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Section 6 – The Environment (Protection) Act, 1986

The Environment (Protection) Act, 1986

 

 

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.

 

COMMENTS

 

Right to life

(i) The Karnataka High Court has directed the operation of industrial units in land earmarked as residential area in the Development plan to be stopped which were being established in gross violation of various statutory provisions thereby causing persistent pollution detrimental to health and held that where due to human negligence the quality of air or environment are threatened the court would not hesitate to use its innovative powers within its epistolary jurisdiction to enforce and safeguard the right to life to promote public interest. Since the right to life inherent in Article 21 of the Constitution of India contemplates qualitative life which is possible only in an environment of quality; V. Laksmipathy v. State of Karnataka, AIR 1992 Karn 57.

 

(ii) A limited power of exemption from the operation of Noise Rules by the Central Government is not unreasonable. The power to grant exemption is a reasonable restriction in public interest; Forum, Prevention of Environment & Sound Pollution v. Union of India, AIR 2006 SC 348.

 

 

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The Environment (Protection) Act, 1986

 

Indian Laws – Bare Acts

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