The Environment (Protection) Rules, 1986, India

THE ENVIRONMENT (PROTECTION) RULES, 1986

MINISTRY OF ENVIRONMENT AND FORESTS

(Department of Environment, Forest and Wildlife)

NOTIFICATION

New Delhi, the 19lh November, 1986

S.O. 844(E).-In exercise of thc powers conferred by sections 6 and 25 of the Environment (Protection) Act, 1906 (29 of 1986), the Central Government hereby makes the following rules, namely:-

1. Short title and commencement

(i) These rules may be called the Environment (Protection) Rules, 1986.

(ii) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions

In these rules, unless the context otherwise requires,-

(a) "Act" means the Environment (Protection) Act, 1986 (29 of 1986); (aa) "areas" means all areas where the hazardous substances are handled;l

(b) "Central Board" means the Central Pollution Control Board constituted under section 3 of the

Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974);

(c) "Form" means a form set forth in Appendix A to these rules;

(d) "Government Analyst" means a person appointed or recognized as such under section 13;

(e) "person" in relation to any factory or premises means a person or occupier or his agent who has control over the affairs of the factory or premises and includes in relation to any substance, the person in possession of the substance.

(ee) "prohibited substance" means the substance prohibited for handling;1

(f) "recipient system" means the part of the environment such as soil, water, air or other which receives the pollutants;

(ff) "restricted substance" means the substance restricted for handling;2

(g) "section" means a section of the Act;

(h) "Schedule" means a Schedule appended to these rules;

(i) "Standards’ means standards prescribed under these rules;

(j) "State Board" means a State Pollution Control Board constituted under section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) or a State Pollution Control Board constituted under section 5 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of

1981);

3. Standards for emissions or discharge of environmental pollutants

(1) For the purpose of protecting and improving the quality of the environment and preventing and abating environmental pollution, the standards for emission or discharge of environmental pollutants from the industries, operations or processes shall be as specified in 3[Schedule I to IV].

(2) Notwithstanding anything contained in sub-rule (1),the Central Board or a State Board may specify more stringent standards from those provided in 4[ Schedule I to IV] in respect of any specific industry, operation or process depending upon the quality of the recipient system and after recording reasons therefor in writing.

5(3) The standards for emission or discharge of environmental pollutants specified under sub-rule (1) or sub-rule (2) shall be complied with by an industry, operation or process within a period of one year of being so specified.

6[(3A)

(i) Notwithstanding anything contained in sub-rules (1) and (2), on and from the 1st day of January, 1994, emission or discharge of environmental pollutants from the 7[industries, operations or processes other than those industries, operations or processes for which standards have been specified in Schedule-I] shall not exceed the relevant parameters and standards specified in schedule VI.

Provided that the State Boards may specify more stringent standards for the relevant parameters with respect to specific industry or locations after recording reasons therefor in writing;

(ii) The State Board shall while enforcing the standards specified in Schedule VI follow the guidelines specified in Annexure I and II in that Schedule].

(4) Notwithstanding anything contained in sub-rule (3)-

(a) the Central Board or a State Board, depending on the local conditions or nature of discharge of environmental pollutants, may, by order, specify a lesser period than a period specified under sub- rule (3) within which the complaince of standards shall be made by an industry, operation or process

(b) the Central Government in respect of any specific industry, operation or process, by order, may specify any period other than a period specified under sub-rule (3) within which the complaince of standards shall be made by such industry, operation or process.

(5) Notwithstanding anything contained in sub-rule (3) the standards for emission or discharge of environmental pollutants specified under sub-rule (I) or sub-rule (2) in respect of an industry, operation or process before the commencement of the Environment (Protection) Amendment Rules, 1991, shall be complied by such industry, operation or process by the 31st day of December 1991.

8[(6) Notwithstanding anything contained in sub-rule (3), an industry, operation or process which has commenced production on or before 16th May, 1981 and has shown adequate proof of atleast commencement of physical work for establishment of facilities to meet the specified standards within a time-bound programme, to the satisfaction of the concerned State Pollution Control Board, shall comply with such standards latest by the 31 st day of December, 1993.

(7) Notwithstanding anything contained in sub-rule (3) or sub-rule (6) an industry, operation or process which has commenced production after the 16th day of May, 1981 but before the 31st day of December

1991 and has shown adequate proof of atleast commencement of physical work for establishment of

facilities to meet the specified standards within a time-bound programme, to the satisfaction of the concerned State Pollution Control Board, shall comply with such standards latest by the 31st day of December, 1992.]

4. Directions

(1) Any direction issued under section S shall be in writing.

(2) The direction shall specify the nature of action to be taken and the time within which it shall be complied with by the person, officer or the authority to whom such direction is given.

(3) (a) The person, officer or authority to whom any direction is sought to be issued shall be served with a copy of the proposed direction and shall be given an opportunity of not less than fifteen days from the date of service of a notice to file with an officer designated in this behalf the objections, if any, to the issue of the proposed direction.

(b) Where the proposed direction is for the stoppage or regulation of electricity or water or any other service affecting the carrying on any industry, operation or process and is sought to be issued to an officer or an authority, a copy of the proposed direction shall also be endorsed to the occupier of the industry, operation or process, as the case may be and objections, if any, filed by the occupier with an officer designated in this behalf shall be dealt with in accordance with the procedures under sub-rules (3a) and (4) of this rule:

Provided that no opportunity of being heard shall be given to the occupier if he had already been heard earlier and the proposed direction referred to in sub-rule

(3b) above for the stoppage or regulation of electricity or water or any other service was the resultant decision of the Central Government after such earlier hearing.9

(4) The Central Government shall within a period of 45 days from the date of receipt of the objections, if any or from the date upto which an opportunity is given to the person, officer or authority to Elle objections whichever is earlier, after considering the objections, if any, received from the person, officer or authority sought to be directed and for reasons to be recorded in writing, confirm, modify or decide not to issue the proposed direction.

(5) In case where the Central Government is of the opinion that in view of the likelyhood of a grave injury to the environment it is not expedient to provide an opportunity to file objections against the proposed direction, it may, for reasons to be recorded in writing, issue directions without providing such an opportunity.

(6) Every notice or direction required to be issued under this rule shall be deemed to be duly served

(a) where the person to be served is a company, if the document is addressed in the name of the company at its registered office or at its principal office or place of business and is either-

(i) sent by registered post, or

(ii) delivered at its registered office or at the principal office or place of business;

(b) where the person to be served is an officer serving Government, if the document is addressed to the person and a copy thereof is endorsed to this Head of the Department and also to the Secretary to the Government, as the case may be, incharge of the Department in which for the time being the business relating to the Department in which the officer is employed is transacted and is either-

(i) sent by registered post, or

(ii) given or tendered to him;

(c) in any other case, if the document is addressed to the person to be served and- (i) is given or tendered to him, or

(ii) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building, if any, to which it relates, or

(iii) is sent by registered post to that person;

Explanation.-For the purpose of this sub-rule,-

(a) "company" means any body corporate and includes a firm or other association of individuals; (b) "a servant" is not a member of the family.

5. Prohibitions and restrictions on the location of industries and the carrying on processes and operations in different areas

(1) The Central government may take into consideration the following factors while prohibiting or restricting the location of industries and carrying on of processes and operations in different areas-

(i) Standards for quality of environment in its various aspects laid down for an area.

(ii)  The  maximum  allowable  limits  of  concentration  of  various  environmental  pollutants

(including noise) [or an area.

(iii) The likely emission or discharge of environmental pollutants from an industry, process or operation proposed to be prohibited or restricted.

(iv) The topographic and climatic features of an area.

(v) The biological diversity of the area which, in the opinion of the Central Government needs to be preserved.

(vi) Environmentally compatible land use.

(vii) Net adverse environmental impact likely to be caused by an industry, process or operation proposed to be prohibited or restricted.

(viii) Proximity to a protected area under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 or a sanctuary, National Park, game reserve or closed area notified as such under the Wild Life (Protection) Act, 1972 or places protected under any treaty, agreement or convention with any other country or countries or in pursuance of any decision made in any international confcrcnce1 association or other body.

(ix) Proximity to human settlements.

(x) Any other factor as may be considered by the Central Government to De relevant to the protection of the environment in an area.

(2) While prohibiting or restricting the location of industries and carrying on of processes and operations in an area, the Central Government shall follow the procedure hereinafter laid down.

(3) (a) Whenever it appears to the Central Government that it is expedient to impose prohibition or restrictions on the locations Of an industry or the carrying on of processes and operations in an area, it may by notification in the Official Gazette and in such other manner as the Central government may deem necessary from time to time, give notice of its intention to do so.

(b) Every notification under clause (a) shall give a brief description of the area, the industries, operations, processes in that area about which such notification pertains and also specify the reasons for the imposition of prohibition or restrictions on the locations of the industries and carrying on of process or operations in that area.

(c) Any person interested in filing an objection against the imposition of prohibition or restrictions on carrying on of processes or operations as notified under clause (a) may do so in writing to the Central Government within sixty days from the date of publication of the notification in the Official Gazette.

(d) The Central Government shall within a period of one hundred and twenty days from the date of publication of the notification in the Official Gazette consider all the objections received against such notification and may impose prohibition or restrictions on location of such industries and the carrying on of any process or operation in an area.

6. Procedure of taking samples

The Central Government or the officer empowered to take samples under section 11 shall collect the sample in sufficient quantity to be divided into two uniform parts and effectively seal and suitably mark the same and permit the person from whom the sample is taken to add his own seal or mark to all or any of the portions so sealed and marked. In case where the sample is made up in containers or small volumes and is likely to deteriorate or be otherwise damaged if exposed, the Central Government or the officer empowered shall take two of the said samples without opening the containers and suitably seal and mark the same. The Central Government or the officer empowered shall dispose of the samples so collected as follows:-

(i) One portion shall be handed over to the person from whom the sample is taken under acknowledgement; and

(ii) the other portion shall be sent forthwith to the environmental laboratory or analysis.10

7. Service of notice

The Central Government or the officer empowered shall serve on thc occupier or his agent or person in charge of the place a notice then and there in Form I of his intention to have the sample analysed.

8. Procedure for submission of samples for analysis, and the form of laboratory report thereon.

(1) Sample taken for analysis shall be sent by the Central Government or the officer empowered to the environmental laboratory by registered post or through special messenger along with Form II.

(2) Another copy of Form II together with specimen impression of seals of the officer empowered to take samples along with the seals/marks, if any, of the person from whom the sample is taken shall be sent separately in a sealed cover by registered post or through a special messenger to the environmental laboratory.

(3) The findings shall bc recorded in Form III in triplicate and signed by the Government Analyst and

sent to the officer from whom the sample is received for analysis.

(4) On receipt of the report of the findings of the Government Analyst, the officer shall send one copy of the report to the person from whom the sample was taken for analysis, the second copy shall be retained by him for his record and the third copy shall be kept by him to be produced in the Court before which proceedings, if any, are instituted.

9. Functions of environmental laboratories.

The following shall be the functions of environmental laboratories:-

(i)  to  evolve  standardised  methods  for  sampling  and  analysis  of  various  types  of  environmental pollutants;

(ii) to analyse samples sent by the Central Government or the officers empowered under sub-section (1)

of section 11.

(iii) to carry  out such  investigations  as may  be directed by the Central Government to  lay down standards for the quality of environment and discharge of environmental pollutants, to monitor and to enforce the standards laid down;

(iv) to send periodical reports regarding its activities to the Central Government;

(v) to carry out such other functions as may be entrusted to it by the Central Government from time to time.

10. Qualification of Government Analyst.

A person shall not be qualified for appointment or recognised as a Government Analyst unless he is a:- (a) graduate in science from a recognised university with five years experience in laboratory

engaged in environmental investigation, testing or analysis; or

(b) post-graduate in science or a graduate in engineering or a graduate in medicine or equivalent with two years experience in a laboratory engaged in environmental investigations testing or analysis; or

(c)  post-graduate  in  environmental  science  from  a  recognized  university  with  two  years experience in a laboratory engaged in environmental investigations, testing or analysis.

11. Manner of giving notice

The manner of giving notice under clause (b) of section 19 shall be as follows, namely:- (l) Thc notice shall be in writing in Form IV.

(2) Thc person giving notice may send notice to-

(a) if the alleged offence has taken place in a Union territory

(A) the Central Board and

(B)   Ministry   of   Environment   and   Forests   (represented   by   the   Secretary   to

Government of India);

(b) if the alleged offence has taken place in a State: (A) the State Board; and

(B)  the  Government  of  the  State  (represented  by  the  Secretary  to  the  State

Government incharge of environment); and

(C) the Ministry of Environment and Forests (represented by the Secretary to the

Government of India);

(3) The notice shall be sent by registered post acknowledgement due; and

(4) The period Of sixty days mentioned in clause (b) of section 19 of the Environment (Protection) Act,

1986 shall be reckoned from the date it is first received by one of the authorities mentioned above.

11[12. Furnishing of information to authorities and agencies in certain cases.

Where the discharge of environmental pollutant in excess of the prescribed standards occurs or is apprehended to occur due to any accident or other unforeseen act or event, the person in charge of the place at which such discharge occurs or is apprehended to occur shall forth with intimate the fact of such occurrence or apprehension of such occurrence to all the following authorities or agencies, namely:-

(i) The officer-in-charge of emergency or disaster relief operation in a district or other region of a state or Union territory specified by whatever designation by the Government of the said State or Union territory, and in whose jurisdiction the industry, process or operation is located.

(ii) Central Board or a State Board as the case may be and its regional officer having local jurisdiction who have been delegated powers under section 20, 21, 23 of the Water (Prevention and Control of Pollution) Act 1974 (6 of l974)- and section 24 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1’981)

(iii) The statutory authorities or agencies specified in column 3 in relation to places mentioned in column 2 against thereof of the Schedule II.]

12[13. Prohibition and restriction on the handling of hazardous substances in different areas.

(1) The Central Government may take into consideration the following factors while prohibiting or restricting the handling of hazardous substances in different area is-

(i) Thc hazardous nature of the substance (either in qualitative or quantitative terms as far as may be) in terms of its damage causing potential to the environment, human beings, other living creatures, plants and property;

(ii) the substances that may be or likely to be readily available as substitutes for the substances proposed to be prohibited or restricted;

(iii) the indigenous availability of the substitute, or the state of technology available in thc country for developing a safe substitute;

(iv) the gestation period that may be necessary for gradual introduction of a new substitute with a view to bringing about a total prohibition of the hazardous substance in question; and

(v) any other factor as may be considered by the Central Government to be relevant to the protection of environment.

(2) While prohibiting or restricting the handling of hazardous substances in an area including their imports and exports the Central Government shall follow the procedure hereinafter laid down-

(i) Whenever it appears to the Central Government that it is expedient to impose prohibition or restriction on the handling of hazardous substances in an area, it may, by notification in thc Official Gazette and in such other manner as the Central Government may deem necessary from time to time, give notice of its intention to do so.

(ii) Every notification under clause (i) shall give a brief description of the hazardous substances and the geographical region or the area to which such notification pertains, and also specify the reasons for the imposition of prohibition or restriction on the handling of such hazardous substances in that region or area.

(iii)  Any  person  interested  in  filing  an  objection  against  the  imposition  of  prohibition  or restrictions on the handling of hazardous substances as notified under clause (i) may do so in writing  to  the  Central  Government  within  sixty  days  from  the  dale  of  publication  of  the notification in the Official Gazette.

(iv) The Central Government shall within a period of ninety days from the date of publication of the  notification  in  the  Official  Gazette  consider  all  the  objections  received  against  such notification and may impose prohibition or restrictions on the handling of hazardous substances in a region or an area.]

13[14. Submission of environmental audit report.

Every person carrying on an industry, operation or process requiring consent under Section 25 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) or under section 21 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) or both or authorisation under the Hazardous Wastes (Management and Handling) Rules, 1989 issued under the Environment (Protection) Act, 1986 (29 of 1986) shall submit an environmental audit report for the financial year ending the 3ist March in Form V to the concerned State Pollution Control Board on or before the 15th day of May every year, beginning 1993.]

1 Clauses (aa), (ee) and (ff) inserted by Notification NO. G.S.R. 931(E) dated 27-10-89 published in the Gazette NO. 564 dated 27-10-89. These rules are- referred to as Principal Rules in all Notifications beginning with S.O. 82(E) published in the Gazette No. 66 dated 16-2-87.

2 Clauses (aa), (ee) and (it) inserted by Notification No. G.S.R 931(E) dated 27.10.1989 published in the Gazette No.564 dated 27.10.1989. These rules are referred to as Principal Rules in all Notifications beginning with S.O. 82(E) published in the Gazette No.66 dated 16.02.1987.

3 Substituted by notification G.S.R 422O dated 19.05.1993, published in the Gazette No. 174 dated

19.05.1993.

4 Subistituted ibid

5 The sub-rule (3) of rule 3 inserted vide S.O. 23(E) dt. 16.01.1991.

6 The sub-rule (3A) of rule 3 inserted by rule 2(a)(iii) of the Environment Protection) Second Ammendment Rules, 1993 notified vide G.S.R. 422(E) dt.19.05.t993, published in the Gazette No.174 dated 19.05.1993

7 Substituted by rule 2(a) of the Environment (Protection) Third Ammendment Rules, 1993 notified vide

Notification G.S.R. 801 (E), dt. 31.12.1993, published in Gazette No.463 dt. 31.12.1994.

8 Sub-rule (6) and (7) of rule 3 were added by the Environment (Protection) Amendment Rule, 1992 vide G.S.R. 95(E) dated 12.02.1992.

9  Sub-rule (3) of rule 4 of the Principal Rules was re-numbered as sub-rule 3(a) and sub-rule 3(b)

inserted vide Notification No. S.O. 64(E) published in the Gazette No. 42 dated 18-1-88.

10 For rule 6 of the principal rules this rule was substitute vide S.O. 64(E) published irk the Gazette No.

42 dt. 18-1-88.

11 Rule 12 inserted vide Notification No. S.O. 32(E) dated 16-2-87 published in the Gazette No. 66 dated 16-2-87.

12 Rule 13 inserted vide Notification No G.S.R. 931(E) dt. 27-10-89 published in the Gazette No. 564 dt. 27-10-89.

13 Inserted by Rule 2 of the Environment (Protection) Second Amendment & Rules, 1992 wide G.S.R.

329(E), dated 13.03.1992.

The Environment (Protection) Act, 1986, India

The Environment (Protection) Act, 1986

CONTENTS

CHAPTER-I Preliminary

1.        Short title, extent and commencement

2.        Definitions

CHAPTER II Reserved Forests

3.        Power of Central Government to take measures to protect and improve environment

4.        Appointment of officers and their powers and functions.

5.        Power to give directions.

6.        Rules to regulate environmental pollution.

CHAPTER III

Prevention, Control and Abatement of Environmental Pollution

7.        Persons carrying on industry, operation, etc. not to allow emission or discharge of environmental pollutants in excess of the standards.

8.        Persons handling hazardous substances to comply with procedural safeguard.

9.        Furnishing of information to authorities and agencies in certain cases.

10.      Power of entry and inspection.

11.      Power to take sample and procedure to be followed in connection therewith.

12.      Environmental Laboratories.

13.      Government analysts.

14.      Reports of Government analysts.

15.      Penalty for contravention of the provisions of the act and the rules, orders and directions

16.      Offences by companies.

17.      Offences by Government Departments.

CHAPTER IV Miscellaneous

18.      Protection of action taken in good faith.

19.      Cognizance of offences.

20.      Information, Reports or Returns.

21.      Members, Officers and Employees of the authority constituted under section

3 to be public servants

22.      Bar of Jurisdiction.

23.      Power to delegate.

24.      Effect of other laws.

25.      Power to make rules.

26.      Rules made under this act to be laid before parliament.

THE ENVIRONMENT (PROTECTION) ACT, 1986

(Central Act 29 OF 1986)

[23rd May, 1986]

An Act to provide for the protection and improvement of environment and for matters connected therewith.

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;

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;

Be it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:-

CHAPTER I PRELIMINARY

1.  Short  title,  extend  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  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.

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  between  water,  air  and  land,  and  human  beings,  other  living creatures, plants, microorganism and property;

(b)    “Environmental pollutant” means any solid 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 pollution;

(d)    “Handling”, in relation to any substance, means the manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of such substance;

(e)     “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;

(f)      “Occupier”, in relation to any factory or premises, 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;

(g)     “Prescribed” means prescribed by rules made under this Act.

CHAPTER II

GENERAL POWERS OF THE CENTRAL GOVERNMENT

3. Power of Central Government to take measures to protect and improve environment - (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 purpose of protecting and improving the quality of the environment and preventing controlling and abating environmental pollution.

(2)    In particular, and without prejudice to the generality of the provisions of sub- section (1), such measures may include measures with respect to all or any of the following matters, namely:-

(i)      co-ordination  of actions  by  the State Governments, officers and  other authorities-

(a)     under this Act, or the rules made thereunder, or

(b)    under any other law for the time being in force which is relatable to the objects of this Act;

(ii)      planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution;

(iii)     laying down standards for the quality of environment in its various aspects; (iv)     laying  down  standards  for  emission  or  discharge  of  environmental

pollutants from various sources whatsoever:

Provided that different standards for emission or discharge may be laid down under this clause from different sources having regard to the quality or composition of the emission or discharge of environmental pollutants from such sources;

(v)      restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards;

(vi)    laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents;

(vii)    laying  down procedures and safeguards for the handling  of hazardous substances;

(viii)   examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution;

(ix)    carrying  out  and  sponsoring  investigations  and  research  relating  to problems of environmental pollution;

(x)      inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions  to  such  authorities,  officers  or  persons  as  it  may  consider

necessary to  take steps for the prevention,  control  and abatement  of environmental pollution;

(xi)     establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this Act;

(xii)    collection and dissemination of information in respect of matters relating to environmental pollution;

(xiii)   preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution;

(xiv)   such  other  matters  as  the  Central  Government  deems  necessary  or expedient for the purpose of securing the effective implementation of the provisions of this Act.

(3)    The Central Government may, if it considers it necessary or expedient so to do for the purpose of this Act, by order, published in the Official Gazette, constitute an authority or authorities by such name or names as may be specified in the order for the purpose of exercising and performing such of the powers and functions (including  the  power  to  issue  directions  under  section  5)  of  the  Central Government under this Act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise and powers or perform the functions or take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers or perform those functions or take such measures.

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 designation as it thinks fit for the purposes of this Act and may entrust to them such of the powers and functions under this Act as it may deem fit.

(2)    The officers appointed under sub-section (1) shall  be subject to the general control and direction of the Central Government or, if so directed by that Government, also of the authority or authorities, if any, constituted under sub- section (3) of section 3 or of any other authority or officer.

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 performance of its functions under this Act, issue directions in writing to any person, officer or any authority and such person, officer or authority shall be bound to comply with such directions.

Explanation - For the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct-

(a)     the closure, prohibition or regulation of any industry, operation or process;

or

(b)    stoppage or regulation of the supply of electricity or water or any other service.

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 particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a)    the  standards  of  quality  of  air,  water  or  soil  for  various  areas  and purposes;

(b)    the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas;

(c)      the procedures and safeguards for the handling of hazardous substances; (d)     the prohibition and restrictions on the handling of hazardous substances in

different areas;

(e)     the prohibition and restriction on the location of industries and the carrying on process and operations in different areas;

(f)      the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents.

CHAPTER III

PREVENTION, CONTROL, AND ABATEMENT OF ENVIRONMENTAL POLLUTION

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 pollutants in excess of such standards as may be prescribed.

8. Persons handling hazardous substances to comply with procedural safeguards

- 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 may be prescribed.

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 unforeseen act or event, the person responsible for such discharge and the person in charge of the place at which such discharge occurs or is apprehended to occur shall be bound to prevent or mitigate the environmental pollution caused as a result of such discharge and shall also forthwith-

(a)     intimate the fact of such occurrence or apprehension of such occurrence;

and

(b)    be bound, if called upon, to render all assistance, to such authorities or agencies as may be prescribed.

(2)    On  receipt  of  information  with  respect  to  the  fact  or  apprehension  on  any occurrence  of  the  nature  referred  to  in  sub-section  (1),  whether  through intimation  under  that  sub-section  or  otherwise,  the  authorities  or  agencies referred to in sub-section (1) shall, as early as practicable, cause such remedial measures to be taken as necessary to prevent or mitigate the environmental pollution.

(3)    The expenses, if any, incurred by any authority or agency with respect to the remedial measures referred to in sub-section (2), together with interest (at such reasonable rate as the Government may, by order, fix) from the date when a demand for the expenses is made until it is paid, may be recovered by such authority or agency from the person concerned as arrears of land revenue or of public demand.

10. Powers 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 times with such assistance as he considers necessary, any place-

(a)     for  the  purpose  of  performing  any  of  the  functions  of  the  Central

Government entrusted to him;

(b)    for the purpose of determining whether and if so in what manner, any such functions are to be performed or whether any provisions of this Act or the rules made thereunder or any notice, order, direction or authorisation served,  made,  given  or  granted under  this  Act  is  being  or  has  been complied with;

(c)      for the purpose of examining and testing any equipment, industrial plant, record, register, document or any other material object or for conducting a search of any building in which he has reason to believe that an offence under this Act or the rules made thereunder has been or is being or is about to be committed and for seizing any such equipment, industrial plant, record, register, document or other material object if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this  Act or the rules made thereunder or that such seizure is necessary to prevent or mitigate environmental pollution.

(2)    Every person carrying on any industry, operation or process of handling any hazardous substance shall be bound to render all assistance to the person empowered by the Central Government under sub-section (1) for carrying out the functions under that sub-section and if he fails to do so without any reasonable cause or excuse, he shall be guilty of an offence under this Act.

(3)    If any person wilfully delays or obstructs any persons empowered by the Central Government under sub-section (1) in the performance of his functions, he shall be guilty of an offence under this Act.

(4)    The provisions of the Code of Criminal Procedure, 1973, or, in relation to the State of Jammu and Kashmir, or an area in which that Code is not in force, the provisions of any corresponding law in force in that State or area shall, so far as may be, apply to any search or seizures under this section as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said Code or as the case may be, under the corresponding provision of the said law.

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 or other substance from any factory, premises or other place in such manner as may be prescribed.

(2)    The result of any analysis of a sample taken under sub-section (1) shall not be admissible in  evidence in any legal proceeding unless the provisions of sub- sections (3) and (4) are complied with.

(3)    Subject to the provisions of sub-section (4), the person taking the sample under sub-section (1) shall-

(a)    serve on the occupier or his agent or person in charge of the place, a notice, then and there, in such form as may be prescribed, of his intention to have it so analysed;

(b)    in the presence of the occupier of his agent or person, collect a sample for analysis;

(c)      cause the sample to be placed in a container or containers which shall be marked and sealed and shall also be signed both by the person taking the sample and the occupier or his agent or person;

(d)    send  without  delay,  the container  or the containers  to the laboratory established or recognised by the Central Government under section 12.

(4)    When a sample is taken for analysis under sub-section (1) and the person taking the sample serves on the occupier or his agent or person, a notice under clause (a) of sub-section (3), then,-

(a)    in a case where the occupier, his agent or person wilfully absents himself, the person taking the sample shall collect the sample for analysis to be placed in a container or containers which shall be marked and sealed and shall also be signed by the person taking the sample, and

(b)    in a case where the occupier or his agent or person present at the time of taking the sample refuses to sign the marked and sealed container or containers of the sample as required under clause (c) of sub-section (3), the marked and sealed container or containers shall be signed by the person taking the samples, and the container or containers shall be sent without  delay  by  the  person  taking  the  sample  for  analysis  to  the

laboratory established or recognised under section 12 and such person shall inform the Government Analyst appointed or recognised under section

12 in writing, about the wilfull absence of the occupier or his agent or person, or,  as  the case may  be,  his refusal  to sign  the container or containers.

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  laboratories  or  institutes  as  environmental laboratories to carry out the functions entrusted to an environmental laboratory under this Act.

(2)    The Central Government may, by notification in the Official Gazette, make rules specifying-

(a)     the functions of the environmental laboratory;

(b)    the procedure for the submission to the said laboratory of samples of air, water, soil or other substance for analysis or tests, the form of the laboratory report thereon and the fees payable for such report;

(c)      such other matters as may be necessary or expedient to enable that laboratory to carry out its functions.

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 qualifications to be Government Analysts for the purpose of analysis of samples of air, water, soil or other substance sent for analysis to any environmental laboratory established or recognised under sub-section (1) of section 12.

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 respect of each such failure or contravention, be punishable with imprisonment for a term which may extend to five years with fine which may extend to one lakh rupees, or with both, and in case the failure or contravention continues, with additional fine which may extend to  five  thousand  rupees  for  every  day  during  which  such  failure  or  contravention continues after the conviction for the first such failure or contravention.

(2)    If the failure or contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to seven years.

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 was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2)    Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation-For the purpose of this section,

(a)    “company” means any body corporate and includes a firm or other association of individuals;

(b)     “director”, in relation to a firm, means a partner in the firm.

17. Offences by Government Departments - (1) Where an offence under this Act has been committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Provided that nothing contained in this section shall render such Head of the Department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercise all due diligence to prevent the commission of such offence.

(2)    Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a Department of Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the Head of the Department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

CHAPTER IV MISCELLANEOUS

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 constituted under this Act or any member, officer or other employee of such authority in respect of anything which is done or intended to be done in

good faith in pursuance of this Act or the rules made or orders or directions issued thereunder.

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 authorised in this behalf by that Government, or

(b)    any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Central Government or the authority or officer authorised as aforesaid.

20. Information, reports or returns - The Central Government may, in relation to its function under this Act, from time to time, require any person, officer, State Government or other authority to furnish to it or any prescribed authority or officer any reports, returns, statistics, accounts and other information and such person, officer, State Government or other authority shall be bound to do so.

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 act in pursuance of any provisions of this Act or the rules made or orders or directions issued thereunder shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

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 Central Government or any other authority or officer in pursuance of any power conferred by or in relation to its or his functions under this Act.

23. Powers 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 to such conditions and limitations as may be specified in the notifications, such of its powers and functions under this Act [except the powers to constitute an authority under sub-section (3) of section 3 and to make rules under section 25] as it may deem necessary or expedient, to any officer, State Government or other authority.

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 inconsistent therewith contained in any enactment other than this Act.

(2)    Where any act or omission constitutes an offence punishable under this Act and also under any other Act then the offender found guilty of such offence shall be liable to be punished under the other Act and not under this Act.

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 prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely-

(a)    the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7;

(b)    the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or caused to be handled under section 8;

(c)      the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section

9;

(d)    the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11;

(e)     the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub section (3) of section 11;

(f)      the functions  of the environmental  laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12;

(g)    the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13;

(h)    the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19;

(i)      the authority of officer to whom any reports, returns, statistics, accounts and other information shall be furnished under section 20;

(j)      any other matter which is required to be, or may be, prescribed.

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 Hose of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

SECTORS REQUIRING ENVIRONMENTAL CLEARANCE IN INDIA

In India, EC is required for Projects/ Activities in following 8 Sectors.

1. Mining, Extraction of Natural Resources & Power Generation.

2. Primary Processing.

3. Materials Production.

4. Materials Processing.

5. Manufacturing/Fabrication

6. Service Sector

7. Physical Infrastructure including       Environmental Services.

8. Building Construction Projects/Area Development Projects/ Township

CONCEPT OF CLIMATE CHANGE:-

Climate change, resulting from 'anthropogenic' emissions of GHGs (suit of gases) due to fossil fuel use, certain agricultural & Industrial activities and deforestation leading to their increasing concentrations in the atmosphere, has the potential over the next  a few generations to significantly alter Global climate.
'Anthropogenic' means caused or influenced by 'Humans' or 'Human Activity'.
CHG is gas in an atomsphere that absorbs & emits radiation within the thermal Infrared range. This process is the fundamental cause of GH effect.
Climate potential over the next few generations to significantly alter global climate. This would result in large changes in ecosystem, leading to possibly catastrophic disruptions of livelihood, economic activity, living conditions & human health. On the other hand abatement of GHG's would involve significant economic costs.
The primary GHGs in Earth's atmosphere are water vapour, CO2, Methane, Nitrous oxide and Ozone. Anthropogenic or human activities since the beginning of the Industrial revolution ( taken as the year 1750 ) have produced a 40% increase in the atmospheric concentration of CO2 from 280 ppm in 1750 to 400 ppm in 2015. This increase has occurred despite the uptake of a large portion of the emission by various natural 'sinks' involved in the carbon cycle.
Anthropogenic CO2 emissions come from combustion of carbon-based fuels, principally coal, oil & NG along with deforestation, soil erosion & animal agriculture.
It has been estimated that if GHGs emissions continue at present rate, Earth's surface temperature could exceed historical values as early as 2047, with potentially harmful effects on ecosystems, biodiversity & the livelihoods of people worldwide. Recent estimates suggest that on the current emissions trajectory the earth could pass a threshold of 2°C global warming  which is the 'upper limit' to avoid 'dangerous' global warming by 2036.
While Climate Change is a global environmental issue, different countries bear different levels of responsibility of increase in atmospheric GHG's concentrations.
Further adverse impacts of climate change will fall disproportionately on those who have the least responsibility for causing the problem, in perticular, developing countries, including India.
Since GHG's emissions are directly linked to economic activity. India's economic growth will necessarily involve increase in GHG's emissions from the current extremely low levels.
Any constraints on the emissions of GHG's by India, whether direct or by way of emissions targets or indirect will reduce growth rates.

CLIMATE CHANGE :- INDIA's APPROACH

India's approach to Multilateral efforts at addressing Climate Change:-

1. Adherence to the principle of common but differentiated responsibility & respective capabilities of different countries in respect of both mitigation of GHGs and adaption measures.

2. Reliance on multilateral approaches, as opposed to bilateral or pluri-lateral or uni-lateral measures.

3. Equal per capita entitlements of environmental resources to all countries.

4. Over-riding priority of the right to development.

ESSENTIAL STEPS TO COMPLETE ENVIRONMENTAL IMPACT ASSESSMENT REPORT

1. Describe the Project (Proposed) and the     available options.

2. Describe the Existing Environment.

3. Select the Impact Indicators to be used.
     The four impact indicators are used.
      1. Natural Physical resources
      2. Natural Ecological resources
      3. Human & Economic development                     resources or  values.                          
      4. Quality of life e.g. aesthetic and                         cultural values which are difficult to               assess.

4. Predict the nature and extent of                   Environmental changes or effects.

5. Identify the relevant human concerns         or factors.

6. Assess the significance of the Impact.

7. Incorporate appropriate mitigating and     abatement measures.

8. Identify the Environmental costs &             benefits of the project to community.

9. Report on the assessment.