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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The Environment (Protection) Act, 1986 269
(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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270 The Environment (Protection) Act, 1986
(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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The Environment (Protection) Act, 1986 271
5. POWER TO GIVE DIRECTIONS.-
Notwithstanding anything contained in any other law but subject to the
provisions of this Act, the Central Government may1
, 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 directions2
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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272 The Environment (Protection) Act, 1986
(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.