ENVIRONMENTAL

PROTECTION ACT 1986

THE ENVIRONMENTAL (PROTECTION) ACT, 1986

Chapter Chapter Section

No.
1 Preliminary 1 and 2
2 General powers of the Central 3 to 6
Government
3 Prevention, control and 7 to 17
abatement of environmental
pollution
4 Miscellaneous 18 to 26
THE ENVIRONMENTAL (PROTECTION) ACT, 1986
4 CHAPTERS

CHAPTER 2 CHAPTER 3 CHAPTER 4

CHAPTER 1 General powers of Miscellaneous
Preliminary the Central Prevention, control and
Government abatement of
environmental pollution

Sections Sections
1 and 2 Sections 18 to 26
Sections 7 to 17
3 to 6
INTRODUCTION

➢ THE ENVIRONMENT PROTECTION ACT was

passed in 1986 as an umbrella act to consider
environment in its totality
➢ Protection Of The Natural World Has Been An
Integral Part Of Indian Culture And Heritage.
➢ The Constitution Of India Places Responsibilities
On The State As Well As Citizens For Protection Of
Nature And The Living Beings Therein.
➢ After India attained Independence in 1947,
five-year planning was introduced from
1950-51 onwards.
➢ The First Five Year Plan gave
agriculture the primacy. Since then
Industrial Growth was at the centre stage
of growth and job creation.
➢ The service sector has recently been an
Engine of Growth and Employment
OBJECT OF ACT

Implement decisions taken at UN conference

on Human Environment held at Stockholm in
June 1972

Take appropriate steps for protection &

improvement of human environment

To prevent hazards to humans, other living

creatures, plants and property
CONSTITUTIONAL PROVISIONS
The Article 48A: The State shall
endeavour to protect and improve the
environment and safeguard the forests and
wildlife of the country;
Article 51A (g): Fundamental duty of
every citizen to protect and improve the
natural environment, including forests,
lakes, rivers and wildlife and to have
compassion for living creatures.
ENVIRONMENT ACT, 1986
This is an umbrella Act for the protection and
improvement of environment and for matters connected
with it.
This Act has given the Central Government power to
take all measures it deems necessary for protection and
improving the environment and preventing, controlling
and abating environmental pollution.
The Act provides that no person carrying on any
industry, operation or process shall discharge or emit
any environmental pollutant in excess of such standards
as may be prescribed.
DEFINITIONS
 • includes water, air and land
• inter- relationship between water,
ENVIRONMENT air and land, and human beings,
other living creatures, plants, micro-
organism and property

• any solid, liquid or gaseous substance

ENVIRONMENTAL present in such concentration as may
POLLUTANT be, or tend to be, injurious to
environment

• means the presence of any

ENVIRONMENTAL
POLLUTION environmental pollutant in the
environment
 • relation to any substance, means the
manufacture, processing, treatment,
package, storage, transportation, use,
HANDLING collection, destruction, conversion,
offering for sale, transfer or the like of
such substance
• any substance or preparation which, by
reason of its chemical or physio-chemical
HAZARDOUS properties or handling, is liable to cause
SUBSTANCE harm to human beings, other living
creatures, plant, micro-organism, property
or the environment

• relation to any factory or premises, means

a person who has control over the affairs of
OCCUPIER the factory or the premises and includes in
relation to any substance, the person in
possession of the substance
SECTION 3 POWER OF CENTRAL
GOVERNMENT TO TAKE MEASURES
TO PROTECT AND IMPROVE
ENVIRONMENT

POWER of central government to take measures to

protect and improve environment
Co- ordinate actions taken by
State Government

Laying standards for

emission/discharge

Nation-wide program

Restriction of area of industries

Lay down procedures and safeguards

for prevention of accident
Lay down procedures and safeguards for
handling of hazardous substances
Examination of harmful
material
Laying Standards for quality of
environment

Information dissemination

Sponsor investigation and

research
SECTION 4 APPOINTMENT OF
OFFICERS AND THEIR POWERS
AND FUNCTIONS -

POWER of central government to appoint

officers for the purpose of entrusting on them
such of the powers and functions prescribed
under the EP Act.
SECTION 5 POWER TO
GIVE DIRECTIONS

Central Government has powers to issue

DIRECTIONS for
✓ The closure prohibition or regulation of an
industry, operation or process
✓ Stoppage or regulation of supply of electricity ,
water or any other essential services
SECTION 6 RULES TO REGULATE
ENVIRONMENTAL POLLUTION
Standards of quality of air, water, soil
Maximum allowable limit of pollutants
Procedure and safeguards related to
handling of hazardous matter
Prohibition and restriction and handling of
hazardous matter
Location of industry
Related to accidents
SECTION 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 POLLUTANT in excess of
such standards as may be prescribed
SECTION 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
SECTION 9 FURNISHING OF
INFORMATION TO AUTHORITIES AND
AGENCIES IN CERTAIN CASES
It not only makes it obligatory on the parties polluting
the environment to INFORM ABOUT ANY
ACCIDENT and to provide for all information
required but also casts a duty on the polluter or the
potential polluter to TAKE REMEDIAL OR
PREVENTIVE ACTION and also to assist the
Authorities to mitigate pollution.
SECTION 10 POWERS OF ENTRY
AND INSPECTION
✓ Provides WIDE RANGE OF POWERS of
entry inspection, examinations, testing of any
equipment industrial plant, record, registers,
documents etc.
✓ It also given power to the authority concerned,
of SEARCH, SEIZURE necessary to prevent
or mitigate environmental pollution.
SECTION 11-12-13-14
POWER TO TAKE SAMPLE AND
PROCEDURE TO BE FOLLOWED

Deals with POWERS OF TAKING SAMPLES

✓ Their analysis establishment of environmental
Laboratories
✓ Methods of taking samples
✓ Qualifications of analysts
SECTION 15 PENALTY FOR
CONTRAVENTION OF THE
PROVISIONS OF THE ACT AND THE
RULES, ORDERS AND DIRECTIONS

This is a PENAL PROVISION OF

IMPRISONMENT FOR A PERSON WHO
CONTRAVENES the provisions of this Act,
or rules or directions made there under.
PENALTY FOR CONTRAVENTION OF THE
PROVISIONS OR RULES

IMPRISONMENT- UPTO 5
YEARS with fine of 10 LAKH
RUPEES or extend to 7
YEARS
SECTION 16
OFFENCES BY COMPANIES
SECTION 17
OFFENCES BY GOVERNMENT
DEPARTMENTS
SECTION 19
Court can take COGNIZANCE OF
any OFFENCES under this Act only on
a complaint made by
Director, Joint Secretary, Advisor Or Additional
Secretary In Dept. Of Environment, Forest, &
Wildlife

Chairman or Member Secretary of CPCB

Secretary to the Government Of State

Department Of Environment

Zonal officers of CPCB

Regional officers of SPCB

SECTION 22 BAR OF
JURISDICTION

❑ BAR on jurisdiction of civil courts – “ no civil

court shall have jurisdiction to entertain any suit
or proceeding 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 the EP
THE ENVIRONMENTAL
(PROTECTION) RULES 1986

The Central Government in exercise

of powers conferred by sections 6 and
25 of the EP Act made the Environment
Protection Rules in the year 1986. the
EP Rules has 14 rules and 7 schedules.
SCHEDULE I
• Prescribes standard for emission or discharge of
Environmental Pollutants from industries, operations
or process

SCHEDULE II
• Was omitted by a notification dated 31-12-
1993
SCHEDULE III
• Prescribes ambient air quality standards in
respect of noise

SCHEDULE IV
• Prescribes standards for emission of smoke,
vapour etc from motor vehicles
SCHEDULE V
• Provides a list of authorities or agencies to be
intimated in case of discharge of any
environmental pollutant in excess of
prescribed standards

SCHEDULE VI
• Prescribes general standards for discharge of
environmental pollutants
SCHEDULE VII
• Prescribes the national ambient air Quality
standards (NAAQS)
RULE 3

POWER to describe standards

To specify more stringent standards than
prescribed in the schedules mentioned above
in respect of
✓any specific industry
✓Operation or process
✓Depending upon the quality of the
recipient systems.
RULE 5
Prohibiting or restricting the location of
industries

With Standards for quality of environment

respect
to
Maximum allowable limits of concentration of
various environmental pollutants

Likely emission or discharge of environmental

pollutant from an industry, process, or operation
proposed to be prohibited or restricted
Cont.. The topographic &
climatic features of an area

The biological diversity of

area

Environmentally
compatible land use
Cont.. Net adverse environmental impact likely to be
caused by an industry, process or operation

Proximity to human settlements

Proximity to a protected area under Ancient

monuments & archaeological sites & remains
act 1958 or a sanctuary, national park, reserve
or closed area notified under the wild life
protection act etc.
RULE 9
ENVIRONMENTAL LABORATORY
Functions:

Evolve standardised methods for sampling

and analysis

To analyse samples sent by Central

government or by their officers

Carry out investigations

Lay down standards for quality of
environment & discharge of environmental
pollutants

To monitor and to enforce standards

laid down

To send periodical reports regarding its

activities to the central government
IMPORTANT RULES AND
NOTIFICATIONS MADE UNDER THE
EP ACT
• Rules for manufacture, use, import, export & storage
of hazardous micro organisms, genetically engineered
1993 organisms or cells

• Recognised labs under Rules for manufacture, use,

import, export & storage of hazardous micro
1993 organisms, genetically engineered organisms or cells

• Hazardous waste (management & handling) rules, as

amended in 2000
1989
 • Manufacture, storage and import of
1989 Hazardous Chemical Rules

• Bio- medical wastes (Management

1998 And Handling) Rules

• 2 T Oil ( Regulation of Supply And

1998 Distribution) Order

• Recycled plastics (Manufacture And

1999 Usage) Rules
 • Environment (siting for industrial projects)
1999 Rules

• The Noise Pollution (Regulation And Control)

2000 Rules

• Ozone Depleting Substances (Regulation And

2000 Control) Rules

• The Municipal Solid Wastes (Management And

2000 Handling) Rules

• Batteries ( Management And Handling) Rules

2001
 • Notification relating to the
delegation of powers of
1981 CPCB

• Eco-labeling notifications
1991

• Environmental impact
1994 assessment notifications

• Public hearing notification

1997
 • Coastal regulation zone notifications

1991
• National coastal zone management

1991 authority notification

• Notification relating to prohibition &

2003 restriction of handling of hazardous

substances in different cases

• Notification relating to prohibition

2006 against open burning of waste oil

 • Officers/ agencies authorised to
1996 enter premises for inspection
notification

• Officers/agencies authorised to
2013 take samples notification

• Officers authorised for taking

1986 cognizance of offence
notification

• Notification relating to
1991 environmental laboratories and
analysts
 • Notification relating to
prevention of dumping and
1999 disposal of fly ash

• Taj trapezium zone

pollution (prevention and
1996 control) authority
notification

• Aqua-culture Authority
Notification
2005
THANK YOU