The Environment (Protection) Act, 1986

(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 1as the Central Government may, by notification in theOfficial Gazette, appoint and different dates may be appointed for different provisions of this Act and fordifferent areas.

In this Act, unless the context otherwise requires,-- (a) "environment" includes water, air and land and the inter-relationship which exists among andbetween water, air and land, and human beings, other living creatures, plants, micro-organism andproperty; (b) "environmental pollutant" means any solid, liquid or gaseous substance present in suchconcentration as may be, or tend to be, injurious to environment; (c) "environmental pollution" means the presence in the environment of any environmentalpollutant; (d) "handling", in relation to any substance, means the manufacture, processing, treatment,package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer orthe like of such substance; (e) "hazardous substance" means any substance or preparation which, by reason of its chemical orphysico-chemical properties or handling, is liable to cause harm to human beings, other livingcreatures, plants, micro-organism, property or the environment; (f) "occupier", in relation to any factory or premises, means a person who has control over theaffairs of the factory or the premises and includes, in relation to any substance, the person inpossession of the substance; (g) "prescribed" means prescribed by rules made under this Act.

(1) Subject to the provisions of this Act, the Central Government shall have the power totake all such measures as it deems necessary or expedient for the purpose of protecting and improving thequality 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), suchmeasures 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 thisAct; (ii) planning and execution of a nation-wide programme for the prevention, control andabatement 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 varioussources whatsoever: Provided that different standards for emission or discharge may be laid down under this clausefrom different sources having regard to the quality or composition of the emission or discharge ofenvironmental 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 causeenvironmental 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 tocause environmental pollution; (ix) carrying out and sponsoring investigations and research relating to problems ofenvironmental 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 personsas it may consider necessary to take steps for the prevention, control and abatement of environmentalpollution; (xi) establishment or recognition of environmental laboratories and institutes to carry out thefunctions entrusted to such environmental laboratories and institutes under this Act; (xii) collection and dissemination of information in respect of matters relating to environmentalpollution; (xiii) preparation of manuals, codes or guides relating to the prevention, control and abatement ofenvironmental pollution; (xiv) such other matters as the Central Government deems necessary or expedient for the purposeof 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 purposes ofthis Act, by order, published in the Official Gazette, constitute an authority or authorities by such name ornames as may be specified in the order for the purpose of exercising and performing such of the powersand functions (including the power to issue directions under section 5) of the Central Government underthis Act and for taking measures with respect to such of the matters referred to in sub-section (2) as maybe mentioned in the order and subject to the supervision and control of the Central Government and theprovisions of such order, such authority or authorities may exercise the powers or perform the functionsor take the measures so mentioned in the order as if such authority or authorities had been empowered bythis Act to exercise those powers or perform those functions or take such measures.

(1) Without prejudice to theprovisions of sub-section (3) of section 3, the Central Government may appoint officers with suchdesignations as it thinks fit for the purposes of this Act and may entrust to them such of the powers andfunctions under this Act as it may deem fit. (2) The officers appointed under sub-section (1) shall be subject to the general control and directionof the Central Government or, if so directed by that Government, also of the authority or authorities, ifany, constituted under sub-section (3) of section 3 or of any other authority or officer.

Notwithstanding anything contained in any other law but subject to theprovisions of this Act, the Central Government may, in the exercise of its powers and performance of itsfunctions under this Act, issue directions in writing to any person, officer or any authority and suchperson, 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 directionsunder 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.