The Environment (Protection) Act, 1986, amended 1991

This is an Act to provide for the protection and improvement of environment and for matters
connected therewith the decisions were taken at the United Nations Conference on the Human
Environment held at Stockholm in June 1972, in which India participated, to take appropriate steps
for the protection and improvement of human environment; 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 prevention of hazards to human beings, other living creatures,
plants and property. The Act was enacted by Parliament of India in March 1986 under Article 253 of
the Constitution.

1.1. EXTENT, COMMENCEMENT AND APPLICATION

The Act was enacted by the Parliament of India. This Act extends to the jurisdiction of the Republic
of India. It came into force on 19 November 1986. “Environment” as a subject does not figure in the
Seventh Schedule in any of the Lists thus this act becomes important to tie all the loose ends and
lacuna of other legislation related to the environment; and also brings environment as a subject
under purview of Central Government of the Republic of India. Major subjects related to the subject
of environment falls under concurrent list. This means major chunk of guidelines, rules, laws and
directives are prepared at the central level and powers are delegated at the state level to implement
and execute the legislative structure. Details of domain of the act can be studied separately;
however, here is the brief description the measures that can be taken by the Central Government
under the Act include:

• Coordination of actions by State Governments under this Act and other law relatable to the
objects of this Act

• Planning and execution of programmes for prevention, control and abatement of

environmental pollution

• Laying down standards

• Restricting areas for operation of industries

• Laying down procedures and safeguards

• Carrying out and sponsoring investigation and research

• Inspection for prevention, control and abatement of environmental pollution

• Establishment and recognition of laboratories ( also section 12)

• Collection and dissemination of information • Preparation of manuals, codes, and guides, etc.
(Section 3(2)).

1.2. IMPLEMENTATION AGENCY

The apex body under whose purview this act comes is the Ministry of Environment, Forest
and Climate Change. Economy Advisor under Additional Secretary of Minister of State of for
Environment, Forest and Climate Change looks after environmental policies and laws. Subject
to the provisions of this Act, the Central Government shall have the power to take all
measures. However, The Central Government has delegated the powers vested in it under
section 5 of the Act to the State Governments of Gujarat and Madhya Pradesh along with
other states subject to the condition that the Central Government may revoke such
delegation of powers in respect of all or any one or more of the State Governments or may
itself invoke the provisions of section 5 of the Act, if in the opinion of the Central Government
such a course of action is necessary for public interest, (Notification No, S.O. 152 (E) dated 10-
2-88 published in Gazette No. 54 of the same date). Similarly, These Powers have been
delegated to the Maharashtra vide Notification No. S.O. 488(E) dated 17-5-88 published in the
Gazette No. 255 dated 17-5-88.

Under MOEFC, the Central Pollution Control Board (CPCB) is the national board with oversight
powers over state boards.

Central Pollution Control Board serves as a field formation and also provides technical
services to the Ministry of Environment and Forests under the provisions of the Environment
(Protection) Act, 1986. It coordinates the activities of the State Pollution Control Boards by
providing technical assistance and guidance and also resolves disputes among them. It is the
apex organisation in the country in the field of pollution control, as a technical wing of
MoEFC. The board is led by its Chairperson, who is generally a career civil servant from
the Indian Administrative Service appointed by the Appointments Committee of the
Cabinet of the Government of India.

In addition to that, there are several other authorities related to different aspects of the
 environment in India. These authorities provide research and analysis in the environment
sector and advise the central government based on which central government (MoEFC)
prepares guidelines and legislations and monitors.

1.3. PROVISIONS RELATED TO TNCP

The act doesn’t have specific mentions about the town and country planning authorities of
respective states thus it does not speak substantially about the town and country planning or
preparation for the future development of human habitat. Instead, the focus is given on
conservation of the environment. The authorities related to different aspects of the
environment, particular to natural geography, have their own demarcated areas/ regions
which are generally kept out of the jurisdictions Directorate of Town and Country Planning of
Madhya Pradesh (DTNCP). The authorities linked to the Act function passively as regulatory,
monitoring and research organizations. Urban natural geographical features fall under the
management of respective local bodies like Municipal Corporation etc. If any region or areas
fall under the jurisdiction of DTNCP; subsection B,G and H of section seven of Chapter 3,
subsection E and J of Section 17 of chapter 4 and Subsection B of Section 21(1) of Chapter 5
briefly discuss role of DTNCP for those regions or areas without mentioning the role of EP Act
1986. Similarly, in the TNCP Act, 1973 subsection D of Section 8 of Chapter 3 underlines the
consultation with different authorities and departments of the government. It is ambiguous
that the aforesaid departments and authorities would be of state government or the central
government and thus the role of authorities under EP Act 1986 is also ambiguous.

1.4. Conclusion

Many organizations like TERI etc had analysed the Environment Protection Act, 1986 and
provided recommendation for better management of our environment (and not just
conservation). It is imperative for DTNCP to have a say from experts and research
organisations on proposed urban development activities in Madhya Pradesh, however, there
are gaps in the legislative framework for the management of our environment. Prior to the
Act, there were even limited tools for environmental conservation. This Act attempts to
envelop all the legislation related to the environment and address them holistically. Yet, there
are possibilities to improve upon the nature of action this Act promises to take. There are
spaces to be filled where the Central Government should actively and assertively intervene in
developmental activities at the state and city level and should not rely on monitoring, control
and assessments of the projects. Whereas DTNCP has a great challenge to incorporate
different voices and to get development plans validated on the ground of environment. There
is also no mechanism to assess the environmental impact of development or master plans of
urban areas.