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 prescribed5
.
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
prescribed1
.
1
See r. 13 of Environment (Protection) Rules, 1986, and
i. Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008;
ii. Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989; and
iii. Manufacture, Use, Import, Export and Storage of Hazardous Micro organisms, Genetically/Engineered
Organisms or Cells Rules, 1989
2
Rule 13 SUPRA
3
See r. 5 of Environment (Protection) Rules, 1986.
4
See r. 12 of Environment (Protection) Rules and Schedule V (Schedule II renumbered as Schedule V), and relevant
provisions of Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008,
Manufacture, Storage and Import of Hazardous Chemicals Rules and Manufacture, Use, Import Export and Storage
of hazardous Micro-organisms, Genetically Engineered Organisms or Cells Rules, 1989.
5
See r. 3 of Environment (Protection) Rules, 1986 and Schedule I.
Act 29 of 1986
The Environment (Protection) Act, 1986 273
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 prescribed1
(2) On receipt of information with respect to the fact or apprehension of 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 are 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 behalf2
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;
1
For authorities or agencies see r. 12 of Environment (Protection) Rules, 1986 and Schedule V (Schedule II renumbered as Schedule V).
2
The Central Govt. has empowered 64 persons listed in the Table of Notification No.S.O. 83 (E) published in the
Gazette of India No. 66 dated 16-2-87.
Act 29 of 1986
274 The Environment (Protection) Act, 1986
(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 willfully 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 behalf1
, 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
(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--
1
In exercise of powers conferred under sub-section (i) of section 11 the Central Government has empowered 64
officers listed in the Table vide S.O. 84. (E) published in the Gazette No. 66 dated 16-2-87
2
For procedure for taking samples see r. 6 of Environment (Protection) Rules, 1986, also
Act 29 of 1986
The Environment (Protection) Act, 1986 275
(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 or 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 13 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 Government1
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 Act2
.
1
The Central Government has delegated its powers under clause (b) of sub-section (i) of section 12 and section 13 of
the Act to the Central Pollution Control Board vide Notification No. S.O. 145 (E) dated 21-2-91 published in the
Gazette No. 128 dated 27-2-91
2
The list of laboratories/institutes recognised as environmental laboratories: and the persons recognised as Govt.
Analysts.
Act 29 of 1986
276 The Environment (Protection) Act, 1986
(2) The Central Government may, by notification in the Official Gazette, make
rules specifying--
(a) the functions of the environmental laboratory;1
(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;2
(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 qualifications3
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.
1
See r. 9 of Environment (Protection) Rules, 1986.
2
See r. 8 of Environment (Protection) Rules, 1986.
3
For qualifications of Govt. Analyst see r. 10 of Environment (Protection) Rules, 1986.
Act 29 of 1986
The Environment (Protection) Act, 1986 277
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 purposes 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.