Environmental Protection Act 1986
The United Nation Conference held in Stockholm, Sweden in June 1972 to the safeguard the Environmental Safety. India was also present in the meeting as a participant.
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Introduction
The United Nations Conference was held in Stockholm, Sweden in June 1972 to safeguard Environmental Safety. India was also present in the meeting as a participant. The process of Environmental Safety received a major push when the Bhopal Gas Tragedy happened in 1984, leading to thousands of deaths overnight in a gas leak that happened in Bhopal. On that virtue, the Act was enacted on 23rd May, 1986 in the 37th year of the Republic of India, and is valid all over the Indian region including 28 States and 8 Union Territories.
This Act was to be known as the “Environmental Protection Act”, the same was mentioned in the Gazette Notification. The Act defined various terms which included environment, environmental pollutant, environmental pollution, handling, hazardous substance, and occupier.
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Where handling covers manufacturing, processing, treatment, package, storage, transportation, collection, destruction, conversion, offering of sale, and transfer of the commodities.
The Act gave supreme power to the Central government to take measures as to protect and improve the quality of Air, Water, and Soil on which we are living.
Comprising of 26 sections laid under this Act, salient features are as follows:
The power of the Central Government to take measures to protect & improve, abiding by these Regulations includes set standards for the quality of the environment in various aspects. Set Standards for emissions or discharge for environmental pollution, procedures for the safeguards of hazardous substances, monitoring of the manufacturing process linked with environmental pollution, Establishment & Recognition of environmental laboratories, Sponsoring investigations and Research Related to problems of environmental pollution (e.g. CSIR, NEERI, TERI)
Appointment of officers with their powers and function subjected to general control and direction under the Central Government. These appointed members/officers for the authority shall be public servants under the meaning of Section 21 of the Indian Penal Code (45 of 1860). Some of the Public Servants under IPC Section 21 are Commissioned Officers in the Military, Navy, and Air Force. Every Judge including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions. Every juryman, assessor, or member of a panchayat assisting a Court of Justice or public servant.
Powers to give direction of the Central Government include closure, prohibition, or regulation of any industry, operation, or process and stoppage of the supply of electricity or water or any basic services.
Powers given to designate Authority for Entry & Inspection include the authorized person from the authority who will have to act under the function of the Central Government. The person associated with an inspection will have the right to inspect any equipment, industrial plant, record, register, document, or any other building for the reason associated with the offense of the EPA Act 1986 or whether it’ll furnish in the near future. The owner or person associated with or present at the time of inspection shall provide sufficient support for the investigation, willingly or else he shall be guilty under the EPA Act 1986. Any seizure made relevant to submit as proof of the offense made shall follow the Code of Criminal Procedure Act 2 of 1974.
Powers to take samples and procedure to be followed by the Authority for Entry & Inspection. With the notice given in prior, the authorized person will have the right to collect emission data related to (air, water, soil, or other substances) for analysis as per the guidelines. If the owner neglects the confirmation to be present, then the sample will be collected in the presence of the in-charge/ person/ agent present at the time of collection. The sample will be stored in the container/containers for which signature shall be done on the seal by both (i.e. the person in charge of the plant/ agent and the authorized official). If in charge/ person/ agent present at the time refuses to sign, the authorized official shall sign it and send the samples collected immediately to the Laboratory established as per the Powers of the Central government. The authorized official for sample collection shall inform the Government analyst about the wilful absence of the occupier or wilful neglect to signature in writing.
The result of this analysis of the sample taken shall not be admissible in evidence in any legal proceedings unless the provisions of Section 11 subsections 3 & 4 of EPA Act 1986.
Penalties for Contravention of the provisions of the Act, whoever fails to safeguard the Rules and procedure for the emission be punishable with imprisonment for a term which may extend 5 years or a fine of 100000/- Indian rupees or both. If the failure continues even after Notice is issued, additional 5000/day Indian rupees shall be levied from the day during which such failure or contravention continues. If the contravention continues beyond a period of 1 year after the date of conviction, the offender shall be punishable with imprisonment for a term that may extend to 7 years.
Cognizance of offenses
No court shall take cognizance of any offense under the EPA Act 1986, unless and until the complaint is made by the central government or any authority or officer authorized on this behalf. Any person can direct a complaint in case the notice is given not less than 60 days in the prescribed format of the alleged offense and his intentions to make a complaint to the central government or the authority or the officer authorized.
Offenses by Governmental Department
The Head of the department shall be bounded for the punishable action unless proven the offense made was prior to his knowledge. The attributable person associated with the offense including officers from the department shall also be liable to be proceeded and punished.
Offenses by Companies
Offenses committed by a company, in which each and every person who was involved and responsible for conduct of business for the company shall be guilty of the offense. If proven, person having no prior knowledge of the offense made under his name shall not be guilty. If the offense is committed intentionally as to attribute the director, manager, secretary or other officer of the company, such person shall be deemed to be guilty for the offense and shall be punished.
Rules Made Under this Act to be laid before Parliament
Every rule made shall be laid before each House of the parliament, while its session for a total period of thirty days. Both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made.
About the Author
Vipan Singh
CEOVipan has more than 12 years of working experiences and guiding the team in the strategic Development and preparation of ESG reports. He is having a vast experiences of working in the field of Environment in legal, statutory, regulatory, environment compliance management and expertise in waste management. He is a Founder and MD of Corpseed. He is the one, who has developed World First Technology Driven AI Based Automated Compliance Model for All Businesses. He has worked with the Multinational Companies, such as Suncorp (Australian Bank), British Petroleum (UK), Eco- lab health care (USA), BHL, PGCL, UN-Group, SRY oil and gas, L&T, EVS electronics Ltd, Amzette, Faber, NTPC, Muthoot Finance, Capgemini etc.
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