ENVIRONMENT LEGISLATIONS

1. The Indian Forests Act 1972

2. The Atomic Energy Act 1962
3. The Factories Act 1948
4. The Insecticides Act 1968
5. The Wild Life Protection Act, 1972
6. The Water (Prevention and Control of pollution) Act, 1974
7. The Water (Prevention and Control of Pollution) CESS Act, 1977
8. The Forest (Conservation) Act, 1980
9. The Air (Prevention and Control of Pollution) Act, 1981
10. The Environment (Protection) Act, 1986
11. The Motor Vehicles Act, 1988
12. The National Environment Tribunal Act, 1995

The Tiwari Committee had identified the following major areas of Environmental
concern:

a) Environmental Pollution
b) Management of Land and Water Resources.
c) Depletion of National Resources Consciously and in Ignorance
d) Poor Conditions of Human Settlements
e) Need for Environmental Awareness and Education

1. Biosphere Residues
2. Protection of Grazing Lands
3. Protection of Endangered Species
4. Toxic Substances Control Act.
5. Scientific use of Land
6. Prevention of Noise Pollution
7. Prevention of Felling of Forests.
 ENVIRONMENTAL LAWS PERTAINING TO AIR, WATER AND SOUND
POLLUTION

Natural Pollution
(ii) Artificial Pollution, i.e. depending on human activity

On a global scale natural pollution are:

(a) Earthquake (b) flood (c) draught and (d) cyclone.

The source of artificial pollution includes all human activities, industrial and otherwise.

A. Pollution may also be classified from the point of view of the object which is polluted.
From this angle pollution may be classified into:

a) Air Pollution;
b) Water Pollution;
c) Land Pollution;
d) Noise Pollution;
e) Radio Active Pollution.

Factors Of Pollution:
The following are the important factors which contribute to the pollution of our environment:
1. Man’s use of water resources i.e. discharge of pollutants into water
2. Discharge of pollutants into air;
3. Non-disposal of excreta and waste waters;
4. Inappropriate management of Solid wastes;
5. Failure to control vectors;
6. Failure in food protection (form source to use);
7. Failure to prevent emission of ionizing radiation;
8. Inappropriate management of electromagnetic energy;
9. Inappropriate management of heat and sound.
10. Inappropriate management of chemical industries;
11. Green house gases;
12. Military Emission.

AIR POLLUTION:

Section 2(a) of the Air Pollution Act 1981 defines air pollution as follows:

“Air pollution means any solid, liquid or gaseous substance including noise present in the
atmosphere in such concentration as may be or tend to be injurious to human beings or
other living creatures or plants or property or environment.”

Section 2(b) of Air Act presents a general view of the same. It runs as follows:

“Air pollution means the presence in the atmosphere of any air pollutant.”

In order to understand air pollution, one has to understand the composition of air.

Air
Air is the mixture of gases that forms the earth’s atmosphere and it extends upto the height
of about 300 km above the earth’s surface. At sea level dry air has a density of 1.226 kgs
per sq.metre and consists of 78.08 percent nitrogen, 20.95 percent oxygen, 0.93 percent
organ, 0.93 percent carbon dioxide with similar quantities of ozone and inert gases, and
water vapour dust and plant spores vary between 0 to 4 percent. Other inert gases are
neon, helium, crypton, xenon, hydrogen, methane and nitrous oxide.

The typical ingredients of air are nowhere completely absent from the atmosphere
In atmosphere about 95% of the total air is present upto the height of about 20km above the
earth’s surface and the remaining 5% at in the remaining atmosphere i.e. upto 280 km
above the 20km.

Atmosphere has been roughly divided into four zones. They are as follows:

1. Troposphere – this is the basal part of atmosphere, which is about 20 km above the
earth’s surface. But on poles it extends only about 8 km. This is that part of the
atmosphere in which life exists. The important natural events such as cloud
formation, lightning, storm etc. all takes place in this part of the atmosphere .Air
temperature in this zone gradually decreases with height at the rate of about 6.50 c
per km. At its upper limit, temperature might decrease upto 600 c. This area is known
as troposphere.
2. Stratosphere – Next to troposphere, the second zone of about 30 km height is
called stratosphere. In this region temperature may increase upto 90c. This increase
in temperature is due to Ozone formation under the influence of ultra violet
component of sunlight. Upper layers of stratosphere are known as stratopause.
3. Mesosphere – About 40 km in height the zone next to stratosphere is called
mesosphere. In this area, temperature shows again a decrease upto 80 0c. Upper
layers of this zone are called mesopause.
4. Ionosphere – The area above the mesosphere upto the height of 300 km is known
as Ionosphere. Most of the gaseous components which become ionized under the
influence of radiant energy remain as ions. Due to their much less density, they are
rarely present in molecular form. Radiant energy brings about considerable changes
in the atmosphere.

Functioning Of Air – Various gases present in the air perform various functions useful for
living beings. In this process they keep on rotating. The rotation of gases is in circular form,
therefore, their movement is known as cycle. The prominent cycles are, nitrogen cycle,
carbon cycle, oxygen cycle and hydrogen cycle.

Nitrogen Cycle – Nitrogen is an essential element of all forms of life. It occupies the major
portion of the air i.e. 79%. But it is never taken directly by the organism form atmosphere.
The atmospheric nitrogen is fixed in the soil by symbiosis or asymbiosis by variety of
microorganisms in the form of nitrate. Some potion of atmospheric nitrogen is also fixed in
the soil by lightning. The microorganism or bacteria, which performs the main role of fixing
atmospheric nitrogen into soil, is known as Rhizobium, found in the root modules of
legumes. It performs its role through the process of symbiosis. However, through a
symbiotic proves the work of nitrogen fixation is performed by some blue – green algae,
species of Azotobacter and Clostridium. The atmospheric nitrogen so fixed in the soil in
the form of nitrate is taken by plants for manufacturing complex nitrogenous compounds.
Through plants this complex nitrogenous compound reaches animals. The dead organic
matter formed due to death of plants and animals is decomposed by bacteria, fungi and
other microbes, during which nitrogen is released either in free state to atmosphere, or as
ammonia gas. Some nitrates of soil are also converted into free nitrogen and are released to
the atmosphere by denitrifying microbes.

Carbon cycle – Although carbon dioxide is not present in the atmosphere in large quantity
yet it plays an important role so far as living beings are concerned. It is an important basic
element of all organic compounds. Carbon moves form the atmosphere to green plants, then
to animals (consumers) and finally form these both the bacteria, fungi, and other micro-
organism (de-composers) that return it to the atmosphere through decomposition of dead
organic matter. The atmospheric carbon dioxide is the chief source of carbon. Carbon
dioxide is dissolved in water. In water it also reaches form lime deposits. Through, the
process of photosynthesis carbon dioxide is converted into complex organic compound by
green plants. Plants are eaten by animals. Some portion of organic matter of green plants
contributes to the formation of coal deposits, rocks, etc., which as a result of weathering and
combustion return the carbon dioxide to atmosphere. Plants and animals through respiration
also return carbon to the atmosphere and water as free carbon dioxide.

The process of dissolving carbon dioxide in water is rather complex. When it dissolves in
water, some of its combines with water to form carbonic Acid, Bicarbonates and Carbonates
are then formed. Since carbonates are insoluble in water, therefore, it precipitates and is
deposited as sediments on the bottom of lakes and oceans. All these are reversible
reactions; therefore, they help in maintaining the requisite quantity of carbon dioxide in the
air. If there is increase in carbon dioxide in the air, more of it is dissolved in water. But, at
present, due to excessive discharge of carbon dioxide in atmosphere, the buffering system
has failed to maintain the equilibrium and thus atmospheric pollution is increasing day by
day.

Oxygen Cycle – Survival of living beings depend on the presence of oxygen in the air. It
helps in purifying blood. If there is no oxygen in air or it is not available in requisite quantity
or it is highly polluted, it will make the life difficult. In atmosphere, its supply is maintained
by green plants and planktons. During day green plants in the presence of sun light use
carbon dioxide to make food and release oxygen for breathing. Living beings discharge
carbon dioxide, which is used by plants to manufacture their food in presence of sunlight.
Thus consumption and discharge of oxygen constitute the oxygen cycle.

Hydrogen Cycle – Hydrogen gas, which is present in the air either from seawater or
through industrial activity, in the presence of lightning reacts with oxygen to form water.
During rain this water comes on earth. On earth, in the presence of sun’s heat energy it
again acquires gaseous form. This cycle goes on continuously and is known as hydrogen
cycle. This cycle is very significant for the effective functioning of eco system.

WATER POLLUTION:

Water is an important factor in the life or organisms. It is an universal solvent in which

practically all the minerals, present in soil, may be dissolved. It supports life system and its
shortage has been the main concern of human beings. It covers about one-third of earth’s
surface.

Forms of water in nature – In nature water is found in three principal forms – Atmospheric
moisture, precipitation and soil water. Among these forms precipitation is the chief source.
Atmospheric moisture is present as invisible vapour, known as the humidity and also as
visible vapour, known as fog or cloud. The invisible vapour or humidity of the air is usually
expressed as relative humidity.

Water cycle – The cycle through which water moves form ocean to atmosphere to land and
back to oceans is known as water or hydrologic cycle.

The source of most of the rain that falls on the land is the ocean. The whole process takes
place in the presence of heat energy, which comes form sunrays. Due to sunrays air and
water both get heated and water start evaporating. Air masses lying over the seas and
oceans pick up large quantities of evaporating vapours. When vapour soaked air moves
inward over the continents it gets cooled and much of this water falls out ass precipitation.
Water first reaches the ground in mountain areas in the form of rain, snow, sleet, hail or
surface condensation. The excess water runs off the surface or sinks in the ground, which
appears again in the form of springs or as streams. Meanwhile much is returned to the air by
evaporation form the vegetation of the area and this is returned once more to the ground in
further precipitation in other areas.

Another portion goes deep into the ground through acquiferes underground strata of porous
rock or sediments not yet consolidated into rock. This underground water is harnessed
during dry seasons and some of it also reaches to seas and oceans through underground
streams. Some of it remains for long period in underground storage.
The growth of civilization has resulted in the change of watercourse form single original
pattern i.e., by buildings dams and reservoirs and diverting water through artificial channels
for various usages. The excessive use of water by domestic agricultural industrial activities,
etc. has resulted in the shortage of water. The deforestation has also contributed to this
problem as plants and trees help in maintaining humidity in the air. Destruction of
vegetation on earth’s surface results in washing away of fertile topsoil during rainfall or by
blowing winds. The water or hydrological cycle, which was meant for the benefit of living
beings, has been affected badly by human beings.

The presence of pollutants in water especially toxic substances either in seas, rivers, tanks,
ponds, wells have affected life on earth badly. People are not getting clean water to drink,
for bath and for household activities. In order to prevent pollution of water our Parliament
has enacted the water (Prevention and Control of Pollution) Act, 1974. Clean and pure water
is the right of every man.

NOISE POLLUTION:

Noise is an unwanted or undesired and unpleasant sound. It is also termed as misplaced

sound. It is of very high intensity. It produces bad effect on health. The most commonly
produced effect on health is the loss of hearing capacity and fatigue. There are changes in
psychological and physiological states including annoyance and sleep interruptions. It can
affect digestive system, produce pepticular, infertility and blood pressure. Property damage
by actual vibration or boom destruction is also known. There is not much information about
the effect of noise on animals. Apart from horns of vehicles are factories noise is also
produced by domestic appliances viz., Radio, Television, Tape Recorder, Loud Speaker,
Fridge, Cooler, Mixers, Grinders and Air Conditioners, etc. Noise levels of various cities are
rising at the rate of one decibel per year according to one survey.

Nature of Noise – Noise is a form of sound. Sound is a mechanical energy from a vibrating
surface transmitted by cyclic series of compression and rate factions of the molecules of the
material through which it passes. In a pure tome, the wave pattern of the alternating
positive and negative sound pressure is an ideal sinusoidal form with fixed wavelength,
frequency and amplitude. Sound passes through all the mediums viz., gases, water, liquids,
solids and air. It does not and cannot pass only through a vacuum because it does not
contain molecules to compress and decompress mechanical energy as sound. The speed of
sound in air is 340 m/s at 200 C. Its speed varies with medium and temperature and it is
proportional to the absolute temperature of air. In water its speed is 1,470 m/s. In steel, it is
5000 m/s. Frequencies are expressed in hertz, equal to cycles per second. The audible range
for an exceptionally good human ear is 35 to 20,000 Hz. A more limited range of 80 to
15,000 Hz considered normal for young adults who have had no hearing losses or ear
abnormalities.

A vibrating source producing sound has some total power expressed in watts and
designated. The intensity, which is expressed as 1, is the power per unit area of the
spherical boundary. Intensity decreased inversely with the square of the radius of the
sphere. The range of sound is expressed inn microbars, one millionth of 1 atmosphere of
pressure, the range is from .002 microbar (Ubar), the minimum sound pressure sound
pressure a healthy young human ear can detect, to 10,000 bars for peak noises within 100
feet form large jet and rocket propulsion devices.

Very few sounds or noises are in a single frequency or pure tone. The human ear is not
uniformly sensitive to all frequencies nor does it perceive noise equally across the frequency
spectrum. The ear has less sensitivity to frequencies below 400 Hz and above 10,000 Hz at
low sound intensities. The human ear is most sensitive in the frequencies needed for hearing
speech largely from 500 to 4000 Hz. Ear is a marvelous product of evolution.

There are two types of hearing changes caused by noise exposure –

 1. Temporary Threshold Shift (TTS) i.e. the lessened ability to hear weak auditory
signals from which there is recovery in a matter of hours and at most in 2 to 4 weeks.
2. Noise Induced Permanent Threshold Shift (NIPTS) i.e. loss from which there is no
recovery

Steady noise is the major offender. Noise with its maximum energy in the low frequencies
produces less TTS than that at high frequencies. There is no treatment specific or palliative
for noise. The only remedy is removal from the noise to allow recovery. There are many
factors which cause noise pollution. A Central London Noise Survey has indicated that 84%
noise is caused by street traffic. The remaining 16% is predominantly by diesel trucks,
followed by buses, motorcars, motorcycle and autos using diesel.

The noise not only affects loss of hearing and causes annoyance; it also produces the
following effects –
1. Disruption to sleep and rest particularly by loud unexpected noise. People do
accommodate to noise but disruption results when and added or new noise
penetrates the accommodation level.
2. Changes in work capacity or performance due to the noise or its reduction can be
seen in the form of loss of alternative response. It may even lead to accident.
3. It may cause pupil dilation, reduced blood flow to the skin and temporary increase in
blood pressure.
4. It may cause stress, nervous tension.

So noise, especially loud noise, affects every one in one form or other. In overcrowded cities,
traffic jams, etc. its effect is realized most. Therefore, some measure in this regard is
essential.

Control of Noise Pollution – In major cities and towns, noise is growing menace at normal
hours, but at peak traffic hours it assumes alarming proportions. Studies conducted by the
National Physical Laboratory, the All India Institute of Medical Sciences, the National Institute
of Occupational Health etc. have revealed the growing threat to out physiological and
mental well-being.

In order to prevent noise pollution, no serious attempts were made in our country. Only
some States have enacted legislations to this effect, which can be termed only as half-
hearted attempt to control noise pollution, and hence they have proved inadequate.

In December 1989, the Environment (Protection) Rules were amended to prescribe ambient
air quality standards in respect of noise. These standards lay down the daytime and night
time limits of noise in industrial, commercial and residential areas as well as in “silence
zones”. The use of vehicular horns, loudspeakers and bursting of crackers is banned in
silence zones. A ‘silence zone’ has been defined as an area upto 100 meters around
hospitals, educational institutions, courts, etc.

Under the State laws restrictions have been imposed by some States like West Bengal on
blowing of horns by vehicular traffic. But we don’t have any specific legislation to control
noise pollution as is the case in United States of America, (The U.S. Noise Pollution and
Abatement Act of 1970) and England (The Noise Abatement Act of 1960).

Noise pollution can be mitigated by playing musical instruments at low volumes, banning
the use to loudspeakers and using good quality silencers in motors vehicles and factories.
 CONSUMER PROTECTION
Governing Act:

The Consumer Protection Act, 1986 aims to provide for better protection of the interests of
consumers and for the settlement of consumer’s disputes and for matters connected
therewith. The act extends to the whole of India except the State of Jammu and Kashmir.

The act applies to all goods and services except those notified by the central Government.

Who Is A Consumer?

As per the definition given under the Act, a ‘consumer’ means –

(a) Any person who:
i) Buys any goods, or
ii) Hires or avails of any services,
On payment, either in full or in installments or under hire purchase system; and
(b) Any person who uses goods or is benefited from services, without making any payment.

However, any person who obtains such goods for resale or for any commercial purpose, is
not regarded a consumer. Here, ‘commercial purpose’ includes any industrial purpose, but
does not include goods bought by a consumer to be used exclusively by him for the purpose
of earning his livelihood by means of self-employment.

Besides, following persons have been held to be ‘consumer’:

(i) Persons allotted plots or houses by the Housing and Development Board.
(ii) Patients receiving medical treatment in a Government hospital.
(iii) Patients getting treatment at a private nursing home.
(iv) Persons selling /purchasing shares to a share-broker.

What Are Goods:

‘Goods’ have been defined to mean the same as per the definition under ‘Sale Of Goods Act.
‘Goods’ under that act means every kind of movable property except money and actionable
claims, and includes stock and shares, growing crops and things attached to or under the
contract of sale. For more detail, refer chapter on ‘sale of goods’.

What Are Services:

‘Service’ means service of any description made available to potential users and includes
banking, financing, insurance, transport, processing, supply of electrical and other energy,
boarding, lodging or both, entertainment, amusement and purveying of news and other
information.

However, free services and personal services rendered under a contract have been excluded
from the scope of the act.

Primarily services must be of commercial nature i.e. they must be rendered on payment.
However a beneficiary of the services, though not the hirer himself, is also regarded as the
consumer. For instance, a nominee under an insurance policy and an actual user of the
subscriber’s telephone, have been held to be consumers. Besides, patients who have
received the services of a doctor or a hospital ‘free of charge’ would be beneficiaries and
thus regarded as a consumer under Sec. 2(1)(d).

Nature Of Protection Under The Act:

The act is envisaged to promote and protect the following rights of the consumers.

(i) The right to be protected against the marketing of goods, which are hazardous to
life and property.
(ii) The right to be informed about the quality, potency, purity, standard and price of
goods and services so as to save and protect him against unfair trade practices.
(iii) The right to be assured access to a variety of goods and services at competitive
prices.
(iv) The right to be heard and to be assured that consumers interest will receive due
consideration at appropriate forums.
(v) The right to seek redressal against
a) Unfair trade practices, or
b) Restrictive trade practices, or
c) Unscrupulous exploration, and
(vi) The right to consumer education.

Authorities Under The Act

For fulfilling the objects of the Act, the Central Government has established the central consumer
and the state governments have set up state consumer protection council in their respective
states. The main function of these councils is to promote and protect the rights of a consumer, as
aforesaid.

Consumer Disputes Redressal Agencies:

For hearing the complaints of the consumers, the following Redressal agencies have been
established at various levels:

(1) District Forum: A ‘District Forum’ is set up by the State Government for each
district. Each District Forums is headed by a dist judge with two other members. The
District Forums have jurisdiction to entertain complaints where the value of the
goods or services and the compensation claimed does not exceed Rs 5 lakh.
(2) State Commission: A ‘State Commission’ is set up by the state govt. for the
respective states. The State Commission shall be headed by a judge of the high court
and shall have two other members. The State Commission shall have jurisdiction to
entertain complaints where the value of goods or services and compensation, if any,
claimed exceeds Rs 5 lakh but is less than Rs 20 lakh. The State Commission shall
also hear appeals against the orders of the dist. Forum within the state.
(3) National Commission: A National Commission is a set up by the Central Govt. the
national commission shall be headed by a judge of the Supreme Court and consists of
4 other members.
 The national commission has jurisdiction to hear complaints where the value of
goods or services and compensation, if any, claimed exceeds Rs 20 lakh and shall
also hear appeals against the orders of any state commission.

Procedure Of Making Complaint:

When can a complaint be made?

A complaint shall lie in relation to any goods or services, where –
a) As a result of any unfair trade practice adopted by the trader, the complainant has
suffered loss or damage.
b) The goods suffer from one or more defects.
c) The services suffer from deficiency in any respect.
d) The trader has charged for the goods a price in excess of the price fixed under any
law or the price printed or displayed on the goods or on a package containing such
goods.

Who can make a complaint

A complaint in relation to any goods or services may be filed by
The consumer himself; or
Any recognized consumer association; or
The central or state Government; or
One or more consumers having common interest.

Limitation period
A complaint with the District Forum, the State Commission or the National Commission, with
their respective jurisdiction, must be filed with in 2 years from the date on which the cause
of action has arisen. However, the authority may condone the delay on being satisfied by
the complainant and after recording the reasons for the same.

Procedure on receipt of complaint

On receipt of a complaint, the appropriate authority shall refer a copy of the same to the
opposite party directing him to give his version of the case with in 30 days, which may be
extended by another 15 days.

If the opposite party denies or disputes the allegations, or fails to take any action to
represent his case with in the stipulated time, the authority, in case of allegedly defective
goods, shall obtain a sample and refer it for analysis and tests to the appropriate laboratory
for its report with in 55 days. The complaint may be required to deposit the specified fees for
the payment to the laboratory for carrying out the necessary tests.

On receipt of the report from the laboratory, the authority shall forward a copy thereof, with
its remarks, to the opposite party. If any of the parties disputes the correctness of the
findings of the laboratory, or questions the methods of analysis or tests conducted by the or
questions the methods of analysis or tests conducted by the laboratory, the authority shall
require the concerned party to submit its objections in writing. Thereafter, the authority
shall give a reasonable opportunity to both the parties of being heard as to the correctness
or otherwise of the laboratory’s report and issue an appropriate order.

Complaint related to service

If the complaint related to the service, the authority shall, after getting the version of the
opposite party, ask both the parties to produce evidence in support of their respective
claims, examine the evidence hear the parties and pass appropriate orders.
Powers of Dist. Forum /State Commission/National Commission
The appropriate authority shall have the same powers as are vested in a civil court under
the code of civil procedure, 1908. In case of difference of opinion on any point within
the authority, the opinion of the majority shall be the order of the authority.

Remedies available under the Act

If after proceeding on the complaint the authority is satisfied that the complaint is valid and
the defect or deficiency in goods or services, respectively, is proved, it shall issue on order
to the opposite party directing him to do one or more of the following things:

 To remove the defect pointed out by the appropriate laboratory,

 To replace the goods with new goods which shall be free from defect.
 To return to the complaint the price of goods or the charges for service.
 To pay to the complaint such amount as may be awarded, as compensation for any laws
or injury suffered by the consumer, due to negligence of other party.
 To discontinue the unfair or restrictive trade practice and not to repeat it,
 Not to offer hazardous goods for sale and withdraw the hazardous goods.
 To provide for additional costs to the parties.
Finality of orders:
Every order of a Dist. Forum the state commission or the national commission shall be final if no
appeal preferred such order under the provisions of this Act.

Appeals:
i) Against the orders of dist. Forum- any person aggrieved by any order of the dist forum
may prefer an appeal, before the state commissions in that state.

ii) Against the orders of state commission - An appeal lies against the orders of the State
Commission, to the National Commission.

iii) Against the orders of National Commission—An appeal against an order of the national
commission may be made to the Supreme Court.

Enforcement of orders:
Every order made by a Dist. Forum the State Commission or the National Commission may
be enforced by them in the same manner as if it were a degree or order made by a court in
a suit pending before it.

Dismissal of frivolous or vexatious complaints:

Where a complaint filed before the Dist. Forum, the state commission or the National
Commission is found to be frivolous or vexatious by them, they shall after recording the
reasons in writing, dismiss the complaint and order the complaint to pay to the opposite
party such costs, not exceeding 10,000/- as may be specified.

Penalties:
Where a trader or a person whom complaint is made fails or omits to complain with an order
of Dist. Forum, the state commission or the National Commission, such trader or person shall
be punishable with imprisonment for a term of not less than 1 month which may extend to 3
years, or with fine which shall not be less than Rs 2000 but which may extend to 10,000/- or
both. But a sentence lesser than minimum term and a fine lesser than the minimum amount
can also be imposed according to the circumstances of any case.
ESSENTIAL COMMODITIES
India, being a developing country with large population and uncertain monsoons affecting
both its agricultural and industrial production, has often faced the problem of imbalance in
the demand and supply of certain essential items. In the years of shortage India had to
spend its precious foreign exchange on import of these items. The problem was worsened
due to hoarding and black-marketing of the goods i.e., man-made shortage.

Governing Act:

With a view to regulating production, distribution, storage, pricing etc. of certain items of
mass consumption, the Essential Commodities Act, 1955 was enacted. The Act ensures easy
availability of essential commodities to consumers and protection from exploitation by
traders. The Act was amended from time to time to make its provisions more effective. In
the 1981, when the Indian economy was plagued with shortage, the Essential Commodities
(Special Provisions) Act, 1981, was enacted, to make the provisions of the main Act more
stringent. The latter Act eased to be in force on 31.08.1997, and the Essential Commodities
(Amendment) ordinance, 1998, has been promulgated, to take its place.

The essential Commodities Act through various control orders regulates the production,
pricing quality, movement, distribution, etc. of certain items declared as ‘essential
commodities’ under the Act. Originally, the Act applied to only 10 items, however, more
items were added to and deleted from the list from time to time. The list of essential
commodities at present contains 31 items.

It may, however, be noted that under the present circumstances when India has a
flourishing economy with no complaints as to demand supply imbalances and liberalized
economic regime, the Act has become quite inessential. Still, we shall discuss as few
important provisions of the Act, in the following paragraphs.

Essential Commodities (Amendment) Ordinance, 1998

The Essential Commodities (Special Provisions) Act, 1981, was enacted to strengthen the
penal provisions of the main Act with a view to deterring persons indulging in hoarding,
black marketing and profiteering in essential commodities.
The Act came into force on 1.9.1982 and expired on 31.8.1997 the Act has now been
replaced by the Essential commodities (Amendment) Ordinance, 1998. The ordinance makes
the following provisions:
1. As all offences will be tried summarily by special courts, the maximum period of
imprisonment is reduced from seven years to two years but the same is coupled with
a fine. The minimum fine has been substantially enhanced.
2. Imprisonment shall be for a period of not less than 3 months, except in some special
cases.
3. All offences punishable under the Act shall be cognizable and non-bailable except
some minor first time offences.
4. ‘Grant of bail’ shall not be a routine matter but it shall be obligatory on the part of
the special courts to give an opportunity to the prosecution to oppose bail
application.
5. Seized essential commodities shall be sold through PDS with retail price being fixed
by Central Government.
6. Appeal against order of confiscation of goods made by the Collector shall lie with the
State Govt. instead of the judicial authority.

The revised Essential Commodities (Amendment) Bill, 1999 incorporation of the above provisions
is under consideration before the Parliament.

Essential Commodities:
Following commodities have been declared or notified as ‘essential commodities’ under the Act:

Declared under Clause (a) Section 2 of the Act

1. Cattle fodder, including oil cakes and other concentrates.

2. Coal including coke and other derivatives.
3. Component parts and accessories of automobiles.
4. Cotton and woolen textiles.
5. Drugs.
6. Foodstuffs, including edible oilseeds and oils.
7. Iron and steel, including manufactured products of iron and steel.
8. Paper including newsprint, paperboard and straw board.
9. Petroleum and petroleum products.
10. Raw cotton, either ginned or unginned, and cottonseed.
11. Raw jute.
12. Jute textiles.
13. Fertilizers, whether inorganic, organic or mixed.
14. Cement.
15. Textile Machinery: (I) Knitting machine, (ii) Spinning Machine, (iii) Lace making
machine, (iv) Power loom and (v) Processing machinery.
16. Textiles made from silk.
17. Textiles made wholly or in part from man-made celluosic and non-cellulosic spun
fiber.
18. Textiles made wholly or in part from cellulosic and non-cellulosic filament yarn.
19. General Lighting Service Lamps.
20. Household Appliances such as electric iron, heater and the like.
21. Coconut husk (raw or retted).
22. Electric cables and wires.
23. Man-made cellulosic and non-cellulosic staple fiber.
24. Yarn made wholly or in part from any of the following materials namely:
(i) Cotton, (ii) wool, (iii) man-made cellulosic spun fiber, (iv) man-made non-cellulosic
Spun fiber, (v) silk.
25. (i) Man-made cellulosic and non-cellulosic filament yarn, (ii) Nylon tyre/cord/fabric.
 26. Exercise books.
27. Coir fiber extracted from coconut husks.
28. Insecticides, fungicides, weedicides and the like.
29. Tea
30. (i) Seeds of food-crops and seeds of fruits and vegetables.
(ii) Seeds of cattle fodder, and
(iii) Jute seeds
31. a) Switches for domestic and similar purpose.
b) 2-Amp switches.
c) 3-pin plugs and socket outlets.

Control Orders:

The Central and the State Government have issued a number of control orders in respect of
the various essential commodities named above, for regulating their production, pricing,
quality, movement, distribution, etc. These control orders are issued with following
objectives –
(a) Maintaining or increasing supplies of any essential commodity; or
(b) Securing their equitable distribution and availability at fair prices;
(c) Securing any essential commodity for defense purposes or military operations.

Nature Of Restrictions

The control orders ordinarily provide for licensing of production, storage, transport, and
distribution use or consumption of any essential commodity, price controls, prohibition or
hoarding of any essential commodity kept for sale, compulsory sale of a part of the
production to the Government, etc.

On the basic of the restrictions provided in the control orders, the orders may be classified
under following heads:

(a) Price Control Orders – these aims to ensure fair distribution of certain
commodities to consumers at a reasonable price, to save them from the exploitative
tendencies on the part of traders. Price control orders have been issued for coal,
textiles, drugs, sugar, kerosene, light diesel oil, fertilizers, electric cables and wires,
cinema carbon, insecticides and seeds.

(b) Quality Control Orders – These are issued in respect of items considered vital for
consumers; commodities where lack of standards may lead to loss of life and health
hazards and where there is substantial defrauding of the consumer in articles of day
to day need. Quality control order requires a third party guarantee or certification to
assure the consumer of the purity and the standard of the goods. Theses orders
have been issued in respect of coal, foodstuffs, oil seeds and oils, iron and steel (and
its manufactures). Petroleum and petroleum products, cement, general service
lighting lamps, dry cells for torches, household appliances, dry cells and batteries for
transistor radios and power threshers.

(c) Movement Control Order – These orders aim at restricting the movement of an
item from a given place in the State in which it is produced to any State outside. The
restrictions are based on the production and supply conditions of the specified items.
The Movement Control Order ensures proper distribution of an item so that it
reaches the consumers at fair and reasonable prices. Fertilizers, sugar and Maize
have been covered by such orders.
 (d) Packing Control Order – These orders require a reasonable degree of care in
packaging products with a view to ensuring their safety and preventing their
deterioration. Packaging restrictions have been laid down in respect of cotton fruit
products. Sugar and insecticides.

(e) Licensing Control Order -These orders lay down the licensing and registration
procedure and require a trader in specified commodities to obtain a licence under
the respective control order. At present there are control order covering textiles,
staple fiber, newsprint, fertilizers, imported cement, insecticides, wheat products,
fruit products, vegetable oils, jute and jute textiles, cinema carbons and petroleum
products.

(f) Stock and Storage Control Order – These orders have been issued for preventing
hoarding by placing restrictions on stock holdings of a number of commodities like
cotton, pulses, edible oils, seeds and edible oils, vegetable oils, seeds, sugar,
kerosene, cinema carbons, imported cement, petroleum and insecticides.

(g) Usage Control Order - These control orders place restrictions on use of the
controlled item, for purposes other than those specified in the order. Theses orders
are issued with a view to ensuring that items covered reach the target consumers.
The items covered by such restrictions are gur, LPG, kerosene, high-speed diesel oil
and copper.

(h) Distribution Control Order – The basic objective of these orders is regulating the
supply of specified product and distributing it with the specific terms and conditions
imposed under the order, to ensure fair and equitable distribution to all sections of
consumers. Items covered are seeds, cinema carbon, LPG, textiles, fertilizers,
petroleum products, lubricating oil and greases, sugarcane and paraffin wax. The
distribution may be restricted from retail outlet or manufacturing outlet.
(i) Production Control Order – Coal, textiles and petroleum products are the three
items covered under production control orders. The objectives of all the three are
different.

Coal Order of 1945 imposed production controls on coal. Petroleum Products

(Maintenance of Production) order, 1970 restricted the production of any petroleum
product for a continuous period of any 12 months during the 3 years immediately
preceding the commencement of the order.

Textile Control Order, 1986 regulated production of cotton yarn, woolen yarn or
man-made yarn, installation and working of handlooms, issued directions as to
quantities of production, maximum price, packaging of yarn and prohibiting sale of
any cloth or yarn at a price more than the maximum price specified under the order.

Penal Provisions Of The Act:

The Act provides for the following penal measures:

(1) Where there is a contravention of any control order in relation to an essential
commodity, the essential commodity may be seized and confiscated.
(2) Any person, who contravenes any control order, shall be punishable with
imprisonment upto seven years (minimum three months), and also be liable to fine.
Besides, any property in respect of which the order has been contravened and any
package, covering or receptacle in which the property is found, shall be forfeited to
the Government.
(3) Any person who fails to carry on an undertaking in accordance with the directions of
the authorized controller shall be punishable with imprisonment upto seven years
(minimum three months) and also liable to fine.
NOTE: Any person who attempts to contravene, or abets a contravention, of any order,
shall be deemed to have contravened that order.