1.Ramsar Sites:

2. Environment Protection Act 1986

Wetlands:

Wetlands occur where water meets land or wetlands are ecosystems saturated with water , either seasonally or permanently

They includes mangroves, marshes, rivers, lakes, deltas, flood plains and flooded forests, rice- fields and even coral reefs

Ramsar Convention : The convention on wetlands is called Ramsar Convension. It is the intergovernmental treaty that provides framework for convention and wide wise of wetlands and their resourses. The convention was adopted in the Iranian city of Ramsar in 1971 and came into force in 1975

Since then, Almost 90% of UN member states, from all the world's geographic regions, have acceed to become contracting parties

Ramsar Sites in Punjab:

Ropar Rab RaKHa

Kanjli

Harike Lake

Beas Conservation

Wangal WLS

keshopur Community

KERALA

Asthamudi

Kollam District

Eight Braids (8 Branches) Astha means Eight, Mudi : Hair braids

Malayalam

Vembanad lake (Vembanad koyal|) Saline

Longest lake in India

largest lake in Kerala

mangrove

Kumarkom Bird Sanctuary

Sathamkotta Lake (SaVe)

Fresh Water

UTTAR PRADESH

Nawabgang

Parvat: Agra Bird Santuary

Saman's Bird

Samaspur

Sardi

Sarsai Nawar Jheel

Upper Ganga River

Bigghat To Narora

Sur Sarovar

GUJRAT

Nal Sarova

Himachal Pradesh

Pong Dam Lake

Beas River

Kangla District

Chandra Taal

Lahul & Spiti

Himachal Pradesh

Chenab

Renuka Lake

Sirmaur District

Goddess Renuka

TAMIL NADU

Point Calimere

Wildlife and Bird Santuary

Madhya Pradesh

Bhoj Wetland- Man Made

Raja Bhoj

Manipur

Phumdis

Manipur (N.E.)

largest Freshwater

Keibul Namjao National Park

J&K

1986 Environment Protection Act

TheEnvironment(Protection)Act,1986 267

THEENVIRONMENT(PROTECTION)ACT,1986

No.29 OF1986

[23^rdMay, 1986.]

An Act to provide for the protection and improvement of environment and for matters connected there with:

WHEREAS the decisions were taken at the United Nations Conference on the HumanEnvironmentheldatStockholminJune,1972,inwhichIndiaparticipated,totake 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. SHORTTITLE,EXTENTANDCOMMENCEMENT.-

(1) ThisActmaybecalledtheEnvironment(Protection)Act,1986.

(2) ItextendstothewholeofIndia.

(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 areas¹.

2. DEFINITIONS.-

InthisAct,unlessthecontextotherwiserequires,--

(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;

1 Itcameintoforceinthewholeof Indiaon19thNovember,1986videNotificationNo.G.S.R.1198(E)dated12-11-86published in the Gazette of India No. 525 dated 12-11-86.

(b) "environmental pollutant" means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment;

(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",inrelationtoanyfactoryorpremises,meansapersonwho has, control overthe affairsof the factoryorthe premises and includesinrelation to any substance, the person in possession of the substance;

(g) "prescribed"meansprescribedbyrulesmadeunderthisAct.

CHAPTERII

GENERALPOWERSOFTHECENTRALGOVERNMENT

3. POWEROFCENTRALGOVERNMENTTOTAKEMEASURESTOPROTECT 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 prejudiceto thegenerality 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) underthisAct,ortherulesmadethereunder,or

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

(ii) planningandexecutionofanation-wideprogrammeforthe prevention, control and abatement of environmental pollution;

(iii) layingdownstandardsforthequalityofenvironmentinitsvarious

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) restrictionof areasinwhichanyindustries,operationsor 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 the powers or perform the functions or take the measures so mentioned in the order as if such authorityor authorities had been empowered bythis Act to exercise those powers or perform those functions or take such measures.

4. APPOINTMENTOFOFFICERSANDTHEIRPOWERSANDFUNCTIONS.-

(1) Withoutprejudicetotheprovisionsofsub-section(3)ofsection3,theCentral Government mayappointofficerswithsuchdesignationasitthinksfitforthepurposesof 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. POWERTOGIVEDIRECTIONS.-

Notwithstanding anything contained in any other law but subject to theprovisions of this Act, the Central Government may¹, 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 directions²

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

(a) theclosure,prohibitionorregulationofanyindustry,operationorprocess;or

(b) stoppageorregulationofthesupplyofelectricityorwateroranyother service.

6. RULESTOREGULATEENVIRONMENTALPOLLUTION.-

(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) thestandardsofqualityofair,waterorsoilforvariousareasand purposes;³

(b) themaximumallowablelimitsofconcentrationofvarious environmental pollutants (including noise) for different areas;

1The Central Government has delegated the powersvested init under section 5 of theAct to the State Governmentsof Andhra Pradesh, Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Karnataka, Kerala, Madhya Pradesh,Mizoram, Orissa, Rajasthan, Sikkim and Tamil Nadu subject to the condition that the Central Government mayrevoke such delegation of Powers in respect of all or anyone or more of the State Governments or mayitself invokethe provisions of section 5 of the Act, if in the opinion of the Central Government such a course of action isnecessary in public interest, (Notification No, S.O. 152 (E) dated 10-2-88 published in Gazette No. 54 of the samedate).ThesePowershavebeendelegatedtothefollowingStateGovernmentsalsoonthesameterms:Meghalaya, Punjab and Uttar Pradesh vide Notification No. S.0.389 (E) dated 14-4-88 published in the Gazette No.205 dated 14-4-88; Maharashtra vide Notification No. S.O. 488(E) dated 17-5-88 published in the Gazette No. 255dated 17-5-88; Goa and Jammu & Kashmir vide Notification No. S.O. 881 (E) dated 22-9-88; published in theGazette No. 749 dated 22.9.88 West Bengal Manipur vide Notification N. S.O. 408 (E) dated 6-6-89; published intheGazetteNo. 319dated 6-6-89; Tripura videNotificationNo. S.O.479 (E) dated25-7-91publishedintheGazetteNo. 414 dated 25-7-91.

2 Forissuingdirectionsseer.4ofEnvironment(Protection)Rules,1986.

3 Seer.3ofEnvironment(Protection)Rules,1986andSchedulesthereto.

i. ScheduleIliststhestandardsforemissionordischargeofenvironmentalpollutantsfromtheindustries,processes or operations and their maximum allowable limits of concentration;

ii. ScheduleIIlistsgeneralstandardsfordischargeofeffluentsandtheirmaximumlimitsofconcentrationallowable (Schedule II omitted by G.S.R.801(E), dated 31.12.1993.)

iii. ScheduleIIIlistsambientairqualitystandardsinrespectofnoiseanditsmaximumallowablelimits;and

iv. Schedule IV lists standards for emission of smoke, vapour etc. from motor vehicles and maximum allowablelimits of their emission.

v. Schedule V –furnishing of information to authorities andagencies. ScheduleII re-numbered as Schedule Vvide G.S.R.422(E), dated 19.5.1993.

vi. ScheduleVI– inserted videGSR422(E), dated19.5.1993 for GeneralStandards fordischargeof EnvironmentalPollutants,

vii. ScheduleVII–insertedvideGSR176(E),dated2.4.1996.forNationalAmbientAirQualityStandards,

(d) the prohibition and restrictions on the handling of hazardous substances in different areas;²

(e) the prohibition and restriction on the location of industries and the carrying on process and operations in different areas;³

(f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents.⁴

CHAPTERIII

PREVENTION,CONTROL,ANDABATEMENTOFENVIRONMENTAL 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 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 Seer.13ofEnvironment(Protection)Rules,1986,and

i. HazardousWastes(Management,HandlingandTransboundaryMovement)Rules,2008;

ii. Manufacture,StorageandImportofHazardousChemicalsRules,1989;and

iii. Manufacture,Use,Import,ExportandStorageofHazardousMicroorganisms,Genetically/EngineeredOrganisms or Cells Rules, 1989

2 Rule13SUPRA

3 Seer.5ofEnvironment(Protection)Rules,1986.

4 See r. 12 of Environment (Protection) Rules and Schedule V (Schedule II renumbered as Schedule V), and relevantprovisions of Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008,Manufacture, Storage and Import of Hazardous Chemicals Rules and Manufacture, Use, Import Export and Storageof hazardous Micro-organisms, Genetically Engineered Organisms or Cells Rules, 1989.

5 Seer.3ofEnvironment(Protection)Rules,1986andScheduleI.

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) intimatethefactofsuchoccurrenceorapprehensionofsuchoccurrence;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 asare necessaryto 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 suchreasonable 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. POWERSOFENTRYAND INSPECTION.-

(1) Subject to the provisions of this section, any person empowered by the Central Government inthisbehalf² shall have a right toenter, at all reasonable times with such assistance as he considers necessary, any place—

(a) for the purpose of performinganyof thefunctionsof 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 Forauthoritiesoragenciesseer.12ofEnvironment(Protection)Rules,1986andScheduleV(ScheduleIIre-numbered as Schedule V).

2 TheCentralGovt.hasempowered64personslistedintheTableofNotificationNo.S.O.83(E)publishedinthe

GazetteofIndiaNo.66dated16-2-87.

(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 Actor the rules made thereunder hasbeenoris beingor isaboutto 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 ofthe 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 CentralGovernmentundersub-section(1)intheperformanceofhisfunctions,heshallbe guilty of an offence under this Act.

(4) The provisions of the Code of Criminal Procedure, 1973, or, in relation to the State ofJammu and Kashmir, or an area in whichthatCode is notin force, the provisions of any corresponding law in force in that State or area shall, so far as may be, apply toany 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. POWERTOTAKESAMPLEANDPROCEDURETOBEFOLLOWEDIN 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 beprescribed.²

(2)The resultof anyanalysis of asample taken undersub-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 Inexerciseofpowersconferredundersub-section(i)ofsection11theCentralGovernmenthasempowered64officers listed in the Table vide S.O. 84. (E) published in the Gazette No. 66 dated 16-2-87

2 Forprocedurefortakingsamplesseer.6ofEnvironment(Protection)Rules,1986,also

Act29 of1986

(a) serve on the occupier or his agent or person in charge of the place, a notice,thenand there, insuch formas maybe prescribed, of hisintentionto 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 tobeplaced in acontainer 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 wherethe occupier or his agent or personpresent at thetime of taking the sample refuses to sign the marked and sealed container orcontainers 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 takingthe 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 undersection12andsuchpersonshallinformtheGovernmentAnalystappointed 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. ENVIRONMENTALLABORATORIES.-

(1) TheCentralGovernment¹may,bynotificationintheOfficialGazette,--

(a) establishoneormoreenvironmentallaboratories;

(b) recognise one or more laboratories or institutes as environmental laboratories to carry out the functions entrusted to an environmental laboratory under this Act².

1The Central Government has delegated its powers under clause (b) of sub-section (i) of section 12 and section 13 ofthe Act to the Central Pollution Control Board vide Notification No. S.O. 145 (E) dated 21-2-91 published in theGazette No. 128 dated 27-2-91

2 Thelistoflaboratories/institutesrecognisedasenvironmentallaboratories:andthepersonsrecognisedasGovt.

Analysts.

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

(a) thefunctionsoftheenvironmentallaboratory;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

13. GOVERNMENTANALYSTS.-

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. REPORTSOFGOVERNMENTANALYSTS.-

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 Seer.9ofEnvironment(Protection)Rules,1986.

2 Seer.8ofEnvironment(Protection)Rules,1986.

3 ForqualificationsofGovt.Analystseer.10ofEnvironment(Protection)Rules,1986.

16. OFFENCESBYCOMPANIES.-

(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 asthe 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 wascommitted 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 consentor connivance of,oris attributable to anyneglecton the part of, any director, manager, secretary or other officer of the company, such director, manager,secretaryorotherofficershallalsodeemedtobeguiltyofthatoffenceandshall be liable to be proceeded against and punished accordingly.

Explanation--Forthepurposesofthissection,--

(a) "company" meansanybodycorporateandincludesa firmor otherassociation of individuals;

(b) "director",inrelationtoafirm,meansapartnerinthe firm.

17. OFFENCESBYGOVERNMENTDEPARTMENTS.-

(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 liabletoanypunishmentifheproves thattheoffencewascommittedwithout 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, suchofficer shall also be deemed to be guilty of that offence and shall be liable to beproceeded against and punished accordingly.

CHAPTER IV MISCELLANEOUS

18. PROTECTIONOFACTIONTAKENINGOODFAITH.-

Nosuit,prosecutionorotherlegalproceedingshalllieagainsttheGovernmentor 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. COGNIZANCEOFOFFENCES.-

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,REPORTSORRETURNS.-

The Central Government may, in relation to its function under this Act, fromtime to time, require any person, officer, State Government or other authority to furnishto 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,OFFICERSANDEMPLOYEESOFTHEAUTHORITY 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).

1In exercise of powers conferred under clause (a) of section l9, the Central Government has authorised the officers andauthorities 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 theGazetteNo. 171dated29-3-89 and S.O.656(E)dated 21-8-89published intheGazette No. 519dated 21-8-89, S.O.624(E), dated 3.9.1996 and G.S.R.587(E), dated 1.9.2006.

22. BAROF JURISDICTION.-

Nocivilcourtshallhavejurisdictiontoentertainanysuitorproceedinginrespect 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. POWERSTO 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 functionsunderthisAct[exceptthepowerstoconstituteanauthorityundersub-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. EFFECTOFOTHERLAWS.-

(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 andalsounderanyotherActthentheoffenderfoundguiltyofsuchoffenceshallbeliable to be punished under the other Act and not under this Act.

25. POWERTOMAKERULES.-

(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) thestandardsinexcessofwhichenvironmentalpollutantsshallnotbe 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 SeeRule3ofEnvironment(Protection)Rules,1986andSchedule-I.

2 Seer.13ofEnvironment(Protection)Rules,1986,and

i. HazardousWastes(Management,HandlingandTransboundaryMovement)Rules,2008

ii. Manufacture,StorageandImportofHazardousChemicalsRules,1989;and

iii. Manufacture,Use,Import,ExportandStorageofHazardousMicroorganisms,Genetically-engineeredorganisms or Cells Rules, 1989.

(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 submissiontosuchlaboratoriesofsamplesofair,water,soilandothersubstances for analysis or test;⁵ the form of laboratory report; the fees payable for suchreport and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12;

(g) the qualificationsofGovernment Analystappointed orrecognisedfor 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) anyothermatterwhichisrequiredtobe,ormaybe,prescribed.

26. RULESMADEUNDERTHISACTTOBELAIDBEFOREPARLIAMENT.-

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 Housesagreethat theruleshouldnot bemade,theruleshall thereafterhaveeffectonlyin 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.

1 Forauthoritiesoragenciesseer.12ofEnvironment(Protection)Rules,1986andSchedule II.

2 Seer.6ofEnvironment(Protection)Rules, 1986.

3 Seer.7ofEnvironment(Protection)Rules,1986.

4 Seer.9ofEnvironment(Protection)Rules,1986.

5 Fortheprocedureforsubmissionofsamplestolaboratoriesandtheformoflaboratoryreportseer.8ofEnvironment

(Protection)Rules,1986.

6 Seer.10ofEnvironment(Protection)Rules, 1986.

7 Seer.11ofEnvironment(protection)Rules, 1986.

https://www.indiacode.nic.in/bitstream/123456789/4316/1/ep_act_1986.pdf

Environment of the World