The environment protection act,1986 - Unitedworld School of Business
THE ENVIRONMENT PROTECTIONACT,1986
An Act to provide for the protection andimprovement of environment and for mattersconnected there with:• Act to provide for the protection and improvement ofenvironment and for matters connected there with:• WHEREAS the decisions were taken at the United NationsConference on the Human Environment held at Stockholm inJune, 1972, in which India participated, to take appropriate stepsfor the protection and improvement of human environment;• AND WHEREAS it is considered necessary further to implementthe decisions aforesaid in so far as they relate to the protectionand improvement of environment and the prevention of hazardsto human beings, other living creatures, plants and property;
1.SHORT TITLE, EXTEND ANDCOMMENCEMENT• (1) This Act may be called the Environment(Protection) Act, 1986.• (2) It extends to the whole of India.• (3) It shall come into force on such date as theCentral Government may, by notification inthe Official Gazette, appoint and differentdates may be appointed for differentprovisions of this Act and for different areas
2.DEFINITIONS• a) "environment" includes water, air and land and theinter- relationship which exists among and betweenwater, air and land, and human beings, other livingcreatures, plants, micro-organism and property;• (b) "environmental pollutant" means any solid, liquidor gaseous substance present in such concentration asmay be, or tend to be, injurious to environment;• (c) "environmental pollution" means the presence inthe environment of any environmental pollutant;
POWER OF CENTRAL GOVERNMENT TO TAKEMEASURES TO PROTECT AND IMPROVEENVIRONMENT• (1) Subject to the provisions of this Act, the CentralGovernment, shall have the power to take all suchmeasures as it deems necessary or expedient for thepurpose of protecting and improving the quality of theenvironment and preventing controlling and abatingenvironmental pollution.• (2) In particular, and without prejudice to thegenerality of the provisions of sub-section (1), suchmeasures may include measures with respect to all orany of the following matters, namely:--
• (i) co-ordination of actions by the StateGovernments, officers and other authorities--• (a) under this Act, or the rules made there under,or• (b) under any other law for the time being inforce which is relatable to the objects of this Act;• (ii) planning and execution of a nation-wideprogramme for the prevention, control andabatement of environmental pollution;• (iii) laying down standards for the quality ofenvironment in its various aspects;
• iv) laying down standards for emission or discharge ofenvironmental pollutants from various sourceswhatsoever:• Provided that different standards for emission ordischarge may be laid down under this clause fromdifferent sources having regard to the quality orcomposition of the emission or discharge ofenvironmental pollutants from such sources;• (v) restriction of areas in which any industries,operations or processes or class of industries,operations or processes shall not be carried out or shallbe carried out subject to certain safeguards;
• (vi) laying down procedures and safeguardsfor the prevention of accidents which maycause environmental pollution and remedialmeasures for such accidents;• (vii) laying down procedures and safeguardsfor the handling of hazardous substances;• (viii) examination of such manufacturingprocesses, materials and substances as arelikely to cause environmental pollution;
APPOINTMENT OF OFFICERS ANDTHEIR POWERS AND FUNCTIONS• 1) Without prejudice to the provisions of sub-section (3)of section 3, the Central Government may appointofficers with such designation as it thinks fit for thepurposes of this Act and may entrust to them such of thepowers and functions under this Act as it may deem fit.• (2) The officers appointed under sub-section (1)shall be subject to the general control and directionof the Central Government or, if so directed by thatGovernment, also of the authority or authorities, ifany, constituted under sub- section (3) of section 3or of any other authority or officer.
RULES TO REGULATEENVIRONMENTAL POLLUTION• (1) The Central Government may, by notification in theOfficial Gazette, make rules in respect of all or any of thematters referred to in section 3.• (2) In particular, and without prejudice to the generality ofthe foregoing power, such rules may provide for all or anyof the following matters, namely:--• (a) the standards of quality of air, water or soil for variousareas and purposes;4• (b) the maximum allowable limits of concentration ofvarious environmental pollutants (including noise) fordifferent areas;• (c) the procedures and safeguards for the handling ofhazardous substances
• d) the prohibition and restrictions on thehandling of hazardous substances in differentareas;6• (e) the prohibition and restriction on the locationof industries and the carrying on process andoperations in different areas;7• (f) the procedures and safeguards for theprevention of accidents which may causeenvironmental pollution and for providing forremedial measures for such accidents.
.ENVIRONMENTAL LABORATORIES• 1) The Central Government15 may, by notification in the OfficialGazette,--• (a) establish one or more environmental laboratories;• (b) recognise one or more laboratories or institutes asenvironmental laboratories to carry out the functions entrustedto an environmental laboratory under this Act.16• (2) The Central Government may, by notification in the OfficialGazette, make rules specifying--• (a) the functions of the environmental laboratory;17• (b) the procedure for the submission to the said laboratory ofsamples of air, water, soil or other substance for analysis or tests,the form of the laboratory report thereon and the fees payablefor such report;18• (c) such other matters as may be necessary or expedient toenable that laboratory to carry out its functions.
GOVERNMENT ANALYSTS• The Central Government may by notificationin the Official Gazette, appoint or recognisesuch persons as it thinks fit and having theprescribed qualifications19 to be GovernmentAnalysts for the purpose of analysis ofsamples of air, water, soil or other substancesent for analysis to any environmentallaboratory established or recognised undersub-section (1) of section 12.
REPORTS OF GOVERNMENT ANALYSTS• Any document purporting to be a reportsigned by a Government analyst may be usedas evidence of the facts stated therein in anyproceeding under this Act.
PENALTY FOR CONTRAVENTION OF THEPROVISIONS OF THE ACT AND THE RULES,ORDERS AND DIRECTIONS• 1) Whoever fails to comply with or contravenes any of theprovisions of this Act, or the rules made or orders or directionsissued there under, shall, in respect of each such failure orcontravention, be punishable with imprisonment for a term whichmay extend to five years with fine which may extend to one lakhrupees, or with both, and in case the failure or contraventioncontinues, with additional fine which may extend to five thousandrupees for every day during which such failure or contraventioncontinues after the conviction for the first such failure orcontravention.• (2) If the failure or contravention referred to in sub-section (1)continues beyond a period of one year after the date ofconviction, the offender shall be punishable with imprisonment fora term which may extend to seven years.
OFFENCES BY COMPANIES• (1) Where any offence under this Act has been committed by a company, every personwho, at the time the offence was committed, was directly in charge of, and wasresponsible to, the company for the conduct of the business of the company, as well asthe company, shall be deemed to be guilty of the offence and shall be liable to beproceeded against and punished accordingly:• Provided that nothing contained in this sub-section shall render any such person liableto any punishment provided in this Act, if he proves that the offence was committedwithout his knowledge or that he exercised all due diligence to prevent the commissionof such offence.• (2) Notwithstanding anything contained in sub-section (1), where an offence under thisAct has been committed by a company and it is proved that the offence has beencommitted with the consent or connivance of, or is attributable to any neglect on thepart of, any director, manager, secretary or other officer of the company, such director,manager, secretary or other officer shall also deemed to be guilty of that offence andshall be liable to be proceeded against and punished accordingly.• Explanation--For the purpose of this section,--• (a) "company" means any body corporate and includes a firm or other association ofindividuals;• (b) "director", in relation to a firm, means a partner in the firm.
OFFENCES BY GOVERNMENT DEPARTMENTS• (1) Where an offence under this Act has been committed by anyDepartment of Government, the Head of the Department shall bedeemed to be guilty of the offence and shall be liable to beproceeded against and punished accordingly.• Provided that nothing contained in this section shall render suchHead of the Department liable to any punishment if he proves thatthe offence was committed without his knowledge or that heexercise all due diligence to prevent the commission of suchoffence.• (2) Notwithstanding anything contained in sub-section (1), wherean offence under this Act has been committed by a Department ofGovernment and it is proved that the offence has been committedwith the consent or connivance of, or is attributable to any neglecton the part of, any officer, other than the Head of the Department,such officer shall also be deemed to be guilty of that offence andshall be liable to be proceeded against and punished accordingly.
PROTECTION OF ACTION TAKEN INGOOD FAITH• No suit, prosecution or other legal proceedingshall lie against the Government or any officeror other employee of the Government or anyauthority constituted under this Act or anymember, officer or other employee of suchauthority in respect of anything which is doneor intended to be done in good faith inpursuance of this Act or the rules made ororders or directions issued thereunder.
COGNIZANCE OF OFFENCES• No court shall take cognizance of any offenceunder this Act except on a complaint made by--• (a) the Central Government or any authority orofficer authorised in this behalf by thatGovernment,20 or• (b) any person who has given notice of not lessthan sixty days, in the manner prescribed, of thealleged offence and of his intention to make acomplaint, to the Central Government or theauthority or officer authorised as aforesaid.