|









|








In the wake of Bhopal tragedy, the Government

of India enacted the Environment (Protection)
Act, 1986 (EPA) under article 253 of the
constitution. The purpose of the Act is to act as
an "umbrella" legislation designed to provide a
frame work for Central government co-
ordination of the activities of various central and
state authorities established under previous
laws, such as Water Act & Air Act.
|








The potential scope of the Act is broad,

with "environment" defined to include
water, air and land and the inter-
relationships which exist among water, air
and land, and human beings and other
living creatures, plants, micro-organisms
and property.
|








owever the Pollution Control Committee has

been vested with the powers under the
provisions under Section 5, the Central
Government may, in exercise of its powers and
performance of its function 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
which includes (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 (The
Central Government has delegated the powers
vested in it under Section 5 of the Act to DPCC)
to be verified.
|












The Central Government may by
notification in the official Gazette make
rules to regulate environmental pollution.
|












o 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
prescribed standards.
|












o 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 (These are explained
in detail under azardous waste
management rules).
|












Any person empowered by the Central
Government in this behalf has a right to
enter any premises all at reasonable times
in order to carry out the purpose of this
Act.
|












The Central Government or any officer
empowered by it on this behalf has power
to take for the purpose of analysis,
samples of air, water, soil or other
substance from any factory, premises or
other place in the prescribed names and
analysis of such sample may be produced
an evidence in case of a legal proceeding.
|












Whoever fails to comply with or contravenes any
of the provisions of this Act, or the rules made or
orders or directions issued there under, 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 failure or contravention.
|












Whoever fails to comply with or contravenes any
of the provisions of this Act, or the rules made or
orders or directions issued there under, 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 failure or contravention.
|