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1. By : Charu Jaiswal
THE ENVIORNMENT PROTECTION
ACT ( 1986 )

2. ENVIORNMENT PROTECTION ACT
(passed in March 1986 and came into force on 19 Nov. 1986)
• The Constitution of India clearly states that it is the
duty of the state to ‘protect and improve the
environment and to safeguard the forests and wildlife
of the country’. The Department of Environment was
established in India in 1980.This later became the
Ministry of Environment and Forests in 1985
• The EPA (Environment Protection Act), 1986 came into
force soon after the Bhopal Gas Tragedy and is
considered an umbrella legislation as it fills many gaps
in the existing laws. Thereafter a large number of laws
came into existence as the problems began arising, or
example, Handling and Management of Hazardous
Waste Rules in 1989.

3. INTRODUCTION
• 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 world community’s resolve to protect and enhance the environment
quality found expression in the decisions taken at the United Nations
Conference on the Human Environment held in Stockholm June, 1972. The
Government of India participated in the conference and strongly voiced the
environmental concerns. While several measures had been taken for
environmental protection, both before and after the conference, the need for
general legislation further to implement the decision of the Conference had
become increasingly evident. Therefore the Environment (Protection) Act, 1986
was passed.

4. OBJECTIVES
• 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

5. SCHEME OF THE ACT
• The Environment (Protection) Act, 1986 has
26 Sections and it has been divided into four
chapters relating to
• i) Preliminary,
• ii) General Powers of the Central
Government,
• iii) Prevention, Control, and Abatement of
Environmental Pollution,
• iv) Miscellaneous.

6. PRELIMINARY
1.SHORT TITLE, EXTEND AND COMMENCEMENT
2.DEFINITIONS

7. Short title, Extent and Commencement
• The Environment Protection Act (1986) Enacted under
article 253 of the Indian constitution. To protect and
improve environmental quality, control and reduce
pollution from all sources.
• (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 the Central
Government may, by notification in the Official Gazette,
appoint and different dates may be appointed for
different provisions of this Act and for different areas.

8. IMPORTANT DEFINITIONS
• 1. Environment [Section 2(a)]:
• Environment includes water, air and land and the inter relationship which exists among and
between water, air and land and human beings, other living creatures, plants,
microorganisms and property.
• 2. Environmental Pollutant [Section 2(b)]:
• Environmental Pollutant means any solid, liquid or gaseous substance present in such
concentration as may be, or tend to be, injurious to environment.
• 3. Environmental Pollution [Section 2(c)]:
• Environmental pollution means the presence in the environment of any environmental
pollutant.
• 4. Handling [Section 2(d)]:
• Handling, in relation to any substance, means the manufacture, process, treatment,
destruction, conversion, offering for sale, transfer, or the like of such substance.
• 5. Hazardous Substance [Section 2(e)]:
• Hazardous substance means any substance or preparation which, by reason of its chemical
or physicochemical properties or handling, is likely to cause harm to human beings, other
living creatures, plants, microorganisms, property, or the environment.
• 6. Occupier [Section 2(f)]:
• Occupier in relation to any factory or premises means a person who has control over the
affairs of the factory or premises and includes, in relation to any substance, the person in
possession of the substance.

9. General Powers of the Central
Government
• To make rules to regulate environmental pollution; To notify standards and
maximum limits of pollutants of air, water, and soil for various areas and
purposes; Prohibition and restriction on the handling of hazardous
substances, and location of industries (Sections 3-6).
• Under Sec (3): may constitute authority or authorities for the purpose of
exercising of performing such of the powers and functions;
• Under Sec (4): may appoint a person for inspection;
• Under Sec (5): may issue directions in writing to any officers or any
authority to comply;
• Under Sec (6): it empower the government to make rules to achieve the
object of the Act.
• Under Sec (7): persons carrying on industry, operation etc. not to allow
emission or discharge of environmental pollutants in excess of the
standards;
• Under Sec (8): persons handling hazardous substances must comply with
procedural safeguards.

10. Prevention, Control, and Abatement of Environmental
Pollution
• 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.
• · Carrying out and sponsoring investigations and research relating to problems of
environmental pollution.
• · Establishment and recognition of environmental laboratories.
• · Such other matters as the Central Government may deem necessary of the purposes of
securing effective implementation of this Act.
• Under section 3(3), the Central Government may constitute an “authority” or “authorities”
to exercise powers and perform functions as mentioned above.

11. OFFENCES AND
PENALTIES
Penalty for contravention of the provisions of the Act,
Rules, Orders and Directions
Offences by Companies and Government Departments

12. PENALTIES
• One of the objectives of EPA is to provide for deterrent punishment
to those who endanger human environment, safety and health.
• Sec 15 of the EPA provides that any person who fails to comply or
contravenes any of the provisions of the Act, or the rules made or
orders or directions issued under the act or rules, then for such
failure or contravention, he shall be punishable:-
• a) With imprisonment for a term which may extend to 5 years,
• b) With fine which may extend to one lakh rupees,
• c) With both.
• In case the failure or contravention continues after the conviction for
first failure or contravention, an additional fine which may extend to
five thousand for every day can be imposed for a period during which
failure or contravention continues.
• If the failure or contravention continues beyond a period of one year
after conviction, the offender shall be punishable with imprisonment
for a term which may extend to seven years.

13. OFFENCES
• Sec 16 of EPA incorporates the principle of “vicarious liability” of the person
incharge , Director, Manager, Secretary or other officer, for the offence if
committed by the company.
• When any offence is committed by the company then the company as well
as the person directly incharge of and responsible for the conduct of the
business of the company shall be deemed to be liable to punishment.
• However, the person incharge of responsible for the conduct of business of
the company is no held liable if he proves:
• a) That the offence was committed without his knowledge,
• b) That he exercised all due diligence/ care to prevent the commission of
such offence.
• In Suo Motu v. Vatva Industries Asson,it was held that the pollution control
board and its officers are free and competent to take action against any
person on violating any provisions of the environmental laws. They need
not wait for any direction of the court for taking action under the law.

14. Who can make the Complaint?
• A complaint under this act can be made by:
• a) The central govt. or any other authority by that
govt. or,
• b) Any person who has given notice of not less than
60 days of the alleged offence and of his intention
to make complaint to the Central Govt. or the
authorized officer.

15. CONCLUSION
• In conclusion, environment pollution are affecting not only individual but also entire
countries all over the world. The awareness towards improving the quality of environment
has increased substantially and all efforts are being made at different levels to minimize
environmental pollution and thus help in improving the quality of life.
• Management of environment means the proper utilization, conservation preservation,
control and recycling of the resources for maintaining a balanced ecosystems. The main
focus of environment management is, thus, to avoid the over-use, misuse and abuse of the
natural resources.
• The effective environmental management is the optimum allocation of finite resources
among the various possible uses and it has to be based on scientific and technological
approach which takes full note of socioeconomic parameters and compulsions.
• Environmental management is an interdisciplinary approach to resource conservation and it
acts as a regulatory force on human wantonness in resource wasting.
• In India the Twelfth Five Year Plan has emphasized the need for sound environmental
management which includes environmental planning, protection, monitoring, assessment,
research, education, and conservation as major guiding factors for national development.
• Environmental pollution is a world-wide phenomenon; therefore, there is a need to have a
coordinated administrative structure from international level to national levels so that the
environmental problems may be tackled in a coordinated and co-operative way.
• India is a “soft State” . It has excellent environmental laws, but politics and/or corruption
prevent their effective implementation. The result has been disastrous for our environment
and hence for the economy too, as we are now seeing

16. THANK YOU !!!