PREVENTION, CONTROL AND ABATEMENT OF ENVIRONMENTAL POLLUCTIONCentral

Section 15 of The Environment (Protection) Act, 1986 issued by MoEF GOI

1[15. Penalty for contravention of provisions of Act, rules, orders and directions.--(1) Where any person contravenes or does not comply with any of the provisions of this Act or the rules made or orders or directions issued thereunder for which no penalty is provided, he shall be liable to penalty in respect of each such contravention which shall not be less than ten thousand rupees but which may extend to fifteen lakh rupees.

(2)Where any person continues contravention under sub-section (1), he shall be liable to additional penalty of ten thousand rupees for every day during which such contravention continues.]

Summary

This section establishes the punishments for breaking any part of the 1986 Act or its associated rules and orders.
A person found guilty of a violation can be sentenced to jail for a maximum of five years.
For serious violations that continue for more than a year after the first conviction, the prison term can be increased to seven years.

Practical examples

1Arjun owns a small factory and ignores a formal direction to stop pouring untreated waste into a local stream. A court finds him guilty and sentences him to two years in prison and a fine of 50,000 rupees.

2A company is convicted for emitting toxic smoke beyond legal limits but fails to fix the problem for 15 days after the court verdict. They are ordered to pay an additional 75,000 rupees, calculated at the daily rate of 5,000 rupees for each of those 15 days.

FAQ

1. What is the highest initial fine under Section 15 of the Environment Protection Act?

Under Section 15 of the Environment (Protection) Act, 1986, the highest fine for a first-time failure to follow the law is one lakh rupees.

2. Can I be jailed for more than five years under Section 15 of the 1986 Act?

Yes, if the violation continues for more than one year after the initial date of conviction, Section 15 of the Environment (Protection) Act, 1986 allows for a jail sentence of up to seven years.

3. Does Section 15 apply to breaking government directions or just the Act itself?

Section 15 of the Environment (Protection) Act, 1986 applies to any failure to comply with the Act, its rules, or any orders and directions issued under it.

Test yourself

Q1.Under Section 15 of the Environment (Protection) Act, 1986, what is the maximum prison sentence for an initial violation?

Q2.What is the maximum daily fine for a continuing failure after conviction under Section 15 of the 1986 Environment Act?

Q3.According to Section 15 of the 1986 Act, the jail sentence can increase to seven years if the violation continues for how long after the first conviction?

Q4.Which of the following can lead to a penalty under Section 15 of the Environment (Protection) Act, 1986?

14BPreviousSection 14B Penalty for contravention of sections 9, 10 and 11.15ANextSection 15A Penalty for contravention by companies.

←Section 14B Section 15A→