Powers 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 notifications, such of its powers and functions under this Act [except the powers 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.
In plain English
What this section actually means
Section 23 is the delegation pipeline. The Centre may delegate any of its EPA powers — except two — by notification in the Official Gazette to any officer, State Government or other authority.
The two non-delegable powers are: (a) the power to constitute an authority under Section 3(3); and (b) the power to make rules under Section 25. Everything else — Section 3(2) measures, Section 5 directions, Section 7 enforcement, Section 11 sampling, Section 20 data calls — can be delegated.
The most consequential delegation is the Centre's delegation of Section 5 directions to most State Governments (Notification S.O. 152(E) dated 10-2-1988 and subsequent notifications). That is why most Section 5 closure orders today are issued by State authorities, not by the Centre.
Real life
What this looks like in real life
Question on whether a State can re-delegate further
Setup. A State Government, having received delegated Section 5 powers from the Centre, further delegates those powers to a Sub-Divisional Magistrate.
What the law does. Sub-delegation is permissible only if the original notification permits it. Section 23 conditions delegation 'subject to such conditions and limitations as may be specified'. If the parent notification is silent, sub-delegation is open to challenge. Best practice: SDMs act on instructions from the State Environment Department under the original delegation.
Cross-references
Read this alongside
- Notification S.O. 152(E) dated 10-2-1988§—·Centre's delegation of Section 5 powers to most State Governments.
- Notification S.O. 145(E) dated 21-2-1991§—·Centre's delegation to CPCB of the power to recognise environmental laboratories under Section 12(1)(b) and to appoint Government Analysts under Section 13.
Frequently asked
Questions about Section 23
Open this section in the source PDF
Environment Protection Act, 1986.pdf
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