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Start Free TrialEnvironment Protection Act, 1986 Section 11
Title: Power to Take Sample and Procedure to Be Followed in Connection Therewith
State: Central
Year: 1986
.....in evidence in any legal proceeding unless the provisions of sub-sections (3) and (4) are complied with. (3) Subject to the provisions of sub-section (4), the person taking the sample under sub-section (1) shall-- (a) serve on the occupier or his agent or person in charge of the place, a notice, then and there, in such form as may be prescribed, of his intention to have it so analysed; (b) in the presence of (he occupier or his agent or person, collect a sample for analysis; (c) cause the sample to be placed in a container or containers which shall be marked and seated and shall also be signed both by the person taking the sample and the occupier or his agent or person; (d) send without delay, the container or the containers to the laboratory established or recognised by the Central Government under section 12. (4) When a sample is taken for analysis under sub-section (1) and the person taking the sample serves on the occupier or his agent or person, a notice under clause (a) of sub-section (3), then,-- (a) in a case where the occupier, his agent or person wilfully absents himself, the person taking the sample shall collect the sample for analysis to be placed.....
View Complete Act List Judgments citing this sectionEnvironment Protection Act, 1986 Chapter 3
Title: Prevention, Control and Abatement of Environmental Pollution
State: Central
Year: 1986
.....him; (b) for the purpose of determining whether and if so in what manner, any such functions are to be performed or whether any provisions of this Act or 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; (c) for the purpose of examining and testing any equipment, industrial plant, record, register, document or any other material object or for conducting a 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 or handling any hazardous substance shall be bound to render all assistance to the person empowered by the Central Government under sub-section (1) for carrying out.....
View Complete Act List Judgments citing this sectionBureau of Indian Standards Act, 1986 Complete Act
State: Central
Year: 1986
..... (1) On and from the date of establishment of the Bureau.- (a) any reference to the Indian Standards Institution in any law other than this Act or in any contract or other instrument shall be deemed as a reference to the Bureau: (b) all properties and assets, movable and immovable, of, or belonging to. the Indian Standards Institution shall vest in the Bureau: (c) all the rights and liabilities of the Indian Standards Institution shall be transferred to, and be the rights and liabilities of, the Bureau; (d) without prejudice to the provisions of clause (c), all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Indian Standards Institution immediately before that date. for or in connection with the purposes of the said Institution shall be deemed to have been incurred, entered into. or engaged to be done by with or for the Bureau, (e) all sums of money due to the Indian Standards Institution immediately before that date shall be deemed to be due to the Bureau, (f) all suits and other legal proceedings instituted or which could have been instituted by or against the Indian.....
List Judgments citing this sectionEnvironment Protection Act, 1986 Complete Act
State: Central
Year: 1986
ENVIRONMENT PROTECTION ACT, 1986 ENVIRONMENT PROTECTION ACT, 1986 29 of 1986 An Act to provide for the protection and improvement of environment and for matters connected therewith. Whereas 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 :- SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Environment (Protection) Act, 1986. (2) It extends to the whole of India. (3) 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. SECTION 02: DEFINITIONS In this Act, unless.....
List Judgments citing this sectionHandlooms (Reservation of Articles for Production) Rules 1986 Complete Act
State: Central
Year: 1986
.....from any person, he may take assistance from the local police station for carrying out his duties to search and seizure. (9) The provisions of this rule shall be in addition to and not in derogation of the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to searches and seizures. RULE 05: DISPOSAL OF FORFEITED ARTICLES The article or class of articles forfeited to the Central Government under Section 10of the Act shall be sold only through the following channels of sales, namely :- (a) cooperative outlets; (b) fair price shops affiliated to National Cooperative Consumers' Federation; (c) fair price shops opened by the Central Government or State Government or Handicrafts and Handloom Corporations or Apex Emporia:6"provided that the authorised officer shall hold a meeting of the Evaluation Committee comprising of representatives of the aforesaid agencies for evaluation and disposal of the forfeited goods through them: provided further that." Central Bare Acts
List Judgments citing this sectionConsumer Protection Act, 1986 Section 13
Title: Procedure on Admission of Complaint
State: Central
Year: 1986
.....the pendency of any proceedingbefore the District Forum, it appears to it necessary, it may pass such interimorder as is just and proper in the facts and circumstances of the case.] (4) For the purposes of this section, the DistrictForum shall have the same powers as are vested in a civil court under Code ofCivil Procedure, 1908 (5 of 1908) while trying a suit in respect of thefollowing matters, namely:-- (i) the summoning and enforcing the attendance ofany defendant or witness and examining the witness on oath, (ii) the discovery and production of any documentor other material object producible as evidence, (iii) the reception of evidence on affidavits, (iv) the requisitioning of the report of theconcerned analysis or test from the appropriate laboratory or from any otherrelevant source, (v) issuing of any commission for the examinationof any witness, and (vi) any other matter which may be prescribed. (5) Every proceeding before the District Forumshall be deemed to be a judicial proceeding within the meaning of sections 193and 228 of the Indian Penal Code (45 of 1860), and the District Forum shall bedeemed to be a civil court for the purposes of section 195,.....
View Complete Act List Judgments citing this sectionEnvironment Protection Act, 1986 Section 25
Title: Power to Make Rules
State: Central
Year: 1986
.....which hazardous substances shall be bandied or cause to be handled under section 8; (c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11; (e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub-section (3) of section 11; (f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under.....
View Complete Act List Judgments citing this sectionEnvironment Protection Act, 1986 Chapter 4
Title: Miscellaneous
State: Central
Year: 1986
.....by the central government or any other authority or officer in pursuance of any power conferred by or in relation to its or his functions under this Act. Section 23 - Power to delegate Without prejudice to the provisions of sub-section (3) of section 3, The Central Government may, by notification in the Official Gazette, delegate, subject to such conditions and limitations as may be specified in the notification, such of its powers and functions under this Act [except the power to constitute an authority under sub-section (3) of section 3 and to make rules under section 25] as it may deem necessary or expedient, to any officer, State Government or other authority. Section 24 - Effect of other laws (1) Subject to the provisions of sub-section (2), the provisions of this Act and the rules or orders made therein shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act. (2) Where any act or omission constitutes an offence punishable under this Act and also under any other Act then the offender found guilty of such offence shall be liable to be punished under the other Act and not under this Act. Section 25 - Power to.....
View Complete Act List Judgments citing this sectionConsumer Protection Act, 1986 Chapter III
Title: Consumer Disputes Redressal Agencies
State: Central
Year: 1986
.....as it deems fit;] 3[(e) to4[remove the defects in goods] or deficiencies in the services in question; (f) to discontinue the unfair trade practice or the restrictive trade practice or not to repeat them; (g) not to offer the hazardous goods for sale; (h) to withdraw the hazardous goods from being offered for sale; 2[(ha) to cease manufacture of hazardous goods and to desist from offering services which are hazardous in nature; (hb) to pay such sum as may be determined by it, if it is of the opinion that loss or injury has been suffered by a large number of consumers who are not identifiable conveniently: Provided that the minimum amount of sum so payable shall not be less than five per cent, of the value of such defective goods sold or services provided, as the case may be, to such consumers: Provided further that the amount so obtained shall be credited in favour of such person and utilized in such manner as may be prescribed; (hc) to issue corrective advertisement to neutralize the effect of misleading advertisement at the cost of the opposite party responsible for issuing such misleading advertisement;] (i) to provide for adequate costs to parties.] .....
View Complete Act List Judgments citing this sectionConsumer Protection Act, 1986 Complete Act
State: Central
Year: 1986
.....of spurious goods or offering such goods for sale or adopting deceptive practices in the provision of services. (2) Any reference in this Act to any other Act or provision thereof which is not in force in any area to which this Act applies shall be construed to have a reference to the corresponding Act or provision thereof in force in such area. SECTION 03: ACT NOT IN DEROGATION OF ANY OTHER LAW The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force. CHAPTER 02: CONSUMER PROTECTION COUNCILS SECTION 04: THE CENTRAL CONSUMER PROTECTION COUNCIL (1)24["The Central Government shall"] , by notification, establish with effect from such date as it may specify in such notification, a Council to be known as the Central Consumer Protection Council (hereinafter referred to as the Central Council). (2) The Central Council shall consist of the following members, namely :- (a) the Minister in charge of22[consumer affairs] in the Central Government, who shall be its Chairman, and (b) such number of other official or non-official members representing such interests as may be prescribed .....
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