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
(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) He 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.
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