ENVIRONMENTAL PROTECTION ACT (1986) WITH MCQS

ENVIRONMENTAL PROTECTION ACT -1986

 An Act to provide for the protection and improvement of environment and for matters connected there with Act

• WHEREAS the decisions were taken at the United Nations Conference on the Human Environment held at Stockholm in June, 1972, in which India participated, to take appropriate steps for the protection and improvement of human environment;

• AND WHEREAS it is considered necessary further to implement the decisions aforesaid in so far as they relate to the protection and improvement of environment and the prevention of hazards to human beings, other living creatures, plants and property;

• BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:-

 

CHAPTER I: PRELIMINARY

 1. SHORT TITLE, EXTEND AND  COMMENCEMENT

(a) This Act may be called the Environment (Protection) Act, 1986.

(b) It extends to the whole of India.

(c) It shall come into force on such date as the Central Government may, by notification in   the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and for different areas.

 2. DEFINITIONS

In this Act, unless the context otherwise requires,--

(a) "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;

(b) "Environmental pollutant" means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment;

(c) "Environmental pollution" means the presence in the environment of any environmental pollutant;

(d) "Handling", in relation to any substance, means the manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of such substance;

(e) "Hazardous substance" means any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plant, micro-organism, property or the environment;

(f) "Occupier", in relation to any factory or premises, means a person who has, control over the affairs of the factory or the premises and includes in relation to any substance, the person in possession of the substance;

(g) "Prescribed" means prescribed by rules made under this Act.

 

 CHAPTER II:  GENERAL POWERS OF THE CENTRAL GOVERNMENT

3. POWER OF CENTRAL GOVERNMENT TO TAKE MEASURES TO PROTECT AND IMPROVE 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 and preventing controlling and abating  environmental 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 there under, or

(b) Under any other law for the time being in force which is relatable to the objects of this Act;

 

4. APPOINTMENT OF OFFICERS AND THEIR POWERS AND FUNCTIONS

 

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

 

(b) 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.

 

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.

 

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 restriction on the location of industries and the carrying on process 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.

 

CHAPTER III: PREVENTION, CONTROL, AND ABATEMENT OF ENVIRONMENTAL POLLUTION

 7. PERSONS CARRYING ON INDUSTRY OPERATION, ETC., NOT TO ALLOW EMISSION OR DISCHARGE OF ENVIRONMENTAL POLLUTANTS IN EXCESS OF THE STANDARDS.

8. PERSONS HANDLING HAZARDOUS SUBSTANCES TO COMPLY WITH PROCEDURAL SAFEGUARDS.

9. FURNISHING OF INFORMATION TO AUTHORITIES AND AGENCIES IN CERTAIN CASES.

10. POWERS OF ENTRY AND INSPECTION.

11. POWER TO TAKE SAMPLE AND PROCEDURE TO BE FOLLOWED IN

CONNECTION THEREWITH.

12. ENVIRONMENTAL LABORATORIES.

13. GOVERNMENT ANALYSTS.

14. REPORTS OF GOVERNMENT ANALYSTS.

15. PENALTY FOR CONTRAVENTION OF THE PROVISIONS OF THE ACT AND THE RULES, ORDERS AND DIRECTIONS.

16. OFFENCES BY COMPANIES

17. OFFENCES BY GOVERNMENT DEPARTMENTS

18. PROTECTION OF ACTION TAKEN IN GOOD FAITH

19. COGNIZANCE OF OFFENCES

 No court shall take cognizance of any offence under this Act except on a complaint made by.

(a) The Central Government or any authority or officer authorized in this behalf by that Government, or.

(b) Any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Central Government or the authority or officer authorized as aforesaid.

 

20. INFORMATION, REPORTS OR RETURNS.

21. MEMBERS, OFFICERS AND EMPLOYEES OF THE AUTHORITY CONSTITUTED UNDER SECTION 3 TO BE PUBLIC SERVANTS.

22. BAR OF JURISDICTION.

24. EFFECT OF OTHER LAWS.

25. POWER TO MAKE RULES.

.The Central Government may, by notification in the Official Gazette, make rules for carrying

out the purposes of this Act.

 26. RULES MADE UNDER THIS ACT TO BE LAID BEFORE PARLIAMENT

Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be

Comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both

Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

IMPORTANT MCQS ON ENVIRONMENTAL PROTECTION ACT-1986

1. When did The Environment (Protection) Act, 1986, come into force?

A. 01 April 1986
B. 01 March 1986
C. 01 May 1986
D. 19 November 1986.

2. Which section of The Environment (Protection) Act, 1986 deals with the Persons handling hazardous substances to comply with procedural safeguards?

A. Section 12 of The Environment (Protection) Act, 1986
B. Section 9 of The Environment (Protection) Act, 1986
C. Section 14 of The Environment (Protection) Act, 1986
D. Section 20 of The Environment (Protection) Act, 1986 

3.Which section of The Environment (Protection) Act, 1986 deals with the Offences by companies?

A. Section 16 of The Environment (Protection) Act, 1986
B. Section 14 of The Environment (Protection) Act, 1986
C. Section 13 of The Environment (Protection) Act, 1986
D. Section 18 of The Environment (Protection) Act, 1986 

4.Section 25 of The Environment (Protection) Act, 1986 deals with_______?

A. Government Analysts
B. Power to make rules
C. Bar of jurisdiction.
D. Protection of action taken in good faith.

5. Penalty for contravention of the provisions of the Act and the rules, orders and directions, is provided in section____ of The Environment (Protection) Act, 1986.

A. Section 24 of The Environment (Protection) Act, 1986
B. Section 22 of The Environment (Protection) Act, 1986
C. Section 15 of The Environment (Protection) Act, 1986
D. Section 23 of The Environment (Protection) Act, 1986 

6.Section 4 of The Environment (Protection) Act, 1986 provides?

A. Appointment of officers and their powers and functions
B. Offences by companies
C. Effect of other laws
D. Information, reports or returns 

7.Which section of The Environment (Protection) Act, 1986 deals with Rules to regulate environmental pollution?

A. Section 7 of The Environment (Protection) Act, 1986
B. Section 4 of The Environment (Protection) Act, 1986
C. Section 6 of The Environment (Protection) Act, 1986
D. Section 9 of The Environment (Protection) Act, 1986

8. Which section of The Environment (Protection) Act, 1986 deals with the Persons handling hazardous substances to comply with procedural safeguards?

A. Section 7 of The Environment (Protection) Act, 1986
B. Section 8 of The Environment (Protection) Act, 1986
C. Section 4 of The Environment (Protection) Act, 1986
D. Section 5 of The Environment (Protection) Act, 1986

9. When did the Air (Prevention and Control of Pollution) Act, 1981, come into force?

A. 01 April 1986
B. 01 March 1986
C. 01 May 1986
D. 29 March 1981

10. In which of the following cases, the Supreme Court directed closing down and demolition of shrimp industries in coastal regulation zone and implement the “precautionary principle” and “the polluter pays principle and held them liable for payment of compensation for reversing the ecology and compensate the individual for loss suffered?

A. S. Jagannath v. Union of India
B. Vellore Citizens Welfare Forum v. Union of India
C. M.C. Mehta c. Union of India
D. Church of God (Full Gospels) in India v. KKR Majestic Colony Welfare Association.

11. In which of the following cases the Supreme Court discussed the development of the “Precautionary Principle”?

A. Olga Tellis (1986) case
B. M.C. Mehta v. Union of lndia
C. Rural Litigation and Entitlement Kendra v. State of U.P.
D. A.P. Pollution Control Board v. M.V Nayudu

12. The doctrine of …… means that the absolute liability for harm to environment extends not only to compensate the victims of pollution but also to the cost of restoring the environmental degradation.

A. Polluter pays principle
B. Precautionary principle
C. Public Trust
D. Public Nuisance

13. Assertion (A): Public Trust Doctrine in the state to act as the Trustee Resources.
Reason (R): The benefit of natural resources to public can not be deprived unilaterally
Code:

A. Both (A) and (R) are correct and R is the correct explanation of (A)
B. Both (A) and (R) are correct and R is not correct explanation of (A)
C. (A) is correct but (R) is incorrect
D. (A) is incorrect but (R) is correct

14. Section 19 of the Environment (Protection) Act, 1986 enables a person to file complaint in a Criminal Court after giving’s notice to the Pollution Control Board. Once a complaint has been made, the board ls bound to make available to the complainant all relevant reports on demand. The board may also refuse to disclose on public Interest. Similar provisions are also available under

A. Section 49 of the Water Act, 1974 and Section 43 of the Air Act, 1981
B. Section 43 of the Water Act, 1974 and Section 49 of the Air Act, 1981
C. Section 42 of the Water Act, 1974 and Section 46 of the Air Act, 1981
D. Section 41 of the Water Act, 1974 and Section 42 of the Air Act, 1981

15. Which of the following Acts is popularly known as Umbrella Legislation?

A. The Water (Prevention and Control of Pollution) Act, 1974
B. The Air (Prevention and Control of Pollution) Act, 1981
C. The Factories Act, 1948
D. The Environment (Protection) Act, 1986.

Answers:

1.      D. 19 November 1986

2.      B. Section 9 of The Environment (Protection) Act, 1986

3.      A. Section 16 of The Environment (Protection) Act, 1986

4.      B. Power to make rules

5.      C. Section 15 of The Environment (Protection) Act, 1986

6.      A. Appointment of officers and their powers and functions

7.      C. Section 6 of The Environment (Protection) Act, 1986

8.      B. Section 8 of The Environment (Protection) Act, 1986

9.      D. 29 March 1981

10.  B. Vellore Citizens Welfare Forum v. Union of India

11.  A. Olga Tellis (1986) case

12.  C. Public Trust

13.  B. Both (A) and (R) are correct and R is not correct explanation of (A)

14.  A. Section 49 of the Water Act, 1974 and Section 43 of the Air Act, 1981

15.  D. The Environment (Protection) Act, 1986