EPA / AUTHORITIES / CENTRAL GOVT
Powers and Functions of the Central Government
The Environment (Protection) Act, 1986 vests the Central Government with powers to act toward the protection of the environment. The following are the powers that the Act gives the Central Government. These are often the same as the functions of the Central Government and the two are provided together here.
The Central Government decides when the Environment (Protection) Act, 1986 comes into force by issuing a notification in the Official Gazette, and appoints different dates for different provisions of the Act to come into force for different areas.
The Ministry of Environment & Forests is the nodal agency in the administrative structure of the Central Government, for the planning, promotion, co-ordination and overseeing the implementation of environmental and forestry programmes. The principal activities of the Ministry of Environment & Forests, consist of conservation & survey of flora, fauna, forests and wildlife, prevention & control of pollution, afforestation & regeneration of degraded areas and protection of environment, in the frame work of legislations such as the Environment Protection Act, 1986.
Measures to protect & improve the environment
All measures for environment protection
- The Central Government can take all measures it thinks necessary, for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution.
Section 3.1
- Aside from its powers which are general in nature, the Central Government can take some other measures with respect to the following matters:Section 3.2
Coordination role
- Coordination of actions by the State Governments, officers and other authorities under the Environment(Protection) Act and Rules, or under any other law in force related to the objectives of this Act
Section 3.2.i
Planning programmes
- Planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution
Section 3.2.ii
Laying standards for environmental quality
- Laying down standards for the quality of environment in its various aspects
Section 3.2.iii
Laying standards for emission or discharge of environmental pollutants
- Laying down standards for emission or discharge of environmental pollutants from various sources, provided that these standards are in regard to the quality or composition of the emission or discharge of environmental pollutants from the respective sources
Section 3.2.iv
Restrictions in areas for industries operations and processes
- Placing restrictions in certain areas in which industries, operations or processes or class of industries, operations or processes are prevented from being carried out or can be carried out subject to certain safeguards (this has been stated in Rule 5 of the Environment (Protection) Rules). These areas are popularly called “Ecologically Sensitive Areas” and many notifications declaring them are made under this clause, including the EIA Notification and the CRZ Notifications. Click here for a list of ESA notifications declared under this clause.
Section 3.2.v
Prevention of accidents
- Laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and laying down remedial measures for such accidents
Section 3.2.vi
Procedures and safeguards on hazardous substances
- Laying down procedures and safeguards for the handling of hazardous substances;
Section 3.2.vii
Examining manufacturing processes
- Examination of any manufacturing processes, materials and substances that are likely to cause environmental pollution
Section 3.2.viii
Sponsoring investigations and research
- Carrying out and sponsoring investigations and research relating to problems of environmental pollution
Section 3.2.ix
Inspecting premises, plant, equipment etc
- Inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving such directions, by order, to the concerned authorities, officers or persons as the Central Government considers necessary to take steps for the prevention, control and abatement of environmental pollution
Section 3.2.x
Establishing and recognizing environmental laboratories
- Establishment or recognition of environmental laboratories and institutes to carry out specific functions assigned to them under the Act
Section 3.2.xi
Dissemination of information on pollution
- Collection and dissemination of information related to environmental pollution
Section 3.2.xii
Preparation of manuals, codes or guides
- Preparation of manuals, codes or guides relating to the prevention control and abatement of environmental pollution
Section 3.2.xiii
Other measures for implementation
- The Central Government can also undertake measures that it thinks necessary or expedient for the purpose of the effective implementation of the provisions of the Act
Section 3.2.xiv
Constitutes authorities & appoints officers
The Central Government may, if it considers it necessary for environment protection pass an order (published in the Official Gazette) and constitute an authority or authorities for the purpose of exercising and performing its powers and functions. The authority or authorities can take measures with respect to its other powers mentioned above, under the supervision and control of the Central Government.
Section 3.3
The Central Government can appoint officers and give them certain designations, entrusting them with certain powers and functions under the Act for the purpose of carrying out the provisions of the Act.
Section 4.1
Power to issue directions
The Central Government 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.
The Act clarifies that 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 or any other service.
Click here to see the procedure related to Issuing Directions
Section 5
Rules to regulate environmental pollution
The Central Government may issue a notification in the Official Gazette, to make rules for taking measures to protect and improve the environment.
Section 6.1
These rules can be about any of the following matters:
(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 areas;
(c) the procedures and safeguards for the handling of hazardous substances;
(d) the prohibition and restrictions on the handling of hazardous substances in different areas;
Click here to see the Procedure on prohibiting and restricting the handling of hazardous substances
(e) the prohibition and restriction on the location of industries and the carrying on process and operations in different areas; Click here to see the procedure for the same
(f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents.
Section 6.2
Power to take samples
The Central Government can authorize any officer or can itself collect samples of air, water, soil or other substance from any factory, premises or other place for the purpose of analysis. Click here for the procedure to take samples
Section 11
Power for Entry and Inspection
The Central Government can authorize persons to enter and inspect any place to carry out the functions of the Act. Click here to see the procedure for entry and inspection.
Section 10
Power to demand information, reports or returns
The Central Government may, in relation to its function under this Act, from time to time, require any person, officer, State Government or other authority to furnish to it or any prescribed authority or officer any reports, returns, statistics, accounts and other information and such person, officer, State Government or other authority shall be bound to do so.
Section 20
Delegate functions and powers
The Central Government may, by notification in the Official Gazette, delegate, its powers and functions under the Act as it may deem necessary or expedient, to any officer, State Government or other authority. This does not include the powers to constitute an authority under Section 3.3. It also does not include the power to make rules under section 25.
The conditions and limitations of such a delegation of powers and functions may be specified in the notifications.
Section 23
Identification of critically polluted areas
The Central Pollution Control Board is responsible for the identification of ‘critically polluted areas’. This is linked to the standards for emissions or discharge of environmental pollutants for thermal power plants. Coal based thermal power plants located in such areas are supposed to use raw or blended or beneficiated coal with a certain ash content. For more on this click here.
Rule 3.8.d of the EP Rules
Receiving notice about alleged offences and complaints in a Union Territory or State
If an offence has or is alleged to have taken place within a Union Territory or a State, then in order for courts to take cognizance of offences under the EP Act, a certain procedure has to be followed which involves the Central Government:
- Either the complaints should either be made either by the Central Government or any authority or authorized officer.
- A person wanting to make a complaint should give notice about the same in Form IV and send this notice to the Central or State Board (the Government of the State (represented by the Secretary to the State Government in-charge of Environment and the Ministry of Environment and Forests (represented by the Secretary to the Government of India). The notice should be sent by registered post acknowledgement due and a 60 day period should be given from the date of receipt by the concerned office.
Link to Authorities appointed by the Central Government