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 Government1
, 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).
1
In exercise of powers conferred under clause (a) of section l9, the Central Government has authorised the officers and
authorities listed in the Table of Notification No.S.O. 394 (E) published in the Gazette No. 185 dated 16-4-87, S.O.
237(E) published in the Gazette No. 171 dated 29-3-89 and S.O. 656(E) dated 21-8-89 published in the Gazette No. 519
dated 21-8-89, S.O.624(E), dated 3.9.1996 and G.S.R.587(E), dated 1.9.2006.
Act 29 of 1986
The Environment (Protection) Act, 1986 279
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 71
;
(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;2
1
See Rule 3 of Environment (Protection) Rules, 1986 and Schedule-I.
2
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.
Act 29 of 1986
280 The Environment (Protection) Act, 1986
(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;1
(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;2
(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;3
(f) the functions of the environmental laboratories,4
the procedure for the
submission to such laboratories of samples of air, water, soil and other substances
for analysis or test;5
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;6
(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;7
(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 House 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.