Environmental (Protection) Act, 1986

Introduction
• India’s original constitution did not contain any provision for the protection of environment.
• EPA enacted in 1986 with the objective of providing the protection and improvement of the environment
• It is an umbrella act that cover all air, water, noise.
• Empowers the central govt to establish authorities charged with the mandates of preventing environmental
problems that are peculiar to different parts of the country.
• Our judiciary has outlined in several judgments that Art 21, which guarantees the right to life and dignity, also
encompasses the right to live in a healthy and safe environment. In the case of Sukhaas Kumar v. State of Bihar
1991, it was observed that the right to get pollution-free water and air is a fundamental right under Article 21.
• Constitutional Provisions:
1. The EPA Act was enacted under Art 253 of the Indian Constitution which provides for the enactment of legislation for giving
effect to international agreements.
2. Art 48A of the Constitution specifies that the State shall endeavour to protect and improve the environment and to safeguard the
forests and wildlife of the country.
3. Art 51A further provides that every citizen shall protect the environment. Fundamental Duties (51A) prescribed that it is ‘the
duty of the citizen to protect the environment which includes lakes, wild life, forests, rivers
.
EPA 1986- Background
• Roots lie in the UN Conference on the Human Environment held in
Stockholm 1972. India is one of the participants, to take appropriate

steps for the improvement of the human environment.

• Following the Bhopal tragedy, the Indian government adopted the

Environment (Protection) Act, 1986 (EPA) under Article 253 of

the constitution
Main Aims and Objectives of the EPA of 1986

1. Implementing the decisions taken at the United Nations Conference on the Human Environment in
Stockholm.
2. The establishment of a government authority to control industry that can issue direct instructions, including
closure orders.
3. Coordinating the work of many authorities that operate under existing legislation.
4. Enacting regular environmental laws.
5. Punishing and penalizing people who damage the environment, safety, or health. For each failure or
infraction, the punishment might be up to five years in prison, a fine of up to Rs. 1 lakh, or both. This can be
extended for up to seven years in certain instances.
6. Participating in the Sustainable Development of the environment

7. Attaining protection for the right of life u/art 21 of the Const.

Salient Features of the EPA Act

1. Powers of the Central Government: 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 in coordination with the State Governments.
2. Restriction on Pollutant Discharge: No individual or organisation shall discharge/emit or permit to
discharge/emit any environmental pollutant in excess of the prescribed standards.
3. Compliance with Procedural Safeguards: No individual shall handle or shall be caused to handle any
hazardous substance except in accordance with the procedure and without complying with the safeguards,
as prescribed.
4. Powers of Entry and Inspection: Any person empowered by the Central Government shall have a right to
enter (with the assistance deemed necessary) at any place:

• For the inspection of compliance of any orders, notifications and directions given under the Act.
• For the purpose of examining (and if required seizing) any equipment, industrial plant, record, register,
document or any other material object may furnish evidence of the commission of an offence punishable
under this Act.
5. Establishment of Environmental Laboratories: The Central Government, as per the Act, is entitled to a)
Establish environmental laboratories; b) Recognise any laboratory or institute as environmental
laboratories to carry out the functions entrusted to such a laboratory and c) The Central Government is
also entitled to make rules specifying the functions of environmental laboratories.
Conti…
6. Appointment of Government Analyst: A Government Analyst is appointed by the Central Government for the analysing

the samples of air, water, soil or other substance sent to a recognised environmental laboratory.

7. Penalties for Offences: Non-compliance or Contravention to any of the provisions of the Act is considered as an

offence.Any offences under the EPA are punishable with the imprisonment of upto five years or a fine upto one lakh rupees

or both.

8. Offences by Companies: If an offence under this Act is committed by a company, every person directly in charge of the

company, at the time of the commitment of offence, is deemed to be guilty unless proven otherwise.

9. Offences by Government Departments: If an offence under this Act has been committed by any Department of

Government, the Head of the Department (HoD) shall be deemed to be guilty of the offence unless proven otherwise. Any

officer, other than HoD, if proven guilty, shall also be liable to be proceeded against and punished accordingly.

9. Cognizance of offences: No Court shall take cognizance of any offence under this Act except on a complaint made by: 1)

The Central Government or any authority on behalf of the former; or 2)A perso n who has approached the Courts after a 60-

day notice has been furnished to the Central Government or the authority on its behalf.
Section 2 of EPA-Definition

1. Environment- (2a) Environment has been defined to include air, water, and land, and the inter-relationship
among and between air, water, land and human beings, other living creatures, microorganisms, plants and
property.
2. Environment pollutant (2b) A pollutant is any substance in a solid, liquid, or gaseous state, which when present
in a certain concentration can be injurious to the environment.
3. Environment pollution (2c)– The presence of an environmental pollutant in the environment is called
environment pollution.
4. Handling-(2d) Handling, in respect of any substance, is deemed to imply its “manufacture, processing, treatment,
package, storage, transportation, use, collection, destruction, conversion, offering for sale or its transfer.”
5. Hazardous substance (2e)– It refers to any substance or preparation which can cause harm to humans, plants,
other living creatures, property, or the environment due to its chemical or physico-chemical properties or
handling.
6. Occupier (2f)- In respect of any factory or premises, it refers to the person who is in control over the affairs of
the factory or premises, and in respect of any substance, it refers to the person who is in possession of that
substance.
Powers and functions of the Central Government

• Section 3- Powers of the Central Government to take measures to protect and improve the environment
• Section 4- Power to appoint officers
• Section 5- Power to give directions
• Section 6- Power to lay down rules to regulate environmental pollution
• Section 10- Power of entry and inspection
• Section 11- Power to take sample and procedure to be followed
• Section 20- Power to ask for information, reports, or returns
• Section 23- Power to delegate
• Section 25- Power to make rules
Section 3- Powers of the Central Government to take measures to protect and improve the environment

I. To coordinate actions among state governments, officers, and other authorities.

II. To plan and execute nationwide programs.
III. To lay down standards for the quality of different aspects of the environment.
IV. To lay down the standards for emission or discharge of pollutants.
V. To restrict the operation of certain industries, processes, or operations in specific areas.
VI. To lay down procedures and safeguards for the prevention of pollution-causing accidents and take remedial measures.
VII. To lay down procedures and safeguards for the handling of hazardous substances.
VIII. To examine the manufacturing processes, materials, and substances that are capable of causing pollution.
IX. To carry out and sponsor investigations and research on the issues related to pollution.
X. To inspect the premises, plant, equipment, machinery, manufacturing, or other processes, materials, or substances.
XI. To establish or recognize environmental laboratories and institutes.
XII. To collect and disseminate information on pollution matters.
XIII. To prepare codes, manuals, or guides related to the prevention, control, and abatement of environmental pollution.
XIV. Such other matters as the government deems necessary or expedient.
The Central Government is also authorized to constitute such authority/authorities to exercise and perform such powers and
functions as the government may delegate to it.
Section 4- Power to appoint officers
&
Section 5- Power to give directions

• Powers to appoint Officers and their functions – It authorizes the Central Government to appoint
officers with such designations, powers, and functions as it thinks fit. The officers appointed shall

be under the control and direction of the government or any authority empowered by it.

• Power to give directions- The Central Government has the power to issue directions in writing to
any person, officer, or any authority, which shall be binding on such person, officer, or

authority. These directions could be related to matters as follows:

1) To close, prohibit, or regulate any industry, operation, or process; or

2) To stop or regulate the supply of electricity, water, or any other service

Section 6- Power to lay down rules to regulate environmental pollution

• The Central Government has also been authorized to frame rules on the matters
mentioned in Section 3 of this Act. Some of these matters include:
i. The standards of quality of air, water, or soil.
ii. The maximum allowable limits of environmental pollutants (including noise).
iii. The procedures and safeguards for the handling of hazardous substances.
iv. The prohibition and restrictions on the handling of hazardous substances.
v. The prohibition and restrictions on the location of industries, operations, and
processes.
vi. The procedures and safeguards for the prevention of accidents likely to cause
pollution and provide for remedial measures for such accidents.
Section 10- Power of entry and inspection

• Any person authorized by the Central Government has the right to enter any place, at reasonable times with some
assistance for the following purposes:
I. To perform any function entrusted by the Government,
II. To determine whether and how such functions are to be performed, or whether the provisions of this Act, rules
made under any notice, order, direction, or authorization granted has been complied with,
III. To examine and test any equipment, industrial plant, record, register, document, or any other material object.
IV. To conduct a search in my building where there is reason to believe that an offence under the Act has been
committed.
V. To seize any such equipment, industrial plant, record, register, document, or other material objects if there is
reason to believe that it would serve as evidence for the offence committed or that the seizure is necessary to
mitigate the pollution.
Also, any person carrying on such industry, process, or operation which involves handling of hazardous substances
must render all the assistance required to the person empowered by the Central Government for inspection. Failure to
assist without any reasonable cause, or willfully delays or obstructs that person shall be guilty of an offence under
this Act. Also, for such search and seizure, provisions of the CrPC, 1973 or any corresponding law in force shall be
applicable.
Section 11- Power to take sample and procedure to be followed

Sec 11 empowers the State Government or any officer authorized by it to take samples of air,
water, soil, or other substances from the premises of any factory.
• The procedure prescribed for sample taking is as follows:
1) The person taking the sample must serve a notice of his intention to take the sample to the
person in charge of the place.
2) The sample must be taken in the presence of the person in charge or his agent.
3) The sample must be placed in a container or containers, which shall be marked and sealed.
Thereafter, it shall be signed by both the person taking the sample and the person in charge
or his agent.
4) The container then must be sent to the laboratory established under Section 12.
5) In case the person in charge or his agent willfully absents himself or refuses to sign the
containers, the containers must be sealed, marked, and signed by the person taking the
sample and must be sent to the laboratory. The government analyst must be informed in
writing about the willful absence or refusal to sign.
Any analysis taken without following the procedure prescribed would not be admissible as valid
evidence in any legal proceedings.
Section 20- Power to ask for information, reports, or returns
& Section 23- Power to delegate

• Power to ask for information, reports, or returns ---To perform its functions
under the Act, the Central Government has the power to ask for any reports,

returns, statistics, accounts, and other information from any person, officer, state

government, or any authority, which shall be bound to do so.

• Power to delegate ----The Central Government is also authorized to delegate its

powers under the Act, except the power to appoint authorities u/s 3(3) and to

make rules u/s 25, to any officer, state government, or other authority. However,

such delegation shall be subject to the requisite limitations and conditions, as may

be specified in the notification in the Official Gazette.

Section 25- Power to make rules

To carry out the purposes of this Act, the central government may frame rules on the following
matters:
1) The standards of environmental pollutants, beyond which the emission or discharge is
prohibited u/s 7;
2) The procedure and safeguards for the handling of hazardous substances u/s 8;
3) The authority which is to be intimated about the occurrence or apprehension of occurrence of
discharge of any pollutants in excess of the prescribed standards;
4) The manner in which samples of air, water, soil, or any other substance are to be taken u/s
11(1);
5) The form in which the notice of intention to take a sample for analysis is to be served u/s 11(3)
(a).
6) The functions, procedures, and fees payable to environmental laboratories;
7) The qualifications of the Government Analyst appointed u/s 13;
8) The manner in which the notice of offense and the intention to make a complaint is to be given
u/s 19(b));
9) The authority or officer who is required to submit the reports, information, or returns to the
Central Government u/s 20;
Any other matter of concern, as may be prescribed.
Prevention, control, and abatement of environmental pollution

• Section 7- Emission or discharge of environmental pollutants in excess

of the standards

According to Sec 7, it is prohibited for any person to discharge or emit any

environmental pollutant in excess of the prescribed standards from any
industry, operation, or process.

• Section 8- Handling of hazardous substances

It lays down that all the persons handling any hazardous substances shall do
so by complying with all the procedures and safeguards as may be prescribed.
Penal Provisions under the EP Act

• Section 15- General offences ----It prescribes the penalty for general offences committed under this Act. if any person
fails to comply with or contravenes any provisions of this Act, or rules made or orders or directions issued, he would be
punishable with imprisonment for a term which may extend to 5 years or with a fine up to Rs. 1 Lakh, or with both.
If the failure or contravention continues, then an additional fine which may extend to Rs. 5000 may be laid for every day the
failure or contravention continues. And if this failure or contravention extends beyond one year after the date of convection,
then the imprisonment can extend upto seven years.
• Section 16- Offences by companies----For an offence committed by a company, sec 16 holds responsible the person
who at the time the offence was committed was in charge of and responsible for the conduct of the company as well as
the company. However, if it proved that any such person was liable exercised due diligence or that the offence was
committed without his knowledge. Also, if it is proved that the offence was committed with the consent, connivance, or
negligence of any director, manager, secretary, or another officer, then such person shall be liable to be proceeded
against.
It is also specified that ‘company’ includes any body corporate, a firm, or any other association of individuals. The word
‘director’ also means ‘partner’ in relation to a firm.
• Section 17- Offences by government departments ---It Lays down that for an offence committed by a government
department, the HODshall be held responsible unless he proves that the offence was committed without his knowledge
or that due diligence was exercised. However, if it is proved that the offence has been committed with the consent,
connivance, or neglect of any officer other than the HOD, then that officer shall be proceeded against and punished
accordingly.
Other important provisions
• Sec 5A. Appeal to National Green Tribunal.-----Any person aggrieved by any
directions issued 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.

• Sec 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.