(c) to collect samples of air, water and soil from the premises of industrial and other potential sources of pollution; (d) to investigate into and report on the alleged violations of the provision of this act on the basis of complaints lodged by individuals or bodies of individuals; (e) to take immediate remedial steps in cases of emergency" substitution of new section 5 for section 4 of the principal act, the following section shall be substituted, namely:— for section 4, appointment of officers and 10 "4, (1) the authority may appoint officers with such designations 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 their powers and functions (2) the officers appointed under sub-section (7) shall be subject to the general control and direction of the authority" substitution of new section 6 for section 19 of the principal act, the following section shall be substituted, namely:— 15 for section 19 filing of suits "19 (z)-no court below the rank of a district court shall be empowered to decide disputes arising under this act (2) a case under this act may be filed either by an individual or a body of individuals directly or through the state environmental authority or by the authority 20itself, (3) on being approached by any individual or a body of individuals with a complaint against an alleged contravention of this act, the authority shall make a preliminary investigation into allegations, and if it is satisfied that a prima facie case exists, it shall file a case against the alleged polluter (4) the court shail, in deciding any matter under this act,— (') be assisted by at least two environmental experts to be made available by the state government; (ii) require the state authority to investigate into the matter and file the report thereof before it"  statement of objects and reasonswith a view to effectively control environment pollution to the desired levels the environment (protection) act was enacted in 1986 this was in addition to the already existing laws to check the air and water pollution in the country but despite its best intentions and with a consistent supporting hand of the parliament, government has failed to effectively contain the environment pollution in the country the air of the national capital and other metropolitan cities has become polluted to the poisonous level resulting in various respiratory diseases such as bronchitis, asthma, sinus and even lung cancer according to a report, by the end of this century the city of delhi will become unfit for human habitation the air pollution goes unchecked despite stiff penalties provided in the motor vehicle act, 1989, though the air is generally polluted by motor vehicles other factors also contribute towards polluting the air such as factories, power houses emanating fly ash and smoke, household cooking, dhabas, restaurants, hotels smoking by citizens and ever increasing dust in the air similarly water is also being polluted by discharge of affluents from factories containing hazardous substances the municipalities turn the drains towards the rivers, citizens bathe, defacate and sometimes throw corpses and carcases in the rivers thereby polluting them to the worst level noise pollution is also becoming a nuisance in the country day by day thus the process of polluting the environment is unabated affecting even the wild life and the flora and fauna the government machinery is inadequate to implement the environmental laws but at the same time it is high time the public is made aware of the problems connected with environmental pollution the citizens should be involved in safeguarding individual and social interests in this bill an attempt has been made to suggest modifications in the environment (protection) act, 1986 with a view to make it more meaningful and effective by plugging certain loopholes in dealing with problems of environmental pollution in the country so that it may remain a safe place for habitation hence this bill suresh pachouri financial memorandumclause 3 of the bill provides that the central government may, if it considers necessary, constitute enforcement agencies for implementing the provisions of the environment (protection) act, 1986 clause 4 provides that the central government shall constitute national environmental quality agency and national environmental authority and regional offices of these machineries in every state the agency and the authority shall consist of | five and three members respectively, to be appointed by the central government it further provides that the agency would undertake research work, collect information, lay down | standards for the quality of environment and for emission or discharge of environmental pollution, preparation of manuals and codes in connection with environmental pollution it  further provides for payment of compensation for loss of life injury to property or health of human beings due to environmental pollution clause 5 provides for appointment of officers by the authority the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india an estimated annual recurring expenditure of rupees four crores is likely to be involved from the consolidated fund of india a non-recurring expenditure to the tune of rupees two crore is also likely to be involved annexure extracts from the environment (protection) act, 1986 (29 of 1986)     2 in this act, unless the context otherwise requires,—— definition (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; (6) "environmental pollutant" means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be injurious to environment; 3 (1)      (2) in particular, and without prejudice to the generality of the provisions of sub- | power      | of       ||------------|----------|| central    |          || government | to       || take       | measures |section (7), such measures may inclide measures with respect to all or any of the following matters, namely:— | to           ||--------------|| improve      || environment |() co-ordination of actions by the state governments, officers and other authorities— (a) under this act, or the rules made thereunder; or (6) 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; (iu) 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; (vit) 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, machienry, 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 purposes 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 aiden ama aof officers and government may appoint officers with such designations 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 their powers and functions deem fit (2) the officers appointed under sub-section (7) 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