Section 4: Appointment of Officers

In one line

Somebody has to do the work on the ground, and section 4 is the provision that appoints him.

In the wording a student can write in an examination: section 4 of the Environment (Protection) Act 1986 provides that without prejudice to the provisions of section 3(3) the Central Government may appoint officers with such designations as it thinks fit for the purposes of the Act and may entrust to them such of the powers and functions under the Act as it may deem fit, and that such officers shall be subject to the general control and direction of the Central Government or, if so directed by that Government, also of the authority or authorities constituted under section 3(3) or of any other authority or officer.

Why a separate section from 3(3)

Because section 3(3) creates a body and section 4 appoints an officer. The two mechanisms are different and are used for different things.

An authority under section 3(3) is a collegiate body, generally with a chairperson and members, exercising the substantive powers of the Central Government within the four corners of its order. An officer under section 4 is an individual with entrusted powers, doing the operational work: entering premises, taking samples, serving notices, filing complaints.

Almost every one of the operational powers in the Act, entry and inspection under section 10, sampling under section 11, and the making of a complaint under section 19, is exercised by a person authorised in this way.

Reading section 4

Without prejudice to the provisions of sub-section (3) of section 3. The two powers are cumulative.

The Central Government may appoint officers with such designation as it thinks fit. There is no prescribed designation, no prescribed qualification and no prescribed number. In practice the officers are drawn from the Pollution Control Boards, from the Ministry's regional offices and from State departments.

And may entrust to them such of the powers and functions under this Act as it may deem fit. Again, only what is entrusted.

Subject to the general control and direction of the Central Government. And, if so directed, also of an authority under section 3(3) or of any other authority or officer. So a chain of command can be built: Ministry, authority, officer.

Where the entrusted powers matter

Section 10, entry and inspection. The section is expressed to be exercisable by any person empowered by the Central Government in that behalf, and the empowerment is under section 4 or by delegation under section 23.

Section 11, taking a sample. Same. A sample taken by a person not empowered is not taken under the Act at all, and the analysis of it will not found a prosecution.