# THE ENVIRONMENT

 (PROTECTION) ACT, 1986

## (Act No.29 of 1986)


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### THE ENVIRONMENT (PROTECTION) ACT, 1986

 No. 29 OF 1986

_[23[rd] 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 Nations Conference 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, EXTENT 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;

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.


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(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-

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(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;


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(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
the 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.


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**5. POWER TO GIVE DIRECTIONS.-**

Notwithstanding anything contained in any other law but subject to the
provisions of this Act, the Central Government may[1], 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[2 ]

**_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;[3 ]

(b) the maximum allowable limits of concentration of various
environmental pollutants (including noise) for different areas;

1
The Central Government has delegated the powers vested in it under section 5 of the Act to the State Governments
of Andhra Pradesh, Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Karnataka, Kerala, Madhya Pradesh,
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 14-4-88; 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 Notification 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 the Gazette
No. 414 dated 25-7-91.

2
For issuing directions see r.4 of Environment (Protection) Rules, 1986.

3
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 (Schedule II omitted by G.S.R.801(E), dated 31.12.1993.)
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.
v. Schedule V – furnishing of information to authorities and agencies. Schedule II re-numbered as Schedule V
vide G.S.R.422(E), dated 19.5.1993.
vi. Schedule VI – inserted vide GSR422(E), dated 19.5.1993 for General Standards for discharge of Environmental
Pollutants,
vii. Schedule VII – inserted vide GSR176 (E), dated 2.4.1996.for National Ambient Air Quality Standards,


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(c) the procedures and safeguards for the handling of hazardous
substances;[1 ]

(d) the prohibition and restrictions on the handling of hazardous
substances in different areas;[2]

(e) the prohibition and restriction on the location of industries and the
carrying on process and operations in different areas;[3]

(f) the procedures and safeguards for the prevention of accidents which
may cause environmental pollution and for providing for remedial measures for
such accidents.[4 ]

#### 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[5].

**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[1].

1
See r. 13 of Environment (Protection) Rules, 1986, and
i. Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008;
ii. Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989; and
iii. Manufacture, Use, Import, Export and Storage of Hazardous Micro organisms, Genetically/Engineered
Organisms or Cells Rules, 1989

2
Rule 13 SUPRA

3
See r. 5 of Environment (Protection) Rules, 1986.

4
See r. 12 of Environment (Protection) Rules and Schedule V (Schedule II renumbered as Schedule V), and relevant
provisions of Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008,
Manufacture, Storage and Import of Hazardous Chemicals Rules and Manufacture, Use, Import Export and Storage
of hazardous Micro-organisms, Genetically Engineered Organisms or Cells Rules, 1989.

5
See r. 3 of Environment (Protection) Rules, 1986 and Schedule I.


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**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[1 ]

(2) On receipt of information with respect to the fact or apprehension of 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 are 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 behalf[2] 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 or any notice, order, direction or authorisation served, made,
given or granted under this Act is being or has been complied with;

1
For authorities or agencies see r. 12 of Environment (Protection) Rules, 1986 and Schedule V (Schedule II renumbered as Schedule V).

2
The Central Govt. has empowered 64 persons listed in the Table of Notification No.S.O. 83 (E) published in the
Gazette of India No. 66 dated 16-2-87.


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(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 willfully 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[1], 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.[2 ]

(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-
1
In exercise of powers conferred under sub-section (i) of section 11 the Central Government has empowered 64
officers listed in the Table vide S.O. 84. (E) published in the Gazette No. 66 dated 16-2-87

2
For procedure for taking samples see r. 6 of Environment (Protection) Rules, 1986, also


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Act 29 of 1986


(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 or 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 13 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 Government[1] 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[2].

1
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

2
The list of laboratories/institutes recognised as environmental laboratories: and the persons recognised as Govt.
Analysts.


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(2) The Central Government may, by notification in the Official Gazette, make
rules specifying-
(a) the functions of the environmental laboratory;[1]

(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;[2 ]

(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 qualifications[3] 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.

1
See r. 9 of Environment (Protection) Rules, 1986.

2
See r. 8 of Environment (Protection) Rules, 1986.

3
For qualifications of Govt. Analyst see r. 10 of Environment (Protection) Rules, 1986.


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**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 purposes 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.


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#### 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[1], 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).

1
In exercise of powers conferred under clause (a) of section l9, the Central Government has authorised the officers and
authorities listed in the Table of Notification No.S.O. 394 (E) published in the Gazette No. 185 dated 16-4-87, 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, S.O.624(E), dated 3.9.1996 and G.S.R.587(E), dated 1.9.2006.


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**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[1];

(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;[2 ]

1
See Rule 3 of Environment (Protection) Rules, 1986 and Schedule-I.

2
See r. 13 of Environment (Protection) Rules, 1986, and
i. Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008
ii. Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989; and
iii. Manufacture, Use, Import, Export and Storage of Hazardous Micro organisms, Genetically-  engineered
organisms or Cells Rules, 1989.


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(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;[1 ]

(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;[2 ]

(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;[3 ]

(f) the functions of the environmental laboratories,[4] the procedure for the
submission to such laboratories of samples of air, water, soil and other substances
for analysis or test;[5] 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;[6 ]

(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;[7 ]

(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 House 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
For authorities or agencies see r. 12 of Environment (Protection) Rules, 1986 and Schedule II.
2
See r.6 of Environment (Protection) Rules, 1986.
3
See r. 7 of Environment (Protection) Rules, 1986.
4
See r. 9 of Environment (Protection) Rules, 1986.
5
For the procedure for submission of samples to laboratories and the form of laboratory report see r. 8 of Environment
(Protection) Rules, 1986.

6
See r. 10 of Environment (Protection) Rules, 1986.
7
See r. 11 of Environment (protection) Rules, 1986.


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