1. LEGISLATION ON SAFETY & HEALTH
(101360305)
ENVIRONMENT (PROTECTION) ACT, 1986
ZEEL J. PATEL
21IH22
2. INTRODUCTION
• EPA 1986
• An Act to provide for the protection and improvement of environment and for
matters connected therewith.
3. CHAPTER 1: PRELIMINARY
• 1. Short Title, Extend and Commencement
• The Act may be called the Environment (Protection) Act, 1986
• Applicable to whole of India
• Shall come into force on the date as the Central Government may notify
4. 2. DEFINATION
• 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, micro-organisms and property.
• Environmental pollutant means any solid, liquid or gaseous substance present in
such concentration as may be, or tend to be, injurious to environment.
• Environmental pollution means the presence in the environment of any
environmental pollutant
5. CHAPTER II
GENERAL POWERS OF THE CENTRAL GOVERNMENT TO TAKE
MEASURES TO PROTECT AND IMPROVE ENVIRONMENT
• Powers to take all measures for 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 Govt., officers and other
authorities
• Planning and executing nation wide programme
• Laying down standards for the quality of environment
• Laying down standards for emission or discharge of pollutants
6. CONTD.
• Restriction of areas for industries, operations and processes
• Laying down procedures and safeguards for prevention of accidents and remedial
measures
• Laying down procedures and safeguards for handling of hazardous substances
• Examination of manufacturing processes, materials and substance likely to cause
environmental pollution
• Carrying out and sponsoring investigation and research
• Inspection of premises, processes
7. CONTD.
• Inspection of premises, processes
• Establishment or recognition of Environmental Laboratories
• Collection and dissipation of Information
• Preparation of manuals, codes and guides
• Such other measures deemed necessary by the Government
• Constitute authority or authorities for exercising and performing such of the powers and
functions
• Appointment of Officers and Their Powers and Functions
• Power to give directions
• The closure, prohibition or regulation of any industry, operation or process
• Stoppage or regulation of the supply of electricity or water or other services
8. CONTD.
• Rules to regulate Environmental Pollution
• Central government may make rules for environmental protection and may
notify by the gazette
• Such rules may be provided for
• The standards of quality
• Maximum allowable limits for pollutants
• Procedure and safeguards for handling hazardous material
• Prohibition and restriction on handling of hazardous waste
• Prohibition and restriction in the location of industries
• Procedures and safeguards for prevention of accidents and remedial measures
9. CHAPTER III
PREVENTION, CONTROL AND ABATEMENT OF ENVIRONMENTAL
POLLUTION
• Persons carrying on industry operations etc. No to allow emission or discharge of
environmental pollutants in excess of the standards
• Persons handling hazardous substance to comply with the procedural safeguards
• Furnishing of Information to Authorities
• Accidental/unintentional discharge or emission
• Intimate the fact of such occurrence
• Be bound to provide all assistance needed
10. CONTD.
• Cause remedial measures to be taken as necessary to prevent or mitigate the
environmental pollution
• The expenses incurred during the mitigation shall be recovered from the concerned person
(with reasonable rate of interest)
• Powers of entry and inspection
• Any person empowered by the Central Govt. Shall have right to enter at all reasonable
times any place
• For performing any functions of the Central Govt.
• For determining the compliance to the Govt. Norms and regulations
• For purpose of examining and testing any industrial equipment, process, record, register etc.
• Occupier bound to assist during such events
11. CONTD.
• Willfully delays or obstructions shall be considered as an offence
• May lead to search and seizure and if necessary warrant may be issued (section 94) under
corresponding provision of the Law.
• Powers to take samples and procedures to be followed
• Power to collect the samples from factory or any other area in prescribed manner
• The results of the samples shall not be admissible as evidence in legal proceeding unless
complied with (3) and (4)
• The person collecting the sample shall
• Serve a notice for the collection and anlysis
• Collection of sample in the presence of the occupier of his agent
• Mark and seal the sample in the container with signature of both persons
• Send to laboratory without delay
12. CONTD.
• When a sample is taken for analysis
• If the occupier or agent willfully absents himself then the person collecting the sample shall sign the sample
and place in the container
• If the occupier or agent present in the premises but refuses to sign, the sample shall be collected and shall
be sent to the laboratory without delay and the Govt. Analyst shall be informed in writing about (i or ii; as
the case may be)
• Environmental Laboratories
• The central Govt. may, by notification
• Establish one or more Environmental Laboratories
• Recognize one or more laboratories
• The Central Govt. May, by notification, make rules specifying
• The functions of Environmental Laboratories
• The procedure of Sample Submission to the Laboratories, the form of the laboratory report and the fees
payable for such reports
• Such other matters as may be necessary
13. CONTD.
• Government Analysts: Central Govt. may appoint or recognise such persons as it things fit and
having the prescribed qualifications.
• Reports of Government Analysts : The reports signed by the Govt. Analyst can be considered as
and evidence.
• Penalty
• Failure to comply with the provisions under this Act may be punishable with imprisonment which may extent
to five years or fine which may extent to 1 Lakh or both. In case the failure to compliance continues,
additional fine may be recovered.
• If the failure continues beyond one year after the date of conviction, the offender shall be punishable with
imprisonment extending upto 7 years.
• Offences by the Companies
• The person who, at the time of offence was committed, was directly in charge of the company shall be
deemed to be guilty and shall be liable to be proceeded against and punishable accordingly (provided the
person proves that the offence was created without his/her knowledge and he/she exercised all
diligence to prevent the event).
14. CONTD.
• When the offence is committed by a company with the consent of or is attributable to any
neglect on the part of any director, manager, secretary as the case may be shall also be deemed
to be guilty of that offence and shall be liable to be proceeded against and punished
accordingly
• Offences by Government Departments
• If the offence is committed any said department, the Head of the Department shall be deemed
to guilty (provided the person proves that the offence was created without his/her
knowledge and he/she exercised all diligence to prevent the event)
• When the offence is committed by a Government Department with the consent of or is
attributable to any neglect on the part of any officer, other than the Head of the Department
shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly.
15. CHAPTER IV :MISCELLANEOUS
• Protection of action taken in good faith : no suit, prosecution or 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.
• Cognizance of Offences: no Court shall take cognizance of any offence under this Act except on a
complaint made by
• The central Government or any authority or officer authorised in this behalf by the Government or
• Any person who has given notice of not less than sixty days in manner prescribed, of the alleged offences
• Information, Report and Returns: in relation to its function under this act, the Central Government may
require any person, officer etc. To furnish any reports, returns, statistics, accounts and other
information to the officer, authority as the case may be. All are bound to do so.
16. CONTD.
• Members, Officers and Employees of the Authority under Section 3 to be public servants.
• Bar of Jurisdiction: No civil court shall have jurisdiction to entertain any suit or
proceeding in respect of anything done, actions taken or order or direction issued as
functions under this Act.
• Powers to Delegate: Under the said act, the Central Government may if needed delegate
the powers to any officer, State Government or other authority subject to conditions and
limitations as may be specified in the notification.
• Effect of Other Laws
• The provision of this act and the rules or orders made therein shall have effect notwithstanding
anything inconsistent therewith contained in any enactment other than this Act.
• When an offence is punishable under any other Act too, the offender found guilty of such
offence shall be liable to be punished under the other Act.
17. CONTD.
• Powers to make Rules
• The central Government may, by Notification in the Official Gazette, make rules for
carrying out the purposes of this Act.
• The rules may provide for any or all of the following:
• Emission or Discharge Standards
• Procedure and Safeguards for Hazardous Substances
• Authorities to be intimated during any offence and to whom all assistance shall be bound to be
rendered
• The manners in which samples to be collected
• The form in which notice of intension to have a samples analysed shall be served
18. CONTD.
• The functions of the Environmental laboratory
• The Qualification of Government Analyst
• The manner in which notice of the offence and of the intention to make a complaint to the
Central Government. The authority of the officer to whom the information to be furnished.
• Any other matter is which is required to be modified.
• Rules made under this Act to be Laid Before Parliament
