[PDF]Environment (Protection) Act (India) 1986

THE ENVIRONMENT (PROTECTION) ACT, 1986

No. 29 of 1986

[23rd May, 19$6.]

An Act to provide for the protection and improvement of environ-
ment 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 im-
provement of human environment;

And whereas it is considered necessary further to implement the de-
cisions. aforesaid in so far as they relate to the protection and improve-
ment 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 I
Preliminary .

1. (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 provisions of this Act and for different
areas.

2. 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 environ-
ment of any environmental pollutant;

((J) "handling", in relation to any substance, means the manufac-
ture, 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, micro-organism, property or the environment;

1 19-11-1986 : vide Nolifiealiou No. G, S. R. 1198 (E), dated 12-11-1986,
Gazette of India, 1986, Extra ordinary, Part JI, Section 3 (i).


Short title,
extent and
commence-
ment.


995


996


Environment (Protection)


[act S$


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


Act.


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


Power
of Cen-
tral Gov-
ernment to
takemea- 1
sures to
protect
and im-
prove en-
viron-
ment.


CHAPTER II
Gener'al power's of the Central Government

3. (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 pro-
visions 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;

. (in) laying down standards for the quality of environment in
its various aspects;

(iv) laying down standards for emission or discharge of envi-
ronmental 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 environ-
mental 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 Ire 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;

(viii) examination of such manufacturing processes, materials
and substances as are likely to cause environmental pollution;

(ix) carrying out arid sponsoring investigations and: research re-
lating to problems of environmental pollution;


of 1986


Environment (Protection)


(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 necessarytfc take steps for the prevention, control and

abatement of environmental pollution;

(cci) establishment or recognition of environmental laboratories
and institutes to carry out the functions entrusted to such environ-
mental laboratories and institutes under this Act;

Cm) collection and dissemination of information in respect of
matters relating to environmental pollution;

(xiii) preparation of manuals, codes or guides relating to the pre-
vention, 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. |* tft l

{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
V name Or names as may be specified in the order/for the purpose of exer-
cising 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 JuGjh of the mat-
ters referred to in sub-section (2)ja$ •may'lBfc' fnenBotted "in the order
rj'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 tak© 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 func-
tions or take such measures, j ,

4. '(i) Without prejudice to the provisions of sub-section (3) of sec-
tion 3, the Central Government may appoint officers with such designa-
tions 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 tp
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. Notwithstanding anything contained in any other law but subject to Power to
the provisions of this Act, the Central. Government may, in the exercise sive .

of its powers and performance of its functions under this Act, issue direc- direction:
tions 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, ope-
ration or process; or


Environment (Protection')


[act i§


Rules
to regu-
late en_
viron-
mental
pollu-
tion.


(6) stoppage or regulation of the supply of electricity or water
or any other service.

6. (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. . | , jj

(2) In particular, and without prejudice to the generality of the fore-
going power, such rules 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 hazar-
dous substances in different areas;

(e) the prohibition and restrictions on the location of indus-
tries and the carrying on of processes and operations in different areas;

(f) the procedures and safeguards for the prevention of accidents
I which may cause environmental pollution and for providing for re-
medial measures for such accidents.


Persons
carrying on
industry,
opera-
tion, etc.,
not to
allow
emission
or dis-
charge of
environ-
mental
pollu-
tants in
excess!
of the stan-
dards.

Persons
handling
hazar-
dous
substan-
ces to
comp?-y
with
proce-
dural
safe-
guards.


CHAPTER III

Prevention, control and abatement of environmental pollution

7. No person carrying on 1 any industry, operation or process shall
discharge or emit or permit to be discharged or emitted any environ-
mental pollutant in excess of such standards as may be prescribed.


8. No person shall handle or cause to be handled any hazardous sub-
stance except in accordance with such procedure and after complying
with such safeguards as may be prescribed.


of 1986]


Envtironmenii (Protection)


999


9. (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 dis-
charge occurs or is apprehended to occur shall be bound to prevent or
mitigate the evvironmental pollution caused as a result of such discharge
arid shall also forthwith — ■

(a) intimate the fact of such occurrence or apprehension of such
occurrence; a'nd

(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 apprehen-
sion of any occurrence of the nature referred to in sub-section (2),
whether through intimation under that sub-section or otherwise, the
authorities or agencies referred to in sub-section (i) 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 ref erred 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 con-
cerned as arrears of land revenue or of public demand.

10. (1) Subject to the provisions of this section, any person empower- powers

ed by the Central Government in this behalf shall have a right to enter, of entry

at all reasonable times with such assistance as he considers necessary, and ins.

anyplace— pection.

(a) for. the purpose of performing any of the functions of the
Central' Government entrusted to him;'

(b) for th purpose; of determining whether and if so in what
's 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, documeat 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 o: ■ 's being or is about to be committed, and for
seizing any such equipment, industrial plant, record, register, docu-
ment or other material object if he has treasons 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
(/) for carryig out the functions under that sub-section and if he fails


Furnish-
ing of
informa-
tion to
authori-
ties and
agencies
in certain
cases.


1000


Environment Protection)


[act 29


Power to
take
sample
and proce-
dure to be
followed
in con-
nection
therewith.


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 (7) 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 afty 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 qf the said Code or, as the
case may be, under he corresponding provision of the said law.

11- (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
(2) shall not be admissible in evidence in any legal proceeding unless the
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 subjection (2 ) 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 12.

(4) When a sample is taken for analysis under sub-section (2) and
the person taking the sample serves on the occupier or his agent or per-
son, 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 ■ "' 3

(b) in a case where the occupier or his agent or person present at
the time of talcing tiae, sample refuses to sign the marked and sealed
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