The Act comes into force on Nov. 19, 1986, the birth anniversary of our late Prime Minister Mrs. Indira Gandhi, who was a pioneer of environmental protection issues in our country.
An Act to provide for the protection and improvement of environment and for matters connected there with:
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;
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AND 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;
It extends to the whole of India. It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and for different areas. This Act gives the definitions of:
(a) “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, microorganism and property;
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(b) “Environmental pollutant” means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment;
(c) “Environmental pollution” means the presence in the environment of any environmental pollutant;
(d) “Hazardous substance” means any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plant, micro-organism, property or the environment.
This act consists of 4 chapters containing 26 Sections.
Chapter I Contains 2 Sections:
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Section 1 Contains short title, extent and commencement
Section 2 Defines terminologies related to environment
Chapter II Contains 4 Sections:
Section 3 Empowers Central Government to take measures to protect and improve environment
Section 4 Empowers Central Government for appointments of officers with their powers and functions for successful implementation of the Act
Section 5 Empowers Central Government to give directions
Section 6 Empowers Central Government to formulate rules or regulate environmental pollution
Chapter III Contains 11 Sections:
Section 7 States that the industries carrying industrial operations are not allowed to emit or discharge environmental pollutants more than the established standards
Section 8 States that person handling hazardous substances need to comply with procedural safeguards
Section 9 Decides furnishing information to authorities and agencies in certain cases
Section 10 Has provisions of entry and inspections
Section 11 Has provisions to collect samples and their analysis
Section 12 Has provisions to set up environmental laboratories for testing and analysing air, water, soil, and other samples
Section 13 Has provisions for appointing government analyst for the purpose of analysis of samples of air, water, soil, or other substances sent to any established or approved environmental laboratory
Section 14 Refers to the reports of government analysis as devidence of facts
Section 15 Has provisions of penalty for the contravention of the provision of the Act and the rules, orders, and directions
Section 16 Describes offences by companies
Section 17 Describes offences by government departments
Chapters IV Contains 9 Sections:
Section 18 Provides protection of action taken in good faith
Section 19 Has provision of cognizance of offences
Section 20 Empowers Central Government regarding information, reports, or returns
Section 21 Declares members, officers, and employees of the authority constituted under Section 4 to be public servants
Section 22 Enforces bar of jurisdiction of civil court
Section 23 Describes powers to delegate
Section 24 Describes effects of other laws
Section 25 Provides power to make rules
Section 26 States that the rules made under this Act to be laid before Parliament