained
earlier, to the concerned nodal officer authorized in this behalf by the State Government, alongwith requisite information and
documents, complete in all respects, well in advance of taking up any non-forest activity on the forest land.
• (2) Every State Government or other authority, after having received the proposal under sub-rule (1) and after being
satisfied that the proposal requires prior approval under section 2 of the Act, shall send the proposal to the Central
Government in the appropriate forms, within ninety days of the receipt of the proposal from the user agency for proposals
seeking first time approval under the Act and within sixty days for proposals seeking renewal of leases where approval of the
Central Government under the Act had already been obtained earlier:
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• Provided that all proposals involving clearing naturally grown trees in forest land or portion thereof for the purpose of using
it for reafforestation shall be sent in the form of Working Plan or Management Plan.
• (3) The proposal referred to in sub-rule (2) above, involving forest land of more than forty hectare shall be sent by the
State Government to the Secretary to the Government of India, Ministry of Environment and Forests, Paryavaran Bhavan,
CGO Complex, Lodhi Road, New Delhi-110 003, with a copy of the proposal (with complete enclosures) to the concerned
Regional Office.
• (4) The proposal referred to in sub-rule (2) above, involving forest land up to forty hectare shall be sent to the Chief
Conservator of Forests or Conservator of Forests of the concerned Regional Office of the Ministry of Environment and
Forests.
• (5) The proposal referred to in sub-rule (2) above, involving clearing of naturally grown trees in forest land or portion
thereof for the purpose of using it for reafforestation shall be sent to the Chief Conservator of Forests or Conservator of
Forests of the concerned Regional Office of the Ministry of Environment and Forests.
• 7. Committee to advise on proposals received by the Central Government.-
• (1) The Central Government shall refer every proposal, complete in all respects, received by it under sub-rule (3) of
rule 6 including site inspection report, wherever required, to the Committee for its advice thereon.
• (2) The Committee shall have due regard to all or any of the following matters while tendering its advice on the
proposals referred to it under sub-rule (1), namely:-
• Whether the forests land proposed to be used for non-forest purpose forms part of a nature reserve, national park wildlife
sanctuary, biosphere reserve or forms part of the habitat or any endangered or threatened species of flora and fauna or of
an area lying in severely eroded catchment;
• Whether the use of any forest land is for agricultural purposes or for the rehabilitation of persons displaced from their
residences by reason of any river valley or hydro-electric project ;
• Whether the State Government or the other authority has certified that it has considered all other alternatives and that no
other alternatives in the circumstances are feasible and that the required area is the minimum needed for the purpose; and
• Whether the State Government or the other authority undertakes to provide at its cost for the acquisition of land of an
equivalent area and afforestation thereof.
• (3) While tendering the advice, the Committee may also suggest any conditions or restrictions on the use of any forest
land for any non-forest purpose, which in its opinion, would minimise adverse environmental impact.
• Action of the Central Government on the advice of the Committee.–
• The Central Government shall, after considering the advice of the Committee tendered under rule 7 and after such further
enquiry as it may consider necessary, grant approval to the proposal with or without conditions or reject the same within
sixty days of its receipt.
• Proceedings against persons guilty of offences under the Act.-
• (1) The Central Government may, by notification, authorize any officer not below the rank of Conservator of Forests or
the concerned forest officer having territorial jurisdiction over the forest land in respect of which the said offence is said to
have been committed, to file complaints against the person (s) prima-facie found guilty of offence under the Act or the
violation of the rules made thereunder, in the court having jurisdiction in the matter.
• Provided that no complaint shall be filed in the court, without giving the person (s) or officer (s) or authority (s) against
whom the allegations of offence exist, an opportunity to explain his or their conduct and to show cause, by issuing a notice
in writing of not less than sixty days, as to why a complaint should not be filed in the court against him or them for alleged
offences.
• (2) The officer authorised by the Central Government in sub-rule (1) may require any State Government or
its officer or any person or any other authority to furnish to it within a specified period any reports, documents, statistics
and any other information related to contravention of the Act or the rules made thereunder, considered necessary for
making a complaint in any court of jurisdiction and every such State Government or officer or person or authority shall be
bound to do so.
• APPENDIX
• (See Rule 6)
• FORM – ‘A’
• Form for seeking prior approval under section 2 of the proposals
• by the State Governments and other authorities
• PART-I
• (to be filled up by user agency)
• 1. Project details:
• (i) Short narrative of the proposal and project/scheme for which the forest land is required.
• (ii) Map showing the required forest land, boundary of adjoining forest on a 1:50,000 scale map.
• (iii) Cost of the project:
• (iv) Justification for locating the project in forest area.
• (v) Cost-benefit analysis (to be enclosed).
• (vi) Employment likely to be generated.
• 2. Purpose-wise break-up of the total land required:
• 3. Details of displacement of people due to the project, if any:
• Number of families.
• Number of Scheduled Castes/Scheduled Tribe families
• Rehabilitation plan. (to be enclosed)
• 4. Whether clearance under Environment (Protection) Act, 1986 required? (Yes/No).
• 5. Undertaking to bear the cost of raising and maintenance of compensatory afforestation and/or penal compensatory
afforestation as well as cost for protection and regeneration of Safety Zone, etc. as per the scheme prepared by the State
Government (undertaking to be enclosed).
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• Details of Certificates/documents enclosed as required under the instructions.
• Signature
• (Name in Block letters)
• Designation
• Address (of User Agency)
• Date:-_____________
• Place:-_____________
• State serial No. of proposal________________
• (To be filled up by the Nodal Officer with date of receipt)
• PART-II
• (To be filled by the concerned Deputy Conservator of Forests)
• 7. Location of the project/Scheme:
• State/Union Territory
• District.
• Forest Division
• Area of forest land proposed for diversion (in ha.)
• Legal status of forest
• Density of vegetation.
• Species-wise (scientific names) and diameter class-wise enumeration of trees (to be enclosed. In case of irrigation / hydel
projects enumeration at FRL, FRL-2 meter & FRL-4 meter also to be enclosed.)
• Brief note on vulnerability of the forest area to erosion.
• Approximate distance of proposed site for diversion from boundary of forest.
• Whether forms part of National Park, wildlife sanctuary, biosphere reserve, tiger reserve, elephant corridor, etc. (If so, the
details of the area and comments of the Chief Wildlife Warden to be annexed).
• Whether any rare/endangered/unique species of flora and fauna found in the area- if so details thereof.
• Whether any protected archaeological/heritage site/defence establishment or any other important monument is located in
the area. If so, the details thereof with NOC from competent authority, if required.
• 8. Whether the requirement of forest land as proposed by the user agency in col. 2 of Part-I is unavoidable and
barest minimum for the project. If no, recommended area item-wise with details of alternatives examined.
• 9. Whether any work in violation of the Act has been carried out (Yes/No). If yes, details of the same including period
of work done, action taken on erring officials. Whether work in violation is still in progress.
• 10. Details of compensatory afforestation scheme:
• Details of non forest area/degraded forest area identified for compensatory afforestation, its distance from adjoining forest,
number of patches, size of each patch.
• Map showing non-forest/degraded forest area identified for compensatory afforestation and adjoining forest boundaries.
• Detailed compensatory afforestation scheme including species to be planted, implementing agency, time schedule, cost
structure, etc.
• Total financial outlay for compensatory afforestation scheme.
• Certificates from competent authority regarding suitability of area identified for compensatory afforestation and from
management point of view. (To be signed by the concerned Deputy Conservator of Forests).
• Site inspection report of the DCF (to be enclosed) especially highlighting facts asked in col. 7 (xi, xii), 8 and 9 above.
• 12. Division/District profile:
• Geographical area of the district.
• Forest area of the district.
• Total forest area diverted since 1980 with number of cases.
• Total compensatory afforestation stipulated in the district/division since 1980 on (a) forest land including penal
compensatory afforestation,
• (b) non-forest land.
• Progress of compensatory afforestation as on (date) ________________ on
• (a) forest land
• 13. Specific recommendations of the DCF for acceptance or otherwise of the proposal with reasons.
• Signature
• Name
• Official Seal
• Date:-_____________
• Place:-_____________
• PART-III
• (To be filled by the concerned Conservator of Forests)
• 14. Whether site, where the forest land involved is located has been inspected by concerned Conservator of Forests
(Yes/No). If yes, the date of inspection & observations made in form of inspection note to be enclosed.
• 15. Whether the concerned Conservator of Forests agree with the information given in Part-B and the
recommendations of Deputy Conservator of Forests.
HRR/MSU/ES/905/U1/201112 268 OF 290

• 16. Specific recommendation of concerned Conservator of Forests for acceptance or otherwise of the proposal with
detailed reasons.
• Signature
• Name
• Official Seal
• Date:-_____________
• Place:-_____________
• PART-IV
• (To be filled in by the Nodal Officer or Principal Chief Conservator of Forests or Head of Forest department)
• 17. Detailed opinion and specific recommendation of the State Forest Department for acceptance of otherwise of the
proposal with remarks.
• (While giving opinion, the adverse comments made by concerned Conservator of Forests or Deputy Conservator of Forests
should be categorically reviewed and critically commented upon).
• Signature
• Name & Designation
• (Official Seal)
• Date:-_____________
• Place:-_____________
• PART- V
• (To be filled in by the Secretary in charge of Forest Department or by any other authorised officer of the State Government
not below the rank of an Under Secretary)
• 18. Recommendation of the State Government:
• (Adverse comments made by any officer or authority in Part-B or Part-C or Part-D above should be specifically commented
upon)
• Signature
• (Official Seal)
• Date:-_____________
• Place:-_____________
• INSTRUCTIONS (for Part-I):-
• The project authorities may annex a copy of the approved project/plan in addition to filling Col. 1 (i) e.g. IBM approved
mining plan for major minerals/CMPDI plan with subsidence analysis reports, etc.
• Map has to be in original duly authenticated jointly by project authorities and concerned DCF – Col. 1 (ii).
• Complete details of alternative alignments examined especially in case of project like roads, transmission lines, railway lines,
canals, etc. to be shown on map with details of area of forest land involved in each alternative to be given - Col. 1 (iii).
• For proposals relating to mining, certificate from competent authority like District Mining Officer about non-availability of the
same mineral in surrounding/nearby non-forest areas.
• In case the same company/individual has taken forest land for similar project in the State, a brief detail of all such
approvals/leases be given as an enclosure along with current status of the projects.
• The latest clarifications issued by the Ministry under Forest (Conservation) Act, 1980 may be kept in mind. In case such
information do not fit in the given columns, the same shall be annexed separately.
• GENERAL INSTRUCTIONS:-
• On receipt of proposal, Nodal Officer shall issue a receipt to the user agency indicating therein the name of the proposal,
user agency, area in hectare, serial number and date of receipt.
• If the space provided above is not sufficient to specify any information, please attach separate details/documents.
• While forwarding the proposal to the Central Government, complete details on all aspects of the case as per Form prescribed
above read with the clarifications issued by the Ministry of Environment and Forests, Government of India, New Delhi should
be given. Incomplete or deficient proposals shall not be considered and shall be returned to the State Government in
original.
• The State Government shall submit the proposal to the Central Government within stipulated time limits. In case of delay
while forwarding, the reasons for the same to be given in the forwarding/covering letter.
• FORM – ‘B’
• (See Rule 6)
• Form for seeking prior approval under section 2 of the proposals by the State Governments and other authorities in respect
of renewal of leases, which have been earlier granted clearance under Forest (Conservation) Act, 1980
• PART-I
• (to be filled up by user agency)
• Letter No. & date vide which clearance under Forest (Conservation) Act, 1980 accorded by the Central Government (copy to
be enclosed):
• Project details:
• (i) Short narrative of the proposal and project/scheme for which the forest land is required.
• (ii) Map showing the required forest land, boundary of adjoining forest on a 1:50,000 scale map.
• (iii) Cost of the project:
• 3. Purpose-wise break-up of the total land required (already broken & to be broken):
• 4. Details of Certificates/documents enclosed as required under the instructions.
• Signature
HRR/MSU/ES/905/U1/201112 269 OF 290
• (Name in Block letters)
• Designation
• Address (of User Agency)
• Date:-_____________
• Place:-_____________
• (To be filled up by the Nodal Officer with date of receipt)
• PART-II
• (To be filled by the concerned Deputy Conservator of Forests)
• 5. Location of the project/Scheme:
• State/Union Territory
• District.
• Forest Division
• Area of forest land proposed for diversion (in ha.)
• Legal status of forest
• Density of vegetation.
• Species-wise (scientific names) and diameter class-wise enumeration of trees in unbroken area.
• Whether forms part of National Park, wildlife sanctuary, biosphere reserve, tiger reserve, elephant corridor, etc. (If so, the
details of the area and comments of the Chief Wildlife Warden to be annexed).
• 6. Whether any work in violation of the Act has been carried out (Yes/No). If yes, details of the same including period
of work done, action taken on erring officials. Whether work in violation is still in progress.
• 7. Site inspection report of the DCF (to be enclosed) in respect to status of compliance of conditions stipulated during
earlier approval.
• 8. Division/District profile:
• Geographical area of the district.
• Forest area of the district.
• Total forest area diverted since 1980 with number of cases.
• Total compensatory afforestation stipulated in the district/division since 1980 on (a) forest land including penal
compensatory afforestation,
• Progress of compensatory afforestation as on (date) ________________ on
• (a) forest land
• 9. Specific recommendations of the DCF for acceptance or otherwise of the proposal with reasons.
• Signature
• Name
• Official Seal
• Date:-_____________
• Place:-_____________
• PART-III
• (To be filled by the concerned Conservator of Forests)
• 10. Whether site, where the forest land involved is located has been inspected by concerned Conservator of Forests
(Yes/No). If yes, the date of inspection & observations made in form of inspection note to be enclosed.
• 11. Whether the concerned Conservator of Forests agree with the information given in Part-B and the
recommendations of Deputy Conservator of Forests.
• 12. Specific recommendation of concerned Conservator of Forests for acceptance or otherwise of the proposal with
detailed reasons.
• Signature
• Name
• Official Seal
• Date:-_____________
• Place:-_____________
• PART-IV
• (To be filled in by the Nodal Officer or Principal Chief Conservator of Forests or Head of Forest department)
• 13. Detailed opinion and specific recommendation of the State Forest Department for acceptance of otherwise of the
proposal with remarks.
• (While giving opinion, the adverse comments made by concerned Conservator of Forests or Deputy Conservator of Forests
should be categorically reviewed and critically commented upon).
• Signature
• (Official Seal)
• Date:-_____________
• Place:-_____________
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• PART- V
• (To be filled in by the Secretary in charge of Forest Department or by any other authorised officer of the State Government
not below the rank of an Under Secretary)
• 14. Recommendation of the State Government:
• (Adverse comments made by any officer or authority in Part-B or Part-C or Part-D above should be specifically commented
upon)
• Signature
• (Official Seal)
• Date:-_____________
• Place:-_____________
• INSTRUCTIONS (for Part-I):-
• The project authorities may annex a copy of the approved project/plan in addition to filling Col. 2 (i) e.g. IBM approved
mining plan for major minerals/CMPDI plan with subsidence analysis reports, etc.
• Map has to be in original duly authenticated jointly by project authorities and concerned DCF – Col. 2 (ii).
• In case the same company/individual has taken forest land for similar project in the State, a brief detail of all such
approvals/leases be given as an enclosure along with current status of the projects.
• Item-wise requirement (Col. 3) should be separately shown for broken up and fresh areas.
• The latest clarifications issued by the Ministry under Forest (Conservation) Act, 1980 may be kept in mind. In case such
information do not fit in the given columns, the same shall be annexed separately.
• GENERAL INSTRUCTIONS:-
• On receipt of proposal, Nodal Officer shall issue a receipt to the user agency indicating therein the name of the proposal,
user agency, area in hectare, serial number and date of receipt.
• If the space provided above is not sufficient to specify any information, please attach separate details/documents.
• While forwarding the proposal to the Central Government, complete details on all aspects of the case as per Form prescribed
above read with the clarifications issued by the Ministry of Environment and Forests, Government of India, New Delhi should
be given. Incomplete or deficient proposals shall not be considered and shall be returned to the State Government in
original.
• The State Government shall submit the proposal to the Central Government within stipulated time limits. In case of delay
while forwarding, the reasons for the same to be given in the forwarding/covering letter.
• (File No. 5-5/98-FC)
• Sd/-
• (DR. V.K. BAHUGUNA)
• Inspector General of Forests (Forest Conservation)
• Note:- The principal rules were published vide G.S.R. No. 719 dated the 1st August, 1981 in part II, Section 3, sub-
section (i) of the Gazette of India and subsequently amended vide:
• G.S.R. 14, dated the 28th December, 1987
• G.S.R. 640(E), dated the 26th June, 1989
• G.S.R. 563 (E), dated the 21st May, 1992.
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THE BIOLOGICAL DIVERSITY ACT, 2002

New Delhi, the 5th February, 2003/Magha 16, 1924 (Saka)
The following Act of Parliament received the assent of the President on the 5th February, 2003, and is hereby published for general
information:
THE BIOLOGICAL DIVERSITY ACT, 2002
No. 18 OF 2003
[5th February, 2003]
An Act to provide for conservation of biological diversity, sustainable use of its components and fair and equitable sharing of the
benefits arising out of the use of biological resources, knowledge and for matters connected therewith or incidental thereto.
WHEREAS India is rich in biological diversity and associated traditional and contemporary knowledge system relating thereto.
AND WHEREAS India is a party to the United Nations Convention on Biological Diversity signed at Rio de Janeiro on the 5th day of
June, 1992;
AND WHEREAS the said Convention came into force on the 29th December, 1993;
AND WHEREAS the said Convention reaffirms the sovereign rights of the States over their biological resources;
AND WHEREAS the said Convention has the main objective of conservation of biological diversity, sustainable use of its components
and fair and equitable sharing of the benefits arising out of utilization of genetic resources;
AND WHEREAS it is considered necessary to provide for conservation, sustainable utilization and equitable sharing of the benefits
arising out of utilization of genetic resources and also to give effect to the said Convention.
BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:
CHAPTER - I
Preliminary
1. Short title, extent and commencement
(1) ThisAct may be called the Biological Diversity Act, 2002.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint:
Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the
commencement of this Act shall be construed as a reference to the coming into force of that provision.
2. Definitions
In this Act, unless the context otherwise requires,
(a) "benefit claimers" means the conservers of biological resources, their byproducts, creators and holders of knowledge and
information relating to the use of such biological resources, innovations and practices associated with such use and application;
(b) "biological diversity" means the variability among living organisms from all sources and the ecological complexes of which
they are part, and includes diversity within species or between species and of eco-systems;
(c) "biological resources" means plants, animals and micro-organisms or parts thereof, their genetic material and by-products
(excluding value added products) with actual or potential use or value, but does not include human genetic material;
(d) "bio-survey and bio-utilization" means survey or collection of species, subspecies, genes, components and extracts of
biological resource for any purpose and includes characterization, inventorisation and bioassay;
(e) "Chairperson" means the Chairperson of the National Biodiversity Authority or, as the case may be, of the State Biodiversity
Board;
(f) "commercial utilization" means end uses of biological resources for commercial utilization such as drugs, industrial enzymes,
food flavours, fragrance, cosmetics, emulsifiers, oleoresins, colours, extracts and genes used for improving crops and livestock
through genetic intervention, but does not include conventional breeding or traditional practices in use in any agriculture, horticulture,
poultry, dairy farming, animal husbandry or bee keeping;
(g) "fair and equitable benefit sharing" means sharing of benefits as determined by the National Biodiversity Authority under
section 2 1;
(h) "local bodies" means Panchayats and Municipalities, by whatever name called, within the meaning of clause (1) of article
243B and clause (1) of article 243Q of the Constitution and in the absence of any Panchayats or Municipalities, institutions of
self-government constituted under any other provision of the Constitution or any Central Act or State Act;
(i) "member" means a member of the National Biodiversity Authority or a State Biodiversity Board and includes the
Chairperson;
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(j) "National Biodiversity Authority" means the National Biodiversity Authority established under section 8;
(k) "prescribed" means prescribed by rules made 1 under this Act;
(l) "regulations" means regulations made under this Act;
(m) "research" means study or systematic investigation of any biological resource or technological application, that uses
biological systems, living organisms or derivatives thereof to make or modify products or processes for any use;
(n) "State Biodiversity Board" means the State Biodiversity Board established under section 22;
(o) "sustainable use" means the use of components of biological diversity in such manner and at such rate that does not lead to the
long-term decline of the biological diversity thereby maintaining its potential to meet the needs and aspirations of present and future
generations;
(p) "value added products" means products which may contain portions or extracts of plants and animals in unrecognizable and
physically inseparable form.
CHAPTER - II
Regulation of Access to Biological Diversity
Certain persons not to undertake Biodiversity related activities without approval of National Biodiversity Authority
3. (1) No person referred to in sub-section (2) shall, without previous approval of the National Biodiversity Authority, obtain any
biological resource occurring in India or knowledge associated thereto for research or for commercial utilization or for bio -survey and
bio-utilization.
(2) The persons who shall be required to take the approval of the National Biodiversity Authority under sub-section (1) are the
following, namely:
(a) a person who is not a citizen of India;
(b) a citizen of India, who is a non-resident as defined in clause (30) of section 2 of the Income-tax Act, 196 1;
(c) a body corporate, association or organization-
(i) not incorporated or registered in India; or
(ii) incorporated or registered in India under any law for the time being in force which has any non-Indian participation in its
share capital or management.
Results of research not to be transferred to certain persons without approval of National Biodiversity Authority
4. No person shall, without the previous approval of the National Biodiversity Authority, transfer the results of any research
relating to any biological resources occurring in, or obtained from, India for monetary consideration or otherwise to any person who is
not a citizen of India or citizen of India who is non-resident as defined in clause (30) of section 2 of the Income-tax Act, 1961 or a
body corporate or organization which Is not registered or incorpo rated in India or which has any non-Indian participation in its share
capital or management.
Explanation.- For the purposes of this section, "transfer" does not include publication of research papers or dissemination of
knowledge in any seminar or workshop, if such publication is as per the guidelines issued by the Central Government.
Sections 3 and 4 not to apply to certain collaborative research projects
5.(1) The provisions of sections 3 and 4 shall not apply to collaborative research projects involving transfer or exchange of biological
resources or information relating thereto between institutions, including Government sponsored institutions of India, and such
institutions in other countries, if such collaborative research projects satisfy the conditions specified in sub-section (3).
(2) All collaborative research projects, other than those referred to in sub-section (1) which are based on agreements concluded
before the commencement of this Act and in force shall, to the extent the provisions of agreement are inconsistent with the provisions
of this Act or any guidelines issued under clause (a) of sub-section (3), be void.
(3) For the purposes of sub-section (1), collaborative research projects shall-
(a) conform to the policy guidelines issued by the Central Government in this behalf;
(b) be approved by the Central Government.
Application for intellectual property rights not to be made without approval of National Biodiversity Authority
6.(1) No person shall apply for any intellectual property right, by whatever name called, in or outside India for any invention
based on any research or information on a biological resource obtained from India without obtaining the previous approval of the
National Biodiversity Authority before making such application.
Provided that if a person applies for a patent, permission of the National Biodiversity Authority may be obtained after the acceptance
of the patent but before the seating of tile patent by the patent authority concerned:
Provided further that the National Biodiversity Authority shall dispose of the application for permission made to it within a period of
ninety days from the date of receipt thereof.
(2) The National Biodiversity Authority may, while granting the approval under this section, impose benefit sharing fee or
royalty or both or impose conditions including the sharing of financial benefits arising out of the commercial utilization of such rights.
(3) The provisions of this section shall not apply to any person making an application for any right under any law relating to
protection of plant varieties enacted by Parliament.
(4) Where any right is granted under law referred to in sub-section (3), the concerned authority granting such right shall
endorse a copy of such document granting the right to the National Biodiversity Authority.
Prior intimation to State Biodiversity Board for obtaining biological resource for certain purposes
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7. No person, who is a citizen of India or a body corporate, association or organization which is registered in India, shall obtain
any biological resource for commercial utilization, or bio-survey and bio-utilization for commercial utilization except after giving prior
intimation to the State Biodiversity Board concerned:
Provided that the provisions of this section shall not apply to the local people and communities of the area, including growers and
cultivators of biodiversity, and vaids and hakims, who have been practicing indigenous medicine.
CHAPTER - III
National Biodiversity Authority
Establishment of National Biodiversity Authority
8.(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be
established by the Central Government for the purposes of this Act, a body to be called the National Biodiversity Authority.
(2) The National Biodiversity Authority shall be a body corporate by the name aforesaid, having perpetual succession and a
common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the
said name sue and be sued.
(3) The head office of the National Biodiversity Authority shall be at Chennai and the National Biodiversity Authority may, with
the previous approval of the Central Government, establish offices at other places in India.
(4) The National Biodiversity Authority shall consist of the following members,
(a)
a Chairperson, who shall be an eminent person having adequate knowledge and experience in the conservation and sustainable use of
biological diversity and in matters relating to equitable sharing of benefits, to be appointed by the Central Government;
(b) three ex officio members to be appointed by the Central Government, one representing the Ministry dealing with Tribal
Affairs and two representing the Ministry dealing with Environment and Forests of whom one shall be the Additional Director General
of Forests or the Director General of Forests;
(c) seven ex officio members to be appointed by the Central Government to represent respectively the Ministries of the Central
Government dealing with
(i) Agricultural Research and Education;

(ii) Biotechnology;
(iii) Ocean Development;
(iv) Agriculture and Cooperation;
(v) Indian Systems of Medicine and Homoeopathy;
(vi) Science and Technology;
(vii) Scientific and Industrial Research;
(d) five non-official members to be appointed from amongst specialists and scientists having special knowledge of, or experience
in, matters relating to conservation of biological diversity, sustainable use of biological resources and equitable sharing of benefits
arising out of the use of biological resources, representatives of industry, conservers, creators and know ledge -holders of biological
resources.
Conditions of service of Chairperson and members
9. The term of office and conditions of service of the Chairperson and the other members other than ex officio members of the
National Biodiversity Authority shall be such as may be prescribed by the Central Government.
Chairperson to be Chief Executive of National Biodiversity Authority
10. The Chairperson shall be the Chief Executive of the National Biodiversity Authority and shall exercise such powers and
perform such duties, as may be prescribed.
Removal of members
11. The Central Government may remove from the National Biodiversity Authority any member who, in its opinion, has-
(a) been adjudged as an insolvent; or
(b) been convicted of an offence which involves moral turpitude; or
(c) become physically or mentally incapable of acting as a member; or
(d) so abused his position as to render his continuance in office detrimental to the public interest; or
(e) acquired such financial or other interest as is likely to affect prejudicially his functions as a member.
Meetings of National Biodiversity Authority
12. (1) The National Biodiversity Authority shall meet at such time and place and shall observe such rules of procedure in regard to
the transaction of business at its meetings (including the quorum at its meetings) as may be prescribed.
(2) The Chairperson of the National Biodiversity Authority shall preside at the meetings of the National Biodiversity Authority.
(3) If for any reason the Chairperson is unable to attend any meeting of the National Biodiversity Authority, any member of the
National Biodiversity Authority chosen by the members present at the meeting shall preside at the meeting.
(4) All questions which come before any meeting of the National Biodiversity Authority shall be decided by a majority of votes of
the members present and voting and in the event of equality of votes, the Chairperson or, in his absence, the person presiding, shall
have and exercise a second or casting vote.
(5) Every member who is in any way, whether directly, indirectly or personally, concerned or interested in a matter to be
decided at the meeting shall disclose the nature of his concern or interest and after such disclosure, the member concerned or
interested shall not attend that meeting.
(6) No act or proceeding of the National Biodiversity Authority shall be invalidated merely by reason of-
(a) any vacancy in, or any defect in the constitution of, the National Biodiversity Authority; or
(b) any defect in the appointment of a person acting as a member; or
(c) any irregularity in the procedure of the National Biodiversity Authority not affecting the merits of the case.
Committees of National Biodiversity Authority
13. (1) The National Biodiversity Authority may constitute a committee to deal with agro-biodiversity.
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Explanation- For the purposes of this sub-section, "agro-biodiversity" means bio�logical diversity, of agriculture related species and
their wild relatives.
(2) Without prejudice to the provisions of sub-section (1), the National Biodiversity Authority may constitute such number of
committees as it deems fit for the efficient dis�charge of its duties and performance of its functions under this Act.
(3) A committee constituted under this section shall co-opt such number of persons, who are not the members of the National
Biodiversity Authority, as it may think fit and the persons so co-opted shall have the right to attend the meetings of the committee
and take part in its proceedings but shall not have the right to vote.
(4) The persons appointed as members of the committee under sub-section (2) shall be entitled to receive such allowances or
fees for attending the meetings of the committee as may be fixed by the Central Government.
Officers and employees of National Biodiversity Authority
14.(1) The National Biodiversity Authority may appoint such officers and other employees as it considers necessary for the efficient
discharge of its functions under this Act.
(2) The terms and conditions of service of such officers and other employees of the National Biodiversity Authority shall be such
as may be specified by regulations.
Authentication of orders and decisions of National Biodiversity Authority
15. All orders and decisions of the National Biodiversity Authority shall be authenticated by the signature of the Chairperson or
any other member authorized by the National Biodiversity Authority in this behalf and all other instruments executed by the National
Biodiversity Authority shall be authenticated by the signature of an officer of the National Biodiversity Authority authorized by it in this
behalf.
Delegation of powers
16. The National Biodiversity Authority may, by general or special order in writing, delegate to any member, officer of the
National Biodiversity Authority or any other person subject to such conditions, if any, as may be specified in the order, such of the
powers and functions under this Act (except the power to prefer an appeal under section 50 and the power to make regulations under
section 64) as it may deem necessary.
Expenses of National Biodiversity Authority to be defrayed out of the Consolidated Fund of India
17. The salaries and allowances payable to the members and the administrative expenses of the National Biodiversity Authority
including salaries, allowances and pension payable to, or in respect of, the officers and other employees of the National Biodiversity
Authority shall be defrayed out of the Consolidated Fund of India.
CHAPTER - IV
Functions and Powers of the National Biodiversity Authority
Functions and powers of National Biodiversity Authority
18.(1) It shall be the duty of the National Biodiversity Authority to regulate activities referred to in sections 3, 4 and 6 and by
regulations issue guidelines for access to biological resources and for fair and equitable benefit sharing.
(2) The National Biodiversity Authority may grant approval for undertaking any activity referred to in sections 3, 4 and 6.
(3) The National Biodiversity Authority may-
(a) advise the Central Government on matters relating to the conservation of biodiversity, sustainable use of its components
and equitable sharing of benefits arising out of the utilization of biological resources;
(b) advise the State Governments in the selection of areas of biodiversity importance to be notified under sub-section (1) of
section 37 as heritage sites and measures for the management of such heritage sites;
(c) perform such other functions as may be necessary to carry out the provisions of this Act.
(4) The National Biodiversity Authority may, on behalf of the Central Government, take any measures necessary to oppose the
grant of intellectual property rights in any country outside India on any biological resource obtained from India or knowledge
associated with such biological resource which is derived from India.
CHAPTIER - V
Approval by the National Biodiversity Authority
Approval by National Biodiversity Authority for undertaking certain activities
19.(1) Any person referred. to in sub-section (2) of section 3 who intends to obtain any biological resource occurring in India or
knowledge associated thereto for research or for commercial utilization or for bio -survey and bio-utilization or transfer the results of
any research relating to biological resources occurring in, or obtained from, India, shall make application in such form and payment of
such fees as may be prescribed, to the National Biodiversity Authority.
(2) Any person who intends to apply for a patent or any other form of intellectual property protection whether in India or
outside India referred to in sub-section (1) of section 6, may make an application in such form and in such manner as may be
prescribed to the National Biodiversity Authority.
(3) On receipt of an application under sub-section (1) or sub-section (2), the National Biodiversity Authority may, after making
such enquiries as it may deem fit and if necessary after consulting an expert committee constituted for this purpose, by order, grant
approval subject to any regulations made in this behalf and subject to such terms and conditions as it may deem fit, including the
imposition of charges by way of royalty or for reasons to be recorded in writing, reject the application:
Provided that no such order for rejection shall be made without giving an opportunity of being heard to the person affected.
(4) The National Biodiversity Authority shall give public notice of every approval granted by it under this section.
Transfer of biological resource or knowledge
20.(1) No person who has been granted approval under section 19 shall transfer any biological resource or knowledge associated
thereto which is the subject matter of the said approval except with the permission of the National Biodiversity Authority.
(2) Any person who intends to transfer any biological resource or knowledge associated thereto referred to in sub-section (1) shall
make an application in such form and in such manner as may be prescribed to the National Biodiversity Authority.
(3) On receipt of an application under sub-section (2), the National Biodiversity Authority may, after making such enquiries as it
may deem fit and if necessary after consulting an expert committee constituted for this purpose, by order, grant approval subject to
such terms and conditions as it may deem fit, including the imposition of charges by way of royalty or for reasons to be recorded in
writing, reject the application:
Provided that no such order for rejection shall be made without giving an opportunity of being heard to the person affected.
(4) The National Biodiversity Authority shall give public notice of every approval granted by it under this section.
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Determination of equitable benefit sharing by National Biodiversity Authority
21.(1) The National Biodiversity Authority shall while granting approvals under section 19 or section 20 ensure that the terms and
conditions subject to which approval is granted secures equitable sharing of benefits arising out of the use of accessed biological
resources, their by-products, innovations and practices associated with their use and applications and knowledge relating thereto in
accordance with mutually agreed terms and conditions between the person applying for such approval, local bodies concerned and the
benefit claimers.
(2) The National Biodiversity Authority shall, subject to any regulations made in this behalf, determine the benefit sharing which
shall be given effect in all or any of the following manner, namely:
(a) grant of joint ownership of intellectual property rights to the National Biodiversity Authority, or where benefit claimers are
identified, to such benefit claimers;
(b) transfer of technology;
(c) location of production, research and development units in such areas which will facilitate better living standards to the
benefit claimers;
(d) association of Indian scientists, benefit claimers and the local people with research and development in biological resources
and bio-survey and bio-utilization;
(e) setting up of venture capital fund for aiding the cause of benefit claimers;
(f) payment of monetary compensation and non-monetary benefits to the benefit claimers as the National Biodiversity Authority
may deem fit.
(3) Where any amount of money is ordered by way of benefit sharing, the National Biodiversity Authority may direct the amount
to be deposited in the National Biodiversity Fund:
Provided that where biological resource or knowledge was a result of access from specific individual or group of individuals or
organizations, the National Biodiversity Authority may direct that the amount shall be paid directly to such individual or group of
individuals or organizations in accordance with the terms of any agreement and in such manner as it deems fit.
(4) For the purposes of this section, the National Biodiversity Authority shall, in consultation with the Central Government, by
regulations, frame guidelines.
CHAPTER - VI
State Biodiversity Board
Establishment of State Biodiversity Board
22.(1) With effect from such date as the State Government may, by notification in the Official Gazette, appoint in this behalf, there
shall be established by that Government for the purposes of this Act, a Board for the State to be known as the (name of the State)
Biodiversity Board.
(2) Notwithstanding anything contained in this section, no State Biodiversity Board shall be constituted for a Union territory and
in relation to a Union territory, the National Biodiversity Authority shall exercise the powers and perform the functions of a State
Biodiversity Board for that Union territory:
Provided that in relation to any Union territory, the National Biodiversity Authority may delegate all or any of its powers or functions
under this sub-section to such person or group of persons as the Central Government may specify.
(3) The Board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to
acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and he sued.
(4) The Board shall consist of the following members, namely:
(a) a Chairperson who shall be an eminent person having adequate knowledge and experience in the conservation and
sustainable use of biological diversity and in matters relating to equitable sharing of benefits, to he appointed by the State
Government;
(b) not more than five ex officio members to be appointed by the State Government to represent the concerned Departments of
the State Government;
(c) not more than five members to be appointed from amongst experts in matters relating to conservation of biological
diversity, sustainable use of biological resources and equitable sharing of benefits arising out of the use of biological resources.
(5) The head office of the State Biodiversity Board shall be at such place as the State Government may, by notification in the
Official Gazette, specify.
Functions of State Biodiversity Board
23. The functions of the State Biodiversity Board shall be to
(a) advise the State Government, subject to any guidelines issued by the Central Government, on matters relating to the
conservation of biodiversity, sustainable use of its components and equitable sharing of the benefits arising out of the utilization of
biological resources;
(b) regulate by granting of approvals or otherwise requests for commercial utilization or bio-survey and bio-utilization of any
biological resource by Indians;
(c) perform such other functions as may he necessary to carry out the provisions of this Act or as may be prescribed by the
State Government.
Power of State Biodiversity Board to restrict certain activities
24.(1) Any citizen of India or a body corporate, organization or association registered in India intending to undertake any activity
referred to in section 7 shall give prior intimation in such form as may be prescribed by the State Government to the State
Biodiversity Board.
(2) On receipt of an intimation under sub-section (1), the State Biodiversity Board may, in consultation with the local bodies
concerned and after making such enquires as it conservation, may deem fit, by order, prohibit or restrict any such activity if it is of
opinion that such activity is detrimental or contrary to the objectives of conservation and sustainable use of biodiversity or equitable
sharing of benefits arising out of such activity:
Provided that no such order shall be made without giving an opportunity of being heard to the person affected.
(3) Any information given in the form referred to in sub-section (1) for prior intimation shall be kept confidential and shall not
be disclosed, either intentionally or unintentionally, to any person not concerned thereto.
Provisions of sections 9 to 17 to apply with modifications to State Biodiversity Board
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25. The provisions of sections 9 to 17 shall apply to a State Biodiversity Board and shall have effect subject to the following
modifications, namely:
(a) references to the Central Government shall be construed as references to the State Government;
(b) references to the National Biodiversity Authority shall be construed as references to the State Biodiversity Board;
Provisions of sections 9 to 17 to apply with modifications to State Biodiversity Board.
(c) reference to the Consolidated Fund of India shall be construed as reference to the Consolidated Fund of the State.
CHAPER - VII
Finance, Accounts and Audit of National Biodiversity Authority
Grants or loans by the Central Government
26. The Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the National
Biodiversity Authority by way of grants or loans such sums of money as the Central Government may think fit for being utilized for the
purposes of this Act.
Constitution of National Biodiversity Fund
27.(1) There shall be constituted a Fund to be called the National Biodiversity Fund and there shall be credited thereto --
(a) any grants and loans made to the National Biodiversity Authority under section 26;
(b) all charges and royalties received by the National Biodiversity Authority under this Act; and
(c) all sums received by the National Biodiversity Authority from such other sources as may be decided upon by the Central
Government.
(2) The Fund shall be applied for
(a) channeling benefits to the benefit claimers;
(b) conservation and promotion of biological resources and development of areas from where such biological resources or
knowledge associated thereto has been accessed;
(c) socio-economic development of areas referred to in clause (b) in consultation with the local bodies concerned.
Annual report of National Biodiversity Authority
28. The National Biodiversity Authority shall prepare, in such form and at such time each financial year as may be prescribed, its
annual report, giving a full account of its activities during the previous financial year and furnish, to the Central Government, before
such date as may be prescribed, its audited copy of accounts together with auditors report thereon.
Budget accounts and audit
29.(1) The National Biodiversity Authority shall prepare a budget, maintain proper accounts and other relevant records (including the
accounts and other relevant records of the� National Biodiversity Fund) and prepare an annual statement of account in such form as
may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the National Biodiversity Authority shall be audited by the Comptroller and Auditor-General of India at such
intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the National
Biodiversity Authority to the Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any other person appointed by him in connection with the audit of the
accounts of the National Biodiversity Authority shall have the same rights and privileges and authority in connection with such audit
as the Comptroller and Auditor-General generally has in connection with the audit of the Government accounts and, in particular, shall
have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any
of the offices of the National Biodiversity Authority.
(4) The accounts of the National Biodiversity Authority as certified by the Comptroller and Auditor- General of India or any other
person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government.
Annual Report to be laid before parliament
30. The Central Government shall cause the annual report and auditor's report to be laid, as soon as may be after they are
received, before each House of Parliament.
CHAPTER - VIII
Finance, Accounts and Audit of State Biodiversity Board
Grants of money by State Government to State Biodiversity Board
31. The State Government may, after due appropriation made by the State Legislature by law in this behalf, pay to the State
Biodiversity Board by way of grants or loans such sums of money as the State Government may think fit for being utilized
for the purposes of this Act.
Constitution of State Biodiversity Fund
32.(1) There shall be constituted a Fund to be called the State Biodiversity Fund and there shall be credited thereto-
(a) any grants and loans made to the State Biodiversity Board under section 31;
(b) any grants or loans made by the National Biodiversity Authority;
(c) all sums received by the State Biodiversity Board from such other sources as may be decided upon by the State
Government.
(2) The State Biodiversity Fund shall be applied for
(a) the management and conservation of heritage sites;
(b) compensating or rehabilitating any section of the people economically affected by notification under sub -section (1) of
section 37;
(c) conservation and promotion of biological resources;
(d) socio-economic development of areas from where such biological resources or knowledge associated thereto has been
accessed subject to any order made under section 24, in consultation with the local bodies concerned;
(e) meeting the expenses incurred for the purposes authorized by this Act.
Annual report of State Biodiversity Board
33. The State Biodiversity Board shall prepare, in such form and at such time in each financial year as may be prescribed, its
annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the State
Government.
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Audit of accounts of State Biodiversity Board
34. The accounts of the State Biodiversity Board shall be maintained and audited in such manner as may, in consultation with
the Accountant-General of the State, be prescribed and the State Biodiversity Board shall furnish, to the State Government, before
such date as may be prescribed, its audited copy of accounts together with auditor's report thereon.
Annual Report of State Biodiversity Board to be laid before State Legislature
35. The State Government shall cause the annual report and auditor's report to be laid, as soon as may be after they are
received, before the House of State Legislature.
CHAPTER - IX
Duties of the Central and the State Governments
Central Government to develop National strategies plans. Etc., for conservation, etc., of biological diversity
36.(1) The Central Government shall develop national strategies, plans, programmes for the conservation and promotion and
sustainable use of biological diversity including measures for identification and monitoring of areas rich in biological resources,
promotion of in situ, and ex situ, conservation of biological resources, incentives for research, training and public education to
increase awareness with respect to biodiversity.
(2) Where the Central Government has reason to believe that any area rich in biological diversity, biological resources and their
habitats is being threatened by overuse, abuse or neglect, it shall issue directives to the concerned State Government to take
immediate ameliorative measures, offering such State Government any technical and other assistance that is possible to be provided
or needed.
(3) The Central Government shall, as far as practicable wherever it deems appropriate, integrate the conservation, promotion
and sustainable use of biological diversity into relevant sectoral or cross-sectoral plans, programmes and policies.
4) The Central Government shall undertake measures,-
(i) wherever necessary, for assessment of environmental impact of that project which is likely to have adverse effect on
biological diversity, with a view to avoid or minimize such effects and where appropriate provide for public participation in such
assessment;
(ii) to regulate, manage or control the risks associated with the use and release of living modified organisms resulting from
biotechnology likely to have adverse impact on the conservation and sustainable use of biological diversity and human health.
(5) The Central Government shall endeavour to respect and protect the knowledge of local people relating to biological diversity,
as recommended by the National Biodiversity Authority through such measures, which may include registration of such knowledge at
the local, State or national levels, and other measures for protection, including sui generis system.
Explanation:-For the purposes of this section,
(a) "ex situ conservation means the conservation of components of biological diversity outside their natural habitats;
(b) "in situ conservation" means the conservation of ecosystems and natural habitats and the maintenance and recovery of
viable populations of species in their natural surroundings and, in the case of domesticated or cultivated species, in the surroundings
where they have developed their distinctive properties.
Biodiversity heritage sites
37.(1) Without prejudice to any other law for the time being in force, the State Government may, from time to time in consultation
with the local bodies, notify in the Official Gazette, areas of biodiversity importance as biodiversity heritage sites under this Act.
(2) The State Government, in consultation with the Central Government, may frame rules for the management and conservation
of all the heritage sites.
(3) The State Government shall frame schemes for compensating or rehabilitating any person or section of people economically
affected by such notification.
Power of Central Government to notify threatened species
38. Without prejudice to the provisions of any other law for the time being in force, the Central Government, in consultation with
the concerned State Government, may from time o time notify any species which is on the verge of extinction or likely to become
extinct in the near future as a threatened species and prohibit or regulate collection thereof for any purpose and take appropriate
steps to rehabilitate and preserve those species.
Power of Central Government to designate repositories
39.(1) The Central Government may, in consultation with the National Biodiversity Authority, designate institutions as repositories
under this Act for different categories of biological resources.
(2) The repositories shall keep in safe custody the biological material including voucher specimens deposited with them.
(3) Any new taxon discovered by any person shall be notified to the repositories or any institution designated for this purpose
and he shall deposit the voucher specimens with such repository or institution.
Power of Central Government to exempt certain biological resources
40. Notwithstanding anything contained in this Act, the Central Government may, in consultation with the National Biodiversity
Authority, by notification in the Official Gazette, declare that the provisions of this Act shall not apply to any items, including biological
resources normally traded as commodities.
CHAPTER - X
Biodiversity Management Committees
Constitution of Biodiversity Management Committee
41.(1) Every local body shall constitute a Biodiversity Management Committee within its area for the purpose of promoting
conservation, sustainable use and documentation of biological diversity including preservation of habitats, conservation of land races,
folk varieties and cultivars, domesticated stocks and breeds of animals and microorganisms and chronicling of knowledge relating to
biological diversity.
Explanation.- For the purposes of this sub-section,
(a) "cultivar" means a variety of plant that has originated and persisted under cultivation or was specifically bred for the
purpose of cultivation;
(b) "folk variety" means a cultivated variety of plant that was developed, grown and exchanged informally among farmers;
(c) landrace means primitive cultivar that was grown by ancient farmers and their successors.
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(2) The National Biodiversity Authority and the State Biodiversity Boards shall consult the Biodiversity Management Committees
while taking any decision relating to the use of biological resources and knowledge associated with such resources occurring within the
territorial jurisdiction of the Biodiversity Management Committee.
(3) The Biodiversity Management Committees may levy charges by way of collection fees from any person for accessing or
collecting any biological resource for commercial purposes from areas falling within its territorial jurisdiction.
CHAPTER - XI
Local, Biodiversity Fund
Grants to Local Biodiversity Fund
42. The State Government may, after due appropriation made by State Legislature by law in this behalf, pay to the Local
Biodiversity Funds by way of grants or loans such sums of money as the State Government may think fit for being utilized for the
purposes of this Act.
Constitution of Local Biodiversity Fund
43.(1) There shall be constituted a Fund to be called the Local Biodiversity Fund at every area notified by the State Government
where any institution of self-government is functioning and there shall be credited thereto-
(a) any grants and loans made under section 42;
(b) any grants or loans made by the National Biodiversity Authority;
(c) any grants or loans made by the State Biodiversity Boards;
(d) fees referred to in sub-section (3) of section 41 received by the Biodiversity Management Committees;
(e) all sums received by the Local Biodiversity Fund from such other sources as may be decided upon by the State Government.
Application of Local Biodiversity Fund
44.(1) Subject to the provisions of sub-section (2), the management and the custody of the Local Biodiversity Fund and the purposes
for which such Fund shall be applied, be in the manner as may be prescribed by the State Government. �
(2) The Fund shall be used for conservation and promotion of biodiversity in the areas falling within the jurisdiction of the
concerned local body and for the benefit of the community in so far such use is consistent with conservation of biodiversity.
Annual Report of Biodiversity Management Committees
45. The person holding the custody of the Local Biodiversity Fund shall prepare, in such form and during each financial year at
such time as may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit
a copy thereof to the concerned local body.
Audit of accounts of Biodiversity Management Committees
46. The accounts of the Local Biodiversity Fund shall be maintained and audited in such manner as may, in consultation with the
Accountant-General of the State, be prescribed and the person holding the custody of the Local Biodiversity Fund shall furnish, to the
concerned local body, before such date as may be prescribed, its audited copy of accounts together with auditor's report thereon.
Annual report, etc, of the Biodiversity Management Committee to be submitted to district Magistrate
47. Every local body constituting a Biodiversity Management Committee under sub-section (1) of section 41, shall cause, the
annual report and audited copy of accounts together with auditor's report thereon referred to in sections 45 and 46, respectively and
relating to such Committee to be submitted to the District Magistrate having jurisdiction over the area of the local body.
CHAPTER - XII
Miscellaneous
National Biodiversity Authority to be bound by the directions given by Central Government
48.(1) Without prejudice to the foregoing provisions of this Act, the National Biodiversity Authority shall, in the discharge of its
functions and duties under this Act, be bound by such directions on questions of policy as the Central Government may give in writing
to it from time to time.
Provided that the National Biodiversity Authority shall, as far as practicable, be given opportunity to express its views before any
direction is given under this sub-section.
(2) The decision of the Central Government whether a question is one of policy or not shall be final.
Power of State Government to give Directions
49.(1) Without prejudice to the foregoing provisions of this Act, the State Biodiversity Board shall, in the discharge of its functions and
duties under this Act, be bound by such directions on questions of policy as the State Government may give in writing to it from time
to time:
Provided that the State Biodiversity Board shall, as far as practicable, be given an opportunity to express its views before any
direction is given under this sub-section.
(2) The decision of the State Government whether a question is one of policy or not shall be final.
Settlement of disputes between State Biodiversity Boards
50.(1) If a dispute arises between the National Biodiversity Authority and a State Biodiversity Board, the said Authority or the Board,
as the case may be, may prefer an appeal to the Central Government within such time as ma be prescribed.
(2) Every appeal made under sub-section (1) shall be in such form as may be pre�scribed by the Central Government.
(3) The procedure for disposing of an appeal shall be such as may be prescribed by the Central Government:
Provided that before disposing of an appeal, the parties shall be given a reasonable opportunity of, being heard.
(4) If a dispute arises between the State Biodiversity Boards, the Central Government shall refer the same to the National
Biodiversity Authority.
(5) While adjudicating any dispute under sub-section (4), the National Biodiversity Authority shall be guided by the principles of
natural justice and shall follow such proce�dure as may be prescribed by the Central Government.
(6) The National Biodiversity Authority shall have, for the purposes of discharging its functions under this section, the same
powers as are vested in a civil court under the Code of Civil Procedure, 1908 in respect of the following matters, namely�
(d) issuing commissions for the examination of witnesses or documents;
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(e) reviewing its decisions; dismissing an application for default or deciding it ex parte;
(g) setting aside any order of dismissal of any application for default or any order passed by it ex parte;
(h) any other matter which may be prescribed.
(7) Every proceeding before the National Biodiversity Authority shall be deemed to be a judicial proceeding within the meaning
of sections 193 and 228, and for the purpose of section 196, of the Indian Penal Code and the National Biodiversity Authority shall be
deemed to be a civil court for all the purposes of section 195 and Chapter XXV1 of the Code of Criminal Procedure, 1973.
Members, officers, etc., of National Biodiversity Authority and State Biodiversity Board deemed to be public servants
51. All members, officers and other employees of the National Biodiversity Authority or the State Biodiversity Board shall be
deemed, when acting or purporting to act in pursuance of any of the provisions, of this Act, to be public servants within the meaning
of section 21 of the Indian Penal Code.
Appeal
52. Any person, aggrieved by any determination of benefit sharing or order of the National Biodiversity Authority or a State
Biodiversity Board under this Act, may file an appeal to t ' he High Court within thirty days from the date of communication to him, of
the determination or order of the National Biodiversity Authority or the State Biodiversity Board, as the case may be:
Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal-within
the said period, allow it to be filed within a further period not exceeding sixty days.
Execution of determination or order
53. Every determination of benefit sharing or order made by the National Biodiversity Authority or a State Biodiversity Board
under this Act or the order made by the High Court in any appeal against any determination or order of the National Biodiversity
Authority or a State Biodiversity Board shall, on a certificate issued by any officer of the National Biodiversity Authority or a State
Biodiversity Board or the Registrar of the High Court, as the case may be, be deemed to be decree of the civil court and shall be
executable in the same manner as a decree of that court.
Explanation.- For the purposes of this section and section 52, the expression State Biodiversity Board" includes the person or group of
persons to whom the powers or functions under sub-section (2) of section-22 have been delegated under the proviso to that sub-
section and the certificate relating to such person or group of persons under this section shall be issued by such person or group of
persons, as the case may be.
Protection of action taken in good faith
54. No suit, prosecution or other legal proceedings shall lie against the Central Government or the State Government or any
officer of the Central Government or the State Government or any member, officer or employee of the National Biodiversity Authority
or the State Biodiversity Board for anything which is in good faith done or intended to he done under this Act or the rules or
regulations made thereunder.
Penalties
55.(1) Whoever contravenes or to or abets the contravention of the provisions of section 3 or section 4 or section 6 shall be
punishable with imprisonment for a term which may extend to five years, or with fine which may extend to ten lakh rupees and where
the damage caused exceeds tend lakh rupees such fine may commensurate with the damage caused, or with both.
(2) Whoever contravenes or attempts to contravene or abets the contravention of the provisions of section 7 or any order made
under sub-section (2) of section 24 shall be punishable with imprisonment for a term which may extend to three years, or with fine
which may extend to five lakh rupees, or with both.
Penalty for contravention of directions or orders of Central government, State government, National Biodiversity
Authority and State Biodiversity Boards
56. If any person contravenes any direction given or order made by the Central Government, the State Government, the
National Biodiversity Authority or the State Biodiversity Board for which no punishment has been separately provided under this Act,
he shall be punished with a fine which may extend to one lakh rupees and in case of a second or subsequent offence, with fine which
may extend to two lakh rupees and in the case of continuous contravention with additional fine which may extend to two lakh rupees
everyday during which the default continues.
Offences by companies
57.(1) Where an offence or contravention under this Act has been committed by a company, every person who at the time the offence
or contravention was committed was in charge of, and was responsible to, the company for the conduct of the business of the
company, as well as the company, shall be deemed to be guilty of the offence or contraven tion and shall be liable to be proceeded
against and punished accordingly:
proves that the offence or contravention was committed without his knowledge or that he had exercised all due diligence to prevent
the commission of such offence or contravention.
(2) Notwithstanding anything contained in sub-section (1), where an offence or contravention under this Act has been
committed by a company and it is proved that the offence or contravention has been committed with the consent or connivance of, or
is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager,
secretary or other officer shall also be deemed to be guilty of the offence or contravention and shall be liable to be proceeded against
and punished accordingly.
Explanation. -For the purposes of this section,
(a) "company" means any body corporate and includes a firm or other association of individuals; and
Offences to be cognizable and non-bailable
58. The offences under this Act shall be cognizable and non-bailable.
Act to have effect in addition to other Acts
59. The provisions of this Act shall be in addition to, and not in derogation of, the provisions in any other law, for the time being
in force, relating to forests or wildlife.
Power of Central Government to giver directions to State Government
60. The Central Government may give directions to any State Government as to the carrying into execution in the State of any
of the provisions of this Act or of any rule or regulation or order made thereunder.
Cognizance of offences
61. No Court shall take cognizance of any offence under this Act except on a complaint made by
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(a) the Central Government or any authority or officer authorized in this behalf by that Government; or
(b) any benefit claimer who has given notice of not less than thirty days in the prescribed manner, of such offence and
of his intention to make a complaint, to the Central Government or the authority or officer authorized as aforesaid.
Power of Central Government to make rules
62.(1) The Central Government may' by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for A or any of the
following matters, namely:
(a) terms and conditions of service of the Chairperson and members under section 9;
(b) powers and duties of the Chairperson under section 10;
(c) procedure under sub-section (1) of section 12 in regard to transaction of business at meetings,
(d) form of application and payment of fees for undertaking certain activities under sub-section (1) of section 19;
(e) the form and manner of making an application under sub-section (2) of section 19;
(f) form of application and the manner for transfer of biological resource or knowledge under sub-section (2) of
section 20;
(g) form in which, and the time of each financial year at which, the annual report of the National Biodiversity Authority
shall be prepared and the date before which its audited copy of accounts together with auditor's report thereon
shall be furnished under section 28;
(h) form in which the annual statement of account shall be prepared under subsection (1) of section 29;
(i) the time within which and the form in which, an appeal may be preferred, the procedure for disposing of an appeal
and the procedure for adjudication, under section 50;
(j) the additional matter in which the National Biodiversity Authority may exercise powers of the civil court under
clause (h) of sub-section (6) of section 50;
(k) the manner of giving notice under clause (b) of section 61;
(1) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules.
(3) Every rule made under this section and every regulation made under this Act shall be laid, as soon as may he after it is
made, before each House of Parliament, while it Is in session or a total period of thirty days which may be comprised in one session or
in two or more successive sessions, and if, before the expiry of the session immediately following. The session or the successive
sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or
regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the
case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously
done under that rule or regulation.
Power of State Government to make rules
63.(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the
following matters, namely:
(a) the other functions to be performed by the State Biodiversity Board under clause (c) of section 23;
(b) the form in which the prior intimation shall be given under sub-section (1) of section 24;
(c) the form in which, and the time of each financial year at which, the annual report shall be prepared under section
33;
(d) the manner of maintaining and auditing the accounts of the State Biodiversity Board and the date before which its
audited copy of the accounts together with auditor's report thereon shall be furnished under section 34;
(e) management and conservation of national heritage sites under section 37;
(f) the manner of management and custody of the Local Biodiversity Fund and the purposes for which such Fund shall
be applied under sub-section (1) of section 44;
(g) the form of annual report and the time at which such report shall be prepared during each financial year under
section 45;
(h) the manner of maintaining and auditing the accounts of the Local Biodiversity Fund and the date before which its
audited copy of the accounts together with auditor's report thereon shall be furnished under section 46;
(i) any other matter which is to be, or may be, specified.
(3) Every rule made by the State Government under this section shall he laid, as soon as may be after it is made, before each
House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.
Power of remove difficulties
64. The National Biodiversity Authority shall, with the previous approval of the Central Government, by notification in the Official
Gazette, make regulations for carrying out the purposes of this Act.
Power to remove difficulties
65.(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, not inconsistent with
the provisions of this Act, remove the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be, after it is made, before each House of Parliament.
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THE BIOLOGICAL DIVERSITY RULES, 2004
NOTIFICATION
New Delhi, Thursday, April 15, 2004
G.S.R. 261 (E) - In exercise of the powers conferred by section 62 of the Biological Diversity Act , 2002, and in supersession of
the National Biodiversity Authority ( salary, Allowances and conditions of service of Chairperson and other Members ) Rules, 2003
except as respect to things done or omitted to be done before such supersession, the Central Government hereby makes the
following rules namely:-
Short title and commencement
(1) These rules may be called the Biological Diversity Rules, 2004.
(2) Thus shall come into force on 15th April, 2004.
2. Definitions
In these rules, unless the context otherwise requires, -
– “Act” means the Biological Diversity Act 2002 ( 18 of 2003);
– “Authority” means the National Biodiversity Authority established under sub- section (1) of Section 8,
– “Biodiversity Management Committee” means a Biodiversity Management Committee established by a local body under sub-
section (1) of Section 41;
– “Chairperson” means the chairperson of the National Biodiversity Authority or as the case may be, of the State Biodiversity
Board.
– “fee” means any fee stipulated in the Schedule;
– “Form” means form annexed to these rules;
– “Member” means a member of the National Biodiversity Authority or a State Biodiversity Board and includes the chairperson as
the case may be;
– “section” means a section of the Act;
– “Secretary” means the full time Secretary of the Authority.
– words and expressions used but not defined in these rules and defined in the Act shall have the meaning respectively
assigned to them in the Act.
3. Manner of selection and appointment of the Chairperson
(1) The Chairperson of the Authority shall be appointed by the Central Government.
(2) Every appointment of Chairperson under sub-section (1) shall be made either on deputation basis or by selection from
outside the Central Government. In case the appointment is through deputation, the applicant should not be below the rank
of Additional Secretary to the Government of India.
4. Term of Office of the Chairperson
(1) The Chairperson of the Authority shall hold the office for a term of three years’ and shall be eligible for re-appointment,
(2) Provided that no Chairperson shall hold office as such after he attains the age of sixty five years or his term of office expires
which is earlier.
(3) The Chairperson may resign from his office by giving at least one month notice in writing to the Central Government.
5. Pay and Allowances of Chairperson :-
A Chairperson shall be entitled to a fixed pay of Rs. 26,000/- per month. In case of retired person is appointed as Chairperson,
his pay shall be fixed in accordance with the orders of the Central Government as applicable to such persons. .
A Chairperson shall be entitled to such allowances, leave, pension, provident fund, house and other perquisites etc. to be decided
by the Central Government from time to time.
6. Term of Office and Allowances of non-official Members. -
Every non-official member of the Authority shall hold his office for a term not exceeding three years at a time from the date of
publication of his appointment in the official Gazette.
Every non-official member attending the meeting of the Authority shall be entitled to sitting allowance, traveling expenses, daily
allowance and such other allowances as are applicable to non-official member of commissions and committees of the Central
Government attending the meeting (s) of such Commissions or Committees.
7. Filling up of vacancies of non-official members
(1) A non-official member of the Authority may resign his office at any time by giving in writing under his hand addressed to the
Central Government and the seat of that member in the Authority shall become vacant.
(2) A casual vacancy of a non-official member in the Authority shall be filled up by a fresh nomination and the person
nominated to fill the vacancy shall hold office only for the remainder of the term of the member in whose place he was
nominated.
8. Removal of the members of the Authority.
No member of the Authority shall be removed from his office on any ground specified in section 11, without a due and proper
enquiry by an officer not below the rank of a Secretary to the Government of India appointed by the Central Government and
without giving such member a reasonable opportunity of being heard.
9. Secretary of the Authority
(1) The Authority shall appoint a Secretary to it.
(2) The terms and conditions of the appointment of the Secretary shall be determined by the Authority by regulation.
(3) The Secretary shall be responsible for co-coordinating and convening the meetings of the Authority, maintenance of the
records of the proceedings of the Authority and such other matters as may be assigned to him by the Authority.
10. Meetings of the Authority
(1) The Authority shall meet at least four times in a year normally after a period of three months at the Head quarters of the
Authority or at such place as may be decided by the Chairperson.
(2) The Chairperson shall, upon a written request from not less than five Members of the Authority or upon a direction of the
Central Government, call a special meeting of the Authority.
(3) The members shall be given at least fifteen days’ notice for holding an ordinary meeting and at least three days’ notice for
holding a special meeting specifying the purpose, the time and the place at which such meeting is to be held.
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(4) Every meeting shall be presided over by the Chairperson and in his absence, by a presiding officer to be elected by the
members present from amongst themselves.
(5) The decision of the Authority at a meeting shall, if necessary, be taken by a simple majority of the Members present and
voting and the Chairperson or in his absence, the Member presiding shall have a second or casting vote.
(6) Each member shall have one vote.
(7) The quorum at every meeting of the Authority shall be five.
(8) No Member shall be entitled to bring forward for the consideration of a meeting any matter of which he has not given ten
days’ notice unless the Chairperson in his discretion permits him to do so.
(9) Notice of the meeting may be given to the Members by delivering the same by messenger or sending it by registered post to
his last known place of residence or business or in such other manner as the Secretary of the Authority may, in the
circumstances of the case, think fit.
11. Appointment of Expert Committee by the Authority and their entitlements :-
(1) The Authority may constitute any number of Committees for such purposes as it may deem fit consisting wholly of members
or wholly of other persons or partly of members or partly of other persons.
(2) The members of the Committee other than the members of the Authority shall be paid such fees and allowances for
attending the meetings as the Authority may deem fit.
12. General functions of the Authority :-
The Authority may perform the following functions; namely :-
• lay down the procedure and guidelines to govern the activities provided under sections 3 ,4 and 6 ;
• advise the Central Government on any matter concerning conservation of bio-diversity, sustainable use of its components
and fair and equitable sharing of benefits arising out of the use of biological resource and knowledge;
• coordinate the activities of the State Bio-diversity Boards;
• provide technical assistance and guidance to the State Bio-diversity Boards;
• commission studies and sponsor investigations and research;
• engage consultants, for a specific period, not exceeding three years, for providing technical assistance to the Authority in
the effective discharge of its functions:
• Provided that if it is necessary and expedient to engage any consultant beyond the period of three years, the Authority shall
seek prior approval of the Central Government for such an engagement.
• collect, compile and publish technical and statistical data, manuals, codes or guides relating to conservation of bio-
diversity, sustainable use of its components and fair and equitable sharing of benefits arising out of the use of biological
resource and knowledge;
• organise through mass media a comprehensive programme regarding conservation of bio-diversity, sustainable use of its
components and fair and equitable sharing of benefits arising out of the use of biological resource and knowledge.
• plan and organise training of personnel engaged or likely to be engaged in programmes for the conservation of bio-diversity
and sustainable use of its components;
• prepare the annual Budget of the Authority incorporating its own receipts as also the devaluation from the Central
Government provided that the allocation by the Central Government shall be operated in accordance with the budget
provisions approved by the Central Government;
• recommend creation of posts to the Central Government, for effective discharge of the functions by the Authority and to
create such posts, provided that no such post whether permanent/ temporary or of any nature, would be created without
prior approval of the Central Government;
• approve the method of recruitment to the officers and servants of the Authority;
• take steps to build up data base and to create information and documentation system for biological resources and associated
traditional knowledge through bio-diversity registers and electronics data bases, to ensure effective management, promotion
and sustainable uses;
• give directions to State Bio-diversity Boards and the Bio-diversity Management Committees in writing for effective
implementation of the Act ;
• report to the Central Government about the functioning of the Authority and implementation of the Act ;
• recommend, modify, collection of benefit sharing fee under sub section (1) of Section 6 or Changes of royalties under sub-
section (2) of section 19 in respect of biological resources from time to time ;
• sanction grants-in-aid and grants to the State Bio-diversity Board and Bio-diversity Management Committees for specific
purposes;
• undertake physical inspection of any area in connection with the implementation of the Act ;
• take necessary measures including appointment of legal experts to oppose grant of intellectual property right in any country
outside India on any biological resource and associated knowledge obtained from India in an illegal manner;
• do such other functions as may be assigned or directed by the Central Government from time to time.
13. Powers and duties of Chairperson
(1) The Chairperson shall have the overall control of the day- to -day activities of the Authority.
(2) Subject to the provisions of Section 10, the Chairperson shall have the powers of general superintendence over the officers
and staff of the Authority and he may issue necessary directions for the conduct and management of the affairs of the
Authority.
(3) The Chairperson shall be In charge of all the confidential papers and records of the Authority and shall be responsible for
their safe custody.
(4) All orders and instructions to be issued by the Authority shall be under the signature of the Chairperson or of any other
officer authorized by the Chairperson in this behalf.
(5) The Chairperson, either himself or through an officer of the authority authorized for the purpose, may sanction and disburse
all payments against the approved budget.
(6) The Chairperson shall have full powers for granting administrative and technical sanction to all estimates.
(7) The Chairperson shall convene and preside over all the meetings of the Authority and shall ensure that all decisions taken by
the Authority are implemented in proper manner.
(8) The Chairperson shall exercise such other powers and perform such other functions as may be delegated to him from time to
time by the Authority or the Central Government.
14. Procedure for access to biological resources and associated traditional knowledge
(1) Any person seeking approval of the Authority for access to biological resources and associated knowledge for research or for
commercial utilization shall make an application in Form I.
(2) Every application under sub-rule (1) shall be accompanied by a fee of ten
thousand rupees in the form of a cheque or demand draft drawn in favour of the Authority.
(3) The Authority shall after consultation with the concerned local bodies and collecting such additional information from the
applicant and other sources, as it may deem necessary, dispose of the application, as far as possible, within a period of six
months from the date of its receipts.
(4) On being satisfied with the merit of the application, the Authority may grant the approval for access to biological resources
and associated knowledge subject to such term and conditions as it may deem fit to impose.
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(5) The approval to access shall be in the form of a written agreement duly signed by an authorized officer of the Authority and
the applicant.
(6) The form of the agreement referred to in sub-rule (5) shall be laid down by the Authority and shall include the following ;
namely :-general objectives and purpose of the application for seeking approval ;
– description of the biological resources and traditional knowledge including accompanying information;
– intended uses of the biological resources (research, breeding, commercial utilization etc.)
– conditions under which the applicant may seek intellectual property rights;
– quantum of monetary and other incidental benefits. If need be, a commitment to enter into a fresh agreement
particularly in case if the biological material is taken for research purposes and later on sought to be used for
commercial purposes, and also in case of any other change in use thereof subsequently.
– restriction to transfer the accessed biological resources and the traditional knowledge to any third party without
prior approval of Authority;
– to adhere to a limit set by the Authority on the quantity and specification of the quality of the biological resources
for which the applicant is seeking access;
– guarantee to deposit a reference sample of the biological material sought to be accessed with the repositories
identified in Section 39;
– submitting to the Authority a regular status report of research and other developments;
– commitment to abide with the provisions of Act and rules and other related legislations in force in the country ;
– commitment to facilitate measures for conservation and sustainable use of biological resources accessed ;
– commitment to minimize environmental impacts of collecting activities ;
– legal provisions such as duration of the agreement, notice to terminate the agreement, independent enforceability
of individual clauses, provision to the extent that obligations in benefit sharing clauses survive the termination of
the agreement, events limiting liability (natural calamities), arbitration, any confidentiality clause.
(7) The conditions for access may specifically provide measures for conservation and protection of biological resources to which
the access is being granted.
(8) The Authority may for reasons to be recorded in writing reject an application if it considers that the request cannot be
acceded to.
(9) No application shall be rejected unless the applicant is given a reasonable opportunity of being heard.
(10) The Authority shall take steps to widely publicize the approvals granted, through print or electronic media and shall
periodically monitor compliance of conditions on which the approval was accorded.
15. Revocation of access or approval . -
(1) The Authority may either on the basis of any complaint or suo moto withdraw the approval granted for access under rule 15
and revoke the written agreement under the following conditions ; namely:-
• on the basis of reasonable belief that the person to whom the approval was granted has violated any of the provisions of
the Act or the condition on which the approval was granted ;
• when the person who has been granted approval has failed to comply with the terms of the agreement ;
• on failure to comply with any of the conditions of access granted;
• on account of overriding public interest or for protection of environment and conservation of biological diversity;
(2) The Authority shall send a copy of every order of revocation issued by it to the concerned State Biodiversity Board and the
Biodiversity Management Committees for prohibiting the access and also to assess the damage, if any, caused and take steps to
recover the damage.
16. Restriction on activities related to access to biological resources. -
(1) The Authority if it deems necessary and appropriate shall take the steps to restrict or prohibit the request for access to
biological resources for the following reasons ; namely :-
• the request for access is for any endangered taxa ;
• the request for access is for any endemic and rare species;
• the request for access may likely to result in adverse effect on the livelihoods of the local people;
• the request to access may result in adverse environmental impact which may be difficult to control and mitigate;
• the request for access may cause genetic erosion or affecting the ecosystem function;
• use of resources for purposes contrary to national interest and other related international agreements entered into by India.
17. Procedure for seeking approval for transferring results of research.-
• Any person desirous of transferring results of research relating to biological resources obtained from India for monetary
consideration to foreign nationals, companies and Non Resident Indians (NRIs), shall make an application to the Authority in
the Form II.
• Every application under sub-rule (i) shall be accompanied by a fee of five thousand rupees in the form of a Bank draft or
Cheque drawn in favour of the Authority.
• Every application under sub-rule (i) shall be decided upon by the Authority, as far as possible within a period of three
months from the receipt of the same.
• On being satisfied that the applicant has fulfilled all the requirements, the Authority may grant the approval for transferring
the results of research subject to such terms and conditions as it may deem fit to impose in each case.
• The approval for transfer shall be granted in the form of a written agreement duly signed by an authorized officer of the
Authority and the applicant. The form of the agreement shall be such as may be decided by the Authority.
• The Authority may for reasons to be recorded in writing reject an application if it considers that the application cannot be
allowed;
• Provided that the application shall be rejected unless the applicant has been given a reasonable opportunity of being heard.
• 18. Procedure for seeking prior approval before applying for intellectual property protection. -
• Any person desirous of applying for a patent or any other intellectual property based on research on biological material and
knowledge obtained from India shall make an application in Form III.
• Every application under sub-rule (1) shall be accompanied by paying a fee of five hundred rupees.
• The Authority after due appraisal of the application and after collecting any additional information, on the basis of merit
shall decide on the application, as far as possible within a period of three months of receipt of the same.
• On being satisfied that the applicant has fulfilled all the necessary requirements, the Authority may grant approval for
applying for a patent or any other IPR subject to such terms and conditions as it may deem fit to impose in each case.
• The approval shall be granted in the form of a written agreement duly signed by an authorized officer of the Authority and
the applicant. The form of the agreement may be decided by the Authority.
• The Authority may reject the application if it considers that the request cannot be acceded to after recording the reasons.
Before passing order of rejection, the applicant shall be given an opportunity of hearing.
19. Procedure for third party transfer under sub-section (2) of Section 20.-
• The persons who have been granted approval for access to biological resources and associated knowledge, intend to transfer
the accessed biological resource or knowledge to any other person or organization shall make an application to the
Authority in Form IV.
HRR/MSU/ES/905/U1/201112 284 OF 290

• Every application under sub-rule (1) shall be accompanied by a fee of ten thousand rupees in the form of Bank draft or
cheque drawn in favour of the Authority.
• The Authority shall after collecting any additional information, decide upon the application as far as possible within a period
of six months of receipt of the same.
• On being satisfied that the applicant has fulfilled all the necessary requirements, the Authority may grant approval for third
party transfer subject to such terms and conditions it may deem fit to impose in each case.
• The approval as may be granted under sub-rule (4) in the form of a written agreement duly signed by an authorized officer
of the Authority and the applicant. The form of the agreement shall be such as may be decided by the Authority.
• The Authority may for reasons to be recorded in writing reject the application if it considers that the request cannot be
acceded to provided that no application shall be rejected unless the applicant has been given an opportunity of being heard.
20. Criteria for equitable benefit sharing (Section 21)
• The Authority shall by notification in the Official Gazette formulate the guidelines and describe the benefit sharing formula.
• The guidelines shall provide for monetary and other benefits such as royalty; joint ventures; technology transfer; product
development; education and awareness raising activities; institutional capacity building and venture capital fund.
• The formula for benefit sharing shall be determined on a case-by case basis.
• The Authority while granting approval to any person for access or for transfer of results of research or applying for patent
and IPR or for third party transfer of the accessed biological resource and associated knowledge may impose terms and
conditions for ensuring equitable sharing of the benefits arising out of the use of accessed biological material and associated
knowledge.
• The quantum of benefits shall be mutually agreed upon between the persons applying for such approval and the Authority in
consultation with the local bodies and benefit claimers and may be decided in due regard to the defined parameters of
access, the extent of use, the sustainability aspect, impact and expected outcome levels, including measures ensuring
conservation and sustainable use of biological diversity.
• Depending upon each case, the Authority shall stipulate the time frame for assessing benefit sharing on short, medium, and
long term benefits.
• The Authority shall stipulate that benefits shall ensure conservation and sustainable use of biological diversity.
• Where biological resources or knowledge is accessed from a specific individual or a group of individuals or organizations, the
Authority may take steps to ensure that the agreed amount is paid directly to them through the district administration.
Where such individuals or group of individuals or organizations cannot be identified, the monetary benefits shall be
deposited in the National Biodiversity Fund.
• Five percent of the assessed benefits shall be earmarked for the Authority or Board as the case may be , towards
administrative and service charges.
• (10) The Authority shall monitor the flow of benefits as determined under sub rule (4) in a manner determined by it.
21. Application of National Biodiversity Fund . -
(1) The National Biodiversity Fund shall be operated by the Chairperson or by such other officer of the Authority as may be
authorized in this regard
(2) The National Biodiversity Fund shall have two separate heads of accounts, one relating to the receipts from the Central
Government and the other concerning the fee, licence fee, royalty and other receipts of the Authority.
22. Constitution of Biodiversity Management Committees
(1) Every local body shall constitute a Biodiversity Management Committee (BMCs) within its area of jurisdiction.
(2) The Biodiversity Management Committee as constituted under sub-rule (1) shall consist of a Chairperson and not more
than six persons nominated by the local body, of whom not less than one third should be women and not les than 18%
should belong to the Scheduled Castes/Scheduled Tribes.
(3) The Chairperson of the Biodiversity Management Committee shall be elected from amongst the members of the committee
in a meeting to be chaired by the Chairperson of the local body. The Chairperson of the local body shall have the casting
votes in case of a tie .
(4) The Chairperson of the Biodiversity Management Committee shall have a tenure of three years.
(5) The local Member of Legislative Assembly/ Member of Legislative Council and Member of Parliament would be special
invitees to the meetings of the Committee.
(6) The main function of the BMC is to prepare People’s Biodiversity Register in consultation with local people. The Register shall
contain comprehensive information on availability and knowledge of local biological resources, their medicinal or any other
use or any other traditional knowledge associated with them.
(7) The other functions of the BMC are to advise on any matter referred to it by the State Biodiversity Board or Authority for
granting approval, to maintain data about the local vaids and practitioners using the biological resources.
(8) The Authority shall take steps to specify the form of the People’s Biodiversity Registers, and the particulars it shall contain
and the format for electronic database.
(9) The Authority and the State Biodiversity Boards shall provide guidance and technical support to the Biodiversity
Management Committees for preparing People’s Biodiversity Registers.
(10) The People’s Biodiversity Registers shall be maintained and validated by the Biodiversity Management Committees.
(11) The Committee shall also maintain a Register giving information about the details of the access to biological resources and
traditional knowledge granted, details of the collection fee imposed and details of the benefits derived and the mode of their
sharing.
23. Appeal for settlement of disputes under Section 50. -
• If a dispute arises between the Authority or a State Biodiversity Board or between one Board and other Board(s) on account
of implementation of any order or direction or on any issue of policy decision, either of the aggrieved parties i.e. , Authority
or the Board, as the case may be, prefer an appeal to the Central Government under section 50, in Form V to the
Secretary, Ministry of Environment and Forests, Government of India
• In case the dispute arises between a State Biodiversity Board and another state Biodiversity Board or Boards, the aggrieved
Board or Boards, shall prefer the point or points of dispute to the Central Government which shall refer the same to the
Authority.
• The memorandum of appeal shall state the facts of the case, the grounds relied upon by the appellant, for preferring the
appeal and the relief sought for.
• The memorandum of appeal shall be accompanied by an authenticated copy of the order, direction or policy decision, as the
case may be, by which the appellant is aggrieved and shall be duly signed by the authorised representative of the appellant.
• The memorandum of appeal shall be submitted in quadruplicate, either in person or through a registered post with
Acknowledgement due, within 30 days from the date of the orders, direction or policy decision, impunged provided that if
the Central Government is satisfied that there was good and sufficient reason for the delay in preferring the appeal, it may,
for reason to be recorded in writing, allow the appeal to be preferred after the expiry of the aforesaid period of 30 days but
before the expiry of 45 days from the date of the orders impugned, direction or policy decision, as the case may be.
• The notice for hearing of the appeal shall be given in Form VI by a registered post with an acknowledgement due.
• The Central Government shall, after hearing the appellant and the other parties, dispose of the appeal.
• In disposing of an appeal it may vary or modify or cancel impugned order, direction or policy, as the case may be.
HRR/MSU/ES/905/U1/201112 285 OF 290
• In adjudicating a dispute, the Authority shall be guided by the principles of natural justice and as far as practicable, follow
the same procedure which the Central Government is required to follow under this rule.
24. Manner of giving notice under Section Section 61
(1) The manner of giving notice, under clause (b) of section 61, shall be as follows namely:-
• The notice shall be in writing in Form VII.
• The person giving the notice may send it to ,-
• If the alleged offence has taken place in a Union territory, to the Chairperson of the National Bio-diversity Authority; and
• If the alleged offence has taken place in a State, to the Chairperson of the State Bio-diversity Board
(2) The notice referred to in sub-rule (1) shall be sent by registered post acknowledgement due; and
(3) The period of thirty days mentioned in clause (b) of section 61 shall be reckoned from the date, the notice is received by the
Authorities mentioned in sub-rule (1).
Schedule
FORM I
(see rule 14)
Application form for access to Biological resources and associated traditional knowledge
• Part A
– Full particulars of the applicant
– Name:
– Permanent address:
– Address of the contact person / agent, if any, in India:
– Profile of the organization (personal profile in case the applicant is an individual). Please attach relevant documents
of authentication):
– Nature of business:
– Turnover of the organization in US$:
2. Details and specific information about nature of access sought and biological material and associated knowledge to be
accessed
• Identification (scientific name) of biological resources and its traditional use:

• Geographical location of proposed collection:
• Description / nature of traditional knowledge ( oral / documented):
• Any identified individual / community holding the traditional knowledge:
• Quantity of biological resources to be collected (give the schedule):
• Time span in which the biological resources is proposed to be collected:
• Name and number of person authorized by the company for making the selection:
• The purpose for which the access is requested including the type and extent of research, commercial use being derived and
expected to be derived from it:
• Whether any collection of the resource endangers any component of biological diversity and the risks which may arise from
the access:
3. Details of any national institution which will participate in the Research and Development activities.
4. Primary destination of accessed resource and identity of the location where the R&D will be carried out.
5. The economic and other benefits including those arriving out of any IPR, patent obtained out of accessed biological resources
and knowledge that are intended, or may accrue to the applicant or to the country that he/she belongs
6. The biotechnological, scientific, social or any other benefits obtained out of accessed biological resources and knowledge that
are intended, or may accrue to the applicant or to the country that he/she belongs
7. Estimation of benefits, that would flow to India/ communities arising out of the use of accessed bioresources and traditional
knowledge
8. Proposed mechanism and arrangements for benefit sharing.
9. Any other information considered relevant.
Part B
Declaration
I/ we declare that:
– Collection of proposed biological resources shall not adversely affect the sustainability of the resources;
– Collection of proposed biological resources shall not entail any environmental impact;
– Collection of proposed biological resources shall not pose any risk to ecosystems;
– Collection of proposed biological resources shall not adversely affect the local communities;
I/we further declare the Information provided in the application form is true and correct and I /We shall be responsible for any
incorrect / wrong information.
Signed
Name
Title
Place
Date
FORM II
(see Rule 17)
Application for seeking prior approval of National Biodiversity Authority for transferring the results of research to
foreign nationals, companies, NRI`s, for commercial purposes.
1. Full particulars of the applicant

• i) Name
• ii) Address:
• iii)Professional profile
HRR/MSU/ES/905/U1/201112 286 OF 290
• iv)Organizational affiliation (Please attach relevant documents of
• authentication):
•
2. Details of the results of research conducted
3. Details of the Biological resources and /or associated knowledge used in the research.
4. Geo-graphical location from where the biological resources used in the research are collected
5 Details of any traditional knowledge used in the research and any identified individual /community holding the traditional
knowledge
6. Details of institution where R&D activities carried out.
7. Details of the individual / organization to whom the research results are intend to transfer.
8. Details of economic, biotechnological, scientific or any other benefits that are intended, or may accrue to the individual
/organization due to commercialization of transferred research results.
9. Details of economic, biotechnological, scientific or any other benefits that are intended, or may accrue to the applicant
seeking approval for transfer of results of research.
10. Details of any agreement or MOU between by the proposed recipient and applicant seeking approval for transfer of results of
research.
Declaration
I/we declare the Information provided in the application form is true and correct and I /We shall be responsible for any
Signed
Name
Title
Place
Date
FORM III
(See rule 18)
Application for seeking prior approval of National Biodiversity Authority for applying for Intellectual Property Right
• i) Name
• ii) Address:
• iii) Professional profile
• iv) Organizational affiliation (Please attach relevant documents of
• authentication):
2. Details of the invention on which IPRs sought
3. Details of the Biological resources and /or associated knowledge used in the invention.
4. Geo-graphical location from where the biological resources used in the invention are collected
5. Details of any traditional knowledge used in the in the invention and any identified individual /community holding the
traditional knowledge
6. Details of institution where Research and Development activities carried out.
7. Details of economic, biotechnological, scientific or any other benefits that are intended, or
may accrue to the applicant due commercialization of the invention.
Declaration
Signed
Name
Title
Place
Date
FORM IV
(See rule 19)
Application form for seeking approval of National Biodiversity Authority for third party transfer of the accessed Biological
resources and associated traditional knowledge.

– Name
– Address:
– Professional profile
– Organizational affiliation (Please attach relevant documents of authentication):
2. Details of the biological material and traditional knowledge accessed.
3. Details of the access contract entered (Copy to be enclosed)
4. Details of the benefits and mechanism / arrangements for benefit sharing already implemented.
5. Full particulars of the third part to whom the accessed material / knowledge is intended to transfer.
6. The purpose of the intended third party transfer.
HRR/MSU/ES/905/U1/201112 287 OF 290
7. Details of economic, social, biotechnological, scientific or any other benefits that are intended, or may accrue to the third
party due to transfer of accessed biological material and knowledge.
8. Details of any agreement to be entered between the applicant and the third party.
9. Estimation of benefits that would flow to India/ communities arising out of the third party transfer of accessed biological
resources and traditional knowledge
10. Proposed mechanism and arrangements for benefit sharing arising out of the proposed third party transfer.
11. Any other relevant information
Declaration
Signed
Name
Title
Place
Date
FORM V
(See rule-23(1)
Form of Memorandum of Appeal
BEFORE THE ________MINISTRY OF ENVIRONMENT AND FORESTS, NEW DELHI

OR
NATIONAL BIODIVERSITY AUTHORITY

(as the case may be)
(Memorandum of appeal under Section 50 of the Biological Diversity Act, 2002.)
Appeal No. ____________of 200

______________________
______________________ ……Appellant (s)
Vs.
_____________________
_____________________ ……Respondent(s)
• (here mention the designation of the Authority/
• Board, as the case may be )
• The appellant begs to prefer this Memorandum of Appeal against the order dated _________ passed by the
Respondent on the following facts and grounds.
1. FACTS:
(Here briefly mention the facts of the case):
2. GROUND:
(Here mention the grounds on which the appeal is made) :
i.)
ii.)
iii.)
3. RELIEF SOUGHT:
i)
ii)
iii)
4. PRAYER:
a) In the light of what is stated above, the appellant respectfully prays that the order/decision of the respondent be
quashed/set-aside .
b) The policy/guidelines/regulation framed by the Respondent be quashed
/modified/annulled to the extent__________________
_____________________________________
c)_______________________________________
Place:___________ Signature of the appellant

HRR/MSU/ES/905/U1/201112 288 OF 290
Dated:__________ with Seal
Address:
VERIFICATION
I , the appellant do hereby declare that what is stated above is true to the best of my information and belief .
Verified on ____day of_______.
Signature of the appellant

With Seal
Address
Signature of the Authorised representative of the appellant
Enclosures: 1. Authenticated copy of the order/direction/policy decision, against which the appeal has been preferred.
FORM VI
(See rule 28)
BEFORE THE _____________ MINISTRY OF ENVIRONMENT AND FORESTS, NEW DELHI
OR
NATIONAL BIODIVERSITY AUTHORITY

(as the case may be)
Appeal No. __________ of 200

Between :
_____________________________
______________________________ … Appellant(s)
Vs.
_____________________________
_____________________________ … Respondents(s)
NOTICE
Please take notice that the above appeal filed by the appellant, against the order/direction/policy decision (give details) is fixed
for hearing on _________ at ________.
The copies of the appeal memorandum and other annexure filed alongwith the appeal are sent herewith for your reference.
Please note that if you fails to appear on the said date or other subsequent date of hearing of the appeal, the appeal would be
disposed of finally by placing you ex-parte.
Authorised signatory on behalf of the Appellate Authority (Seal)

Date: ______
Place : _____
FORM VII
FORM OF NOTICE
(See rule 24 (1)
By Registered Post/Acknowledgement due

From,
Shri _________________
_____________________
_____________________
To,
_____________________
_____________________
_____________________
Sub: NOTICE UNDER SECTION 61(b) OF THE BIOLOGICAL DIVERSITY ACT, 2002.
HRR/MSU/ES/905/U1/201112 289 OF 290
Whereas an offence under the Biological Diversity Act, 2002 has been committed/is being committed
by______________________________________________________
I/we hereby give notice of 30 days under Section 61(b) of the Biological Diversity Act, 2002 of my /our intention to file a
complaint in the Court against _______________________for violation of the provisions of the Biological Diversity Act, 2002.
In support of my/our notice , I am/we are enclosing herewith the following documents as evidence of proof.
Place:________
Dated:________ Signature
EXPLANATION:
• In case the notice to be given in the name of a company, documentary evidence authorising the person to sign the notice on
behalf of the company shall be enclosed to the notice.
• Give the name and address of the alleged offender. In case of using biological resource/ knowledge/research/bio-survey
and bio utilisation /the intellectual property right /patent , without the approval of the Authority, the details thereof and the
commercial utilisation if any, may be furnished.
• Documentary evidence shall include photograph, technical report etc. for enabling enquiry into the alleged violation/offence.
[ No. J 22018/57/2002 CSC (BC)]
DISCLAIMER : This literature prepared with a view to provide an overview on Environmental Legislation India. This can be used
for stude purpose only. No matter shall be used for any legal proceedings. The facts depends on the latest amendments which
may not be incorporated here.
HRR/MSU/ES/905/U1/201112 290 OF 290

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Hemendra Raval Environmetal Legislation of India

ENVIRONMENTAL LEGISLATION IN INDIA

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

THE WATER (PREVENTION AND CONTROL OF POLLUTION) RULES, 1975

Min. Max-Actual pay of the person Date of Rate of Amount of

(a) (b) (c)

R.E. 19 __19 /B.E. 19__ __19

CRAND TOTAL -- I, II and III.

Previous year Receipts Previous year Payments

Opening Balance ___________ 1. Capital Expenditure___

III. Fines and Forfeitures. (A) Administrative ____ _____

TOTAL (B) (i) Board Laboratory.

Accounts Officer Member Secretary Chairman

Rs. Rs. Rs. Rs. Rs. Rs.

(E) Temporary works Total:

Accounts Officer Member-Secretary Chairman

Capital and Liabilities Property and Assets

(A) Capital Fund 1. Works-

Accounts Officer Member-Secretary Chairman

Accounts Officer Member-Secretary Chairman

Report No. _____________

(IV) Here write the date of analysis.

(h) Foreign Company

4. Name, Address and Telephone Nos. of Applicant.

5. Address of the Industry:

(a) Water works

CHAPTER-9 : Environmental Awareness and Public Participation.

S .No. Nature of analysis Rates of fees

I Chemical Analysis of Water

(a) Rs. 56/- (for all the tests)

(b) Rs. 100/- (for all the tests)

(c) Rs. 174/- (for all the tests)

V Ammoniacal nitrogen, as N Rs. 60/- (for all the tests)

VI Langelier Index Rs. 6/- (for each tests)

Copper Rs. 12/- (for each tests)

Rs. 24/- (for each tests)

(d) Rs. 36/- (for each tests)

Air Samples - analysis for:-

(i) Carbon dioxide

(ii) Carbon monoxide

(iii) Methane and

Total fluorides by distillation

(e) Rs. 40/- (for each tests)

Conventional Marble Test

The Enslow Stability Indicator Test.

(f) Rs. 60/- (for each tests)

Alum dose determination by jar test in water treatment

Alumino non-ferric (as per IS: 260- 1960)

Bioassay tests without chemical analysis (Tim value)

Plain settlement test of solution containing fines

Filter sand and gravel

Including sieve analysis, solubility in dilute HCL, FOSS on ignition, and

(g) Rs. 96/- (for each tests)

Alumino ferric (as per IS: 299-1962)

(h) Rs. 180/- (for each tests)

Lead extraction test on UPVC pipe as per IS: 4985- 1963

(i) Rs. 240/- (for each tests)

Scale deposits (detailed analysis)

(j) Rs. 40/- (for each tests)

(k) Rs. 60/- (for each tests)

CENTRAL POLLUTION CONTROL BOARD

CENTRAL POLLUCTION CONTROL BOARD

THE WATER (PREVENTION AND CONTROL OF POLLUTION) CESS ACT, 1977 1

R.E. 19 19 /B.E. 19 __19

Opening Balance _________ 1. Capital Expenditure_

III. Fines and Forfeitures. (A) Administrative _