The EPA, 1986 was passed under the provisions of Art.
253 of the Constitution to achieve following objects:
To implement the decisions taken at the United Nations
Conference on the Human Environment held at
Stockholm in June, 1972.
To enact a general law on environmental protection
which could cover uncovered gaps in the areas of major
environmental hazards.
The existing laws were more specific in nature
and concentrated on a more specific type of
pollution and specific categories of hazardous
substances rather than on general problems that
chiefly caused major environmental hazards.
To coordinate activities of the various regulatory
agencies under the existing laws.
Regulation of discharge and handling of
hazardous substances.
To provide for the creation of an authority or
authorities for environmental protection.
To give the widest possible powers to the Central
Government to take measures to protect and improve
the environment.
To provide for deterrent punishment to those who
endanger human environment, safety and health.
(a) "environment" includes
water,
air and
land and
the inter-relationship which exists among and between water, air and land,
and human beings, other living creatures, plants, micro-organism and
property.
(b) "environmental pollutant" means
any solid, liquid or gaseous substance
present in such concentration as may be, or tend to be,
injurious to environment.
(c) "environmental pollution" means the presence in the environment of any
environmental pollutant.
(e) "hazardous substance" means
any substance or preparation which, by reason of its
chemical or
physio-chemical properties or
handling, S. 2(d)
is liable to cause harm to
human beings, other living creatures,
plant, micro-organism,
property or the environment;
The salient features of the act are:
This Act has been brought into force on Nov. 19, 1986.
This Act is applicable to the whole of India including the
state of J&K.
Jurisdiction of civil courts is barred under this Act.
It is umbrella legislation enacted to provide for the Central
Government coordination over the central and state
authorities established inter-alia under the Water Act, 1974
and Air Act, 1981.
The central government shall have the power to take all
such measure as it deems necessary or useful for the
purpose of
i. protecting and improving the quality of the
environment and
ii. preventing, controlling and decreasing environmental
pollution.
No person carrying on any industry, operation or
processes shall discharge or emit any environmental
pollutants or permit to do so in excess of such standards
as may be prescribed.
No person shall handle or cause to be handled any
hazardous substances except in accordance with such
procedure and after complying with such safeguards as
may be prescribed.
The Central Government or any officer empowered
by it, shall have power to take, for the purpose of
analysis, sample of air, water, soil or other substances
from any premises, factory etc. as may be prescribed.
Whoever fails to comply with or violate any of the
provisions of this Act or the rules made or orders or
directions issued there under shall in respect of each
such failure or violation be punishable with
imprisonment or with fine or with both.
Section 3 of the EP Act confers powers on the Central
Government to:
Take all necessary measures for protecting the quality of the
environment,
Co-ordinate actions of States, officers and other authorities
under this Act,
Plan and execute a nation-wide programme for the
prevention, control and abatement of environmental
pollution,
Lay down standards for discharge of environmental
pollutants,
Empower any person to enter, inspect, take samples
and test,
Establish or recognize environmental laboratories,
Appoint or recognize government analysts, lay down
standards for quality of the environment,
Restrict areas in which any industries, operations or
processes may not be carried out subject to certain
safeguards,
Lay down safeguards for the prevention of accidents
and take remedial measures in case of such accidents,
Lay down procedures and safeguards for handling
hazardous substances,
Constitute an authority for exercising powers,
Issue directions to any person, officer or authority
including the power to direct closure, prohibition or
regulation of any industry, operation or process,
Require any person, officer or authority to furnish any
prescribed information and
Delegate powers to any officer of a state or authority
The Central Government may, by order,
published in the Official Gazette, constitute an
authority or authorities, for the purpose of
exercising and performing such of the powers
and functions of the Central Government
under this Act. – S.3(3)
The 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. – S.4
Vellore Citizens Welfare Forum v. Union of India
(AIR 1996 SC 2715) – the main purpose of the E.P.
Act was to create an authority or authorities under
sec. 3 (3).
A.P. Pollution Control Boards v. M.V. Naidu (AIR
1999 SC 812) – the S.C. noticed the notifications
issued by the central govt. constituting authorities.
S. Jagannath v. Union of India (AIR 1997 SC 811) -
issued directions to constitute authorities under sec.3
(3) for protecting and improving ecologically fragile
areas.
M.C. Mehta v. Union of India ( AIR 1998 SC 617) -SC
expressed satisfaction in creating Environment
Pollution (prevention and Control) Authority.
Central Government has got powers to issue
directions in writing to any person, officer or
any authority and such person, officer or
authority shall be bound to comply with such
directions.
The directions issued by the Central Government
under this section includes
a) the closure, prohibition or regulation of any industry,
operation or process; or
b) stoppage or regulation of the supply of electricity or
water or any other service.
The SC stated that the central govt. is empowered to take all
measures and to issue such directions for the purpose of
protecting the environment, preventing and controlling
pollution.
The power of the central govt. includes the power to give
directions for the removal of sludge, for undertaking
remedial measures and also the power to impose the cost of
remedial measures on the offending industry etc.
The Central Government may make rules pertaining to
following aspects:
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;
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.
The powers of Central Government to ensure the compliance
with the Act include:
a) The power of entry for examination and testing of any
equipment, industrial plant, record, register, document or any
other material object or
b) for conducting a search of any building in which he has
reason to believe that an offence under this Act or the rules
made there under has been or is being or is about to be
committed and
c) seize any such equipment, industrial plant, record, register,
document or other material object if he has reason to believe
that it may furnish evidence of the commission of an offence
The Central Government shall have power to take
samples of air, water, soil or other substance from any
factory, premises or other place in such manner as may
be prescribed for the purpose of analysis.
The result of any analysis of a sample shall be
admissible in evidence in any legal proceeding
provided the conditions mentioned under the provision
are complied with. These are:
The person taking the sample shall
a) serve a notice on the occupier or his agent or person
in charge of the place of his intention of analysis;
b) collect the sample for analysis in the presence of the
occupier or his agent or person;
c) cause the sample to be placed in a container or
containers which shall be marked and sealed and
shall also be signed both by the person taking the
sample and the occupier or his agent or person;
d) send without delay, the container or the containers to
the laboratory.
The Central Government may
a) establish one or more environmental
laboratories;
b) recognise one or more laboratories or
institutes as environmental laboratories to
carry out it’s functions.
The Central Government may also make rules
specifying-
a) the functions of the environmental laboratory;
b) the procedure for the submission to the said laboratory
of samples of air, water, soil or other substance for
analysis or tests, the form of the laboratory report
thereon and the fees payable for such report;
c) such other matters as may be necessary or expedient to
enable that laboratory to carry out its functions.
Section 15 prescribes the penalties for offences under the Act .
Failure to comply with or contravention of any provision of
the Act or rules made or orders or directions issued for which
no penalty is provided.
Liability: Shall not be less than Rs. 10,000 but may extend to
15 lakh rupees.
The Act imposed an additional penalty of up to Rs. 10,000 for
every day of continuing violation.
Section 15-A: Penalty for contravention by Companies
Section 15-B: Penalty for contravention by Government
Department
Section 15-C: Adjudicating Officer
Section 15-D: Appeal
Section 15-E: Penalty amount to be credited to Environmental
Protection Fund
Section 15-F: Offence for failure to pay penalty or additional
penalty
No Court shall take cognizance of any offence under this Act
except on a complaint made by:
◦ The Central Government or any authority/officer on behalf
of the former
◦ Adjudicating Officer or any officer authorized by him in this
behalf
◦ 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.
