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      • 1. Short title, extent and commencement.
      • 2. Definitions.
      • 3. Restriction on sale and purchase of loose 2-T oil.
      • 1. Short title and commencement
      • 2. Application
      • 3. Definitions
      • 4. Responsibilities of manufacturer, importer, assembler and reconditioner
      • 5. Registration of importers
      • 6. Customs clearance of imports of new lead acid batteries
      • 7. Responsibilities of dealer
      • 8. Responsibilities of recycler
      • 9. Procedure for registration/renewal of registration of recyclers
      • 10. Responsibilities of consumer or bulk consumer
      • 11. Responsibilities of auctioneer
      • 12. Prescribed Authority
      • 13. Duties of Central Pollution Control Board
      • 14. Computerisation of records and returns
      • 1. Short title and commencement
      • 2. Application
      • 3. Definitions
      • 4. Duty of occupier
      • 5. Treatment and disposal
      • 6. Segregation, packaging, transportation and storage
      • 7. Prescribed authority
      • 8. Authorisation
      • 9. Advisory committee
      • 9-A. Monitoring of implementation of the rules in Armed Forces health care establishments
      • 10. Annual report
      • 11. Maintenance of records
      • 12. Accident reporting
      • 13. Appeal
      • 14. Common disposal/incineration sites
      • 1. Short title and commencement.
      • 2. Application.
      • 3. Definitions.
      • 4. Duties of the Occupier.
      • 5. Duties of the operator of a common bio-medical waste treatment and disposal facility.
      • 6. Duties of authorities.
      • 7. Treatment and disposal.
      • 8. Segregation, packaging, transportation and storage.
      • 9. Prescribed authority.
      • 10. Procedure for authorisation.
      • 11. Advisory Committee.
      • 12. Monitoring of implementation of the rules in health care facilities.
      • 13. Annual report.
      • 14. Maintenance of records.
      • 15. Accident reporting.
      • 16. Appeal.
      • 17. Site for common bio-medical waste treatment and disposal facility.
      • 18. Liability of the occupier, operator of a facility.
      • 1. Short title and commencement
      • 2. Definitions
      • 3. Constitution of Central Crisis Group
      • 4. Constitution of Crisis Alert System
      • 5. Functions of the Central Crisis Group
      • 6. Constitution of State Crisis Group
      • 7. Functions of the State Crisis Group
      • 8. Constitution of the District and Local Crisis Group
      • 9. Functions of the District Crisis Group
      • 10. Functions of the Local Crisis Group
      • 11. Powers of the members of the Central, State and District Crisis Groups
      • 12. Aid and assistance for the functioning of the District and Local Crisis Groups
      • 13. Information to the public
      • 1. Short title and commencement.
      • 2. Application.
      • 3. Definitions.
      • 4. Duties of the waste generator.
      • 5. Duties of service provider and their contractors.
      • 6. Duties of local authority.
      • 7. Criteria for storage, processing or recycling facilities for construction and demolition waste and application of construction and demolition waste and its products.
      • 8. Duties of State Pollution Control Board or Pollution Control Committee.
      • 9. Duties of State Government or Union Territory Administration.
      • 10. Duties of the Central Pollution Control Board.
      • 11. Duties of Bureau of Indian Standards and Indian Roads Congress.
      • 12. Duties of the Central Government.
      • 13. Time-frame for implementation of the provisions of these rules.
      • 14. Accident reporting by the construction and demolition waste processing facilities.
      • 1. Short title and commencement.
      • 2. Application.
      • 3. Definitions.
      • 4. Responsibilities of the manufacturer.
      • 5. Responsibilities of the producer.
      • 6. Responsibilities of collection centres.
      • 7. Responsibilities of dealers.
      • 8. Responsibilities of the refurbisher.
      • 9. Responsibilities of consumer or bulk consumer.
      • 10. Responsibilities of the dismantler.
      • 11. Responsibilities of the recycler.
      • 12. Responsibilities of State Government for environmentally sound management of E-waste.
      • 13. Procedure for Seeking and Grant of Authorisation.
      • 14. Power to suspend or cancel an authorisation.
      • 15. Procedure for storage of e-waste.
      • 16. Reduction in the use of hazardous substances in the manufacture of electrical and electronic equipment and their components or consumables or parts or spares.
      • 17. Duties of authorities.
      • 18. Annual Report.
      • 19. Transportation of e-waste.
      • 20. Accident reporting.
      • 21. Liability of manufacturer, producer, importer, transporter, refurbisher, dismantler and recycler.
      • 22. Appeal.
      • 23.
      • 24.
      • 1. Short title, extent and commencement
      • 2. Definitions
      • 3. Power of Central Government to take measures to protect and improve environment
      • 4. Appointment of officers and their powers and functions
      • 5. Power to give directions
      • 6. Rules to regulate environmental pollution
      • 8. Persons handling hazardous substances to comply with procedural safeguards
      • 9. Furnishing of information to authorities and agencies in certain cases
      • 10. Powers of entry and inspection
      • 11. Power to take sample and procedure to be followed in connection therewith
      • 12. Environmental laboratories
      • 13. Government Analysts
      • 14. Reports of Government Analysts
      • 15. Penalty for contravention of the provisions of the Act and the rules, orders and directions
      • 16. offences by companies
      • 17. offences by Government Departments
      • 18. Protection of action taken in good faith
      • 19. Cognizance of offences
      • 20. Information, reports or returns
      • 21. Members, officers and employees of the authority, constituted under section 3 to be public servants
      • 22. Bar of jurisdiction
      • 23. Power to delegate
      • 24. Effect of other laws
      • 25. Power to make rules
      • 26. Rules made under this Act to be laid before Parliament
      • 1. Short title and commencement
      • 2. Definitions
      • 3. Standards for emission or discharge of environmental pollutants
      • 4. Directions
      • 5. Prohibition and restriction on the location of industries and the carrying on processes and operations in different areas
      • 6. Procedure for taking samples
      • 7. Service of notice
      • 8. Procedure for submission of samples for analysis, and the form of laboratory report thereon
      • 9. Functions of environmental laboratories
      • 10. Qualifications of Government Analyst
      • 11. Manner of giving notice
      • 12. Furnishing of information to authorities and agencies in certain cases
      • 13. Prohibition and restriction on the handling of hazardous substances in different areas
      • 14. Submission of environment statement
      • 1. Short title and commencement
      • 2. Application
      • 3. Definitions
      • 4. Responsibility of the occupier and operator of a facility for handling of the wastes
      • 4-A. Duties of the occupier and operator of a facility
      • 4-B. Duties of the authority
      • 5. Grant of authorisation for handling hazardous wastes
      • 6. Power to suspend or cancel an authorisation
      • 7. Packaging, labelling and transport of hazardous wastes
      • 8. Disposal sites
      • 8-A. Design and setting up of disposal facility
      • 8-B. Operation and closure of landfill site
      • 9. Records and returns
      • 10. Accident reporting and follow-up
      • 11. Import and export of hazardous wastes for dumping and disposal
      • 12. Import and export of hazardous wastes for recycling and reuse
      • 13. Import of hazardous waste
      • 14. Export of hazardous waste
      • 15. Illegal traffi
      • 16. Liability of the occupier, transporter and operator of a facility
      • 17. Transitional provisions
      • 18. Appeal
      • 19. Procedure for registration and renewal of registration of recyclers and re-refiners
      • 20. Responsibility of waste generator
      • 21. Technology and standards for re-refining or recycling
      • 1. Short title and commencement.
      • 2. Application.
      • 3. Definitions.
      • 4. Responsibility of the occupier and operator of a facility for handling of the wastes.
      • 4A. Duties of the occupier and operator of a facility.
      • 4B. Duties of the Authority.
      • 5. Grant of authorisation for handling hazardous wastes.
      • 6. Power to suspend or cancel an authorisation.
      • 7. Packaging, labelling and transport of hazardous wastes.
      • 8. Disposal Sites.
      • 8A. Design and setting up of disposal facility.
      • 8B. Operation and closure of landfill site.
      • 9. Records and returns.
      • 10. Accident reporting and follow-up.
      • 11. Import and Export of Hazardous Wastes for dumping and disposal.
      • 12. Import and Export of Hazardous Wastes for recycling and reuse.
      • 13. Import of Hazardous Waste.
      • 14. Export of Hazardous Waste.
      • 15. Illegal Traffic.
      • 16. Liability of the occupier, transporter and operator of a facility.
      • 17. Transitional provisions.
      • 18. Appeal.
      • 1. Short title and commencement.
      • 2. Application.
      • 3. Definitions.
      • 4. Responsibilities of the occupier for handling of hazardous wastes.
      • 5. Grant of authorisation for handling hazardous wastes.
      • 6. Power to suspend or cancel an authorisation.
      • 7. Storage of hazardous waste.
      • 8. Procedure for grant of registration.
      • 9. Conditions for sale or transfer of hazardous wastes for recycling.
      • 10. Standards for recycling.
      • 11. Utilisation of hazardous wastes.
      • 12. Import and export (transboundary movement) of hazardous wastes.
      • 13. Import and export of hazardous wastes.
      • 14. Import or export of hazardous waste for recycling, recovery and reuses.
      • 15. Procedure for export of hazardous wastes from India.
      • 16. Procedure for import of hazardous waste.
      • 17. Illegal traffic.
      • 18. Treatment, storage and disposal facility for hazardous wastes.
      • 19. Packaging and labelling.
      • 20. Transportation of hazardous waste.
      • 21. Manifest system (movement document to be used within the country only).
      • 22. Records and returns.
      • 23. Responsibility of authorities.
      • 24. Accident reporting and follow-up.
      • 25. Liability of occupier, transporter, operator of a facility and importer.
      • 26. Appeal.
      • Schedule II. Schedule Ii
      • Schedule. Schedule Iii
      • 1. Short title and commencement.
      • 2. Application.
      • 3. Definitions.
      • 4. Responsibilities of the occupier for management of hazardous and other wastes.
      • 5. Responsibilities of State Government for environmentally sound management of hazardous and other wastes.
      • 6. Grant of authorisation for managing hazardous and other wastes.
      • 7. Power to suspend or cancel an authorisation.
      • 8. Storage of hazardous and other wastes.
      • 9. Utilisation of hazardous and other wastes.
      • 10. Standard Operating Procedure or guidelines for actual users.
      • 11. Import and export (Transboundary Movement) of hazardous and other wastes.
      • 12. Strategy for Import and export of hazardous and other wastes.
      • 13. Procedure for import of hazardous and other wastes.
      • 14. Procedure for Export of hazardous and other wastes from India.
      • 15. Illegal traffic.
      • 16. Treatment, storage and disposal facility for hazardous and other wastes.
      • 17. Packaging and Labelling.
      • 18. Transportation of hazardous and other wastes.
      • 19. Manifest system (Movement Document) for hazardous and other waste to be used within the country only.
      • 20. Records and returns.
      • 21. Responsibility of authorities.
      • 22. Accident reporting.
      • 23. Liability of occupier, importer or exporter and operator of a disposal facility.
      • 24. Appeal.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Duties of authorities.
      • 4. General responsibility of the occupier during industrial activity.
      • 5. Notification of major accident.
      • 6. Industrial activity to which rules 7 to 15 apply.
      • 7. Notification of sites.
      • 8. Updating of the site notification following changes in the threshold quantity.
      • 9. Transitional provisions.
      • 10. Safety reports.
      • 11. Updating of reports under rule 10.
      • 12. Requirement for further information to be sent to the Authority.
      • 13. Preparation of on-site emergency plan by the occupier.
      • 14. Preparation of off-site emergency plans by the authority.
      • 15. Information to be given to persons liable to be affected by a major accident.
      • 16. Disclosures of information.
      • 17. Collection, development and dissemination of information.
      • 18. Import of hazardous chemicals.
      • 19. Improvement notices.
      • 20. Power of the Central Government to modify the Schedules.
      • 1. Short title and commencement
      • 2. Definitions
      • 3. Duties of authorities
      • 4. General responsibility of the occupier during industrial activity
      • 5. Notification of major accident
      • 6. Industrial activity to which rules 7 to 15 apply
      • 7. Approval and Notification of sites
      • 8. Updating of the site notification following changes in the threshold quantity
      • 9. Transitional provisions
      • 10. Safety reports and safety audit reports
      • 11. Updating of reports under rule 10
      • 12. Requirement for further information to be sent to the authority
      • 13. Preparation of on-site emergency plan by the occupier
      • 14. Preparation of off-site emergency plans by the authority
      • 15. Information to be given to persons liable to be affected by a major accident
      • 16. Disclosures of information
      • 17. Collection, development and dissemination of information
      • 18. Import of hazardous chemicals
      • 19. Improvement notices
      • 20. Power of the Central Government to modify the Schedules
      • 1. Short title and commencement.
      • 2. Application.
      • 3. Definitions.
      • 4. Responsibility of municipal authority.
      • 5. Responsibility of the State Government and the Union territory Administrations.
      • 6. Responsibility of the Central Pollution Control Board and the State Board or the Committees.
      • 7. Management of municipal solid wastes.
      • 8. Annual Reports.
      • 9. Accident Reporting.
      • Schedule. Schedule I
      • 1. Short title and commencement
      • 2. Definitions
      • 3. Ambient air quality standards in respect of noise for different areas/zones
      • 4. Responsibility as to enforcement of noise pollution control measures
      • 5. Restrictions on the use of loud speakers/public address system
      • 6. Consequences of any violation in silence zone/area
      • 7. Complaints to be made to the authority
      • 8. Power to prohibit, etc., continuance of music sound or noise
      • 1. Short title and commencement
      • 2. Definitions
      • 3. Regulation of production and consumption of ozone depleting substances
      • 4. Prohibition on export to or import from countries not specified in Schedule VI
      • 5. Ozone depleting substances are to be exported to or imported from countries specified in Schedule VI under a licence
      • 6. Regulation of the sale of ozone depleting substances
      • 7. Regulation on the purchase of ozone depleting substances
      • 8. Regulation on the use of ozone depleting substance
      • 9. Prohibition on new investments with ozone depleting substances
      • 10. Regulation of import, export and sale of products made with or containing ozone depleting substances
      • 11. Regulation on reclamation and destruction of ozone depleting substances
      • 12. Regulation on manufacture, import and export of compressors
      • 13. Procedure for registration, cancellation of registration and appeal against such orders
      • 14. Monitoring and reporting requirements
      • 15. Exemption
      • 1. Short title and commencement.
      • 2. Application.
      • 3. Definitions.
      • 4. Conditions.
      • 5. Plastic waste management.
      • 6. Responsibility of local body.
      • 7. Responsibility of Gram Panchayat.
      • 8. Responsibility of waste generator.
      • 9. Responsibility of producers, Importers and Brand Owners.
      • 10. Protocols for compostable plastic materials.
      • 11. Marking or labelling.
      • 12. Prescribed authority.
      • 13. Registration of producer, recyclers and manufacturer.
      • 14. Responsibility of retailers and street vendor.
      • 15. Explicit pricing of carry bags.
      • 16. State Level Monitoring Committee.
      • 17. Annual reports.
      • 1. Short title and commencement
      • 2. Application
      • 3. Definitions
      • 4. Restriction on manufacture, sale, distribution and use of virgin and recycled plastic carry bags and recycled plastic containers
      • 5. Conditions of manufacture of carry bags and containers made of plastics
      • 6. Recycling
      • 7. Marking/codification
      • 8. Thickness of carry bags
      • 9. Self-regulation by certain persons
      • 10. Grant of registration for manufactures
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Prescribed Authority.
      • 4. Prohibition of usage of carry bags or containers made of recycled plastics.
      • 5. Conditions of manufacture of carry bags and containers made of plastics.
      • 6. Recycling.
      • 7. Marking/codification.
      • 8. Thickness of carry bags.
      • 9. Self regulation by certain persons.
      • 1. Short title and commencement.
      • 2. Definition.
      • 3. Prohibition of use of lead or lead compounds in certain cases.
      • 4. Self certification.
      • 5. Nodal agency.
      • 6. Authorized agencies for testing of products.
      • 7. Compliance and testing procedures.
      • 8. Transitory provision.
      • 9. General Conditions.
      • 1. Short title, extent and commencement.
      • 2. Application.
      • 3. Definitions.
      • 4. Competent Authorities.
      • 5. Classification of micro-organisms or genetically engineered product.
      • 6. Micro-organisms laid down in the Schedule are divided into the following.
      • 7. Approval and prohibition, etc.
      • 8. Production.
      • 9. Deliberate or unintentional release.
      • 10. Permission and approval for certain substances.
      • 11. Permission and approval for food-stuffs.
      • 12. Guidelines.
      • 13. Grant of approval.
      • 14. Supervision.
      • 15. Penalties.
      • 16. Responsibility to notify interruption or accidents.
      • 17. Preparation of Off-site Emergency Plan by the DLC.
      • 18. Inspection and information regarding finance.
      • 19. Appeal.
      • 20. Exemption.
      • Schedule. Schedule
      • 2. Objectives of the Scheme.
      • 3. Administrative and Organisational Structure.
      • 4. Certification and Licencing.
      • 5. The Criteria for Ecomark.
      • 6. Period of Award.
      • 7. The Logo.
      • 8. Consumer Awareness.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Protected wetlands.
      • 4. Restrictions on activities within wetlands.
      • 5. Constitution of Central Wetlands Regulatory Authority.
      • 6. Process for identification of wetlands under different categories.
      • 7. Overlapping provisions.
      • 8. Enforcement of regulated activities.
      • 9. Appeals against the decisions of Authority.
Environment (Protection) Act, 1986

The Environment (Protection) Act, 1986

(29 of 1986)

029

[23rd May, 1986]

An Act to provide for the protection and improvement of environment and for matters connected therewith.

Whereas decisions were taken at the United Nations Conference on the Human Environment held at Stockholm in June, 1972, in which India participated, to take appropriate steps for the protection and improvement of human environment;

And whereas it is considered necessary further to implement the decisions aforesaid insofar as they relate to the protection and improvement of environment and the prevention of hazards to human beings, other living creatures, plants and property;

Be it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:

FACT SHEET 6

Enforced with effect from 19.11.1986.

Chapter I

Preliminary

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, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and for different areas.

Object & Reasons6

Statement of Objects and Reasons.-Concern over the state of environment has grown the world over since the sixties. The decline in environmental quality has been evidenced by increasing pollution, loss of vegetal cover and biological diversity, excessive concentrations of harmful chemicals in the ambient atmosphere and in food chains, growing risks of environmental accidents and threats to life support systems. The world community's resolve to protect and enhance the environmental quality found expression in the decisions taken at the United Nations Conference on the Human Environment held in Stockholm in June, 1972. Government of India participated in the Conference and strongly voiced the environmental concerns. While several measures have been taken for environmental protection both before and after the Conference, the need for a general legislation further to implement the decisions of the Conference has become increasingly evident.

(2) Although there are existing laws dealing directly or indirectly with several environmental matters, it is necessary to have a general legislation for environmental protection. Existing laws generally focus on specific types of pollution or on specific categories of hazardous substances. Some major areas of environmental hazards are not covered. There also exist uncovered gaps in areas of major environmental hazards. There are inadequate linkages in handling matters of industrial and environmental safety. Control mechanisms to guard against slow, insidious build up of hazardous substance3, especially new chemicals, in the environment are weak. Because of a multiplicity of regulatory agencies, there is need for an authority which can assume the lead role for studying, planning and implementing long-term requirements of environmental safety and to give direction to, and co-ordinate a system of speedy and adequate response to emergency situations threatening the environment.

(3) In view of what has been stated above, there is urgent need for the enactment of a general legislation on environmental protection which, inter alia, should enable co-ordination of activities of the various regulatory agencies, creation of an authority or authorities with advocate powers for environmental protection, regulation of discharge of environmental pollutants and handling of hazardous substances, speedy response in the event of accidents threatening environment and deterrent punishment to those who endanger human environment, safety and health.

(4) The Bill seeks to achieve the above objects.

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

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.

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.

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.

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 Pollution

7. Persons carrying on industry, operation, 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 of such standards as may be prescribed.

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.

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.

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.

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.

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.

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.

14. Reports of Government Analysts .Any document purporting to be a report signed by a Government Analysts may be used as evidence of the facts stated therein in any proceeding under this Act.

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.

Form of Charge 6

Form of charge under section 15(1)

I ,................(name and office of the Magistrate, etc.), hereby charge you.......................(name of the accused) as follows:

That you, on or about the.......................day of....................., at....................., failed to comply with/or contravened the provisions of section (to wit)...................of the Environment (Protection) Act, 1986/or rule (to wit)...................of the Rules made thereunder or order (to wit).................../or direction (to wit)...................issued thereunder and thereby committed an offence punishable under section 15(1) of the Environment (Protection) Act, 1986, and within my cognizance.

And i hereby direct that you be tried by this Court on the said charge.

(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.

Form of Charge 6

Form of charge under section 15(2)

I ,..................(name and office of the Magistrate, etc.), hereby charge you..................(name of the accused) as follows:

That whereas you were convicted and sentenced to (to wit)...................by the Court of...................(to wit)...................at...................on...................for contravention of the provisions of section (to wit) of the Environment (Protection) Act, 1986/or rule (to wit) of the Rules made thereunder/or order (to wit).................../or direction (to wit)...................issued thereunder under section 15(1) of the Environment (Protection) Act and the aforesaid failure/or contravention continued beyond a period of one year expiring on...................after the date of conviction and thereby you committed an offence punishable under section 15(2) of the Environment (Protection) Act, 1986, and within my cognizance.

And i hereby direct that you be tried by this Court on the said charge.

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 be 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.

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

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.

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.

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.

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).

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.

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.

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.

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.

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.

Bare Acts Live

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