ENVIRONMENTAL LEGISLATION

ENVIRONMENT ACT

THEORY

Environment (Protection) Act, 1986

The Environment (Protection) Act, 1986 is the pioneer
Environment Protection Act, in India. Environment (Protection)
rules, 1986, empowering the Central Government to prevent,
control and abate environmental pollution and to state
governments to coordinate the actions for the effective
implementation of the Act. The Act extends to entire India.
Objectives of the Act
1. Protection and improvement of the environment.
2. Prevention of hazards to all living creatures (plants,
animals and humans) and property.
3. Maintenance of harmonious relationship between humans
and their environment.
The Act has given power to the Central Government to take
measures to protect and improve environment while State
Government shall coordinate the actions.
Most important functions of the Central Government, under
section 3 of the Act include:
1. To plan and execute nationwide programmes for the
prevention, control and abatement of environmental
pollution.
2. To inspect any premises, plant, manufacturing process,
equipment or machinery and give direction on prevent, con
and abate environmental pollution.
3. To prepare manuals, codes or guides to disseminate
collected information in matters relating to environmental
pollution and its prevention, control and abatement.

ENVIRONMENTAL LEGISLATION

ENVIRONMENT ACT

THEORY

4. To establish and recognize environmental laboratories and

institutes to evolve standardized methods for sampling and
analysis of various types of :
environmental pollutants,
to analyse samples,
to carry out inspections,
to lay down standards for quality of environment
discharge of environment pollutants,
to monitor and enforce the standards set, and
To report periodically to the Central Government.
5. To instruct every state to set up 'Green Bench' courts to
attend to Public Interest Litigation (PIL) cases concerning
environmental hazards affecting the quality of life of the
citizens. The 'Green Bench' courts have been empowered to
settle the case quickly and provide legal redress to the
citizen.
Provision for the Prevention, Control and Abatement of
Environmental Pollution
For the Prevention, Control and Abatement of Environmental
Pollution, the Act has following important provisions :
The Central Government and its officers have the power
to take samples of air, water, soil or substances from the
industry to place for analysis according to the procedures
laid down in the Act.
The Central Government has the power to establish
environmental laboratories or recognize any laboratory
institute as an environmental laboratory.
No person carrying on any industry, operation and
process shall be permitted to discharge any environmental
pollutant beyond the permissible limits.
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ENVIRONMENTAL LEGISLATION

ENVIRONMENT ACT

THEORY

No person shall handle hazardous substances without

complying with the prescribed Procedural safeguards.
An Amendment was made in 1994 in Environment (Protection)
Rules for Environmental Impact Assessment (EIA) of various
development projects.
Penalties
Various penalties for violation of the provisions of the Act are:
The criminal liability is also fixed on the company's director
and principal officers in case of an offence being
committed by a company.
Any person violating any of the provisions of the Act shall
be punishable with imprisonment for a term which may
extend up to five years or with a fine which may extend up
to one lakh rupees or both. In case the violation continues
beyond a period of one year after the date of conviction,
the offender shall be punishable with imprisonment for a
term of seven years.
The criminal liability is also fixed on the heads of the
department of the government where an offence is
committed by the concerned department and the head of
the department is unable to probe that the offence was
committed without his knowledge or that he exercise all
diligence to prevent such offence.