Environment (Protection) Act | Botany Optional for UPSC PDF Download

Short Title, Scope, and Commencement

• Title and Extent:
  • This legislation shall be referred to as the "Environment (Protection) Act, 1986."
  • It shall apply to the entire territory of India.
• Commencement:
  • This Act shall take effect on a date determined by the Central Government through an official notification in the Official Gazette. Different commencement dates may be assigned for distinct provisions of the Act and for various geographical areas.
• Definitions: Within this Act, unless the context suggests otherwise, the following definitions apply:
  • Environment: This encompasses water, air, land, and the intricate connections that exist among these elements and between them and human beings, other organisms, plants, microorganisms, and property.
  • Environmental Pollutant: It denotes any solid, liquid, or gaseous substance present in a concentration that could be or tends to be harmful to the environment.
  • Environmental Pollution: This signifies the presence of an environmental pollutant in the environment.
  • Handling: Concerning any substance, it includes its manufacturing, processing, treatment, packaging, storage, transportation, usage, collection, disposal, conversion, offering for sale, transfer, or similar activities.
  • Hazardous Substance: Refers to any substance or preparation that, due to its chemical or physico-chemical properties or the manner in which it is managed, has the potential to cause harm to human beings, other living organisms, plants, microorganisms, property, or the environment.
  • Occupier: In relation to a factory or premises, this term pertains to a person who exercises control over the operations of the factory or premises. It also encompasses, concerning any substance, the person in possession of that substance.
  • Prescribed: Signifies conforming to the specifications outlined in rules established under this Act.

Central Government's Authority to Safeguard and Enhance the Environment

• Empowerment of the Central Government:
  • Subject to the regulations of this Act, the Central Government possesses the authority to undertake any measures it deems necessary or expedient to safeguard and enhance the quality of the environment, as well as to prevent, control, and mitigate environmental pollution.
• Scope of Measures:
  • Without limiting the generality of the aforementioned provision, these measures may encompass actions pertaining to the following matters:
    (i) Coordinating actions by State Governments, officials, and other authorities under this Act or other pertinent laws related to the Act's objectives.
    (ii) Planning and implementing a nationwide program to prevent, control, and mitigate environmental pollution.
    (iii) Establishing standards for the quality of the environment in its various facets.
    (iv) Establishing standards for the emission or discharge of environmental pollutants from various sources. Different standards may be set for different sources, considering the quality or composition of emitted pollutants.
    (v) Regulating areas where certain industries, operations, processes, or classes thereof shall either not be conducted or be subject to specific safeguards.
    (vi) Prescribing procedures and safeguards to prevent accidents that may result in environmental pollution, as well as remedial actions for such accidents.
    (vii) Prescribing procedures and safeguards for the handling of hazardous substances.
    (viii) Investigating manufacturing processes, materials, and substances that may cause environmental pollution.
    (ix) Conducting and supporting investigations and research related to environmental pollution issues.
    (x) Inspecting premises, plants, equipment, machinery, processes, materials, or substances and issuing directives, as required, to authorities, officials, or individuals to take actions for the prevention, control, and mitigation of environmental pollution.
    (xi) Establishing or recognizing environmental laboratories and institutes to carry out functions delegated to them under this Act.
    (xii) Gathering and disseminating information on matters pertaining to environmental pollution.
    (xiii) Developing manuals, codes, or guides related to the prevention, control, and mitigation of environmental pollution.
    (xiv) Other actions that the Central Government deems necessary or expedient to ensure the effective implementation of this Act.
• Constitution of Authorities:
  • The Central Government may, when it deems necessary or expedient for the purposes of this Act, establish an authority or authorities, as specified in an official order published in the Official Gazette. These authorities shall exercise certain powers and functions of the Central Government under this Act, including the authority to issue directives under section 5. The functions and powers entrusted to these authorities shall relate to matters mentioned in sub-section (2) and shall be subject to the supervision and control of the Central Government, as specified in the order. The authority or authorities mentioned in the order may exercise these powers, perform these functions, or take these measures as if they were empowered by this Act to do so.

Appointment of Officers and Their Powers and Functions

• Designation of Officers:
  • The Central Government, without prejudice to the provisions of sub-section (3) of section 3, has the authority to appoint officers with suitable designations for the purposes of this Act. It can also delegate to these officers certain powers and functions as deemed appropriate.
• Control and Direction:
  • Officers appointed under sub-section (1) shall operate under the general control and guidance of the Central Government. If directed by the Central Government, they may also be subject to the authority or authorities established under sub-section (3) of section 3, or any other relevant authority or officer.

Authority to Issue Directives

• Irrespective of any other existing law but subject to the provisions of this Act, the Central Government can, in the execution of its powers and responsibilities under this Act, provide written directives to any individual, officer, or authority. These directives must be adhered to by the respective person, officer, or authority.
• Explanation: To avoid any confusion, it is clarified that the authority to issue directives under this section includes the power to:
  (a) Close, prohibit, or regulate any industry, operation, or process; or
  (b) Halt or regulate the supply of electricity, water, or any other service.

Rules Governing Environmental Pollution

• Rule-Making Authority:
  • The Central Government is empowered to establish rules through notification in the Official Gazette concerning any or all of the matters outlined in section 3.
• Scope of Rules:
  • In particular, and without limiting the above authority, these rules may encompass the following matters:
    (a) Setting standards for the quality of air, water, or soil in various areas and for various purposes.
    (b) Specifying maximum permissible concentration levels of various environmental pollutants, including noise, for different areas.
    (c) Defining procedures and safeguards for the handling of hazardous substances.
    (d) Imposing prohibitions and restrictions on the handling of hazardous substances in different regions.
    (e) Establishing prohibitions and limitations on the location of industries and the execution of processes and operations in different regions.
    (f) Defining procedures and safeguards for the prevention of accidents that could result in environmental pollution, along with provisions for addressing such accidents.

Emission Standards for Industrial Operations

Individuals involved in any industrial operation or process are prohibited from releasing or allowing the discharge of environmental pollutants beyond the standards that may be specified.

Compliance with Safeguards for Hazardous Substances

No individual shall manage or cause the management of hazardous substances unless they adhere to the prescribed procedures and comply with the specified safety measures.

Reporting to Authorities in Certain Instances

• If the release of environmental pollutants exceeds the prescribed standards due to an accident or unforeseen incident, the responsible party and the individual in charge of the site where the discharge occurred or is anticipated to occur are obligated to prevent or mitigate the resulting environmental pollution.
  (a) They must promptly inform the authorities or agencies as prescribed.
• Upon receiving information about such incidents, the relevant authorities or agencies must take necessary measures to prevent or mitigate environmental pollution as soon as possible.
• The expenses incurred by the authorities or agencies for these remedial actions, along with interest at a reasonable rate determined by the government, may be recovered from the responsible individual as land revenue or public dues.

Authority for Entry and Inspection

• Individuals authorized by the Central Government have the right to enter any premises at reasonable times, with necessary assistance, for various purposes:
  (a) To perform functions delegated to them by the Central Government.
  (b) To determine how these functions should be carried out or whether the provisions of this Act, its rules, or any notices, orders, directions, or authorizations issued under this Act are being complied with.
  (c) To examine and test equipment, industrial facilities, records, documents, or any other objects or conduct searches in buildings where they have reason to believe an offense under this Act or its rules has been, is being, or is about to be committed. They may seize such items if they believe they provide evidence of an offense under this Act or its rules or if seizure is necessary to prevent or mitigate environmental pollution.
• Anyone involved in an industry, operation, or process handling hazardous substances must assist the authorized person under sub-section (1) in carrying out their functions. Failure to do so without reasonable cause or excuse is an offense under this Act.
• Willful delay or obstruction of authorized persons in performing their functions under sub-section (1) is also an offense under this Act.
• The provisions of the Code of Criminal Procedure, 1973, or any corresponding law applicable in the State of Jammu and Kashmir or areas where the Code is not in force, shall apply, as far as possible, to searches or seizures under this section, similar to those conducted under a warrant issued under section 94 of the said Code or the corresponding provision of the said law.

Establishment of Environmental Laboratories

The Central Government may establish one or more environmental laboratories through an official Gazette notification. It can also recognize existing laboratories or institutes as environmental laboratories for the purpose of fulfilling the functions outlined in this Act. Rules specifying the functions, procedures for submitting samples, laboratory report formats, and associated matters may be issued by the Central Government.

Government Analysts

The Central Government can appoint or recognize individuals with the prescribed qualifications as Government Analysts through an official Gazette notification. These analysts are responsible for analyzing samples of air, water, soil, or other substances sent for examination at environmental laboratories established or recognized under Section 12(1).

Reports by Government Analysts

Reports signed by a Government analyst can serve as evidence of the facts mentioned in the report in any legal proceeding under this Act.

Penalties for Violations of Act, Rules, Orders, and Directions

• Anyone who fails to comply with or violates any provisions of this Act, its rules, orders, or directions may be subject to imprisonment for up to five years, a fine of up to one lakh rupees, or both for each violation. If the violation persists, additional fines of up to five thousand rupees per day can be imposed for each day of continued non-compliance after the initial conviction.
• If the violation continues beyond one year from the date of conviction, the offender may face imprisonment for up to seven years.

Offenses by Companies

• When a company commits an offense under this Act, the person directly responsible for and accountable to the company for its business conduct at the time of the offense, along with the company itself, will be deemed guilty and may be prosecuted and penalized accordingly. However, if such a person can prove that the offense occurred without their knowledge or that they took all reasonable precautions to prevent it, they may not be punished under this Act.
• Despite the provisions in subsection (1), if a company commits an offense under this Act and it can be proven that the offense occurred with the consent, connivance, or neglect of any director, manager, secretary, or other officer of the company, those individuals will also be considered guilty and subject to prosecution and penalties.

Offenses by Government Departments

• If a Government Department commits an offense under this Act, the Head of the Department will be considered guilty and may be prosecuted and penalized accordingly. However, the Head of the Department will not be liable for punishment if they can prove that the offense occurred without their knowledge or if they took all reasonable precautions to prevent it.
• Notwithstanding subsection (1), if a Government Department commits an offense under this Act and it can be proven that the offense occurred with the consent, connivance, or neglect of any officer, other than the Head of the Department, that officer will also be considered guilty and subject to prosecution and penalties.

Protection of Actions Taken in Good Faith

No legal action, including suits, prosecutions, or other proceedings, can be initiated against the Government, any government officer or employee, or any authority established under this Act, or any member, officer, or employee of such authority for any actions carried out or intended to be carried out in good faith in accordance with this Act, its rules, orders, or directions.

Cognizance of Offenses

Courts can only take up cases related to offenses under this Act when the complaint is filed by either the Central Government or an authorized authority or officer. Alternatively, a private individual may file a complaint, but only after giving notice of the alleged offense at least sixty days in advance, following the prescribed procedure, to the Central Government or the authorized authority or officer.

Information, Reports, or Returns

The Central Government has the authority to request reports, returns, statistics, accounts, and other information from individuals, officers, State Governments, or other authorities concerning its functions under this Act. These entities are legally obligated to provide the requested information.

Status of Members, Officers, and Employees of the Authority

All members of the authority established under Section 3, as well as officers and employees of that authority, are considered public servants when acting in accordance with the provisions of this Act, its rules, orders, or directions.

Jurisdictional Bar

Civil courts do not have jurisdiction to hear cases or proceedings related to actions taken, orders issued, or directions given by the Central Government, any other authority, or officer in the exercise of their powers or functions under this Act.

Delegation of Powers

The Central Government has the authority to delegate its powers and functions under this Act (excluding the powers to establish an authority under Section 3(3) and make rules under Section 25) to officers, State Governments, or other authorities. Such delegation may be subject to specified conditions and limitations.

Effect of Other Laws

• The provisions of this Act and its associated rules and orders take precedence and remain in effect despite any inconsistencies with other enactments, except as stated in subsection (2).
• If an act or omission constitutes an offense punishable under both this Act and any other Act, the offender, when found guilty, will be subject to punishment under the other Act and not this Act.

Power to Make Rules

• The Central Government can create rules, through an official Gazette notification, to facilitate the implementation of this Act.
• These rules can cover various aspects, including standards for the discharge of environmental pollutants, procedures and safeguards for handling hazardous substances, requirements for reporting environmental pollutant discharges, procedures for taking samples for analysis, qualifications for Government Analysts, and more.

Laying of Rules Before Parliament

Every rule created under this Act must be presented before both Houses of Parliament within thirty days of being made. If both Houses agree to modify or annul the rule during this period, the rule will either be effective in its modified form or have no effect, while any previous actions taken under that rule will remain valid.