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    Name:Kapil Sharma: ENR. NO:04120705614 Environment Engineering

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    This document provides an overview of the Environment (Protection) Act of 1986 in India. It establishes that the Act was passed to address increasing environmental pollution and degradation in the country. The objectives of the Act are to implement international agreements on environmental protection, coordinate regulatory agencies, and create authorities to regulate pollution. The Act gives powers to the central government to establish standards for pollution, inspect sites, issue directions to authorities, and appoint officers to enforce the Act. It also outlines penalties for non-compliance, including fines and imprisonment. The Act takes a strict approach to hold companies and their directors responsible for offenses committed by the organization.

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    Name:Kapil Sharma: ENR. NO:04120705614 Environment Engineering

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    Kapil Sharma
    14 views16 pages
    This document provides an overview of the Environment (Protection) Act of 1986 in India. It establishes that the Act was passed to address increasing environmental pollution and degradation in the country. The objectives of the Act are to implement international agreements on environmental protection, coordinate regulatory agencies, and create authorities to regulate pollution. The Act gives powers to the central government to establish standards for pollution, inspect sites, issue directions to authorities, and appoint officers to enforce the Act. It also outlines penalties for non-compliance, including fines and imprisonment. The Act takes a strict approach to hold companies and their directors responsible for offenses committed by the organization.

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    This document provides an overview of the Environment (Protection) Act of 1986 in India. It establishes that the Act was passed to address increasing environmental pollution and degradation in the country. The objectives of the Act are to implement international agreements on environmental protection, coordinate regulatory agencies, and create authorities to regulate pollution. The Act gives powers to the central government to establish standards for pollution, inspect sites, issue directions to authorities, and appoint officers to enforce the Act. It also outlines penalties for non-compliance, including fines and imprisonment. The Act takes a strict approach to hold companies and their directors responsible for offenses committed by the organization.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    14 views16 pages

    Name:Kapil Sharma: ENR. NO:04120705614 Environment Engineering

    Uploaded by

    Kapil Sharma
    This document provides an overview of the Environment (Protection) Act of 1986 in India. It establishes that the Act was passed to address increasing environmental pollution and degradation in the country. The objectives of the Act are to implement international agreements on environmental protection, coordinate regulatory agencies, and create authorities to regulate pollution. The Act gives powers to the central government to establish standards for pollution, inspect sites, issue directions to authorities, and appoint officers to enforce the Act. It also outlines penalties for non-compliance, including fines and imprisonment. The Act takes a strict approach to hold companies and their directors responsible for offenses committed by the organization.

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    © All Rights Reserved
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    of 16

    NAME:KAPIL SHARMA

    ENR. NO :04120705614
    ENVIRONMENT ENGINEERING

    INTRODUCTION
    The department of Environment was established in India
    in 1980. This later became the Ministry of Environment
    and Forests in 1985.
    The EPA (Environment Protection Act), 1986 came into
    force soon after the Bhopal gas tragedy.
    It was passed in March 1986 and came into force on
    Nov. 1986.
    The EPA is considered to be an Umbrella legislation as
    it fills many gaps in the existing laws.

    NEED
    The concern over the state of environment has
    grown. The decline in Environment quality has
    been evidenced by:
    a. increasing pollution
    b. loss of vegetal power and biological diversity
    c. threat to life support systems
    . The Environment (Protection) Act, 1986 is the
    most comprehensive act on the Indian statue
    book relating to environment protection.
    . Enacted under article 253 of the constitution.

    OBJECTIVES
    To implement the decisions made at the U.N.
    Conference on the Human environment held at
    Stockholm in June, 1972.
    To co-ordinate the activities of the various
    regulatory agencies already in existence.
    Creation of an authority or authorities with
    adequate powers for environmental protection.
    Regulation of discharge of environmental
    pollutants and handling of hazardous
    substances.

    SCHEME OF THE ACT


    The Environment (Protection) Act, 1986 has 26
    Sections and it has been divided into four
    chapters relating to:
    1. Preliminary,
    2. General Powers of the Central
    Government,
    3. Prevention, Control, and Abatement of
    Environmental Pollution,
    4. Miscellaneous.

    Preliminary
    1. Short Title, Extend And
    Commencement
    2. Definitions

    1.Short title, Extent


    and
    Commencement
    The Act may be called the Environment
    (Protection) Act, 1986.
    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.

    2. DEFINITIONS
    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, micro-organism and
    property;
    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.

    General Powers of the


    Central Government
    To make rules to regulate environmental pollution; To
    notify standards and maximum limits of pollutants of
    air, water, and soil for various areas and purposes
    (Section 3-6).
    Under Sec(3): may constitute authority or authorities
    for the purpose of exercising of performing such of
    the power and functions;
    Under Sec(4): may appoint a person for inspection;
    Under Sec(5): may issue directions in writing to any
    officers or any authority to comply;
    Under Sec(6): it empower the government to make
    rules to achieve the object of the act.

    Appointment of Officers and


    their powers and functions
    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 and functions under this
    act as it may deem fit.
    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
    any other authority or officer.

    Prevention, Control, and Abatement of


    Environmental Pollution
    The Central Government has the power to take all such measures
    as it deems necessary for the purpose of protecting and
    improving the quality of environment. Such measures may
    include:
    Co-ordination of actions by the State Government officers and
    other authorities under this act or under any law.
    Prevention and execution of nation- wide programmes for the
    prevention, control and abatement of environmental pollution.
    Laying down standards for the quality of environment and
    emission or discharge of environmental pollutants.
    Laying down procedures and safeguards for handling of
    hazardous substance and establishment of environmental
    laboratories.
    Under section 3(3), the Central Government may constitute
    authorities to exercise powers and perform functions as
    mentioned above.

    Offences And Penalties

    1.Penalty for Contravention of the provisions of the Act,


    Rules, Orders and Directions.
    2. Offences by Companies and Government Departments.

    PENALTIES
    Sec 15 of the EPA provides that any person who fails
    to comply or contravenes any of the provisions of
    the Act, or the rules made or orders or directions
    issued under the act or rules, shall be punishable:a) With imprisonment for a term which may extend to
    5 years,
    b) With fine which may be extend to one lakh rupees,
    c) With both.
    )In case the failure or contravention continues after
    the conviction for first failure or contravention, an
    additional fine which may extend to five thousand
    for every day can be imposed for a period till it
    continues.
    )If the failure or contravention continues beyond a
    period of one year after conviction, the offender
    shall be punishable with imprisonment for a term

    OFFENCES
    Sec 16 of EPA incorporates the principle of vicarious
    liability of the person concerned, Director, Manager,
    Secretary or other officer, for the offence if committed by the
    company.
    The company as well as the person directly responsible for
    the conduct of the business of the company shall be deemed
    to be liable to punishment.
    However, the person responsible for the conduct of business
    of the company is not held liable if he proves:
    a) That the offence was committed without his knowledge,
    b) That he exercised all due diligence/ care to prevent the
    commission of such offence.

    REFERENCES
    envfor.nic.in
    cpcb.nic.in
    edugreen.teri.res.in

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