You are on page 1of 26

THEENVIRONMENT

(PROTECTION)ACT,1986
No.29OF1986
[23rdMay,1986.]
An Act to provide for the protection and improvement of
environmentandformattersconnectedtherewith:
WHEREAS the decisions were taken at the United
NationsConference on the Human Environment held at
StockholminJune,1972,inwhichIndiaparticipated,totake
appropriate steps for the protection and improvement of
humanenvironment
AND WHEREAS it is considered necessary further to
implement the decisions aforesaid in so far as they relate to
the protection and improvement of environment and the
preventionofhazardstohumanbeings,otherlivingcreatures,
plantsandproperty
BEitenactedbyParliamentintheThirtyseventhYearofthe
RepublicofIndiaasfollows:
CHAPTERI
PRELIMINARY
1.SHORTTITLE,EXTENDANDCOMMENCEMENT

(1)ThisActmaybecalledtheEnvironment(Protection)Act,
1986.
(2)ItextendstothewholeofIndia.
(3) It shall come into force on such date as the Central
Government may, by notification in the Official Gazette,
appoint and different dates may be appointed for different
provisionsofthisActandfordifferentareas.1
2.DEFINITIONS
InthisAct,unlessthecontextotherwiserequires,
(a) "environment" includes water, air and land and the inter
relationship which exists among and between water, air and
land,andhumanbeings,otherlivingcreatures,plants,micro
organismandproperty
(b) "environmental pollutant" means any solid, liquid or
gaseoussubstancepresentinsuchconcentrationasmaybe,or
tendtobe,injurioustoenvironment
(c) "environmental pollution" means the presence in the
environmentofanyenvironmentalpollutant
(d) "handling", in relation to any substance, means the
manufacture, processing, treatment, package, storage,
transportation, use, collection, destruction, conversion,
offeringforsale,transferorthelikeofsuchsubstance
(e) "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, microorganism,
propertyortheenvironment
(f)"occupier",inrelationtoanyfactoryorpremises,meansa
personwhohas,controlovertheaffairsofthefactoryorthe
premisesandincludesinrelationtoanysubstance,theperson
inpossessionofthesubstance
(g) "prescribed" means prescribed by rules made under this
Act.
CHAPTERII
GENERALPOWERSOFTHECENTRAL
GOVERNMENT
3. POWER OF CENTRAL GOVERNMENT TO TAKE
MEASURES TO PROTECT AND IMPROVE
ENVIRONMENT
(1) Subject to the provisions of this Act, 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 and
preventingcontrollingandabatingenvironmentalpollution.
(2)Inparticular,andwithoutprejudicetothegeneralityofthe
provisions of subsection (1), such measures may include
measures with respect to all or any of the following matters,
namely:

(i)coordinationofactionsbytheStateGovernments,officers
andotherauthorities
(a)underthisAct,ortherulesmadethereunder,or
(b)underanyotherlawforthetimebeinginforcewhich
isrelatabletotheobjectsofthisAct
(ii) planning and execution of a nationwide programme for
the prevention, control and abatement of environmental
pollution
(iii) laying down standards for the quality of environment in
itsvariousaspects
(iv) laying down standards for emission or discharge of
environmentalpollutantsfromvarioussourceswhatsoever:
Provided that different standards for emission or discharge
may be laid down under this clause from different sources
havingregardtothequalityorcompositionoftheemissionor
dischargeofenvironmentalpollutantsfromsuchsources
(v) restriction of areas in which any industries, operations or
processesorclassofindustries,operationsorprocessesshall
not be carried out or shall be carried out subject to certain
safeguards
(vi) laying down procedures and safeguards for the
prevention of accidents which may cause environmental
pollutionandremedialmeasuresforsuchaccidents
(vii)layingdownproceduresandsafeguardsforthehandling

ofhazardoussubstances
(viii)examinationofsuchmanufacturingprocesses,materials
andsubstancesasarelikelytocauseenvironmentalpollution
(ix) carrying out and sponsoring investigations and research
relatingtoproblemsofenvironmentalpollution
(x) inspection of any premises, plant, equipment, machinery,
manufacturingorotherprocesses,materialsorsubstancesand
giving, by order, of such directions to such authorities,
officersorpersonsasitmayconsidernecessarytotakesteps
for the prevention, control and abatement of environmental
pollution
(xi) establishment or recognition of environmental
laboratoriesandinstitutestocarryoutthefunctionsentrusted
to such environmental laboratories and institutes under this
Act
(xii)collectionanddisseminationofinformationinrespectof
mattersrelatingtoenvironmentalpollution
(xiii) preparation of manuals, codes or guides relating to the
prevention,controlandabatementofenvironmentalpollution
(xiv) such other matters as the Central Government deems
necessary or expedient for the purpose of securing the
effectiveimplementationoftheprovisionsofthisAct.
(3)TheCentralGovernmentmay,ifitconsidersitnecessary
or expedient so to do for the purpose of this Act, by order,
published in the Official Gazette, constitute an authority or

authoritiesbysuchnameornamesasmaybespecifiedinthe
order for the purpose of exercising and performing such of
the powers and functions (including the power to issue
directions under section 5) of the Central Government under
this Act and for taking measures with respect to such of the
mattersreferredtoinsubsection(2)asmaybementionedin
the order and subject to the supervision and control of the
Central Government and the provisions of such order, such
authority or authorities may exercise and powers or perform
the functionsor takethe measures somentionedin theorder
asifsuchauthorityorauthoritieshadbeenempoweredbythis
Act to exercise those powers or perform those functions or
takesuchmeasures.
4. APPOINTMENT OF OFFICERS AND THEIR
POWERSANDFUNCTIONS
(1) Without prejudice to the provisions of subsection (3) of
section 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
underthisActasitmaydeemfit.
(2) The officers appointed under subsection (1) shall be
subject to the general control and direction of the Central
Governmentor,ifsodirectedbythatGovernment,alsoofthe
authorityorauthorities,ifany,constitutedundersubsection
(3)ofsection3orofanyotherauthorityorofficer.
5.POWERTOGIVEDIRECTIONS
Notwithstanding anything contained in any other law but
subjecttotheprovisionsofthisAct,theCentralGovernment

may, in the exercise of its powers and performance of its


functions under this Act, issue directions in writing to any
person, officer or any authority and such person, officer or
authorityshallbeboundtocomplywithsuchdirections.3
ExplanationFor the avoidance of doubts, it is hereby
declared that the power to issue directions under this section
includesthepowertodirect
(a) the closure, prohibition or regulation of any industry,
operationorprocessor
(b)stoppageorregulationofthesupplyofelectricityorwater
oranyotherservice.
6. RULES TO
POLLUTION

REGULATE

ENVIRONMENTAL

(1) The Central Government may, by notification in the


Official Gazette, make rules in respect of all or any of the
mattersreferredtoinsection3.
(2)Inparticular,andwithoutprejudicetothegeneralityofthe
foregoingpower,suchrulesmayprovideforalloranyofthe
followingmatters,namely:
(a)thestandardsofqualityofair,waterorsoilforvarious
areasandpurposes4
(b) the maximum allowable limits of concentration of
various environmental pollutants (including noise) for
differentareas

(c) the procedures and safeguards for the handling of


hazardoussubstances5
(d) the prohibition and restrictions on the handling of
hazardoussubstancesindifferentareas6
(e) the prohibition and restriction on the location of
industries and the carrying on process and operations in
differentareas7
(f) the procedures and safeguards for the prevention of
accidents which may cause environmental pollution and
forprovidingforremedialmeasuresforsuchaccidents.8
CHAPTERIII
PREVENTION,CONTROL,ANDABATEMENTOF
ENVIRONMENTALPOLLUTION
7.PERSONSCARRYINGONINDUSTRYOPERATION,
ETC., NOT TO ALLOW EMISSION OR DISCHARGE
OFENVIRONMENTALPOLLUTANTSINEXCESSOF
THESTANDARDS
No person carrying on any industry, operation or process
shalldischargeoremitorpermittobedischargedoremitted
any environmental pollutants in excess of such standards as
maybeprescribed.9
8. PERSONS HANDLING HAZARDOUS SUBSTANCES
TOCOMPLYWITHPROCEDURALSAFEGUARDS

Nopersonshallhandleorcausetobehandledanyhazardous
substanceexceptinaccordancewithsuchprocedureandafter
complyingwithsuchsafeguardsasmaybeprescribed.10
9.
FURNISHING
OF
INFORMATION
TO
AUTHORITIESANDAGENCIESINCERTAINCASES
(1) Where the discharge of any environmental pollutant in
excess of the prescribed standards occurs or is apprehended
tooccurduetoanyaccidentorotherunforeseenactorevent,
the person responsible for such discharge and the person in
charge of the place at which such discharge occurs or is
apprehended to occur shall be bound to prevent or mitigate
the environmental pollution caused as a result of such
dischargeandshallalsoforthwith
(a) intimate the fact of such occurrence or apprehension
ofsuchoccurrenceand
(b)bebound,ifcalledupon,torenderallassistance,
tosuchauthoritiesoragenciesasmaybeprescribed.11
(2) On receipt of information with respect to the fact or
apprehension on any occurrence of the nature referred to in
subsection (1), whether through intimation under that sub
sectionorotherwise,theauthoritiesoragenciesreferredtoin
subsection (1) shall, as early as practicable, cause such
remedial measures to be taken as necessary to prevent or
mitigatetheenvironmentalpollution.
(3)Theexpenses,ifany,incurredbyanyauthorityoragency
with respect to the remedial measures referred to in sub

section (2), together with interest (at such reasonable rate as


the Government may, by order, fix) from the date when a
demand for the expenses is made until it is paid, may be
recovered by such authority or agency from the person
concernedasarrearsoflandrevenueorofpublicdemand.
10.POWERSOFENTRYANDINSPECTION
(1) Subject to the provisions of this section, any person
empowered by the Central Government in this behalf12 shall
have a right to enter, at all reasonable times with such
assistanceasheconsidersnecessary,anyplace
(a)forthepurposeofperforminganyofthefunctionsof
theCentralGovernmententrustedtohim
(b) for the purpose of determining whether and if so in
what manner, any such functions are to be performed or
whether any provisions of this Act or the rules made
thereunder orany notice, order, direction or authorisation
served,made,givenorgrantedunderthisActisbeingor
hasbeencompliedwith
(c) for the purpose of examining and testing any
equipment, industrial plant, record, register, document or
any other material object or for conducting a search of
any building in which he has reason to believe that an
offence under this Act or the rules made thereunder has
been or is being or is about to be committed and for
seizing 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
commissionofanoffencepunishableunderthisActorthe

rulesmadethereunderorthatsuchseizureisnecessaryto
preventormitigateenvironmentalpollution.
(2) Every person carrying on any industry, operation or
process of handling any hazardous substance shall be bound
to render all assistance to the person empowered by the
Central Government under subsection (1) for carrying out
the functions under that subsection and if he fails to do so
withoutanyreasonablecauseorexcuse,heshallbeguiltyof
anoffenceunderthisAct.
(3) If any person wilfully delays or obstructs any persons
empoweredbytheCentralGovernmentundersubsection(1)
in the performance of his functions, he shall be guilty of an
offenceunderthisAct.
(4)TheprovisionsoftheCodeofCriminalProcedure,1973,
or,inrelationtotheStateofJammuandKashmir,oranarea
in which that Code is not in force, the provisions of any
correspondinglawinforceinthatStateorareashall,sofaras
maybe,applytoanysearchorseizuresunderthissectionas
theyapplytoanysearchorseizuremadeundertheauthority
of a warrant issued under section 94 of the said Code or as
the case may be, under the corresponding provision of the
saidlaw.
11.POWERTOTAKESAMPLEANDPROCEDURETO
BEFOLLOWEDINCONNECTIONTHEREWITH
(1) The Central Government or any officer empowered by it
inthisbehalf,13 shall have power to take, for the purpose of
analysis, samples of air, water, soil or other substance from
any factory, premises or other place in such manner as may

beprescribed.14
(2) The result of any analysis of a sample taken under sub
section (1) shall not be admissible in evidence in any legal
proceeding unless the provisions of subsections (3) and (4)
arecompliedwith.
(3) Subject to the provisions of subsection (4), the person
takingthesampleundersubsection(1)shall
(a)serveontheoccupierorhisagentorpersonincharge
oftheplace,anotice,thenandthere,insuchformasmay
beprescribed,ofhisintentiontohaveitsoanalysed
(b)inthepresenceoftheoccupierofhisagentorperson,
collectasampleforanalysis
(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
theoccupierorhisagentorperson
(d) send without delay, the container or the containers to
the laboratory established or recognised by the Central
Governmentundersection12.
(4)Whenasampleistakenforanalysisundersubsection(1)
andthepersontakingthesampleservesontheoccupierorhis
agentorperson,anoticeunderclause(a)ofsubsection(3),
then,
(a) in a case where the occupier, his agent or person
wilfully absents himself, the person taking the sample

shall collect the sample for analysis to be placed in a


containerorcontainerswhichshallbemarkedandsealed
andshallalsobesignedbythepersontakingthesample,
and
(b) in a case where the occupier or his agent or person
presentatthetimeoftakingthesamplerefusestosignthe
marked and sealed container or containers of the sample
as required under clause (c) of subsection (3), the
markedandsealedcontainerorcontainersshallbesigned
by the person taking the samples, and the container or
containersshallbesentwithoutdelaybythepersontaking
the sample for analysis to the laboratory established or
recognisedundersection12andsuchpersonshallinform
the Government Analyst appointed or recognised under
section 12 in writing, about the wilfull absence of the
occupier or his agent or person, or, as the case may be,
hisrefusaltosignthecontainerorcontainers.
12.ENVIRONMENTALLABORATORIES
(1) The Central Government15 may, by notification in the
OfficialGazette,
(a)establishoneormoreenvironmentallaboratories
(b) recognise one or more laboratories or institutes as
environmental laboratories to carry out the functions
entrustedtoanenvironmentallaboratoryunderthisAct.16
(2) The Central Government may, by notification in the
OfficialGazette,makerulesspecifying

(a)thefunctionsoftheenvironmentallaboratory17
(b)theprocedureforthesubmissiontothesaidlaboratory
of samples of air, water, soil or other substance for
analysisortests,theformofthelaboratoryreportthereon
andthefeespayableforsuchreport18
(c) such other matters as may be necessary or expedient
toenablethatlaboratorytocarryoutitsfunctions.
13.GOVERNMENTANALYSTS
The Central Government may by notification in the Official
Gazette,appointorrecognisesuchpersonsasitthinksfitand
having the prescribed qualifications19 to be Government
Analystsforthepurposeofanalysisofsamplesofair,water,
soilorothersubstancesentforanalysistoanyenvironmental
laboratory established or recognised under subsection (1) of
section12.
14.REPORTSOFGOVERNMENTANALYSTS
Any document purporting to be a report signed by a
Government analyst may be used as evidence of the facts
statedthereininanyproceedingunderthisAct.
15. PENALTY FOR CONTRAVENTION OF THE
PROVISIONS OF THE ACT AND THE RULES,
ORDERSANDDIRECTIONS
(1) Whoever fails to comply with or contravenes any of the
provisions of this Act, or the rules made or orders or
directions issued thereunder, shall, in respect of each such

failureorcontravention,bepunishablewithimprisonmentfor
a term which may extend to five years with fine which may
extend to one lakh rupees, or with both, and in case the
failureorcontraventioncontinues,withadditionalfinewhich
may extend to five thousand rupees for every day during
which such failure or contravention continues after the
convictionforthefirstsuchfailureorcontravention.
(2) If the failure or contravention referred to in subsection
(1) continues beyond a period of one year after the date of
conviction, the offender shall be punishable with
imprisonmentforatermwhichmayextendtosevenyears.
16.OFFENCESBYCOMPANIES
(1)WhereanyoffenceunderthisActhasbeencommittedby
a company, every person who, at the time the offence was
committed,wasdirectlyinchargeof,andwasresponsibleto,
thecompanyfortheconductofthebusinessofthecompany,
as well as the company, shall be deemed to be guilty of the
offence and shall be liable to be proceeded against and
punishedaccordingly:
Provided that nothing contained in this subsection shall
render any such person liable to any punishment provided in
thisAct,ifheprovesthattheoffencewascommittedwithout
his knowledge or that he exercised all due diligence to
preventthecommissionofsuchoffence.
(2) Notwithstanding anything contained in subsection (1),
where an offence under this Act has been committed by a
companyanditisprovedthattheoffencehasbeencommitted
with the consent or connivance of, or is attributable to any

neglect on the part of, any director, manager, secretary or


other officer of the company, such director, manager,
secretary or other officer shall also deemed to be guilty of
that offence and shall be liable to be proceeded against and
punishedaccordingly.
ExplanationForthepurposeofthissection,
(a) "company" means any body corporate and includes a
firmorotherassociationofindividuals
(b)"director",inrelationtoafirm,meansapartnerinthe
firm.
17.OFFENCESBYGOVERNMENTDEPARTMENTS
(1) Where an offence under this Act has been committed by
anyDepartmentofGovernment,theHeadoftheDepartment
shallbedeemedtobeguiltyoftheoffenceandshallbeliable
tobeproceededagainstandpunishedaccordingly.
Provided that nothing contained in this section shall render
such Head of the Department liable to any punishment if he
provesthattheoffencewascommittedwithouthisknowledge
or that he exercise all due diligence to prevent the
commissionofsuchoffence.
(2) Notwithstanding anything contained in subsection (1),
where an offence under this Act has been committed by a
Department of Government and it is proved that the offence
has been committed with the consent or connivance of, or is
attributable to any neglect on the part of, any officer, other
than the Head of the Department, such officer shall also be

deemed to be guilty of that offence and shall be liable to be


proceededagainstandpunishedaccordingly.
CHAPTERIV
MISCELLANEOUS
18. PROTECTION OF ACTION TAKEN IN GOOD
FAITH
Nosuit,prosecutionorotherlegalproceedingshalllieagainst
the Government or any officer or other employee of the
GovernmentoranyauthorityconstitutedunderthisActorany
member, officer or other employee of such authority in
respect of anything which is done or intended to be done in
good faith in pursuance of this Act or the rules made or
ordersordirectionsissuedthereunder.
19.COGNIZANCEOFOFFENCES
NocourtshalltakecognizanceofanyoffenceunderthisAct
exceptonacomplaintmadeby
(a) the Central Government or any authority or officer
authorisedinthisbehalfbythatGovernment,20or
(b)anypersonwhohasgivennoticeofnotlessthansixty
days,inthemannerprescribed,oftheallegedoffenceand
of his intention to make a complaint, to the Central
Government or the authority or officer authorised as
aforesaid.

20.INFORMATION,REPORTSORRETURNS
TheCentralGovernmentmay,inrelationtoitsfunctionunder
thisAct,fromtimetotime,requireanyperson,officer,State
Government or other authority to furnish to it or any
prescribed authority or officer any reports, returns, statistics,
accountsandotherinformationandsuchperson,officer,State
Governmentorotherauthorityshallbeboundtodoso.
21.MEMBERS,OFFICERSANDEMPLOYEESOFTHE
AUTHORITY CONSTITUTED UNDER SECTION 3 TO
BEPUBLICSERVANTS
All the members of the authority, constituted, if any, under
section 3 and all officers and other employees of such
authoritywhenactingorpurportingtoactinpursuanceofany
provisionsofthisActortherulesmadeorordersordirections
issued thereunder shall be deemed to be public servants
withinthemeaningofsection21oftheIndianPenalCode(45
of1860).
22.BAROFJURISDICTION
No civil court shall have jurisdiction to entertain any suit or
proceedinginrespectofanythingdone,actiontakenororder
or direction issued by the Central Government or any other
authority or officer in pursuance of any power conferred by
orinrelationtoitsorhisfunctionsunderthisAct.
23.POWERSTODELEGATE
Without prejudice to the provisions of subsection (3) of
section3,theCentralGovernmentmay,bynotificationinthe

Official Gazette, delegate, subject to such conditions and


limitationsasmaybespecifiedinthenotifications,suchofits
powers and functions under this Act [except the powers to
constituteanauthorityundersubsection(3)ofsection3and
tomakerulesundersection25]asitmaydeemnecessaryor
expedient, to any officer, State Government or other
authority.
24.EFFECTOFOTHERLAWS
(1)Subjecttotheprovisionsofsubsection(2),theprovisions
of this Act and the rules or orders made therein shall have
effect notwithstanding anything inconsistent therewith
containedinanyenactmentotherthanthisAct.
(2) Where any act or omission constitutes an offence
punishable under this Act and also under any other Act then
theoffenderfoundguiltyofsuchoffenceshallbeliabletobe
punishedundertheotherActandnotunderthisAct.
25.POWERTOMAKERULES
(1) The Central Government may, by notification in the
OfficialGazette,makerulesforcarryingoutthepurposesof
thisAct.
(2)Inparticular,andwithoutprejudicetothegeneralityofthe
foregoingpower,suchrulesmayprovideforalloranyofthe
followingmatters,namely
(a) the standards in excess of which environmental
pollutantsshallnotbedischargedoremittedundersection
721

(b) the procedure in accordance with and the safeguards


in compliance with which hazardous substances shall be
handledorcausedtobehandledundersection822
(c) the authorities or agencies to which intimation of the
fact of occurrence or apprehension of occurrence of the
dischargeofanyenvironmentalpollutantinexcessofthe
prescribed standards shall be given and to whom all
assistanceshallbeboundtoberenderedundersubsection
(1)ofsection923
(d) the manner in which samples of air, water, soil or
othersubstanceforthepurposeofanalysisshallbetaken
undersubsection(1)ofsection1124
(e)theforminwhichnoticeofintentiontohaveasample
analysed shall be served under clause (a) of sub section
(3)ofsection1125
(f) the functions of the environmental laboratories,26 the
procedure for the submission to such laboratories of
samples of air, water, soil and other substances for
analysis or test27 the form of laboratory report the fees
payable for such report and other matters to enable such
laboratoriestocarryouttheirfunctionsundersubsection
(2)ofsection12
(g)thequalificationsofGovernmentAnalystappointedor
recognised for the purpose of analysis of samples of air,
water,soilorothersubstancesundersection1328
(h) the manner in which notice of the offence and of the

intentiontomakeacomplainttotheCentralGovernment
shallbegivenunderclause(b)ofsection1929
(i) the authority of officer to whom any reports, returns,
statistics, accounts and other information shall be
furnishedundersection20
(j) any other matter which is required to be, or may be,
prescribed.
26. RULES MADE UNDER THIS ACT TO BE LAID
BEFOREPARLIAMENT
EveryrulemadeunderthisActshallbelaid,assoonasmay
beafteritismade,beforeeachHoseofParliament,whileitis
in session, for a total period of thirty days which may be
comprised in one session or in two or more successive
sessions,andif,beforetheexpiryofthesessionimmediately
following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the rule or
bothHousesagreethattheruleshouldnotbemade,therule
shallthereafterhaveeffectonlyinsuchmodifiedformorbe
of no effect, as the case may be so, however, that any such
modification or annulment shall be without prejudice to the
validityofanythingpreviouslydoneunderthatrule.
1ItcameintoforceinthewholeofIndiaon19thNovember,

1986 vide Notification No. G.S.R. 1198(E) dated 121186


publishedintheGazetteofIndiaNo.525dated121186.
2TheCentralGovernmenthasdelegatedthepowersvestedm

it under section 5 of the Act to the State Governments of


Andhra Pradesh, Assam, Bihar, Gujarat, Haryana, Himachal
Pradesh, Karnatalca, Kerala, Madhya Predesh, Mizoram,
Orissa, Rajasthan, Sikkim and Tamil Nadu subject to the
condition that the Central Government may revoke such
delegation of Powers in respect of all or any one or more of
theStateGovernmentsormayitselfinvoketheprovisionsof
section 5 of the Act, if in the opinion of the Central
Government such a course of action is necessary in public
interest, (Notification No, S.O. 152 (E) dated 10288
publishedinGazetteNo.54ofthesamedate).ThesePowers
havebeendelegatedtothefollowingStateGovernmentsalso
onthesameterms:
Meghalaya, Punjab and Uttar Pradesh vide Notification No.
S.0.389 (E) dated 14488 published in the Gazette No. 205
dated14488
MaharashtravideNotificationNo.S.O.488(E)dated17588
publishedintheGazetteNo.255dated17588
Goa and Jammu & Kashmir vide Notification No. S.O. 881
(E~ dated 22988 published in the Gazette No. 749 dated
22.9.88.
WestBengalManipurvideNotificadonN.S.O.408(E)dated
6689publishedintheGazetteNo.319dated6689
Tripura vide Notification No. S.O. 479 (E) dated 25791
publishedinthcGazeneNo.414dated25791.
3 For issuing directions see r.4 of Itnviromnent (Protection)

Rules,1986.
4 See r. 3 of Environment (Protection) Rules, 1986 and

Schedulesthereto.
i. Schedule I lists the standards for emission or discharge of

environmental pollutants from the industries, processes or


operations and their maximum allowable limits of
concentration
ii. Schedule II lists general standards for discharge of
effluents and their maximum limits of concentration
allowable
iii. Schedule III lists ambient air quality standards in respect
ofnoiseanditsmaximumallowablelimitsand
iv.ScheduleIVlistsstandardsforemissionofsmoke,vapour
etc. from motor vehicles and maximum allowable limits of
theiremission.
5Seer.13ofEnvironment(Protection)Rules,1986,and

i. Hazardous Wastes (Management and Handling) Rules,


1989
ii.Manufacture,StorageandImportofHazardousChemicals
Rules,1989and
iii. Rules for the Manufacture, Use, Import, Export and
Storage of Hazardous Micro organisms, Genetically
engineeredorganismsorCells.
6Rule13SUPRA.
7Seer.5ofEnvironment(Protection)Rules,1986.
8 See r. 12 of Environment (Protection) Rules and Schedule

11, and relevant provisions of Hazardous Wastes


(Management and Handling) Rules, Manufacture, Storage
and Import of Hazardous Chemicals Rules and Rules for the
Manufacture, Use, Import Export and Storage of hazardous
Microorganisms, Genetically Engineered Organisms or
Cells.

9 See r. 3 of Environment (Protection) Rules, 1486 and

ScheduleI.
10Seer.13ofEnvironment(Protection)Rules,1986and

i. Hazardous Wastes (Management and Handling) Rules,


1989
ii.Manufacture,Storageandh7lporlofHazardousChemicals
Rules,1989and
iii. Rules for the Manufacture, Use Import, Export and
Storage of Hazardous Micro organisms, Genetically
EngineeredorganismsorCells.
11 For authorities or agencies see r. 12 of Environment

(Protection)Rules,1986andSchedule
12TheCentralGovt.hasempowered60personslistedinthe

Table (p. 251) vide S.O. 83 (E) published in the Gazette of


IndiaNo.66dated16287andS.O.63(E)publishedinthe
GazetteofIndiaNo.42dated18188.
13 In excercise of powers conferred under subsection (i) of

section 11 the Central Government has empowered 60


officers listed in the Table (p. 254) vide S.O. 84. (E)
publishedintheGazetteNo.66dated16287andS.O.62(E)
publishedintheGazetteNo.42dated18l88.
14 For procedure for taking samples see r. 6 of Environment

(Protection)Rules,1986,also.
15 The Central Government has delegated its powers under

clause (b) of subsection (i) of section 12 and section 13 of


the Act to the Central Pollution Control Board vide

NotificationNo.S.O.145(E)dated21291publishedinthe
GazetteNo.128dated27291.
16

The list of laboratories/institutes recognised as


environmental laboratories: and the persons recognised as
Govt.Analystsisgiveninthetable(p.223).
17Seer.9ofEnvironment(Protection)Rules,1986.
18Seer.8ofEnvironment(Protection)Rules,1986.
19 For qualifications of Govt. Analyst see r. 10 of

Environment(Protection)Rules,1986.
20Inexerciseofpowersconferredunderclause(a)ofsection

l9, the CentralGovernment has authorised the officers and


authorities listed in the Table (p. 238) vide S.O. 394 (E)
published in the Gazette No. 185 dated 16487, S.O. 237(E)
published in the Gazette No. 171 dated 29389 and S.O.
656(E)dated21889publishedintheGazetteNo.519dated
21889.
21Seefootnote2onPage213.
22Seefootnote3onPage213.
23SeefootnoteIonPage214.
24Seer.6ofEnvironment(Protection)Rules,1986.
25Seer.7ofEnvironment(Protection)Rules,1986.

26Seer.9ofEnvironment(Protection)Rules,1986.
27Fortheprocedureforsubmissionofsamplestolaboratories

and the form of laboratory report see r. 8 of Environment


(Protection)Rules,1986.
28Seer.10ofEnvironment(Protection)Rules,1986.
29Seer.11ofEnvironment(protection)Rules,1986.