EPA 1986, Offences & Penalties

Offences & PenaltiesUnder

EPA 1986, India.PREPARED BYTASMEER UN [email protected]

EPA 1986 (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, micro-organism and property;

(b) "environmental pollutant" means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment;

(c) "environmental pollution" means the presence in the environment of any environmental pollutant;

(d) "handling", in relation to any substance, means the manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of such substance;

(e) "hazardous substance" means any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plant, micro-organism, property or the environment;

(f) "occupier", in relation to any factory or premises, means a person who has, control over the affairs of the factory or the premises and includes in relation to any substance, the person in possession of the substance;

(g) "prescribed" means prescribed by rules made under this Act.

OFFENCES AND PENALTIESPENALTY FOR CONTRAVENTION OF THE PROVISIONS OF THE ACT, RULES, ORDERS AND DIRECTIONS: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.

OFFENCES AND PENALTIESOFFENCES BY COMPANIES AND GOVERNMENT DEPARTMENTS:Sec 16 of EPA incorporates the principle of “vicarious liability” of the person in charge, 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 in charge of and responsible for the conduct of the business of the company shall be deemed to be liable to punishment.

However, the person in charge 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.

OFFENCES AND PENALTIES

WHO CAN MAKE THE COMPLAINT?

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.

THANK YOU ALL