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Bussiness Environment I Hereby Certify That the Project Report Submitted, Entitled BUSSINESS ENVIRONMENT I HEREBY CERTIFY THAT THE PROJECT REPORT SUBMITTED, ENTITLED “REPORT ON VARIOUSACTS IN INDIA “ IT IS PREPARED BY MY OWN, IN REQUIREMENT TO SUBMIT THE ASSIGNMENT TO Mr. CHRIS. FOR THIS REPORT I HAD TO TAKE MANY FACTS AND VARIOUS OTHER DATA FROM DIFFERENT SOURCES. BUT I HAVE MENTIONED THE SOURCES OF THAT DATA IN BIBIOGRAPHY. BY- DATE-18-MAY-2014 DAMNEET KAUR PLACE- APG SHIMLA UNIVERSITY BBA- IVTH SEM SHIMLA HP TABLE OF CONENT S.NO TOPICS PAGE . NO. 1 CERTIFICATE OF 2 ORIGINALITY 2 ABSTRACT 4 3 ANALYSE 5-16 4 CONCLUSION 17 5 BIBLOGRAPHY 18 India maintains a common law legal system inherited from the colonial era and various legislations first introduced by the British are still in effect in modified forms today. During the drafting of the Indian Constitution. Indian laws also adhere to the United Nations guidelines on human rights law and the environmental law. Indian family law is fairly complex, with each religion adhering to its own specific laws. In most states, registering of marriages and divorces is not compulsory. Separate laws govern Hindus, Muslims, Christians, Sikhs, and followers of other religions. The exception to this rule is in the state of Goa, where a uniform civil code is in place, in which all religions have a common law regarding marriages, divorces, and adoption. Ancient India represented a distinct tradition of law, and had a historically independent school of legal theory and practice. Early in this period, which culminated in the creation of the Gupta Empire, relations with ancient Greece and Rome were not infrequent. Inter-State relations in the pre-Islamic period resulted in clear-cut rules of warfare of a high humanitarian standard, in rules of neutrality, of treaty law, of customary law embodied in religious charters, in exchange of embassies of a temporary or semi permanent character. With the advent of the British raj, there was a break in tradition, and Hindu and Islamic law were abolished in favour of British common law. The Constitution of India, which came into effect on the 26th of January, 1950 is the lengthiest written constitution in the world. The constitution prescribes a federal structure of government, with a clearly defined separation of legislative and executive powers between the Federation and the States. Each State Government has the freedom to draft it own laws on subjects classified as state subjects 1. Laws passed by the Parliament of India and other pre-existing central laws on subjects classified as central subjects are binding on all citizens. The Indian Penal Code formulated by the British during the British Raj in 1860, forms the backbone of criminal law in India. The Code of Criminal Procedure, 1973 governs the procedural aspects of the criminal law. This report has detailed information about the following acts – Environment Protection Act 1986 Consumer Protection Act 1986 The Companies Act 1956 The Industries Development and Regulation Act 1951 Foreign Exchange Regulation Act 1973 Indian Contract Act 1872 The Monopolies and Restrictive Trade Practices Act 1969 Essential Commodities Act 1955 ENVIRONMENT PROTECTION ACT 1986 In the wake of the Bhopal Tragedy, the Government of India enacted the Environment Protection Act of 1986 under Article 253 of the Constitution. The purpose of the Act is to implement the decisions of the United Nations Conference on the Human Environment of 1972, in so far as they relate to the protection and improvement of the human environment t and the prevention of hazards to human beings, other living creatures, plants and property. The Act is an “umbrella” legislation designed to provide a framework for central government coordination of the activities of various central and state authorities established under previous laws, such as the Water Act and the Air Act. The concern over the state of environment has grown the world over since the sixties. The decline in environmental quality has been evidenced by increasing pollution, loss of vegetal power and biological diversity, excessive concentration of harmful chemicals in the ambient atmosphere and in food chains, growing risks of environmental accidents and threat to life support systems. From time to time various legislations relating to protection of environment from specific types of pollution have been passed by the Indian legislature. However, the Environment (Protection) Act, 1986 is the most comprehensive act on the Indian statute book relating to environment protection. It is a general legislation for the protection of environment. It was enacted under Article 253 of the Constitution. The Environment (Protection) Act was enacted in 1986 with the objective of providing for the protection and improvement of the environment. It empowers the Central Government to establish authorities [under section 3(3)] charged with the mandate of preventing environmental pollution in all its forms and to tackle specific environmental problems that are peculiar to different parts of the country. The Act was last amended in 1991. Object and purpose of the Environmental Protection Act 1986 The Environment (Protection) Act, 1986 extends to the whole of India and it came into force on November 19, 1986. After the enactment of Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981, it was thought that there should be a general legislation for environmental protection as well as for coordinating the activities of various regulatory agencies. Need was felt to create authority with adequate power for environment protection, regulation of discharge, handling of hazardous substances, speedy response to accidents threatening environment and deterrent punishment to those who endanger human environment, safety and health. Following are the objectives of EPA, 1986: · To implement the decisions made at the U.N. Conference on the Human Environment held at Stockholm in June, 1972. · To co-ordinate activities of the various regulatory agencies under the existing laws and creation of an authority or authorities for environment protection. · To provide for deterrent punishment to those who endanger human environment, safety and health. · To ensure sustainable development is also one of the goals of the EPA, 1986. If the act is not armed with the powers to ensure sustainable development, it will become a barren shell. · To enact general law on environmental protection which could cover uncovered gaps in the areas of major environmental hazards as the existing laws generally focused on specific types of pollution or on specific categories of hazardous substances and some major areas of environmental were not covered. In short, the EPA, 1986 aims at protecting and improving the environment and prevention of hazards to human beings, other living creatures, plant and property. POWER OF THE CENTRAL GOVERNMENT TO TAKE MEASURES TO PROTECT AND IMPROVE ENVIRONMENT: The Central Government has the power to take all such measures as it deems necessary for the purpose of protecting and improving the quality of environment and preventing, controlling and abating environmental pollution. Such measures may include: Co-ordination of actions by the State Government officers and other authorities under this act or under any law. Planning and execution of nation- wide programmes for the prevention, control and abatement of environmental pollution. Laying down standards for the quality of environment in the various aspects. Laying down standards for the emission or discharge of environmental pollutants. Restriction of areas in which any industry, operation or process shall be carried out. Laying down procedures and safeguards for handling of hazardous substances. Examination of manufacturing processes, materials and substances which are likely to cause environmental protection. Consumer Protection Act of 1986 Consumer protection means the protection of the consumers from their exploitation by the unfair trade practices of the producers/sellers. Consumer protection is a group of laws and organizations designed to ensure the rights of consumers as well as fair trade competition and the free flow of truthful information in the marketplace. The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors; they may also provide additional protection for the weak and those unable to take care of themselves. Consumer protection laws are a form of government regulation, which aim to protect the rights of consumers. Consumer interests can also be protected by promoting competition in the markets which directly and indirectly serve consumers, consistent with economic efficiency, but this topic is treated in competition law. Consumer protection can also be asserted via non-government organizations and individuals as consumer activism. Consumer law Consumer protection covers a wide range of topics, including but not necessarily limited to product liability, privacy rights, unfair business practices, fraud, misrepresentation, and other consumer/business interactions. In India the consumer law implies … In India, the Consumer Protection Act of 1986 is the law governing consumer protection. Under this law, Separate Consumer Dispute Redressal Fora have been set up throughout India in each and every district in which a consumer [complaint can be filed by both the consumer of a goods as well as of the services] can file his complaint on a simple paper with nominal court fees and his complaint will be decided by the Presiding Officer of the District Level. Appeal could be filed to the State Consumer Disputes Redressal Commissions and after that to the National Consumer Disputes Redressal Commission (NCDRC). SALIENT FEATURES OF THE ACT - - In this unit you will study the basic provisions of the Consumer Protection Act, 1986. The detailed rights of the consumers and how those rights can be enforced (i.e., the various reliefs available to consumers) …Salient features of the Act are: 1) The Act aims to provide better and all-round protection to consumers. 2) In terms of geographical application, it applies to the whole of India except the State of Jammu and Kashmir.
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