ENVIRONMENT PROTECTION ACT 1986

Synopsis
● Introduction
● Aims and Objectives
● Scope and Application ( Section 1)
● Definitions in Section 2
● General Powers of Central Government ( Section 3 to 6)
● Prevention( Section 7 to 9)
● Control ( Section 10 to 14)
● Abatement ( Section 15 to 17)
● Miscellaneous ( Section 18 to 26)

Introduction

● India’s original Constitution did not contain any provision for the protection of the natural
environment.

● However, the Fundamental Duties, which were added by the 42nd Amendment to the
Constitution, prescribed the protection of the environment including forests, lakes, rivers and
wildlife as a duty of the citizens of the country.

● This amendment also added new Directive Principles of State Policy, one of which was
Article 48A, which directed the State to protect and improve the environment and to
safeguard forests and wildlife.

● These developments were a result of the United Nations Conference on Human

Environment, held in Stockholm in 1972.

First, the Wildlife Protection Act, 1972 was enacted. Then, the Water (Prevention and
Control of Pollution) Act, 1974 was passed, followed by the Air (Prevention and Control of
Pollution) Act 1981.

● Then in 1986, the Environment Protection Act was passed by the Parliament, in the
wake of the Bhopal Gas Tragedy, which occurred on Dec 2, 1984.

● The Act was passed on 23rd May, 1986 and came into force on 19 November 1986.
It has 26 sections and 4 chapters.

● The Act is one of the most comprehensive legislations with an aim to protect and improve
the environment.
● The Environment protection Act 1986 was passed under the provisions of Article 253 of
the Constitution for implementing the decisions of the United Nations Conference on human
environment which was held at Stockholm in June 1972.

● The Act was enacted out of the felt need for a general legislation to fill in the gaps left in
the areas of major environmental hazards.

● The responsibility to protect and preserve the environment and implement the provisions
of the act is entrusted in our country to the Ministry of Forest and Environment.

Aims and Objectives of the EPA

The aims and objectives of the Environment Protection Act, 1986 are-

1. Implementing the decisions made at the United Nations Conference on Human

Environment held in Stockholm.

2. Creation of a government authority to regulate industry that can issue direct orders
including closure orders.

3. Coordinating activities of different agencies that are operating under the existing
laws.

4. Enacting regular laws for the protection of the environment.

5. Imposing punishments and penalties on those who endanger the environment, safety
and health.

6. Engaging in the sustainable development of the environment.

7. Attaining protection of the right to life under Article 21 of the Constitution.

Scope and Application of the Act

The Environment protection Act 1986 extends to the Whole of India that empower the
Central Government to appoint different dates for different provisions of the Act and for
different areas.

Definitions

Section 2 of the act defines various expressions which have been used under the act-
(a). Environment

According to Section 2(a) Environment includes water, air and land and the inter relationship
which exist among and between water, air, land and human beings, other living creatures,
plants, microorganism and property.

Environment is the sum total of all conditions and influences that affect the development in
life of all organs.

The definition under section 2(a) is wide enough as it is inclusive in nature.

Case:- Hospital Mazdoor Sabha AIR1960

In this case it was held that the definition is inclusive. It is to be interpreted in broad and not
in a narrow sense. The word "include" may be taken in the sense of "means".

(b). Environmental Pollutant

Environmental pollutant means any solid, liquid or gaseous substance present in such
concentration as maybe or tends to be injurious to the environment.

The substances making the environment injurious are termed as environmental Pollutants
such as toxic substances, street film etc.

(c). Environmental Pollution

Environmental pollution means the presence in the environment of any environmental
pollutant.

(d). Handling
Handling in relation to any substance means the manufacture, processing, treatment,
package, storage, transportation, use, collection, destruction, conversion, transfer or any
other activity in relation to such substance.

(e) Hazardous Substance

Hazardous substance means any substance which by reason of its chemical or physio-
chemical properties or handling is liable to cause harm to human beings, other living
creatures, plants, microorganisms, property or the environment.

The substance need not itself be harmful.

If the effect caused by it is harmful,
It is a hazardous substance.
(f) Occupier
Occupier in relation to any factory or premises, means a person who has control over the
affairs of the factory or premises.
And includes in relation to any substance, the person in possession of the substances.

(g) Prescribed
Prescribed means prescribed by the rules made under this act i.e. Environment Protection
Act 1986.

General Powers of Central Government

Concentration of powers in the hands of the Central government is the main feature of the
environment act.
● Section 3:- Power to take measures to protect and improve Environment
● Section 4:- Appointment of officers
● Section 5:- Power to give directions
● Section 6:- Power to regulate environmental pollution

Powers of Central Government to take measures to protect and

improve environment

Section 3

● Section 3(1) says that the Central Government shall have the power to take all such
measures as it deems necessary for the purpose of protecting and improving the quality of
the environment and for preventing, controlling and abating the environmental pollution.

● Section 3(2) provides that the measures taken by the central government includes the
measures related to following matters-

(i) coordination of actions by the State Governments, officers and other

authorities under this act or any other law for time being in force.

(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
# Provided that different standards for emission or discharge may be laid
down 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 for the purpose of
securing the effective implementation of the provisions of this Act.

● Section 3(3) empowers Central Government to constitute authorities for the purpose of
exercising or performing powers and functions including-
Powers to issue directions and
power for taking measures as mentioned above.
(Subject to the supervision and control of Central Government)

CASE- M.C.Mehta V. Union of India

(AIR 1992)
In this case in order to achieve the objectives of section 3(2) of EPA, Supreme Court
passed orders giving direction to all cinema halls for exhibition of slides containing
information and messages on environment, free of cost, spread of valuable information
related to environment in National and regional languages to television and All India Radio in
regular and short term programs.
It also desired that Environment should be made as a compulsory subject in school and
colleges.

CASE- Vellore Citizens Welfare Forum

V. Union of India (AIR 1996)
In this case the tanneries were found discharging intricate effluents into agriculture fields,
roads, waterways and open lands which ultimately discharged in the rivers which was the
main source of water supply to the residents of areas.
In such a situation the court issued directions for maintaining standards stipulated by the
pollution control board.
The court further directed the High Court of the state to constitute a special bench called
"Green Bench" to deal with the case and other environmental matters.

● The Supreme Court in several cases has directed the central government to constitute
authority as laid down in section 3(3) for example in this Vellore Citizens case.

Appointment of Officers

Section 4
The Central Government may appoint officers with such designations as it thinks fit and may
entrust to them such powers and functions as it deems fit.

The officers appointed shall be subject to the control and direction of the Central
Government and also under the control of authorities so constituted by the Central
Government under Section 3(3).

Power to give directions

Section 5
The central government may issue directions in writing to any person or authority or officers.
And such person, officer or authority shall be bound to comply with such directions.

Central government may direct for-

● closure, prohibition or regulation of anger industry, operation or process
● stoppage or regulation of supply of electricity or water or any other service.
Rules to regulate Environmental Pollution

Section 6
Central government is empowered to make rules for any of the following matters-

(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 restriction on the location of industries and the carrying on process
and operations in different areas

(f) the procedures and safeguards for the prevention of accidents which may cause
environmental pollution and for providing remedial measures for such accidents.

Prevention, Control and Abatement of Environmental

Pollution
Chapter 3 of this act from section 7 to 17 contain provisions relating to prevention, control
and abatement of environmental pollution.

Prevention
Section 7 to 9 of EPA deals with the provisions of prevention.

1. SECTION 7
No person carrying any industry operation or process shall be allowed to discharge or emit
any environmental pollutant in excess of such standard as may be prescribed.
[ Standards as provided in Schedule I of Rule3 of EPA]

2. Section 8
No person shall handle any hazardous substance except in accordance with such
procedures and after complying with such safeguards as may be prescribed.

3. Section 9
(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
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the person responsible for such discharge and the person in charge of the place at which
such discharge occurs or is apprehended to occur
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shall be bound to prevent or reduce the environmental pollution caused as a result of such
discharge and shall also-

(a) intimate the fact of such occurrence or apprehension of such occurrence; and

(b) be bound 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
|_ the authorities or agencies 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 may be recovered by
such authority or agency
|_from the person who caused the pollution as arrears of land revenue or of public
demand.

In the case of M.C.Mehta V. Union of India Air 1988

For preventing the Environmental Pollution, Supreme Court laid down the guidelines as-

● New industries should be given permission to operate only after ensuring that they
possess effluent treatment plants
● corpses or half cremated should not be thrown into the river
● provisions should be made for public latrine, open land should not be used for
discharging filth

Control
Section 10 to 14 of EPA deals with the provisions relating to control-

1. Section 10
Power to enter and Inspect

S.10(1) provides that 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 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 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 reason 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.

S.10(2) Every person carrying on any industry, operation or process of handling any
hazardous substance shall be bound to render all assistance
|_to the person empowered by the Central Government for carrying out the functions
|_ and if he fails to do so without any reasonable cause or excuse, he shall be guilty of an
offence under this Act.

S.10(3) If any person willfully delays or obstructs any persons 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.

S.10(4) The provisions of section 94 of Criminal Procedure Code 1973 shall apply in relation
to search and Seizure.

2. Section 11
Power to take Samples

S.11(1) The central government or any officer empowered by it shall have power to take
samples of air, water, soil or the substance from any factory, premises or other place in such
manner as prescribed for its analysis.

S.11(2) The result of the analysis of sample taken shall not be admissible in evidence in any
legal proceeding if it does not comply the following requirements-

(a). serve a notice to the occupier or his agent or person in charge of the place, 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 to the laboratory established or recognised by
the Central Government.

3. Section 12
Environmental Laboratories

For the purposes of carrying out analysis of samples, the central government may by
notification in 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

4. 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
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Government Analysts for the purpose of analysis of samples of air, water, soil or other
substance sent for analysis to any environmental laboratory

5. Section 14
REPORTS OF GOVERNMENT ANALYSTS

After completing the analysis, the government analyst will send his report to the government.
Such a document signed by a Government analyst may be used as evidence of the facts
stated therein in any proceeding under this Act.

Abatement
Section 15 to 17 of EPA deals with the provisions of abatement of pollution of the
environment.

1. Section 15
Penalty for contravention of provisions of the Act and rules, orders and directions

Whoever fails to comply with or contravene any of the provisions of this act or the rules
made or orders or directions issued under the act
|_ shall in respect of such failure or contravention be punishable with imprisonment for a
term which may extend upto 5 years or with fine which may extend upto 1,00,000 rupees or
with both

|_ and in case the failure or contravention continues, then there will be the additional fine
which may extend upto 5000 Rs. for everyday

|_ if however the failure or contravention continues beyond the period of 1 year after the
date of conviction, then the offender shall be punishable with imprisonment for a term which
may extend up to 7 years.

2. Section 16
Offences by Companies

Where any offence is committed by any company under this act

|_every person who at the time of the offence committed, was directly incharge or was
responsible to the company for the conduct of the business of company
|_ shall be deemed to be guilty of the offence and shall be liable for punishment

● However if such person proves that the offence was committed without his knowledge or
that he exercised all due diligence to prevent the commission of such offence, then he shall
not be punishable.

● Also where an offence is committed by a company and it is proved that the offence has
been committed with the consent or due to any neglect on the part of any director, manager,
secretary or other officer
|_ then such person shall also be deemed to be guilty of the offence and shall be liable for
punishment.

3. Section 17
Offences by Government Department

Where an offence 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 for punishment.

● However he would not be punishable if he proved that the offence was committed without
his knowledge or he exercised all due diligence to prevent the commission of such offence.

● Where the commission of the offence was due to the neglect or with the consent of any
officer other than the head of the department
|_such officer shall also be deemed to be guilty of the offence and shall be liable for
punishment.
Miscellaneous
Chapter 4 comprising section 18 to 26 deals with the miscellaneous matters.

Section 18
Protection of Action taken in good faith
The following persons are protected-
1. the government
2. any officer or employee of the government 3. any authority constituted under this act
4. any member, officer or other employee of the authority so constituted

if the act is done or intended to be done by them-

● In good faith &
● In pursuance of this act or the rules made or directions issued or orders given under
this act

Section 19
Cognizance of Offences
No code shall take cognizance of any offence under these act except on complaint made by-
● Central Government or any authority or officer authorised in their behalf

● any person who has given notice of not less than 60 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.

Section 20
Information, Reports or Returns
Central Government may in relation to its functions, require-
|_ any person, officers, State government or other authority to furnish to it
|_any reports, returns, statistics, accounts and other information
& they shall be bound to do so.

Section 21
Members officers employees of the authority constituted to be public servants
All the members or officers of the authority constituted under section 3 when acting under
the provisions of this act or the rules made or orders or directions issued
|_ shall be deemed to be Public Servants within the meaning of Section 21 of
Indian penal code.

Section 22
Bar of Jurisdiction
No civil court shall have the jurisdiction to entertain any suit of proceeding
|_ in respect of anything done, action taken or direction or order issued
|_ by Central Government or any authority or officers under this act.

Section 23
Power to delegate
Central Government may by notification in official Gazette, delegate its powers and functions
under the act as it may deem necessary to any officer, State government or other authority
● Except the power to constitute in Authority under section 3(3) and to make rules under
section 25.

Section 25
Power to make rules
Central government is empowered to make rules for carrying out the purposes of this act-

1. The standards in excess of which environmental pollutants shall not be discharged or

emitted
2. The procedure in accordance with and the safeguards in compliance with which
hazardous substances shall be handled
3. The authorities or Agencies to which intimation of the fact of occurrence or
apprehension of occurrence of discharge of any environmental pollutant in excess of
prescribed standards shall be given
4. The manner in which samples of air, water, soil or other substance for the purpose of
analysis shall be taken
5. The form in which notice of intention to have a sample analysed shall be served
6. Functions of environmental Laboratories, the procedure for submission to such
Laboratories of samples for test or analysis, the form of laboratory report, the fees
payable for such report and other matters of Laboratories
7. The qualifications of Government Analyst appointed for the purpose of analysis of
sample
8. The manner in which notice of offence and of the intention to make a Complaint to
Centre Government shall be given
9. The authority to whom any report, returns, statistics accounts or other information
shall be furnished
10. Any other matters which are required to be prescribed.

Section 26
Rules made under this Act to be laid before Parliament
Rules made under section 25 shall be laid before each House of Parliament while it is in
session for a total period of 30 days which may be comprised in one session or in two or
more successive sessions
|_ then both the houses agree either in making any modification in the rule or that the rule
should not be made
|_ thereafter the rule either takes into effect in such Modified form or be of no effect as the
case may be.