15B. Appeal.—
(1) Whoever aggrieved by the order, passed by the adjudicating officer under section
15A, 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.]
16. [Offences by companies.]—Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2023
(18 of 2023), s. 2 and Schedule (w.e.f. 1-4-2024).
1
[17. Penalty for contravention by Government Department.—
(1) Where contravention of any
provision of this Act has been committed by any Department of the Central Government or State
Government, the Head of the Department shall be liable to penalty equal to one month of his basic salary:
Provided that he shall not be liable for such contravention, if he proves that the contravention was
committed without his knowledge or instructions or that he exercised all due diligence to prevent such
contravention.
(2) Where any contravention under sub-section
(1) is attributable to any neglect on the part of, any
officer, other than the Head of the Department, he shall be liable to penalty equal to one month of his
basic salary:
Provided that he shall not be liable for the contravention, if he proves that he exercised all due
diligence to avoid such contravention.
17A. Penalty amount to be credited to Environmental Relief Fund.—Where any penalty or
additional penalty, as the case may be, is imposed under section 14 or section 15 or section 17, the
amount of such penalty shall be credited to the Environmental Relief Fund established under section 7A.
17B. Offence for failure to pay penalty or additional penalty.—
(1) Where any person fails to pay
the penalty or additional penalty imposed for—
(a) contravention or continued contravention under section 14 or 17, as the case may be; or
(b) non-compliance of the directions issued under section 15, within ninety days of such
imposition, he shall be liable for imprisonment which may extend to three years or with fine which
may extend up to fifteen lakh rupees, or with both.
(2) Where any offence under subsection
(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
1. Subs. by Act 18 of 2023, s. 2 and Schedule for section 17 (w.e.f. 1-4-2024).
8
the conduct of the business of the company, as well as the company, shall be deemed to be guilty of such
offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment provided in this Act, 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 under this Act 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” means any body corporate and includes a firm or other association of individuals;
(b) “director” includes director of the company and in relation to a firm, a partner in the firm.]
18. 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
(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.
19. Power to delegate.—The Central Government may, by notification, 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 under section 23) as it may deem necessary or expedient to any person
(including any officer, authority or other agency).
20. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall
lie against the Government or the person, officer, authority or other agency 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.
21. Advisory Committee.—
(1) The Central Government may, from time to time, constitute an
Advisory Committee on the matters relating to the insurance policy under this Act.
(2) The Advisory Committee shall consist of—
(a) three officers representing the Central Government;
(b) two persons representing the insurers;
(c) two persons representing the owners; and
(d) two persons from amongst the experts of insurance or hazardous substances.
to be appointed by the Central Government.
(3) The Chairman of the Advisory Committee shall be one of the members representing the Central
Government, nominated in this behalf by that Government.
22. Effect of other laws.—The provisions of this Act and any rules made thereunder shall have
effect notwithstanding anything inconsistent therewith contained in any other law.
23. Power to make rules.—
(1) The Central Government may, by notification, make rules for
carrying out the purposes of this Act.
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(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—
1 2
[ [
(a) such amount under subsection (2A) of section 4;]
(aa) the amount required to be paid by every owner for being credited to the Relief Fund under
sub-section (2C) of section 4;
(ab) the manner in which and the period within which the amount received from the owner is
required to be remitted by the insurer under sub-section (2D) of section 4];
3
[(ac)] establishment and maintenance of fund under sub-section
(3) of section 4;
(b) the form of application and the particulars to be given therein and the documents to
accompany such application under sub-section
(2) of section 6;
(c) the procedure for holding an inquiry under sub-section
(4) of section 7;
(d) the purposes for which the Collector shall have powers of a Civil Court under sub-section
(5)
of section 7;
(e) 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 18;
4
[(ea) amount or relief and any other loss or damage under subsection
(1) of section 3;
(eb) such other person under sub-section (1A) of section 6;
(ec) manner of allocation of fund for restoration of damage under sub-section
(9) of section 7;
(ed) any other amount from other sources under clause
(d) of subsection (1A) of section 7A;
(ee) manner of holding inquiry and imposing penalty under subsection
(1) of section 15A;]
(f) any other matter which is required to be, or may be, prescribed.
(3) Every 5[rule or scheme] 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 5[rule or scheme] or both Houses agree that the 5[rule or scheme] should not be made,
the 5[rule or scheme] 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 5[rule or scheme].
1. Ins. by Act 11 of 1992, s. 7 (w.e.f. 31-1-1992).
2. Subs. by Act 18 of 2023, s. 2 and Schedule for clause
(a) (w.e.f. 1-4-2024).
3. Clause
(a) shall be re-lettered as clause (ac) by Act 11 of 1992, s. 7, (w.e.f. 31-1-1992).
4. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024).
5. Subs. by Act 11 of 1992, s. 7, for “rule” (w.e.f. 31-1-1992).
10
THE SCHEDULE— Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2023 (18 of 2023), s. 2
and Schedule (w.e.f. 1-4-2024).
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