In the wake of Bhopal tragedy, the Government of India enacted the Environment (Protection) Act, 1986 (EPA) under article 253 of the constitution. The purpose of the Act is to act as an “umbrella” legislation designed to provide a frame work for Central government co-ordination of the activities of various central and state authorities established under previous laws, such as Water Act & Air Act. The potential scope of the Act is broad, with “environment” defined to include water, air and land and the inter-relationships which exist among water, air and land, and human beings and other living creatures, plants, micro-organisms and property. Environment protection rules were also enacted as a corollary to this Act.

2. Background
 United Nations Conference on the Human Environment held at
Stockholm in June, 1972 - to take appropriate steps for the
protection and improvement of human environment and the
prevention of hazards to human beings, other living creatures, plants
and property
 The government of India participated in the conference and strongly
voiced the environmental concerns
 Bhopal Gas Tragedy Dec 2 1984
 Umbrella legislation as it fill the gaps in the existing laws. There after
large number of laws came into existence as many problems started
arising.
 Twelfth five year plan has emphasized the need of sound
environmental management

3. Objective
 To Protect and Improve environment and connected matters
 To create Authority with adequate powers to control pollution
 Constitutional Provisions
Article 48 A- State Shall endeavour to protect and improve
environment.
Article 51 A-It shall be a duty of every citizen To protect
and improve the natural environment including forests,
lakes, rivers and wildlife and have compassion for living
creatures.

4. Environment (Protection)Act,1986
 Department of environment was established in 1980. This
later became ministry of environment and forest and climate
change
 The environmental protection act(1986) enacted under the
Article 253 of the Indian constitution.
It extends to whole of India
 Environment.
It includes water, air and land and the inter- relationship
which exists among and between water, air and land, and
human beings and other living creatures.

5.  Environmental Pollutant:
Any solid, liquid or gaseous substance present in such
concentration as may be, or tend to be, injurious to
environment.
 Environmental pollution:
The presence of any environmental pollutant in the
environment
Environment (Protection)Act,1986

6. General powers of the central government
 Sec(3) - Power of central government to take measures to protect and improve
environment
 Co-ordination of actions by the State Governments, officers and other
authorities.
 Planning and execution of a Nation-wide programme
 Laying down standards-the quality of environment & emission or discharge
of environmental pollutants from various sources
 restriction of areas in which any industries, operations or processes shall not
be carried out or shall be carried out subject to certain safeguards
 Procedures and safeguards for the prevention of accidents which may cause
environmental pollution and remedial measures for such accidents.
 Handling of hazardous substances;
 Carrying out and sponsoring investigations and research relating to problems
of environmental pollution.

7. General powers of the central government
 Inspection of any premises, plant, equipment, machinery, manufacturing
or other processes, materials or substances
 Preparation of manuals, codes or guides relating to the prevention,
control and abatement of environmental pollution;
 Sec(4):
 May appoint a person for inspection-may entrust to them such of the powers and
functions under this Act as it may deem fit.
 Sec(5):
 May issue the directions in writing to any officers or authority.It includes the
Power to direct
 the closure, prohibition or regulation of any industry, operation or
process
 stoppage or regulation of the supply of electricity or water or any other
service

8.  Sec 6
 Empower government to make rules in order to achieve the objective
 Sec 7
 Persons carrying industry , operation etc. not to allow emission discharge of pollutants
in excess of standards
 Sec 8
 Persons handling hazardous substances must comply with procedural safeguards
General powers of the central government

9. Penalties - Sec 15
 Any person who fails or contravenes any provision of the act, rule made
or directions issued under the act or rule , then such failure is or
contravention, he shall be punishable:-
 a) With imprisonment for the term which may be extended to five years
 b) With a fine which may be extended to one lakh rupees
 c) With both
 An additional fine which may be extended to five thousand per every
day can be imposed for everyday and further shall be punishable with
imprisonment for the term which may be extended to seven years.

10. Offences - Sec 16
 It incorporates the principle of “vicarious liability” of a person in charge,
director, manager, secretary or any other officer for the offence if
committed by a company
 However the person in charge for the conduct of the company is not held
liable if:
 That offence was committed without his knowledge
 That he exercised all the due/care to prevent the commission of such
offence.
Loopholes
Laws

11. Who can make complaint?
 Central government or any other authority of that
government
 Any person who has given notice of not less than 60 days of
the alleged offence and his intentions to make complaint to
the central government or Govt. Officer

12. “There is enough for the
need of everyone in this
world, but not for the greed
of everyone.”