theenvironmentalprotectionact1986-131216000947-phpapp02

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The Environment

(Protection)Act, 1986

Presented by: Shalu

Sara !S



The Environment (Protection) Act, 1986

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bect * Sco+e

• An Act to +rovide or the +rotection andim+rovement o environment and or mattersconnected thereith:

-.E"EAS the decisions ere ta/en at the 0nited

&ations !onerence on the .uman Environment heldat Stoc/holm une, 1923, in hich $ndia +artici+ated,to ta/e a++ro+riate ste+s or the +rotection andim+rovement o human environment4

A&5 -.E"EAS it is considered necessary urther to

im+lement the decisions aoresaid in so ar as theyrelate to the +rotection and im+rovement oenvironment and the +revention o haards to humanbein7s, other livin7 creatures, +lants and +ro+erty

• $t etends to the hole o $ndia




5enition

• Sec 3(a) ;environment; includes ater, air and land and the inter<relationshi+ hich eists amon7 and beteen ater, air and land,and human bein7s, other livin7 creatures, +lants, micro<or7anismand +ro+erty4

• Sec 3(b) ;environmental +ollutant; means any solid, li=uid or

7aseous substance +resent in such concentration as may be, ortend to be, inurious to environment4

• Sec 3(c) ;environmental +ollution; means the +resence in theenvironment o any environmental +ollutant4

• Sec 3(d) ;handlin7;, in relation to any substance, means themanuacture, +rocessin7, treatment, +ac/a7e, stora7e,

trans+ortation, use, collection, destruction, conversion, o>erin7 orsale, transer or the li/e o such substance4

• Sec 3(e) ;haardous substance; means any substance or+re+aration hich, by reason o its chemical or +hysico<chemical+ro+erties or handlin7, is liable to cause harm to human bein7s,other livin7 creatures, +lant, micro<or7anism, +ro+erty or the

environment



The Environment (Protection) Act,1986

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The Environment (Protection) Act, 1986Poer o !entral ?overnment to ta/e measures to +rotect andim+rove environment (sec B)

• Subect to the +rovisions o this Act, the !entral?overnment, shall have the +oer to ta/e all such measuresas it deems necessary or e+edient or the +ur+ose o+rotectin7 and im+rovin7 the =uality o the environment and+reventin7 controllin7 and abatin7 environmental +ollution

• The !entral ?overnment may, i it considers it necessary ore+edient so to do or the +ur+ose o this Act, by order,+ublished in the Ccial ?aette, constitute an authority orauthorities by such name or names as may be s+ecied inthe order or the +ur+ose o eercisin7 and +erormin7 such

o the +oers and unctions, (includin7 the +oer to issuedirections under section D) o the !entral ?overnment underthis Act and or ta/in7 measures ith res+ect to such o thematters reerred to in sub<section (3) as may be mentionedin the order and subect to the su+ervision and control othe !entral ?overnment and the +rovisions o such order,such authority or authorities may eercise the +oers or



The Environment (Protection) Act, 1986Poer o !entral ?overnment to ta/e measuresto +rotect and im+rove environment (sec B)

• $n +articular, and ithout +reudice to the 7enerality o the +rovisionso sub<section (1), such measures may include measures ith res+ectto all or any o the olloin7 matters, namely :<

< co<ordination o actions by the State ?overnments, oCcers andother authorities4

- +lannin7 and eecution o a nation<ide +ro7ramme or the+revention, control and abatement o environmental +ollution4

- layin7 don standards or the =uality o environment in its variousas+ects4 restriction o areas in hich any industries, o+erations or+rocesses or class o industries, o+erations or +rocesses shall becarried out or shall not be carried out subect to certain sae7uards4

- eamination o such manuacturin7 +rocesses, materials andsubstances as are li/ely to cause environmental +ollution4

- carryin7 out and s+onsorin7 investi7ations and research relatin7 to+roblems o environmental +ollution4

- ins+ection o any +remises, +lant, e=ui+ment, machinery,manuacturin7 or other +rocesses, materials or substances and7ivin7, by order, o such directions to such authorities, oCcers or+ersons as it may consider necessary to ta/e ste+s or the +revention,

control and abatement o environmental +ollution4- collection and dissemination o inormation in res+ect o matters




A++ointment o Ccers and their +oers and unctions (sec)

• (1) -ithout +reudice to the +rovisions o sub<sections (B) o section B, the !entral?overnment may a++oint oCcers ith suchdesi7nation as it thin/s t or the +ur+oses o

this Act and may entrust to them such o the+oers and unctions under this Act as it maydeem t

• (3) The oCcers a++ointed under sub<section(1) shall be subect to the 7eneral control anddirection o the !entral ?overnment or, i sodirected by that ?overnment, also o the

authority or authorities, i any, constitutedunder sub<section B o section B or o an




Poer to 7ive directions (sec D)

• &otithstandin7 anythin7 contained inany other la but subect to the+rovisions o this Act, the !entral

?overnment may, in the eercise o its+oers and +erormance o its unctionsunder this Act, issue directions inritin7 to any +erson, oCcer or any

authority and such +erson, oCcer orauthority shall be bound to com+ly ithsuch directions




"ules to re7ulate environment +ollution (sec 6)

(1) The !entral ?overnment may, by notication in the Ccial?aette, ma/e rules in res+ect o all or any o the mattersreerred to in section B

(3) $n +articular, and ithout +reudice to the 7enerality o the

ore7oin7 +oer, such rules may +rovide or all or any o theolloin7 matters, namely:<

(•) the standards o =uality o air, ater or soil or various areasand +ur+oses4

(•) the maimum alloable limits o concentration o various

environmental +ollutants (includin7 noise) or di>erentareas4

(•) the +rocedures and sae7uards or the handlin7 ohaardous substances4

(•) the +rohibition and restrictions on the handlin7 o haardoussubstances in di>erent areas4

(•) the +rohibition and restriction on the location o industriesand the carr in on rocess and o erations in di>erent




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The Environment (Protection) Act,1986• Persons carryin7 on industry o+eration, etc, not to

allo emission or dischar7e o environmental+ollutants in ecess o the standards (sec 2) < &o+erson carryin7 on any industry, o+eration or+rocess shall dischar7e or emit or +ermit to bedischar7ed or emitted any environmental +ollutants

in ecess o such standards as may be +rescribed

• Persons handlin7 haardous substances to com+lyith +rocedural sae7uards (sec 8) < &o +ersonshall handle or cause to be handled any haardoussubstance ece+t in accordance ith such +rocedureand ater com+lyin7 ith such sae7uards as may be+rescribed



The Environment (Protection) Act, 1986@urnishin7 o inormation to authorities and a7encies in certaincases (sec 9) <

(1) -here the dischar7e o any environmental +ollutant in ecess o the+rescribed standards occurs or is a++rehended to occur due to any accident orother unoreseen act or event, the +erson res+onsible or such dischar7e andthe +erson in char7e o the +lace at hich such dischar7e occurs or isa++rehended to occur shall be bound to +revent or miti7ate the environmental+ollution caused as a result o such dischar7e and shall also orthith<

• (a) intimate the act o such occurrence or a++rehension o such occurrence4and

• (b) be bound, i called u+on, to render all assistance, to such authorities ora7encies as may be +rescribed

(3) n recei+t o inormation ith res+ect to the act or a++rehension o anyoccurrence o the nature reerred to in sub<section (1), hether throu7hintimation under that sub<section or otherise, the authorities or a7enciesreerred to in sub<section (1) shall, as early as +racticable, cause such remedial

measures to be ta/en as are necessary to +revent or miti7ate theenvironmental +ollution

(B) The e+enses, i any, incurred by any authority or a7ency ith res+ect to theremedial measures reerred to in sub<section (3), to7ether ith interest (atsuch reasonable rate as the ?overnment may, by order, ) rom the date hena demand or the e+enses is made until it is +aid, may be recovered by such

authority or a7ency rom the +erson concerned as arrears o land revenue or o+ublic demand




Poers o entry and ins+ection (sec 1G)

• Subect to the +rovisions o this section, any +erson em+oered by the

!entral ?overnment in this behal shall have a ri7ht to enter, at allreasonable times ith such assistance as he considers necessary, any+lace<

(a) or the +ur+ose o +erormin7 any o the unctions o the !entral?overnment entrusted to him4

(b) or the +ur+ose o determinin7 hether and i so in hat manner, any

such unctions are to be +erormed or hether any +rovisions o this Actor the rules made there under or any notice, order, direction orauthoriation served, made, 7iven or 7ranted under this Act is bein7 orhas been com+lied ith4

(c) or the +ur+ose o eaminin7 and testin7 any e=ui+ment, industrial+lant, record, re7ister, document or any other material obect or orconductin7 a search o any buildin7 in hich he has reason to believe that

an o>ence under this Act or the rules made there under has been or isbein7 or is about to be committed and or seiin7 any such e=ui+ment,industrial +lant, record, re7ister, document or other material obect i hehas reason to believe that it may urnish evidence o the commission o ano>ence +unishable under this Act or the rules made there under or thatsuch seiure is necessary to +revent or miti7ate environmental +ollution




Poer to ta/e sam+le and +rocedure to be olloed

in connection thereith (sec 11)

(1) The !entral ?overnment or any oCcer em+oered by it in this behal, shall have +oer tota/e, or the +ur+ose o analysis, sam+les o air, ater, soil or other substance rom anyactory, +remises or other +lace in such manner as may be +rescribed

(3) The result o any analysis o a sam+le ta/en under sub<section (1) shall not be admissible inevidence in any le7al +roceedin7 unless the +rovisions o sub<sections (B) and () arecom+lied ith

(B) Subect to the +rovisions o sub<section (), the +erson ta/in7 the sam+le under sub<section(1) shall <

• (a) serve on the occu+ier or his a7ent or +erson in char7e o the +lace, a notice, then andthere, in such orm as may be +rescribed, o his intention to have it so analyed4

• (b) in the +resence o the occu+ier or his a7ent or +erson, collect a sam+le or analysis4

• (c) cause the sam+le to be +laced in a container or containers hich shall be mar/ed andsealed and shall also be si7ned both by the +erson ta/in7 the sam+le and the occu+ier or hisa7ent or +erson4

• (d) send ithout delay, the container or the containers to the laboratory established orreco7nied by the !entral ?overnment under section 13

() -hen a sam+le is ta/en or analysis under sub<section (1) and the +erson ta/in7 the sam+leserves on the occu+ier or his a7ent or +erson, a notice under clause (a) o sub<section (B),then,<

• (a) in a case here the occu+ier, his a7ent or +erson illully absents himsel, the +ersonta/in7 the sam+le shall collect the sam+le or analysis to be +laced in a container orcontainers hich shall be mar/ed and sealed and shall also be si7ned by the +erson ta/in7the sam+le, and

• (b) in a case here the occu+ier or his a7ent or +erson +resent at the time o ta/in7 the

sam+le reuses to si7n the mar/ed and sealed container or containers o the sam+le asre=uired under clause (c) o sub<section (B), the mar/ed and sealed container or containersshall be si7ned by the +erson ta/in7 the sam+les,



The Environment (Protection) Act,1986• ?overnment Analysts (sec 1B) < The !entral

?overnment may by notication in the Ccial?aette, a++oint or reco7nie such +ersons asit thin/s t and havin7 the +rescribed=ualications to be ?overnment Analysts orthe +ur+ose o analysis o sam+les o air, ater,soil or other substance sent or analysis to anyenvironmental laboratory established orreco7nised under sub<section (1) o section 13

• "e+orts o ?overnment Analysts (sec 1)-

Any document +ur+ortin7 to be a re+ort si7nedby a ?overnment analyst may be used asevidence o the acts stated therein in any

+roceedin7 under this Act



The Environment (Protection) Act, 1986Penalty or contravention o the +rovisions o the Act and therules, orders and directions (sec 1D)

(1)-hoever ails to com+ly ith or contravenes any o the+rovisions o this Act, or the rules made or orders ordirections issued there under, shall, in res+ect o eachsuch ailure or contravention, be +unishable ithim+risonment or a term hich may etend to D years

ith ne hich may etend to one la/h ru+ees, or ithboth, and in case the ailure or contravention continues,ith additional ne hich may etend to ve thousandru+ees or every day durin7 hich such ailure orcontravention continues ater the conviction or the rstsuch ailure or contravention

(3) $ the ailure or contravention reerred to in sub<section(1) continues beyond a +eriod o one year ater the date oconviction, the o>ender shall be +unishable ithim+risonment or a term hich may etend to seven years




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The Environment (Protection) Act,1986• Protection o action ta/en in 7ood aith (sec

18) < &o suit, +rosecution or other le7al +roceedin7shall lie a7ainst the ?overnment or any oCcer orother em+loyee o the ?overnment or any authorityconstituted under this Act or any member, oCcer orother em+loyee o such authority in res+ect o

anythin7 hich is done or intended to be done in 7oodaith in +ursuance o this Act or the rules made ororders or directions issued there under

• !o7niance o o>ences (sec 19) < &o court shall

ta/e co7niance o any o>ence under this Act ece+ton a com+laint made by<

(a) the !entral ?overnment or any authority or oCcerauthorised in this behal by that ?overnment, or

(b) any +erson ho has 7iven notice o not less than

sity days, in the manner +rescribed, o the alle7ed



The Environment (Protection) Act,1986• $normation, re+orts or returns (sec 3G) < The

!entral ?overnment may, in relation to its unctionunder this Act, rom time to time, re=uire any +erson,oCcer, State ?overnment or authority to urnish to itor any statistics, accounts and other inormation andsuch +erson, oCcer, State ?overnment or other

authority shall be bound to do so

• %embers, oCcers and em+loyees o the authorityconstituted under section B to be +ublic servants(sec 31) < All the members o the authority,

constituted, i any, in +ursuance o any +rovisions othis Act or the rules made or orders or directionsissued there under shall be deemed to be +ublicservants ithin the meanin7 o section 31 o the$ndian Penal !ode (D o 186G)



The Environment (Protection) Act,1986• Far o urisdiction (sec 33) < &o civil court shall have

urisdiction to entertain any suit or +roceedin7 inres+ect o anythin7 done, action ta/en or order ordirection issued by the !entral ?overnment or any otherauthority or oCcer in +ursuance o any +oer conerredby or in relation to its or his unctions under this Act

• Poers to dele7ate (sec 3B) < -ithout +reudice to

the +rovisions o sub<section (B), the !entral?overnment may, by notication in the Ccial ?aette,dele7ate, subect to such conditions and limitations as

may be s+ecied in the notications, such o its +oersand unctions under this Act Iece+t, the +oers toconstitute an authority under sub<section (B) o sectionB and to ma/e rules under section 3DJ as it may deemnecessary or e+edient, to any oCcer, State ?overnmentor authority



The Environment (Protection) Act,1986E>ect o other las (sec 3) <

(1)Subect to the +rovisions o sub<section(3), the +rovisions o this Act and therules or orders made therein shall havee>ect notithstandin7 anythin7inconsistent thereith contained in anyenactment other than this Act

(3) -here any act or omission constitutes

an o>ence +unishable under this Act andalso under any other Act then theo>ender ound 7uilty o such o>enceshall be liable to be +unished under the

other Act and not under this Act



The Environment (Protection) Act,1986• "ules made under this Act to be laid beore

Parliament (sec 36) < Every rule made under thisAct shall be laid, as soon as may be ater it is made,beore each .ouse o Parliament, hile it is insession, or a total +eriod o thirty days hich maybe com+rised in one session or in to or more

successive sessions, and i, beore the e+iry o theimmediately olloin7 the session or the successivesessions aoresaid, both .ouses a7ree in ma/in7 anymodication in the rule or both .ouses a7ree thatthe rule should not be made, the rule shall thereater

have e>ect only in such modied orm or be o noe>ect, as the case may be4 so, hoever, that anysuch modication or annulment shall be ithout+reudice to the validity o anythin7 +reviously doneunder that rule



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