The Environmental (Protection) Act,

1986
Powers and Functions of Central
Government
By: Manan Dardi
Email id: manan.dardi@vips.edu
Central Government’s Powers to take
Measures for Protection and
Improvement of Environment [Section 3]

• Section 3(1) empowers the central government to take all such measures as it

“deems necessary” or “expedient” for the purpose of protection and

improvement of (I) quality of environment, and (II) prevent, control, abate the

environmental pollution.
Cont…

• In M.C. Mehta v. UOI, [(1998) 2 SCC 435], the Supreme Court pursuant
to Clause (1) and (3) of the Environment (Protection) Act, 1986
constituted an authority for National Capital Region for traffic safety laws
and vehicular pollution under the chairmanship of Shri Bhure Laal.
Cont…

• Section 3 of the Environment (Protection) Act, 1986 empowers the Central Government

to take necessary measures for protection and improvement in the quality of

environment and to prevent it from degradation. Such measures may relate to any or all

of the following matters:—

(i)coordinating the actions of various State Governments, officers and authorities under

this Act or rules made thereunder or under any other law concerning environmental

pollution;
Cont…

(ii)planning and execution of a nation-wide prevention, control and abatement of

environmental pollution;

In M.C. Mehta v. UOI, (1992) 1 SCC 358, the Supreme Court of India directed the

Central Government to take adequate measures to make people aware about the

protection of the environment; keeping the citizens informed, said the SC, is an

obligation of the government.

Cont…

(iii)laying down standards for the quantity of environment;

The term “quality of environment” was emphasised in V. Lakshmipathy

v. State of Karnataka, AIR 1992 Kant 57.

Cont…

• (iv)laying down standards for emission or discharge of environmental pollutants (different

standards may be laid down for different source of emission or discharge);

In M.C. Mehta v. UOI (Ganga Pollution Case), (1988) 1 SCC 471, the SC, while dealing with the
water pollution, of river Ganga, observed:

Pollution of the water in the river Ganga is of the highest degree at Kanpur. Court also based its
decision on the finding of scientific reports which showed that pollutants in the river ganga were
higher than the permissible limits discharge. On the basis of this, various directions were given to
the Mahanagarpalika of Kanpur City.
Cont…
(v)restricting carrying on of industries, operations or processes in certain areas or permitting
them to be carried out subject to certain conditions and safeguards;

In M.C. Mehta v. UOI, (2009) 6 SCC 142, the court declared that extraordinary situation
demands extraordinary remedies. Since vast devastation has been caused by indiscriminate
mining in Aravali Hill range, complete ban is the need of time. The ban was justified in
view of the severe degradation of land and ecology of the area. Further, focus of the court
should not be on individual cases, but it should take macro view of the situation.
Cont…
(vi) Laying down procedures and safeguards for the prevention of accidents which
may cause environmental pollution and remedial measures for such accident.

It authorises the government-

• To provide “preventive measures”, and

• To check the environmental pollution and procedure and safeguards for the
prevention of accidents
Cont…
(vii) laying down procedures and safeguards for the handling of hazardous substances;

(viii)examining 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 premises, plants, equipment, machinery, manufacturing units, materials and

substances and giving orders/directions for the prevention, control and abatement of
environmental pollution;
Cont…

(xi)establishment and recognition of environmental laboratories and institutes to carry out

functions entrusted to them under the 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 others matters as the Central Government deems necessary or expedient for the’
purpose of securing effective implementation of the provisions of the Act.
Cont…

• The Central Government may constitute an ‘Authority’ or

‘Authorities’ under Section 3(3) of the Act to exercise powers and
perform the functions stated above and may also appoint officers to
exercise powers and functions under the Act.
Cases

• It was on the directions issued by the Supreme Court in M.C. Mehta

vs. Union of India, (1998) 2 SCC 435  that the Central Government
constituted an Authority for the National Capital Region for traffic
safety laws and prevention of vehicular and automobile pollution
under Section 3(3) of the Environment (Protection) Act, 1986.
Cont…

• In pursuance of judgment of SC in Indian Council for Enviro-Legal Action

v. UOI, the central government constituted “ an authority to be known as
Maharashtra Coastal Zone Management Authority”. This Authority was
empowered to take certain steps to protect and improve the quality of
coastal environment and to prevent, abate, and control environmental
pollution in the coastal areas of the State, including enquiry into the cases
of violation of the provisions of the EP Act.
Cont…

• In S. Jagannath v. UOI, (1997) 2 SCC 87, the SC also directed the

Central Government to constitute “an authority” under Section 3(3)
and confer all powers necessary to protect the ecologically fragile
coastal areas, sea shore, waterfront and other coastal areas, especially
to deal with situation created by shrimp culture industry in those areas.
THANK YOU
Power to appoint Officer

• Section 4 has conferred on the Central Government the power to

appoint Officers for the purpose of entrusting on them such of the
powers and functions prescribed under the EP Act.
Power to Order Closure(Section 5)

• The central government in the exercise of powers designated by the Act can issue the directions in
writing to any of the person or any officer. They shall be bound to comply with these given
directions.

• The powers to issue directions will include the power to direct which are as follows:

(i) The direction of closure, prohibition or the regulation of any industry and its operational process.

(ii)direction for the stoppage or regulation of the supply of electricity, including any other services.

• However, the Central Government may delegate this power of issuing directions to any authority
constituted under Section 3(3) for this purpose. [Enviro-Legal Action v. Union of India, (1996) 3
SCC 212 (247).]
 Case

• M.P. Rambabu vs. District Forest Officer, AIR 2002 AP 265, the High Court of
Andhra Pradesh held that use of agricultural land for prawn (shrimp) culture and use
of underground water for such purposes was adversely affecting the rights of
neighbours, because the water had turned saline due to pollutants and also had badly
affected the supply of potable water and fertility of land. Under these circumstances,
the directions of the State Government and action by District Forest Officer to close
the shrimp farm was valid and there was no merit in the petitioner’s case.
Cont…

• In Mahabir Soap & Gudakhu Factory vs. Union of India, (AIR 1995 Ori 218), the untreated discharge
effluents from the petitioner’s factory was polluting the water reservoir in the residential locality. Therefore,
the Government of India issued directions for the closure of the factory and further directed the authorities
to disconnect electricity and water supply to the factory. The petitioner challenged the action of the
Government on the ground that he was not offered an opportunity of being heard before issue of such
directions.

• Dismissing the petition, the Court found no reason to interfere as there was no violation of any provision of
the Environment (Protection) Act and the Central Government had the power to issue directions for closure
and stoppage of essential supplies such as electricity and water under Section 5 of the Act.
Power to make Rules

Section 6 has empowered the Central Government to make rules relating to:

(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;
Cont…

(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.
Power to enter and search

• Section 10 has conferred powers on the Central Government and persons empowered by the Central
Government t enter any place for the purpose of:

1. performing any of the functions of the Central Government entrusted to him;

2.  for the purpose of determining whether the provisions of the EP Act, the EP rules are any notice,
order, direction made under this Act has been complied with;

3. 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 and for seizing
any such equipment, industrial plant, record, register, document or other material object
Cont…

• Section 10 further provides that the search and seizure shall be made
only in accordance with the procedure prescribed under the code of
Criminal Procedure 1973.
Power to take samples
• Section 11 of the Act has conferred on 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.

• Section 11 also prescribes the procedure for taking samples. The officer empowered to take samples shall:

1. Serve a notice of his intention to collect samples and to analyse it in the prescribed form on the
occupier or his agent or person in charge of the place;

2. Collect the sample for analysis in the presence of the occupier or his agent or person in charge of the
place;
Cont…

3. 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 in charge of the
place;

4. send without delay, the container or the containers to the laboratory

established or recognized by the Central Government
THANK YOU