The Environment

(Protection) Act 1986

DEEPAK R. TONGLI
ADVOCATE & FACULTY OF LAW

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CONTENTS

❖ INTODUCTION

❖ OBJECTIVES

❖DEFINATIONS

❖SOURCES AND CAUSES FOR THE POLLUTION

❖ STATE BOARD

❖CENTRAL BOARD

❖OFFICERS

❖ POWERS OF THE CENTRAL GOVERNMENT

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❖ RULES TO REGULATE ENVIRONMENT POLLUTION

❖ PREVENTION, CONTROL, AND ABATEMENT OF

ENVIRONMENTAL POLLUTION

❖ ENVIRONMENTAL LABORATORIES

❖ QUALIFICATIONS OF GOVERNMENT ANALYST

❖ FUNCTIONS OF ENVIRONMENTAL LABORATORIES

❖ PENALTY

❖ CONCLUSION

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 INTRODUCTION

An Act to provide for the protection and improvement of

environment and formatters connected therewith.

Whereas the decisions were taken at the United Nations

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.

The Environment (Protection) Act 1986 was introduced after the

Bhopal gas tragedy during Rajiv Gandhi was the Prime Minister of
our country.

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 OBJECTIVES
 To protect the forests and wildlife in the country.

 To improve the quality of life by protection of

environment.

 To co-ordinate the activities of the various regulatory

agencies already in existence.

 To appoint environment officers to check environmental

pollution.

 Establishing environmental laboratories.

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 DEFINITIONS

 Environment-

Environment it includes water, air and land

and the inter relationship which exists between water, air and
land and human being, other living creatures, plants, micro
organisms and property.

 Environment pollutant-

It means any solid, liquid or gaseous

substance present in such concentration as may be injurious
to environment pollutant.
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 Hazardous substance -

It means any substance or preparation which, by

reason of its chemical or physico-chemical properties or handling, is
liable to cause harm to human beings, other living creatures, plant,
micro-organism, property or the environment.

 Environment pollution -

It means the presence of any environmental

pollutant in the environment. It includes all extraneous materials
that are harmful to human being ,animals and plants life.

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 SOURCES AND CAUSES FOR THE
POLLUTION
• Combustion
• Construction
• Mining
• Agriculture
• Chemical plants
• Coal-fired power plants
• Oil refineries
• Petrochemical plants, Nuclear waste
• Large livestock farms (dairy cows, pigs, poultry, etc.)
• PVC factories
• Plastics factories and other heavy industry are increasingly
significant in the pollution equation.
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 STATE BOARD
➢Chairman

➢Representative of the State Govt. (not exceeding five)

➢Representative of local bodies (not exceeding five)
➢Representative of companies or corporations owned, controlled or
managed by the State Govt. (two)
➢Representative have interests of agriculture, fishery or industry or
trade etc. (not exceeding three)
➢Member Secretary:

➢(Full time possessing qualifications, knowledge and experience of

scientific, engineering or management aspects of pollution control.)

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 CENTRAL BOARD
➢ Chairman
➢Representative of the Central Govt. (not exceeding five)
➢Representative of State Govt. (not exceeding five)
➢Representative of companies or corporations owned, controlled or
managed by the Central Govt. (two)
➢Representative have interests of agriculture, fishery or industry or
trade etc. (not exceeding three)
➢Member Secretary

(Full time possessing qualifications, knowledge and experience of

scientific, engineering or management aspects of pollution
10 control.)
 OFFICERS

 Central Government may appoint officers with

such designation 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.

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 POWERS OF THE CENTRAL
GOVERNMENT

1. Laying down standards for the quality of environment in its

various aspects.

2. Planning and execution of a nation-wide programme for the

prevention, control and abatement of environmental pollution.

3. Laying down standards for emission or discharge of

environmental pollutants from various sources.

4. Restriction of areas.

5. Laying down procedures and safeguards for the handling of

hazardous substances.

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7. Examination of such manufacturing processes, materials and
substances which are likely to cause environmental pollution.

8. Inspection of any premises, plant, equipment, machinery,

manufacturing or other processes, materials or substances.

9. Establishment or recognition of environmental laboratories and

institutes.

10. Collection and dissemination of information in respect of matters

relating to environmental pollution.

11. Preparation of manuals or guides relating to the prevention, control

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and abatement of environmental pollution.
 RULES TO REGULATE ENVIRONMENT
POLLUTION

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.

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.

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c) The procedures and safeguards for the handling of hazardous
substances.

d) The prohibition and restrictions on the handling of hazardous

substances in different areas.

e) The prohibition and restriction on the location of industries and the

carrying on process and operations in different areas.

f) The procedures and safeguards for the prevention of accidents which

may cause environmental pollution and for providing for remedial
measures for such accidents

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PREVENTION, CONTROL, AND ABATEMENT
OF ENVIRONMENTAL POLLUTION

 Persons carrying on industry operation, etc., not to allow emission or

discharge of environmental pollutants in excess of the standards.

 Persons handling hazardous substances to comply with procedural

safeguards

 Furnishing of information to authorities and agencies in certain cases

 Powers of entry and inspection

 Power to take sample and procedure to be followed in connection therewith

 Environmental laboratories
ENVIRONMENTAL LABORATORIES

 Central Laboratory, Maharashtra Pollution Control Broad, CIDCO

Bhawan, 5th Floor, South Wing, Belapur -C.B.D. Navi Mumbai -
400 614.
 Central Laboratory, Maharashtra Pollution Control Board, Army &
Navy Building, Ground Floor, 148, M.G.Road, Fort, Mumbai - 400
023.
 Environmental Survey Laboratory, Nuclear Power Corporation,
Tarapur Atomic Power Station, P.O. TAPP. District Thane - 401
504
 Environmental Survey Laboratory, Health Physics Division,
Bhabha Atomic Research Centre, Trombay, Mumbai - 400 085.
 Chemical Laboratory, Indian Beauro of Mines, Ore Dressing
Division, New Secretariat Building, Civil Lines, Nagpur - 440 001

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 QUALIFICATIONS OF GOVERNMENT
ANALYST

a) Graduate in science from a recognized university with five year’s

experience in a laboratory engaged in environmental investigations,
testing or analysis; or

b) Post-graduate in science or a graduate in engineering or a graduate in

medicine or equivalent with two year’s experience in a laboratory
engaged in environmental investigations, testing or analysis; or

c) Post-graduate in environmental science from a recognized university

with two year’s experience in a laboratory engaged in environmental
investigations, testing or analysis.
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 FUNCTIONS OF
ENVIRONMENTAL
LABORATORIES
➢ To evolve standardized methods for sampling and analysis
of various types of environmental pollutants.
➢ To analyze samples sent by the Central Government or the
officers empowered under sub-section (1) of section 11.
➢ To carry out such investigations as may be directed by the
Central Government to lay down standards for the quality of
environment and discharge of environmental pollutants, to
monitor and to enforce the standards laid down.
➢ To send periodical reports regarding its activities to the
Central Government.
➢ To carry out such other functions as may be entrusted to it
by the Central Government from time to time.
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 PENALTY

a) 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 to
five years with fine which may extend to one lakh rupees, or with
both, and in case the failure or contravention continues, with
additional fine which may extend to five thousand rupees for every
day during which such failure or contravention continues after the
conviction for the first such failure or contravention.

b) If the failure or contravention referred to in sub-section (1)

continues beyond a period of one year after the date of conviction,
the offender shall be punishable with imprisonment for a term
which may extend to seven years.
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2. Offences by companies
(1) Where any offence under this Act has been committed by a
company, every person who, at the time the offence was
committed, 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

(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. 21
3. Offences by Government Departments

1) (1) Where an offence under this Act has been committed by any Department of
Government, the Head of the Department shall be deemed to be guilty of the
offence and shall be liable to be proceeded against and punished accordingly.

2) (2) Notwithstanding anything contained in sub-section (1), where an offence under

this Act has been committed by a Department of Government 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 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 against and punished accordingly.
 7/15/202
Sagar Savale 23
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