ENVIRONMENT PROTECTION RULES, 1986
(1) These rules may be called the Environ-ment (Protection) Rules, 1986.
(ii) They shall come into force on the date of their publication in the Official Gazette.
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1. Vide S.O. 844(E), dated 19th November, 1986, published in Gazette of India, Extra., Pt. II, sec. 3(i), dated 19th November, 1986.
In these rules, unless the context otherwise requires,—
(a) “Act” means the Environment (Protection) Act, 1986 (29 of 1986);
1[(aa) “areas” means all areas where the hazardous substances are handled;]
(b) “Central Board” means the Central Board for the Prevention and Control of Water Pollution 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 oc
(1) For the purposes 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 1[Schedules I to IV].
2[***]
(2) Notwithstanding anything contained in sub-rule (1), the Central Board or a State Board may specify more stringent standards from those provided in 3[Schedules I to IV] in respect of any specific industry, operation or process depending upon the quality of the recipient system and after recording reasons, therefor, in writing.
4[(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 pr
(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.
1[(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.
2[(3-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
(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 environment pollutants (including noise) for 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 t
Section R.5 of the Environment Protection Rules, 1986, pertains to the powers of the Central Government to issue directions for the purpose of protecting and improving the environment, including emergency measures in grave situations. It provides a statutory mechanism for the Government to act swiftly in cases of environmental threat, ensuring compliance and enforcement of environmental norms.
Section R.5 authorizes the Central Government to issue directions in writing to any person, officer, or authority to prevent or control environmental pollution or to take measures for protecting the environment. Such directions may include closing down industries, stopping processes, or other measures deemed necessary for grave injury to the environment, without the prior notice and opportunity to be heard if immediate action is required.
While Section R.5 itself does not specify penalties, non-compliance with directions issued under this section can lead to prosecution under the Environment Protection Act, 1986, which prescribes penalties such as imprisonment for up to five years, fines up to Rs. 1 lakh, or both [Bengaluru Development Authority VS Sudhakar Hegde]. Additionally, continued violation can result in further legal action, including closure orders and criminal proceedings.
In summary, Section R.5 of the Environment Protection Rules, 1986, provides a vital legal mechanism for the Central Government to issue immediate, binding directions to prevent grave environmental harm, with penalties for non-compliance, ensuring robust environmental governance in exigent circumstances.
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
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 analysed.
(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 t
The following shall be the functions of environmental laboratories:—
(i) to evolve standardised methods for sampling and analysis of various types of environmental pollutants;
(ii) to analyse 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 distcharge 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 i
A person shall not be qualified for appointment or recognised as a Government Analyst unless he is a—
(a) graduate in science from a recognised university with five years’ experience in a laboratory engaged in environmental investigations, 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) the Ministry of Environment and Forests (represented by the Secretary of the 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 (r
Where the discharge of environmental pollutant in excess of the prescribed standard 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 forthwith 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 operations 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) The Central Board or a State Board, as the case may be, and its regional officer having local jurisdiction who have been delega
.—(1) The Central Government may take into consideration the following factors while prohibiting or restricting the handling of hazardous substances in different areas:—
(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 or 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
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 authorisation under the Hazardous Waters (Management and Handling) Rules, 1989 issued under the Environment (Protection) Act, 1986 (29 of 1986) shall submit an environmental 2[statement] for the financial year ending on the 31st March in Form V to the concerned State Pollution Control Board on or before the 2[thirtieth day of September] every year, beginning 1993.]
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1. Ins. by G.S.R. 329(E), dated 13th March, 1992 (w.e.f. 13-3-1992
2. Subs. by G.S.R. 386(E), dated 22nd Ap
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