2. CONSTITUTION OF INDIA Part A,
42nd Amendment 1976 Art. 51A :
It shall be the duty of every citizen
of India
To value and preserve the rich
heritage of our composite culture
To protect and improve the natural
environment including forests,
lakes, rivers and wildlife and have
compassion for living creatures
3. Background
• Conference on the human environment was held
in 1972. The government of India participated in
the conference and strongly voiced the
environmental concerns.
• While several measures have been taken for the
environmental protection, both before and after
the conference, the need for general legislation
to further implement the decision of the
conference became increasingly
5. Environment protect act (1986)
• Department of environment was established in 1980.
This later became ministry of environment and forest.
• Environmental Protection act (1986) came into effect
soon after the Bhopal gas tragedy. EPA was passed in
March 1986 and came into force on 19 Nov. 1986
• It is considered to be an 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.
6. Scheme of the Act
• The Environmental act, 1986 has 26 sections and
it has been divided into four chapters relating to:
1) Preliminary
2) General powers of the central government
3) Prevention, control and abatement of
Environmental pollution
4) Miscellaneous
8. Short Titles, Extent and
commencement
The environmental protection act(1986) enacted
under the article 253 of the Indian constitution. To
protect and improve environmental quality, control
and reduce pollution
1. The act may be called as
Environmental(protection) Act,1986
2. It extends to whole of India
3. Central government may by notification in the
official gazette, appoint and different dates may
be appointed for different provisions of this act for
different areas
9. Important definitions
• Environment.
“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.”
• Environmental Pollutant:
“environmental pollutant" means any solid, liquid or gaseous substance
present in such concentration as may be, or tend to be, injurious to
environment.
• Environmental pollution:
"environmental pollution" means the presence of any environmental
pollutant in the environment
10. Important definitions
• Handling: In relation to any substance, it means the manufacturing,
processing, treatment, packaging, storage, transportation, use, collection,
destruction, conversion, offering for sale, etc.
• Occupier: It means a person who has control over the affairs of the factory
or the premises, and includes, in relation to any substance, the person in
possession of the substance
11. General powers of the central
government
• Under sec(3):purpose of exercising of performing
such powers and functions to authority
• Under sec(4):may appoint a person for inspection
• Under sec(5):may issue the directions in writing
to any officers or authority
12. General powers of the central
government
• Under sec(6): empower government to make
rules in order to achieve the objective
• Under sec (7):persons carrying industry ,
operation etc. not to allow emission discharge
of pollutants in excess of standards
• Under sec(8):persons handling hazardous
substances must comply with procedural
safeguards
13. Prevention, control and abatement of
environmental pollution
Central government has the power to take all measures
for protecting and improving the quality of
environment.
1. Coordination of actions by state government officers
and other authorities under this act or under any law
2. Laying down standards for the quality of
environment in various aspects
3. Laying down standards for emission or discharge of
environmental pollutants from various sources
14. Prevention, control and abatement of
environmental pollution
4. Laying down procedures and safeguards for
handling of hazardous substances
5. Examination of manufacturing process,
materials and substances which are likely to
cause pollution
6. Carrying out and sponsoring investigations and
research relating to problems pollution
7. Establishment and recognition of laboratories
8. To exercise powers and perform functions
central government may constitute authority
15. Offenses and penalties
1. Penalties for contraventions of the provision of Act, Rules,
Orders and Directions
2. Offenses by company and government departments
3. Who can make complaint?
16. Penalties – SEC 15
• Sec 15 of EPA provides that 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
17. Penalties – SEC 15 (Continued)
• In case of failure or contravention after the
conviction for the first failure or contravention, an
additional fine which may be extended to five
thousand per every day can be imposed for
everyday for which failure or contravention
continues.
• If failure or contravention continues beyond a
period of one year after conviction, the offender
shall be punishable with imprisonment for the
term which may be extended to seven years.
18. Offences – SEC 16
• SEC 16 of EPA 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
• When a offense is committed by company then
the company as well as the person directly in
charge and responsible of conducting the
business of a company shall be deemed to be
liable for to punishment.
19. Offences – SEC 16 (Continued)
• However the person in charge for the conduct
of the company is not held liable if:
1. That offence was committed without his
knowledge.
2. That he exercised all the due/care to prevent
the commission of such offence.
Loop hole???
20. Who can make complaint?
• A complaint under this act can be made by
1. Central government or any other authority of
that government
2. 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
21. Conclusions
• Environmental pollution are affecting not just
individuals but all the countries over the world.
• Twelfth five year plan has emphasized the need
of sound environmental management , which
includes environmental planning, protection,
monitoring, assessment, research and education
as a major guiding factors for national
development.
22. Conclusions
• India is a “soft state”. We have excellent
environmental laws but politics and corruption
prevent the effective implementation of such
laws which is disastrous to the environment and
economy as a whole.
23. Mahatma Gandhi
THANKS
“NATURE HAS EVERY THING FOR EVERY BODY’S NEED,
BUT NOT ENOUGH FOR ONE MAN’S GREED”
By:
A.R Alagarsamy (IP 0112)
Chintan Patel (UTP 1012)
Sahithi Parepally (IP 1112)
Swapneel Vaijanapurkar (IP 2112)
