Environment Protection Act 1986 India Notes

1. THE ENVIRONMENT
(PROTECTION) ACT, 1986
Dr. Anugrah Tripathi

2. An act to provide for the protection and
improvement of Environment and for
matters connected therewith
THE ENVIRONMENT
(PROTECTION) ACT, 1986

3. The genesis of the
Environmental
(Protection) Act, 1986
is in Article 48A
(Directive Principles
of State Policy) and
Article 51A (g)
(Fundamental Duties)
of the Indian
Constitution.

4.  In the wake of the Bhopal Tragedy, the Government of India
enacted the Environment Protection Act of 1986 under
Article 253 of the Constitution.
(Article 253 in The Constitution Of India 1949)
253- Legislation for giving effect to international agreements. Parliament has power to
make any law for the whole or any part of the territory of India for implementing any
treaty, agreement or convention with any other country or countries or any decision
made at any international conference, association or other body.
 According to the EPA-1986,environment means water, air,
land and the interrelationship which exist among them, other
living creatures, micro-organism, plant and property.

5.  This Act is the first comprehensive legislation enacted which strives to protect and
improve the environment.
 The main purpose of this Act is to implement the decisions of the UN Conference on
Human Environment held at Stockholm in 1972, i.e. to protect and improve the human
environment and prevent hazards to human beings, other living creatures, plants and
property.
 The potential scope of this act is broad with environment defined to include water,
air, land and their inter-relationship which exists among water, air and land and human
beings and other living creatures, plants, micro-organisms and property.
 The Act empowers the Central Government to take all such measures for the
purpose of protecting and improving the quality of the environment and preventing,
controlling and abating environmental pollution.
 Specifically the central government is authorized to set new standards for the
quality of the environment as well as standards for controlling emissions and effluent
discharges.
 A number of rules have been enacted by the Central Government under the Act
covering many aspects of environmental protection.
Overview

6. Salient features
 As compared to all other previous laws on environment
protection, the Environment (Protection) Act, 1986 is a
more effective and bold measure to fight the problem of
pollution.
 The genesis of the Environmental (Protection) Act, 1986,
thus, is in Article 48A (Directive Principles of State Policy)
and Article 51A (g) (Fundamental Duties) of the Indian
Constitution.
 The central government shall have the power to take all
measure for the-
I. Purpose of protecting environment
II. Improving the environmental quality
III. Preventing, controlling and decreasing environmental
pollution.

7.  No person carrying on any industry, operation or processes
shall discharge or emit any environmental pollutants or
permit to do so in excess of such standards as may be
prescribed.
 No person shall handle any hazardous substances except in
accordance with such procedure and after complying with
prescribed safeguards.
 The central government or any officer empowered by it,
shall have power to take, for the purpose of analysis, sample
of air, water, soil or other substances from any premises,
factory etc.
 Whoever violates or abets the violation of any of the
provisions of this Act will be punishable with imprisonment
or with fine or with both.

8.  The Environment (Protection) Act, 1986
 26 Sections and it has been divided into four chapters.
 The Act debars Courts from having any jurisdiction to
entertain any suit or proceeding in respect of an action,
direction, order issued by Central Government or other
statutory authority under this Act (Bar of Jurisdiction)
 Under the Act, there will be supremacy of provision. In other
words, the provisions of this Act and the rules or orders made
under this Act shall have effect and supremacy over anything
inconsistent contained in any enactment other than this Act.

9. The Act consists of and deals with
more stringent penal provisions.
The minimum penalty for
contravention or violation of any
provision of the law is an
imprisonment for a term which may
extend to five years or fine up to one
lakh rupees, or both. The Act also
provides for the further penalty if
the failure or contravention
continues after the date of
conviction. It is Rs. 5000/- per day. If
the failure of contravention
continues beyond the period of one
year, then the offender is punished
with imprisonment for a term which
may extend to seven years.
Punishm
ents and
penalties

10. Chapter I
1. Title
2. definition
Chapter II General powers of the central
government
3. Power of central government to take measures to protect
and improve environment
(i) To protect and improve the quality of environment and to control and
prevent the pollution
(ii)Function of central govt.
 co-ordination of actions by the State Government, officer and other
authorities.
 Planning and extension of nation-wide programme for pollution
 Laying down quality standards

11.  Laying down standards for emission or discharge of environmental
pollutants
 To prevent environmental accidents
 Procedure to handle hazardous substances
 examination of manufacturing processes.
 Research against environmental pollution
 preparation of manual, codes or guide relating to the prevention
control and abatement of environmental pollution.
 Establishment or recognition of environmental laboratories and
institutes to carry out the functions entrusted to such
environmental laboratories and institutes under this Act.
(III) Central govt. may constitute authority for the purpose of
exercising and performing such of the powers and functions

12. (4) Appointment of officer and his powers and functions
(5) Power to give directions-
Notwithstanding anything contained in any other law but subject to the
provisions of this Act, the Central Government may, issue directions in
writing to any person, officer or any authority to
(a) The closure, prohibition or regulation of any industry, operation or
process; or
(b) Stoppage or regulation of the supply of electricity or water or any other
service.
(6) Rules to regulate environmental pollution
i. The standards of quality of air, water or soil.
ii. The maximum allowable limits of concentration of various
environmental pollutants (including noise) for different areas;
iii. Safeguards environmental pollutants and for the handling of hazardous
substances.
iv. prohibition and restrictions on the location of industries.
v. prevention of accidents which may cause environmental pollution and
for providing for re-medical measures for such accidents

13. (7) No person carrying on any industry operation or process shall
discharge or emit or permit to be discharged or emitted any
environmental pollutant in excess of such standards as may be
prescribed.
(8) No person shall handle any hazardous substance without
expertise, proper procedure and safeguards.
(9) Furnishing the information to authorities and agencies in
certain cases
(I) Where the discharge of any environmental pollutant is excess
of the prescribed standards occurs or occur due to any accident
or other unforeseen act or event
the person responsible for such discharge and person in the
charge of the place shall be bound to prevent or mitigate the
environmental pollution caused as a result of such discharge and
shall also be bound:
CHAPTER III
Prevention, Control, And Abatement Of Environmental Pollution

14. (a) Intimate the fact of such occurrence or apprehension of such occurrence;
and
(b) Be bound, if call upon, to render all assistance, to such authorities or
agencies as may be prescribed.
(II) To prevent or mitigate the environmental pollution.
(III) Expenses may be recovered by authority or agency from
the person concerned.
(10) Powers of entry and inspection
(i)Any person empowered by the Central Government in this behalf
shall have a right to enter, at all reasonable times with such
assistance as he considers necessary, any place.
(a) for the purpose of performing any of the functions of the Central
Government entrusted to him
(b) For inspection about any notice or order.
(c) Examining and testing any equipment, industrial plan, record, register,
document.

15.  (ii)the person who is found guilty shall be bound to render all assistance
to the person empowered by the Central Government without any
reasonable cause or excuse.
 (iii) If any person willfully delays or obstructs, he shall be guilty of an
offence under this Act.
(11) Power to take sample and procedure to be followed in
connection therewith
 (1) The Central Government or any officer shall have power to take,
for the purpose of analysis samples of air water, soil or other
substance from any factory, premises or other place.
 (2) The result of any analysis of sample taken shall be admissible in
evidence in any legal proceeding when some proper process is
followed viz. sampling process and its transparency and other
procedures.

16. (12) Environmental laboratories:
(1) The Central Government may be notification in the Official Gazette--
(a) Establish one or more environmental laboratories;
(b) Recognize one or more laboratories or institutes as environmental
laboratory under this Act.
(2) The Central Government may by notification in the Official Gazette, make
rule specifying
(a) The function of the environmental laboratory;
(b) The procedure for the submission to the said laboratory of samples of air,
water, soil or other substance for analysis or tests, the form of the laboratory
report thereon and fees payable for such report.
(c) Such other matters as may be, necessary or expedient to enable that
laboratory to carry out its functions.

17. (13) Government analysis
The Central Government may appoint or recognize, such persons as it
thinks fit and having pose of analysis of samples of air, water soil or other
substance sent for analysis to any environmental laboratory.
(14) Reports on Environmental analysis
Any document purporting a report signed by a Government analyst may
be used as a evidence of the facts stated therein any proceeding under
this Act.

18. (15)Penalty for the contraventions of the
provisions of the act, rules, orders and
directions
(1) For contravention or violation of any provision of the law is
an imprisonment for a term which may extend to five years
or fine up to one lakh rupees, or both. The Act also provides
for the further penalty if the failure or contravention
continues after the date of conviction. It is Rs. 5000/- per
day.
(2) If the failure of contravention continues beyond the period
of one year, then the offender is punished with
imprisonment for a term which may extend to seven years.

19. (16) Offences by companies
 (i)Under any offence, the company and incharge of company shall be
guilty of the offence and shall be liable to be proceeded against and
punish accordingly.
 (ii) where an offence under this Act has been committed by company,
such director, manager secretary or other officer of the company shall
also deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
(17) Offences by Government departments
(i) Where an offence under this Act has been committed by any Department
of Government the Head of the Department shall be deemed to be guilty
of the offence and shall be liable to be proceeded against and punished
accordingly:
 Provided that nothing contained in this section shall render such Head of
the Department liable to any punishment if he proves that the offence was
committed without his knowledge or that he exercise all due diligence to
prevent the commission of such offence.
(ii) If any officer other than HOD is responsible, He will be guilty same as
above

20. (18) Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Government or
any officer or other employee of the Government or any authority constituted
under this Act or any member, officer or other employee of such authority in
respect of anything which is done or intended to be done in good faith in
pursuance of this Act or the rules made or orders or directions issued thereunder.
(19) cognizance of offences
 No court shall take cognizance of any offence under this Act except on a
complaint made by--
 (a) the Central Government or any authority or officer authorized in this
behalf by that Government, or
 (b) any person who has given notice of not less than sixty days, in the
manner prescribed, of the alleged offence and of his intention to make a
complaint, to the Central Government or the authority or officer
authorized as aforesaid.
(20) Information, reports or returns
(21)Members , officers and employees of the authority constituted under sec.
3 be public servants

21. (22) Bar of jurisdiction
No civil court shall have jurisdiction to entertain any suit or
proceeding in respect of anything done, action taken or order or
direction issued by the Central Government or any other
authority or officer in pursuance of any power conferred by or in
relation to its or his functions under this Act.
(23) power to delegate
(24) effects of other laws
(25) Power to make rules
(26)rules made under this act to be laid before parliament.

22. Thanks