No.
29 OF 1986
An Act
to provide for the protection and improvement of environment and for
matters connected there with:
WHEREAS
the 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 in so far 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:
CHAPTER I
PRELIMINARY
1. SHORT 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 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,
plant, 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 purpose 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
and
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 designation 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 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 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 pollutants 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
on 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 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 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.
(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 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 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.
(4)
The provisions of the Code of Criminal Procedure, 1973, or, in relation
to the State of Jammu and
Kashmir, or an 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
seizures 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 of 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 12 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 analyst 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
with fine which may extend to
one lakh rupees, or with both, and in case the failure or contravention
continues, with additional fine
which may extend to five thousand rupees for every day during which
such failure or contravention
continues after the conviction for the first such failure or contravention.
(2)
If the failure or contravention referred to in sub-section (1) continues
beyond a period of one year
after the date of conviction, the offender shall be punishable with
imprisonment for a term which may
extend to seven years.
16. OFFENCES
BY COMPANIES
(1)
Where any offence under this Act has been committed by a company,
every person who, at the time
the offence was committed, was directly in charge of, and was responsible
to, the company for the
conduct of the business of the company, as well as the company, shall
be deemed to be guilty of the
offence and shall be liable to be proceeded against and punished accordingly:
Provided
that nothing contained in this sub-section shall render any such person
liable to any
punishment provided in this Act, if he proves that the offence was committed
without his knowledge or
that he exercised all due diligence to prevent the commission of such
offence.
(2)
Notwithstanding anything contained in sub-section (1), where an offence
under this Act has been
committed
by a company and it is proved that the offence has been committed with
the consent or
connivance
of, or is attributable to any neglect on the part of, any director,
manager, secretary or other
officer of the company, such director, manager, secretary or other officer
shall also deemed to be guilty
of
that offence and shall be liable to be proceeded against and punished
accordingly.
Explanation--For the purpose of this section,--
(a)
"company" means any body corporate and includes a firm
or other association of individuals;
(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 exercise 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. COGNISANCE
OF OFFENCES
No
court shall take cognisance 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 function 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. POWERS
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 notifications,
such of its powers and functions under this Act [except the powers 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;21
(b)
the procedure in accordance with and the safeguards in compliance
with which hazardous
substances shall be handled or caused to be handled under section 8;22
(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;23
(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;24
(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;25
(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;28
(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;29
(i)
the authority of 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 Hose 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.
i. Schedule
I lists the standards for emission or discharge of environmental pollutants
from the
industries, processes or operations and their maximum allowable limits
of concentration;
ii.
Schedule II lists general standards for
discharge of effluents and their maximum limits of
concentration allowable;
iii.
Schedule III lists ambient air quality standards
in respect of noise and its maximum allowable limits;
and
iv.
Schedule IV lists standards for emission of
smoke, vapour etc. from motor vehicles and
maximum allowable limits of their emission.
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Water
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