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What are the general powers of the Central Government under E.P.A. for the protection and improvement of environment?

What are the general powers of the Central Government under E.P.A. for the protection and improvement of environment?

Section 3. Power of Central Government to take measure to protect and improve the environment –

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 pollution.

2.

In particular, and without prejudice to the generality of the provisions of sub-section (1), such measures may include measures with respect to all or any of the following matters, namely.

i)

Co-ordination of actions by the State Governments, officers and other authorities

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 Act.

ii)

Planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution.

iii)

Laying down standards for the quantity of environment in its various aspects.

iv)

Laying down standards for emission or discharge of environmental pollutants from various sources whatsoever. 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 lr discharge of environmental pollutants from such sources.

v)

Restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards.

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.

viii)

Examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution.

ix)

Carrying out and sponsoring investigations and research relating to problems of environmental pollution.

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.

xii)

Collection and dissemination 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 pollution.

xiv)

Such other matters as the Central Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this Act.

3.)

The Central Government may, if it consider it necessary or expedient so to do for the purposes of this Act, by order published in the Official Gazettee, constitute an authority or authorities by such name or names as may be specified in the order for the purpose of exercising 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 with respect to such of the matters referred to in sub-section(2) as may be mentioned in the order and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise the powers or perform the functions or take the measures so mentioned in the order as if such authority had been empowered by this Act to exercise those powers or perform those functions or take such measures.

Section 4. Appointment of Officers and their powers and functions :

1.

Without prejudice to the provisions of sub-section(3) of Section 3, the Central Government may appoint officers with such designations as it thinks fit for the purpose of this Act and may entrust to them such of the powers and functions under the Act as it may deem fit.

2.

The officers appointed under sub-section(1) shall be subject to the general control and direction of the Central Government or , if so directed by that Government, also of the authority or authorities, if any, constituted under sub-section(3) of Section 3 or of any other authority or officer.

Section 5. Power to give directions :

Notwithstanding anything contained in any other law but subject to the provisions of this Act, the Central Government may, in the exercise of its powers and performance of its functions under this Act, 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.

Explanation – For the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct

a)

The closure, prohibition or regulation or any industry, operation or process.

or,
b)

Stoppage or regulation of the supply of electricity or water or any other service.

Section 6. Rules to regulate environmental pollution :
1.

The Central Government may, by notification in the Official Gazette, make rules in respect of all or any of the matters referred to in Section 3.

2.

In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following 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 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.

e.

The prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas.

f.

The procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents.


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