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Section 2. DEFINITIONS.
In this Act, unless the context otherwise requires, -
(1)"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;
(2)"environmental pollutant" means any solid, liquid or gaseous substance present in such
concentration as may be, or tend to be, injurious to environment;
(3)"environmental pollution" means the presence in the environment of any environmental
pollutant;
(4)"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;
(5)"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, plants, micro-organism, property or the environment;
(6)"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;
(7)"Prescribed" means prescribed by rules made under this Act.
EXPLANATION : For the avoidance of doubts, it is hereby declared that 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.
No person carrying on any industry, operation or process shall discharge or emit or permit to be
discharged or emitted any environmental pollutant in excess of such standards as may be prescribed.
Section 8. PERSONS HANDLING HAZARDOUS SUBSTANCES TO
COMPLY WITH PROCEDURAL SAFEGUARDS.
No person shall handle or cause to be handled any hazardous substance except in accordance with such
procedure and after complying with such safeguards as may be prescribed.
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment provide in this Act, if he proves that the offence was committed without his
knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2)Notwithstanding anything contained in sub-section (1), where an offence under this Act has been
committed by a company and it is proved that the offence has been committed with the consent
or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary
or other officer of the company, such director, manager, secretary or other officer shall also
deemed to be guilty of that offence and shall be liable to be proceeded against and punished
accordingly.
EXPLANATION : For the purposes of this section -
(a) "company" means any body corporate and includes a firm or other association of individuals;
(b) "director", in relation to a firm, means a partner in the firm.