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The Environment (Protection) Act, 1986
The Environment (Protection) Act, 1986
Sections
1. Short title, extent and commencement
Section 12. Definitions
Section 23. Power of Central Government to take measures to protect and improve environment
Section 34. Appointment of officers and their powers and functions
Section 45. Power to give directions
Section 56. Rules to regulate environmental pollution
Section 67. Persons carrying on industry, operation, etc., not to allow emission or discharge of environmental pollutants in excess of the standards
Section 78. Persons handling hazardous substances to comply with procedural safeguards
Section 89. Furnishing of information to authorities and agencies in certain cases
Section 910. Powers of entry and inspection
Section 1011. Power to take sample and procedure to be followed in connection therewith
Section 1112. Environmental laboratories
Section 1213. Government Analysts
Section 1314. Reports of Government Analysts
Section 1415. Penalty for contravention of the provisions of the Act and the rules, orders and directions
Section 1516. Offences by companies
Section 1617. Offences by Government Departments
Section 1718. Protection of action taken in good faith
Section 1819. Cognizance of offences
Section 1920. Information, reports or returns
Section 2021. Members, officers and employees of the authority, constituted under section 3 to be public servants
Section 322. Bar of jurisdiction
Section 2223. Power to delegate
Section 2324. Effect of other laws
Section 2425. Power to make rules
Section 2526. Rules made under this Act to be laid before Parliament
Section 26
environment-protection-act-1986.json
•
26 Sections
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India (Central)
{
"id": 11733,
"slug": "environment-protection-act-1986",
"title": "The Environment (Protection) Act, 1986",
"short_title": "The Environment (Protection) Act, 1986",
"act_number": "(29 of 1986)",
"act_year": 1986,
"act_type": "CENTRAL",
"location": "India (Central)",
"law_status": "unknown",
"enactment_date": null,
"description": "The Environment (Protection) Act, 1986",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "1. Short title, extent and commencement",
"chapter": null,
"content": "Object & Reasons▼\nStatement of Objects and Reasons.",
"footnote": "",
"is_definition": false,
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{
"number": "2",
"title": "2. Definitions",
"chapter": null,
"content": "(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;\n(b) environmental pollutant means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment;\n(c) environmental pollution means the presence in the environment of any environmental pollutant;\n(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;\n(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, plants, micro-organism, property or the environment;\n(f) occupier, in relation to any factory or premises, 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;\n(g) prescribed means prescribed by rules made under this Act.\nChapter II\nGeneral Powers Of The Central Government",
"footnote": "",
"is_definition": true,
"sort_order": 1
},
{
"number": "3",
"title": "3. Power of Central Government to take measures to protect and improve environment",
"chapter": null,
"content": "(i) co-ordination of actions by the State Governments, officers and other authorities\n(a) under this Act, or the rules made thereunder; or\n(b) under any other law for the time being in force which is relatable to the objects of this Act;\n(ii) planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution;\n(iii) laying down standards for the quality of environment in its various aspects;\n(iv) laying down standards for emission or discharge of environmental pollutants from various sources whatsoever:\n(v) restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards;\n(vi) laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents;\n(vii) laying down procedures and safeguards for the handling of hazardous substances;\n(viii) examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution;\n(ix) carrying out and sponsoring investigations and research relating to problems of environmental pollution;\n(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;\n(xi) establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this Act;\n(xii) collection and dissemination of information in respect of matters relating to environmental pollution;\n(xiii) preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution;\n(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.",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "4",
"title": "4. Appointment of officers and their powers and functions",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "5",
"title": "5. Power to give directions",
"chapter": null,
"content": "Explanation.\n(a) the closure, prohibition or regulation of any industry, operation or process; or\n(b) stoppage or regulation of the supply of electricity or water or any other service.",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "6",
"title": "6. Rules to regulate environmental pollution",
"chapter": null,
"content": "(a) the standards of quality of air, water or soil for various areas and purposes;\n(b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas;\n(c) the procedures and safeguards for the handling of hazardous substances;\n(d) the prohibition and restrictions on the handling of hazardous substances in different areas;\n(e) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas;\n(f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents.\nChapter III\nPrevention, Control And Abatement Of Environmental Pollution",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "7",
"title": "7. Persons carrying on industry, \n\noperation, etc., not to allow emission or discharge of environmental pollutants in excess of the standards",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "8",
"title": "8. Persons handling hazardous substances to comply with procedural safeguards",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "9",
"title": "9. Furnishing of information to authorities and agencies in certain cases",
"chapter": null,
"content": "(a) intimate the fact of such occurrence or apprehension of such occurrence; and\n(b) be bound, if called upon, to render all assistance, to such authorities or agencies as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "10",
"title": "10. Powers of entry and inspection",
"chapter": null,
"content": "(a) for the purpose of performing any of the functions of the Central Government entrusted to him;\n(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;\n(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 Act or the rules made thereunder has been or is being or is about to be committed and for seizing any such equipment, industrial plant, record, register, document or other material object if he has reasons to believe that it may furnish evidence of the 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.",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "11",
"title": "11. Power to take sample and procedure to be followed in connection therewith",
"chapter": null,
"content": "(a) serve on the occupier or his agent or person in charge of the place, a notice, then and there, in such form as may be prescribed, of his intention to have it so analysed;\n(b) in the presence of the occupier or his agent or person, collect a sample for analysis;\n(c) cause the sample to be placed in a container 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;\n(d) send without delay, the container or the containers to the laboratory established or recognised by the Central Government under section 12.\n(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\n(b) in a case where the occupier or his agent or person present at the time of taking the sample refuses to sign the marked and sealed container or containers 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 taking the 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 under section 12 and such person shall inform the Government Analyst appointed or recognised under section 13 in writing, about the wilful absence of the occupier or his agent or person, or, as the case may be, his refusal to sign the container or containers.",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "12",
"title": "12. Environmental laboratories",
"chapter": null,
"content": "(a) establish one or more environmental laboratories;\n(b) recognise one or more laboratories or institutes as environmental laboratories to carry out the functions entrusted to an environmental laboratory under this Act.\n(a) the functions of the environmental laboratory;\n(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;\n(c) such other matters as may be necessary or expedient to enable that laboratory to carry out its functions.",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "13",
"title": "13. Government Analysts",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "14",
"title": "14. Reports of Government Analysts",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "15",
"title": "15. Penalty for contravention of the provisions of the Act and the rules, orders and directions",
"chapter": null,
"content": "Form of Charge ▼\nForm of charge under section 15(1)\nForm of Charge ▼\nForm of charge under section 15(2)",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "16",
"title": "16. Offences by companies",
"chapter": null,
"content": "Explanation.\n(a) company means any body corporate, and includes a firm or other association of individuals; and\n(b) director, in relation to a firm, means a partner in the firm.",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "17",
"title": "17. Offences by Government Departments",
"chapter": null,
"content": "Chapter IV\nMiscellaneous",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "18",
"title": "18. Protection of action taken in good faith",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "19",
"title": "19. Cognizance of offences",
"chapter": null,
"content": "(a) the Central Government or any authority or officer authorised in this behalf by that Government; or\n(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.",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "20",
"title": "20. Information, reports or returns",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "3",
"title": "21. Members, officers and employees of the authority, constituted under section 3 to be public servants",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "22",
"title": "22. Bar of jurisdiction",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "23",
"title": "23. Power to delegate",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "24",
"title": "24. Effect of other laws",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "25",
"title": "25. Power to make rules",
"chapter": null,
"content": "(a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7;\n(b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8;\n(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;\n(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;\n(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;\n(f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; 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;\n(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;\n(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;\n(i) the authority or officer to whom any reports, returns, statistics, accounts and other information shall be furnished under section 20;\n(j) any other matter which is required to be, or may be, prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "26",
"title": "26. Rules made under this Act to be laid before Parliament",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 25
}
],
"metadata": {
"Act ID": "029 [23 rd May , 1986]",
"Act Number": "(29 of 1986)",
"Enactment Date": "",
"Act Year": "1986",
"Short Title": "The Environment (Protection) Act, 1986",
"Type": "CENTRAL",
"Location": "India (Central)"
},
"updated_at": "2026-09-29 21:51:51"
}