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Env law

Envrnmnt – includes water air & lnd, and the inter relationship which
exist among and between water , air and land and human being , othr
living creatures, plant, micro organisms & property.
Envrnmntal pollutant – it means any solid liquid or gaseous substance
present in such concentration as may be or tend to be injurious to
envrnmnt.
Envrnmntal pollution – it means the pollution present in the env of
any envrnmntal pollutant.
Hazardous substance – it means any substance or preparation which
by reason of its chmical and physio chmical properties or handling is
liable to cause harm to human being, other living creature, plants,
micro organisms, property or the envrnmnt.
Occupier – it means in relation to any factory or premises it means a
person who has controlled over the affairs of the factory or the
premises, and includes in relation to any person, the person in position
of the substance.
Handling – it means in relation to any substance, the manufacturer,
processing treatment, package, storage, transportation use, collection,
destruction, conversion, offering for sale, transfer or the like of such
substance.

What measures have been taken in the environmental protection act


1986 for controlling the pollution of any kind?
The measures to control pollution
1. Powers of entry and inspection – sec 10(1) of the act has
provided that any person empowered by the central govt shall
have right to enter at all rsnbl time with such assistances as he
consider necessary any place – for the purpose of performing
any of the function of the central govt entrusted to him, for the
purpose of determining whether and if so, in what manner any
such function are to be formed or whether any prvsns of this act
or the rules made there under or any kind or any notice, order,
direction or authorisation served made, given or granted under
this act is being or has been complied with. C – for the purpose
of examine and taking any equipment, industrial plant, record,
register, document or any material object or for conducting a
search of any building in which he has rsn to blv that an offence
under this act or the rules made there under has been or is being
or is about to be committed and for seizing any such equipment.
He has rsn to blv that it may furnish evidence of this cmsn of an
offence punshbl under this act or the rules made there under or
that such seizure is ncsry to prvnt or mitigate envrnmntal
pollution.
Section 10(2) mandates that every person caring on any
industry, operation or process or handling any hazardous
substance shall be bound to render on assistance to the person
empwrd by the cntrl govt for carrying out the function mntnd
above and if he fails to do so without any rsnbl cause or excuse
he shl be guilty of an offence under this act.
Sec 10(3) prvds that if any person willfully delayed or obstruct
any person empwrd by the cntrl govt in the perfrmnc of his
function he shall be guilty of an offnc under this act.
Sec 10(4) makes certain provisions of crpc 1973 applicable
relating to search & seizure under this act.

2. Power to test sample and procedure to be flwd – sec 11


empowers the central govt or any officers of which authorised
by it, to take for the purpose of analysis samples of air water soil
or other substances frm any factory, premises or other place.
The result analysis of a sample taken shall not be admissible in
evidence in any legal proceeding unless the flwng rqrmnts are
complied with by the person taking the sample – serve a notice
on the occupier or if agent or person inchrg of d plc in searh
form as may be prescribed of his intention to hv it thruh analyse.
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
containers whch shl be mrkd and sealed and shall also be signed
both by d person taking the sample nd d occupier or his agent or
person. D – send without delay the container to the laboratory
established or recognised by the central govt.
e- when a smpl is taken for analysis nd the person taking d
sample serve on the occupier or his agent or person.

Section 12(1) prvds establshng or recognsng


labrotary fr the purps aforesaid. Sec 12(2) laids down for
making rules relating to function of such laboratory and other
ncsry matters. Sec 13 prvds for apntmnt of govt analyst by the
cntrl govt.
Sec 14 laids down that after prfrmng the analysis the analyst
will send his report to the govt and that any document
purporting to be report signed by the govt analyst may be used
as evidence under this act.

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