Rule, 1986

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

THE ENVIRONMENT (PROTECTION)

ACT, 1986

MINISTRY OF ENVIRONMENT & FORESTS

DEPARTMENT OF ENVIRONMENT, FORESTS & WILDLIFE

GOVERNMENT OF INDIA

NEW DELHI

The Environment (Protection) Act, 1986 No. 29 OF 1986 [23rd May, 1986} An Act to Provide for the Protection and Improvement of Environment and for Matters Connected therewith.

WufcutAs decisions were taken ai Lhc United Natious 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 hidia as follows:

CHAPTER I

PRELFMTNARY

1. (I) This Act may be called the Environment (Protection) Act, S h o r t

86. title, ex-

(1) It extends to the whole of India.

(3) It shall come into force on such date as the Centra! 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.

tent and com­ ment.

2 THE ENVIRONMENT (PROTECTION) ACT, I 6 Dcfini* t. In this Act, unless the context otherwise requires: - tions. ^aj "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 ga­ seous substance present in such concentration as may be, or tend to be. injurious to environment;

(c) "environmental pollution'* means the presence in the en­ vironment of anv-environmenta! pollutant;

(d) "handling", in relation to any substance, means the manufac­ ture, processing, treatment, package, storage, transforation, 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 ofits chemical or physico-chemical proper­ ties or handling; is' liable 10 cause harm to human beings, ptjier.living creatures, plants,'micro-organism, property or the environment;

(0 "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 byrulcs made under this Act.

CHAPTER II

Power of Cen­ tral Go­ ment to tsbe nica- $. (I) Subject to the provisions of this Act, the Central Govern­ ment 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 1 ENVIRONMENT (PROTECTION) ACT. 1986 3

(2) In 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: —

(i) co-ordination of actions by ihe 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 pol­ lution;

protect and im­ prove en­ ment.

(iii) laying down standards for the quality of environment in its various aspects;

(iv) 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;

(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 ccrtaio safeguards;

(vi) laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents;

(vii) faying down procedures and safeguards fonhc handling of hazardous substances;

THE ENVIRONMENT (PROTECTION) ACT, 1986

(viii) examination of such manufacturing processes, material* 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, 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 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 poj 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 01 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 ftames as may be specified in the order for the purpose}if exercising and performing such of the powers and functions (includ­ ing the power to issue directions under section 5) of the Centra) Government under this Act and for taking measures with respect to ssitfk of Uie matters reterred to in sub-section (2) as may be mentioned ir. f.ne 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 5

4. (I) Without prejudice to ihc 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 (l) 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. 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. (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;

ment of officers and (heir powers and func­ tions, Power to give tions Rules to regu­ mental tion.

6 THE ENVIRONMENT (PROTECTION) ACT. IS

(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:

(0 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

Persons carrying on industry opera- iion, etc., allow emission or dis­ charge of mental poilou- tants in excess of the dards.

Persons handling dous subsian- oes to comply with dural guards.

PREVENTION. CONTROL AND ABATEMENT OF ENVIRONMENTAL

POLLUTION

7. No person carrying on any industry, operation or process shall discbarge or cmil or permit to be discharged or emit Led any environmental pollutant in excess of such standards as may be prescribed.

8, No person shall handle or cause lo be handled any hazardous substance except in accordance with such procedure and after complying with such safeguards as may be prescribed.

THE ENVIRONMENT (PROTECTION) ACT, 1986 7

9. (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 reuder 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 ear.ly as practicable, cause such remedial measures lo 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 iaterest (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. (I) 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 lo 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; ing of tion 10 awhori- liesand agencies in certain Powers of ffolry and ins­ pection.

8 THE ENVIRONMENT (PROTECTION) ACT. 198C

(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 em­ powered by the Centra! Government under sub-section (1) in the performance of his functions, he shall be guilty of an offence under this Act.

2 of 1974. (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 shal), 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. (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 the sub-sections (3) and (4) ate complied with.

(3) Subject to the provisions of sub-section (4). the person taking the sample under sub-section (1) shall:— Power to lake sample and proce­ dure to be followed in connect loo therewith HE ENVIRONVfFNT (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 scaled 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 Govern­ ment under section 12.

(4) .When a sample is taken for analysis under sub-section ( 0 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 ihe sample shall collect the sample fur 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 scaled 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. (1) The Central Government may, by notification in the Environ- Official Gazelle: - mental labora-

(a) establish one or more environmental laboratories; ioiics. 10 THE ENVIRONMENT (PROTECTION) ACT, 1986 ment Analysts.

Reports of Government Analysts.

Penalty foi tion of the provisions of the Act and the rules.

orders and directions.

Offences by companies.

(b) recognise one or more laboratories or institutes as en­ vironmental laboratories to carry out the functions entrusted to an environmental laboratory under litis 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 (hereon 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. 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 !2.

14. 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. (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 toJWe, years or with fine which may extend to one lafrh rupees, or with both, and in case the failure or contravention continues! with addiiioua[ fine which may extend to live thousand rupees for every day during which such failure or contravention continues at tcr ttieconviciionfor 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 d ate of conviction, the offender shall be punishable with imprisonment for a term which may extend.to .seven years.

16. (1) Where any offence under this Act has been committed by, a company, every person who, at the time iheotTencc was committed. JHE ENVIRONMENT (PROTECTION) ACT, 1986 li 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 (his 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—Kor the purposes 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. (1) Where an offence under this Act has been committed by Off«ic» by any Department of Government, the Head of the Department shall Governmcm be deemed to be guilty of the offence and shall be liable to be Dep*"- proceeded against and punished accordingly:

Provided that nothing contained in this section shall render such Head of the Department liable to any punislmient if he proves that the offence was committed without his knowledge or that he exercised ail 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 bya Department of Government.and It is proved that the offence has been committed with.the consent or connivance of, or is attributable lo any neglect on the'part of, any officer, other than the Head of the Department, such officer shall also be deemed to be guilty o( that offence and shall be liable to be proceeded against and punished accordingly.

12 THE ENVIRONMENT (PROTECTION) ACT, 1986

CHAPTER IV

Protection or action taken in good faith.

MISCELLANEOUS

18. 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.

Cogni»m« 1& No court shall take cognizance of any offence under this Act of offence, except on a complaint made by;—

(a) the Central Government or any authority or officer autho­ rised 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.

tion.

reports or returns Members.

officers and employees of the rity con­ stituted under section 3 servants.

20. 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. 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.

Bar of tion.

« • 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 /H£ ENVIRONMENT (PROTECTION) ACT, 1986 13 officer in pursuance of any power conferred by or in relation to its or Ms functions under ibis Act.

23. Without prejudice to the provisions of sub-section (3) of Power io section 3, the Central Government may, by notification in (he Official a*teg#e. 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. (1) Subject to the provisions of sub-section (2), the pro- Effect of visions of this Act and the rules or orders made there In shall have other laws effect notwithstanding anything inconsistent therewith contained in any enactment other than this Aci.

(2) Where any act or omission constitutes an offence punishable under this Act and also under auy other Act then the offender found guilty of such oftence shall be liable to be punished under the olher Act and not under this Act.

25. (l) The Central Government may* by notification in Official Power to Gazette, make rules for carrying out the purposes of this Act. "take rules.

(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 han­ dled 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 shallbe given and io whom all assistance shall be bound to be rendered under sub-section (1) of section 9;

14 THE ENVIRONMENT (PROTECTION) ACT, 1986

(d) ihe 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 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.

Rules 26- Every rule made under this Act shall be laid, as soon as may made 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 .- wl i. J one session or in two or more successive sessions, and if, before the io be laic ' before expiry of the session immediately following the session or the Parliament, successive sessions aforesaid, both Houses agree in making any modification in the role 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.

This Act of Parliament received the assent of the President of India on thc23rd May, 1986: -

Provisions this rule answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Air (Prevention and Control of Pollution) Act, 1981