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.