 bill no 57 1 1_ the environment (protection) bill, 1986 arrangement of ~lauses chapl'er i prl:liminalty cuus1e1 short title, extent and commencement 2 deftnitions  chapter ii gbnj:ral po\vds of the cd1'1'ral govbrnmli:nt3 power of central government to take measures to protect aad improve environment 4 appointment of oft1cers and their powers and functions 5 power to give directions 6 rules to regulate environmental pollution  chapter iii prevention, c'on'l'rol and abatement of environl4'&n'1'ow pouutlon7 persons carrying on industry, operation, etc, not to allow emission or discharge of environmental pollutants in excess of the standards 8 persons handling hazardous substances to comply with procedural safeguards 9 furnishing of information to authorities and agencies in certain cues 10 powers of entry and inspection 11 power to take sample and procedure to be followed in connection therewith 12 environmental laboratories 13 government analysts 14 reports of government analysts 15 penalty for contravention of the provisions of the act and the rules orders and directions clause 16 offences by companies 17 offences by government departments  chapter iv18 protection o~ acticm taken in good fai·th 19 cognizance of offences 20 information, reporis or returns 21 memben of6cers and employees of the authority constituted under section 3 to be public servants 22 bar of jurisdiction 23 power to delegate 24 eftect of other laws 25 power to make nlles 26 rules made under this act'to be laid before parliament a bill to pro~de for the protection and improvement of environment and for matters connected therewith whereas decisions were taken at the united nations conference on the human environment he~d 'at stockholm in june, 197~ in whi~h india participated, to take appropriate steps for the pro~tion and improvement of human environment;  and wherl!oas it is considered necessary further to implement the de- cisions aforesaid in so f(lr as they relate to the protection and improvement of environment and the prevention of hazards to human liieinp other living creatures plants and property;  be it ~ by parliament in the thirty-seventh year of the republic of india asfollows:- chapter i preliminary5 1 (1) this act may be called the environinent (protection) act, 19a6 shorl (2) it extends to the whole of india litle, extent and commcnee· menl (3) it shall come into force on such date as the central government may by notification in the official gazette, appoint and di1fet'ent dates may be appointe4 for cuft'erent provisions of this act and for different 10 areas 2 in' this act, unless the context otherwise requires,-doiw· tiou (a) "environment" includes water, air and land and the interrelationship which exists among and etween water, air and land, and human beings, other living creatures, plants micro organism and property; 5 (b) "environmental pollutant" means any solid liquid or gaseous substance present in such concentration as may be or tend to be injurious to envi·ronment; (c) "environmental pollution" means the presence in the environment of environmental pollutions; 10 (d) "handling", in relation to any substance, means the manufacture, processing, treatment, package, storage, transportation, use collection, destruction, conversion, 'offering f~r sale, transfer or the like of such substance; (e) "hazardous substance" means any substance or preparation 15 which, by reason of its chemical or physico-chemical properties' or handling, is liable to cause harm to human beings, other living creatures, plants, micro-organism property or the environment; (1) "occupier", in relation to any factory or premises, means a person who has control over the affairs of the factory or the pre- 20 mises 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 gbndal powers of the central gov!'rnment3 (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 30 pollution (2) in particular, and without prejudice to the jlederality of the provisions of sub-seetion (1), sueh m_1inti may include measdreb wits respect to all or auy of the followinc matters, 1i8iiielr- power ofcentral-governmentto take mealureato protect andimprove environment (i) co-ordination of actions by the state governments officers and other authorities-'  35 (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 a~; (ii) planning and execution of a nation-wide· programme foi' 40 the prevention, control and abatement of en~mestal pollution; (iii) laying don' itulanls for the quihy of riroldllellt in its various aspeets; (iv) laying down standards for emiss!on or diseharre of envirolullental pollutants from various 8o'lu'ees whatsoever not being - ship or an aireraft: -5 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; 10 (v) restriction of areas in which any industries, operations or proces¥fl or class of industries, operations or processes shah not be carried out or shall be carried out subject to certain s~e­guards; , (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; (tnii) examination of such manufacturing processes, materials and substances a's nre likely to cause environmental pollution; (ix) catl'ying ont and sponsor:ng investigations and research re-1atidac to problems of environmental pollution; 20 (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; (rii) collection and dissem:nation 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 ppllution; ~5 (xiv) such other matters as the central government deems necessary or expedient for the purpose of securing the effective implementation of the provi9ions of this act (3) the central government may, if it codsiclers it necetsar)' or expedient so to do for the purposes of this ad, by ·order, published ia the olicial gazette, ~onstitute an authority or authorities by such 40 dame or name, as may be specified in the order for the purpose ofaxereisidg 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 wr!tb respect to such of the matters referred to in sub-sections (2) and (3) as may be meneoned in the 45 order aad 8ubjeet to the supervision and control of 'the central government and the provisions of flueh order,  such authority or authorities may exercise the powers or perform 'the functions or take the measures so mentioned in the order as if sueh authority or authorifes had beed empowered by this act to exercise those powers or rperiorm those fune-50 tions or take sul'h measures 4 (1) without prejudiee to the prqvisiclllls, of  su~-&ec~ (3) of sectiqd 3, the central gover  t 1il&j, appoint oftleen with iuc~ ;,~a­tiods as it thinks fit (or the purpoaes of tws act aad may ~ to them such of the powe)'s and fudetions under tbis ad as it may deem fit appointmentof oftlcen and their powers and functions power toaive l directions (2) the officers appointed under sub-section (1) shall be subject to 5 the general control and direction of the central government or, if so' directed by that government, also of ~ authority or authorities, if any, constituted under sub-section (3) of section 3 or of any other authority ot omcer - 5 notwithstanding a~ything contained in any other law but subject to 10 the provisions of this act, the central government, in the exercise of its powers and performance of its functions under this act, may 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 e1!planation-for the avoidance of doubts" it is hereby declared that 15 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 20 or any other service 6 (1) the central government may by notification in the official gazette make rule:; in resp~ct of all or any of the matters referred to in section ) rules torelu-late environmental pollution (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide' for all or any of the following 25 matters, namely:-(a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different a:reu; 30 (~) ~proc~ures and saf,guards for the handling of hazardous ~bstpn~;·     ,   (d) the prohibition and restrictions on the handling of haz~r­dous substances in different area's' ,  (e) the prohibition and restrictions on the location of indus  35 tnes and the carrying on of processes and operations in di1ferent ateas; <i) the procedures and safeguards for the prevention of acci~ts ~ju~h may cause environmental pollution and for pr~vidingfoj' re~ ~,dlal measures for such accidents,   chapter til prevention, control and abatement of environmental pollution7 no person carrying on any industry, operation or proceu shall discharge or emit or pennit to be discharged or emitted any environ-5 mental pollutant in excess of such standards as may be prescribed persons carrylnl on industry, operation,etc not to allow em1aalon orclilcbarpo! environmental pollutants in excels oftbe standards 8 no person shall handle or cause to be handled any hazardous substance except in accordance with su-:h procedure and after complying with such safeguards as may be prescribed perlona handling hazardous substancelto comply with procedural safeguards 9 (1) where the discharge of any environmental pollutant in excess 10 of the prescribed standards occurs or is apprehended to occur due to nny 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 j 5 and shall also forthwith-furnishingot information to authorities and agencies in certain cases (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 20 (2) on receipt of ftinfonnation with respect to the fact or appreh~nsion· 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 25 to prevent or mitigate the environmental pollution (3) the expenses, it 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 demahd for the expenses is made till it is 30 paid· may be recovered by such authority or agency from the person concerned as arrears of land revenue or of public demand, powers of entry adld8-paction 10 (1) subject to the provisions of this section, any person empowered by the central government in this behalf shall have a right to enter at ;all reasonable times with such assistance as he considers nec:eesary, , any pla~ j (4) for the purpose of performing any of the functions c1f the 5 central government entrusted to him; (b) for the purpose of determining whether and if so in what manner, any such functions aret 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 10 this act is being or has been complied with; (c) for the purpose of exam,ining and testing any equipment industrial plant, record register, document or any other material object or for conducting a search afany buildings in which he has reason to believe that an offence 1,lilder this act or the rules made 15 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 reasons 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 20 necessary to prevent or mitigate environmental pollution (2) every person carrying on any industry, operation or process or handling any hazardous substance shall be bound to render all,assistance to the person empowered by the central government under sub-scction (1) for carrying out the functions-under that sub-section and if he falls 25 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 person 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 30  ' - 2011974 (4) the provisions of the code of criminal procedure, 1973, or, in relation to the state of jammu and kashmir, or any 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 seizure under this section as they apply to any search or seizure made under 35 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 lt8id la~ 11 (1) the central government or any officer emppwered by it in this behalf, shall have power to take, for the purpose of analysis,sampies of air, water, soil or other substance from any factory, premises or 40 other place, in such manner as may be prescribed  powertc tue sample and procedure to be followed in ooonec:t ion  alb (z) the result of any analysis of a sample taken under sub-sectlon (1) shall not be admissible in evidence in any legal proceeding unless  the provisions of sub-sectlons (3) and (4) are complied with (3) subject to the provisions of sub-section (4), the person taking 45 the sample under sub-section (1) shall-, (4) serve on·the occupier or his agent cir person in charge of ·tlie place a notice, then and there, ~ aich form as may be prescribed, of :his intention to have it so 'analysed; "  (b) in the p~ee c)f the' occupier or bts • ,t ~r ~ 50 collect a sampl~ fo~~  iy8is; , (e) cause ,the s~ple to be pl4ced in a container or contalnen which shah be mark~ and s~aled and shall a~ be siped both by the person taking the sample arid the occupier or his agent or other person; 5 (d) send without del,ay, 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, jo 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 penon 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 th,e pers~n 15 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 (e) of sub-section (3), the marlted and sealed container or containers 20 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 recqgnised under section 12 and such person shall inform the government analyst appointed or recognised under section 13 in writing, about the 25 wilful absenre of the occupier or his agent or person, or, as the case may b~, his refusal to sign the container or containers 1z (1) the central government may, by dotifleation in the q8leia1 environ-gazette,-- mental laborulories (0) establish one or more viroojnentailaboratori  ; 30 (b) reeoanise one or  e laboratories or institute al _vironmantal laboratories to carry oat  the fanc"ods  entrue-! to an en\'ironmental laboratory under this act (2) the central government may, by notification in the official gazette, make rules specifying-(a) the functions of the environmental laboratory: 35 (b) the procedure for the submission to the said laboratory of samples of air, water, soil or other substance for analysis or tests, tqe form of the laboratory repor:t thereo~ and the fees ,pay:~ble for such report; 40 (c) such other matters as may be necessary or expedient to enable that laboratory to carry out its functions government analysts 13 the central government ma" by notifteatiod ill tbe qfiicial gautte, appoint or recognise lueb 1 period  as it thidki fit an having the prescribed qualiftcatlonll to be goveni  t ad,' for the pu  45 pose of analysis of samples of all, wa-" sou 01'\ 0_  ce ~t ~ad~fs" to " enviro~~taj "li~~tqq'; ~~~i~~ ~r ~~ised ~~ ~:~~~ (~) "" j,ction u  : 14 any doeumel)t pu~orting, to ~'a report signed by a government analyst inay be used' as evidence' of the fact's stated therein in any ptoceeding under this act ' , report of government analysts 15 (1) whoever fails to comply with or contravenes any of the provisions of this act or the' rules' made or btders or directions issued 5 thereunder shall, in respeet of each such failure or contravention, be punishable with imprisonment for a term which may extend to five penalty for contravention of the provisions 0( the act and tbe rules orders and directions year~ ~ or with fine w~ich may extend to one lakh rupees, or with both, and in case the failure or contravention continu~s, with additional fine which may extend to five thou~nd rupees for every day during wpich j 0 such failure or contravention continues after the conviction for the first liuch failure or contravention (2) if the failure 01' contravention ~ferred to in sub-tjection (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 j 5 extend to seven years 16 (1) where any offence under this act has been committed by a offences by compaaies co~pany, every person who, at the time the offence was committed was dir~ctly in charge of, and wu responsible to, the company for the conduct of the business of the company as well as the company shall 20 be deemed to be guilty of the offence and 'shall be liable to be pro· eeeded against and punished accordingly: prov'jded that nothing contained in this sub-section shall render ~'ly such person liable to any punishment provided ,in this act, if he proves that the off:ence was committed without his knowledge or that 25 he exercised all due diligence to prevent the commission of such offence (2) notwithstanding anything contained in sub-section (1) where anoffenbe anderthis';act has 'beell committed by a company and it is proved that the offence has been committed with the consent or connivance of qr)s atu;b~table to ~~y neglect on the part of, any direc- 30 for, manager, secretary or other omcer of the company such director, manager, &eltretary or other ofilc:er shall also be deemed to be guilty of that otjence'and shall, be l~bleto be proceeded againit and punished accordingly explanation-for the purposes of this section,-35 (a) "company" means any body corpot'bte, and includes a finn or other association of individuals;· and (b) "director", in relation to a finn, means a partner in the fum r oiences by government depart· ments 17 (1) wbere an offence under this act has been committed by any 40 department of government, the head of the department shall be deemed to be guilty of tl!ettffence and shall be liable to be proceeded agai,st and punished accordingly:  l ;iprovided that nothing adntained in this section shall render such head ,of the departmedt liable to any· punishment if he proves that the 45 off_ was commftted· without his, )moy/1edge or that -he exercised all due: ~ce to prevent :'the commis8ion of lueh offedce : (2); notwithstanding anything contained in sub-sectton(l), where an offence under this act has been committed 'by a department of' gove~fnt and it is proved that the offence luis been committed with the colll8nt or eopdiy-ce of, 01' is' attributable to any n,eglect on the part o~,any oftlcer,othei' than the head of ' 'the department, such 01beer' shall also be deemed'to be guilty of that offence and ihall be liable to be 5 proceeded against and punished accordingly  chapter tv i,protection of action labnin jood faith 18 no suit, prosecution or other legal proceeding shall lie against, loth government or any officer or' :othet· employee' of the goverament or any authority constituted under this act or any member, dlbcer or other employee of such authority in respect of anything which is done or tntended to be done in good faith inpursuanco of t};1i8 act or the roles made or orders or directions issued thereunder  19 no ,court shall take cognizance of any offence under this act ek-15 cept on a complaint made by-cogniz_ anceot ~:, offences (a) the central government or any authority or officer authorised in this behalf by that government; or 20 (b) any person who has given notice of not less than sixty daylij in the manner prescribed of the alteged offence and of his inten~ tion to make a complaint to the central government or the authority or officer authorised as aforesaid: provided that cognizance of an offence shan not be taken under clause (b) where, during the said period of sixty days, the central gov-ernment or the authority or officer, as aforesaid has itself or himself 25 made a complaint to the court of competent jurisdiciion of the alleged oo'ence or has >communicated to the said person of its or his refusal'to informa_ make such a complaint  - tions reports or returns 45 ot 1860 28 the central government may, in relation to its functions under this act, from time to time, require any person officer, state govern-30 ment or other authority to furnish to it or any p1'escribed authority or oftlcer any reports, returns, tatistics, accounts' and other tnformati<m and such person, oftl~, state government or other authority abah be bound to do so ,,'  81 all thfe membersr -of the' author'ityconstuuted, if any; under 35 section:'i and all oftlcers and other employees of such authority when acting or purporting to aet in pursuance of any provisions df this act or the rules made or ol'ders or directions issued thereunder shall be deemed to be public servants within the 'meanin~ of section 21 of the indian penal code members officers lind employees of the authority constituted under section 3 to be public servants rarol jurlsdictlon powrlo dele,ate 40 28 no: civil court shall have jurisdiction' tq entertain any suit or proceeding in respect of anything dode,actioniak-en or order or direction issued by the central government or any other authority or  officer tn pur$u&nce of, any power conferred by ot in ,relation to its or his functions under thjs act 45 23 without prejudice to the provisions of sub-section (3) of aeetioj1, 3 the centj:al government ,may~ qy notification jn theq~cial g~,ette, delegate subject to such conditions and limita~ions as ,may be specified in the notification such of its powers and functions under this' ad [excep the power to constitute an' a1itbority under bub-siction (3) of section 3 and to make rules under section 25] 81 it may deem necessary or ~dient to any oftlcer state government or other authority effect of other 1&," h (1) save as otherwise provlded by or under the atomic en~ 5 act, 1962 in relation to radio-active air poll~tion and subject to the 33 of 1962 provisions of sub-section (2), the provisions' of this act and the rules or orders made therein shall ·have effect notwithstanding anything inconsistent therewith con~ined 'in any enactment other than this act (2) where any act or omission constitutes on offence punishable udder 10 this act aadal80 under any other act then the often~er found guilty of such offence shall be liable to be puniljhed under the other act and not unc:k!r this act !s (1) the central government may, by notification in the oftlcial gazette, make rules for carrying out the purposes of this act ' 15 power to make a  (2) in particular, and without prejudice to the generality of the foreloing power, such rules m£y provide for all or any of the following matters, namely:-(a) ~he standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; 20 (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8; (c) the authorities oj' agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any!l5 environmental pollutant in excess of the prescribed standards shall be liven to whom an assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other suhstance for the purpose of analysis shall be taken under sub-section (1) 30 of section 11; (e) the form in which il9tice of intention to have a sample analysed shall be served under claluse (a) of sub-section (3) of aection 11;  (f) the functio~of the environmental laboratories, the prace- 35 dure for the submission to such laboratories of samples of· air, water, soil and other substances for aaalysil or test; the form of jaboratory report; the fees ~yable for such repert and other matters to enable such laboratories to cany out their functions under liubsection (2) of ection 12; (g) the qualiftcations of government analyst appoin~d or re- 40 cognised for the purpose of analysis of amples of air, water, soil or other substances under section 13; (h) the manner'in which notice of the oftenae and of the inten  tionto make a complabat to the central govemment shall be given 45 under clause (b) of likltlon 19; (i) the authority br offtcer to whom any reports, returns, stauirtics accounb! and other information shall be furnished under sectioli 20; (j) any other matter whieh is required to be or maybe presci1bed 50 auiei made under this act lobe laiel before parliameat  ~ ~ery rule made under this a'ct shall be latcl, ii soon· as may be, after· it is made, before eaicl1 houle of par~\ wtuie it is b1 iiitwoii, for a· total peri(1d of thirty days which may' be eotnpri~· in o~beist6n or in two or more sttecessive se~ions, and if, before the expiry of ih'e 5 session immediately following the session or the suecessive sessions afore8'aid, both houses agree in making any mo4iftcation in tpj;e rote or both houses agree that the rule should not be made, the rule shall ~­after have effect only in such modlfted form or be of no effect, as the case may be; so, however, ihat any such modification or annulment 10 "hllu be without prejudice to the validity of anythm, previously doni lmder that rule co~ over tbe state of ~nvirodment baa grow~ ,the world _ since, the sixties the dec~ in environmental q~ty bas been evi· d~ced by inerealliug piouution,loss of ,·eial  cover and biological di~ty excessive concentrations of harmf1ll chemicals in the ambient atplpsphere andin food, chains, growing risks of environmental accidepts uid' t~reats to li~e $upp9rt, ~ys~ms the world co~unity's resoive to rrote~tand enhance the e~~ironmental quality found expression in the decislons, taken at the united ~ations conference on the human environment held in stockholm in june 1972 government of india participhted in the conf~ence and' strongly voiced the environmental concerns while several measures have ~ taken for environmental protection both before and after the conference, the need for a general legil'iation further to implement the decisions of the conference h~s become increasin~ly evident 2 although there are existing laws dealing directly or 'indirectly with several environmental matters, it is necessary to have a general legislation for environmental 'protection existing laws generally focus on specific types of pollution or on specific categories of hazardous substances some major areas of environmental hazards are not covered there also exist uncovered gaps in areas of major environmental hazards there are inadequate linkages in handling matters of industrial and environmental safety control mechanisms to guard against slow, insidious build up of hazardous substances, especially new chemicals, in the environmen,t are weak because of a multiplicity of regulatory agencies, there is need for an authority which can assume the lead role for studying planning and implementing long term requirements of environmental safety and to give direction to, and co-ordinate a system of speedy and adequate response to emergency situations threatening the environment 3 in view of what has been stated above, there is urgent need for the enactment of a general legislation on environmental protection which intet alia, should enable co-ordination of activities of the various regulatory agencies, creation of an authority or authorities with adequate powers for environmental protection, regulation of discharge of environmental pollutants and handling of hazardous substances, speedy response in the event of accidents threatening environment and deterrent punishment to those who endanger human environment, safety and health 4 the bill seeks to achieve the above objects new deuu; z r ansari the 2nd may, 1986  president's recommendation under article 117 of the constitution of india[copy of letter no 1 (1) 18~pl, dated the 2nd may, 1986 from shri z r ansari, minister of state in the ministry of environment & forests to the secretary-general, lok sabha] the president, having beftn informed of the subject matter of the proposed environment (protection) bill, 1986 recommends the consideration of the bill in lok sabha under article '117(~) of the constitution  notes on czausd -clause 1 deals with the short title, extent and commencement of the legialation the legislation will ·c'oille into foree 011- the date notule«i by the ~entral government and different dates maybe notified for different provisions and for different areas  clause 2 detiaes the various words and expressions used in the billclause 3 vests power in ute central government to take all such measures as are necessary or expedient for the purpose of protecting and improving the quality of environment and preventing, controlling or abatiog environmental ppllution the clause also enumera~essome of such measures this clause further empowers the central government to constitut an authority or authorities for the purpose of the legislation clause 4 empowers the central government to appointofticers for the purpose of the legislation'  clause 5 empowers the central government, in exercise of its powers and performahce of its functions under the legislation, to issue directions to any person, officer or authority  clause 6 empowers the central government to make rules· to carry olli the purpose of the legislation in relation to matters falung withip the purview of section 3 the clause also enumerate!! some of the mat~on which such rules may be made clause 7 prohibits carrying on of any industry operation or process which discharges or emits any environmental pollution in -excess'of the standards laid down under the rules clause 8 enjoins upon persons to ('omply with the procedures laid do~n and safeguards prescribed under the rules' in the hand1in~ of hazard01la substances clause 9 enjoins upon the persons responsible to mitigate ellvironmental pollution and also to intimate the fact of any occurrence or apprehension of any occurrence relating to envirol1mental polluti~n to the pr~s~ri~d authorities and further to assist those authorities in preventing or miti~t­in~ environmental pollution the expenses if any, inc'urred with respect to remedial measures shall be recoverable from the persons responsible   \' clause 10 4;!nables the officers empowered by the cpntr,l government tn enter ;md inspect any place for the purpose of performing~ny f~n~­tion-; entrusted under the leqislation this clause also enjoins upon the persons carrying on any i ocl' tstry· opqration or process or handling' any hazardous subo;tanre to render all assistance to the central government and its officers and any failure or wilful delay or obstruction on the part of any such person s~al1 be punishable under the legislation , ;, ,, claue 11 deal with the 1)pwer of the central government and its omcera to take samples of air, water, sou or substances and the procedure for taking ()f such samples clause 12 empowers the central gove~ment to establish environmental laboratories or recognise 'any laboratory or institute as an environmenta,l laboratoi?" clause 13 empowers the central gevernment to appoint or recognise government analysts for the purpose of analysil of samples of air, water soil or any other substance clauie 14 lays down that any document purporting to be a report signed by the government analysts may be used as evidence of the facts ~ta~ therein in any proceeding under the legislation c,laule 13 provides for the penalty for contravention of any provisions of the legislation or any rules made or orders or directions issued ther&in the p,uniabment provided for the first offence may extend to five years imprisonment or fine of one lakh rupees or both and in case of continuing contr8ven~~n additional fine of tup,88s five tho~and for every d~y and an enhanced sentence of imprismunent for a term whic~ may extend to seven years where contravention continued beyond a period of one year af~ the'! date of conviction clause 16 fixes criminal liability also on the directors and principal officers of a company where an offence is committed by a company clause 17 fixes criminal liability also on the heads of the department of gowrnmeni where an offence is committed by the concerned department arid the head of the department is not able to prove that the offence was committed without his knowledge or that he had exercised all due dilip'nce to pr,event ule commission glf such offence clause 18 protects the ofticera and the employees of the government from prosecution or other legal proee!edings for the acts done or intended to be done in go~ flli~ ",~der the legts1~ti()d or the rules made ~r ,orders or directions i~sued thereunder, clause 19 lays down that no court shall take cognizance of any offence und~r the legislation except on a co~'pla~nt made by t~e central government or anyaut'1iority or officers author;i~ec;lin th~s 1?e~au or by any person who has given notic,e of not less, than sixty clays of his ~ntenti~t:1 tc? make a co~plaint, if within those ~xty d;ayls th~ ~overnment o'r officer has itself or himseh not made the complablt and has n9,t communicated to ,such pe~n its or 'his refu~itomake's':lch' a cod\p1aint ' clause 2q empow,ers tj:te~entra,lgovermpe~t to require a,ny p~rson, "mcer, state government or other authority to furniflh information repor,ts or'returns etc, ",  ' cl4usr 21 lays down that the members of the authority under section 3 and all officers and employees of the govemment or sueh authority shall be public sf!rv8nts ,'  ' , ' claure 22 bars the jurisdiction of civil courts to entertain any suit or proceeding in respect of anything done, action taken or order or directiod issued by the central government or any other authority or 'ofilcer i pursuaiilce of any power conferred by or in relation to its or his funo tionb under the legislation clause 23 ~powers the' central' government to delegate all or any of its powers under tpe legislation to any amcer, state government or uthoruy clause 24deala with the effect of the proposed legislation on other laws clause 25 empowers the central governm~t to make rules for carrying out the purposes of the proposed legislation claure 26 requires the rules to be laid before parliament the broad scheime of the bill is mainly to achieve co-ordidatioil of activities and functions of the existing statutory and other agencies in the ~d of environmental protection at the central and state levels clause 3 (2) provides for the following: (i) laying down standards for the quality of environment in various aspects [subclause (iii) ] (ii) laying down standards for emission or discharge of environmental pollutants from various sources whatsoever not being a ship or an aircraft [sub-clause (iv)] (iii) carrying out and sponsoring investigations and research relating to problems of environmental pollution [sub-clause (ix) ] (iv) collection and dissemination of information in respect of matters relating to environmental pollution [sub-clause (xii)] (v) preparation of manuals, codes and guides relating to prevention, control and abatement of environmental pollution [subclause (xiii)] it is, however, not possible to visualise at this stage the actual expenditure which may be involved on this account after the proposed authority becomes fully operational, the recurring annual expenditure on the above items is likely to be of the order of rupees 10 lakhs clause 3 (3) of the bill contains a provision under which the centrrl government may, by order, if it considers necessary or expedient so to do, constitute an authority or authorities for the purpose of exercising ~h of the powers and functions of the central govertnment as may be mentioned in the order this is an enabling provision the decision when to constitute an authority or authorities and, if so, what should be the composition of such authority or authorities, will have to be taken after considering the relevant factors in the circumstances, it is not possible at this stage to exactly visualise the nature and quantum of the expenditure which may be involved in constituting such authority or authorities under this subclause however, as and when the authority is set up, secretarial assistance will be provided by the department of environment, forests and wildhfe as the authority's activities will grow in a phased manner, the annual'recurring expenditure, payment of salaries, fee- allowances (including travelling allowances) is expected to be of the order of ri 51akhs initially and will stabilise around a level of 12lakhs clause 4(1) of the bill also contains an enabling provision to begin with, oftleers already wor1dng in statutory or other agencies, should be entruited with the additional powers and functions under the proposed leglslation and, therefore, no additional expenses will be involved under this cluase clause 12(1) provides that the central government may, by notification- in the official gazette, (a) establish one or more environmental laboratories or (b) recognise one or more laboratories or institutes as en- vironmentallaboratories to carry out the function entrusted to the environmental laboratories under the legislation it is not possible at this staseto visualise the number of environlnentallaboratories that will be estabushed or recognised or the equipment or personnel needed the existing laboratory, facilities available in different parts of the country will have to be examined before taking any final decisions efforts will have to be made to fully utilise existing facilities and avoid needless duplication hgwever, it is necessary to establish or recognise one main laboratory and four l"!-gional laboratories the non-recurring expenditure on lands and buildings for the five laboratories is likely to be around rupees 300 lakhs for fully equipping the laboratories the non-recurring expenditure will be of the order of rupees 500 lakhs the above expenditure is likely to be spread over a period of five years the above expenditure will be incurred if all the five laboratories are to be established without utilising the existing facilities the annual recurring expenditure on each laborlltory is likely to be around rupees 5 lakhs in the initial phases and rupees 12 00- 15 lakhs after full development it may, in fact, be necessary to establish only one or two 'such -laboratories and recognise existing, laboratories (as environmental laboratories) after suitable strengthening in such an eventuality, expenditure involved will be correspondingly reduced clause 13 provides for the appointment of government analysts the expenditure on the government analysts is included in the above recurring expenditure for environmental laboratories the authority to be constituted under section 3 may cause contingency plans to be formulated by various agencies or authorities for meeting any emergency situations these may involve provision of certain equipment and facilities it is, however, not possible at this stage to quantify such likely expenditure  no other recurring or non-recurring expenditure is involved clause 3(3) empowers the central government to constitute an authority or' authorities for th, purposes of exercising such of the powers or functions of the central government un4er the legislation as that government may deem necessary or expedient clause 6 empowers the central government to make rules to carry out the purposes of the le8ia1ation in respect of the matters falling within the purview of clause 3(1) clause 6(2) enumerates some of such matters clause 7 empowers the central goverdjx1eilt to lay' down, by rules, the standards in excess of which oviromnental pollutants shall n,ot be discharged or emitted 2 oause 8 empowers the central gov~ent to make rules to lay down procedures and prescribe safeguards in accordance with which hazardous substances shall be handled clause 9 empowers the central government to prescribe, by rules, authorities or agencies which shall be bound to prevent or mitigate environmental pollution and to whom the intimation of the fact of an occurrence or apprehension of an occurrence relating to environmental pollution shall be given clause 11(1) empowers the central government to prescribe, by rules, the mander in which samples of air, water, soil or any substance shall be taken clause 11 (3) empowers the central government to prescribe, by rules, the form in whk:h a notice of intention to have a sample analysed shall be given clbu8e 1~(2) empowers the centl'al government to make rules prescribing the functions of the environmental laboratories; the procedure for the submission to such laboratories of samples of air, water or sou or any other substllidce' for analysis or test; the form of laboratory report; the fee payable for 'such report; other matters enabling such laboratories to carry out their' functions and the quauflcatiods cjf government analyst appointed or recognised clause 19 (b) empowers the central government trl prescribe, by rules, the numner in which the notice of intention to make a complaint shall be given clause 20 empowers the central government to prescribe, by rules, the authority ·or oftlcer to whom any reporta, returns, statistics, accounts and other infonnation: shall be furnishett 3 the matters with respect to which the rules may be made under clauses 6, 7 and 8 are matters of highly technical and specialised nature in most of such matters, it would be possible to frame rules only after detailed study, research and investigation it is, therefore, not practicable to make provisions for the same in the bill and the delegation of legislative power is thus necessary and unavoidable the remaining matters with respect to which rules may be made are matters of administrative or procedural det~t11 for which it is not practicable to make provisions in the bm the delegation of legislative' power in respect of these matters ls, therefore, of a normal character a bill  ,we  tile protecttoll add improftiiaem at e'--d add :b' mattert cciililecw thelw'" (shri z a ansari, m~ of st4te i the jliafst7'7l of eyi~ i: foreiti) 