Penalty for contravention by Government Department
Section 15B of the Environment (Protection) Act, 1986 deals with penalty for contravention by Government Department. Where contravention of any of the provision of this Act has been committed by any Department of the Central Government or the 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, i The Act came into force on 19 Nov 1986.
1[15B. Penalty for contravention by Government Department.--(1) Where contravention of any of the provision of this Act has been committed by any Department of the Central Government or the 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, the officer 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.]
Section 15B, The Environment (Protection) Act, 1986 (Act 29 of 1986).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Vanashakti vs Union Of India
Court's Decision & Legal Precedent
The prior environmental clearance regime under the 2006 Notification is mandatory and gives expression to the precautionary principle. While breach of this regime attracts civil penalties under Section 15 of the 1986 Act and by necessary implication leads to restoration of status quo ante including closure, demolition, remediation and recovery of costs, the Central Government possesses power under Section 3 of the 1986 Act to issue a narrowly tailored, time-bound, delegated legislation carving an exception to the prior EC requirement in appropriate cases where a supervening public interest justifies controlled continuance subject to stringent appraisal, damage assessment, remediation, compensatory liability and future compliance. Such an exception must satisfy the constitutional tests of reasonable classification under Article 14 and proportionality under Article 21. However, an administrative instruction cannot supplant the 2006 Notification or create a perpetual amnesty regime applicable to all permissible projects without intelligible differentia bearing rational nexus to supervening public interest. The 2017 Notification is valid as such a narrowly tailored exception, but the 2021 Office Memorandum is invalid as it fails the proportionality test by being unlimited in time and class.
On this section: Prescribes penalties for contraventions by Government Departments, with due diligence defence
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 15B
What have the courts held on Section 15B of the Environment (Protection) Act?
Vanashakti vs Union Of India (29 Jul 2026) is the leading judgment on this section among those set out below: Prescribes penalties for contraventions by Government Departments, with due diligence defence.
How do I find court cases under Section 15B of the Environment (Protection) Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Environment Act 15B, section 15B Environment Act, section 15B of the Environment (Protection) Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Vanashakti vs Union Of India (29 Jul 2026).
What should I read with Section 15B of the Environment (Protection) Act, and has it changed?
3 other provisions in this corpus refer back to it.
When did Section 15B of the Environment (Protection) Act come into force?
Section 15B of the Environment (Protection) Act, cited as Environment Act 15B, came into force on 19 Nov 1986, having been enacted on 23 May 1986. It is in force as at the date shown on this page.
Other sections of this Act
- 3. Power of Central Government to take measures to protect and improve environment580 words
- 25. Power to make rules447 words
- 11. Power to take sample and procedure to be followed in connection therewith420 words
- 15C. Adjudicating officer379 words
- 10. Powers of entry and inspection369 words
- 15F. Offence for failure to pay penalty or additional penalty310 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.