Section 15C of The Environment (Protection) Act, 1986 in hindi
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).]
Summary
- The Central Government appoints high-ranking officers to act as judges for environmental penalties.
- An adjudicating officer must be at least a Joint Secretary to the Government of India or a Secretary to a State Government.
- The officer has the power to call witnesses and demand to see records or documents.
- Before any fine is given, the officer must give the person or company a fair chance to explain themselves.
- The officer decides the penalty amount by looking at factors like how many people were affected and how long the pollution lasted.
- Fines from this officer are in addition to any compensation the National Green Tribunal might order.
Practical examples
FAQ
1. Who has the power to decide fines under Section 15C of the Environment Protection Act?
An adjudicating officer appointed by the Central Government, who must be a high ranking official like a Joint Secretary.
2. Can an Adjudicating Officer under Section 15C force me to give them my documents?
Yes, under Section 15C(2), they can require any person to produce records or documents they think are relevant to the case.
3. What does the Adjudicating Officer look at to decide the amount of a fine under Section 15C?
They look at the area and population affected, the duration and frequency of the problem, any damage caused, and any unfair profit made.
4. If I pay a fine under Section 15C of the Environment Protection Act 1986, do I still have to pay the National Green Tribunal?
Yes, Section 15C(5) says this penalty is in addition to any relief or compensation you might owe under the National Green Tribunal Act.
Test yourself
Q1.What is the minimum rank required for a person to be appointed as an adjudicating officer under Section 15C of The Environment (Protection) Act, 1986?
Q2.According to Section 15C of The Environment (Protection) Act, 1986, what must the officer do before imposing a penalty?
Q3.When deciding the size of a penalty for a violation of Section 7 (excessive pollution), which factor must the officer consider under Section 15C of the Act?
Q4.Under Section 15C(5) of The Environment (Protection) Act, 1986, how does the penalty relate to compensation under the National Green Tribunal Act?
Q5.Which of these penalties can an Adjudicating Officer impose under the authority given by Section 15C of The Environment (Protection) Act, 1986?