“Law Master’s’ Publication”
‘Environment Protection Act 1986’
Prof. Santosh D. Bhosale
26
(..4 ..)
THE ENVIRONMENT (PROTECTION) ACT 1986
QUESTION BANK
Q.1. What are the salient features of the Environment (Protection) Act. 1986
Q.2. What powers are given to the Central Government under the Environment Act.
Q.3. Write a detailed note on ‘Protection agencies’ for the Environment
Q.4. Write a detailed note on Environment (Protection) Act.1986
SYNOPSIS
Table of Contents
(c) Environmental Pollution [S.2(c)]:-...................................................................................... 28
3) Power to Give Directions (S.5):-.......................................................................................... 29
6) Power to take Sample and Procedure to be followed in connection therewith .................... 30
“Law Master’s’ Publication”
‘Environment Protection Act 1986’
Prof. Santosh D. Bhosale
27
I]
(PROTECTION). 1986.
The main object of this Act is to protect and improve the environment and matters
PROVISION AND PENALTIES UNDER THE ENVIRONMENT
connected therewith. This Act was passed to give effect to the decision taken at the United
Nations Conference on the Human Environment held in Stockholm in June 1972. The
conference was held to take appropriate steps for protecting and improving the human
environment. It is further held to prevent hazards to human beings, other living creatures,
plants, and property.
II]
1)
2)
3)
SALIENT FEATURES OF THE ACT.
The following are the salient feature of the Act-
The Environment (Protection) of Act.1986 is a small piece of legislation consisting
of 26 sections divided into 4 chapters.
The basic aim of the Act is to protect and improve the environment and bring
greater awareness among people.
The Act gives ample power to the Central Government to take measures necessary
for protection and improvement of the environment.
4)
5)
The Act prescribes punishment to the polluters, even though the Dept. is of Govt.
The jurisdiction of the civil court is ousted in relation to the subject matter dealt
within the Environment (Protection) Act.1986.
III] DEFINITIONS (S.2).
(a)
Environment [S.2 (a)]:-
The environment includes water, air, and land and the inter-relationship which exist
among and between water, air, and land, and human beings other living creatures, plants,
microorganisms, and property.
(b)
Environmental Pollutant [S.2 (b)]:-
“Law Master’s’ Publication”
‘Environment Protection Act 1986’
Prof. Santosh D. Bhosale
28
Environmental pollutant means any solid, liquid, or gaseous substance present in
such concentration as may be, or tend to be injurious to the environment.
(c)
Environmental Pollution [S.2(c)]:-
It means, “the presence in the environment of any environmental pollutant”.
CENTRAL GOVERNMENT AS A PROTECTION AGENCY OF THE
IV]
ENVIRONMENT.
Under the Act, the Central Government is empowered to protect the environment,
in this way it is a protection agency for the environment. To protect the environment, the
Act has conferred some powers in favour of the Central Government, viz.
1)
Power of Central Government To Take Measures to Protect and Improve The
environment (S.3):-
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 protecting and improving
the quality of the environment and preventing, controlling, and abating environmental
pollution.
(1)
In particulars, and without prejudice to the generality of the provisions of sub-
section (1), such measures may include measures concerning to all or any of the
following matters, namely: -
(i) Coordination of actions by the State Governments, officers, and other
authorities-
(a)
(b)
Under this Act, or the rules made there under, or
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 nationwide program for the prevention, control,
and abatement of environmental pollution;
(iii) Laying down standards for the quality of the 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 the 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 that
“Law Master’s’ Publication”
‘Environment Protection Act 1986’
Prof. Santosh D. Bhosale
29
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, order, or such directions
to such authorities, officers, or persons as it may consider necessary to take
steps for the prevention, control, and abatement of the environmental pollution;
(xi) Establishment or recognition of the 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) Such other matters as the Central Government deems necessary or expedient
for securing the effective implementation of the provisions of this Act.
The Central Government may, if it considers necessary or expedient so to do
for 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 S.5 of the Central Government under this Act and for taking measures with respect
to such of the matters referred to in Ss. (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.
2)
Appointment of Officers and Their Powers and Functions (S.4):-
Under S.4 the Central Government is empowered to appoint officers for carrying
out provisions of the Environment (Protection) Act.1986, however, such officers shall
work under the general control of the Central Government.
3)
Power to Give Directions (S.5):-
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
“Law Master’s’ Publication”
‘Environment Protection Act 1986’
Prof. Santosh D. Bhosale
30
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) stopping or regulation of the supply of electricity or water or any other service.
4)
Rule Making-Power (S. 6):-
The Central Government may, by notification in the Official Gazette, make rules
in respect of all or any of the matters referred to in S. 3. Such rules may be related with-
(i)
the standards of quality of air, water, or soil for various areas;
limit of concentration of various environmental pollutants, including noise;
the procedure and safeguards for the handling of hazardous substances;
prohibition on the handling of hazardous substances;
(ii)
(iii)
(iv)
(v)
5)
prohibition or regulation on the location of industries.
Powers of Entry and Inspection (S. 10):-
Any person empowered by the Central Government on this behalf shall have a right
to enter, at all reasonable times with such assistance as he considers necessary, any place
for the purpose of performing any of the functions of the Central Government entrusted to
him.
6)
Power to take the sample and Procedure to be followed in connection therewith
(S. 11):-
The Central Government or any officer empowered by it on this behalf shall have
the power to take, for analysis, samples of air, water, soil, or other substances from any
factory, premises, or any other place in such manner as may be prescribed.
7)
To Set Environmental Laboratories (S. 12):-
By the Section, the Central Government is empowered to-
establish one or more environmental laboratories;
recognize one or more laboratories or institutes as environmental laboratories; and
make rules thereto.
(i)
(ii)
(iii)
8)
To Appoint Government Analysts (S. 13):-
The Central Government is empowered to appoint or recognize persons to be
Government analysts for the purpose of analysis of samples of air, water, soil, or other
substances.
V]
1)
OTHER PROVISIONS OF THE ACT
Persons carrying on industry, operation, etc. not to allow emission or
discharge of the environmental pollutants in excess of the standards (S.7): -
“Law Master’s’ Publication”
‘Environment Protection Act 1986’
Prof. Santosh D. Bhosale
31
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.
2)
Persons handling hazardous substances to comply with procedural
safeguards (S.8):-
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.
3)
Penalty for contravention of the provisions of the Act and the rules, orders
and directions (S.15):-
(1)
Whoever fails to comply with or contravenes any of the provisions of this Act,
or the rules, be punishable with imprisonment up to 5 years or with a fine which
may be up to one lakh rupees, or with both, and in case of failure or contravention
continues, with additional fine which may extend up to Rs.-5,000/-for every day
during which such failure or contravention continues.
(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 up to seven years.
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