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    2. The Environment Protection Act_1986

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    6 views15 pages

    The Environment Protection Act - 1986

    Uploaded by

    Aayushi Godse

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
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    THE ENVIRONMENT (PROTECTION) ACT, 1986 MINISTRY OF ENVIRONMENT & FORESTS DEPARTMENT OF ENVIRONMENT, FORESTS & WILDLIFE GOVERNMENT OF INDIA NEW DELHI The Environment (Protection) Act, 1986 [No.29 OF 1986 [23rd May, 1985) Au Act toProvide for the Protection and Improvement of Enviroament ‘and for Matters Connected therewith, ‘Watenvas 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 hulman environment; An witeneas it is considered necessary farther 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, plantsand property; Br it enacted by Perliemeat in the Thisty-seventh Year of the Republicof India as follows: (CHAPTER Pretintnaxy @ (THis Act may becalled the Environment (Protection) Act, 86 (2) extends tothe whole of India. (3) It shall come into force on such date as the Central Governmeat may, by notification in the Oificial Gazette, appoint and differeat dates may be appointed for different provisions of this Actand for different areas. Short tile ew tentand mere Destin Bowes fo Cone tral Go take mea ‘THE ENVIRONMENT (PROTSCHION) ACT, | 5 @n 5s thecontext otherwise requires: — @ tneludes water, air and Land and the inter. relationship which exists among and between water, air and land, and human beings, other fvingereatures, plauts, micro corganismand property; () CERRRORAEAEINPSIGAD merns any sotid, squid or go- scous substance present in such concentration as may be, or tend to be injuciousto environment; (GSTS srcans the presence in the en- vironment ofaaveavironavental pollutant; (QGRGP, in ratatioa wo any substance, meens the mamufac- tars procesiing, treatment, package, storage, tansporation, use, collection, destruction. conversion, offering for rale tuansferor the ike of seh subs.ance, @ ” means any substance or preparation ‘which, by reason ef its chemical or physico-chemical proper- ties or hundling: is liable to'cause harm to human beiags, outer living creatures, plants, micr theenvironment; (( @BRAP in relation to any factory ot premises, means 2 person who han control over the affais of the facto or the Premises and includes, in relation to any substance, the personin posessionof the substance: 42) @PRREEBEDD sncans presribed by rules made wader this Act. CHAPTER II (Gunerat POWERS 0 THF CENTRAL GOVERNMENT 1. ENVIRONMENT (PHOTECTION) Acr, 1986 3 Q)'In particular, and without prejudice to the generality of the protee: provisions of sub-seciion (i), such measures may inclnde measnres and i= ‘with respec! to all orany of the following matters, namely:— Fete @ | co-ordination of actions by the State Governments, officers _ ment. and other authorities: — (a) under this Act, ortherulesmade thereunder; or (b) under any other Iaw for che time being in force which is, relatable to the objectsof this Act; planning and execution of « nation-wide programme for the prevention, control and abatement of environmental pol lution; laying down siandards for the quality of environment ints various aspects; @Bioying down standards for emission or discharge of en- vironmental pollutants from various sources whatsoever Provided that different standards for emission or discharge ‘may be laid down under this clause from different sources hhavingregard to the quality or composition of the emission or discharge of environmental pollutants from such sou @ cestriction of azeas in which any industries, operations, oF processes or class of industries. operations or processes shall not be canjied out ur slall be carried out subject to certain safeguards; @j saying down procedures and safeguards for the prevention of scxidento which my conte cyirsamental potion and remedial eastes for such accidents (G@@ eying down procedures anc satemvards forthe handing of hazardous subsiances; THE ENVIRUNMENI (PROTECTION) ACT, 1986 (GW examination of such manufacturing processes, materials and substances as are likely to cause environmental pol lution, @BPearrying out and sponsoring investigations and cesearch relating to problems of environmental pollution; @® 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 environmen- tal pollution; @%) establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this Act; @y collection and disseminativu of information in respect of matters relating to environmental pollution; Gi) preparation of manuals. codes or guides relating to the prevention, control and abatement of environmental po} lution; (GIy) such oiler maticrs 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 tt considers it necessary ur 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 flames as may be specified in the order for the-purposz})f exercising and performing such of the powers and functivus (incfud- ing the power to issue directions under section 5) of the Central Government under this Act and for taking measures with respect to of tie matters reterred to in sub-section (2) as may be mentioned ie order and subject wo the supervision aud cuatrol 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. T EymonmenT (PROTECTION) AcT, 1986 @ G) 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 enteust £0 them such of the powers snd fumetions under this Act asi 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, 6 directed by that Government, also of the authority orauthoritios, if any, constituted under sub-section (3) of section 3 or of any other authority or officer. @ Notwithstanding anything contained in any other law but subject to the provisions ofthis Act, the Central Government may. in the exercise ofits powers and performance of its functions under is 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 doubis, itis heeeby declared shat the power to ismne dirsetions ender thie seevion ineludes the power todirect: — @© te: tiene, pratithion ar egilide-et vay iadeny, opetationot processor stoppage or regulation of the supply df electricity or water or any other serviee. @ (1) The Central Government may, by notification in the Offiia! Gazete, make rules in resne! of all oF any of the matters referred isin soction 3 (2) In particutar, and without prejudice to the generality of the Racyuiug power, suck rules may pruride fr all ur aay of che following matters, namely:— @) the standards of quality of air, water or soil for various areas and purposes; @ te maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; @ tthe peooniures and safeguards forthe handing of hazardous ‘Agpoiat: mnt of fliers and their posers Bed fone Power wee dre Rule to ep late en meatal ‘6 THEE ENVIRONMENT (PROTECTION) ACT, IS @ tae prohibition and restrictions on the handling of hazardous ssbseancesn different areas; @ be protibiion and restitions on the location of industries ied tiecarlug oa cf peccaed aad Gperuient a dilleren ie @ the proceduresand safeguards forthe prevention of acids ‘which may cause environmental pollution and for providing for remedial measures for such accidents CHAPTER IN Prevention, Controt aNp An TRMENT OF ENVIRONMENTAL e PoL.unon poten No personcarrying on any industry, operation of process shall pee personcarrying on anyindustry, operation or process sha PPC aisetarge or emit or permit to be dkchanged ot emiled any Shuary emviroamental pollutant ia exces of such standards as may be Ger prescribed ave ouet so polo ora be tenem — @. No person sat nandié or cus o be nanan hazardous handling substance excep! in accordance with such procedure and after tee Complying wit such safeguards as may be prescribed meee ae cety “a on Get = pa THE ENVIRONMENT (PROTECTION) ACT, 1986 7 @ (1) Where the discharge 6f any environmental pollutant in Pernish exeest of ine prescribed standards occurs or is apprehended to ovcur sof dusto any accident or other unforeseen act or event, the person ion responsible for such discharged the personincharge of he placeat S28 Which such discharge occurs or is apprebeaded to occur shall be datarg Soumd to prevent or sutigate the enviconmental polation cased sees as a rowuit of such discharge and shall also forthwith: ~ ‘in cersain © inmate tne fact of such occurrence or apprebension of suck cearvence: and @ te board, if called upon, to render all assistance,-to such authorities or agencies as may be prescribed. @ on receipt of information with respect to the fect or apprebension of any occurrenes of the nature referred to in sub- Seon (1h, whether tough intimation under that sub-section or Chee Wine, ue authites rapes rete aban (1) Shall a caly as pocticable cause «ch QD (ob inte, at are necessary to prevent or milgaie the envrostoentl palltion. @ Tre expenses, if any, incurred byany authority or agency with, respect to the remedial measures referred to in sub. together (at such reasonable rate as the Government order, fix ‘may be recovered by such authority or agency from the person concemed as arrears of land revenue or of public demand GDC subject :0 the provisions of this section, -any person sxpovired by che, Cura Goverment Ini behalf shal have ¢ Gai ate al Tobe Mc eoioe S015, fas aalstuacn considers necessary. any place: — @ 6 the purpote of performing any of the fusictions of the Ceniral Government entrusted to him; }) for the purpose of determining whether and if so in what ‘manner, any such functious are Lo be performed or whether any provisions of this Act or the rules made thereunder or any notice, ordes. disection or authorisation served, made, given cor granted under this Act is being or has been complisd with; a THE ENVIRONMENT (PROTECTION) ACT, 1986 @ fo ve ot fay other ‘material odject or for conducting a search of any building whick 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 oF mitigate environmental pollution. ) Every pecsom carrying on any industry, operation or process mndling any hazardous substance shall be bound te render all assistance to the person empowered by the: Central Goverament vader sub-section (1) for carrying outt the functions under that sub- section and ifhe falls todo so without any reasonable cause or excuse, ‘he shall be @IIGfOFMBIeATERRS under this Act. @BDur any person witaly delays or obstructs any person exc- powered by the Ceatral Government under sub-scetion (1) in the Performante of his functions, he shall be guilty of an offence under this Act. rer @Pre provsion of hs CATT, in elation othe Slate of Jammu and Kashar or any ean Wai thar Cock trbela tte the ota! sfany saeyeudig ue Hl force in that State or area shall, so far as may be, apply to any search anagiet tinder ib aaiol eotier erate 6 a4) fee ae tmadender the authorty ofa warrent aed und AD ofthe tid Code ora the case may be under the corenponetng provision ofthe waa ew. Power to @ (1) The Central Government or any officer empowered by it take simple wer to take, for the purpose of analysis, ieee RMD ot ses oo couzection ‘Thé result of any analysis ofa sample taken under sub-section ‘herewith (1) shall not be admissibéc in evidence in any Iegal proceeding unless the provisions of the sub-sections (3) and (4) ate complied with, @ Subjec: 0 the provisions of sub-section (4), che person taking the sample under sub-section (1) shall — ‘Ae mVIRONMENY (PROTECTION) ACT, 1986 (@) rerve.on the vecupiee or his agent or person in charge of the place, # notice, then and there, ia such form as may be prescribed, of his intention to have it so analysed; (@) inthe presenze of the occupier or his agent or person, collect a sample for analysis, (©) cause the sample to be placed in « container ot containsrs which shal be marked and seeled and shall also be signed both by the person taking the sample and the oseupier or his agent or porsom, (@) send without delay, the comlainer or the containers to the lnboratary established or recognised hy the Central Govern- ‘ment under section 12. @ Wier o sample's taken for analysis under sub-section (2) and the person taking the sample serves on the occupier o> his agent or ‘person, a noties unider claue (2) of sub-section (3), then: — ne en septs Hinge he poron aking tee map sally Werrielo ani ioe placed a coutuner ot oma, which shall be marked and sealed and shall also be signed by, jie pena takag to eam ke @ in case wnere the occupier or his agent or person present at the time of taking the sample refuses to sign the marked end sealed container or containers of thesample asrequired under clause (c) of sub-section (3), the marked and sealed container orcontainers shall be signed by the person taking the samples, and the container or omg aia delay by the person aking the ample seabed or fk eon 12 abd sch peson shall inom the III ois cored ser sexion 13 ‘tng, about the wiM absence of the acupier or his agent cr [person, or, as the case may be, his refusal fo sign the container or containers, Ge) Te Central Government may, by notification in the Official Gazette: — @ “ablish one oF more environmental laboratories: Environ renal labora 10 ‘THE ENVIRONMENT (PROTECTION) ACT, 1986 @ cecognse ons oF more laboratories. of insures a6 en tiroamental laboratories to carey ou th Functions entrust torn envonmietal laboratory nde tis Act. (2) The Central Government may, by notification in the Official Gazette, make rules spesilying: (@) the functions of the eaviroamental laboratory; (b) the procedure for the submission to the suid laboratory of samples of air, water, soil or other substance for analysis or fests, the form of the laboratory report thereon and the fees payable for such report; (©) such other maitersas may be necessary or expedient to enable that laboratory to casry out its functions. cose GBBT Conve Goverment ayy nts nthe Oil soar” Gaze appoint scopes sev Ridhw. the prevetbed aualccton to te GSU for ts purtncofsnaih of samp ofa, wat slr onertiaes sent for analysis to any environmental laboratory established or recognised under subsection (1) of scetion 12 epoca at GMDAny document purporting to be @ report signed by a Goverament Goverriment analysi may be used as evidence of the facts stated its. herein if any proceeding under this Act, Penalty for GB. (1) Whoever fails to. comply with or contravenes any of the centaven- provisions of this Aci, or the sules mde or o-dersor directions issued sion of he thercunder, shall, in respect of each such failure or contravention, be povivers punishable with imprisonmen fed the w les, and in case the failure or contravention continues, witht orders acd ‘ectons. \or contravention referred to in sub-section (1) onteses by 2: ‘Whereany offence under this Acthas been committed by. ccompanics ery person who, at the time the offence was committed, FRR ENVIRONMENT (PROTECTION) ‘ACT, 1986 a was cirec QIN 0c was responibleto,chocompany fo the conduct

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