Power Of Central Government To Take Measures To protect And Improve Environment

• 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.

• Such measures may include measures with respect to all or any of the following matters, namely:
  co-ordination of actions by the State Governments, officers and other authorities-

  1. under this Act, or the rules made thereunder, or

  2. under any other law for the time being in force which is relatable to the objects of this Act;
  1. planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution;

  2. laying down standards for the quality of environment in its various aspects;

  3. laying down standards for emission or discharge of environmental pollutants from various sources whatsoever:

  4. Provided that different standards for emission or discharge may be laid down under this clause from different sources having regard to the quality or composition of the emission or discharge of environmental pollutants from such sources;

  5. restriction of areas in which 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;

  6. laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents;

  7. laying down procedures and safeguards for the handling of hazardous substances;

  8. examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution;

  9. carrying out and sponsoring investigations and research relating to problems of environmental pollution;

  10. 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;

  11. establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this Act;

  12. collection and dissemination of information in respect of matters relating to environmental pollution;

  13. preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution;

  14. such other matters as the Central Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this Act.

• The Central Government may, if it considers it necessary or expedient so to do for the purpose of this Act, by order, published in the Official Gazette, constitute an authority or authorities by such name or names as may be specified in the order for the purpose of exercising and performing such of the powers and functions (including the power to issue directions under section (5) of the Central Government under this Act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise and powers or perform the functions or take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers or perform those functions or take such measures.

• As considerable adverse environment impact has been caused due to degradation of the environment with excessive soil erosion and water and air pollution due to certain development activities therefore it is necessary to protect the environment. This can be achieved only by careful assessment of a project proposed to be located in any area, on the basis of an environment impact assessment and environment management plan for the prevention, elimination or mitigation of the adverse impacts, right from the inception stage of the project

• The Central Government has passed certain notifications laying that the expansion or modernisation of any existing industry or new projects listed shall not be undertaken in any part of India, unless it gets environmental clearance by the Central Government, or the State Government.

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