(The Principal rules were
published in the Gazette of India vide number S.O. 844(E), dated 19.11.1986 and
subsequently amended vide: (i)
S.O. 32(E), 16.2.87 (ii)
S.O. 64(E), 18.1.88 (iii)
G.S.R. 931(E), 27.10.89 (iv)
S.O. 23(E), 16.1.91 (v)
G.S.R. 95(E), 12.2.92 (vi)
G.S.R. 329(E), 13.3.92 (vii)
G.S.R. 562(E), 22.5.92 (viii)
G.S.R. 636(E), 25.6.92 (ix)
G.S.R. 386(E), 22.4.93 (x)
G.S.R. 422(E), 19.5.93 (xi)
G.S.R. 801(E), 31.12.93 (xii)
G.S.R. 7, 22.12.98) (i)
These rules may be called the Environment
(Protection) Rules, 1986. (ii)
They shall come into force on the date of
their publication in the Official Gazette. In these rules, unless the
context otherwise requires,- (a)
"Act" means the Environment
(Protection) Act, 1986 (29 of 1986); (aa)
"areas" means all areas where the hazardous substances are handled;[1] (b)
"Central Board" means the Central
Pollution Control Board constituted under section 3 of the Water (Prevention
and Control of Pollution) Act, 1974 (6 of 1974); (c)
"Form" means a form set forth in
Appendix A to these rules; (d)
"Government Analyst" means a person
appointed or recognized as such under section 13; (e)
"person" in relation to any factory
or premises means a person or occupier or his agent who has control over the
affairs of the factory or premises and includes in relation to any substance,
the person in possession of the substance. (ee)
"prohibited substance" means the substance prohibited for handling;[2] (f)
"recipient system" means the part
of the environment such as soil, water, air or other which receives the
pollutants; (ff)
"restricted substance" means the substance restricted for handling;[3] (g)
"section" means a section of the
Act; (h)
"Schedule" means a Schedule
appended to these rules; (i)
"Standards means standards prescribed
under these rules; (j)
"State Board" means a State
Pollution Control Board constituted under section 4 of the Water (Prevention
and Control of Pollution) Act, 1974 (6 of 1974) or a State Pollution Control
Board constituted under section 5 of the Air (Prevention and Control of
Pollution) Act, 1981 (14 of 1981); (1)
For the purpose of protecting and improving
the quality of the environment and preventing and abating environmental
pollution, the standards for emission or discharge of environmental pollutants
from the industries, operations or processes shall be as specified in [4][Schedule
I to IV]. (2)
Notwithstanding anything contained in
sub-rule (1),the Central Board or a State Board may specify more stringent
standards from those provided in [5][Schedule
I to IV] in respect of any specific industry, operation or process depending
upon the quality of the recipient system and after recording reasons therefore
in writing. [6](3) The standards for emission or discharge of
environmental pollutants specified under sub-rule (1) or sub-rule (2) shall be
complied with by an industry, operation or process within a period of one year
of being so specified. [7][(3A) (i)
Notwithstanding anything contained in
sub-rules (1) and (2), on and from the 1st day of January, 1994, emission or
discharge of environmental pollutants from the [8][industries,
operations or processes other than those industries, operations or processes
for which standards have been specified in Schedule-I] shall not exceed the
relevant parameters and standards specified in schedule VI. Provided that the State
Boards may specify more stringent standards for the relevant parameters with
respect to specific industry or locations after recording reasons therefore in
writing; (ii)
The State Board shall while enforcing the
standards specified in Schedule VI follow the guidelines specified in Annexure
I and II in that Schedule]. [9][(3B)]
The combined effect of emission or discharge of environmental pollutants in an
area, from industries, operations, process, automobiles and domestic sources,
shall not be permitted to exceed the relevant concentration in ambient air as
specified against each pollutant in columns (3) to (5) of Schedule VII.] (4) Notwithstanding anything contained in sub-rule
(3)- (a)
the Central Board or a State Board, depending
on the local conditions or nature of discharge of environmental pollutants,
may, by order, specify a lesser period than a period specified under sub-rule
(3) within which the compliance of standards shall be made by an industry,
operation or process (b)
the Central Government in respect of any
specific industry, operation or process, by order, may specify any period other
than a period specified under sub-rule (3) within which the compliance of
standards shall be made by such industry, operation or process. (5) Notwithstanding anything contained in sub-rule
(3) the standards for emission or discharge of environmental pollutants
specified under sub-rule (I) or sub-rule (2) in respect of an industry,
operation or process before the commencement of the Environment (Protection)
Amendment Rules, 1991, shall be complied by such industry, operation or process
by the 31st day of December 1991. [10][(6)
Notwithstanding anything contained in sub-rule (3), an industry, operation or
process which has commenced production on or before 16th May, 1981 and has
shown adequate proof of at least commencement of physical work for
establishment of facilities to meet the specified standards within a time-bound
programme, to the satisfaction of the concerned State Pollution Control Board,
shall comply with such standards latest by the 31 st day of December, 1993. (7) Notwithstanding anything contained in sub-rule
(3) or sub-rule (6) an industry, operation or process which has commenced
production after the 16th day of May, 1981 but before the 31st day of December
1991 and has shown adequate proof of at least commencement of physical work for
establishment of facilities to meet the specified standards within a time-bound
programme, to the satisfaction of the concerned State Pollution Control Board,
shall comply with such standards latest by the 31st day of December, 1992.] (1)
Any direction issued under section 5 shall be
in writing. (2)
The direction shall specify the nature of
action to be taken and the time within which it shall be complied with by the
person, officer or the authority to whom such direction is given. (3)
(a) The person, officer or authority to whom
any direction is sought to be issued shall be served with a copy of the
proposed direction and shall be given an opportunity of not less than fifteen
days from the date of service of a notice to file with an officer designated in
this behalf the objections, if any, to the issue of the proposed direction. (b) Where the proposed
direction is for the stoppage or regulation of electricity or water or any
other service affecting the carrying on any industry, operation or process and
is sought to be issued to an officer or an authority, a copy of the proposed
direction shall also be endorsed to the occupier of the industry, operation or
process, as the case may be and objections, if any, filed by the occupier with
an officer designated in this behalf shall be dealt with in accordance with the
procedures under sub-rules (3a) and (4) of this rule: Provided that no opportunity
of being heard shall be given to the occupier if he had already been heard
earlier and the proposed direction referred to in sub-rule (3b)
above for the stoppage or regulation of
electricity or water or any other service was the resultant decision of the
Central Government after such earlier hearing.[11] (4)
The Central Government shall within a period
of 45 days from the date of receipt of the objections, if any or from the date
up to which an opportunity is given to the person, officer or authority to file
objections whichever is earlier, after considering the objections, if any,
received from the person, officer or authority sought to be directed and for
reasons to be recorded in writing, confirm, modify or decide not to issue the
proposed direction. (5)
In case where the Central Government is of
the opinion that in view of the likelihood of a grave injury to the environment
it is not expedient to provide an opportunity to file objections against the
proposed direction, it may, for reasons to be recorded in writing, issue
directions without providing such an opportunity. (6)
Every notice or direction required to be
issued under this rule shall be deemed to be duly served (a)
where the person to be served is a company,
if the document is addressed in the name of the company at its registered
office or at its principal office or place of business and is either- (i)
sent by registered post, or (ii)
delivered at its registered office or at the
principal office or place of business; (b)
where the person to be served is an officer
serving Government, if the document is addressed to the person and a copy
thereof is endorsed to this Head of the Department and also to the Secretary to
the Government, as the case may be, in-charge of the Department in which for
the time being the business relating to the Department in which the officer is employed
is transacted and is either- (i)
sent by registered post, or (ii)
given or tendered to him; (c)
in any other case, if the document is
addressed to the person to be served and- (i)
is given or tendered to him, or (ii)
if such person cannot be found, is affixed on
some conspicuous part of his last known place of residence or business or is
given or tendered to some adult member of his family or is affixed on some
conspicuous part of the land or building, if any, to which it relates, or (iii)
is sent by registered post to that person; Explanation.-For the purpose
of this sub-rule,- (a)
"company" means any body corporate
and includes a firm or other association of individuals; (b)
"a servant" is not a member of the
family. (1)
The Central government may take into
consideration the following factors while prohibiting or restricting the
location of industries and carrying on of processes and operations in different
areas- (i)
Standards for quality of environment in its
various aspects laid down for an area. (ii)
The maximum allowable limits of concentration
of various environmental pollutants (including noise) [or an area. (iii)
The likely emission or discharge of environmental
pollutants from an industry, process or operation proposed to be prohibited or
restricted. (iv)
The topographic and climatic features of an
area. (v)
The biological diversity of the area which,
in the opinion of the Central Government needs to be preserved. (vi)
Environmentally compatible land use. (vii)
Net adverse environmental impact likely to be
caused by an industry, process or operation proposed to be prohibited or
restricted. (viii)
Proximity to a protected area under the
Ancient Monuments and Archaeological Sites and Remains Act, 1958 or a
sanctuary, National Park, game reserve or closed area notified as such under
the Wild Life (Protection) Act, 1972 or places protected under any treaty,
agreement or convention with any other country or countries or in pursuance of
any decision made in any international confcrcnce1 association or other body. (ix)
Proximity to human settlements. (x)
Any other factor as may be considered by the
Central Government to De relevant to the protection of the environment in an
area. (2)
While prohibiting or restricting the location
of industries and carrying on of processes and operations in an area, the
Central Government shall follow the procedure hereinafter laid down. (3)
(a) Whenever it appears to the Central
Government that it is expedient to impose prohibition or restrictions on the
locations Of an industry or the carrying on of processes and operations in an
area, it may by notification in the Official Gazette and in such other manner
as the Central government may deem necessary from time to time, give notice of
its intention to do so. (b) Every notification under
clause (a) shall give a brief description of the area, the industries,
operations, processes in that area about which such notification pertains and
also specify the reasons for the imposition of prohibition or restrictions on
the locations of the industries and carrying on of process or operations in
that area. (c) Any person interested in
filing an objection against the imposition of prohibition or restrictions on
carrying on of processes or operations as notified under clause (a) may do so
in writing to the Central Government within sixty days from the date of
publication of the notification in the Official Gazette. (d) The Central Government
shall within a period of one hundred and twenty days from the date of
publication of the notification in the Official Gazette consider all the
objections received against such notification and may [12][within
one hundred and [13][eighty]
days from such day of publication] impose prohibition or restrictions on
location of such industries and the carrying on of any process or operation in
an area. The Central Government or
the officer empowered to take samples under section 11 shall collect the sample
in sufficient quantity to be divided into two uniform parts and effectively
seal and suitably mark the same and permit the person from whom the sample is
taken to add his own seal or mark to all or any of the portions so sealed and
marked. In case where the sample is made up in containers or small volumes and
is likely to deteriorate or be otherwise damaged if exposed, the Central
Government or the officer empowered shall take two of the said samples without
opening the containers and suitably seal and mark the same. The Central
Government or the officer empowered shall dispose of the samples so collected
as follows:- (i)
One portion shall be handed over to the
person from whom the sample is taken under acknowledgement; and (ii)
the other portion shall be sent forthwith to
the environmental laboratory or analysis.[14] The Central Government or
the officer empowered shall serve on the occupier or his agent or person in
charge of the place a notice then and there in Form I of his intention to have
the sample analyzed. (1)
Sample taken for analysis shall be sent by
the Central Government or the officer empowered to the environmental laboratory
by registered post or through special messenger along with Form II. (2)
Another copy of Form II together with
specimen impression of seals of the officer empowered to take samples along
with the seals/marks, if any, of the person from whom the sample is taken shall
be sent separately in a sealed cover by registered post or through a special
messenger to the environmental laboratory. (3)
The findings shall be recorded in Form III in
triplicate and signed by the Government Analyst and sent to the officer from
whom the sample is received for analysis. (4)
On receipt of the report of the findings of
the Government Analyst, the officer shall send one copy of the report to the
person from whom the sample was taken for analysis, the second copy shall be
retained by him for his record and the third copy shall be kept by him to be
produced in the Court before which proceedings, if any, are instituted. The following shall be the
functions of environmental laboratories:- (i)
to evolve standardized methods for sampling
and analysis of various types of environmental pollutants; (ii)
to analyze samples sent by the Central
Government or the officers empowered under sub-section (1) of section 11. (iii)
to carry out such investigations as may be
directed by the Central Government to lay down standards for the quality of
environment and discharge of environmental pollutants, to monitor and to enforce
the standards laid down; (iv)
to send periodical reports regarding its
activities to the Central Government; (v)
to carry out such other functions as may be
entrusted to it by the Central Government from time to time. A person shall not be
qualified for appointment or recognized as a Government Analyst unless he is
a:- (a)
graduate in science from a recognized
university with five years experience in laboratory engaged in environmental
investigation, testing or analysis; or (b)
post-graduate in science or a graduate in
engineering or a graduate in medicine or equivalent with two years experience
in a laboratory engaged in environmental investigations testing or analysis; or (c)
post-graduate in environmental science from a
recognized university with two years experience in a laboratory engaged in
environmental investigations, testing or analysis. The manner of giving notice
under clause (b) of section 19 shall be as follows, namely:- (1)
The notice shall be in writing in Form IV. (2)
The person giving notice may send notice to- (a)
if the alleged offence has taken place in a
Union territory (A)
the Central Board and (B)
Ministry of Environment and Forests
(represented by the Secretary to Government of India); (b)
if the alleged offence has taken place in a
State: (A)
the State Board; and (B)
the Government of the State (represented by
the Secretary to the State Government in-charge of environment); and (C)
the Ministry of Environment and Forests
(represented by the Secretary to the Government of India); (3)
The notice shall be sent by registered post
acknowledgement due; and (4)
The period Of sixty days mentioned in clause
(b) of section 19 of the Environment (Protection) Act, 1986 shall be reckoned
from the date it is first received by one of the authorities mentioned above. Where the discharge of
environmental pollutant in excess of the prescribed standards occurs or is
apprehended to occur due to any accident or other unforeseen act or event, the
person in charge of the place at which such discharge occurs or is apprehended
to occur shall forth with intimate the fact of such occurrence or apprehension
of such occurrence to all the following authorities or agencies, namely:- (i)
The officer-in-charge of emergency or
disaster relief operation in a district or other region of a state or Union
territory specified by whatever designation by the Government of the said State
or Union territory, and in whose jurisdiction the industry, process or
operation is located. (ii)
Central Board or a State Board as the case
may be and its regional officer having local jurisdiction who have been
delegated powers under section 20, 21, 23 of the Water (Prevention and Control
of Pollution) Act 1974 (6 of l974)- and section 24 of the Air (Prevention and
Control of Pollution) Act, 1981 (14 of 1981). (iii)
The statutory authorities or agencies
specified in column 3 in relation to places mentioned in column 2 against
thereof of the Schedule II.][15] (1)
The Central Government may take into
consideration the following factors while prohibiting or restricting the
handling of hazardous substances in different area is- (i)
The hazardous nature of the substance (either
in qualitative or quantitative terms as far as may be) in terms of its damage
causing potential to the environment, human beings, other living creatures,
plants and property; (ii)
the substances that may be or likely to be
readily available as substitutes for the substances proposed to be prohibited
or restricted; (iii)
the indigenous availability of the substitute,
or the state of technology available in the country for developing a safe
substitute; (iv)
the gestation period that may be necessary
for gradual introduction of a new substitute with a view to bringing about a
total prohibition of the hazardous substance in question; and (v)
any other factor as may be considered by the
Central Government to be relevant to the protection of environment. (2)
While prohibiting or restricting the handling
of hazardous substances in an area including their imports and exports the Central
Government shall follow the procedure hereinafter laid down- (i)
Whenever it appears to the Central Government
that it is expedient to impose prohibition or restriction on the handling of
hazardous substances in an area, it may, by notification in the Official
Gazette and in such other manner as the Central Government may deem necessary
from time to time, give notice of its intention to do so. (ii)
Every notification under clause (i) shall
give a brief description of the hazardous substances and the geographical
region or the area to which such notification pertains, and also specify the
reasons for the imposition of prohibition or restriction on the handling of
such hazardous substances in that region or area. (iii)
Any person interested in filing an objection
against the imposition of prohibition or restrictions on the handling of
hazardous substances as notified under clause (i) may do so in writing to the
Central Government within sixty days from the dale of publication of the
notification in the Official Gazette. (iv)
The Central Government shall within a period
of ninety days from the date of publication of the notification in the Official
Gazette consider all the objections received against such notification and may
impose prohibition or restrictions on the handling of hazardous substances in a
region or an area.][16] Every person carrying on an
industry, operation or process requiring consent under Section 25 of the Water
(Prevention and Control of Pollution) Act, 1974 (6 of 1974) or under section 21
of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) or both
or authorization under the Hazardous Wastes (Management and Handling) Rules,
1989 issued under the Environment (Protection) Act, 1986 (29 of 1986) shall
submit an environmental audit report for the financial year ending the 31st
March in Form V to the concerned State Pollution Control Board on or before the
[18][thirtieth
day of September] every year, beginning 1993.][19] [1] Clauses (aa), (ee)
and (ff) inserted by Notification NO. G.S.R. 931(E) dated 27.10.89 published in
the Gazette NO. 564 dated 27.10.89. These rules are- referred to as Principal
Rules in all Notifications beginning with S.O. 82(E) published in the Gazette
No. 66 dated 16.2.87. [2] Clauses (aa), (ee)
and (ff) inserted by Notification NO. G.S.R. 931(E) dated 27.10.89 published in
the Gazette NO. 564 dated 27.10.89. These rules are- referred to as Principal
Rules in all Notifications beginning with S.O. 82(E) published in the Gazette
No. 66 dated 16.2.87. [3] Clauses (aa), (ee)
and (ff) inserted by Notification NO. G.S.R. 931(E) dated 27.10.89 published in
the Gazette NO. 564 dated 27.10.89. These rules are- referred to as Principal
Rules in all Notifications beginning with S.O. 82(E) published in the Gazette
No. 66 dated 16.2.87. [4] Substituted by
notification G.S.R 422(E) dated 19.5.93, published in the Gazette No. 174 dated
19.5.93. [5] Substituted ibid. [6] The sub-rule (3) of
rule 3 inserted vide S.O. 23(E) dated 16.1.91. [7] The sub-rule (3A) of
rule 3 inserted by rule 2(a)(iii) of the Environment Protection) Second
Amendment Rules, 1993 notified vide G.S.R. 422(E) dated19.5.93, published in
the Gazette No.174 dated 19.5.93. [8] Substituted by rule
2(a) of the Environment (Protection) Third Amendment Rules, 1993 notified vide
Notification G.S.R. 801(E), dated 31.12.93, published in Gazette No.463 dated
31.12.93. [9] Substituted by
Rule2(a) of the Environment (Protection) Second (Amendment) Rules, 1998
notified by notification G.S.R. 7, dated 22.12.98. [10] Sub-rule (6) and (7)
of rule 3 were added by the Environment (Protection) Amendment Rule, 1992 vide
G.S.R. 95(E) dated 12.02.1992. [11] Sub-rule (3) of rule
4 of the Principal Rules was re-numbered as sub-rule 3(a) and sub-rule 3(b) inserted
vide Notification No. S.O. 64(E) published in the Gazette No. 42 dated 18.1.88. [12] Inserted by Rule 2 of
the Environment (Protection) (Third Amendment) Rules, 1992 notified vide G.S.R.
562(E), dated 22.5.1992. [13] Substituted by Rule 2
of the Environment (Protection) Fourth Amendment) Rule, 1992 notified vide
G.S.R. 636(E), dated 25.6.1992. [14] For rule 6 of the
principal rules this rule was substitute vide S.O. 64(E) published in the
Gazette No. 42 dated 18.1.88. [15] Rule 12 inserted vide
Notification No. S.O. 32(E) dated 16.2.87 published in the Gazette No. 66 dated
16.2.87. [16] Rule 13 inserted vide
Notification No G.S.R. 931(E) dated 27.10.89 published in the Gazette No. 564
dated 27.10.89. [17] Substituted by Rule
2(a)(i) of the Environment (Protection) Amendment Rules, 1993 vide notification
G.S.R. 386(E), dated 22.4.93. [18] Substituted by Rule
2(a)(ii), ibid. [19] Inserted by Rule 2 of
the Environment (Protection) Second Amendment & Rules, 1992 vide G.S.R.
329(E), dated 13.03.92.Environment
(Protection) Rules, 1986