ENVIRONMENTAL PROTECTION ACT
(1986)
CONSTITUTION OF INDIA Part A, 42
ndAmendment 1976 Art. 51A :
It shall be the duty of every citizen of India
To value and preserve the rich heritage of our composite culture To protect and improve the natural environment including forests, lakes, rivers and wildlife and have compassion for living creatures
Background
• Conference on the human environment was held in 1972. The government of India participated in the conference and strongly voiced the environmental concerns.
• While several measures have been taken for the environmental protection, both before and after the conference, the need for general legislation to further implement the decision of the conference became increasingly
BHOPAL GAS TRAGEDY
Environment protect act (1986)
• Department of environment was established in 1980.
This later became ministry of environment and forest.
• Environmental Protection act (1986) came into effect soon after the Bhopal gas tragedy. EPA was passed in March 1986 and came into force on 19 Nov. 1986
• It is considered to be an umbrella legislation as it fill the gaps in the existing laws. There after large number of laws came into existence as many problems started arising.
Scheme of the Act
• The Environmental act, 1986 has 26 sections and it has been divided into four chapters relating to:
1) Preliminary
2) General powers of the central government
3) Prevention, control and abatement of Environmental pollution
4) Miscellaneous
Preliminary
1. Short Titles, Extend and Commencements 2. Definitions
Short Titles, Extent and commencement
The environmental protection act(1986) enacted under the article 253 of the Indian constitution. To protect and improve environmental quality, control and reduce pollution
1. The act may be called as
Environmental(protection) Act,1986 2. It extends to whole of India
3. Central government may by notification in the official gazette, appoint and different dates may be appointed for different provisions of this act for different areas
Important definitions
• Environment.
“environment" includes water, air and land and the inter- relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property.”
• Environmental Pollutant:
“environmental pollutant" means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment.
• Environmental pollution:
"environmental pollution" means the presence of any environmental pollutant in the environment
Important definitions
• Handling: In relation to any substance, it means the manufacturing, processing, treatment, packaging, storage, transportation, use, collection, destruction, conversion, offering for sale, etc.
• 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
General powers of the central government
• Under sec(3):purpose of exercising of performing such powers and functions to authority
• Under sec(4):may appoint a person for inspection
• Under sec(5):may issue the directions in writing to any officers or authority
General powers of the central government
• Under sec(6): empower government to make rules in order to achieve the objective
• Under sec (7):persons carrying industry , operation etc. not to allow emission discharge of pollutants in excess of standards
• Under sec(8):persons handling hazardous
substances must comply with procedural
safeguards
Prevention, control and abatement of environmental pollution
Central government has the power to take all measures for protecting and improving the quality of
environment.
1. Coordination of actions by state government officers and other authorities under this act or under any law 2. Laying down standards for the quality of
environment in various aspects
3. Laying down standards for emission or discharge of environmental pollutants from various sources
Prevention, control and abatement of environmental pollution
4. Laying down procedures and safeguards for handling of hazardous substances
5. Examination of manufacturing process, materials and substances which are likely to cause pollution
6. Carrying out and sponsoring investigations and research relating to problems pollution
7. Establishment and recognition of laboratories
8. To exercise powers and perform functions central government may constitute authority
Offenses and penalties
1. Penalties for contraventions of the provision of Act, Rules, Orders and Directions
2. Offenses by company and government departments 3. Who can make complaint?
Penalties – SEC 15
• Sec 15 of EPA provides that any person who fails or contravenes any provision of the act, rule made or directions issued under the act or rule , then such failure is or contravention, he shall be punishable:-
a) With imprisonment for the term which may be extended to five years
b) With a fine which may be extended to one lakh rupees
c) With both
Penalties – SEC 15 (Continued)
• In case of failure or contravention after the conviction for the first failure or contravention, an additional fine which may be extended to five thousand per every day can be imposed for everyday for which failure or contravention continues.
• If failure or contravention continues beyond a period of one year after conviction, the offender shall be punishable with imprisonment for the term which may be extended to seven years.
Offences – SEC 16
• SEC 16 of EPA incorporates the principle of
“vicarious liability” of a person in charge, director, manager, secretary or any other officer for the offence if committed by a company
• When a offense is committed by company then the company as well as the person directly in charge and responsible of conducting the business of a company shall be deemed to be liable for to punishment.
Offences – SEC 16 (Continued)
• However the person in charge for the conduct of the company is not held liable if:
1. That offence was committed without his knowledge.
2. That he exercised all the due/care to prevent the commission of such offence.
Loop hole???
Who can make complaint?
• A complaint under this act can be made by
1. Central government or any other authority of that government
2. Any person who has given notice of not less than 60 days of the alleged offence and his intentions to make complaint to the central government or Govt. Officer
Conclusions
• Environmental pollution are affecting not just individuals but all the countries over the world.
• Twelfth five year plan has emphasized the need of sound environmental management , which includes environmental planning, protection, monitoring, assessment, research and education as a major guiding factors for national development.
Conclusions
• India is a “soft state”. We have excellent environmental laws but politics and corruption prevent the effective implementation of such laws which is disastrous to the environment and economy as a whole.
Mahatma Gandhi
THANKS
“NATURE HAS EVERY THING FOR EVERY BODY’S NEED,
BUT NOT ENOUGH FOR ONE MAN’S GREED”
