The Environment (Protection) Act, 1986

The Environment (Protection) Act, 1986
CONTENTS
CHAPTER-I
Preliminary
1. Short title, extent and commencement
2. Definitions
CHAPTER II
Reserved Forests
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.
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.
8. Persons handling hazardous substances to comply with procedural
safeguard.
9. Furnishing of information to authorities and agencies in certain cases.
10. Power 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.
CHAPTER IV
Miscellaneous
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.
THE ENVIRONMENT (PROTECTION) ACT, 1986
(Central Act 29 OF 1986)
[23rd May, 1986]
An Act to provide for the protection and improvement of environment and for
matters connected therewith.
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, microorganism and property;
(b) “Environmental pollutant” means any solid 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 pollution;
(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 subsection
(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 subsection
(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 subsections
(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 wilfull 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. 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
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;
(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;
(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 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.