Environment Protection Act

Main Provisions of Environment Protection Act

The EPA empowers the Centre to “take all such measures as it
deems necessary” in the domain of environmental protection.

 Under the law, it can coordinate and execute nationwide

programmes and plans to further environmental protection.
 It can mandate environmental quality standards, particularly
those concerning the emission or discharge of environmental
pollutants.
 This law can impose restrictions on the location of industries.
 The law gives the government the power of entry for
examination, testing of equipment and other purposes and
power to analyse the sample of air, water, soil or any other
substance from any place.
 The EPA explicitly bars the discharge of environmental
pollutants in excess of prescribed regulatory standards.
 There is also in place a specific provision for handling
hazardous substances, which is prohibited unless in
compliance with regulatory requirements.
 The Act empowers any person, apart from authorised
government officers, to file a complaint in a court regarding
any contravention of the provisions of the Act.

Introduction
 Overview: The Environment (Protection) Act (EPA) was enacted
in 1986 with the objective of providing the protection and
improvement of the environment.
 o It empowers the Central Government to establish authorities
charged with the mandate of preventing environmental pollution
in all its forms and to tackle specific environmental problems that
are peculiar to different parts of the country.
o The Act is one of the most comprehensive legislations with a
pretext to protection and improvement of the environment.
 Background: The roots of the enactment of the EPA lies in
the United Nations Conference on the Human Environment held
at Stockholm in June, 1972 (Stockholm Conference), in which
India participated, to take appropriate steps for the improvement of
the human environment.

o The Act implements the decisions made at the Stockholm

Conference.
 Constitutional Provisions:

o The EPA Act was enacted under Article 253 of the Indian
Constitution which provides for the enactment of legislation for
giving effect to international agreements.
o Article 48A of the Constitution specifies that the State shall
endeavour to protect and improve the environment and to
safeguard the forests and wildlife of the country.
o Article 51A further provides that every citizen shall protect the
environment.
 Coverage: The Act is applicable to the whole of India including the
state of Jammu & Kashmir.
Salient Features of the EPA Act
 Powers of the Central Government: The Central Government 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 in coordination with the State Governments.
 o The Central government is also empowered to:

 Plan and Execute a nation-wide programme for the

prevention, control and abatement of environmental
pollution.
 Lay down standards for the quality of environment in its
various aspects.
 Lay down standards for emission or discharge of
environmental pollutants from various sources.
 The restriction of areas in which any industries, operations
or processes or class of industries, operations or processes
shall/ shall not be carried out subject to certain safeguards.
o The Central Government may appoint officers under this
Act for various purposes and entrust them with the
corresponding powers and functions.
o The central government as per the Act has the power to direct:

 The closure, prohibition or regulation of any industry,

operation or process.
 The stoppage or regulation of the supply of electricity or
water or any other service.
 Restriction on Pollutant Discharge: No individual or organisation
shall discharge/emit or permit to discharge/emit any environmental
pollutant in excess of the prescribed standards.
 Compliance with Procedural Safeguards: No individual shall
handle or shall be caused to handle any hazardous substance
except in accordance with the procedure and without complying with
the safeguards, as prescribed.
 Powers of Entry and Inspection: Any person empowered by the
Central Government shall have a right to enter (with the assistance
deemed necessary) at any place:
 o For the inspection of compliance of any orders, notifications and
directions given under the Act.
o For the purpose of examining (and if required seizing) any
equipment, industrial plant, record, register, document or any
other material object may furnish evidence of the commission of
an offence punishable under this Act.
 Establishment of Environmental Laboratories: The Central
Government, as per the Act, is entitled to:

o Establish environmental laboratories.

o Recognise any laboratory or institute as environmental
laboratories to carry out the functions entrusted to such a
laboratory.

 The Central Government is also entitled to make rules

specifying the functions of environmental laboratories.
 Appointment of Government Analyst: A Government Analyst is
appointed by the Central Government for the analysing the samples
of air, water, soil or other substance sent to a recognised
environmental laboratory.
 Penalties for Offences: Non-compliance or Contravention to any of
the provisions of the Act is considered as an offence.

o Any offences under the EPA are punishable with the

imprisonment of upto five years or a fine upto one lakh rupees or
both.
 Offences by Companies: If an offence under this Act is committed
by a company, every person directly in charge of the company, at
the time of the commitment of offence, is deemed to be guilty unless
proven otherwise.
 Offences by Government Departments: If an offence under this
Act has been committed by any Department of Government, the
Head of the Department (HoD) shall be deemed to be guilty of the
 offence unless proven otherwise.

o Any officer, other than HoD, if proven guilty, shall also be liable
to be proceeded against and punished accordingly.
 Cognizance of offences: No Court shall take cognizance of any
offence under this Act except on a complaint made by:

o The Central Government or any authority on behalf of the

former.
o A person who has approached the Courts after a 60-day notice
has been furnished to the Central Government or the authority
on its behalf.
Drawbacks of the Act
 Complete Centralisation of the Act: A potential drawback of the
Act could be its centralization. While such wide powers are provided
to the Centre and no powers to the state governments, the former is
liable to its arbitrariness and misuse.
 No Public Participation: The Act also says nothing about public
participation as regards environmental protection.

o There is a need to involve the citizens in environmental

protection to check arbitrariness and raise awareness and
empathy towards the environment.
 Incomplete Coverage of Pollutants: The Act does not address
modern concept of pollution such as noise, overburdened transport
system and radiation waves which are also an important cause for
the deteriorating environment.
National Environment Appellate Authority (NEAA) and National Green
Tribunal (NGT)

 It was established by the Central Government under the The

National Environment Appellate Authority Act, 1997.
 NEAA was established to hear appeals regarding the restriction of
areas in which any industries, processes or operations shall be/shall
not be carried out subject to certain safeguards under the
Environment (Protection) Act, 1986.
 However, NEEA (along with the National Environment Tribunal)
was found to be inadequate giving rise to the demand for an
institution to deal with environmental cases more efficiently and
effectively.

o As a result, the National Green Tribunal (NGT) was

established in 2010 under the National Green Tribunal Act
2010 for effective and expeditious disposal of cases relating to
environmental protection.
o Along with the Environment (Protection) Act, 1986, NGT also
deals with civil cases under six other laws.