Sections 15C and 15D: the Adjudicating Officer and the Appeal

In one line

Since 2024 an officer of the Government decides whether you have broken this Act and how much you pay, and the rules for how he does it were made the same year.

In the wording a student can write in an examination: section 15C of the Environment (Protection) Act 1986 empowers the Central Government to appoint an officer not below the rank of Joint Secretary to the Government of India or a Secretary to the State Government as adjudicating officer to hold an inquiry and impose a penalty in the manner prescribed, section 15D provides an appeal to the National Green Tribunal within sixty days subject to a deposit of ten per cent of the penalty, and the Environment Protection (Manner of Holding Inquiry and Imposition of Penalty) Rules 2024 prescribe the manner.

Section 15C, the officer and the inquiry

Who. An officer not below the rank of Joint Secretary to the Government of India or a Secretary to the State Government. The Central Government may appoint as many adjudicating officers as may be required.

What he does. Holds an inquiry and imposes a penalty in the manner prescribed.

His powers under sub-section (2). He may call upon any person alleged to have contravened or not complied with the provisions of the Act and the rules, or having knowledge of the facts and circumstances of the case, and may require such a person to produce any record, register or other document in his possession or any other document which in his opinion may be relevant to the subject matter.

The hearing under sub-section (3). After giving the person a reasonable opportunity of being heard, and if on such inquiry he is satisfied that the person has contravened or not complied with the provisions of the Act or the rules, he may impose such penalty as he thinks fit in accordance with sections 14A, 14B, 15, 15A or 15B.

The six factors in section 15C(4)

While adjudicating the quantum of the penalty the adjudicating officer shall have due regard to the following, and a student should be able to list them.

(a) The population and the area impacted or affected due to the contravention or non-compliance.

(b) The frequency and duration of the contravention or non-compliance.

(c) The vulnerability of the class of persons likely to be adversely affected.

(d) The damage caused or likely to be caused to any person as a result of the contravention or non-compliance, if any.

(e) The undue gain derived out of the contravention or non-compliance.

(f) Such other factor as may be prescribed.

Two of these repay comment. Clause (c), the vulnerability of the class affected, imports an equity consideration into the quantum, which is unusual and welcome. Clause (e), the undue gain, is the economic answer to the objection that a penalty is a cost of doing business: the penalty is to exceed the gain.