STRINGENT FINES NOTIFIED FOR NON-COMPLIANCE OF ENVIRONMENT (PROTECTION) ACT 1986 INSTEAD OF REGISTERING CASES IN COURTS.
The Environment (Protection) Act was enacted in 1986 with the objective of providing for the protection and improvement of the environment.
EPA empowers the Central Government to establish authorities [under section 3(3)] charged with the mandate of preventing environmental pollution in all its forms and to tackle specific environmental problems that are peculiar to different parts of the country.
W.E.F. 1.4.2024, Penal provisions under the Act have been decriminalised vide Jan Vishwas (Amendment of Provisions) Act 2023 .
Now Adjudicating Officer can levy penalty without going to the court and filing a case against an errant company or person.
For this purpose Environment Protection (Manner of Holding Inquiry and Imposition of Penalty) Rules 2024 have been notified on 4.11.2024.
MINIMUM RS.1 LAKH AND MAXIMUM RS.15 LAKHS PLUS ADDITIONAL PENALTY OF RS.1 LAKH PER DAY FINE FOR ANY DEVIATION
Now, in case of contravention of any provisions of the Act by a company (which for this purpose includes body corporate, firm, trust or other association of individuals), the person in charge as well as such company shall be liable to pay penalty u/s 15A of an amount of minimum Rs.1 lakh and maximum Rs.15 lakhs plus additional penalty of Rs.1 lakh per day for the period of default.
CONTRAVENTION BY A GOVERNMENT DEPARTMENT
In case of contravention by a Govt. department, the HOD will be liable to pay penalty u/s 15B of an amount up to one month basic pay.
Hence , all the corporates , firms, trusts or other association of individuals shall have to take care of compliances under ENVIRONMENT (PROTECTION) ACT 1986 else they have to pay hefty fines under the vide Jan Vishwas (Amendment of Provisions) Act 2023.
Compliance officers of Indian corporates should take note of the recent amendment so that they are adhering the compliances the vide Jan Vishwas (Amendment of Provisions) Act 2023 to avoid paying hefty fines for the violation.
R V Seckar FCS, LLB
79047 19295
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