The Ministry of Environment, Forest and Climate Change on November 4th 2024 has issued the Environment Protection (Manner of Holding Inquiry and Imposition of Penalty) Rules, 2024. These rules establish a structured process for addressing environmental violations under the Environment (Protection) Act, 1986. With the aim of ensuring accountability and timely justice for environmental transgressions, these rules provide clear guidelines on how complaints are filed, how inquiries are conducted, and how penalties are imposed for various contraventions.
1. Introduction and Applicability
The rules, known as the Environment Protection (Manner of Holding Inquiry and Imposition of Penalty) Rules, 2024, have been implemented to bring more clarity and efficiency to the enforcement of the Environment (Protection) Act.
2. Key Definitions You Should Know
- Adjudicating Officer: This is the officer responsible for overseeing the inquiry process and imposing penalties. The officer is appointed under Section 15C of the Environment Protection Act.
- Complaint: A formal report or accusation made to the adjudicating officer about a violation of the provisions under Sections 7-11 of the Environment Protection Act.
- Form: The rules refer to specific forms (Form-I, Form-II, Form-III) that serve as templates for filing complaints, issuing notices, and submitting evidence during inquiries.
3. Filing a Complaint: Who Can Take Action
Complaints regarding environmental violations can be filed by various stakeholders including:
- Central Pollution Control Board (CPCB)
- State Pollution Control Boards (SPCB)
- Pollution Control Committees
- Commission for Air Quality Management
- Integrated Regional Offices of the Ministry of Environment, Forest, and Climate Change
In addition to these bodies, any individual can also file a complaint through these authorities. Complaints can be submitted via electronic means, speed post, or by hand to the adjudicating officer.
4. The Inquiry Process: How Does It Work
Once a complaint is received, the adjudicating officer initiates the inquiry process by issuing a show cause notice to the alleged violator. The steps in the inquiry process are as follows:
- Notice to Show Cause: The adjudicating officer must issue a notice within 30 days of receiving the complaint. The violator is given at least 15 days to respond, explaining why an inquiry should not be held.
- Opportunity to Defend: If the officer decides an inquiry is warranted, the violator or their legal representative is summoned for a hearing. During this session, the adjudicating officer explains the nature of the alleged contravention.
- Submission of Evidence: The violator has the opportunity to submit any relevant documents or evidence to defend themselves. The inquiry may be adjourned if necessary, and evidence is presented without the need for formal adherence to strict evidentiary rules.
- Failure to Appear: If the person fails to appear, the officer may continue the inquiry in their absence, provided reasons for this decision are documented.
- Final Decision: After reviewing the evidence, the adjudicating officer will determine whether a contravention has occurred. If guilty, a penalty will be imposed, and an order will be issued outlining the reasons for the penalty.
5. Factors Influencing the Penalty
When determining the amount of the penalty, the adjudicating officer will take several factors into account, including:
- Size of the Project: Whether it’s a large, medium, or small-scale project.
- Category of Industry: The type of industry involved in the violation.
- Type of Violation: This could include issues like operating without environmental clearance, non-compliance with prescribed standards, or failure to follow environmental safeguards.
- Extent of Deviation: How far the violation deviates from environmental standards.
- Health and Environmental Impacts: The severity of the potential or actual harm caused.
- Undue Financial Gain: Whether the violator has derived any financial benefit from the violation.
- Repetitiveness: Whether the violation is part of a recurring pattern of non-compliance.
These factors ensure that penalties are proportionate to the severity of the violation and its potential impact on public health and the environment.
6. Extension of Time for the Inquiry
The adjudicating officer has the discretion to extend any time limit specified in the rules, provided there is a reasonable cause for the delay. The extension will be documented in writing.
7. Issuing Orders and Penalties
Once the inquiry is concluded, the adjudicating officer issues a written order with the imposed penalty and the reasons for it. The penalty amount is then credited to the Environment Protection Fund, which is established under Section 16 of the Environment (Protection) Act.
8. Service of Notices and Orders
Notices and orders can be served in several ways:
- In Person: Delivered directly to the violator or their representative.
- Electronic Means: Sent through email or other electronic communication methods.
- Postal Service: Sent via registered or speed post to the last known address.
- Affixing Notice: If other methods fail, the notice may be affixed to the outer door or a conspicuous part of the violator’s premises.
9. Transfer of Complaint
If the adjudicating officer believes they do not have jurisdiction over the complaint, the case will be transferred to the appropriate officer within 15 days of receiving the complaint. The new officer will continue the inquiry from the stage at which it was transferred.
10. Ensuring Fairness and Accountability
The new rules emphasize transparency, fairness, and accountability in environmental enforcement. The time-bound nature of the process ensures that cases are resolved promptly, while the detailed factors for penalty assessment ensure that penalties are tailored to the specifics of each case.
Forms Introduced:
Effective Form: November 4th 2024
