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Rules 12 and 13 of the Environment (Protection) Rules, 1986: furnishing information on excess discharge to the Schedule V authorities and prohibiting or restricting the handling of hazardous substances in specified areas

Where a discharge above the prescribed standards occurs or is apprehended because of an accident or other unforeseen act or event, the person in charge of the place must "forth...

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Last updated: October 2026Verified against: Government sources

Rule 12 fills in the section 9 duty of an accident report: it names the authorities that must be told, at once, when a discharge above the standards happens or is about to happen because of an accident. Rule 13 is different in character. It sets out how the Central Government may prohibit or restrict the handling of hazardous substances in an area, and what it must weigh and publish before doing so.

These rules are current as amended up to 31 March 2021 per the CPCB compilation; no later amendment to rules 1 to 14 has been notified to our knowledge on 3 October 2026. Later amendments, CPCB guidelines and notifications should be checked. To build an incident-intimation procedure and contact register for your plant, see our compliance documentation service.

Rule 12: who must be told

Rule 12 supports section 9 of the Act, which puts the duty to intimate an accident on the person responsible and the person in charge of the place; see section 9. Rule 12 itself speaks of "the person in charge of the place at which such discharge occurs or is apprehended to occur", who must "forth with" intimate the fact of the occurrence or of the apprehension to all of the following:

ItemAuthority or agency
(i)The officer in charge of emergency or disaster relief operation in a district or other region of a State or Union territory, by whatever designation the State or Union territory Government specifies, in whose jurisdiction the industry, process or operation is located
(ii)The Central Board or State Board, as the case may be, and its regional officer having local jurisdiction who have been delegated powers under sections 20, 21 and 23 of the Water Act, 1974 and section 24 of the Air Act, 1981
(iii)The statutory authorities or agencies specified in column 3, for the places in column 2, of Schedule V

The word is "all": intimation to the Board alone does not meet the rule. The trigger is wide. A discharge "apprehended to occur" is enough, so a cracked tank or a failing scrubber that will cause an excess discharge is covered even before the discharge begins.

Schedule V: the authorities by type of place

Schedule V lists, for each type of place, the authorities to be intimated and the Act under which they are appointed. In every row the Ministry of Environment and Forests appears as one of the authorities.

PlaceAuthorities named in Schedule V (besides the Ministry)
Factory owned by the Central Government and engaged in carrying out the purposes of the Atomic Energy Act, 1962Atomic Energy Regulatory Board
Other factories under the Factories Act, 1948The Chief Inspector of Factories; the Inspector of Factories with local jurisdiction
Mine under the Mines and Minerals (Regulation and Development) Act, 1957The Controller General of Mines; the Regional Controller of Mines with local jurisdiction
Port under the Indian Ports Act, 1908The Conservator of Ports
Plantation under the Plantations Labour Act, 1951The Chief Inspector of Plantations; the Inspector of Plantations with local jurisdiction
Motor vehicle under the Motor Vehicles Act, 1939The State Transport Authority; the Regional Transport Authority with regional jurisdiction
Ship under the Merchant Shipping Act, 1958The Director General of Shipping; the Surveyor having jurisdiction

The Acts named in Schedule V are those printed in the Schedule; later laws may have replaced some of them, and the entry should be checked against the current Schedule when you prepare a contact list. For a factory, the Chief Inspector and the Inspector of Factories are the usual workplace-safety contacts, and the Board and the district disaster officer complete the list.

Rule 13(1): the factors for restricting hazardous substances

Rule 13 was inserted in 1989 and applies when the Central Government considers prohibiting or restricting the handling of hazardous substances in an area. It "may take into consideration" these factors:

  1. the hazardous nature of the substance, qualitatively or quantitatively as far as may be, in terms of its damage-causing potential to the environment, human beings, other living creatures, plants and property;
  2. the substances that may be, or are likely to be, readily available as substitutes;
  3. the indigenous availability of the substitute, or the state of technology available in the country for developing a safe substitute;
  4. the gestation period that may be necessary for gradual introduction of a new substitute with a view to bringing about a total prohibition of the hazardous substance; and
  5. any other factor the Central Government considers relevant to the protection of the environment.

The emphasis on substitutes and on the time needed to switch is characteristic. A prohibition is meant to be workable, not abrupt.

Rule 13(2): the procedure

While prohibiting or restricting handling in an area, "including their imports and exports", the Government follows four steps:

ClauseStep
(i)A notification in the Official Gazette, and in any other manner it considers necessary, giving notice of intention
(ii)The notification gives a brief description of the hazardous substances and the geographical region or area and states the reasons
(iii)Any person interested may object in writing within sixty days of publication
(iv)The Central Government shall, within ninety days from publication, consider all objections and may impose the prohibition or restriction on handling in a region or area

Compare this with rule 5 on the location of industries, which has a longer decision timeline and a public-interest exception; see rule 5. Rule 13 contains no power to dispense with the notice.

The substance-level controls on hazardous chemicals are set under section 8 of the Act and are explained in sections 7 and 8.

An incident protocol that fits rule 12

  1. Name the person in charge on each shift who is responsible for intimation.
  2. Keep three contact sheets: the district emergency officer, the Board and its regional officer, and the Schedule V authorities for your type of place.
  3. Log the time when the event was noticed and when each authority was told.
  4. Intimate all three groups, not only the one you deal with every day.
  5. Review the sheet every year, since officers and designations change.

Example

At Ganga Agro Chemicals, a factory covered by the Factories Act, a transfer pipe splits during the night and a pesticide intermediate starts to leak towards a drain. The shift in-charge shuts the valve and immediately intimates the district emergency officer, the Board's regional officer and, from the Schedule V row for factories, the Chief Inspector of Factories and the local Inspector, as well as the Ministry. Each call is logged with the time and the name of the person who took it. The Board later asks for the incident record, and the company produces the log.

Need help with accident intimation?

An intimation protocol is only useful if the contact sheets are right and the people on shift know them. Our compliance documentation team can help you build the protocol, contact register and log that match rule 12 and Schedule V.

Key takeaways

  • Rule 12 applies where a discharge above the standards occurs, or is apprehended, because of an accident or unforeseen event.
  • The person in charge of the place must intimate "forth with" all three groups of authorities.
  • Schedule V names the additional authorities by type of place: factory, mine, port, plantation, motor vehicle, ship.
  • Rule 13 governs prohibition or restriction of handling hazardous substances in an area, with sixty days for objections and ninety days for the Government to consider them.
  • Substitutes and the time to switch are central to the rule 13 factors.

Read next

Disclaimer: Based on the environment rules, guidelines and notifications named above as published in the Gazette of India, read with every amendment notified up to 3 October 2026 that the article names (consolidated reading texts from the CPCB 2021 compilation and the Goa State Pollution Control Board 2025 compilation were checked against the amending notifications), as consulted on 3 October 2026. Later amendments, CPCB guidelines, State Board orders and fees should be checked. This article is general information, not legal advice; check the official text before acting.

Quick recapKey facts & short answers

Key Facts About Rules 12

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

Who must give the intimation under rule 12?

The person in charge of the place at which the excess discharge occurs or is apprehended to occur.

When must it be given?

"Forth with", which means immediately; the rule prints no hours or days.

When in doubt, read the provision itself rather than a summary of it — including this one.

— TaxClue Compliance Desk

Rules 12: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

The person in charge of the place at which the excess discharge occurs or is apprehended to occur.

"Forth with", which means immediately; the rule prints no hours or days.

No. The rule says "all" the listed authorities, including the district emergency officer and the Schedule V authorities.

Yes. The rule covers a discharge that is "apprehended to occur".

Prohibit or restrict the handling of hazardous substances in an area, including their imports and exports, after the notice and objection procedure in rule 13(2).

Sixty days to file from publication; the Government considers them within ninety days from publication.