THE ENVIRONMENT (PROTECTION) ACT, 1986 सकमत्रजयति MINISTRY OF ENVIRONMENT & FORESTS DEPARTMENT OF ENVIRONMENT, FORESTS & WILDLIFE GOVERNMENT OF INDIA NEW DELHI
The Environment (Protection) Act, 1986 No. 29 OF 1986 [23rd Mav, 1986] An Act to Provide for the Protection and Improvement of Environment and for Matters Connected therewith. WiEreas decisions were laken at the United Nations Conference on the Human Environment held at Stockholm in Jupe, 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: CHAPTERI PRELIMINARY I. (1} This Act may be called the Environment (Protection) Act, 86. (2) Ttextends 10 the whole of Tndia. (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. Short title, ex- tent and com- mence- ment.
Defini- Hons. Power of Cen- tral Go- Yern- ment o iake mea- BUTES ) = THE ENVIRONMENT {PROTECTION) acT, [ 6 2. Inthis 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, ynd human beings, other ivingcreatures, plants, micro- organism and property; {(b) “environmental pollutant” means any solid. liquid or ga- seous substance present in such concentration as may be, or tend to be. injyrious to environment; {c} “‘cmvironmental pollution™ means the presence in the en- vironiment of anven vironmental pollutant; (d} “handling”, in relation Lo any substance, means the manufac- ture, processing, treatment, packape, storage, transjoration, use; collection, destruction. conversion, offering: fur sale, transfer or the like of such substance: () “hazardous substance™ means any substance or preparation which. by reason of its chemnical or physico-chemical proper- ties or handling: is liable to cause harm to human beings, other living creatures, plants, micro-organism, property ot the environment; (f) “occupicr”, in relation to any faclory or premises, means a person who has control over the affairs of the factory or the premises and includes, in relation o any substance, the personin possession of the substance; {g) “prescribed™ means preseribed by rules made under this Act. CHAPTER I GENERAL POWERS OF THE CENTRAL GOVERNMENT 3. (1) Subject io the provisioms of this Act, the Central Gavern- ment shall have the power to take all such measures as it deems necessary or expedient for the purposs of protecting and improving the quahty of the environment and preventing, controlling and abating environmental pollution.
1 ENVIRONMENT (PROTECTION) ACT, 1986 {2) To particular, and without prejudice to the generality of the provisions of sub-section (i), such measures may include measures with respect to all or any of the following matters, namely: — (1) (ii) (iii) (iv) (v) (vi) (wid) 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; planning and execution of a nation-wide programme for the prevention. control and abatement of environmental pol- lution; laying down standards for the quality of environment in its VATiDUS ASPUCts; laying down standards for emission or discharge of en- vironmental 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 sou- rces; restriction of areas in which any industries, operations, or processes or class of industries, operations or processes shall not he carried out or shall be carried out subject to certain safeguards; laying down procedures and safeguards for the prevention of accidents which may cause cnvironmental pellution and remedial measures for such accidents; layirg down procedures and safeguards for the handling of hazardous substances; protect and im- prove en- पा (पान ment.
THE ENVIRONMENT (PROTECTION) ACT, 1986 (viii) examination of such manufacturing processes, materials and substances as are likely to cause environmental pol- lution; (ix) carrying out and sponsoring investigations and research relating to problems of environmental pollution; (X) inspection of any premises, plant, equipment, machinecy 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 environmen- tal 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 po]- lution; : (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 o¢ 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 hames as may be specified in the order for the-purpose b f exercising and performing such of the powers and functions (incfud- ing the power to issue directions under section 5) of the Central Government under this Act and for taking measures with respect to s~ of the matters reterred to in sub-section (2) as may be mentioned 17: tie 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.”
T ENVIRONMENT (PROTECTION) ACT, 1986 4, (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. MNotwithstanding 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 10 comply with such directions. Expianation: —For the avoidance of doubts, it is hereby declared that the power to issuc directions under this section includes the power to direct; — (a) the closure, prohibition or repulation of any industry, Dpfl['fltifl'n OF Process; or (b} stoppage or regulation of the supply of electricity or water or any other service. 6. (1) The Central Government may, by notification m the Official Garzette, make rules in respect of all or any of the matters referred to in section 3. (2) In particular, and without prejudice to the gencrality 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 arcas and purposcs; {b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different arcas; (c) the procedures and safepuards for the handling of hazardous substances; Appoint- ment of officers and their powers and fane- (08, Power o give diree- tians Rules Lo cegu- late en- viron- mental pollu- (011:
é THE ENVIRONMENT (PROTECTION) ACT, 1E {d) the prohibition and restrictions on the handling of hazardous substances in different areas; (g) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas; (५ the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents, CHAPTER 11{ PrEVvENTION., CONTROL AND ARBATEMENT OF ENVIRONMENTAL PoLLuTion Persons T No & i g ion ot process shall chrning - P'ETSGH AITYIng On any lfldlisll"_‘,f._ GP‘ETRHDH P‘f B discharge or emil or permit to be discharped or emitled any industry environmental pollutant in excess of such standards as may be opera- prescribed. tion, &tc., oot 1o aliow enission or diz- charge of anviron- mental poffou- [anis in CELCESS of the stan- dards. Persons 8. Mo person shall handle or cause Lo be handled any hazardous handling sybstance except in accordance with such procedure and after damhm" complying with such safeguards as may be prescribed. subslan- ces 10 comply with Rroce- durzl safe- pguarnds.
THE ENVIRONMENT {PROTECTION)-ACT, 1936 9. (1) Where the discharge of any envitonmental pollutant in cxenss of the prescribed standards oceurs or is apprehended to occur dus_fo 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 shail be bound to prevent or mitigate the environmental pollution caused a5 a result of such discharge and shall also forthwith: - {a) intimate the fact of such occurrence or apprehension of such OCCUTTENCE; छाले (b} be bound, if called upon, to render all assistance, to such authorities or agencies as may be prescribad, {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 carly as practicable, cause such remedial measures 1o be taken as are necessary to prevenl 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 (3}, topether with interesi (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 dernand. . {1} Subject to the provisions of this .section, -any person empowéred by the Central Government in this behalf shail have a tight to enter, at all reasonable times with such assistance as he considers necessary, any place: — (@) 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 1o 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 pranted under this Act is being or has been complicd with; Furnish- ing of informa- पर Lo authon- Lies amd apgencics in corisin रपट... Powers of anl-y and jns- ;)e:c,t."nn.
2 of 1974, Power to take sample and proce- dure 1o be followed in conpection therewith THE ENVIRONMENT (PROTECTION) ACT, 198€ {c) for the purpose of cxamining and testing any eguipment 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 eguipment 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) Ewvery person carrying on any industry, operation ot 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 canse or excuse, he shall be guilty of an offence under this Act. {3) I any person wilfully defays or obstructs any person em- powered 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 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 %4 of the said Code or, as the case may be, under the corresponding provision of the said law. 11. (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 subsiance from any factory premises or other place in such manner as may be prescribed (2) Thé result of any analysis of a sample taken under sub-section {1 shall not be admissible m evidence in any legal proceeding unless the provisions of the sub-sections (3) and (4} are complied with. {3} Subject to the provisions of sub-section (4), the person taking the sample under sub-scction {1) shall: —
HE ENVIRONMENT {PROTECTION) ACT, 1986 {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 sampls and the occupier or his agent Or person, (पे) send without delay, the conlainer or the cu_n_tai_ncrs (0 the laboratory established or recognised by the Central Govern- ment 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 agenl or person wilfully absents himself, the person taking the sample shall collect the sarnple for analysis to be placed in 4 container or containers which shall be marked and sealed and shall also be signed by the person laking 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-seciion (3), the marked and sealed container or containers shall be signed by the person taking the samplas, and the container or containers shall be sent without delay by the person taking the sample for analysis to ihe 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 persom, of, as the case may be, his refusal to sign the container or containers, 12, 1) The Central Government may, by notification in the Environ- Official Gazette: - et fahora- {a) establish one or more environmental laboratories: torics.
10 THE ENVIRONMENT {PROTECTION) ACT, 1986 (b) recognise पाए छा more laboratories or institutes as en- yironmental laboratories to carry out the functions entruated to an environmental laboratory under this Act, {2) The Central Government may, by notification in the Official Gazette, make rules specilving: वि 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 catry out its functions. Govern- 13. The Central Government may by notification in the Official menl Gazette, appoint or recognise such persons as it thinks fit and having Analysis, the prescribed gualifications to be Government Analysts for the purpose of analysis-of samples of air, water, soil or other substance sent for analysizs to any environmental laboratory sstablished or recognised under sub-section (1) of scetion 12, Reports af 14. Any document purporting to be a report signed by a Government Governiment analyst may be used as evidence of the facts stated Analysts. therein in any proceeding under this Act Penalty for 15. (1) Whoever fails to comply with or contravenes any of the contraven- provisionis of this Act, or the rules made or orders or directions issued tion of the thereunder, shall, in respect of each such failure or contravention, be P e ae: pumishable with imprisonment for & term which may extend 1o five. At v years or with fine which may extend to one lakh rupees, or with both rules, TJF___‘AM in case the fathire or contravention continues, with additional .. with additional orders Tine which may exiend Lo five thousan ay ex 1o five thousand rupees for every day during dflf"d o w: such failure or contravention continues al ter the conviction for एटा! नि the first such failuré or contravention. {2) If the failure or ¢ontravention referred to in sub-section (1) continues beyond a period of one ycar after the date of conviction., the offender shall be punishable with imprisonment for a term which may extend to seven years. Offences by 16. (1Y Where any offence under this Act has been committed by, companics. acompany, every person who, at the Lime the offence was committad
[HE ENVIRONMENT (PROTECTION) AcT, 1986 was directly in charge of, and was responsible to, the company for the conduct of the business एव the company, a3 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 y-such person liable to any punmishment 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 confained in sub-section (1} where an offence under this Act has been committed by a company and it1s proved that the offente has been cormitted with the consent or connivance of, or is attributable 1o any neglect on the part of, any director, manager, sccrctary or other officer of the company, such director, manager, sccretary or other officer shall also deemed 1o guilty of that offence and shall be lidblé 1o be proceeded against and punished accordingly. Explanation—VYor the purposes of this section: — (छवि) “‘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. (1) Where an offence under this Act has been committed by any Department of Government. the Head of the Department shail be déemed to be guilty of the offénce and shall be liable to फिट proceeded against and punished accordingly Provided that nothing contained in this section shall render such Head of the Department [iable to any punishment it he proves thatl 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 bas been committed by-a Department of Government and it 15 proved that the offence has been committed with the consent or connivance of, or is attributable 10 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 agamst and punished accordingly. 11 {Hfences by Guovernment Drepart- घटा...
12 Protection uf action taken in good faith. Cognizance of offences. Informa- हीना, एफ 5 ए8- गए प्रा Members, officers and erniployess of the autho- nty con- stitafed under gection 3 [0 he public हटा पाक, Bar of Jurisdie- tion. 22, THE FNVIRONMENT {PROTECTION) ACT, 1986 CHAFPTER IV MISCELLANEOLS 18. No suit, prosecution or other legal procecding shall lie against the Government or any officer or other employes 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 15 dong or intended to be done in good faith in pursuance of this Act or the rules made or orders or directions issued thercunder, 19. Mo 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 autho- rised in this behall 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. 2. The Central Government may, in relation to its funclions under this Act, from time to time, require any person, officer, State Governmeni or other authority to furnish to it or any preseribed authority or officer any reports, returns, statistics, accounts and sther information and such person, officer, State Government or other authority shall be bound to do so. 21, All the members of the authority, constituted, if any, under section 3 and all officers and other empieyees of such authority when acting or purporting 10 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. Mo civil court shall have jurisdiction Lo entertain gny suit or proceeding in respect of anyihing done, action taken or order or direction issued by the Central Government or any other authority or
HE ENVIRONMENT [PROTECTION} ACT, 1986 officer in pursuance of any power conferred by or in relation toits or पिंड functions under this Act. 23. Without prejudice to the provisions of sub-section (3) of section 3, the Central Government may, by notification in the Official Gagette, 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 rles under section 23] as it may deemn. necessary or expedient, to any officer, State Government or other avthonty. 24. (1) Subject to the provisions of sub-section (2). the pro- visions of this Act and the rules or orders made thers in shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act. (?) 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. (1} The Central Government may, by notification in Official Gazette, make rules for carrying out the purposes एव this Act. (2} In particalar, 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 ता cxcess of which environmental pollutants shall not be discharged or cmitted onder section 7; (b) the procedure in accordance with and the safepuards in compliance with which hazardous substances shail be han- dled or cause to be handied under section & {¢) the avthorities or agencies to which intimation of the fact of cccurrenes or apprehension of cceurrence of the discharge of any -environmental pellutant in excess of the prescribed standards shull-be given and to whom all assistance shall be hound to be rendered under sub-section {1) of section 9; 13 Power 1O delegate. Effect of एटा iaws Power 1o make rulss,
14 Rules made (शा this AcL to be laid before Parliament, THE ENVIRONMENT (PROTECTION) ACT, 1986 (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 pro- cedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory repart; 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; {z) the qualifications of Governmeni 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; हि 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 reguired to be, or may be, prescribed. 26. Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parhament, while it is in session, for a total period of thirty days which may be comprised in One SE5510N O 1N two of 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, 4s the case may be; so, howewver, that any such modification or annulment shall be without prejudice to the validity .of anything previously done under that rule. This Act of Parliament received the assent of the President of India on the 23rd May, 1986: -