Environment Protection Act 1986 is an act made to protect our environment from all types of pollution and dangerous hazards by making rules and enacting them accordingly.
2. 11. PENALTIES
12. Air Pollution (The Air (Prevention and Control
of Pollution) Act- 1981
13. Hazardous Waste (The Hazardous Waste Management
Regulations)
14. Water pollution (The Water (Prevention and
Control of Pollution) Act, 1974)
15. ENVIRONMENTAL PRINIPLES
16. SIMPLE HABITS TO HELP OUR ENVIRONMENT
17. .CONCLUSION
Content
1. INTODUCTION
2. OBJECTIVES
3. SCHEME OF THE ACT
3. DEFINATIONS
4. STATE BOARD
5. THE STATE BOARD
6. THE CENTRAL BOARD
7. POWERS OF THE CENTRAL GOVERNMENT
8. RULES MADE BY CENTRAL GOVERNMENT TO
REGULATE ENVIRONMENT POLLUTION
9. PREVENTION, CONTROL, AND
ABATEMENT OF ENVIRONMENTAL POLLUTION
10. ENVIRONMENTAL LABORATORIES
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3. Introduction
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• India has world's largest democracy with population of 1.38 billion. It is diverse country
with number of languages, religions, cultures etc. During the past decades also the economic
and industrial growth of the country has been extremely fast.
• Increasingly serious environmental degradation events during the last century have given a
strong impetus to the need for taking effective steps of environmental protection.
• An Act to provide for the protection and improvement of environment and formatters
connected therewith.
• Whereas the decisions were taken at the United Nations Conference on the Human
Environment held at Stockholm in June, 1972, in which India participated, to take
appropriate steps for the protection and improvement of human environment.
• The Environment (Protection) Act 1986 was introduced after the Bhopal gas tragedy during
Rajiv Gandhi was the Prime Minister of our country.
4. Objectives
Implement the
decisions
Made at the United
Nation Conference on the
Human Environment held
at Stockholm in June
1972.
Creation of
Authority
For protection of
environment and
to Coordinating the
activities done under this
existing Act.
Enacting general
laws
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.
Step
towards sustainable
development
Sustainability is the main
aim and objective of the
Act, under Art 21
of Indian Constitution.
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5. Scheme of the Act
The Act consists of –
(a) 26 Sections divided into four chapters.
Chapter I – Secs. 1 and 2 (PRELIMINARY)
Chapter II – Secs. 3 to 6 (GENERAL POWERS OF THE
CENTRAL GOVERNMENT)
Chapter III – Secs. 7 to 17 (PREVENTION, CONTROL, AND
ABATEMENT OF ENVIRONMENTAL POLLUTION)
Chapter IV – Secs. 18 to 26 (MISCELLANEOUS)
(b) Seven Schedules dealing with emission standards of air, noise,
effluents etc. have been appended to the Act.
(c) Various Rules Including Environment (Protection) Rules have
been framed under the Act
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6. Definitions
Environment-
Environment it includes water, air and land and the inter relationship which
exists between water, air and land and human being, other living creatures,
plants, microorganisms and property.
Environment pollutant-
It means any solid, liquid or gaseous substance present in such concentration
as may be injurious to environment pollutant.
Hazardous substance -
It means any substance or preparation which, by reason of its chemical or phyco-
chemical properties or handling, is liable to cause harm to human beings, other living creatures, plant,
micro-organism, property or the environment.
Environment pollution -
It means the presence of any environmental pollutant in the environment. It
includes all extraneous materials that are harmful to human being ,animals and plants life.
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7. The State Board consist of:
• A Chairman
• Representative of the State Govt. (not exceeding five)
• Representative of local bodies (not exceeding five)
• Representative of companies or corporations owned, controlled or managed by the State Govt. (two)
• Representative have interests of agriculture, fishery or industry or trade etc. (not exceeding three)
• Member Secretary:
• (Full time possessing qualifications, knowledge and experience of scientific, engineering or management aspects
of pollution control.)
• The current acting chairman is Dr. Kalyan Rudra and the Member Secretary is Smt. Roshini Sen, IAS.
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The Central and State Board
8. The Central Board consist of:
• A Chairman
• Representative of the Central Govt. (not exceeding five)
• Representative of State Govt. (not exceeding five)
• Representative of companies or corporations owned, controlled or managed by the Central Govt. (two)
• Representative have interests of agriculture, fishery or industry or trade etc. (not exceeding three)
• Member Secretary
• (Full time possessing qualifications, knowledge and experience of scientific, engineering or management aspects
of pollution
• The current acting chairman is Shri Shiv Das Meena and the Member Secretary is Dr. Prashant Gargava.
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The Central and State Board
9. Powers of Central Government
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1. Laying down standards for the quality of environment in its various aspects.
2. Planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution.
3. Laying down standards for emission or discharge of environmental pollutants from various sources.
4. Restriction of areas.
5. Laying down procedures and safeguards for the handling of hazardous substances.
7. Examination of such manufacturing processes, materials and substances which are likely to cause environmental pollution.
8. Inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances.
9. Establishment or recognition of environmental laboratories and institutes.
10. Collection and dissemination of information in respect of matters relating to environmental pollution.
11. Preparation of manuals or guides relating to the prevention, control and abatement of environmental pollution.
10. The Central Government may, by notification in the Official Gazette, make rules in respect of all or any of the
matters referred to in section 3.
a) The standards of quality of air, water or soil for various areas and purposes.
b) The maximum allowable limits of concentration of various environmental pollutants (including noise) for
different areas.
c) The procedures and safeguards for the handling of hazardous substances.
d) The prohibition and restrictions on the handling of hazardous substances in different areas.
e) The prohibition and restriction on the location of industries and the carrying on process and operations in
different areas.
f) The procedures and safeguards for the prevention of accidents which may cause environmental pollution and
for providing for remedial measures for such accidents
Rules made by Central Government to regulate Environment Pollution
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11. Prevention, Control, and Abatement of Environment Pollution
• Persons carrying on industry
operation, etc., not to allow emission
or discharge of environmental
pollutants in excess of the standards.
• Persons handling hazardous
substances to comply with procedural
safeguards
• Furnishing of
information to authorities and
agencies in certain cases
• Powers of entry and inspection
• Power to take sample
and procedure to be followed in
connection therewith
• Environmental laboratories
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12. ENVIRONMENTAL LABORATORIES
Central Government may:
• established one or more than one
E.L.
• recognize one or more laboratories
or institutes as environmental
laboratories
Central Government may make rules
specifying:
• the functions of the environmental
laboratory
• the procedure for the submission to
the said laboratory of samples of
air, water, soil or other substance for
analysis or tests
• Or other matters which are
necessary for laboratories to
function properly.
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Qualification of Government Analyst
• The government analysist are
appointed to check the quality
sample to soil, air, water and other
substance sent to Environmental
Laboratories.
• The government analysist should
be graduate in Science w/e of 5yrs.
Or Post-graduate in Science w/e of 2yrs.
Or Post-graduate in environmental
science w/e of 2yrs
• All being from recognized
University engaged in environmental
investigations, testing or analysis.
REPORTS OF GOVERNMENT ANALYSTS
• report signed by a Government
analyst
• may be used as evidence of the
• facts in any proceeding under this
Act
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13. Penalties
Offences by general
• Whoever fails to
comply with or
contravenes with the
Act:
• Shall be punished
with imprisonment for
a term which may
extend to five years
with fine which may
extend to one lakh
rupees, or with both
• Continue offender shall
be added with 5
thousand fine and 7yrs
imprisonment.
Offences by companies
• every person who, at
the time the offence
was committed, was
directly in charge of
responsible to the
company business.
• As well as company
shall be liable for the
offence done.
• If offence proved to be
done by director,
manager, secretary or
other officer of the
company than they
shall be held liable.
Offences by Government
Departments
• If the offence has been
committed by any Department of
Government, the Head of the
Department shall be deemed to
be guilty and punish accordingly.
• If it is proved that the offence has
been committed with consent
and due negligent on part of any
officer other than the Head of
the Department shall be
deemed guilty and be punished
accordingly.
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14. Now let us look into the India's greatest pollution menace:
1. Air Pollution (The Air (Prevention and Control of Pollution) Act- 1981)
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15. 15
2. Hazardous Waste (The Hazardous
Waste Management Regulations)
* any waste of any of its physical, chemical,
reactive, toxic, flammable, explosive or
corrosive characteristics
*causes danger or is likely to cause danger
to health or environment, whether alone or
when in contact with other wastes or
substances
17. 3. Water pollution (The Water (Prevention and Control of
Pollution) Act, 1974)
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Causes:
• Organic pollution due to microorganisms - bacteria
and viruses - present in the water, generated by
excrement, animal and vegetable waste
• Chemical pollution generated by the nitrates and
phosphates of pesticides, human and animal drugs,
household products, heavy metals, acids and
hydrocarbons used in industries
18. Environmental principles
• If there is uncertainty
about the risk of
environmental harm
• the precautionary
principle allows
protective measures to
be taken without having
to wait until the harm
materializes.
• valuable in managing risk
where there is
uncertainty
• Relating to the
environmental impact of
an issue
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• The
preventive principle
requires preventive
measures be taken
to anticipate or
• avoid
environmental
damage before it
happens
• This principle holds that the
person who causes pollution
should bear the costs
• of the damage caused and
any remedy required
• It plays a significant role in
environmental management
• As it acts in deterrent way
and directing accountability
for harm.
The Environmental principles act as guidelines to law makers, judges to shape the law to protect the environment
The precautionary
principle:
The prevention principle: The polluter pays
principle:
19. • This principle requires
that environmental
protection is integrated
into all other policy areas
• It
also promotes sustainabl
e development
• That is to say all
government departments
have responsibilities to
protect our environment.
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The integration principle: Procedure to be followed under the Act for legal proceeding:
• Notice must be delivered to occupier or his agent --- Must indicate the
intention and issue of the case.
• Sample as the matter of evidence is very important, which needs to be
collected in the taken in the presence of the occupier or the agent.
• sample should be sent directly to the laboratory without any delay.
• sample should be kept in a container with a label on it, with the signature
of both occupier party and the person taking the sample.
Who can make a complaint?
The central government or any authority associated with the government.
Any person (60days)
The Civil Court is bar to entertain such cases unless done via. Public Interest
Litigation (PIL), can be filed in both High Court and Supreme Court
20. Simple habits to help our Environment:
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Recycle
whatever you
can
Save Energy
Save natural
resources
Donate Eat healthier
Find
alternative to
PLASTIC
Plant more
tree
21. Conclusion
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If we think right now we can minimize the
pollution….
While you are thinking about yourself, Think
about our environment
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