Brief On Environment Protection Act of India

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ENVIRONMENT

PROTECTION ACT
OF INDIA - 1986

Done by:
Mech 3rd Year ‘A’
K.S Dharun Eshwar
16BME040
Harish Chandar
16BME013
Assignment - 3
Subject: Industrial Safety Management

Handled by : Mr.M.Gideon Ganesh - Assistant Professor


PPT PRESENTATION ON
ENVIRONMENTAL PROTECTION ACT OF INDIA – 1986

Done By:
K.S. Dharun Eshwar – 16BME040
S.Harish Chandhar - 16BME013
(Department of Mechanical, Dr.
MCET)
WHY ?
•In the wake of the , Bhopal Tragedy the 
Government of India enacted the Environment Protection Act
of 1986 under Article 253 of the Constitution.

•This Act draws its inspiration from the ‘International


Conference on Human Environment held at Stockholm
(Sweden) in 1972.

•Passed in March 1986.

•Came into force on


19 November 1986.

•It has 26 sections.


PURPOSE
•This Act draws its inspiration from the
‘International Conference on Human
Environment held at Stockholm (Sweden)
in 1972.

•The purpose of the Act is to implement


the decisions of the 
United Nations Conference on the Human Environment.

•They relate to the protection and improvement of the human


environment and the prevention of hazards to human beings, other
living creatures, plants and property.
CHAPTER 1
Preliminary
1. Shot title, extend 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, by notification in the Official Gazette,
appoint and different dates may be appointed for different
provisions of this Act and for different areas.
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 property;

(b) “environment pollutant” means any solid, liquid or


gaseous substance present in such concentration as may be, or
tend to be, injurious to environmental;

(c) “environmental pollution” means the presence in the


environment of any environment pollutant;
(d) “handling”, in relation to any substance, means the manufacture,
processing, treatment, package, storage, transportation, use,
collection, destruction, conversation, 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 2
“CHAPTER 2” of the environment
protection act of 1986 is more about the
powers and authorisation of the central
government in taking decisions
independently.
SALIENT FEATURES OF CHAPTER 2
SECTION 3(1) : Subject to the provisions of the
act , the central government has the power to take
decisions and measures to implement the decisions
of the “UN Conference on the Human
Environment”.
SECTION 3(2) : The measures include;
a) Co-ordination of actions by state governments
and the concerned officers
b) The planning and execution of a Nationwide
programme for prevention , control and
abatement environmental pollution.
c) Laying down standards for emission from
various sources whatsoever.
CONTN..

d) Restriction of areas in which industries shall be


(or) shall not be carried out subject to certain
safeguards and limitations.
e) Laying down procedures and safeguards for
prevention of accidents and handling of
hazardous substances.
CONTN..
SECTION 4 (1) : Without any prejudice to the previous section , the
central government has the power to appoint officers with such
designations which will fit the purpose of this act and entrust them
with certain powers under the law.
SECTION 4(2) : The officer appointed under sub-section (1) shall
be subject to the general control and direction of the central
government.
CONTN..
SECTION 5 : Under this act, the central government has the power
to issue directions to any person in writing and such person must
comply with the orders of the central government.
ISSUING DIRECTIONS LIKE:
1) Closure and prohibition to operate of any industry.
2) Stoppage of supply of water, electricity , or any other
service.
CONTN..

SECTION 6: The central government has


the power to enact rules such as the
quality of air , water , soil and maximum
allowable limits of pollutants.
CHAPTER III
Prevention, control and Abatement of
Environmental Pollution

7. 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.

8. Persons handling hazardous substances to comply


with procedural safeguards –
9. Furnishing of information to authorities and agencies in
certain cases. –

Persons responsible are bound to mitigate environmental


pollution and also to intimate the
fact of any occurrence or apprehension of any occurrence to
govt. body.

10. Powers of entry and inspection –

This section enables Officers empowered by the Central


Government to enter and inspect any place for
the purpose of performing any functions entrusted under the
legislation.
11. Power to take sample and procedure to be followed
in connection therewith –

Section 11 deals with the power of the Central Government and


its officers to take samples of air, water,
soil or substances and the procedure for taking of such samples.

12. Environmental laboratories –

Section 12 empowers the Central Government to establish


environmental laboratories or recognize any
laboratory or institute as an environmental laboratory.
13. Government Analysts –

To be appointed or recognized by Central Government to


analyze the samples.

14. Reports of Government Analysts –

Are to to be taken as evidence.

15. Penalty for contravention of the provisions of the Act


and the rules, orders and directions. –

The punishment provided for the first offence may extend to


five years imprisonment or fine of one lakh rupees or both.
16. Offences by companies –

Section 16 fixes criminal liability also on the directors and


principal officers of a company where an
offence is committed by a company.

17. Offences by Government Departments –

Section 17 fixes criminal liability also on the heads of the


Department of Government where an offence is
committed
CHAPTER 4

“CHAPTER 4 “ of the environmental


protection act is about the
miscellaneous powers to safeguard the
act and the decisions taken under the
act.
SALIENT FEATURES OF CHAPTER 4
SECTION 18: No suit, prosecution or any other
legal proceeding against the government or officer
concerned who or which acted under this act in
good faith of protecting environment.
SECTION 19: “COGNIZANCE OF OFFENCES”
No court shall take cognizance of
any offence under this act , except on complaint
made by;
1) The central government or the officer
concerned.
2) Any person who has given notice of
not atleast less than sixty days of the alleged
offence and of his intention to make a comnplaint.
CONTN..

SECTION 20: The central government , in relation to its


functions under this act , from time to time shall ask for
statistics or reports or returns to the concerned officer or
respective state government and the concerned people or
government must abide by it and furnish the details
required.
SECTION 22: No civil court shall have jurisdiction to
entertain any suit or proceeding against central government
or officer concerned who acted under this act.
CONTN..

SECTION 26: The rules made under this act


must get the approval of the “both houses of
parliament” before sending it to the
“PRESIDENT OF INDIA” for final approval.
THANK
YOU

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