Topic 2: General Powers of the Central Government for Environment Protection

GENERAL POWERS OF CENTRAL GOVERNMENT FOR PROTECTION OF ENVIRONMENT

The environmental (Protection) Act has authorized the Central Government to frame rules for protecting and improving the quality of environment. In addition to this the Central Government is empowered to take all measures to prevent, control and abate environmental pollution.

I. General Powers of the Central Government (Section 3): 

Section 3 of the Act empowers the Central Government to take all measures that it thinks necessary for protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution. 

Measure to protect environment and prevent Pollution:

Under these general powers, the central government may frame measures U/S 3(2) to fulfill its objectives of protecting environment and preventing environment pollution. Such measures may include measures with respect to all or any of the following matters, namely
1. Coordinate with other authorities (Sec 3(2)(i)): The Central Government shall co-ordinate with the State Governments, officers and other authorities, in all such actions as taken to protect the environment and prevent its pollution.
2. Nation - wide programme to prevent environmental pollution (Sec 3(2)(ii)): The Central Govt. has been authorized for planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution;



3. Lay standards to protect environment (Sec 3(2)(iii)(iv)): 
(Sec 3(2)(iii)) the central govt. shall lay down standards for the quality of environment in its various aspects;
(Sec 3(2)(iv)) the central govt. shall lay down standards putting restrictions on emission or discharge of environmental pollutants from various sources whatsoever:
4. Restriction establishing of industries (Sec (2)(v)): The Central Govt. has empowered to put restriction on any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards;



5. Lay down procedures and safeguards (Sec 3(2)(vi)(vii)):
U/S3(2)(vi), the central government shall lay down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents.
U/S 3(2)(vii), the central government shall lay down procedures and safeguards for the handling of hazardous substances.
6. Examination of Manufacturing (Sec 3(2)(viii)): The central government shall examine such manufacturing processes, materials and substances as are likely to cause environmental pollution.



7. Carry out Research (Sec 3(2)(ix)): The Central government shall carry out and sponsor investigations and research relating to problems of environmental pollution.
8. Carry out Inspection (Sec 3(2)(x)): The central government is empowered for inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary to take steps for the prevention, control and abatement of environmental pollution.



9. Establishment of Environmental Laboratories (Sec 3(2)(xi)): The Central Government can establish environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this Act.
10. Collection and Dissemination of Information (Sec. 3(2)(xii)): The Central Govt. can collect and disseminate information in respect of matters relating to environmental pollution.



11. Preparation of manuals, codes, guides (Sec 3(2)(xiii)): The Central Govt. shall prepare manuals, codes or guides relating to the prevention, control and abatement of environmental pollution.
12. Other matter (Sec 3(2)(xiv)): The Central Govt. can carry out such other matters as it thinks necessary or expedient for the purpose of securing the effective implementation of the provision of this Act.

Constitute authority for exercising power (Sec 3(3)): 

The central govt. may constitute an authority for exercising and performing its powers and functions. Such authority shall be authorized to exercise all the powers of the Central Govt.

II. Other powers of the Central Government (Section 4 – 14):

1. Appointment of officers and their powers and functions: The Central Government may appoint officers with such designations 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.
The officer shall be subject to the general control of:
a) The Central Government or
b) The authority or authorities constituted under section 3(3) or
c) Any other authority or officer
2. Power to give directions (Sec 5): 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.
The power to issue directions under this section includes the power to direct:
(a) the closure, prohibition or regulation of any industry, operation or process; or
(b) stoppage or regulation of the supply of electricity or water or any other service.



3. Rules to regulate environmental pollution (Sec 6): 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, 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.