Sections Particulars
Preamble
[No. 29 of 1986]An Act to provide for the protection and improvement of environment and for matters connected therewith.Whereas decisions were taken at the U...
1 Short Title, extent and commencement
(1) This Act may be called the Environment (Protection) Act, 1986.(2) It extends to the whole of India.(3) It shall come into force on such date 1 as the Cent...
2 Definitions
In this Act, unless the context otherwise requires, -(a) "environment" includes water, air and land and the inter-relationship which exists among and betwee...
3 Power of Central Government to take measures to protect and improve
(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 pu...
4 Appointment of officers and their powers and functions
(1) Without prejudice to the provisions of sub-section (3) of section 3, the Central Government may appoint officers with such designations as it thinks fit ...
5 Power to give directions
Notwithstanding anything contained in any other law but subject to the provisions of this Act, the Central Government may, in the exercise of its powers and p...
6 Rules to regulate environmental pollution
(1) The Central Government may, by notification in the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.(2) In pa...
7 Persons carrying on industry, operation, etc. not to allow emission or discharge of environmental pollutants in excess of the standards
No person carrying on any industry, operation or process shall discharge or emit or permit to be discharged or emitted any environmental pollutant in excess ...
8 Persons handling hazardous substances to comply with procedural safeguard
No person shall handle or cause to be handled any hazardous substance except in accordance with such procedure and after complying with such safeguards as ma...
9 Furnishing of information to authorities and agencies in certain cases
(1) Where the discharge of any environmental pollutant in excess of the prescribed standards occurs or is apprehended to occur due to any accident or other u...
10 Power of entry and inspection
(1) Subject to the provisions of this section, any person empowered by the Central Government in this behalf shall have a right to enter, at all reasonable ti...
11 Power to take sample and procedure to be followed in connection therewith
(1) The Central Government or any officer empowered by it in this behalf, shall have power to take, for the purpose of analysis, samples of air, water, soil o...
12 Environmental Laboratories
(1) The Central Government may, by notification in the Official Gazette, -(a) establish one or more environmental laboratories;(b) recognise one or more labo...
13 Government analysts
The Central Government may, by notification in the Official Gazette, appoint or recognise such persons as it thinks fit and having the prescribed qualificatio...
14 Reports of Government analysts
Any document purporting to be a report signed by a Government analyst may be used as evidence of the facts stated therein in any proceeding under this Act. ...
15 Penalty for contravention of the provisions of the act and the rules, orders and directions
(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 res...
16 Offences by companies
(1) Where any offence under this Act has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and...
17 Offences by Government Departments
(1) Where an offence under this Act has been committed by the Department of Government, the Head of the Department shall be deemed to be guilty of the offence...
18 Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Government or any officer or other employee of the Government or any authority constitut...
19 Cognizance of offences
No Court shall take cognizance of any offence under this Act except on a complaint made by –(a) the Central Government or any authority or officer authorized...
20 Information, Reports or Returns
The Central Government may, in relation to its functions under this Act, from time to time, require any person, officer, State Government or other authority ...
21 Members, Officers and Employees of the authority constituted under section 3 to be public servants
All the members of the authority, constituted, if any, under section 3 and all officers and other employees of such authority when acting or purporting to ac...
22 Bar of Jurisdiction
No Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of anything done, action taken or order or direction issued by the Cent...
23 Power to delegate
Without prejudice to the provisions of sub-section (3) of section 3, the Central Government may, by notification in the Official Gazette, delegate, subject t...
24 Effect of other laws
(1) Subject to the provisions of sub-section (2), the provisions of this Act and the rules or orders made therein shall have effect notwithstanding anything ...
25 Power to make rules
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.(2) In particular, and without ...
26 Rules made under this act to be laid before parliament
Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period...
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