Posted by: PARTHA DAS SHARMA | April 1, 2010

THE ENVIRONMENT PROTECTION ACT, 1986 (IN INDIA)

INTRODUCTION…..

In 1980, the Deptt. of Environment was established in India. Later on it became the Ministry of Environment and Forests in 1985. EPA,1986 came into force soon after the Bhopal Gas Tragedy.

OBJECTIVE……

Objective is, to provide the protection and improvement of environment. In EPA, article 48A, specify that the State shall protect and improve the environment.

Also, to safeguard the forests and wildlife of the country. Acc. to sec 51(A) every citizen shall protect the environment. EPA is applicable to whole India, including J&K.

IMPORTANT TERMINOLOGY….

“Environment” It includes water, air, and land and the interrelationship which exists among and between water, air and land and human beings, other living creatures, plants, microorganism and property. “Environmental Pollutant” means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be injurious to environment.

“Environmental pollutant” means any solid, liquid or gaseous substances present in such concentration as may be or tend to be injurious to environment and human being. “Hazardous Substance” means any substance or preparation which, by reasons of its chemical or physico-chemical properties, is liable to cause harm to human beings or other living creatures. “Handling” In relation to any substance, it means the manufacturing, processing, treatment, packaging, storage, transportation, use, collection, destruction, conversion, offering for sale, etc

“Environmental pollution” means imbalance in environment. The materials or substances when after mixing in air, water or land alters their properties in such manner, that the very use of all or any of the air water and land by man and any other living organism becomes lethal and dangerous for health. “Occupier” It means a person who has control over the affairs of the factory or the premises, and includes, in relation to any substance, the person in possession of the substance.

“Hazardous substance” 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.

POWERS PROVIDED BY THE ACT TO CENTRAL GOVTT.….

To make rules to regulate environmental pollution; To notify standards and maximum limits of pollutants of air, water, and soil for various areas and purposes; Prohibition and restriction on the handling of hazardous substances, and location of industries (Sections 3-6).

Under Sec (3): may constitute authority or authorities for the purpose of exercising of performing such of the powers and functions; Under Sec (4): may appoint a person for inspection; Under Sec (5): may issue directions in writing to any officers or any authority to comply; Under Sec (6): it empower the government to make rules to achieve the object of the Act.

Under Sec (7): persons carrying on industry, operation etc. not to allow emission or discharge of environmental pollutants in excess of the standards; Under Sec (8): persons handling hazardous substances must comply with procedural safeguards.

PENALITY….

Whoever Person found to be the cause of pollution, may be liable for punishment for a term which may extend to five years or with fine which may extend to one lakh rupees or both (Sec 15, 16, 17). If not comply fine of Rs. 5000 per day extra, still if not comply for more than one year, then imprisonment may extend up to 7 years.

Section 17 specifies that Head of the department/ incharge of small unit may be liable for punishment if the owner /occupier produce enough evidence of innocence. The state govtt. have power to close or cancel or deny the authorization to run the factory/institution/hospital whichever is causing pollution.

ENVIRONMENTAL LAWS….

Following is a list of the environmental legislations that have come into effect: General, Forest and wildlife, Water, Air etc.

General….

1986 – The Environment (Protection) Act; 1986 – The Environment (Protection) Rules; 1989 – The objective of Hazardous Waste (Management and Handling) Rules; 1989 – The Manufacture, Storage, and Import of Hazardous Rules; 1989 – The Manufacture, Use, Import, Export, and Storage of hazardous Micro-organisms/ Genetically Engineered Organisms or Cells Rules; 1991 – The Public Liability Insurance Act and Rules and Amendment, 1992

FOREST AND WILDLIFE….

1927 – The Indian Forest Act and Amendment, 1984; 1972 – The Wildlife Protection Act, Rules 1973 and Amendment 1991; 1980 – The Forest (Conservation) Act and Rules, 1981.

WATER….

1882 – The Easement Act ; 1897 – The Indian Fisheries Act ; 1956 – The River Boards Act ; 1970 – The Merchant Shipping Act ; 1974 – The Water (Prevention and Control of Pollution) Act ; 1991 – The Coastal Regulation Zone Notification.

AIR….

1948 – The Factories Act and Amendment in 1987 ; 1981 – The Air (Prevention and Control of Pollution) Act ; 1982 – The Air (Prevention and Control of Pollution) Rules ; 1982 – The Atomic Energy Act ; 1987 – The Air (Prevention and Control of Pollution) Amendment Act ; 1988 – The Motor Vehicles Act.

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Responses

  1. greetings,
    Environment pollutant should be punished according to law without giving importance to industrialist and capitalist.picture of punishment should be exibited.

  2. great work!

  3. nature protection act!

    return the normalcy industrialists.

  4. Hello sir/ma’m

    Can I put forth a query and get answers regarding the enforcement of these laws?

    Eg: A factory or an industrial unit impacts the environment with its green house emissions, other pollutants (air or water). So is there a statutory body auditing such industries for their carbon footprint, emissions of pollutants like SO2, cfc, etc and make them pay for the impact?

    How does that body (if at all it exists in India) work?

    Can you please enlighten me with the answers for those queries?

    • Any industrial unit has to obtain 3 permits before operationalising- No Objection Certificate (for land), Consent to Establish the unit, Consent to operate the unit. Based on certain pollution parameters these certificates are granted by ‘state pollution control board’ (however, CO2 is not considered as a pollutant). CTE and CTO are renewed regularly, after teating and analysing unit’s pollution sources (including DG sets, boilers, water discharge, transformers, leakages, etc.)

  5. Sir,
    Our company, and personally my self creating awareness, to reduce the global warming, advertise the benefits, and use of SOLAR ENERGY to all residents and small
    commercial establishments, schools, colleges etc., Our company ready to install and make solar green power homes in our country- in all villages. our company located
    in CHENNAI we suggest to improve the GREEN POWER HOMES…all peoples may contact ; SOLAR PRODUCTS INDIA CHENNAI …our mobile : 8807182779 (all working days between 10am to 6pm)

    SAVE THE EARTH KEEP SAFER EARTH REDUCE GLOBAL WARMING

  6. i like it

  7. Save Earth……Save Humanity..

  8. very bad habits of today”s new generation.

  9. Govt. have to take some effortful step for conserve the rainforest

  10. it gud:) and its useful

  11. good one.. would be helpful to educate and aware people.

    • the habit of these generarion people are worse so we should try to follow the safety measures

  12. Sir i am C.veeramani, Bishop Heber Collage, Environmental Sicence study. Like your regulation and project save trees,water,current. And control pollution.

  13. Dear sir,

    can we protect our environment? As per my ldeas no one can fallow the law or act related about environmental protection. The global warming is bigest worldwide problem of environment it can be controlled by law or act. is it possible to control?

  14. Indian government has established the rules to save the enviroment but least of the people know about these rule so environment department prepare some personnel of staff to teach the people of rural and urban areas by going physicaly there and have a meetting with them,then the will and performed their duties to save our environment.

  15. gud job…………….thanks for enlightning us

  16. Sir. i like ur topic, as it gives complete information regarding environmental legislations in india.

  17. ha ha didnt mean it………..
    in fact, it is just what i needed for my e.e project
    thankyou for the info

  18. great one

  19. no human without nature

  20. Go green, Save forests, save wild-life, make pure air,water and land

  21. save the environment, save ur self

  22. sir could u please tell about separation distance between industrial and sensitive land use in india

  23. Do the manufacturers of disinfectants and detergents need clearance / permission from some environment protection agency in India before marketing the product?

  24. Great article!!found it very informative and useful….its very important to focus on environment problems and I think india is moving in a right direction.the way we are directing our attention towards renewable energy resources and nuclear power…our future seems positive.

  25. Reblogged this on Muhammed Muhsin Varikkodan.

  26. It is good article, I really liked and reblogged it. I hope you will accept my reblogging..

  27. sir, i want to work for save my nature so i start my group with name of nature first Please suggest me for save nature for useful idea’s my mail id is Kamal.jot.batra@gmail.com

  28. Nature cant created by human but destroyed by human it is dangerous

  29. Your environment knowledge is great.In the environmental informations are importants and useful to the world.

  30. i m too satisfied to read this page and get more knowledge………

  31. A positive step towards sustainable development


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