The Act seeks to supplement the existing laws on control of pollution by … The Act comprises of 4 chapter and 26 sections pertaining to the roles and responsibilities of different government actors and agencies. Under Section 3 of the following act, the central government has the power to authorize or constitute other authorities for the accurate implementation of powers and duties which are mentioned above. An Act to provide for the protection and improvement of environment and formatters connected therewith. Date: 1990 (amended Scotland 2001) Reference: ISBN 0105443905 (SSI 2001/99) General Description:This act brings in a system of integrated pollution control for the disposal of wastes to land, water and air. Spurred by declining environmental quality and the Bhopal gas disaster, the Environment (Protection) Act, (1986) was enacted to empower the Central Government to take necessary measures to preserve and improve the environment. of the Environment Protection Act 1986 suggest that no person in the country shall be carrying any of the activity or operation in which there is a large emission of gases or other substances which may lead to excess environmental pollution. “Environmental Pollution” includes the presence of environmental pollutants in the environment. states that any person who is not complying to the provisions stated in this act and its failure or contravention will make him liable and punishable as the following: In terms of imprisonment up to the extension of the time span of five years. The powers to issue directions will include the power to direct which are as follows: (i) The direction of closure, prohibition or the regulation of any industry and its operational process. There cannot be a liability on his part if he. On a cold wintery midnight in December 1984 when the city of Bhopal was sound asleep and the workers at Union Carbide India Ltd. pesticide plant were completing their routinely task, no one was aware about the tragedy that was about to strike the city. Preparation of the manuals, codes, guides which are considered suitable enough for controlling environmental pollution.
The Central Government has established several environmental laboratories for the purposes of the Environment (Protection) Act.For the purposes of protecting and improving the quality of the environment and preventing and abetting environmental pollution, the standards of emission or discharge of environmental pollutants from the industries, operations or processes are specified in Schedules 1 to 1V of the Environment (Protection) Rules.The Central Government takes into consideration various factors while prohibiting or restricting the location of industries and carrying on of processes and operations in different areas. Thus, the Court directed while keeping in the notice about the degrading quality of the environment that authorities should implement the. Section 15 states that any person who is not complying to the provisions stated in this act and its failure or contravention will make him liable and punishable as the following: Section 24 a provision that if any offence is punishable under the Environment Protection Act and also under other Act, then the person shall not be liable under the Environment Protection Act, 1986. With fine which may extend to the term of one lakh rupee. Any person who has given the notice of complaint within the term of sixty days of the alleged offence or the has the intention to make the complaint to governmental authority or the central government. Section 7 of the act provides certain standards that ought to be maintained in which it is a must that no person is allowed to damage the environment and if a person is found guilty for causing damage to the environment by polluting the pollution pay principle. (ii)direction for the stoppage or regulation of the supply of electricity, including any other services. Environment Protection Act of 1986 came as a repercussion to Bhopal gas tragedy and India's involvement in the 1972 United Nations Conference on the Human Environment held at Stockholm Sweden. To collect the dissemination in the respect of information related to environmental pollution. It is the power vested in the central government that they can take any reasonable and valid steps and measures for the purpose of the protection and improvement of the quality of the environment.
© Copyright 2020 Maps of India All Rights Reserved, Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on Pinterest (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on WhatsApp (Opens in new window), Environment Protection Act 1986- Protecting India's Environment. Section 8 provides that any person who is handling the hazardous substance needs to comply with the procedural safeguards. The government of India strongly voiced against the environmental concerns and further passed many Acts related to the environment. From the above definitions given the Environmental protection Act tends to cover a wide range of matters related to the environment protection. She has discussed the essential provisions of the Environment Protection Act, 1986 along with the powers of the government and jurisdiction of the Act. In the case of Vellore Citizens’ Welfare Forum v Union of India, the Supreme Court has directed the central government to constitute the ‘authority’ for the implementation of powers under section 3(3). It is the power and the duty of the government to lay down the procedure to carry forward safeguards for the prevention of many inevitable accidents which may inculcate in more environmental pollution. WHEREAS decisions Were taken al 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; … (iv) The main task is to enact general laws for environmental protection, which could be unfolded in areas of severe environmental hazards. © Copyright 2016, All Rights Reserved. | Powered by. Whereas 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. Restrictions and some prohibitions on handling the hazardous substances in different areas and premise. The sample should be kept in a container with a label on it and it should have the signature of both the occupier party and the person taking the sample. The said officer shall without delay send the container with the sample to the laboratory established or recognized by Central Government. The Act entails power to the Central government to take remedial measures as well as actions to protect the environment in the country. An Introduction to the Environment (Protection) Act, 1986: Against the backdrop of the United Nations Conference on the Human Environment held at Stockholm in June 1972, in which India was a participant, the Central Government enacted a legislation, ‘The Environment (Protection) Act, 1986’, with an objective for protection and improvement of the environment and for matters connected … The central government or any authority associated with the government. Summary; Environmental Protection Act Title: Environmental Protection Act. Chapter 2 emphasises on the power that resides with the Central government pertaining to the Act, while Chapter 3 talks about actions that Central government can take to protect the environment. Duty and power to lay down the procedures and safeguards to handle the hazardous substance. Bhopal Gas Tragedy considered to be the worst industrial disaster in the world was a watershed moment for India and country’s Parliament, as the lawmakers gathered to formulate stronger norms, acts, policies, and laws to ensure that such horrific incidents do not occur in India again. Such measures may include measures with respect to all namely as follows. Further persons handling with hazardous substances shall comply with the procedural safeguards as may be prescribed by the authorities.As per the Act where the discharge of any environmental pollutant in excess of prescribed standard occurs, or is apprehended to occur due to any accidental or other unforeseen act or event, the person responsible for such discharge shall be bound to prevent or mitigate the pollutant so caused as well as intimate the fact of such occurrence to the concerned authorities.The Central Government or any other officer empowered by the Central Government shall have the powers to take the samples of air, water, soil or any other substances from any factory, premises, etc for the purpose of analysis. Section 2 of the Environmental protection Act, 1986 (EPA) deals with some of the information about the definition of the Act and these definitions are as follows: “Environment” the word environment includes water, air, land and also the inter-relation between their existence. Procedure to be followed for the legal proceedings under the Environmental Protection Act. The notice must be delivered to the occupier or his agent and it must indicate the intention or the analysis of the issue of a particular case. One of the most important tasks is to establish the laboratories. Against the backdrop of the United Nations Conference on the Human Environment held at Stockholm in June 1972, in which India was a participant, the Central Government enacted a legislation, The Environment (Protection) Act, 1986, with an objective for protection and improvement of the environment and for matters connected therewith.As per this Act, the Central Government shall have the power to take all such measures for the purpose of protecting and improving the quality of the environment and to prevent environmental pollution. They shall be bound to comply with these given directions. The move by the government has been put on the back burner since then and kept the EPA intact. The aim of the Environment Protection Act of 1986 is to improve and protect the human environment, most importantly to prevent hazards from happening and causing damage to the ecology. First, it has the sole aim of ensuring the protection of the environment, the prevention and reduction of environmental pollution and provides the authority to take strict action against perpetrators.
Serving other matters which are necessary for the central government to deal for the effective implementation of the Environmental Protection Act, 1986. of the following act, the central government has the power to authorize or constitute other authorities for the accurate implementation of powers and duties which are mentioned above. The Act talks about recognizing the following factors: Forestalling, relieving and remediating natural effects are significant in making recommendations and taking actions.
Further, the Central Government shall have the power to give directions in writing to any person or officer or any authority for any of the purposes of the Act, including the power to direct the closure, prohibition or regulation of any industry, operation or process.No person carrying on an industry, operation or process shall discharge or emit any environmental pollutant in excess of standards prescribed by the Government. The concern over the environment has grown as the quality is degrading. “Handling” means any substance which is in the relation of being manufactured, processed, collected, used, offered for sale or like of such substance. “Hazardous substance” includes the substance or the preparation by which the physical-chemical property is liable to harm the human beings or other living creatures such as plants, microorganisms and the property.