THE ENVIRONMENT (PROTECTION) ACT, 1986
No. 29 OF 1986
[23rd May, 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
NationsConference on the Human Environment held at Stockholm in June,
1972, in which India participated, to take 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.SHORT TITLE, EXTEND AND COMMENCEMENT
(1) This Act may be called the Environment (Protection) Act, 1986.
(2) It extends to the whole of India.
(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 areas.1
2.DEFINITIONS
In this Act, unless the context otherwise requires,--
(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;
(b) "environmental pollutant" means any solid,
liquid or gaseous substance present in such concentration as may be, or
tend to be, injurious to environment;
(c) "environmental pollution" means the presence in the environment of any environmental pollutant;
(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", 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;
(g) "prescribed" means prescribed by rules made under this Act.
CHAPTER II
GENERAL POWERS OF THE CENTRAL GOVERNMENT
3. POWER OF CENTRAL GOVERNMENT TO TAKE MEASURES TO PROTECT 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 prejudice to the
generality 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) under this Act, or the rules made thereunder, or
(b) under any other law for the time being in force which is relatable to the objects of this Act;
(ii) planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution;
(iii) laying down standards for the quality of environment in its various 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) 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;
(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 and powers or perform the functions or take the
measures so mentioned in the order as if such authority or authorities
had been empowered by this Act to exercise those powers or perform those
functions or take such measures.
4. APPOINTMENT OF OFFICERS AND THEIR POWERS AND FUNCTIONS
(1) Without prejudice to the provisions of
sub-section (3) of section 3, the Central Government may appoint
officers with such designation as it thinks fit for the purposes of 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. POWER TO GIVE DIRECTIONS
Notwithstanding anything contained in any other
law but subject to the provisions of this Act, the Central Government
may, 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 directions.3
Explanation--For the avoidance of
doubts, it is hereby declared that the power to issue directions under
this section includes the power to direct--
(a) the closure, prohibition or regulation of any industry, operation or process; or
(b) stoppage or regulation of the supply of electricity or water or any other service.
6. RULES TO REGULATE ENVIRONMENTAL POLLUTION
(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) the standards of quality of air, water or soil for various areas and purposes;4
(b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas;
(c) the procedures and safeguards for the handling of hazardous substances;5
(d) the prohibition and restrictions on the handling of hazardous substances in different areas;6
(e) the prohibition and restriction on the location of industries and the carrying on process and operations in different areas;7
(f) the procedures and safeguards for the
prevention of accidents which may cause environmental pollution and for
providing for remedial measures for such accidents.8
CHAPTER III
PREVENTION, CONTROL, AND ABATEMENT OF ENVIRONMENTAL 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
prescribed.9
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 prescribed.10
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) intimate the fact of such occurrence or apprehension of such occurrence; and
(b) be bound, if called upon, to render all assistance,
to such authorities or agencies as may be prescribed.11
(2) On receipt of information with respect to the
fact or apprehension on 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
as necessary to 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 such reasonable 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. POWERS OF ENTRY AND INSPECTION
(1) Subject to the provisions of this section, any person empowered by the Central Government in this behalf12 shall have a right to enter, at all reasonable times with such assistance as he considers necessary, any place--
(a) for the purpose of performing any of the functions of 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 orany notice,
order, direction or authorisation served, made, given or granted under
this Act is being or has been complied with;
(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 reason 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.
(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 wilfully delays or obstructs
any persons empowered by the Central Government under sub-section (1) in
the performance of his functions, he shall be guilty of an offence
under this Act.
(4) The provisions of the Code of Criminal
Procedure, 1973, or, in relation to the State of Jammu and Kashmir, or
an area in which that Code is not in force, the provisions of any
corresponding law in force in that State or area shall, so far as may
be, apply to any 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. POWER TO TAKE SAMPLE AND PROCEDURE TO BE FOLLOWED IN CONNECTION THEREWITH
(1) The Central Government or any officer empowered by it in this behalf,13
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 be prescribed.14
(2) The result of any analysis of a sample taken
under sub-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--
(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;
(b) in the presence of the occupier of his agent or person, collect a sample for analysis;
(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;
(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 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 12 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.ENVIRONMENTAL LABORATORIES
(1) The Central Government15 may, by notification in the Official Gazette,--
(a) establish one or more environmental laboratories;
(b) recognise one or more laboratories or
institutes as environmental laboratories to carry out the functions
entrusted to an environmental laboratory under this Act.16
(2) The Central Government may, by notification in the Official Gazette, make rules specifying--
(a) the functions of the environmental laboratory;17
(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;18
(c) such other matters as may be necessary or expedient to enable that laboratory to carry out its functions.
13. GOVERNMENT ANALYSTS
The Central Government may by notification in the
Official Gazette, appoint or recognise such persons as it thinks fit
and having the prescribed qualifications19 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. REPORTS OF GOVERNMENT ANALYSTS
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.
16. OFFENCES BY COMPANIES
(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 as the
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 was committed
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
consent or connivance of, or is attributable to any neglect on the part
of, any director, manager, secretary or other officer of the company,
such director, manager, secretary or other officer shall also deemed to
be guilty of that offence and shall be liable to be proceeded against
and punished accordingly.
Explanation--For the purpose of this section,--
(a) "company" means any body corporate and includes a firm or other association of individuals;
(b) "director", in relation to a firm, means a partner in the firm.
17. OFFENCES BY GOVERNMENT DEPARTMENTS
(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 liable to any punishment if he
proves that the offence was committed without 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, such officer shall also be deemed to be guilty of that
offence and shall be liable to be proceeded against and punished
accordingly.
CHAPTER IV
MISCELLANEOUS
18. PROTECTION OF ACTION TAKEN IN GOOD FAITH
No suit, prosecution or other legal proceeding
shall lie against the Government or 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. COGNIZANCE OF OFFENCES
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 Government,20 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, REPORTS OR RETURNS
The Central Government may, in relation to its
function under this Act, from time to time, require any person, officer,
State Government or other authority to furnish to 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, OFFICERS AND EMPLOYEES OF THE AUTHORITY 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).
22. BAR OF JURISDICTION
No civil court shall have jurisdiction to
entertain any suit or proceeding in respect 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. POWERS TO 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 functions under this Act [except the powers to
constitute an authority under sub-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. EFFECT OF OTHER LAWS
(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 and also under any other Act then the
offender found guilty of such offence shall be liable to be punished
under the other Act and not under this Act.
25. POWER TO MAKE RULES
(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) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7;21
(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;22
(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;23
(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;24
(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;25
(f) the functions of the environmental laboratories,26 the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test;27
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;
(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;28
(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;29
(i) the authority of officer to whom any reports,
returns, statistics, accounts and other information shall be furnished
under section 20;
(j) any other matter which is required to be, or may be, prescribed.
26. RULES MADE UNDER THIS ACT TO BE LAID BEFORE PARLIAMENT
Every rule made under this Act shall be laid, as
soon as may be after it is made, before each Hose 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 Houses agree that the rule should not
be made, the rule shall thereafter have effect only in 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 It came into force in the whole of
India on 19th November, 1986 vide Notification No. G.S.R. 1198(E) dated
12-11-86 published in the Gazette of India No. 525 dated 12-11-86.
2 The Central Government has delegated
the powers vested m it under section 5 of the -Act to the State
Governments of Andhra Pradesh, Assam, Bihar, Gujarat, Haryana, Himachal
Pradesh, Karnatalca, Kerala, Madhya Predesh, Mizoram, Orissa, Rajasthan,
Sikkim and Tamil Nadu subject to the condition that the Central
Government may revoke such delegation of Powers in respect of all or any
one or more of the State Governments or may itself invoke the
provisions of section 5 of the Act, if in the opinion of the Central
Government such a course of action is necessary in public interest,
(Notification No, S.O. 152 (E) dated 10-2-88 published in Gazette No. 54
of the same date).
These Powers have been delegated to the following State Governments also
on the same terms:
Meghalaya, Punjab and Uttar Pradesh vide Notification No. S.0.389 (E) dated 14-4-88 published in the Gazette No. 205 dated 144-88;
Maharashtra vide Notification No. S.O. 488(E) dated 17-5-88 published in the Gazette No. 255 dated 17-5-88;
Goa and Jammu & Kashmir vide Notification No. S.O. 881 (E~ dated 22-9-88; published in the Gazette No. 749 dated 22.9.88.
West Bengal Manipur vide Notificadon N. S.O. 408 (E) dated 6-6-89; published in the Gazette No. 319 dated 6-6-89;
Tripura vide Notification No. S.O. 479 (E) dated 25-7-91 published in thc Gazene No. 414 dated 25-7-91.
Meghalaya, Punjab and Uttar Pradesh vide Notification No. S.0.389 (E) dated 14-4-88 published in the Gazette No. 205 dated 144-88;
Maharashtra vide Notification No. S.O. 488(E) dated 17-5-88 published in the Gazette No. 255 dated 17-5-88;
Goa and Jammu & Kashmir vide Notification No. S.O. 881 (E~ dated 22-9-88; published in the Gazette No. 749 dated 22.9.88.
West Bengal Manipur vide Notificadon N. S.O. 408 (E) dated 6-6-89; published in the Gazette No. 319 dated 6-6-89;
Tripura vide Notification No. S.O. 479 (E) dated 25-7-91 published in thc Gazene No. 414 dated 25-7-91.
3 For issuing directions see r.4 of Itnviromnent (Protection) Rules, 1986.
4 See r. 3 of Environment (Protection) Rules, 1986 and Schedules thereto.
i. Schedule I lists the standards for emission or discharge of environmental pollutants from the industries, processes or operations and their maximum allowable limits of concentration;
ii. Schedule II lists general standards for discharge of effluents and their maximum limits of concentration allowable;
iii. Schedule III lists ambient air quality standards in respect of noise and its maximum allowable limits; and
iv. Schedule IV lists standards for emission of smoke, vapour etc. from motor vehicles and maximum allowable limits of their emission.
i. Schedule I lists the standards for emission or discharge of environmental pollutants from the industries, processes or operations and their maximum allowable limits of concentration;
ii. Schedule II lists general standards for discharge of effluents and their maximum limits of concentration allowable;
iii. Schedule III lists ambient air quality standards in respect of noise and its maximum allowable limits; and
iv. Schedule IV lists standards for emission of smoke, vapour etc. from motor vehicles and maximum allowable limits of their emission.
5 See r. 13 of Environment (Protection) Rules, 1986, and
i. Hazardous Wastes (Management and Handling) Rules, 1989;
ii. Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989; and
iii. Rules for the Manufacture, Use, Import, Export and Storage of Hazardous Micro organisms, Genetically-engineered organisms or Cells.
i. Hazardous Wastes (Management and Handling) Rules, 1989;
ii. Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989; and
iii. Rules for the Manufacture, Use, Import, Export and Storage of Hazardous Micro organisms, Genetically-engineered organisms or Cells.
6 Rule 13 SUPRA.
7 See r. 5 of Environment (Protection) Rules, 1986.
8 See r. 12 of Environment
(Protection) Rules and Schedule 11, and relevant provisions of Hazardous
Wastes (Management and Handling) Rules, Manufacture, Storage and Import
of Hazardous Chemicals Rules and Rules for the Manufacture, Use, Import
Export and Storage of hazardous Micro-organisms, Genetically Engineered
Organisms or Cells.
9 See r. 3 of Environment (Protection) Rules, 1486 and Schedule I.
10 See r. 13 of Environment (Protection) Rules, 1986 and
i. Hazardous Wastes (Management and Handling) Rules, 1989;
ii. Manufacture, Storage and h7lporl of Hazardous Chemicals Rules, 1989; and
iii. Rules for the Manufacture, Use Import, Export and Storage of Hazardous Micro organisms, Genetically Engineered organisms or Cells.
i. Hazardous Wastes (Management and Handling) Rules, 1989;
ii. Manufacture, Storage and h7lporl of Hazardous Chemicals Rules, 1989; and
iii. Rules for the Manufacture, Use Import, Export and Storage of Hazardous Micro organisms, Genetically Engineered organisms or Cells.
11 For authorities or agencies see r. 12 of Environment (Protection) Rules, 1986 and Schedule
12 The Central Govt. has empowered 60
persons listed in the Table (p. 251) vide S.O. 83 (E) published in the
Gazette of India No. 66 dated 16-2-87 and S.O. 63 (E) published in the
Gazette of India No. 42 dated 18-1-88.
13 In excercise of powers conferred
under sub-section (i) of section 11 the Central Government has empowered
60 officers listed in the Table (p. 254) vide S.O. 84. (E) published in
the Gazette No. 66 dated 16-2-87 and S.O. 62(E) published in the
Gazette No. 42 dated 18-l-88.
14 For procedure for taking samples see r. 6 of Environment (Protection) Rules, 1986, also.
15 The Central Government has
delegated its powers under clause (b) of sub-section (i) of section 12
and section 13 of the Act to the Central Pollution Control Board vide
Notification No. S.O. 145 (E) dated 21-2-91 published in the Gazette No.
128 dated 27-2-91.
16 The list of laboratories/institutes
recognised as environmental laboratories: and the persons recognised as
Govt. Analysts is given in the table (p. 223).
17 See r. 9 of Environment (Protection) Rules, 1986.
18 See r. 8 of Environment (Protection) Rules, 1986.
19 For qualifications of Govt. Analyst see r. 10 of Environment (Protection) Rules, 1986.
20 In exercise of powers conferred
under clause (a) of section l9, the Central-Government has authorised
the officers and authorities listed in the Table (p. 238) vide S.O. 394
(E) published in the Gazette No. 185 dated 164-87, S.O. 237(E) published
in the Gazette No. 171 dated 29-3-89 and S.O. 656(E) dated 21-8-89
published in the Gazette No. 519 dated 21-8-89.
21 See footnote 2 on Page 213.
22 See footnote 3 on Page 213.
23 See footnote I on Page 214.
24 See r.6 of Environment (Protection) Rules, 1986.
25 See r. 7 of Environment (Protection) Rules, 1986.
26 See r. 9 of Environment (Protection) Rules, 1986.
27 For the procedure for submission of
samples to laboratories and the form of laboratory report see r. 8 of
Environment (Protection) Rules, 1986.
28 See r. 10 of Environment (Protection) Rules, 1986.
29 See r. 11 of Environment (protection) Rules, 1986.
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