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UNIT 3 – COPRA, ENVIRONMENTAL LAW AND COMPETITION ACT

CONSUMER PROTECTION ACT, 1986

Consumer Protection and Regulation Act (COPRA, 1986) (2 marks)
Introduction:
Based on the principle of ―Caveat Emptor‖. All the earlier acts require consumer to initiate
action by civil suit which involves lengthy legal process. Therefore needed a simpler and
quicker mechanism to protect interest of consumer and creating a body for settlement of
consumer disputes.
Came into force on 15.04.1987. It covers all sectors including public, private or cooperative. The
provisions of the act are compensatory in nature.
History of Consumer Protection Act (13 marks)
From rocks in Stone Age Period, Influence of epics – any defective product is received due to
fate, Manu Smrithi, Vedas, Quran, Bible, Kautilya‟s Arthasastra was the first person to formalize
the concept of Consumerism, Yet no organized movement, Average Indian consumer is known
for his patience and tolerance, In saying customer is kind but in reality they are treated as slave,
items once sold will never be received back or refunded, Completely unethical, Illegal and
immoral, later exchange and return were slowly introduced, high degree of consumer preference,
consumer resistance, consumer awareness, today consumerism find it origin from 19th and early
20th century, US congress first enacted and passes Law of Consumer Protection in 1872, mail
fraud and false advertising, it focus on preventing unsafe, unhealthy and dangerous product,
Passed Anti-Trust Act in 1890, Pure Food & Drug Act 1906, Federal Trade Commission 1914,
Food & Drug Administration Act 1931, Food, Drug & Cosmetic Act 1938. All these acts prevent
monopolies also, John F Kennedy was 1st one to define consumer rights (1962), Ralph Nader
came with book titled “Unsafe at any Speed” in 1967 and he is known as Ralph Nader, All these
leads to consumer welfare, Right of choice, Right of information, Right to redressal, Public
hearing and Consumer Education.
Object of the Act: (2 marks)
 To protect Interest of Consumer.
 To Promote and protect the rights of consumers.

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 To protect against goods and services which are hazardous to life & property.
 Right to be informed about the quality, quantity, potency, purity, standard and price of
the goods or service.
 Right to protect against unfair trade practices.
 Right to assured to access goods and services at competitive prices
 Right to seek redressal against unfair trade practices or unscrupulous exploitation of
consumer.
 Right to education consumer.
 To have better consumer protection council.
 To have quasi-judicial machinery for speedy redressal of consumer dispute.
Rights of Consumer (2 marks)
To protect against goods and services which are hazardous to life & property.
Right to be informed about the quality, quantity, potency, purity, standard and price of the goods
or service.
Right to protect against unfair trade practices.
Right to assured to access goods and services at competitive prices
Right to seek redressal against unfair trade practices or unscrupulous exploitation of consumer.
Right to education consumer.
Definitions
Complainant: (2 marks)
Consumer or any voluntary association or CG or SG or both or one or more consumers or in case
of death of consumers; legal heir or representatives of consumer.
Complaint: (2 marks)
It means any allegation in writing made by complainant with a view to obtain any relief
provided under the act. The allegation in writing must be pertaining to unfair trade practices or
restrictive trade practices, deficiency in services, excessive price charged, goods of hazardous
nature.
Consumer: (2 marks)
Consumer means any person who buy any goods for consideration. Consumer doesn‟t include
a person who obtain goods for resale or any other commercial purpose.
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Goods: According to Sale of Goods Act, 1930: Every kind of movable property other than
shares, growing crops, grass or things attached to or forming a part of land. (2 marks)
Services: Services is defined as any act or performances which are essentially intangible,
transferred from one party to another and doesn‘t results in ownership. It includes
entertainment, education, finance, government, hospitality, health care, information technology,
professional, retail, wholesale, transport, public utilities. (2 marks)
Defect or Deficiency: It means any fault, imperfection, shortcoming in the quality, potency,
purity or standard which has to be maintained in goods or services.
Manufacturer: (2 marks)
Manufacturer means a person who – makes or manufactures any goods or parts or assembles or
put his own mark on any goods.
Trader: Trader means a person who sells or distributes any goods for sale.
Restrictive Trade Practices: (2 marks)
It means a trade practice which tends to bring about manipulation of price or its condition of
delivery or affect flow of supplies or delay beyond agreed period.
Unfair Trade Practices: (2 marks)
It means a trader adopts unfair or deceptive practices for promoting the sale such as falsely
representing standard, quality, quantity, grade, style or model or false or misleading
representation concerning usefulness.
Spurious goods & services:
It means such goods and services which are claimed to be genuine but actually not so.
Relief available to the consumer: (2 marks)
Removal of defects from the goods, Replacement of the goods, Refund of price paid, Award of
compensation for loss or injury suffered, Removal of defect or deficiencies, discontinuous of
unfair trade practices, withdrawal of hazardous and award of adequate cost to parties.
Consumer grievances redressal: (4 marks)
The basic purpose behind a grievance redressal mechanism is to provide a platform to the
citizens to lodge their complaints. It bridges the communication gap between the municipal
bodies and citizen and act as a platform through which the can get their grievances addressed.

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Components of Grievances consists of a) Avenues, b) Complaint redressal process that consists

of Complaint recording, Complain resolution and Monitoring, Reporting and Complaint analysis
& c) Feedback
Avenues include various channels used by aggrieved consumers to redress the citizens are phone,
walk-in and online. Complaint recording means recording all relevant details of complaint,
complaint resolution means forwarding the complaint to concerned department and monitoring,
reporting and complaint analysis. Feedback helps to improvise the system with respect to
changing needs.
CONSUMER DISPUTE REDRESSAL FORUM (13 marks)
3 tier structure
a) The District Forum: established by State Government and deals with complaints under
the value of Rs. 20 lakhs.
Composition & Qualification: A person who is or has been District Judge, shall be president, 2
other members, one shall be women: more than 35 years of age, possess a bachelor degree,
person of ability, integrity & have adequate knowledge and experience (> 10 years) in
economics, law, commerce, accounting, industry, public affairs or administration.
Disqualification: Has been convicted and sentence to imprisonment, insolvent, unsound mind or
removed from any service.
Procedure on admission of complaint: Send reference of sample to lab. Deposit lab fees,
Forward report to parties, Objection to any parties and give reasonable opportunity to parties
being heard.
Powers: Summoning and enforcing attendance, demand production of any document, receipt of
evidence, requisition of report from lab, issue commission to lab, any other matters prescribed.
Findings: Removal of defects from the goods, Replacement of the goods, Refund of price paid,
Award of compensation for loss or injury suffered, Removal of defect or deficiencies,
discontinuous of unfair trade practices, withdrawal of hazardous and award of adequate cost to
parties.
Appeal: Within 30 days from date of order.
b) The State Commission: established by State Government and deals with complaints
between Rs. 20 lakhs – 1 crore.

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Composition & Qualification: A person who is or has been High court Judge, shall be
president, 2 other members, one shall be women: more than 35 years of age, possess a bachelor
degree, person of ability, integrity & have adequate knowledge and experience (> 10 years) in
economics, law, commerce, accounting, industry, public affairs or administration.
Disqualification: Has been convicted and sentence to imprisonment, insolvent, unsound mind or
removed from any service.
Procedure on admission of complaint: Send reference of sample to lab. Deposit lab fees,
Forward report to parties, Objection to any parties and give reasonable opportunity to parties
being heard.
Powers: Summoning and enforcing attendance, demand production of any document, receipt of
evidence, requisition of report from lab, issue commission to lab, any other matters prescribed.
Findings: Removal of defects from the goods, Replacement of the goods, Refund of price paid,
Award of compensation for loss or injury suffered, Removal of defect or deficiencies,
discontinuous of unfair trade practices, withdrawal of hazardous and award of adequate cost to
parties.
Appeal: Within 30 days from date of order.
c) The National Commission: established by Central Government and deals with
complaints value more than 1 crore.
Composition & Qualification: A person who is or has been Judge or Supreme court, shall be
president, 2 other members, one shall be women: more than 35 years of age, possess a bachelor
degree, person of ability, integrity & have adequate knowledge and experience (> 10 years) in
economics, law, commerce, accounting, industry, public affairs or administration.
Disqualification: Has been convicted and sentence to imprisonment, insolvent, unsound mind or
removed from any service.
Procedure on admission of complaint: Send reference of sample to lab. Deposit lab fees,
Forward report to parties, Objection to any parties and give reasonable opportunity to parties
being heard.
Powers: Summoning and enforcing attendance, demand production of any document, receipt of
evidence, requisition of report from lab, issue commission to lab, any other matters prescribed.

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Findings: Removal of defects from the goods, Replacement of the goods, Refund of price paid,
Award of compensation for loss or injury suffered, Removal of defect or deficiencies,
discontinuous of unfair trade practices, withdrawal of hazardous and award of adequate cost to
parties.
Appeal: Within 30 days from date of order.

DR K S USMAN MOHIDEEN, B.Com, M.B.A, M.H.R.M, M.Com, M.Sc (Psychology), M.A (Economics) Ph.D
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ENVIRONMENT RELATED PROVISIONS IN THE INDIAN CONSTITUTION

Environmental laws are an important part of any governance body. It comprises a set of laws and
regulations concerning air quality, water quality, and other aspects of the environment.

The Water (Prevention and Control of Pollution) Act, 1974

Objective: To provide prevention and control of water pollution. Maintaining or restoring of

wholesomeness and purity of water in the various sources of water.

It vests regulatory authority in Centre Pollution Control Boards (CPCB) and State Pollution
Control Board (SPCB).

CPCB and SPSB are statutory bodies created under the Water Act, 1974. It empowers CPCB and
SPCB to establish and enforce effluent standards for factories discharging pollutants into water
bodies.

CPCB performs these same functions for union territories along with formulating policies related
to the prevention of water pollution and coordinating activities of different SPSBs.

SPCB controls sewage and industrial effluent discharge by approving, rejecting, and granting
consent to discharge.

The Air (prevention and control of pollution) act, 1981

Scope

Came into force on 29th March 1981. This Act applies to the whole of India.

Section 2(a) defines ‗air pollutant‘ as any solid, liquid or gaseous substance that may be
harming or injuring the environment, humans, other living creatures, plants or even property.
Through a 1987 Amendment, the noise was also included in the list of substances that are
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deemed to be harmful to the environment. Therefore, this Act also provides for the regulation of
noise pollution.

The act targets to control and prevent air pollution in India and its main objectives are:

 To provide for prevention, control, and abatement of air pollution.

 To provide for the establishment of the boards at the central and state levels to implement
the act.

CPCB and SPCB were given the responsibility.

It states that the sources of air pollution such as internal combustion engines, industry, vehicles,
power plants, etc., are not permitted to release particulate matter, lead, carbon monoxide, sulfur
dioxide, nitrogen oxide, volatile organic compounds (VOCs), or other toxic substances beyond
the predetermined limit.

It empowers the state government to designate air pollution areas.

The Ozone-Depleting Substances (Regulation and Control) Rules, 2000.

It set deadlines for phasing out of various Ozone Depleting Substances (ODSs) and regulating
production, trade import, and export of the product containing ODS.

These rules prohibit the use of CFCs, halons, ODSs such as carbon tetrachloride and methyl
chloroform, and SFC except in metered-dose inhalers and for other medical purposes.

Coastal Regulation Zone Notification 2018:

It was notified based on the recommendations of the Shailesh Nayak Committee.

To promote sustainable development while taking into account the natural hazards such as
increasing sea levels due to global warming.

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To conserve and protect biodiversity besides livelihood security to local communities including
the fishermen.

CRZs have been classified into 4 zones for regulation:

1. CRZ I– ecologically sensitive areas such as mangroves, coral reefs, salt marshes, turtle
nesting ground, and the inter-tidal zone.
2. CRZ II– areas close to the shoreline, and which have been developed.
3. CRZ III- Coastal areas that are not substantially built up, including rural coastal areas.
4. CRZ IV- water area from Low Tide Line (LTL) to the limit of territorial waters of India.

The Energy Conservation act, 2001

It was enacted as a step towards improving energy efficiency and reducing wastage. It specifies
the energy consumption standards for equipment and appliances.

It prescribes energy consumptions norms and standards for consumers. It prescribes energy
conservation building codes for commercial buildings.

Bureau of energy efficiency (BEE) is a statutory body established under the act.

Biological Diversity Act 2002

It was implemented to give effect to CBD, Nagoya Protocol.

To check biopiracy, protect biological diversity, and local growers through a three-tier structure
of central and state boards and local committees.

To set up National Biodiversity Authority (NBA), State Biodiversity Boards (SBBS), and
Biodiversity Management Committees (BMCS).

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Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights)
Act, 2006 (FRA)

The act recognizes and vests the forest rights and occupation in forest land in Forest Dwelling
Scheduled Tribes (FDST) and Other Traditional Forest Dwellers (OTFD)who have been residing
in such forests for generations. This act comes under the aegis of the Ministry of Tribal Affairs.

The act also establishes the responsibilities and authority for sustainable use, conservation of
biodiversity, and maintenance of the ecological balance of FDST and OTFD.

It strengthens the conservation regime of the forests while ensuring the livelihood and food
security of the FDST and OTFD.

It seeks to rectify colonial injustice to the FDST and OTFD who are integral to the very survival
and sustainability of the forest ecosystem.

The act identifies four types of rights:

1. Title rights

It gives FDST and OTFD the right to ownership of land farmed by tribals or forest dwellers
subject to a maximum of 4 hectares.

Ownership is only for land that is being cultivated by the concerned family and no new lands
will be granted.

2. Use rights

The rights of the dwellers extend to extracting Minor Forest Produce, grazing areas, pastoralist
routes, etc.

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3. Relief and development rights

To rehabilitation in case of illegal eviction or forced displacement and basic amenities, subject to
restrictions for forest protection

4. Forest management rights

It includes the right to protect, regenerate or conserve or manage any community forest resource
which they have been traditionally protecting and conserving for sustainable use.

The National Green Tribunal Act, 2010

It was established in concurrence to Rio Summit 1992 to provide judicial and administrative
remedies for the victims of the pollutants and other environmental damage.

It also agrees with article 21, the Right to a healthy environment to its citizens of the
constitution.

The NGT has to dispose of the cases presented to it within 6 months of their appeals.

NGT has original jurisdiction on matters related to substantial questions of the environment.

NGT deals with the civil cases under the 7 acts related to the environment:

1. Water (Prevention And Control Of Pollution) Act, 1974

2. Water (Prevention And Control Of Pollution) Cess Act, 1974
3. Air (Prevention And Control Of Pollution) Act, 1977
4. Forest Conservation Act, 1980
5. Environmental Protection Act, 1986
6. Public Liability Insurance Act 1991
7. Biological Diversity Act, 2002
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2 acts have been kept out of the jurisdiction of NGT:

1. Wildlife Protection Act, 1972

2. Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights)
Act, 2006 (FRA)

The decisions of the NGT can be challenged in High Courts and the Supreme Court.

Compensatory Afforestation Fund Act, 2016

The CAF Act was enacted to manage the funds collected for compensatory afforestation which
till then was managed by ad hoc Compensatory Afforestation Fund Management and Planning
Authority (CAMPA).

 Compensatory afforestation means that every time forest land is diverted for non-forest
purposes such as mining or industry, the user agency pays for planting forests over an
equal area of non-forest land, or when such land is not available, twice the area of
degraded forest land.

As per the rules, 90% of the CAF money is to be given to the states while 10% is to be retained
by the Centre.

The funds can be used for the treatment of catchment areas, assisted natural generation, forest
management, wildlife protection and management, relocation of villages from protected areas,
managing human-wildlife conflicts, training and awareness generation, supply of wood saving
devices, and allied activities.

The Wild Life (Protection) Act, 1972

Came into force on 9th September 1972.

The Act provides for the protection of wild animals, birds, and plants; and for matters connected
therewith or ancillary or incidental thereto. It extends to the whole of India.
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Statutory bodies under WPA:

1. National Board for Wildlife and state wildlife advisory boards

2. Central Zoo Authority
3. Wildlife Crime Control Bureau
4. National Tiger Conservation Authority

Objectives of Wild Life (Protection) Act, 1872

1. One of the main objectives is to prohibit the hunting of wild animals, various species
of birds etc.
2. It lays down various punishments for the violation of rules and regulations to have
proper control over the activities of human beings and to serve the various purposes of
this Act.
3. Various Schedules contained under this Act give absolute protection to some
endangered species so that they can be protected.
4. To provide shelter and protect the animals which are not in danger but need protection
and security.
5. To specially protected animals that can be hunted like ducks, deer etc. For hunting
such animals, the hunter has to obtain a license from the District Officer. If the license
is granted, he would be given a certain restricted area to shoot the animals and in a
particular season. Any of the acts which result in infringement of such a license will be
cancelled.
6. One of the important objectives is to give powers in the hand of officers to punish the
one who is guilty under this Act.
7. To help the state government and central government to declare any area as sanctuaries
or national parks.
8. To plant trees and build protected animal parks so that such animals are protected in
environment-friendly and natural areas.
9. To establish wildlife advisory boards, wildlife warden and to appoint the members
with their duties and power.
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10. To support the Convention of International Trade in Endangered Species of Fauna and
Flora (CITES, 1976).
11. To support the launching of the National component of UNESCO‟s Man and
Biosphere Programme, 1971.
12. To provide protection even for some endangered plants.
13. To impose a ban on trade and commerce of certain protected species.
14. To provide trade and commerce of some wild species by providing a license for
possession, sale, and transfer.
15. To maintain the diversity of flora and fauna of the country and also to maintain a
healthy ecological balance.

The Environment Protection Act, 1986

History

This act was passed under article 253 (legislation for giving effect to international agreements)

This was passed in the wake of the Bhopal gas tragedy in December 1984.

It was enacted to achieve the UN conference on the Human Environment, 1972- Stockholm
declaration.

The government of India strongly voiced against the environmental concerns and further passed
many Acts related to the environment.

Eco-sensitive zones or ecologically fragile areas are notified by MoEFCC under EPA, 1986 – 10
km buffer zones around protected areas.

Statutory bodies under the EPA, 1986:

1. Genetic Engineering Appraisal Committee

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2. National Coastal Zone Management Authority (later converted to National Ganga

Council under Ministry of Jal Sakthi)

Objectives

 Creation of authority for government protection.

 Coordinating the activities of various regulating agencies which is done under the
existing law.

 The main task is to enact general laws for environmental protection, which could be
unfolded in areas of severe environmental hazards.

 Providing deterrent punishment to those who inculcate in endangering the human

environment, safety and health.

The Environment Protection Act, 1986 extends to whole India and it came into force on 19th
November.

Powers of the Central government

 Laying down the standards for the quality of the standards of the environment.

 Coordination of actions which are obliged to the state officers and other authorities under
any law.

 Execution and proper planning of the worldwide national programme for the prevention,
controlling and the abatement of environmental pollution.

 Restrictions to be applied in any of the industries, process and any operation shall be
carried out.

 It is the power and the duty of the government to lay down the procedure to carry forward
safeguards for the prevention of many inevitable accidents which may inculcate in more
environmental pollution.
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 Proposal of remedies should be put forward for the protection and prevention of further
incidents.

 Duty and power to lay down the procedures and safeguards to handle the hazardous
substance.

 Examination of manufacturing processes should be done, materials, substances which are

likely to cause environmental pollution.

 Power to inspect at various premises, equipment, material and the substances and power
to direct the authorities for the prevention and control of environmental pollution.

 To collect the dissemination in the respect of information related to environmental

pollution.

 Preparation of the manuals, codes, guides which are considered suitable enough for
controlling environmental pollution.

 One of the most important tasks is to establish the laboratories.

 Serving other matters which are necessary for the central government to deal for the
effective implementation of the Environmental Protection Act, 1986.
Rules

The rules of Environment protection came into force on 19th November 1986 and these rules
provide for the following: The standards of quality of air, soil and water for various areas and
purposes of environment. The standard set up to know about the limits of the environmental
pollutants. Rules include the procedure and safeguards needed to handle the hazardous
substance. Restrictions and some prohibitions on handling the hazardous substances in different
areas and premise. The procedures and safeguards required for the prevention of accidents which
may cause environmental pollution and also the remedies for it. The prohibition and restrictions
possessed on the location of industries in different areas.

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THE COMPETITION ACT, 2002

Introduction:
Globalisation & Open economy, Replace MRTP, Amendment 2007.
Object:
To prevent adverse effect of competition.
To promote & sustain competition in market.
To protect interest of consumers.
To ensure freedom of trade.
Definition:
Cartel: It means association of producers, sellers, distributors, traders or service providers who
agreed themselves to control production, distribution, sale or trade of goods & services.
Trade: It means any business, industry, profession, occupation relating to production,
distribution, supply, shortage etc.
Relevant Market or Geographic Market or Product Market: Area or Market or Product
market is determined by Competition Commission.
Combination: Means any acquisition or merger.
Bid Rigging: Commercial contract through which competition for bid is reduced or eliminated
and one party is promised of contract by others and others appear for the sake.
Competition Commission of India
Head Office decided by Central Government
Composition: Chairperson & 2 – 6 members.
Chairperson: Office is 5 years term. Appointed by Central Government and Resignation
addressed to the same. To resign 3 months‟ notice or succession whichever is earlier.
Members must be member of ability, integrity and special knowledge. Minimum 15 years of
experience in international trade, economics, business, law, commerce, finance, accountancy,
management, industry, public affairs.
Disqualification: Insolvent, Convict, Acquired financial interest, abused his position against
public interest, physically or mentally incapable.
Duties, Powers & Functions
Duties:

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To prevent adverse effect of competition. To promote & sustain competition in market. To

protect interest of consumers. To ensure freedom of trade.
Powers & Functions:
Inquire into agreements, Inquire dominant position, Inquire into combination, Appearance before
commission, Regulate own procedure, Rectification of orders.
Penalties:
Fail to comply with orders – Rs. 1 lac per day up to Rs. 10 crore.
Fail to comply with directions – 3 years or 25 lacs or both
Fail to comply directions of General Directors – Rs. 1 lac per day
Fail to furnish information – 1% of turnover or Asset
False or omitted particulars – 50 lacs – Rs. 1 crore
Alter/destroy document – Maximum Rs. 1 crore.

DR K S USMAN MOHIDEEN, B.Com, M.B.A, M.H.R.M, M.Com, M.Sc (Psychology), M.A (Economics) Ph.D