Environmental Protection Act
Environmental Protection (Prevention and Control of Pollution) Act
Salient Features
| Section | Description |
|---|---|
| Section 2 | Definitions (a) “environment” includes water, air and land and inter-relationship which exists among and between water, air, and land, and human beings, other living creatures, plants, micro-organism and property; (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; |
| Section 3 | Power of Central Government to take measures to protect and improve environment (1) The Central Government shall have the power to take all necessary measures to protect and improve the environment and prevent pollution. (2) Measures include coordination of actions by State Governments, planning programs for prevention of pollution, setting standards for the environment, and regulating industrial operations. |
| Section 4 | Appointment of officers and their powers and functions Empowers the Central Government to appoint officers and give them necessary powers to enforce the provisions of the Act. |
| Section 5 | Powers to give directions The Central Government may issue directions to any person or authority and they shall comply with them. This includes orders for the closure of industries or regulation of electricity and water supplies. |
| Section 6 | Rules to regulate environmental pollution The Central Government may make rules regarding air, water, and soil quality standards, handling hazardous substances, accident prevention, and location restrictions for industries. |
| Section 7 | Persons carrying on industry operation, etc., not to allow emission or discharge of environmental pollutants in excess of the standards No person or industry shall emit pollutants beyond the prescribed limits. |
| Section 8 | Persons handling hazardous substances to comply with procedural safeguards No person shall handle hazardous substances unless following prescribed procedures and safeguards. |
| Section 9 | Furnishing of information to authorities and agencies in certain cases Any person responsible for exceeding pollutant standards must inform authorities and take steps to mitigate the pollution. |
| Section 10 | Powers of entry and inspection Authorized persons can enter any premises to inspect and ensure compliance with the Act. Failure to assist them is an offence. |
| Section 11 | Power to take sample and procedure to be followed The Central Government or authorized officers have the right to take samples of air, water, soil, or other substances for analysis. |
| Section 12 | Environmental laboratories The Central Government may establish or recognize environmental laboratories to carry out analysis related to pollution. |
| Section 13 | Government analysts The Central Government can appoint analysts to conduct environmental analysis of samples. |
| Section 14 | Reports of Government analysts Reports signed by Government analysts can be used as evidence in proceedings related to environmental offences. |
| Section 15 | Penalty for contravention of the provisions of the Act Offenders who fail to comply with the Act can face imprisonment, fines, or both. Continued failure results in additional penalties. |
| Section 16 | Offences by companies If a company commits an offence, its directors or those responsible can be held accountable alongside the company. |
| Section 17 | Offences by government departments If a government department commits an offence, the head of the department will be held responsible. |
| Section 18 | Protection of action taken in good faith No legal proceedings can be initiated against the government or its officers for actions taken in good faith under the Act. |
| Section 19 | Cognizance of offences Courts can only take cognizance of offences under this Act based on complaints made by authorized officers or persons. |
| Section 20 | Information, reports, or returns The Central Government can request reports or other information from persons or authorities to ensure compliance with the Act. |
| Section 21 | Members, officers, and employees of the authority to be public servants Members and employees of the environmental authority are deemed to be public servants. |
| Section 22 | Bar of jurisdiction No civil court can entertain suits related to actions taken by the government under this Act. |
| Section 23 | Powers to delegate The Central Government may delegate certain powers under this Act to officers, State Governments, or other authorities. |
| Section 24 | Effect of other laws This Act overrides any other conflicting laws, but offenders can be punished under both the Act and any other relevant law. |
| Section 25 | Power to make rules The Central Government can make rules for implementing the provisions of the Act. |
| Section 26 | Rules made under this Act to be laid before Parliament Every rule made under this Act must be laid before each House of Parliament after being notified. |
Environmental Protection (Prevention and Control of Pollution) RULES
Salient Features
| Rule | Description |
|---|---|
| Rule 3 |
Standards for emission or discharge of environmental pollutants:
(1) For the purpose of protecting and improving the quality of the environment and preventing and abating environmental pollution, the standards for emission or discharge of environmental pollutants from the industries, operations or processes shall be as specified in Schedules I to IV.
(2) Notwithstanding anything contained in sub-rule (1), the Central Board or a State Board may specify more stringent standards from those provided in Schedules I to IV in respect of any specific industry, operation or process depending upon the quality of the recipient system and after recording reasons, therefor in writing. |
| Rule 4 |
Directions:
(1) Any direction issued under section 5 of the Environment (Protection) Act, 1986 shall be in writing.
(2) The direction shall specify the nature of action to be taken and the time within which it shall be complied with by the person, officer or the authority to whom such direction is given. |
| Rule 5 | Prohibition and restriction on the location of industries and the carrying on processes and operations in different areas: (Details of the rule) |
| Rule 6 | Procedure for taking samples: (Details of the rule) |
| Rule 12 | Furnishing of information to authorities and agencies in certain cases: (Details of the rule) |
| Rule 13 | Prohibition and restriction on the handling of hazardous substances in different areas: (Details of the rule) |
| Rule 14 | Submission of environmental statement: Every person carrying on an industry, operation or process requiring consent under section 25 of the Water (P&CP) Act, 1974 or under section 21 of the Air (P&CP) Act, 1981 or both or authorization under the Hazardous Waste (Management & Handling) Rules, 1989 issued under the Environment (Protection) Act, 1986 shall submit an environmental statement for the financial year ending the 31st March in Form V [Given in Chapter 3.6] to the concerned State Pollution Control Board on or before the thirtieth day of September every year, beginning 1993. |
