The Environment (Protection) Act, 1986 (19th November)

The Environment (Protection) Act, 1986-a brief overview :

👉 After the United Nations Conference on the Human Environment held in Stockholm in 1972 and in the wake of the Bhopal Tragedy, the Government of India enacted the act on 23rd may 1986 and came into force on 19th November 1986, to provide for the protection and improvement of environment and for matters connected therewith.

👉The Objective of the act is to implement the decisions of the United Nations Conference on the Human Environment of 1972, in so far as they relate to the protection and improvement of the human environment and the prevention of hazards to human beings, other living creatures, plants and property.

👉Aims to provide for the protection and improvement of environment. It describes rules to regulate environmental pollution, laying down procedures and standards for industrial waste, emissions, hazardous waste etc.Besides, it deals with the prevention, control and abatement of environmental pollution.

👉 The Act consists of and deals with more stringent penal provisions;

▪️The penalty for the contravention under this Act is imprisonment of 5 years, or fine of Rs. 1 lakh or both.

▪️Failure to comply with this punishment will result in a further penalty of 5000/- per day, followed by an extended imprisonment of 7 years.

▪️If the offence is committed by a company, the company as well as the director, officer in charge and any other relevant personnel is liable to be held guilty under this Act.

▪️If the offence is conducted by a government department, the HOD and any other relevant officer shall be held guilty. The HOD can be exempted if he/she can prove that the offence took place without their knowledge, or if they can prove that they did their utmost to prevent the offence.

▪️The section also states that a case/prosecution cannot be filed if the government entity or an officer of the government did actions under good faith.

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- C.Thomas Noble.

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