Approaches to CSR Different views on CSR 1. Communist View 2. Capitalist View 3. Pragmatic View 4.

Trusteeship View

Communist View Based on philosophy of Karl Marx Free industrialisation is bad as it is based on values of wrong order. Economic efficiency only criteria in free industrialisation. Advocates the view that social responsibilities should be imposed by force or through legalisation. Capitalist View Economic expediency alone is a just standard for business decisions. Uncontrolled right to make money free from all social responsibilities. Welfare of society is not a business goal. Business should go about making profits and leave the responsibility of social problems to Governments. Pragmatic View Balance between economic profits and social responsibility. Profits are a test of efficient functioning. Social responsibilities beyond minimum level by Cater to public expectations. Anticipate public expectations. Create new public expectations.

Ethical Aspect & Corporate Policy Governing Principle The fundamental principle governing Corporate actions and the actions of employees and officers is that ethics and business are inseparable at LINCARE, that no business objective can be achieved without following the highest ethical standards and complying with all the local and national laws and regulations that pertain to our operations. Conflict of Interest No officer or employee of the Corporation may have a personal, financial, or family interest that could in any way keep the individual from acting in the best interest of the Corporation. Any actual or potential conflict of interest must be reported to Corporate management as soon as recognized. Business Relationships The use of the funds or assets of the Corporation for any unlawful purpose or to influence others through bribes is strictly prohibited, i.e., there shall be no reward, gift or favor bestowed or promised with a view to perverting the judgment or corrupting the conduct of a person in a position of trust. *Offering or accepting properly recorded business meals, entertainment, or token gifts intended and understood as simple courtesies meant to foster understanding and communication with suppliers, customers, and public officials is allowed. Memberships Memberships should serve legitimate business needs. They are appropriate only in organizations whose objectives and activities are lawful and ethical, and fit within the framework of broadly accepted social values. Financial Integrity No unrecorded fund will be established for any purpose. All assets of the Corporation will be recorded on the books of the Corporation or its subsidiaries at all times unless specifically exempted by Corporate procedures which are consistent with generally accepted accounting principles. *No false entry or entry that obscures the purpose of the underlying transaction shall be made in the books and records of the Corporation for any reason. *No payment on behalf of the Corporation shall be authorized or made with the intention or understanding that any part of such payment is to be used for a purpose other than that described by the documents supporting the payment.

LINCARE CORPORATE POLICY Governing Principle - The fundamental principle governing Corporate actions and the actions of employees and officers is that ethics and business are inseparable at LINCARE, that no business objective can be achieved without following the highest ethical standards and complying with all the local and national laws and regulations that pertain to our operations Conflict of Interest - No officer or employee of the Corporation may have a personal, financial, or family interest that could in any way keep the individual from acting in the best interest of the Corporation. Any actual or potential conflict of interest must be reported to Corporate management as soon as recognized. Business Relationships -The use of the funds or assets of the Corporation for any unlawful purpose or to influence others through bribes is strictly prohibited, i.e., there shall be no reward, gift or favor bestowed or promised with a view to perverting the judgment or corrupting the conduct of a person in a position of trust. *Offering or accepting properly recorded business meals, entertainment, or token gifts intended and understood as simple courtesies meant to foster understanding and communication with suppliers, customers, and public officials is allowed. Memberships -Memberships should serve legitimate business needs. They are appropriate only in organizations whose objectives and activities are lawful and ethical, and fit within the framework of broadly accepted social values Financial Integrity-No unrecorded fund will be established for any purpose. All assets of the Corporation will be recorded on the books of the Corporation or its subsidiaries at all times unless specifically exempted by Corporate procedures which are consistent with generally accepted accounting principles. *No false entry or entry that obscures the purpose of the underlying transaction shall be made in the books and records of the Corporation for any reason. *No payment on behalf of the Corporation shall be authorized or made with the intention or understanding that any part of such payment is to be used for a purpose other than that described by the documents supporting the payment Code of Ethics Ethical codes are adopted by organizations to assist members in understanding the difference between 'right' and 'wrong' and in applying that understanding to their decisions. An ethical code generally implies documents at three levels: codes of business ethics, codes of conduct for employees, and codes of professional practice.

ethics and decision making Seven-step guide to ethical decision-making (Davis 1999) 1. State problem. For example, "there's something about this decision that makes me uncomfortable" or "do I have a conflict of interest?".

2. Check facts. Many problems disappear upon closer examination of situation, while others change radically.

3. Identify relevant factors. For example, persons involved, laws, professional code, other practical constraints ( e.g. under $200).

4. Develop list of options. Be imaginative, try to avoid "dilemma"; not "yes" or" no" but whom to go to, what to say.

5. Test options. Use such tests as the following: i. ii. iii. harm test: Does this option do less harm than alternatives? publicity test: Would I want my choice of this option published in the newspaper? defensibility test: Could I defend choice of option before congressional committee or committee of peers? reversibility test: Would I still think choice of this option good if I were adversely affected by it? colleague test: What do my colleagues say when I describe my problem and suggest this option is my solution? professional test: What might my profession's governing body for ethics committee say about this option? organization test: What does the company's ethics officer or legal counsel say about this?

iv.

v.

vi.

vii.

6. Make a choice based on steps 1-5. 7. Review steps 1-6.

Characteristics of ethical decision

Right

Just

Equitable

Proper

Good

Obstacles in ethical decision making Lack of knowledge of Ethical Standards Financial Incentives Perfectionism Fear of Criticism/Scrutiny by Others High Afiliative Needs Personal and/or Professional Immaturity Counselor Substance Abuse Lack of Personal Values Clarification Limitations of Codes of Ethics and Conduct Lack of a Decision Making Model

Making MORAL DECISIONS of or relating to principles of right and wrong in behavior expressing or teaching a conception of right behavior conforming to a standard of right behavior sanctioned by or operative on one's conscience or ethical judgment (a moral obligation) capable of right and wrong action (a moral agent) Morality (from the Latin moralitas "manner, character, proper behavior") is the differentiation of intentions, decisions, and actions between those that are good (or right) and those that are bad (or wrong)

Moral Judgements

Right /Wrong, Good/Bad, Moral/Immoral

Moral standards

Human conduct is judged

Morals originate from 1. Religion 2. Culture 3. Institutions like school 4. Ideologies 5. Philosophy

Rational organisation The more traditional rational model of a business organization defines the organization as a structure of formal (explicitly defined and openly employed) relationships designed to achieve some technical or economic goal with maximum efficiency. E. H. Schein provides a compact definition of an organization from this perspective: An organization is the rational coordination of the activities of a number of people for the achievement of some common explicit purpose or goal, through division of labor and function and through a hierarchy of authority Ethical responsibilities The obligation of the employer The obligation of the employee Employee obligation towards the firm Towards the goals of the firm. Avoid any activities that cause harm to those goals. Obey organisational superiors. Conflicts of interests 1. Bribes 2. Gifts 3. Commercial bribe 4. Embezzlement 5. Larceny 6. Trade secrets

Normative Ethics Holistic Theory Empirical ethics Teleological Theory Ethical Egoism Utilitarian Principles Deontological Theory Rights Principle Justice Principle

Eternal Ethics

Utilitarian Principle Utilitarianism is a normative ethical theory that places the locus of right and wrong solely on the outcomes (consequences) of choosing one action/policy over other actions/policies. As such, it moves beyond the scope of one's own interests and takes into account the interests of others. This theory that holds that an act is right or wrong according to the utility or value of its consequences. An act that produces more good than harm has greater value than act that produces more harm than good. Utilitarianism believe in the value of ethical laws in helping people determine which action will probably bring about the greatest good for the greatest number of people. While they are not against laws or values (antinomians), they are not absolutists either. Every act is judged by its results, not by it intrinsic and universal value. In order to do determine the best consequence, some argue that you must add up the happiness in one person and then multiply the total happiness in the total number of people and subtract the total pain. If the result is positive then the action is good. If the result is negative then the action is bad.

Uses of Utilitarian Ethics in terms of Pleasure vs. Pain (Peter Singer):

When we testify the safety of a new shampoo, we drip the shampoo in concentrated form into the eye of rabbits, causing them terrible pain. But does shampoo leaving your hair lustrous and manageable, sufficient to justify the infliction of so much suffering? Utilitarian Ethics and Public Policy: If we are trying to decide whether a new football stadium with luxury boxes for the very rich is a better investment than decent inner-city schools and health care for the poor, is utilitarian calculations a better guide for making such decisions than deontological ethics?

Bentham's Principle of Utility 1. Recognizes the fundamental role of pain and pleasure in human life. 2. approves or disapproves of an action on the basis of the amount of pain or pleasure brought about i.e, consequences. 3. equates good with pleasure and evil with pain, and (4) asserts that pleasure and pain are capable of quantification (and hence 'measure'). 4. In measuring pleasure and pain, Bentham introduces the following criteria: INTENSITY, DURATION, CERTAINTY (or UNCERTAINTY), and its NEARNESS (or FARNESS). He also includes its "fecundity" (will more of the same follow?) and its "purity" (its pleasure won't be followed by pain & vice versa). In considering actions that affect numbers of people, we must also account for its EXTENT.

Commonly used excuses If it's necessary, it's ethical: This approach often leads to ends-justify-the-means reasoning and treating non-ethical tasks or goals as moral imperatives. The false necessity trap: "Necessity is an interpretation and not a fact." We tend to fall into the "false necessity trap" because we overestimate the cost of doing the right thing and underestimate the cost of failing to do so. If it's legal and permissible, it's proper: This substitutes legal requirements for personal moral judgement. This alternative does not embrace the full range of ethical obligations, especially for those involved in upholding the public trust. Ethical people often choose to do less than what is maximally allowable but more than what is minimally acceptable.

 It's just part of the job: Conscientious people who want to do their jobs well often compartmentalize ethics into two categories: private and job-related. Fundamentally decent people may often feel justified doing things at work that they know to be wrong in other contexts. It's for a good cause: This is a seductive rationale that loosens interpretations of deception, concealment, conflicts of interest, favoritism, and violations of established rules and procedures. I was just doing it for you: This rationalization pits values of honesty and respect against the value of caring and overetimates other people's desire to be "protected" from the truth. This is the primary justification for committing "little white lies." It's OK if I don't gain personally: This justifies improper conduct for others or for institutional purposes. I've got it coming: People who feel overworked and/or underpaid rationalize that minor "perks" (acceptance of favors, discounts, gratuities, abuse of sick leave, overtime, personal use of office supplies) are nothing more than fair compensation for services rendered. I can still be objective: This rationalization ignores the fact that a loss of objectivity always prevents perception of the loss of objectivity. It also underestimates the subtle ways in which gratitude, friendship, anticipation of future favors and the like affect judgement. I'm just fighting fire with fire: This is the false assumption that promise-breaking, lying, and other kinds of misconduct are justified if they are routinely engaged in by those with whom you are dealing. This rationale compromises your own integrity. It doesn't hurt anyone: This rationalization is used to excuse misconduct when violating ethical principles so long as no clear and immediate harm is perceived. It treats ethical obligations as simply factors to be considered in decision-making rather than as ground rules. Everyone's doing it: This is a false "safety in numbers" rationale that often confuses cultural, organizational, or occupational behaviors and customs as ethical norms. Gandhian Philosophy of wealth Management Trusteeship, as applicable to the corporate world, refers to the act of holding and managing resources on behalf of the stakeholders of the firm. Gandhian Philosophy of wealth management is based on the Servodaya principles of Truth, Non-Violence and Trusteeship; wherein class harmony between labour and management reigns supreme. According to Gandhiji, managers and proprietors of business firms are only the trustees of wealth of society.

The idea of trusteeship advocated by Gandhiji, is based on and has its origin in the Bhagaved Gita-in the principles of aparigraha (non-possession) and Sambhawa (equalism) which were ardently followed by Mahatma Gandhi. Unlike the Utilitarian motto of greatest good of the greatest number known as Teleology, Gandhijis motto was greatest good of all. Gandhijis views on labour management relations

My ideal is that capital and labour should supplement and help each other. They should be a great family living in unity and harmony; capital not only looking to the material welfare of the labourers, but their moral welfare also-capitalists being trustees of the welfare of the labouring classes under them. Gandhiji assigned a paternalist role to management in their dealings with labour Gandhiji considered trade unions to be means of workmens material and moral development. He declared that a strike is an inherent right of the working man for the purpose of securing justice, but they must be considered a crime immediately the capitalists accepts the principle of arbitration. If conflict arises between labour and management, the weapon proposed by Gandhiji is Satyagraha Gandhijis principle of Trusteeship

Trusteeship principle is foundation of philosophy of wealth management Principles of Trusteeship No recognition to right to individual property Resources must be held and utilised for the benefit of society. Management is the trustees of the stakeholders and must work towards optimising stakeholder value, not merely maximising shareholder value In case of industrialist what they produce should be determine by social necessity with optimal utilization of scarce resources and not by personal whims If workers are to work with harmony and collaboration with management then that make workers also co-trustee with the management Though wealth legally belongs of owners of business, morally belongs to society and community

Economic Idea to protect Human dignity

Fundamental ethical values dominated his economic ideas Aims at development, upliftment & enrichment of human life rather than higher standard of living with scant respect for human & social values. Effort to spiritualize economics Need for Trusteeship

1. Economic inequalities of ownership and income 2. Non-violent way of resolving socio-economic conflicts 3. Distribution of material prosperity keeping human dignity in mind 4. Dominated by moral values than economic ideas 5. Ideal combination of economics and morals Basis of the Doctrine 1. To Promote Relationship 2. Neighborliness in all walks of life 3. A means of Radical Social Change 4. Change of heart 5. Human Dignity and Charity 6. Mutuality and Well-being 7. Promote Relationship

Applicability & Benefits 1. Applies to both tangible and Intangible property 2. Not only in Business and Industrial sector but for individuals also 3. No right to destroy the property deliberately 4. Promotes relationship 5. Neighborliness in all walks of life 6. Means of radical social Change

7. Mutuality and well being

7 moral sins as Gandhiji 1. Wealth Without Work 2. Pleasure Without Conscience 3. Knowledge Without Character 4. Commerce (Business) Without Morality (Ethics) 5. Science Without Humanity 6. Religion Without Sacrifice 7. Politics Without Principle

Indian Corporate Leaders and Trusteeship Infosys, particularly from its former CEO and current chief mentor, Narayana Murthy for creating this company along with a small group of people (better sharing of wealth in society), the involvement of employees in the companys fortunes (through ESOPs) and his contentment with a mere 7% of company stock (he prefers it that way) reflect a deep-rooted commitment towards trusteeship. House of the Tatas with their corporatised initiatives for socio-corporate benefits WIPRO Cares Foundation, with a targeted corpus of Rs 100 crore for primary education; Birla foundation with its focus on socio-economic improvement in the lives of the people touched by the corporation.

..

The environment: a specific concern

The WTO has no specific agreement dealing with the environment. However, the WTO agreements confirm governments right to protect the environment, provided certain conditions are met, and a number of them include provisions dealing with environmental concerns. The objectives of sustainable development and environmental protection are important enough to be stated in the preamble to the Agreement Establishing the WTO.
The increased emphasis on environmental policies is relatively recent in the 60-year history of the multilateral trading system. At the end of the Uruguay Round in 1994, trade ministers from participating countries decided to begin a comprehensive work programme on trade and environment in the WTO. They created the Trade and Environment Committee. This has brought environmental and sustainable development issues into the mainstream of WTO work. The 2001 Doha Ministerial Conference kicked off negotiations in some aspects of the subject Function:-

Among the various functions of the WTO, these are regarded by analysts as the most important:

It oversees the implementation, administration and operation of the covered agreements.[31][32] It provides a forum for negotiations and for settling disputes.[33][34]

Additionally, it is the WTO's duty to review and propagate the national trade policies, and to ensure the coherence and transparency of trade policies through surveillance in global economic policy-making.[32][34] Another priority of the WTO is the assistance of developing, least-developed and low-income countries in transition to adjust to WTO rules and disciplines through technical cooperation and training.[35] The WTO is also a center of economic research and analysis: regular assessments of the global trade picture in its annual publications and research reports on specific topics are produced by the organization.[36] Finally, the WTO cooperates closely with the two other components of the Bretton Woods system, the IMF and the World Bank.[33]

.. Early years: emerging environment debate in GATT/WTO

Trade and environment, as an issue, is by no means new. The link between trade and environmental protection both the impact of environmental policies on trade, and the impact of trade on the environment was recognized as early as 1970.

Growing international concern about the impact of economic growth on social development and the environment led to a call for an international conference on how to manage the human environment. The 1972 Stockholm Conference was the response.

The 1971 GATT study back to top In 1972, the UN held a Conference on the Human Environment in Stockholm. During the preparations in 1971, the Secretariat of the General Agreement on Tariffs and Trade (GATT) was asked to make a contribution. The Secretariat therefore prepared a study under its own responsibility. Entitled Industrial Pollution Control and International Trade, the study focused on the implications of environmental protection policies on international trade. It reflected the concern of trade officials at the time, that such policies could become obstacles to trade as well as constitute a new form of protectionism (i.e. green protectionism). In 1971, GATT Director-General Olivier Long presented the study to GATT members (or the CONTRACTING PARTIES written in capital letters as they were officially called). He urged them to examine what the implications of environmental policies might be for international trade. In the discussions that followed, a number of GATT members suggested that a mechanism be created in GATT for the implications to be examined more thoroughly. EMIT GATT Group on Environmental Measures and International Trade back to top In November 1971, the GATT Council of Representatives agreed to set up a Group on Environmental Measures and International Trade (also known as the EMIT group), which would be open to all GATT members (i.e. GATT signatories). However,

the decision also said group would only convene at the request of GATT members. Therefore, it was not until 1991 when the members of the European Free Trade Association asked for the EMIT Group to be convened. (EFTA, at the time included Austria, Finland, Iceland, Liechtenstein, Norway, Sweden and Switzerland.) Why, after 20 years of EMITs inactivity, did EFTA make the request? EFTA referred to the upcoming 1992 United Nations Conference on Environment and Development (UNCED), and said GATT should contribute. In addition, there were a few new developments in both trade and the environment in those 20 years. Developments: 19711991 back to top Between 1971 and 1991, environmental policies began to have an increasing impact on trade, and with increasing trade flows, the effects of trade on the environment had also become more widespread. This led to a number of discussions:

During the Tokyo Round of trade negotiations (19731979), participants took up the question of the degree to which environmental measures (in the form of technical regulations and standards) could form obstacles to trade. The Tokyo Round Agreement on Technical Barriers to Trade (TBT), also known as the Standards Code, was negotiated. Amongst other things, it called for non-discrimination in the preparation, adoption and application of technical regulations and standards, and for them to be transparent. During the Uruguay Round (19861994), traderelated environmental issues were once again taken up. Modifications were made to the TBT Agreement, and certain environmental issues were addressed in the General Agreement on Trade in Services, the Agreements on Agriculture, Sanitary and Phytosanitary Measures (SPS), Subsidies and Countervailing Measures, and Trade-Related

Aspects of Intellectual Property Rights (TRIPS). In 1982, a number of developing countries expressed concern that products prohibited in developed countries on the grounds of environmental hazards, health or safety reasons, continued to be exported to them. With limited information on these products, they were unable to make informed decisions regarding their import. At the 1982 GATT ministerial meeting, members decided to examine the measures needed to bring under control the export of products prohibited domestically (on the grounds of harm to human, animal, plant life or health, or the environment). This led to the creation, in 1989, of a Working Group on the Export of Domestically Prohibited Goods and Other Hazardous Substances. In 1991, a dispute between Mexico and United States put the spotlight on the linkages between environmental protection policies and trade. The case concerned a US embargo on tuna imported from Mexico, caught using purse seine nets which caused the incidental killing of dolphins. Mexico appealed to GATT on the grounds that the embargo was inconsistent with the rules of international trade. The panel ruled in favour of Mexico based on a number of different arguments. Although the report of the panel was not adopted, its ruling was heavily criticised by environmental groups who felt that trade rules were an obstacle to environmental protection. (Details here) During this period, important developments were also taking place in environmental forums. The discussion on the relationship between economic growth, social development and environment that began at the Stockholm Conference continued throughout the 1970s and 80s. In 1987, for example, the World Commission on Environment and Development produced a report

entitled Our Common Future (also known as the Brundtland Report), in which the term sustainable development was coined. The report identified poverty as one of the most important causes of environmental degradation, and argued that greater economic growth, fuelled in part by increased international trade, could generate the necessary resources to combat what had become known as the pollution of poverty. As a result of these developments, the EMIT groups proposal met with a positive response. Despite some countries initial reluctance to have environmental issues discussed in GATT, they agreed to have a structured debate on the subject. In accordance with its mandate of examining the possible effects of environmental protection policies on the operation of the General Agreement, the EMIT group focused on the effects of environmental measures (such as eco-labelling schemes) on international trade, the relationship between the rules of the multilateral trading system and the trade provisions contained in multilateral environmental agreements (MEAs) (such as the Basel Convention on the Transboundary Movement of Hazardous Wastes), and the transparency of national environmental regulations with an impact on trade. Rio in 1992 and after back to top The activation of the EMIT group was followed by further developments in environmental forums. The 1992 UN Conference on Environment and Development (UNCED), also known as the Rio Earth Summit, drew attention to the role of international trade in poverty alleviation and in combating environmental degradation. Agenda 21, the programme of action adopted at the conference, also addressed the importance of promoting sustainable development through, amongst other means, international trade. The preparatory work for the summit had itself

influenced developing countries approach discussing trade and environment issues in the EMIT group. The concept of sustainable development had established a link between environmental protection and development at large. These moves were about to yield more concrete results within the trading system. The environment and trade were to be linked more explicitly in the new constitution of the multilateral trading system that was to be signed in 1994. Trade and environment in the WTOs founding charter back to top Towards the end of the 198694 Uruguay Round (and two decades after the EMIT group was set up in GATT), attention was once again drawn to trade-related environmental issues, and the role of the soon-to-becreated World Trade Organization (WTO). As a result, the preamble to the Marrakesh Agreement Establishing the World Trade Organization, refers to the importance of working towards sustainable development. It states that WTO members recognize: that their relations in the field of trade and economic endeavour should be conducted with a view to raising standards of living... , while allowing for the optimal use of the worlds resources in accordance with the objective of sustainable development, seeking both to protect and preserve the environment and to enhance the means for doing so in a manner consistent with their respective needs and concerns at different levels of economic development. The fact that the first paragraph of the preamble recognizes sustainable development as an integral part of the multilateral trading system illustrates the importance placed by WTO members on environmental protection. 1994 ministerial decision back to top

In Marrakesh in April 1994, ministers also signed a Decision on Trade and Environment which states that: There should not be, nor need be, any policy contradiction between upholding and safeguarding an open, non-discriminatory and equitable multilateral trading system on the one hand, and acting for the protection of the environment, and the promotion of sustainable development on the other. The decision also called for the creation of the Committee on Trade and Environment.

..
Environmental protection is a practice of protecting the natural environment on individual, organizational or governmental levels, for the benefit of the natural environment and humans. Due to the pressures of population and technology, the biophysical environment is being degraded, sometimes permanently. This has been recognized, and governments have begun placing restraints on activities that cause environmental degradation. Since the 1960s, activity of environmental movements has created awareness of the various environmental issues. There is no agreement on the extent of the environmental impact of human activity, and protection measures are occasionally criticized. Academic institutions now offer courses, such as environmental studies, environmental management and environmental engineering, that teach the history and methods of environment protection. Protection of the environment is needed due to various human activities. Waste production, air pollution, and loss of biodiversity (resulting from the introduction of invasive species and species extinction) are some of the issues related to environmental protection. Environmental protection is influenced by three interwoven factors: environmental legislation, ethics and education. Each of these factors plays its part in influencing national-level environmental decisions and personal-level environmental values and behaviors. For

environmental protection to become a reality, it is important for societies to develop each of these areas that, together, will inform and drive environmental decisions.[1] Ecosystems approach An ecosystems approach to resource management and environmental protection aims to consider the complex interrelationships of an entire ecosystem in decision making rather than simply responding to specific issues and challenges. Ideally the decision-making processes under such an approach would be a collaborative approach to planning and decision making that involves a broad range of stakeholders across all relevant governmental departments, as well as representatives of industry, environmental groups and community. This approach ideally supports a better exchange of information, development of conflict-resolution strategies and improved regional conservation.[ INDIA In 1984, there were very few laws protecting the environment in India , and there was hardly any enforcement of these laws . The environment was treated as a 'free' entity and any industry could pollute the air and water without any restrictions . Diseases were spreading rapidly due to the air pollution and aquatic animals were getting dead due the toxic substances which were released in the water.After the new law the diseases which were spreading rapidly got decreased and there was some improvement of the areas . there are many disasters which also cause damage to our natural environment like land slides , earthquakes , eruption of volcanoes and many more other disasters . Once a massive Land slide hit Pangi village near Reckong in the kinnaur district of Himachal pradesh and damaged a 200 meter stretch of old Hindustan - Tibet Road , National Highway -22. This is why there are many new laws have been passed to save the environment from the natural disasters also .

Like hazard mapping is done before to check that whether the place is suitable for building or construction of something. Construction of retention walls to stop the land from slipping and many other acts have been also taken already by the government of India . An important fact is that cleanliness of environment and good sanitation also comes in the right to life which is article number 22. If anyone feels that the sanitation is not good in the area where the person lives than that person can protest against the government according to the article number 22 that is right to life .

ENVIRONMENTAL REGULATIONS IN INDIA

Compiled by: Dr. Asit K Patra, Asstt. Director, DMI, Bhopal Indian Constitution Article 48a:

In the Directive Principles of State Policy, Article 48-A was inserted which enjoins the State to make endeavor for protection and improvement of the environment and for safeguarding the forest and wildlife of the country (42nd amendment w.e.f. 3 January 1977). Indian Constitution Article 51-A (G)

It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures (42nd amendment w.e.f. 3 January 1977). Environmental Regulations In India

Year 1974 1975 1977 1978 1981 1982/ 1983 1986 1986 1992 1994 1997 1989 1989 1991 1995 1997 1997 1998 1999 2000 2000 1999 2000 2001

Environmental Regulations Water (Prevention & Control of Pollution Act) Amendments, 1988 The Water (Prevention & Control of Pollution) Rules The Water (Prevention & Control of Pollution) Cess Act The Water (Prevention & Control of Pollution) Cess Rules The Air (Prevention & Control of Pollution) Act, Amendments, 1987 The Air (Prevention & Control of Pollution) Rules The Environment (Protection) Act, Amendments (1989,1990,1993,1996,1997,1998,1999,2000,2001) The Environmental (Protection) Rules E (P) Act Notification Environment Statement E (P) Act Notification Environmental Clearance Amendments in the Environment Clearance, Notification Public Hearing made mandatory The Hazardous Wastes (Management and Handling) Rules, Amendments, 2000, Draft Amendments 2002 Manufacture, Storage and Import of Hazardous Chemical Rules, Amendments, 1994, 2000 The Public Liability Insurance Act/Rules, 1992 The National Environment Tribunal Act Prohibition on the Handling of Azo dyes The National Environment Appellate Authority Act The Bio-Medical Waste (M&H), Rules Notification for making 100% Utilization of Fly-ash made mandatory Municipal Solid Waste (M&H) Rules Ozone Depleting Substance (R&C) Rules Regulation on recycling of Waste Oil and Non-ferrous scrape Noise Pollution (Regulations and Control) Batteries (M&H) Rules

Jurisdiction Of Environmental Legislation In India Central Government Ministry of Environment & Forest - Regional Offices Central Pollution Control Board - Zonal Offices (6) State Government State Deptt of Environment State Pollution Control Board / State Pollution Control Committee - Regional Offices

1. The Water (Prevention And Control Of Pollution) Act, 1974 Provide information to the SPCB Provide access to the SPCB for taking samples Allow entry to the SPCB to ascertain that the provisions of the Act are being compiled with.

Responsibilities: Obtain Consent to Establish Obtain Consent to Operate Apply for renewal of the Consent to Operate before the expiry of validity period Consent to be deemed as granted automatically and unconditionally after four months from the date of application already given or refused before this period Refusal of Consent to be recorded in writing Pay Water Cess as indicated in the assessment order Affix water meters of the prescribed standards Provide access to SPCB Pay interest in case of delay in paying the Water Cess Pay penalty for non-payment of Cess Industry is entitled to 25% rebate if meeting certain conditions

The Air (Prevention & Control Of Pollution) Act, 1981 Comply with the conditions in the Consent to Establish or Consent to Operate Not to discharge air pollutant(s) in excess of the prescribed standards Furnish information to the SPCB of any accident or unforeseen act or event Allow entry to the SPCB to ascertain that provisions of the Act are being complied with Provide information to enable SPCB to implement the Act Provide access to the SPCB for taking samples Comply with the directions issued in writing by the SPCB Obtain Consent to Establish Obtain Consent to Operate Apply for the renewal of Consent to Operate before expiry of the validity period Consent to be deemed as granted after four months from the date of receipt of application if no communication from the SPCB is received A prior Notice of Inspection to be served by the SPCB Industry to ensure that specified emission sampling procedure is being followed by the SPCB Opportunity to file objections with the SPCB within 15 days from the date of service of notice PCB to record reasons in writing in case it does not provide an opportunity to the industry to file objections

Environment (Protection) Act, 1986 Comply with the directions issued by the Central Government. The direction may include: closure, prohibition or regulation of any industry, or stoppage or regulation of the supply of electricity, water or any other service Prevent discharges or emissions excess of the prescribed standards Furnish information of any accidental or unforeseen event Allow entry and inspection to ascertain compliance Allow samples to be taken

Submit an Environmental Statement every year before 30th September to the SPCB Obtain prior Environmental Clearances from MoEF, in case of a new project or for modernization/expansion of the existing project

The Hazardous Waste (Management And Handling) Rules, 1989, Amendments 2000 Check whether the waste(s) generated covered in Schedule 1 and 2 of the amendment rules, 2000 If covered, apply in the Prescribed Format to obtain an Authorization for proper treatment and disposal of hazardous waste(s) and comply with the conditions specified in the authorization Take steps, wherever feasible for reduction, recovery and recycling of wastes Ensure proper collection, reception, treatment, storage and disposal of hazardous wastes Apply for renewal of authorization before expiry of the validity period Maintain records of hazardous wastes handling (Form 3) Submit Annual Returns to the SPCB (Form 4) Report to the SPCB any accident Labeling, Packaging, Transportation of HW as per Motor Vehicle Act, 1988 and Rules 1989

The Hazardous Waste (Management And Handling) Rules, 1989, Amendments 2000, Draft Amendments 2002 Draft Amendments, 2002 (Dt. 21st May 2002) Clarification on the definition of Hazardous Wastes List of hazardous waste according to schedule 1 is being modified Procedure for registration of re-processors of non-ferrous scrap and waste oil Schedule for hazardous wastes prohibited for import to and export from India

Manufacture, Storage And Import Of Hazardous Chemical (Amendment) Rules, 1994, 2000 Identify whether the chemicals handled, used and stored or imported are covered in the Schedule 1 and/or 3 of the Rules, Schedule 2 for isolated storages.

If covered in schedule 1: Occupier to identify hazards associated with industrial activity and take adequate steps for prevention and control Occupier to provide relevant information to persons liable to be affected by a major accident Occupier to develop information in the form of a safety data sheet Occupier to notify the concerned authorities within 48 hours of the occurrence of a major accident Occupier to label the specified information on every container of hazardous chemicals. an up-to-date safety report at least ninety days before making any

Occupier to submit modification.

Occupiers of new and existing industrial activities to carry out safety audit and submit report within 30 days.

Occupier to submit a safety audit update report once a year and forwarding a copy within 30 days.

Occupier to prepare up-to-date on-site emergency plan before commencing a new industrial activity involving specified chemicals.

Occupier shall conduct a mock drill of emergency plan every six months and submit a report.

Occupier to maintain records of imports of hazardous chemicals and to provide information to the concerned Authority.

Occupier to ensure the transportation of hazardous chemicals as per the provisions of the Motor Vehicles Act, 1988.

The Public Liability Insurance Act, 1991

Owner to provide relief in case of death or injury or damage to property from an accident on the principle of no fault.

Owner to draw insurance policies more than the paid-up capital but less than Rs. 50 Crores.

Paid-up Capital is the market value of all assets and stocks on the date of insurance.

Owner to pay additional amounts as contribution to the Environmental Relief Fund.

Owner to provide any information required for ascertaining compliance with the provisions of the Act .

Owner to allow entry and inspection to ascertain compliance with the provisions of the Act.

Owner to pay the amount of an awarad as specified by the Collector.

Comply with the directions issued in writing by the Central Government, directions may include ;

i) ii)

prohibition or regulations of handling of any hazardous substances, or stoppage or regulation of the supply of electricity, water or any other service.

Environmental Clearance

Grant of Environmental Clearance (1994)

If the industrial unit comes under the specified project, then environmental clearance would be required from he Ministry of Environment and Forests for new projects as well as for Expnsion / modernisation of Existing projects if pollution load is increasing.

Public Hearing (1997)

Who Requires Environmental Clearance?

The following project categories are required to obtain environmental clearance

 New Projects If investment is more than Rs. 100 crores Nuclear power plant and related projects, such as Heavy Water Plants, nuclear fuel complex, rare earths. River valley projects including hydro power, major irrigation projects and a combination, including flood control, Ports harbours, airports (except minor ports and harbours) Petroleum refineries including crude and product pipelines. Chemical fertilizers Exploration for oil and gas and their production transportation and storage Synthetic Rubber Primary metallurgical industaries ; Electric Arc Furnaces (Mini Steel Plants) Viscose staple fibre and filamentyarn Storage batteries integrated with the manufacture of oxides of lead and lead antimony alloy, Thermal power plants Pulp paper and newsprint Cement Any project proposed to be located within twenty five Km of Reserved forests Ecologically sensitive areas which may include National Parks, Sanctuaries, Biosphere Reserves, Critivally polluted areas Or within fifty kms of inter-state boundary shall require environmental clearance from the Central Government The following project categories, irrespective of the investment :

Pesticides Bulk drugs and pharmaceuticals Asbestos and asbestos products, All tourism projects between 200 500 meters of a High Tide Line and at locations with an elevation of more than 1,000 meters with investments of more than Rs. 5 crores.

Mining projects (with leases of more than 5 hectares) Highway projects except projects relating to improvement work

Petrochemical Complexes Tarred roads in the Himalayas and forest areas Distilleries Raw skins and hides Dyes Foundries Chlor-alkali industry Hydrocyanic Acid Electroplating Meta amine phenol Small scale industrial units in project categories mentioned above. With investments less than Rs. 1 crore and Which are on the reserved list Are exempted from environmental clearance

For obtaining site clearance, application is to be submitted giving the location of the project along with requisite details, to the Ministry of Environment and Forests

The Ministry of Environment and Forests will convey its decision about the suitability of the proposed site within a maximum period of 30 days.

Environmental Clearance Last Opportunity by MoEF for the defaulting project proponents To seek environment Clearance by 31st March, 2003

Environmental Clearance can be taken for industrial estates. The National Environment Tribunal Act, 1995 To provide for strict liability for damages arising out of any acciadent occuring while handling any hazardous substance To establish a National Environment Tribunal fr grating relief and compensation The Tribunal may if it thinks fit take up cases for claims for compensation suo moto (on its own)

A claimant making an application may also make an application for immediate relief under the Public Liability Insurance Act.

Bio-medical Waste (Management & Handling) Rules, 1998. Proper segregation of wastes & Labeling as specified

Install Pollution Control Systems Like Incinerators, autoclaves or microwaves aor adopt dee burial and meet the prescribed limits of emisions

Comply with the dead-line stipulated to install the pollution control systems

Transportation of waste as per the norms.

Regulation on Recycling of Waste Materials, 1999, 2000 The waste materials targeted : waste oils, lead acid batteries, non-ferrous wastes

The auction / sale of these materials to only authorised recyclers who are registered with the Ministry of Environment & Forests, Govt of India

No trader can take such type of waste

Noise Pollution (Regulation & Control) Rules, 2000

Aiming to regulate and control noise from sources like, industrial activity, construction activity, generator sets, loud speakers, public address systems, music systems, vehicular horns and other mechanical devices.

The prescribed Ambient Noise Levels are to be complied with

A loud speaker should not be used except after obtaining written permission from the authority

If the noise level exceeds the ambient standards by 10d(B) A, complaint can be lodged to the authority.

Batteries (M & H) Rules, 2001

Responsibilities for Manufacturers, users auctioners, dealers and importers of batteries

Manufactures are to take initiatives to collect the spent batteries back

Recyclers / re-processors of batteries need to register themselves with the MoEF

Procedural Requirements to Operate an Industry

Seek from SPCB the Consent to Establish and Consent to Operate under Water and Air Acts and apply for their renewal

Submit to the SPCB Water Cess Return as per the periodicity given

Comply with the effluent / mission standards for source or General Standards as per the E(P) Act

Seek from SPCB an `autorisation under the HW under the HW (M & H) Rules and apply for its renewal

Maintain the records of the hazardous Waste produced

Seek Environmental Clearance for the specified project

Submit Environmental Statement every year

For the chemicals handled, check under which Schedule of MSIHC, Rules it is covered

Follow the requirements given in the MSIHC, Rules

Provide the workers with information, training & equipment

Inform the major accidents to the prescribed authority

Notification of Site & Submit Safety Report if applicable

Prepare on-site emergency plan

Undertake mock audits

Submit `Safety Audit Report to the Prescribed Authority

Leveling, packaging and transportation of hazardous chemicals according to Motor Vehicle Act / Rules

The Indian Boiles Act 1923 & Rules 1961

The Indian Electricity Act 1910 & Rules 1956

The Explosives act, Gas Cylinder Rules 1981