Environment (Protection) Act, 1986 :: Indian Bare Acts
Preamble
[No. 29 of 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 being, other living
creatures, plants and property;
Be it enacted by Parliament in the Thirty-seventh Year of the
1. Short Title, Extent and Commencement
(1) This Act may be called the Environment
(Protection) Act, 1986.
(2) It extends to the whole of
(3) It shall come into force on such date 1 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 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, micro-organism, 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.
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 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 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 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.
Comment: In the case quoted below the Supreme Court
directed that :
(a) all commercial/transport vehicles which
are more than 20 years old (9,349) shall be phased out and not permitted to ply
in the National Capital Territory, Delhi after 2nd October, 1998;
(b) all such commercial/transport vehicles
which are 17 to 19 years old (3,200) shall not be permitted to ply after 15th
November, 1998;
(c) such of the commercial/transport vehicles
which are 15 years and 16 years old (4,962) shall not be permitted to ply after
31st December, 1998.
(d). This order shall apply to all
commercial/transport vehicles whether registered in the National Capital
Territory of Delhi or outside (but ply in Delhi) which are of more than the
stipulated age.
(e). This ban order shall also be applicable to all such vehicles which do not have any authority or permit to ply in the National Capital Territory of Delhi. M. C. Mehta v. Union of India AIR 1999 SUPREME COURT 291
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
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 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 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.
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 Safeguards
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 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), 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. Power 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 authorization
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 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 (2 of 1974), 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 provisions of the said law.
11. Power to take Sample and Procedure to be followed in Connection there with
(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-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
analyzed;
(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
recognized 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 willfully 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 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 recognized under section 12 and such person shall inform the Government Analyst appointed or recognized 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 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 sample of air, water, soil or other substance sent for analysis to any environmental laboratory established or recognized 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 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 provide 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 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;
(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 by the 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.
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
under this Act except on a complaint made by –
(a) the Central Government or any authority or
officer authorized 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 authorized 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 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 of 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 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
(1) 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 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 caused 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 analyzed 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 recognized for the purpose of analysis of
samples of air, water, soil or other substances 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 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 House 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.
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