INDIA PIL The Indian Public Law Initiative
HOME Features Activists PIL Studies ACTs & Laws SC Judgements Contact us Links INDIA PIL LAWS, THE ENVIRONMENT PROTECTION ACT, 1986
WARNING : THIS ACT IS THE ORIGINAL ACT, IT HAS BEEN SUBSEQUENTLY AMENDED AND MODIFIED, YOU ARE ENCOURAGED TO PURCHASE THE LATEST COPY OF THIS ACT FROM YOUR NEAREST LAW BOOKSTORE. YOU HAVE BEEN WARNED !!!
THE ENVIRONMENT (PROTECTION) ACT, 1986
CONTENTS
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER II
GENERAL POWERS OF THE CENTRAL GOVERNMENT
3. Power of Central Government to take measures to protect and improve
environment
4. Appointment of officers and their powers and functions
5. Power to give directions
6. Rules to regulate environmental pollution
CHAPTER III
PREVENTION, CONTROL AND ABATEMENT OF
ENVIRONMENTAL POLLUTION
7. Persons carrying on industry, operation, etc., not to allow emission
or discharge of environmental pollutants in excess of the standards
8. Persons handling hazardous substances to comply with procedural
safe-guards
9. Furnishing of information to authorities and agencies in certain cases
10. Powers of entry and inspection
11. Power to take sample and procedure to be followed in connection
therewith
12. Environmental laboratories
13. Government Analysts
14. Reports of Government Analysts
15. Penalty for contravention of the provisions of the Act and the rules,
orders and directions
16. Offences by companies
17 Offences by Government Departments
CHAPTER IV
MISCELLANEOUS
18. Protection of action taken in good faith
19. Cognizance of offences
20. Information, reports or returns
21. Members, officers and employees of the authority constituted under
section 3 to be public servants
22. Bar of Jurisdiction
23. Power to delegate
24. Effect of other laws
25. Power to make rules
26. Rules made under this Act to be laid before Parliament.
THE ENVIRONMENT (PROTECTION) ACT, 1986
(Act 29 of 1986)
[23rd May, 1986]
An Act to provide for the protection and improvement of environment and for
matters connected therewith.
WHEREAS 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;
AND WHEREAS it is considered necessary further to implement the decisions
aforesaid in so far as they relate to the protection and improvement of
environment and the prevention of hazards to human beings, other living
creatures, plants and property;
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. -
(1) This Act may be called the Environment (Protection) Act, 1986.
(2) It extends to the whole of India.
(3) It shall come into force on such date1 as the Central Government may
,by notification in the Official Gazette, appoint and different dates may be
appointed for different provision of this Act and for different areas.
1. 19th November, 1986, vide G.S.R. 1198(E), dated 12th November, 1986.
2. Definitions.- In this Act, unless the context otherwise requires,-
(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, plants, microorganism,
property or the environment;
(f) Occupies', 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 miles made under this Act.
CHAPTER II
GENERAL POWERS OF THE CENTRAL GOVERNMENT
3. Power of Central Government to take measures to protect and improve
environment. -
(1) Subject to the provisions of this Act, the Central Government shall
have the power to take all such measures as it deems necessary or expedient for
the purpose of protecting and improving the quality of the environment and
preventing, controlling and abating environmental pollution.
(2) In particular, and without prejudice to the generality of the provisions
of sub-section (1), Such measures may include measures with respect to all or
any of the following matters, namely :-
(i) Co-ordination of actions by the State Governments, officers and other
authorities-
(a) Under this Act, or the rules made thereunder, or
(b) Under any other law for the time being in force which is relatable to
the objects of this Act;
(ii) Planning and execution of a nation-wide programme for the prevention,
control and abatement of environmental pollution;
(iii) Laying down standards for the quality of environment in its various
aspects;
(iv) Laying down standards for emission or discharge of environmental
pollutants from various sources what so ever:
Provided that different standards for emission or discharge may be laid down
under this clause from different sources having regard to the quality or
composition of the emission or discharge of environmental pollutants from such
sources;
(v) Restriction of areas in which any industries, operations or processes
or class of industries, operations or processes shall not be carried out or
shall be carried out subject to certain safeguards;
(vi) Laying down procedures and safeguards for the prevention of accidents,
which may cause environmental pollution, and remedial measures for such
accidents;
(vii) Laying down procedures and safeguards for the handling of hazardous
substances-,
(vi) Examination of such manufacturing processes, materials and substances
as are likely to cause environmental pollution;
(ix) Carrying out and sponsoring investigations and research relating to
problems of environmental pollution;
(x) Inspection of any premises, plant, equipment, machinery, manufacturing
or other processes, materials or substances and giving, by order, of such
directions to such authorities, officers or persons as it may consider necessary
to take steps for the prevention, control and abatement of environmental
pollution;
(xi) Establishment or recognition of environmental laboratories and
institutes to carry out the functions entrusted to such environmental
laboratories and institutes under this Act;
(xii) Collection and dissemination of information in respect of matters
relating to environmental pollution;
(xiii) Preparation of manuals, codes or guides relating to the prevention,
control and abatement of environmental pollution;
(xiv) Such other matters as the Central Government deems necessary or
expedient for the purpose of securing the effective implementation of the
provisions of this Act.
(3) The Central-Government may, if it considers it necessary or expedient
so to do for the purposes of this Act, by order, published in the Official
Gazette, constitute an authority or authorities by such name or names as may be
specified in the order for the purpose of exercising and performing such of the
powers and functions (including the power to issue directions under section (5)
of the Central Government under this Act and for taking measures with respect to
such of the matters referred to in sub-section (2) as may be mentioned in the
order and subject to the supervision and control of the Central Government and
the provisions of such order, such authority or authorities may exercise the
powers or perform the functions or take the measures so mentioned in the order
as if such authority or authorities had been empowered by this Act to exercise
those powers or perform those functions or take such measures.
4. Appointment of officers and their powers and functional -
(1) Without prejudice to the provisions of sub-section (3) of section 3,
the Central Government may appoint officers with such designations as it thinks
fit for the purposes of this Act and may entrust to them such of the powers and
functions under this Act as it may deem fit.
(2) The officers appointed under sub-section (1) shall be subject to the
general control and direction of the Central Government or, if so directed by
that Government, also of the authority or authorities, if any, constituted
under sub-section (3) of section 3 or of any other authority or officer.
5. Power to give directions.- Notwithstanding anything contained in any
other law but subject to the provisions of this Act, the Central Government
may, in the exercise of its powers and performance of its functions under
this Act, issue directions in writing to any person, officer or any authority
and such person, officer or authority shall be bound to comply with such
directions.
Explanation.-For the avoidance of doubts, it is hereby declared that the power
to issue directions under this section includes the power to direct-
(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.-
(1) 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.
(2) In particular, and without prejudice to the generality of the
foregoing power, such files may provide for all or any of the following matters,
namely:-
(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 restrictions on the location of industries and the
carrying on of processes and operations in different areas;
(f) The procedures and safeguards for the prevention of accidents, which
May cause environmental for providing for remedial measures for such
accidents.
CHAPTER III
PREVENTION, CONTROL AND ABATEMENT OF
ENVIRONMENTAL POLLUTION
7. Persons carrying on industry, operation, etc., not to allow emission
or discharge of environmental pollutants in excess of the standards.-No person
carrying on any industry, operation or process shall discharge or emit or
peanut to be discharged or emitted any environmental pollutant in excess of
such standards as may be prescribed.
8. Persons handling hazardous substances to comply with procedural
safeguards. - No person shall handle cause to be handled any hazardous
substance except in accordance with such procedure and after complying with
such safeguards as may be prescribed.
9. Furnishing of information to authorities and agencies in certain
cases.-
(1) Where the discharge of any environmental pollutant in excess of the
prescribed standards occurs or is apprehended to occur due to any accident or
other unforeseen act or event, the person responsible for such discharge and
the person in charge of the place at which such discharge occurs or is
apprehended to occur shall be bound to prevent or mitigate the environmental
pollution caused as a result of such discharge and shall also forthwith-
(a) Intimate the fact of such occurrence or apprehension of such
occurrence; and
(b) Be bound, if called upon, to render all assistance, to such
authorities or agencies as may be prescribed.
(2) On receipt of information with respect to the fact or apprehension of
any occurrence of the nature referred to in sub-section (1), whether through
intimation under that sub-section or otherwise, the authorities or agencies
referred to in sub-section (1) shall, as early as practicable, cause such
remedial measures to be taken as are necessary to prevent or mitigate the
environmental pollution.
(3) The expenses, if any, incurred by any authority or agency with respect
to the remedial measures referred to in sub-section (2),9 together with interest
(at such reasonable rate as the Government may, by order, fix)from the date when
a demand for the expenses is made until it is paid, may be recovered by such
authority or agency from the person concerned as arrears of land revenue or of
public demand.
10. Powers of entry and inspection.-
(1) Subject to the provisions of this section, 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 the purpose of determining whether and if so in what manner, any
such functions are to be performed or whether any provisions of this Act or the
rules made thereunder or any notice, order, direction or authorisation served,
made given or granted under this Act is being or has been complied with;
(c) For the purpose of examining and testing any equipment, industrial
plant, record, register, document or any other material object or for conducting
a search of any building in which he has reason to believe that an offence under
this Act or the rules made thereunder has been or is being or is about to be
committed and for seizing any such equipment, industrial plant, record,
register, document or other material object if he has reasons to believe that it
may furnish evidence of the commission of an offence punishable under this Act
or the rules made thereunder or that such seizure is necessary to prevent or
mitigate environmental pollution.
(2) Every person carrying on any industry, operation or process or
handling any hazardous substance shall be bound to render all assistance to the
person empowered by the Central Government under sub-section (1) for carrying
out the functions under that sub-section and if he fails to do so without any
reasonable cause or excuse, he shall be guilty of an offence under this Act.
(3) If any person wilfully delays or obstructs any person empowered by the
Central Government under sub-section (1) in the performance of his functions, he
shall be guilty of an offence under this Act.
(4) The provisions of the Code of Criminal Procedure, 1973, or, in relation
to the State of Jammu and Kashmir, or any area in which that Code is not in
force, the provisions of any corresponding law in force in that State or area
shall, so far as may be, apply to any search or seizure under this section as
they apply to any search or seizure made under the authority of a warrant issued
under section 94 of the said Code or, as the case may be, under the
corresponding provision of the said law.
11. Power to take sample and procedure to be followed in connection
therewith. -
(1) The Central Government or any officer empowered by it in this behalf,
shall have power to take, for the purpose of analysis, samples of air, water,
soil or other substance from factory, premises or other place in such manner as
may be prescribed.
(2) The result of any analysis of a sample taken under sub-section (1) shall
not be admissible in evidence in any legal proceeding unless the provisions of
sub-sections (3) and (4) are complied with.
(3) Subject to the provisions of sub-section (4), the person taking the
sample under sub- section (1) shall-
(a) Serve on the occupier or his agent or person in charge of the place, a
notice, then and there, in such form as may be prescribed, of his intention to
have it so analysed;
(b) In the presence of the occupier or his agent or person, collect a
sample for analysis;
(c) Cause the sample to be placed in a container or containers which shall
be marked and sealed and shall also be signed both by the person taking the
sample and the occupier or his agent or person;
(d) Send without delay, the container or the containers to the laboratory
established or recognised by the Central Government under section
(4) When a sample is taken for analysis under sub-section (1) and the
person taking the sample serves on the occupier or his agent or person, a
notice under clause (a) of subsection (3), then,-
(a) In a case where the occupier, his agent or person wilfully absents
himself, the person taking the sample shall collect the sample for analysis to
be placed in a container or containers which shall be marked and sealed and
shall also be signed by the person taking the sample, and
(b) In a case where the occupier or his agent or person present at the
time of taking the sample refuses to sign the marked and sealed container or
containers of the sample as required under clause (c) of sub-section (3), the
marked and sealed container or containers shall be signed by the person
container or containers shall be sent without taking the samples, and the sample
for analysis to the laboratory delay by the person taking the sample for
analysis to the laboratory established or recoganised section 12 and such Person
shall inform the established or recognised under section 13 in writing, about
the wilful absence of the occupier or his agent or person , or, as the case may
be, his refuse to sign the container or containers.
12. Environmental laboratories.-
(1) The Central Government may, by notification in the official Gazette,-
(a) Establish one or more environmental laboratories;
(b) Recognise one or more laboratories or institutes as environmental
laboratories to carry out the functions entrusted to an environmental laboratory
under this Act.
(2) The Central Government may, by notification in the Official Gazette,
make rules specifying-
(a) The functions 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 the fees payable for such report;
(c) Such other matters as may be necessary or expedient to enable that
laboratory to carry out its functions.
13. Government Analysts.- The Central Government may, by notification in
the official Gazette, appoint or recognise such persons as it thinks fit and
having the prescribed qualifications to be Government Analysts for the, purpose
of analysis of samples of air, water, soil or other substance sent for analysis
to any environmental laboratory established or recognised under sub-section (1)
of section 12.
14. Reports of Government Analysts.-Any document purporting to be a report
signed by Government Analyst may be used as evidence of the facts stated therein
in any proceeding under this Act.
15. Penalty for contravention of the provisions of the Act and the rules,
orders and directions. -
(1) Whoever fails to comply with or contravenes any of the provisions of
this Act or the rules made or orders or directions issued thereunder, shall, in
respect of each such failure or contravention be punishable with imprisonment
for a term which may extend to five years or with fine which may extend to one
lakh rupees, or with both, and in case the failure or contravention continues,
with additional fine which may extend to five thousand rupees for every day
during which such failure or contravention continues after the conviction for
the first such failure or contravention.
(2) If the failure or contravention referred to in sub-section (1)
continues beyond a period of one year after the date of conviction, the offender
shall be punishable with imprisonment for a term, which may extend to seven
years.
16. Offences by companies.-
(1) Where any offence under this Act has been committed by a company,
every person who, at the time the offence was committed, was directly in charge
of, and was responsible to, the company for the conduct of the business of the
company, as well as the company, 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 sub-section shall render any such person liable to any
punishment provided in this Act if he proves that the offence was committed
without his knowledge or that he exercised all due diligence to prevent the
commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an
offence under this Act has been committed by a company and it is proved that the
offence has been committed with the consent or connivance of, or is attributable
to any neglect on the part of, any director, manager, secretary or other officer
of the company, such director, manager, secretary or other officer shall also be
deemed to be guilty of that offence and shall be liable to be proceeded against
and punished accordingly.
Explanation.-For the purposes of this section,-
(a) Company means any body corporate, and includes a firm or other
association of individuals; and
(b) Director, in relation to a firm , means a partner in the firm .
17. Offences by Government Departments.-
(1) Where an offence under this Act has been committed why any
department of Government, the head of the Department 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 exercised all due diligence to prevent the
commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an
offence under this Act has been committed by a Department of Government and it
is proved that the offence has been committed with the consent or connivance of,
or is attributable to any neglect on the part of, any officer, other than the
Head of the Department, such officer shall also be deemed to be guilty of that
offence and shall also liable to be proceeded against and punished accordingly.
CHAPTER IV
MISCELLANEOUS
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
un except on a complaint made by-
(i) The Central Government or any authority or officer authorised in this
behalf by that Government; or
(ii) 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 authorised as
aforesaid.
20. Information, reports or returns.- The Central Government may, in
relation to its functions under this Act from time to time, require any person,
officer, State Government or other authority to finish to it or any prescribed
authority or officer any reports, returns, statistics, accounts and other
information and such person, officer, State Government or other authority shall
be bound to do so.
21. Members, officers and employees of the authority constituted under
section 3 to be public servants.- All the members of the authority, constituted,
if any, under section 3 and all officers and other employees of such authority
when acting or purporting to act in pursuance of any provisions 0f this Act or
the rules made or orders or directions issued thereunder shall be deemed to be
public servants within the meaning of section 21 of the Indian Penal Code.
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.-Without prejudice to the provisions of sub-section
(3) of section 3, the Central Government may, by notification in the Official
Gazette, delegate, subject to such conditions and limitations as may be
specified in the notification, such of its powers and functions under this Act
[except the power to constitute an authority under sub-section (3) of section 3
and to make rules under section 251 as it may deem necessary or expedient, to
any officer, State Government or other authority.
24 . Effect of other laws.-
(1) Subject to the provisions of sub-section (2), the provisions Act and
the rules or orders made therein shall have effect notwithstanding anything
inconsistent therewith contained in any enactment other than this Act.
(2) Where any act or omission constitutes an offence punishable under this
Act and also under any other Act then the offender found guilty of such offence
shall be liable to be punished under the other Act and not under this Act.
25. Power to make rules.-
(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following matters,
namely:-
(a) The standards in excess of which environmental pollutants shall not be
discharged or emitted under section 7;
(b) The procedure in accordance with and the safeguards in compliance with
which hazardous substances shall be handled or cause to be handled under section
8;
(c) The authorities or agencies to which intimation of the fact of
occurrence or apprehension of occurrence of the discharge of any environmental
pollutant in excess of the prescribed standards shall be given and to whom all
assistance shall be bound to be rendered under sub-section (1) of section 9;
(d) The manner in which samples of air, water, soil or other substance for
the purpose of analysis shall be taken under sub-section (1) of section 11;
(e) The form in which notice of intention to have a sample analysed shall
be served under clause (a) of sub-section (3) of section 11;
(f) The functions of the environmental laboratories, the procedure for the
submission to such laboratories of samples of air, water, soil and other
substances for analysis or test; the form of laboratory report; the fees
payable for such report and other matters to enable such laboratories to carry
out their functions under sub-section (2) of section 12;
(g) The qualifications of Government Analyst appointed or recognised for
the purpose of analysis of samples of air, water, soil or other substances under
section 19;
(h) The manner in which notice of the offence and of the intention to make
a complaint to the Central Government shall be given under clause (b) of section
20;
(i) The authority or officer to whom any reports, returns, statistics,
accounts and other information shall be furnished under section 20;
(j) Any other matter which is required to be, or may be, prescribed.
26. Rules made under this Act to be laid before Parliament.-Every rule made
under this Act shall be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session, for a total period of thirty days
which may be comprised in one session or in two or more successive sessions, and
if, before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any modification in
the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the
case maybe; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule.
INDIA PIL LAWS, THE ENVIRONMENT PROTECTION ACT, 1986