Section Section 3
of the National Green Tribunal Act, 2010, in accordance with the provisions of t
section 3 of the National Green Tribunal Act, 2010, in accordance with the provisions of that Act:] 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 0r any of the following matters, namely:_ 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; the procedures and safeguards for the handling of hazardous substances; the prohibition and restrictions o the handling of hazardous substances in different areas; the prohibition and restrictions 0 the location of industries and the carrying O of processes and operations in different areas; 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 POLLUCTION 7. Persons carrying on industry, operation, etc , not to allow emission or discharge of environmental pollutants in excess of the standards -~No person carrying 0 any industry, operation
Ins. by Act 19 of 2010, s. 36 and Schedule III (w.e.f: 18-10-2010)_
5
or process shall discharge Or emit O permit to be discharged O emitted any environmental pollutant in excess Or such standards as may be prescribed. 8_ Persons handling hazardous substances to comply with procedural safeguards.-~No person shall handle O cause to be handled any hazardous substance except in accordance with such procedure and after complying with such safeguards as may be prescribed: 9_ Furnishing of information to authorities and agencies in certain cases: ~( 1) Where the discharge of any environmental pollutant in excess of the prescribed standards occurs or is apprehended to occur due to any accident Or other unforeseen act O event; the person responsible for such discharge and the person in charge of the place at which such discharge occurs O is apprehended to occur shall be bound to prevent or mitigate the environmental pollution caused as result of such discharge and shall also forthwith intimate the fact of such occurrence O apprehension of such occurrence; and (b) be bound, if called upon; to render all assistance, to such authorities or agencies as may be prescribed (2) On receipt of information with respect to the fact O apprehension of any occurrence of the nature referred to in sub-section (1), whether through intimation under that sub-section or otherwise, the authorities or agencies referred to in sub-section (1) shall, as early as practicable, cause such remedial measures to be taken as are necessary to prevent O mitigate the environmental pollution: (3) The expenses, if any, incurred by any authority O agency with respect to the remedial measures referred to in sub-section (2), together with interest (at such reasonable rate as the Government may, by order; fix) from the date when demand for the expenses is made until it is paid, may be recovered by such authority Or agency from the person concerned as arrears of land revenue O of public demand. 10. Powers of entry and inspection. (1) Subject to the provisions of this section, any person empowered by the Central Government in this behalf shall have a right to enter, at all reasonable times with such assistance as he considers necessary, any place for the purpose of performing any of the functions of the Central Government entrusted to him; (b) for the purpose of determining whether and if so in what manner, any such functions are to be performed o whether any provisions of this Act O the rules made thereunder Or any notice, order; direction or authorisation served, made, given Or granted under this Act is being or has been complied with; for the purpose of examining and testing any equipment, industrial plant, record, register, document o any other material object Or for conducting search of any building in which he has reason to believe that an offence under this Act or the rules made thereunder has been or is being or is about to be committed and for seizing any such equipment; industrial plant, record, register, document or other material object if he has reasons to believe that it may furnish evidence of the commission of an offence punishable under this Act or the rules made thereunder Or that such seizure is necessary to prevent Or mitigate environmental pollution. '[(2) Every person carrying on any industry, operation or process of handling any hazardous substance shall render assistance, as may be required, to the person empowered by the Central Government under sub-section (1) for carrying out the functions under that sub-section and if he fails to do so without any reasonable cause, he shall be liable to penalty provided under
Roop's Law Assist