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THE ENVIRONMENT (PROTECTION) ACT, 1986 |
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What is the Act No. of the Environment (Protection) Act, 1986 is: |
29 of 1986 |
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The Environment (Protection) Act received assent on: |
23rd May 1986 |
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The main purpose of the Environment (Protection) Act, 1986 is: |
Protection and improvement of environment |
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The decisions leading to this Act were taken at which conference? |
United Nations Conference on the Human Environment, Stockholm |
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The Stockholm Conference mentioned in the Preamble was held in: |
June 1972 |
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Did India participate in the Stockholm Conference of 1972? |
Yes |
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The Preamble mentions prevention of hazards to: |
Human beings, other living creatures, plants, and property, Other living creatures, plants and property |
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Parliament enacted this Act in which year of the Republic of India? |
Thirty-seventh year |
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The phrase “matters connected therewith” refers to: |
Ancillary issues related to environmental protection |
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The Act was passed because it was considered: |
Necessary to implement Stockholm decisions |
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CHAPTER I |
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PRELIMINARY |
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Which provision of the Environmental Act of 1986 deals with “Short title”? |
Section 1 |
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What is the full short title of the Act as per Section 1? |
The Environment (Protection) Act, 1986. |
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According to Section 1, this Act extends to: |
The whole of India |
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The Act shall come into force on such date as: |
The Central Government may appoint by notification in the Official Gazette |
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Can different dates be appointed for different provisions of the Act? |
Yes |
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Can different dates be appointed for different areas under this Act? |
Yes |
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The commencement of this Act is notified through: |
A notification in the Official Gazette |
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The date of commencement notified for this Act is: |
19th November, 1986 |
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The commencement date was notified through which notification number? |
G.S.R. 1198(E) |
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The notification for commencement was issued on: |
12th November, 1986 |
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The commencement notification was published in which part of the Gazette of India? |
Part II, Section 3(i) |
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Which Provision deals with “definitions” under the Environment Protection Act? |
Section 2 |
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Which provision defines the term “Environment” in the Act? |
Section 2(a) |
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Under Section 2(a), the term “environment” includes? |
water, air and land and the inter-relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property; |
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The Term “Environmental Pollutant” is defined in which section of the Act? |
Section 2(b) |
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An “environmental pollutant” may be in which physical states according to Section 2(b)? |
Solid, liquid or gaseous |
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The term “environmental pollution” is defined in which section? |
Section 2(c) |
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Which phrase defines “environmental pollution” in Section 2(c)? |
Presence in the environment of any environmental pollutant |
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The term “Fund” is defined in which section of the Act? |
Section 2(ca) |
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The section (ca) which defines “fund” was added by which amendment? |
Ins. by Act 18 of 2023, s.2 |
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The Clause (ca) which defines the term “Fund” means? |
Environmental Protection Fund, established under s. 16 |
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Which clause defined the term “handling”? |
Clause 2 (d) |
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What activities expressly are listed under “handling”. |
Manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of such substance |
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In which provision is the term “Hazardous Substance” defined? |
Section 2(e) |
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A “hazardous substance” defined under section 2(e) means? |
means any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, causes harm to human beings, other living creatures, plants, micro-organism, property or the environment |
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In which provision is the term “Occupier” defined? |
Section 2 (f) |
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In relation to a factory or premises, who is an “occupier”? |
A person who has control over the affairs of the factory or the premises and in relation to possession of substance. |
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In which provision is the term “Prescribed” defined” |
Section 2(g) |
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What does the term “prescribed” mean in Section 2(g)? |
Prescribed by rules made under this Act |
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CHAPTER II |
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GENERAL POWERS OF THE CENTRAL GOVERNMENT |
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The “Power of Central Government to take measures to protect and improve environment” is defined in? |
Section 3 |
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Who has the power under Section 3(1) to take measures for protecting and improving the environment? |
The Central Government |
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The Central Government’s power under Section 3(1) is subject to what? |
The provisions of the Act |
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Section 3(1) empowers the Central Government to take measures it deems necessary or expedient for what purpose? |
Protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution. |
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Section 3(2) lists specific measures the Central Government may take in relation to what? |
Environmental protection and pollution control |
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Clause (i) of s. 3(2) deals with coordination of actions by whom? |
State Governments, officers and other authorities |
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Coordination under clause (i)(a) refers to actions under which sources? |
This Act or the rules made thereunder |
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Clause (i)(b) refers to coordination under any law in force relatable to what? |
The objects of this Act |
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Clause (ii) empowers planning and execution of what scale of programme? |
A nation-wide programme |
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The nation-wide programme under clause (ii) must focus on prevention, control and abatement of what? |
Environmental pollution |
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Clause (iii) empowers the Central Government to lay down standards for what? |
The quality of environment |
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Clause (iv) relates to standards for emission or discharge of what? |
Environmental pollutants |
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Clause (iv) states that standards may be laid down for emission or discharge from what sources? |
Various sources whatsoever |
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What does the proviso to clause (iv) allow regarding standards? |
Different standards for different sources |
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Under the proviso to clause (iv), different standards may be based on what factors? |
Quality or composition of emission or discharge |
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Clause (v) deals with restricting areas where industries, operations or processes shall not be carried out or carried out with what? |
Safeguards |
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Clause (v) empowers the Central Government to restrict what types of activity? |
Industries, operations or processes |
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Clause (vi) empowers laying down procedures and safeguards for prevention of what? |
Accidents causing environmental pollution |
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Clause (vi) also covers remedial measures for what events? |
Accidents causing environmental pollution |
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Clause (vii) empowers laying down procedures and safeguards for handling of what? |
Hazardous substances |
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Clause (viii) empowers examination of manufacturing processes, materials or substances likely to cause what? |
Environmental pollution |
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Clause (ix) empowers carrying out and sponsoring of what type of work? |
Investigations and research related to environmental pollution |
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Clause (x) empowers inspection of what kinds of locations and objects? |
Premises, plant, equipment, machinery, manufacturing or other processes, materials or substances |
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Under clause (x), directions may be given to whom? |
Authorities, officers or persons |
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Clause (xi) empowers establishment or recognition of what institutions? |
Environmental laboratories and institutes |
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Environmental laboratories and institutes under clause (xi) perform functions entrusted under what? |
This Act |
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Clause (xii) covers collection and dissemination of what? |
Information on matters relating to environmental pollution |
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Clause (xiii) refers to preparation of manuals, codes or guides relating to what? |
Prevention, control and abatement of environmental pollution |
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Clause (xiv) allows the Central Government to act on such other matters it deems necessary or expedient for what? |
Effective implementation of the Act |
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Authorities constituted under Section 3(3) may exercise and perform such powers and functions of whom? |
The Central Government |
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Authorities may also exercise the power to issue directions under which section? |
Section 5 |
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Authorities under Section 3(3) act subject to whose supervision and control? |
The Central Government |
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Authorities under Section 3(3) are empowered as if what? |
They were empowered by the Act to exercise those powers |
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The order constituting authorities may specify what? |
Name, powers, functions and matters assigned |
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What is the condition for the Central Government to constitute such authorities under Section 3(3)? |
If it considers it necessary or expedient for the purposes of the Act |
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The order under Section 3(3) must mention the powers, functions and measures that the authority may what? |
Exercise or perform |
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Authorities constituted under Section 3(3) take measures as if they were empowered under what? |
The Act itself |
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Section 3(3) allows constitution of authorities for the purpose of exercising powers and taking measures mentioned where? |
In the order published in the Official Gazette |
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The “Appointment of officers and their powers and functions” are provided in which section of the Act? |
Section 4 |
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Who may appoint officers under Section 4(1)? |
The Central Government |
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Who decides the designations of officers appointed under Section 4(1)? |
The Central Government |
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The Central Government may entrust appointed officers with what? |
Powers and functions under the Act |
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Officers appointed under Section 4 are meant to assist in what? |
Implementation of the Act |
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Section 4(2) places officers under whose general control? |
The Central Government |
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Section 4(2) may also place officers under whose direction? |
Authorities constituted under Section 3(3) |
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Officers may also be under the direction of which entities if so directed? |
Any other authority or officer |
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Section 4 strengthens which feature of environmental governance?
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Administrative and enforcement structure |
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Why may the Central Government appoint officers under Section 4? |
For effective implementation of the Act |
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Section 4 ensures what structural function? |
Creation of an enforcement mechanism for environmental protection |
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Which provision of the Act deals with the “Power to give directions”? |
Section 5 |
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What does Section 5 empower the Central Government to issue and to whom? |
Directions in writing to any person, officer, or authority |
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Are directions issued under Section 5 binding? |
Yes, they are mandatory to comply with |
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Are Section 5 directions subject to any law? |
They override all other laws but remain subject to the Environment Protection Act, 1986 |
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What is the purpose of issuing directions under Section 5? |
To exercise the Central Government’s powers and perform functions under the Act |
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What does clause (a) of the Explanation to Section 5 clarify? |
That the power includes closure, prohibition, or regulation of any industry, operation, or process |
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What does clause (b) of the Explanation allow? |
Stoppage or regulation of the supply of electricity, water, or any other service |
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Is the power under Section 5 discretionary? |
Yes, the Central Government may issue directions as it considers necessary |
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Is Section 5 applicable throughout India? |
Yes, it applies nationwide |
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The “Appeal to National Green Tribunal” in defined in which section of the Act? |
Section 5A |
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Which Act inserted Section 5A into the Environment Protection Act? |
National Green Tribunal Act, 2010 (Act 19 of 2010) |
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When did Section 5A come into effect? |
18th October 2010 |
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Who can file an appeal under Section 5A? |
Any person aggrieved by directions issued under Section 5 |
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When can an appeal under Section 5A be filed? |
On or after the commencement of the National Green Tribunal Act, 2010 |
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Which section of the National Green Tribunal Act, 2010, establishes the NGT? |
Section 3 |
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In accordance with what provisions is the appeal to the NGT filed? |
In accordance with the provisions of the National Green Tribunal Act, 2010 |
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Can a person aggrieved before 18th October 2010 file an appeal under Section 5A? |
No, only on or after the commencement of the NGT Act |
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Is the appeal under Section 5A independent or subject to NGT Act provisions? |
Subject to the NGT Act provisions |
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Does Section 5A mention any time limit for filing appeals? |
No, the time limit is as per NGT Act provisions |
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Is Section 5A applicable nationwide? |
Yes, throughout India |
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Which schedule of the NGT Act mentions the insertion of Section 5A? |
Schedule III |
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Which Section deals with the “Rules to regulate environmental pollution” in Act? |
Section 6 |
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The section 6 deals with which provision? |
Rules to regulate environmental pollution |
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What does Section 6 empower the Central Government to do? |
Make rules to regulate environmental pollution |
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How are rules under Section 6 made? |
By notification in the Official Gazette |
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Under Section 6, rules can be made in respect of which matters? |
All or any of the matters referred to in Section 3 |
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What is the significance of “In particular, and without prejudice to the generality” in Section 6(2)? |
It lists illustrative matters but does not limit the general rule-making power |
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Under clause (a), what can rules provide regarding air, water, or soil? |
Standards of quality for various areas and purposes |
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Under clause (b), what can rules provide regarding environmental pollutants? |
Maximum allowable limits of concentration, including noise, for different areas |
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What is included under clause (c) of Section 6(2)? |
Procedures and safeguards for handling hazardous substances |
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What is addressed under clause (d) of Section 6(2)? |
Prohibition and restrictions on handling hazardous substances in different areas |
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Under clause (e), what can rules regulate? |
Prohibition and restrictions on location of industries and carrying on processes or operations in different areas |
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What does clause (f) of Section 6(2) provide for? |
Procedures and safeguards for prevention of accidents causing environmental pollution and remedial measures |
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Do rules under Section 6 apply uniformly across India? |
Yes, unless specified for particular areas |
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Are rules under Section 6 mandatory for compliance? |
Yes, once notified in the Official Gazette |
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Can rules under Section 6 include remedial measures after accidents? |
Yes, clause (f) covers remedial measures |
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Can the Central Government modify or amend existing rules under Section 6? |
Yes, by issuing new notifications in the Official Gazette |
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Does Section 6 provide the Central Government legislative power to implement Section 3? |
Yes, it enables operationalisation of Section 3 powers |
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CHAPTER III |
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PREVENTION, CONTROL AND ABATEMENT OF ENVIRONMENTAL POLLUTION |
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Which provision of the Environment Act deals with the “Persons carrying on industry, operation, etc., not to allow emission or discharge of environmental pollutants in excess of the standards”? |
Section 7 |
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What is the main obligation under Section 7? |
No person carrying on any industry, operation, or process shall discharge or emit environmental pollutants in excess of prescribed standards |
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Who is covered under Section 7? |
Any person carrying on an industry, operation, or process |
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What must persons carrying on industry or operations not exceed? |
The prescribed standards for environmental pollutants |
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What happens if a person allows discharge of pollutants above prescribed standards? |
It would be a violation of Section 7 |
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Does Section 7 cover all types of environmental pollutants? |
Yes, all pollutants as prescribed |
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Which section deals with “Persons handling hazardous substances to comply with procedural safeguards” in the Environment Act? |
Section 8 |
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What is the main obligation under Section 8? |
No person shall handle any hazardous substance except in accordance with prescribed procedures and safeguards |
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Who is covered under Section 8? |
Any person handling hazardous substances |
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Can a person handle hazardous substances without following safeguards? |
No, it is prohibited |
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Are the procedural safeguards mandatory under Section 8? |
Yes, they must be strictly followed |
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Does Section 8 apply to all types of hazardous substances? |
Yes, all hazardous substances as prescribed |
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Is the responsibility under Section 8 personal or can it be delegated? |
Ultimate responsibility remains with the person handling the substance |
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Which section of the Environment Act deal with “Furnishing of information to authorities and agencies in certain cases”? |
Section 9 |
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What is the main obligation under Section 9(1)? |
To prevent or mitigate environmental pollution and furnish information to authorities in certain cases |
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When must information be furnished under Section 9? |
When discharge of any environmental pollutant in excess of prescribed standards occurs or is apprehended due to an accident or unforeseen event |
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Who is responsible for furnishing information under Section 9? |
The person responsible for the discharge and the person in charge of the place where discharge occurs or is apprehended |
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What two immediate actions must be taken by the responsible person under Section 9(1)? |
(a) Intimate the occurrence or apprehension, (b) Render assistance if called upon |
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To whom must the information be furnished under Section 9(1)? |
Authorities or agencies as may be prescribed |
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What is the purpose of furnishing information under Section 9? |
To enable authorities to take remedial measures and prevent or mitigate pollution |
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Does Section 9(1) apply to only actual discharge or also apprehended discharge? |
Both actual and apprehended discharge |
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What role do authorities or agencies play under Section 9(2)? |
Cause remedial measures to be taken as early as practicable |
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When should authorities act upon receiving information under Section 9(2)? |
As early as practicable |
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What is the goal of remedial measures under Section 9(2)? |
To prevent or mitigate environmental pollution |
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Who bears the expenses of remedial measures under Section 9(3)? |
The person responsible for the discharge |
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How can authorities recover expenses incurred for remedial measures under Section 9(3)? |
As arrears of land revenue or public demand |
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Can interest be added to expenses recovered under Section 9(3)? |
Yes, at a reasonable rate fixed by the Government |
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From when is interest calculated on expenses under Section 9(3)? |
From the date when a demand for the expenses is made until it is paid |
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Does Section 9 impose legal liability for failure to furnish information? |
Yes, responsible persons must furnish information and assist authorities |
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Are accidents included under Section 9 even if they are unforeseen? |
Yes, unforeseen acts or events are explicitly included |
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Does Section 9(1) apply only to industries? |
No, it applies to any place or person where discharge occurs or is apprehended |
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What happens if the responsible person does not assist authorities under Section 9? |
It constitutes non-compliance under the Act |
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Does Section 9 require immediate action? |
Yes, information must be furnished forthwith |
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Can remedial measures be preventive under Section 9(2)? |
Yes, authorities may take measures to prevent pollution |
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Are both private and public persons covered under Section 9? |
Yes, any responsible person is covered |
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Who prescribes the authorities or agencies under Section 9? |
The Central Government |
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Does Section 9 include both environmental and human safety considerations? |
Yes, remedial measures aim to mitigate pollution effects |
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Can Section 9 be invoked in case of imminent discharge? |
Yes, apprehended discharge is included |
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Does Section 9 allow authorities to recover costs from the person responsible? |
Yes, including expenses and interest |
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Does Section 9 cover all types of environmental pollutants? |
Yes, all pollutants in excess of prescribed standards |
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Does furnishing of information under Section 9 relieve the person of liability? |
No, furnishing information does not absolve responsibility |
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Can authorities under Section 9 take independent action apart from the responsible person? |
Yes, they must take remedial measures as early as practicable |
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What is the key principle established by Section 9?
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Responsibility to report, assist, and bear costs to mitigate environmental pollution |
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Does Section 9 require documentation of the discharge event? |
Indirectly, through furnishing information and rendering assistance |
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The “Powers of entry and inspection” is provided in which section of the Environment Protection Act of 1986? |
Section 10 |
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What does Section 10 deals with? |
Powers of entry and inspection |
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Who can exercise powers of entry and inspection under Section 10(1)? |
Any person empowered by the Central Government |
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When can entry and inspection be carried out? |
At all reasonable times |
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Can the empowered person take assistance while performing inspection? |
Yes, with such assistance as considered necessary |
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For what purpose can entry be made under Section 10(1)(a)? |
Performing any of the functions of the Central Government entrusted to him |
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For what purpose can entry be made under Section 10(1)(b)? |
Determining whether any functions are to be performed or whether provisions of the Act, rules, notices, orders, directions, or authorizations are being complied with |
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For what purpose can entry be made under Section 10(1)(c)? |
Examining and testing equipment, industrial plant, records, documents, or any material object, or conducting a search for potential offences |
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Can equipment or documents be seized under Section 10(1)(c)? |
Yes, if believed to furnish evidence of an offence or to prevent/mitigate environmental pollution |
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Does Section 10 cover both ongoing and potential offences? |
Yes, it covers offences that have been, are being, or are about to be committed |
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Who must render assistance to the empowered person under Section 10(2)? |
Every person carrying on any industry, operation, or process or handling hazardous substances |
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What happens if assistance is not rendered without reasonable cause under Section 10(2)? |
The person shall be liable to penalty under Section 14B |
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What is the consequence of willfully delaying or obstructing inspection under Section 10(3)? |
Liability to penalty under Section 14B |
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Does Section 10 include the power to search buildings? |
Yes, if there is reason to believe an offence is being committed |
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Are both industrial and non-industrial places covered under Section 10? |
Yes, any place relevant to the inspection purpose |
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Do provisions of the CrPC apply to searches and seizures under Section 10(4)? |
Yes, as far as may be, similar to searches under a warrant issued under Section 94 CrPC |
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Can Section 10 inspection be used to prevent environmental pollution? |
Yes, seizure and inspection can be carried out to prevent or mitigate pollution |
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Does Section 10 empower examination of records and registers? |
Yes, all relevant records, registers, documents, and material objects |
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Can hazardous substances be specifically inspected under Section 10? |
Yes, persons handling hazardous substances must render assistance |
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Does the empowered person need a warrant for inspection under Section 10? |
Not necessarily, but CrPC provisions apply where applicable |
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What types of objects can be seized under Section 10? |
Equipment, industrial plant, records, registers, documents, or other material objects |
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Are inspections under Section 10 limited to actual pollution occurrences? |
No, inspections can also be preventive |
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Can Section 10 apply to accidental or potential environmental hazards? |
Yes, inspections can be done if there is reason to believe pollution may occur |
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Is refusal to cooperate with inspection considered an offence under Section 10? |
Yes, non-cooperation or obstruction leads to penalties under Section 14B |
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Does Section 10 empower the Central Government to appoint multiple inspectors? |
Yes, any person empowered by the Central Government can perform these functions |
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Does Section 10 cover compliance with notices and orders under the Act? |
Yes, it includes determining compliance with all provisions, rules, notices, orders, directions, or authorizations |
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Can Section 10 inspection involve testing industrial processes? |
Yes, examination and testing of processes is explicitly included |
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What is the primary purpose of Section 10 inspections? |
Ensure compliance with the Act and prevent or mitigate environmental pollution |
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Does Section 10 allow seizure to secure evidence of an offence? |
Yes, seizure is allowed if evidence may be obtained |
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Can Section 10 inspections extend to private property? |
Yes, if there is reason to believe an offence has occurred or may occur |
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Are penalties under Section 10 linked to Section 14B? |
Yes, failure to assist or obstruction invokes Section 14B penalties |
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What is the key principle established by Section 10? |
Empowered persons have the right to enter, inspect, examine, and seize to enforce the Act and prevent/mitigate pollution |
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“Power to take samples and procedure” is given under which section? |
Section 11 |
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What does Section 11 deal with? |
Power to take samples and procedure to be followed |
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Who is empowered to take samples under Section 11? |
An officer empowered by the Central Government. |
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What is the purpose of sample collection? |
Analysis of environmental pollutants. |
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From where can samples be taken under Section 11(1)? |
Any industry, operation, process, or premises. |
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What does Section 11(2) deal with? |
Admissibility of analysis reports in evidence. |
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Is the result of any analysis of a sample taken under sub-section 1 of the section 11 is admissible? |
No, not unless conditions are fulfilled, Compliance with Section 11(3) and Section 11(4) is mandatory |
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What does section 11(3) deals with? |
Procedure when Occupier Is Present |
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What is the first requirement under Section 11(3)? |
Serving notice to the occupier or agent. |
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When must notice be served? |
Then and there, before taking the sample. |
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In what form must notice be given? |
In the prescribed form. |
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In whose presence must the sample be taken? |
In the presence of the occupier or his agent. |
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What must be done after collecting the sample? |
Place it in marked and sealed containers. |
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Who must sign the containers? |
Both the sampling officer and the occupier/agent. |
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Why are signatures required? |
To authenticate and prevent tampering. |
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Where must sealed samples be sent? |
To a laboratory established by the central government under section 12 |
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How soon must samples be sent? |
Without delay. |
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Why must samples be sealed? |
To maintain chain of custody. |
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What is the purpose of notice under Section 11(3)(a)? |
To ensure transparency in sampling. |
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Is the presence of occupier mandatory? |
Yes, unless covered under Section 11(4). |
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What does Section 11(3) ensure? |
Legality, fairness, and admissibility of sample analysis |
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Which provision of the Act deals with the “When Occupier Absent Or Refuses To Sign”? |
Section 11(4) |
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What does Section 11(4) deal with? |
Sampling when occupier is absent or refuses to sign. |
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What if the occupier wilfully absents himself? |
Officer may take sample and sign alone. |
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What must officer do if occupier is absent? |
Mark, seal, sign the container and record wilful absence. |
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What if the occupier refuses to sign the container? |
Officer must sign the container and note refusal. |
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Does refusal affect sample validity? |
No, if refusal is properly recorded. |
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Where must such samples be sent? |
To a laboratory recognised under Section 12. |
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Must these samples also be sent without delay? |
Yes. |
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Whom must the officer inform in writing? |
The Government Analyst under Section 13. |
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Why must Government Analyst be informed? |
To record absence or refusal officially. |
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Is sampling valid even without occupier's signature? |
Yes, under 11(4). |
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Does 11(4) protect against deliberate obstruction? |
Yes, it prevents occupier from frustrating evidence. |
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Why is 11(4) necessary? |
To ensure evidence collection despite non-cooperation. |
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The “Establishment & Recognition of Laboratories” is given in which section of the Act? |
Section 12 |
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The Section 12 of the Act deals with what? |
Environmental laboratories. |
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Which authority is empowered under Section 12 to establish laboratories? |
The Central Government. |
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How must the Central Government exercise its power under Section 12? |
By notification in the Official Gazette. |
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How many Laboratories can the Central Government establish under Section 12(1)(a)? |
One or more environmental laboratories. |
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The laboratories are recognised under Section 12 (1) sub-clause to? |
Carry out functions entrusted under the Act. |
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Does Section 12 allow multiple laboratories? |
Yes, it allows one or more. |
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What purpose do environmental laboratories serve? |
Analysis and testing of environmental samples. |
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Who entrusts functions to the environmental laboratories? |
The Central Government. |
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The Rule-Making for Lab Functions are specified in which section? |
Section 12 (2) |
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What does Section 12(2) empower? |
Making rules for environmental laboratories. |
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Who makes rules under Section 12(2)? |
The Central Government. |
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Through what instrument are rules made under Section 12? |
Notification in the Official Gazette. |
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What may rules specify under Section 12(2)(a)? |
The functions of environmental laboratories. |
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What may rules specify under Section 12(2)(b)? |
Procedure for submission of samples for analysis. |
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What kinds of samples may be submitted under Section 12(2)(b)? |
Air, water, soil, or other substances. |
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What must rules specify regarding reports? |
Form of the laboratory report. |
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What else must rules specify under Section 12(2)(b)? |
Fees payable for laboratory reports. |
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Why is the procedure for sample submission prescribed? |
To standardise testing and ensure legal validity. |
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What may be additionally prescribed under Section 12(2)(c)? |
Any other necessary or expedient matters. |
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Why are 'other matters' included in Section 12(2)(c)? |
To enable laboratories to effectively carry out functions. |
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Does Section 12(2) allow the government to expand lab functions? |
Yes, through rules. |
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Is rule-making under Section 12(2) mandatory? |
No, it is enabling. |
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Do rules under Section 12(2) need Gazette notification? |
Yes, mandatory. |
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Does Section 12(2) relate to administrative or penal provisions? |
Administrative and procedural. |
|
Why is Section 12 important for Section 11 samples? |
Labs established/recognised under Section 12 receive Section 11 samples. |
|
The “Government Analysts” is provided in which section of the Act? |
Section 13 |
|
Who may appoint Government Analysts under Section 13? |
The Central Government. |
|
How must the Central Government appoint Government Analysts? |
By notification in the Official Gazette. |
|
On what basis are Government Analysts appointed? |
As the Central Government thinks fit having the prescribed qualifications |
|
Who prescribes the qualifications for Government Analysts? |
The Central Government through rules. |
|
For what purpose are Government Analysts appointed? |
For analysis of environmental samples. |
|
What types of samples do Government Analysts analyses? |
Air, water, soil, or other substances. |
|
Where the samples are sent that Government Analysts analyses? |
To environmental laboratories under Section 12. |
|
Does Section 13 allow appointment of multiple Government Analysts? |
Yes, as the Government thinks fit. |
|
Government Analysts help ensure what aspect of environmental enforcement? |
Scientific and admissible sample analysis. |
|
Why are prescribed qualifications required? |
To ensure accuracy and reliability of analysis. |
|
Section 13 is primarily administrative or penal? |
Administrative. |
|
The “Reports of the Government Analysis” is provided in which section of the Act? |
Section 14 |
|
A report signed by whom may be used as evidence under section 14? |
A Government Analyst |
|
The report of a Government Analyst may be used as evidence in which proceedings? |
Any proceeding under the Act |
|
Section 14 deals primarily with what? |
Admissibility of Government Analyst reports |
|
What is the evidentiary value of a Government Analyst’s report? |
It is evidence of the facts stated therein |
|
Does Section 14 require oral testimony of the Analyst for the report to be admissible? |
No |
|
What does “purporting to be a report” imply? |
The document appears to be issued and signed by a Government Analyst |
|
What is NOT required for admissibility of the report? |
Additional authentication or corroboration |
|
What does Section 14 facilitate in legal proceedings? |
Use of scientific analysis as evidence |
|
“Penalty for contravention of section 7 or section 8” is given in which section of the Act? |
Section 14A |
|
Section 14A was inserted by which Act? |
Act 18 of 2023 |
|
Section 14A came into force from which date? |
1 April 2024 |
|
What is the minimum penalty under Section 14A(1)? |
One lakh rupees |
|
What is the maximum penalty under Section 14A(1)? |
Fifteen lakh rupees |
|
Penalty is imposed in respect of what? |
Each such contravention |
|
Does Section 14A prescribe imprisonment? |
No, only monetary penalty |
|
Under Section 14A(2), what happens if the person continues the contravention? |
He shall be liable to further penalty, for 50,000 Rupees every day |
|
What type of continuation is referred to in Section 14A(2)? |
Continuing contravention |
|
“Penalty for contravention of sections 9, 10 and 11” is given in which section of the Act? |
Section 14B |
|
What is the minimum penalty under Section 14B(1)? |
Ten thousand rupees |
|
What is the maximum penalty under Section 14B(1)? |
Five lakh rupees |
|
Penalty under Section 14B(1) is imposed for what? |
Each such contravention |
|
Does Section 14B deal with monetary penalty or imprisonment? |
Monetary penalty |
|
Does Section 14B cover non-compliance with directions under sections 9–11? |
Yes |
|
What happens if the contravention continues under Section 14B(2)? |
Additional penalty applies of 10,000 rupees for every day |
|
Section 14B(2) applies in what situation? |
Continuing contravention |
|
The Penalty for contravention of provisions of Act, rules, orders and directions is given in which Act? |
Section 15 |
|
What is the minimum penalty under Section 15(1)? |
Ten thousand rupees |
|
What is the maximum penalty under Section 15(1)? |
Fifteen lakh rupees |
|
Penalty under Section 15(1) is imposed for what? |
Each such contravention |
|
Who is liable under Section 15? |
Any person who contravenes or does not comply with the Act, rules, orders, or directions |
|
What happens if the contravention continues under Section 15(2)? |
Additional penalty applies |
|
What is the amount of additional daily penalty under Section 15(2)? |
Ten thousand rupees per day |
|
Section 15(2) applies in what situation? |
Continuing contravention |
|
Is the penalty under Section 15 monetary or imprisonment? |
Monetary penalty only |
|
Can the daily penalty under Section 15 exceed the initial maximum penalty? |
Yes, additional penalty accumulates daily |
|
Does Section 15 cover violations for which specific penalties are already provided? |
No, only for violations with no specific penalty |
|
The Penalty for contravention by companies is given under which section of the Companies Act? |
Section 15A |
|
What is the minimum penalty for a company that contravenes any provision of the Act under Section 15A(1)? |
Not less than one lakh rupees. |
|
What is the maximum penalty that may be imposed on a company for a single contravention under Section 15A(1)? |
Up to fifteen lakh rupees. |
|
What happens if a company continues the contravention after the first penalty under Section 15A? |
It becomes liable to an additional penalty. |
|
What is the amount of additional penalty for continuing contravention under Section 15A(2)? |
One lakh rupees for every day the contravention continues. |
|
Is there any upper limit on the additional penalty for continuing contravention under Section 15A(2)? |
No, it continues accumulating daily until the contravention stops. |
|
Who is liable under Section 15A — the company or its officers? |
The company as a legal entity is liable under Section 15A. |
|
The Penalty for contravention by Government Department is given in which section of the Act? |
Section 15B |
|
Who is liable to penalty when a Government Department contravenes the Act under Section 15B(1)? |
The Head of the Department or Department of CG AND SG. |
|
What is the penalty imposed on the Head of the Department for contravention under Section 15B(1)? |
Penalty equal to one month of his basic salary. |
|
Can the Head of the Department escape liability under Section 15B(1)? |
Yes, if he proves lack of knowledge or that he exercised all due diligence. |
|
Does Section 15B apply to both Central and State Government departments? |
Yes, it applies to both. |
|
When is an officer other than the Head of Department liable under Section 15B(2)? |
When the contravention is attributable to his neglect. |
|
Does Section 15B differentiate between levels of officers? |
Yes, it separately addresses the Head of Department and other officers. |
|
Is intention required for liability under Section 15B? |
No, negligence or failure to prevent contravention is sufficient. |
|
“Adjudicating Officer” is mentioned in which section? |
Section 15C |
|
Who appoints the adjudicating officer under Section 15C(1)? |
The Central Government |
|
What is the minimum rank required to be appointed as an adjudicating officer? |
Joint Secretary to the Government of India or Secretary to the State Government |
|
What is the purpose of appointing an adjudicating officer under this Act? |
Determining penalties under the Act |
|
Can the Central Government appoint more than one adjudicating officer? |
Yes, as many as required |
|
What power does the adjudicating officer have under Section 15C(2)(a)? |
Call upon any person alleged to have contravened or not complied with the Act |
|
What power does the adjudicating officer have under Section 15C(2)(b)? |
Require any person to produce records, registers, or other relevant documents |
|
What is the requirement before imposing a penalty under Section 15C(3)? |
Give the person a reasonable opportunity of being heard |
|
Which sections’ penalties can an adjudicating officer impose under Section 15C(3)? |
Sections 14A, 14B, 15, 15A, or 15B |
|
What factors must the adjudicating officer consider while deciding the quantum of penalty under Section 15C(4)(a)? |
Population and area impacted or affected |
|
What factor is mentioned in Section 15C(4)(b) for penalty consideration? |
Frequency and duration of contravention or non-compliance |
|
Section 15C(4)(c) requires consideration of what regarding affected persons? |
Vulnerability of the class of persons likely to be adversely affected |
|
What does Section 15C(4)(d) instruct the officer to consider? |
Damage caused or likely to be caused to any person |
|
What is considered under Section 15C(4)(e)? |
Undue gain derived out of the contravention or non-compliance |
|
Section 15C(4)(f) allows consideration of what? |
Any other factor as may be prescribed |
|
Is the penalty imposed by the adjudicating officer under Section 15C in addition to liability for relief or compensation? |
Yes |
|
Under which Act is the additional liability for relief or compensation mentioned in Section 15C(5)? |
National Green Tribunal Act, 2010 |
|
Can the adjudicating officer impose penalties even if the person is also liable for relief or compensation? |
Yes |
|
Does Section 15C specify the procedure for holding an inquiry? |
Yes, as may be prescribed |
|
The “Appeal” is defined in which section of the Act? |
Section 15D |
|
Who can file an appeal under Section-15D(1)? |
Any person aggrieved by the order of the adjudicating officer |
|
To which body is an appeal filed under Section 15D(1)? |
The National Green Tribunal (NGT) |
|
Under which Act is the NGT established? |
National Green Tribunal Act, 2010 |
|
Under which section of the NGT Act is the Tribunal established? |
Section 3 |
|
What is the time limit for filing an appeal under Section 15D(2)? |
Within 60 days |
|
From which date does the 60-day appeal period start? |
From the date the aggrieved person receives a copy of the order |
|
Can the Tribunal hear the parties before deciding the appeal? |
Yes, the Tribunal must give an opportunity of being heard |
|
What orders can the Tribunal pass under Section 15D(3)? |
Confirm, modify, or set aside the order |
|
What percentage of penalty must be deposited before the appeal is entertained? |
10% |
|
The 10% deposit under Section 15D(4) must be deposited with whom? |
With the Tribunal |
|
What is the condition for the Tribunal to entertain an appeal? |
Deposit of 10% of the penalty imposed |
|
Is depositing 10% of the penalty mandatory for filing an appeal? |
Mandatory for the appeal to be entertained |
|
Does Section 15D specify the format for filing the appeal? |
No |
|
Does the Tribunal have discretion in deciding the appeal? |
Yes, it may pass any order it thinks fit |
|
Can the Tribunal completely set aside the adjudicating officer’s order? |
Yes |
|
“Penalty amount to be credited to the Environmental Protection Fund”, which provision of the Act deals with above? |
Section 15E |
|
What does Section 15E deal with? |
Penalty amount to be credited to the Environmental Protection Fund. |
|
Penalty under which sections is covered under Section 15E? |
Sections 14A, 14B, 15, 15A, and 15B. |
|
Where must the penalty amount imposed under Section 15E be credited? |
To the Environmental Protection Fund. |
|
Under which section is the Environmental Protection Fund established? |
Section 16. |
|
Does Section 15E include both penalty and additional penalty? |
Yes, it includes both penalty and additional penalty. |
|
Who imposes the penalties referred to in Section 15E? |
The penalties are imposed under Sections 14A, 14B, 15, 15A, or 15B of the Act. |
|
What is the primary purpose of Section 15E? |
To ensure that penalty amounts contribute to environmental protection efforts through the Fund. |
|
Is the crediting of penalty to the Environmental Protection Fund optional under Section 15E? |
No, it is mandatory. |
|
Which fund receives the penalty amounts under Section 15E? |
Environmental Protection Fund. |
|
Section 15E requires that penalties imposed under which categories be credited to the Fund? |
Any penalty or additional penalty imposed under the specified sections. |
|
“Offence for failure to pay penalty or additional penalty” is given in which section of the Act? |
Section 15F |
|
What does section 15F deals with? |
Offence for failure to pay penalty or additional penalty |
|
What is the time limit for paying penalties before Section 15F applies? |
Ninety days from the date of imposition. |
|
What is the maximum imprisonment under Section 15F(1)? |
Imprisonment up to three years. |
|
What is the maximum fine under Section 15F(1)? |
Fine up to twice the amount of the penalty. |
|
Can both imprisonment and fine be imposed under Section 15F(1)? |
Yes, both can be imposed. |
|
When the offender is a company, who is deemed guilty under Section 15F(2)? |
The company and persons responsible for its business. |
|
What defence is available to persons in charge under Section 15F(2)? |
They can prove lack of knowledge or due diligence. |
|
Which officers are liable under Section 15F(3) for consent, connivance or neglect? |
Director, manager, secretary or other officers. |
|
Does Section 15F require proof of involvement for liability under sub-section (3)? |
Yes, proof of consent, connivance or neglect is required. |
|
What does “company” include under Section 15F explanation? |
Body corporate, firm, trust, society or association of individuals. |
|
What does “director” include under Section 15F explanation? |
Director, partner, member of society, trust or association. |
|
Is Section 15F a penal provision for non-payment of penalties? |
Yes, it criminalizes failure to pay penalties within 90 days. |
|
Does liability under Section 15F arise automatically after 90 days? |
Yes, automatically after 90 days of non-payment. |
|
Can a company be prosecuted under Section 15F(1)? |
Yes, the company itself is liable. |
|
Can individuals avoid liability under Section 15F(2)? |
Yes, if they prove lack of knowledge or due diligence. |
|
Are officers responsible for neglect liable even if not “in charge”? |
Yes, neglect alone creates liability under Section 15F(3). |
|
Is Section 15F only for pollution offences? |
No, it specifically penalizes non-payment of penalties. |
|
Can action under Section 15F be taken along with recovery of original penalty? |
Yes, prosecution does not remove liability to pay the penalty. |
|
|
|
|
CHAPTER IIIA |
|
|
FUND, ACCOUNTS AND AUDIT |
|
|
When was Chapter IIIA inserted into the Environment Protection Act, 1986? |
The chapter was inserted by Act 18 of 2023. |
|
Which Act introduced Chapter IIIA into the Environment Protection Act? |
Act 18 of 2023 introduced Chapter IIIA. |
|
From which date did the insertion of Chapter IIIA come into force? |
It came into force on 1 April 2024. |
|
Which provision deals with the “Environmental Protection Fund” in the Environment Act? |
Section 16 |
|
What is the name of the fund established under Section 16? |
The fund is called the Environmental Protection Fund. |
|
Who may establish the Environmental Protection Fund? |
The Central Government may establish it. |
|
How is the Environmental Protection Fund established? |
It is established by a notification in the Official Gazette. |
|
Which penalties are credited to the Environmental Protection Fund? |
1. Penalties imposed under the Air Act, 1981 and the Environment Protection Act, 1986. 2. Interest or other income from investments made from the Fund. Any other amount from sources as may be prescribed. |
|
For what purpose is the Fund applied regarding environmental protection Fund? |
1. It is applied for the promotion of awareness, education and research. 2. The expenses for achieving the objects and for purposes of the Air (Prevention and Control of Pollution) Act, 1981(14 of 1981) and under this Act. for such other purposes as may be prescribed. |
|
Who administers the Environmental Protection Fund? |
An administrator notified by the Central Government. |
|
What will the Central Government notify regarding the administration of the Fund? |
The administrator and other connected or incidental matters. |
|
How much of the penalties credited to the Fund must be allocated to State Governments or Union Territories? |
Seventy-five per cent of the penalties must be allocated. |
|
Which government bears responsibility for allocation of the 75% penalty amount to state government or union territories administrators? |
The Central Government. |
|
Does the Fund support research activities related to environmental protection? |
Yes, research is one of its key purposes. |
|
Does Section 16 require prescription of additional procedures for fund administration? |
Yes, matters connected or incidental to fund administration may be prescribed. |
|
Accounts and audit of the Environmental Protection Fund is given in which section of the Act? |
Section 16A |
|
Who must maintain separate accounts for the Environmental Protection Fund? |
The Central Government must maintain separate accounts. |
|
What types of records must the Central Government maintain under Section 16A? |
Separate accounts and other relevant records relating to the Environmental Protection Fund. |
|
Is the Central Government required to prepare an annual statement of accounts for the Fund? |
Yes, it must prepare an annual statement of accounts. |
|
In what form must the annual statement of accounts be prepared? |
It must be prepared in such form as may be prescribed. |
|
Who must be consulted for prescribing the form of annual statement of accounts? |
The Comptroller and Auditor-General of India must be consulted. |
|
Why is the consultation with the CAG required for the accounts statement? |
To ensure accuracy, transparency, and compliance with audit standards. |
|
Does Section 16A require the accounts to be separate from other government accounts? |
Yes, separate accounts must be maintained. |
|
Who is responsible for ensuring the accuracy of the Environmental Protection Fund’s accounts? |
The Central Government, in consultation with the CAG. |
|
Who audits the accounts of the Environmental Protection Fund? |
The Comptroller and Auditor-General of India. |
|
Who specifies the intervals for auditing the Fund? |
The Comptroller and Auditor-General of India specifies the intervals. |
|
To whom are the audited accounts submitted annually? |
They are submitted to the Central Government. |
|
Which two documents must be forwarded annually to the Central Government? |
The audited accounts and the audit report. |
|
How often must the audited accounts be forwarded to the Central Government? |
They must be forwarded annually. |
|
What is audited under Section 16A(2)? |
The accounts of the Environmental Protection Fund. |
|
Who receives the audit findings? |
The Central Government. |
|
What must be done with the audit report after the audit? |
It must be forwarded annually to the Central Government. |
|
Who sets the frequency of the Fund’s audit? |
The Comptroller and Auditor-General of India. |
|
What is the mandatory reporting requirement under Section 16A(2)? |
Forwarding audited accounts and audit report annually to the Central Government. |
|
Who decides when audits should take place? |
The Comptroller and Auditor-General of India. |
|
What must accompany the audited accounts when sent to the Central Government? |
The audit report. |
|
What does Section 16A(2) ensure regarding transparency? |
It ensures annual submission of audited accounts and audit report. |
|
Who conducts the audit of the Fund? |
The Comptroller and Auditor-General of India. |
|
The provision Annual Report is given under which section? |
Section 16B |
|
Who prepares the annual report for the Environmental Protection Fund? |
The Central Government. |
|
What must the Central Government prepare annually under Section 16B? |
An annual report relating to the Environmental Protection Fund. |
|
What must the annual report contain? |
A full account of the activities defined under the Act. |
|
For which period should the annual report be prepared? |
For each financial year during the previous financial year. |
|
Where must the annual report be placed after preparation? |
Before each House of Parliament. |
|
Which document must accompany the annual report when laid before Parliament? |
The audit report of the Comptroller and Auditor-General of India. |
|
Who provides the audit report that accompanies the annual report? |
The Comptroller and Auditor-General of India. |
|
|
|
|
CHAPTER IV |
|
|
MISCELLANEOUS |
|
|
“Protection of action taken in good faith” is provided in which section of the Act? |
Section 18 |
|
Who is protected under Section 18 from legal proceedings? |
The Government, officers, employees, and authorities constituted under this Act. |
|
What types of legal actions are barred under Section 18? |
Suits, prosecutions, or other legal proceedings. |
|
Under what condition are the actions protected from legal proceedings? |
If the actions are done or intended to be done in good faith. |
|
What does “good faith” refer to in Section 18? |
Actions performed honestly in pursuance of this Act, rules, orders, or directions. |
|
What is the main purpose of Section 18? |
To provide legal immunity for actions taken in good faith under the Act. |
|
Which provision deals with the “Cognizance of offences”? |
Section 19 |
|
Who can file a complaint for a court to take cognizance of an offence under this Act? |
The Central Government, any authorised authority or officer, adjudicating officer or any officer authorised by him, or a person giving prescribed notice. |
|
Can a court take cognizance of an offence under this Act on its own? |
No, cognizance can only be taken on a complaint as specified in Section 19. |
|
Which government authority can file a complaint under Section 19(a)? |
The Central Government. |
|
What is the requirement for a person (not government/authority) to file a complaint? |
They must give notice of not less than sixty days in the prescribed manner. |
|
What must the notice from a person include? |
The alleged offence and their intention to make a complaint. |
|
Who authorises officers to file complaints on behalf of the Central Government? |
The Central Government itself. |
|
What is the main purpose of Section 19? |
To regulate who can initiate legal proceedings for offences under the Act. |
|
Which provision of the act deals with “Information, reports or returns”? |
Section 20 |
|
Who can require information, reports or returns under Section 20? |
The Central Government. |
|
Under Section 20, in relation to what does the Central Government require information? |
In relation to its functions under this Act. |
|
Who may be asked to furnish reports or returns under this section? |
Any person, officer, State Government, or other authority. |
|
To whom must the information, reports, or returns be furnished? |
To the Central Government or any prescribed authority or officer. |
|
What types of information can be required under Section 20? |
Reports, returns, statistics, accounts, and other information. |
|
Are the recipients of such requests bound to comply? |
Yes, they are bound to furnish the information. |
|
Is furnishing information under Section 20 mandatory? |
Yes, it is mandatory. |
|
What is the main purpose of Section 20? |
To enable the Central Government to collect information necessary for performing its functions under the Act. |
|
The “Members, officers and employees of the authority constituted under section 3 to be public servants” is given under which provision of the Act? |
Section 21 |
|
Who are deemed to be public servants under Section 21? |
All members of the authority constituted under section 3, and all officers and employees of such authority. |
|
Under what condition are these members, officers, and employees considered public servants? |
When acting or purporting to act in pursuance of any provisions of this Act, the rules made, or orders or directions issued thereunder. |
|
Which section of the Indian Penal Code defines “public servant” referred to in Section 21? |
Section 21 of the Indian Penal Code, 1860. |
|
Does Section 21 apply to all authorities constituted under the Act? |
Yes, it applies to any authority constituted under Section 3. |
|
Are private employees of the authority deemed public servants under this section? |
Only if they are acting in pursuance of the Act, rules, or directions; otherwise, no. |
|
Which provision of the act does “Bar of jurisdiction” deals with? |
Section 22 |
|
Can a civil court entertain any suit or proceeding in respect of actions taken under this Act? |
No, a civil court has no jurisdiction. |
|
Whose actions are protected from civil court jurisdiction under Section 22? |
The Central Government, any other authority, or any officer acting under this Act. |
|
What types of actions are covered under the bar of jurisdiction? |
Anything done, action taken, or orders/directions issued under this Act. |
|
Under Section 22, does the bar of jurisdiction apply to powers conferred by the Act? |
Yes, it applies to powers conferred by or in relation to the functions under this Act. |
|
Does Section 22 prevent judicial review entirely? |
It bars civil court jurisdiction; it does not affect other legal remedies like appeals or tribunals unless specified elsewhere. |
|
The “Power to delegate” is given under which provision of the Act? |
Section 23 |
|
Who has the power to delegate under Section 23? |
The Central Government. |
|
By what means can the Central Government delegate its powers? |
By notification in the Official Gazette. |
|
Are there any conditions attached to the delegation of powers under Section 23? |
Yes, subject to such conditions and limitations as may be specified in the notification. |
|
To whom can the Central Government delegate its powers? |
Any officer, State Government, or other authority. |
|
Can the Central Government delegate all powers under this Act? |
No, it cannot delegate the power to constitute an authority under Section 3(3) or to make rules under Section 25. |
|
What is the main purpose of Section 23? |
To allow the Central Government to delegate powers for efficient implementation of the Act. |
|
Does Section 23 limit the delegation to only necessary or expedient powers? |
Yes, only powers deemed necessary or expedient may be delegated. |
|
Which provision of the Act deals with the “Effect of other laws” in the Act? |
Section 24 |
|
What is the main principle established by Section 24? |
The provisions of this Act prevail over any inconsistent provisions in other laws. |
|
Does Section 24 apply to rules and orders made under this Act? |
Yes, it applies to rules and orders as well. |
|
From which date was the current Section 24 effective? |
1st April, 2024. |
|
Does Section 24 limit its application to central laws only? |
No, it applies to any law in force for the time being, central or state. |
|
Can Section 24 be used to justify actions taken under this Act even if another law forbids them? |
Yes, it ensures the Act’s provisions prevail over inconsistent laws. |
|
The Power to make rules under the Act is given under which provision of the Act? |
Section 25 |
|
What does the section 25 deals with? |
Power to make rules |
|
Who has the power to make rules under Section 25(1)? |
The Central Government. |
|
By what means can the Central Government make rules under Section 25? |
By notification in the Official Gazette. |
|
What is the main purpose of the rules under Section 25? |
For carrying out the purposes of the Environment Protection Act, 1986. |
|
Does Section 25(2) limit the Central Government’s power to make rules? |
No, the rules may be made in particular matters without prejudice to the generality of the power. |
|
Under Section 25(2)(a), what standards can the Central Government prescribe? |
Standards in excess of which environmental pollutants shall not be discharged or emitted under Section 7. |
|
Under Section 25(2)(b), what procedures may be prescribed? |
Procedures and safeguards for handling hazardous substances under Section 8. |
|
Which authorities or agencies are mentioned in Section 25(2)(c)? |
Authorities or agencies to whom intimation of environmental pollutant discharge under Section 9 shall be given and to whom assistance shall be rendered. |
|
What does Section 25(2)(d) regulate? |
The manner in which samples of air, water, soil, or other substances are taken for analysis under Section 11(1). |
|
What is prescribed under Section 25(2)(e)? |
The form in which notice of intention to have a sample analyzed shall be served under Section 11(3)(a). |
|
Which functions are covered under Section 25(2)(f)? |
Functions of environmental laboratories, procedures for submission of samples, form of laboratory report, fees payable, and related matters under Section 12(2). |
|
What qualifications may be prescribed under Section 25(2)(g)? |
Qualifications of Government Analysts for analyzing samples under Section 13. |
|
What does Section 25(2)(ga) provide for? |
The manner of holding inquiry and imposing penalty by the adjudicating officer, and other factors for determining quantum of penalty under Section 15C(4)(f). |
|
What does Section 25(2)(gb) regulate? |
Other amounts under Section 16(2)(c). |
|
What does Section 25(2)(gc) regulate? |
Other purposes under Section 16(3)(c). |
|
What is provided under Section 25(2)(gd)? |
The manner of administration of the Environmental Protection Fund under Section 16(4). |
|
What is covered under Section 25(2)(ge)? |
Form for maintenance of accounts of the Fund and preparation of annual statement of accounts under Section 16A(1). |
|
What is prescribed under Section 25(2)(gf)? |
Form for preparing annual report of the Fund under Section 16B. |
|
What is covered under Section 25(2)(h)? |
The manner in which notice of the offence and intention to make a complaint to the Central Government shall be given under Section 19(b). |
|
What is prescribed under Section 25(2)(i)? |
The authority or officer to whom reports, returns, statistics, accounts, and other information shall be furnished under Section 20. |
|
What does Section 25(2)(j) empower the Central Government to prescribe? |
Any other matter required to be, or may be, prescribed under the Act. |
|
The “Rules made under this Act to be laid before Parliament” is given under which provision of the Act? |
Section 26 |
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The rules made under section 26 the Act be laid before? |
Each House of Parliament. |
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When must the rules be laid before Parliament? |
As soon as may be after the rule is made. |
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For how long must the rules be laid before Parliament? |
For a total period of thirty days. |
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Can the thirty days be spread across more than one session? |
Yes, it may be comprised in one session or in two or more successive sessions. |
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What happens if both Houses of Parliament agree to modify a rule? |
The rule shall have effect only in the modified form. |
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What happens if both Houses agree that the rule should not be made? |
The rule shall be of no effect. |
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Does modification or annulment of a rule affect actions done under the rule previously? |
No, it shall be without prejudice to the validity of anything previously done under that rule. |
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Is there a time limit for Parliament to agree on modification or annulment? |
Yes, before the expiry of the session immediately following the session(s) in which the rule was laid. |
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LANDMARK JUDGMENTS ON ENVIRONMENT LAW |
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Which landmark case established Absolute Liability in India? |
M.C. Mehta v. Union of India (Oleum Gas Leak), 1986. |
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Which case recognised the Right to Clean Water under Article 21? |
Subhash Kumar v. State of Bihar, 1991. |
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Which case established the Precautionary Principle and Polluter Pays Principle? |
Vellore Citizens Welfare Forum v. Union of India, 1996. |
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Which case applied the Public Trust Doctrine? |
M.C. Mehta v. Kamal Nath, 1997. |
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Which case strictly enforced the Polluter Pays Principle by directing industries to pay? |
Indian Council for Enviro-Legal Action v. Union of India, 1996. |
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Which case involved environmental clearance for the Sardar Sarovar Dam? |
Narmada Bachao Andolan v. Union of India, 2000. |
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Which case stressed the need for scientific expertise in environmental matters? |
A.P. Pollution Control Board v. M.V. Nayudu, 1999. |
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Which case led to major reforms for Ganga river pollution control? |
M.C. Mehta (Ganga Pollution Cases). |
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Which case expanded the definition of “forest” and led to creation of CAMPA? |
T.N. Godavarman Thirumulpad v. Union of India, 1996. |
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Which case balanced mining and tribal rights in Meghalaya? |
Lafarge Umiam Mining Pvt. Ltd. v. Union of India, 2011. |
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Which case warned against misuse of PILs for personal interest? |
Subhash Kumar v. State of Bihar, 1991. |
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Which case first applied Sustainable Development in India? |
Vellore Citizens Welfare Forum v. Union of India, 1996. |
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Which case laid the foundation of Indian environmental jurisprudence? |
M.C. Mehta v. Union of India (Oleum Gas Leak), 1986. |