LECTURE-VII

THE ENVIRONMENT
(PROTECTION) ACT, 1986
(Environment Act)
The burning problem of the present day is the environmental
pollution. In pursuance of the Stockholm Declaration, 1972, several
legislations were passed for protection and improvement of the
environment. According to N.D. Tiwari Committee's Report, nearly
200 Central and State legislations are passed in India. Prominent
among them are 12, of which the present Act is of great significance
and importance. The Act aims to implement the recommendations
of the Stockholm Declaration on the protection and
improvement of
environment.
Salient features:-The Environment (Protection) Act, 1986
(hereinafter called the Act) contains 26 sections and divided into four
chapters. The Act aims to achieve the objects, which the Water
(Prevention and Control of Pollution)Act, 1974 and Air (Prevention
and Control of Pollution)Act, 1981, failed to achieve. The Ministry
of Forests and Environment is entrusted with the
responsbility to
implement the provisions of the Act. The Central Government
appointeda Standing Committee consisting of 42 members, headed
by V.Narayan Swami to examine the working of the Mihistry. The
committee reported that the functioning of the Ministry was not
satisfactory.
1. Prelimináry:-Chapter-I of the Act relates to 'Preliminary'.
It contains twosections. Section 1 refers to short title, extent and
- Commencement. The Act is a territorial law, extends to the whole
of India including the State of Jammu and Kashmir, and empowers
the Central Government to fix different dates for application of
the provisions of the Act for different areas. Section 2defines
various expressions used in the Act, viz.: a) environment; b)
environmental pollutant; c) environmental pollution; d) hazardous
substance etc. (Please refer pageNo. 1-4Lecture-I for the definitions).
74
 The
Environment
2.General
Powers of f
(theProtection) Act, 1986 75

3to66under Chapter-II Central

of the Act confer
to
power take measures to
3(1) empowers the
asit deems
necessary or
protect
Central
and
improve
Government
expedient for
to
Government:Sections
Confer on the Central
envi
take r Government
onment
all such . Section
quality of
environment and
and pi protecting and measures
environmental pollution. preventing, controllingimproving the
and abating
According
Central
to Sec. 3(2) of the
Act,
Act, the
the
i) Government
mayinclude all
or any measures
one taken by the
Co-0rdination of actions by the
and other authorities:
of
State
the
following:
(a) under this Act or the Govermments, offices
(b) under any rules made
relatable to
law for the time
being thereunder;
in
or
(ü) planning and the objects of this Act: force, which is
prevention, execution of a
nation-wide
(i)) laying down
control and abatement of programme
environmental
for the
standards for the quality of pollution;
various aspects; environment in its
(iv) laying down
standards for emission or discharge of
environmental
(V) restriction pollutants from varioussources;
of areas in which
industrial
shall not be caried out or shall operations
be carried
or processes
out with necessary
safeguards;
(M) laying down procedures and
safeguards to prevent accidents
resulting in environmental pollution
for such accidents; and remedial measures
( ) laying down procedures and
of hazardous substances; safeguards for the handling
(viü) exami ning the manufacturing processes, materials and
suostances likely to cause environmental pollution;
(ix) carrying out and sponsoring investigations and research
relating to problems of environmental pollution;
(x) inspection of any premises, plant, equipment, machinery
CC. and directing/ordering the concerned authorities to
 nVironmental Law
take necessary steps for the prevention, control and
abatement of environmental pollution:;
(X1) establishment or recognition of environmental laboratories
and institutes and to supervise the work entrusted to them
under the Act;
(xii) collection and dissemination of information in respect of
matters relating to environmental pollution:
(xiii) preparation of manuals, codes or guides relating to the
prevention, control and abatementof environmental pollution
and
(xiv) such other matters as the Central Government deems
necessary or expedient for the purpose of securing the
effective implementation of the provisions of this Act.
In exercise of the provisions under Sec. 3(2) of the Act, the
Supreme Court in M.C. Mehta vs. Union of lIndia, AIR 1992 SC
382, directed all cinema halls toexhibit slides on
environmental
pollution free of cost andRadio and T.V. for transmission of such
information in national and regional languages.
Section 3(3) of the Act empowers the Central Government to
constitute an authority or authorities to issue necessary directions to
the polluters to take necessary steps.
Section 4 empowers the Central Govermment to appoint officers
with such designations, functions and powers. They are under the
direct control of the Central Government or under the
authority
constituted by the Central Government. According to
Sec. 5, the Central Govt. can confer power on the authority
toissue such directions as to closure or regulation of any industry:
Sec. 6empowers the Central Government to formulate thi
rules on all or any matter referred to in Sec. 3(2),
3. Prevention,Control and Abatement of Environmenta
Pollution: Sections 7 to 17 under Chapter-III lay down t
provisions relating to prevention, control and abatement o
 The
environmental pollution.
Environment (Protection) Act, 1986 77

According to Sec. 7,
.11 not
discharge persons
or emit or carrying on
any
environmental permit to be hazardousorprocesses
quantity. Sec. 8 pollutant excess of the
insists
in discharged
prescribed emitted,
substances to
comply with upon
the
the persons standard/
handling hazardous
Section says that where the
9 procedural safeguards.
pollutant in excess of discharge of any
accident or other cause, theprescribed standard takesenvironmental
the
person incharge place due to
of the place is
to prevent or mitigate the pollution as: a bound
andshall also forthwith: consequence of such discharge
(a) intimate the
matter to the concerned
(b) be bound, if called authorities and
upon to render assistance to
authorities or agencies as may be prescribed. such
Onthe receipt of the
information, the authorities or agencies
shall as early as possible cause such remedial measures to be taken
to prevent or mitigate the
incurred in this connectionenvironmental pollution.
can be recovered fromExpenses,
if any,
caused the pollution. the person who
Power of Entry and
Central Governmentcan empower Inspection:According
any
to Sec. 10, the
at all reasonable times to inspect any person to enter any industry
place, plant,
etc. The occupier is bound to make necessary equipment, records
Tender necessary assistance. If the occupier/ownerarrangements and
wilfully obstructs
the inspection officials from performing their
of committing an offence duties, he shall be guilty
under the Act.
Sec. 11 empowers the Central Govt. orthe authorised officer
to
take/colof leanalysis.
urpose ctsamples of air, water, soil or other substances for the
Sec. 12 makes provision for establishment of
One or more
environmental laboratories or institutions by the Central
theGovermment tby notification in the Official Gazette. Sec. 13 empowers
Central Govermment, to appoint Government Analysts for analysing
the Samples
Teports collected
(Sec. 14).signed
Iby the
(air, water,
water, soil or other substance). The
evidence
analyst may be used as documentary
 Environmental Law
78

Penal Provisions: Sec. 15 lays down penal provisiOng.

Whoever fails to comply with with or contravenes any provision of
be punishable with imprisonment for the term, which the
Act, shall may
extend to five years or with fine which may extendi to one lakh upees
or with both. In case, the failure or contravention continues, an
imp0sed.
additional fine of Rs. 5,000/- per day shall be
Miscellaneous Provisions;-Sections 18Bto 26 under
IV of the Act lay down the
miscellaneous provisions. Sec.
18 Chaplsayser
that "no suit, prosecution or other legal proceedings shall lie agains
Govt..or authority under
the Govt. or any officer or employee of the
the Act for acts done in good faith. Sec. 19 deals with cognizance
of offences. No court shall take cognizance of any offence unda
the Act except on a complaint made by: (a) the Govt. or its authority
or an officer; or (b) a person who has served a notice of 60 da
to lodge a complaint against the alleged offence.
According to Sec. 21, allthe members,officers and employees
of the authority constituted under Sec. 3 are "Public Servants" under
Sec. 21 of the Indian Penal Code. Sec. 22 speaks about 'Bar of
Jurisdiction'. No civil court shall have jurisdiction toentertain any
suit or proceeding against the order or direction of the Central
Government or an authority constituted by the Central Govemmen.
or an officer appointed by the Central Government under the Act
Power to make Rules: Sec. 25 of the Act empowers the
Central Government to make rules. The Central Govt. may, by
notification in the Official Gazette, make rules for carrying out the
purposes/objects ofthe Act. Sections 7, 8,9, 11, 12, 13 and 19 deal
with the rules. Finally, Sec. 26 says that the rules made under the
Act shall be laid/placed before each house of the Parliament for
approval.
Questions and How to Answer
1. What are the salient features of the Environment (Protectiot
Act, 1986? Is it in any way an improvement Over the existin!
legislations. (A.U. Model Question Paper. Part-B. 0. No.1).
A)Write Lecture VII in brief and highlight its improveme
over other legislations viz. Water Act, Air Act etc. which failed"
achieve the objects pertaining to environmental protection.