The Environment (Protection) Act, 1986
Administered Ministry: Ministry of Environment, Forest and Climate Change
Section
Section 15C Adjudicating officer.
1[15C. Adjudicating officer.--(1) The Central Government, for the purposes of determining the penalties under this Act, may appoint an officer not below the rank of Joint Secretary to the Government of India or a Secretary to the State Government to be the adjudicating officer, to hold an inquiry and to impose penalty in the manner, as may be prescribed:
Provided that the Central Government may appoint as many adjudicating officers as may be required.
(2) The adjudicating officer may--
(a) call upon any person alleged to have contravened or not complied with the provisions of this Act and the rules made thereunder or having the knowledge of the facts and circumstances of the case;
(b) require such person to produce any record, register or other document in his possession or any other document, which in the opinion of the adjudicating officer may be relevant to the subjectmatter.
(3) The adjudicating officer shall, after giving the person a reasonable opportunity of being heard in the matter, and if, on such inquiry, he is satisfied that the person concerned has contravened or has not complied with the provisions of this Act or the rules made thereunder, he may impose such penalty as he thinks fit in accordance with the provisions of sections 14A, 14B, 15, 15A or section 15B, as the case may be
(4) The adjudicating officer, while adjudicating the quantum of penalty under sub-section (3), shall have due regard to the following, namely:--
(a) the population and the area impacted or affected due to such contravention or noncompliance;
(b) the frequency and duration of such contravention or non-compliance;
(c) the vulnerability of the class of persons likely to be adversely affected by such contravention or non-compliance;
(d) the damage caused or likely to be caused to any person, as a result of such contravention or non-compliance, if any;
(e) the undue gain derived out of such contravention or non-compliance; and
(f) such other factor, as may be prescribed
(5) The amount of penalty imposed under the provisions of sections 14A, 14B, 15, 15A or 15B, as the case may be, shall be in addition to the liability to pay relief or compensation under section 15 read with section 17 of the National Green Tribunal Act, 2010 (19 of 2010).]
Provided that the Central Government may appoint as many adjudicating officers as may be required.
(2) The adjudicating officer may--
(a) call upon any person alleged to have contravened or not complied with the provisions of this Act and the rules made thereunder or having the knowledge of the facts and circumstances of the case;
(b) require such person to produce any record, register or other document in his possession or any other document, which in the opinion of the adjudicating officer may be relevant to the subjectmatter.
(3) The adjudicating officer shall, after giving the person a reasonable opportunity of being heard in the matter, and if, on such inquiry, he is satisfied that the person concerned has contravened or has not complied with the provisions of this Act or the rules made thereunder, he may impose such penalty as he thinks fit in accordance with the provisions of sections 14A, 14B, 15, 15A or section 15B, as the case may be
(4) The adjudicating officer, while adjudicating the quantum of penalty under sub-section (3), shall have due regard to the following, namely:--
(a) the population and the area impacted or affected due to such contravention or noncompliance;
(b) the frequency and duration of such contravention or non-compliance;
(c) the vulnerability of the class of persons likely to be adversely affected by such contravention or non-compliance;
(d) the damage caused or likely to be caused to any person, as a result of such contravention or non-compliance, if any;
(e) the undue gain derived out of such contravention or non-compliance; and
(f) such other factor, as may be prescribed
(5) The amount of penalty imposed under the provisions of sections 14A, 14B, 15, 15A or 15B, as the case may be, shall be in addition to the liability to pay relief or compensation under section 15 read with section 17 of the National Green Tribunal Act, 2010 (19 of 2010).]
1. Subs. by Act 18 of 2023, s. 2 and Schedule, for sections 15 to 17 (w.e.f. 1-4-2024).
Section 15D Appeal.
1[15D. Appeal--(1) Whoever aggrieved by the order, passed by the adjudicating officer under this Act may prefer an appeal to the National Green Tribunal established under section 3 of the National Green Tribunal Act, 2010 (19 of 2010).
(2) Every appeal under sub-section (1) shall be filed within sixty days from the date on which the copy of the order made by the adjudicating officer is received by the aggrieved person.
(3) The Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such order as it thinks fit, confirming, modifying or setting aside the order appealed against.
(4) Where an appeal is preferred against any order of the adjudicating officer under sub-section (1), such appeal shall not be entertained by the Tribunal unless such person has deposited with the Tribunal ten per cent. of the amount of the penalty imposed by the adjudicating officer.]
(2) Every appeal under sub-section (1) shall be filed within sixty days from the date on which the copy of the order made by the adjudicating officer is received by the aggrieved person.
(3) The Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such order as it thinks fit, confirming, modifying or setting aside the order appealed against.
(4) Where an appeal is preferred against any order of the adjudicating officer under sub-section (1), such appeal shall not be entertained by the Tribunal unless such person has deposited with the Tribunal ten per cent. of the amount of the penalty imposed by the adjudicating officer.]
1. Subs. by Act 18 of 2023, s. 2 and Schedule, for sections 15 to 17 (w.e.f. 1-4-2024).
Section 15E Penalty amount to be credited to Environmental Protection Fund
1[15E. Penalty amount to be credited to Environmental Protection Fund.--Where any penalty or additional penalty, as the case may be, is imposed under sections 14A, 14B, 15, 15A or section 15B, the amount of the penalty shall be credited to the Environmental Protection Fund established under section 16.]
1. Subs. by Act 18 of 2023, s. 2 and Schedule, for sections 15 to 17 (w.e.f. 1-4-2024).
Section 15F Offence for failure to pay penalty or additional penalty
1[15F. Offence for failure to pay penalty or additional penalty.--(1) Where any person fails to pay the penalty or additional penalty, as the case may be, under sections 14A, 14B, 15, 15A or section 15B within ninety days of such imposition, he shall be liable for imprisonment which may extend to three years or with fine which may extend to twice the amount of the penalty or with both.
(2) Where any offence under sub-section (1) has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of offence and he shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any person liable to any punishment provided in sub-section (1), 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.
(3) Notwithstanding anything contained in sub-section (2), where an offence 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 be 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" includes body corporate, firm, trust, society and any other association of individuals;
(b) "director" includes director of the company, partner of the firm, members of the society or trust or member of any association of individuals, as the case may be.]
(2) Where any offence under sub-section (1) has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of offence and he shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any person liable to any punishment provided in sub-section (1), 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.
(3) Notwithstanding anything contained in sub-section (2), where an offence 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 be 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" includes body corporate, firm, trust, society and any other association of individuals;
(b) "director" includes director of the company, partner of the firm, members of the society or trust or member of any association of individuals, as the case may be.]
1. Subs. by Act 18 of 2023, s. 2 and Schedule, for sections 15 to 17 (w.e.f. 1-4-2024).
Section 16 Environmental Protection Fund.
1[CHAPTER IIIA
FUND, ACCOUNTS AND AUDIT
16. Environmental Protection Fund.--(1) The Central Government may, by notification in the Official Gazette, establish a fund to be known as the Environmental Protection Fund.
(2) There shall be credited to the Fund
(a) the amount of penalty imposed under the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981), and under this Act;
(b) the interest or other income received out of investments made from the Fund; and
(c) any other amount from such sources, as may be prescribed.
(3) The Fund shall be applied for--
(a) the promotion of awareness, education and research for the protection of environment;
(b) the expenses for achieving the objects and for purposes of the Air (Prevention and Control of Pollution) Act, 1981(14 of 1981) and under this Act;
(c) such other purposes, as may be prescribed.
(4) The Central Government shall notify the administrator for the administration of the Fund and other matters connected therewith and incidental thereto in such manner, as may be prescribed.
(5) The Central Government shall allocate seventy-five per cent. of the amount of penalties to the State Governments or Union territory administrations, which has been credited to the Fund.
FUND, ACCOUNTS AND AUDIT
16. Environmental Protection Fund.--(1) The Central Government may, by notification in the Official Gazette, establish a fund to be known as the Environmental Protection Fund.
(2) There shall be credited to the Fund
(a) the amount of penalty imposed under the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981), and under this Act;
(b) the interest or other income received out of investments made from the Fund; and
(c) any other amount from such sources, as may be prescribed.
(3) The Fund shall be applied for--
(a) the promotion of awareness, education and research for the protection of environment;
(b) the expenses for achieving the objects and for purposes of the Air (Prevention and Control of Pollution) Act, 1981(14 of 1981) and under this Act;
(c) such other purposes, as may be prescribed.
(4) The Central Government shall notify the administrator for the administration of the Fund and other matters connected therewith and incidental thereto in such manner, as may be prescribed.
(5) The Central Government shall allocate seventy-five per cent. of the amount of penalties to the State Governments or Union territory administrations, which has been credited to the Fund.
1. Ins. by Act 18 of 2023, s. 2 and the Schedule (w.e.f. 1-4-2024).
Section 16A Accounts and audit of Fund.
1[16A. Accounts and audit of Fund.--(1) The Central Government shall maintain separate accounts and other relevant records in relation to the Environmental Protection Fund and prepare an annual statement of accounts in such form, as may be prescribed, in consultation with the Comptroller and Auditor-General of India
(2) The accounts of the Fund shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and such audited accounts together with the audit report thereon shall be forwarded annually to the Central Government.]
(2) The accounts of the Fund shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and such audited accounts together with the audit report thereon shall be forwarded annually to the Central Government.]
1. Ins. by Act 18 of 2023, s. 2 and the Schedule (w.e.f. 1-4-2024).
Section 16B Annual report.
1[16B. Annual report.--The Central Government shall prepare its annual report in relation to Environmental Protection Fund giving a full account of its activities defined under this Act in such form, as may be prescribed, for each financial year during the previous financial year, and shall be laid before each House of Parliament along with audit report given by the Comptroller and Auditor-General of India.]
1. Ins. by Act 18 of 2023, s. 2 and the Schedule (w.e.f. 1-4-2024).
Section 17 Offences by Government Departments.
(1) Where an offence under this Act has been committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this section shall render such Head of the Department liable to any punishment 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 Department of Government 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 officer, other than the Head of the Department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Provided that nothing contained in this section shall render such Head of the Department liable to any punishment 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 Department of Government 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 officer, other than the Head of the Department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Section 18 Protection of action taken in good faith.
No suit, prosecution or other legal proceeding shall lie against the Government or any officer or other employee of the Government or any authority constituted under this Act or any member, officer or other employee of such authority in respect of anything which is done or intended to be done in good faith in pursuance of this Act or the rules made or orders or directions issued thereunder.
Section 19 Cognizance of offences.
No court shall take cognizance of any offence under this Act except on a complaint made by,--
(a) the Central Government or any authority or officer authorised in this behalf by that Government; or
1[(aa) adjudicating officer or any officer authorised by him in this behalf;]
(b) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Central Government or the authority or officer authorised as aforesaid.
(a) the Central Government or any authority or officer authorised in this behalf by that Government; or
1[(aa) adjudicating officer or any officer authorised by him in this behalf;]
(b) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Central Government or the authority or officer authorised as aforesaid.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024).
Section 20 Information, reports or returns.
The Central Government may, in relation to its functions under this Act, from time to time, require any person, officer, State Government or other authority to furnish to it or any prescribed authority or officer any reports, returns, statistics, accounts and other information and such person, officer, State Government or other authority shall be bound to do so.
Section 21 Members, officers and employees of the authority constituted under Section 3 to be public servants.
All the members of the authority, constituted, if any, under section 3 and all officers and other employees of such authority when acting or purporting to act in pursuance of any provisions of this Act or the rules made or orders or directions issued thereunder shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code (45 of 1860).
Section 22 Bar of jurisdiction.
No civil court shall have jurisdiction to entertain any suit or proceeding in respect of anything done, action taken or order or direction issued 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. 1 docs
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[24. Effect of other laws.--The provisions of this Act and the rules or orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.]
1. Subs. by Act 18 of 2023, s. 2 and Schedule, for section 24 (w.e.f. 1-4-2024).
Section 25 Power to make rules. 42 docs
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7;
(b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled 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 section 13;
1[(ga) the manner of holding inquiry and imposing penalty by the adjudicating officer under sub-section (1) and other factors for determining quantum of penalty under clause (f) of sub-section (4) of section 15C;
(gb) the other amount under clause (c) of sub-section (2) of section 16;
(gc) the other purposes under clause (c) of sub-section (3) of section 16;
(gd) the manner of administration of Fund under sub-section (4) of section 16;
(ge) form for maintenance of accounts of the Fund and for preparation of annual statement of accounts under sub-section (1) of section 16A;
(gf) form for preparing annual report of the Fund under section 16B;]
(h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19;
(i) the authority or officer to whom any reports, returns, statistics accounts and other information shall be furnished under section 20;
(j) any other matter which is required to be, or may be, prescribed.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7;
(b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled 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 section 13;
1[(ga) the manner of holding inquiry and imposing penalty by the adjudicating officer under sub-section (1) and other factors for determining quantum of penalty under clause (f) of sub-section (4) of section 15C;
(gb) the other amount under clause (c) of sub-section (2) of section 16;
(gc) the other purposes under clause (c) of sub-section (3) of section 16;
(gd) the manner of administration of Fund under sub-section (4) of section 16;
(ge) form for maintenance of accounts of the Fund and for preparation of annual statement of accounts under sub-section (1) of section 16A;
(gf) form for preparing annual report of the Fund under section 16B;]
(h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19;
(i) the authority or officer to whom any reports, returns, statistics accounts and other information shall be furnished under section 20;
(j) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024).
Section 26 Rules made under this Act to be laid before Parliament.
Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.