THE ENVIRONMENT PROTECTION ACT 1986

Ministry of Environment, Forest and Climate Change

CHAPTER I

PRELIMINARY

SECTION 1. SHORT TITLE, EXTENT AND COMMENCEMENT.

(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 date as the Central Government may,
1

by notification in the Official Gazette, appoint and different dates may be

appointed for different provisions of this Act and for different areas.

SECTION 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.

CHAPTER II

GENERAL POWERS OF THE CENTRAL GOVERNMENT

SECTION 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.

SECTION 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.

SECTION 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

SECTION 5A. APPEAL TO NATIONAL GREEN TRIBUNAL.

[ 5A. Appeal to National Green Tribunal.—Any person aggrieved by any

directions issues under section 5, on or after the commencement of the
National Green Tribunal Act, 2010, may file an appeal to the National
Green Tribunal established under section 3 of the National Green Tribunal
Act, 2010, in accordance with the provisions of that Act.]

SECTION 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.

CHAPTER III

PREVENTION, CONTROL AND ABATEMENT OF

ENVIRONMENTAL POLLUCTION

SECTION 7. PERSONS CARRYING ON INDUSTRY, OPERATIONS,

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 or such standards as may be prescribed.

SECTION 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.

SECTION 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.

SECTION 10. POWERS 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 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, 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 wilfully 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 provision of the said law.

SECTION 11. POWER TO TAKE SAMPLE AND PROCEDURE TO BE

FOLLOWED IN CONNECTION THEREWITH.

(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 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 (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 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

(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 recognised
under section 12 and such person shall inform the Government Analyst
appointed or recognised under section 13 in writing, about the wilful
absence of the occupier or his agent or person, or, as the case may be, his
refusal to sign the container or containers.

SECTION 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 and 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.

SECTION 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
samples of air, water, soil or other substance sent for analysis to any
environmental laboratory established or recognised under sub-
section (1) of section 12.

SECTION 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.

SECTION 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.

SECTION 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 provided 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; and

(b) "director", in relation to a firm, means a partner in the firm.

SECTION 17. OFFENCES BY GOVERNMENT DEPARTMENTS.

(1) Where an offence under this Act has been committed by any
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.

CHAPTER IV

MISCELLANEOUS

SECTION 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.

SECTION 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 authorised 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 authorised
as aforesaid.

SECTION 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.
SECTION 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 (45 of 1860).

SECTION 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 other authority or officer in pursuance of any
power conferred by or in relation to its or his functions under this Act.

SECTION 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.

SECTION 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.

SECTION 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 cause 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 analysed 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 recognised 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.

SECTION 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 Houses
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.