The Environment (Protection)
Act, 1986.
(25rd May, 1986)
An Act to provide for the
protection and improvement of environment and for matters connected therewith. Where
decisions were taken at the United Nations Conference on the Human Environment
held at Stock-holm 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; Be it enacted by Parliament in the Thirty- Seventh
Year of the Republic of India as follows :--
Chapter 1-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 on such
date2 as the
Central Government may, by
notification in the official Gazette appoint and different dates may be
appointed for different provisions of this Act and for different areas.
2. Definitions- In this
Act, unless the context otherwise requires,-
(a) "environment",
includes water, air and land and the inter-relationship which existsamong 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 of the like of such substance;
(e) "hazardous
substance" means any substance or preparation which by reason of its
chemical or physicochemical properties or handling, is liable to cause harm to
human beings, other living creatures, plants, microorganism, 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.
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, of the rules
made there under, or
(b) under any other law for the
time being inorce which is relatable to the objects of this Act;
(ii) planning and execution of a
nationwide program me 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 whatsoever :
. 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 afeguards;
(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;
(viii) 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 hose functions or take such measures.
4. Appointment of officers and
their powers and functions-
(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-Notwith-
standing 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 herby 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 particulars, 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 or 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 rears;
(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 pollution and 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 permit 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 safeguard-No person shall handle or
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 of furs 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), 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 there under
or any notice, order, direction or authorisation severed, 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 there
under 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 there
under 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 the fails to do so without any
reasonable cause or excuse, he shall be guilty of an offence under this Act.
(3) If any person willfully
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 that 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
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
any 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-section (3) and (4) are
complied with.
(3) Subject to the provision 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 r
person;
(d) send without delay, the
container or the containers to the laboratory established or recognised by the
Central Government under section 12.
(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 sub- section (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 of containers of the sample as required under
clause (c) of sub-section (3), the marked and sealed container or containers shall
be singed by the person taking the samples, and the container or containers, shall
be sent without delay by the person taking the sample for analysis to the
laboratory established or recognised under section 12 and such person shall
inform the Government Analyst appointed or recognised under section 13 in
writing, about the willful absence of the occupier or his agent or person, or,
as the case may be, his refusal 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, be 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 a 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 there under, 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 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 top 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 provided that the offence has been committed
with the consent or connivance of, or is attributable to any neglect on the
part of, any of the company, such director, manager, to be gully 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 firm.
17. Offences by Government
Departments-
(1) Where an offence under this 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 be
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 there under.
19. Cognizance of offences-No
court shall take cognizance of any offence under this Act except on a complaint
made by- (a) the Central Government or any authority or officer authorised in
this behalf by that Government; or (b) 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 furnish 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 employee 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
of this Act or the rules made or orders or directions issued there under 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 25) as it may deem necessary or
expedient, to any officer, State Government or other authority.
24. Effect of other laws-Subject to the
provisions of sub-section (2), the provisions of this Act and the rules or
orders made therein shall have effect notwithstanding anything inconsistent
therewith contained in any enactment order 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 or 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 substance under section 13;
(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 19;
(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 day 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 may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously
done under that rule.