Adjudicating officer

Section 15C of the Environment (Protection) Act, 1986 deals with adjudicating officer. The Central Government, for the purposes of determining the penalties under this Act, may appoint an officer not below the rank of Joint Secretary to the Government of India or a Secretary to the State Government to be the adjudicating officer, to hold an inquiry and to impose penalty in the manner, The Act came into force on 19 Nov 1986.

¹[15C. Adjudicating officer.--(1) The Central Government, for the purposes of determining the penalties under this Act, may appoint an officer not below the rank of Joint Secretary to the Government of India or a Secretary to the State Government to be the adjudicating officer, to hold an inquiry and to impose penalty in the manner, as may be prescribed:

Provided that the Central Government may appoint as many adjudicating officers as may be required.

(2) The adjudicating officer may--

(a) call upon any person alleged to have contravened or not complied with the provisions of this Act and the rules made thereunder or having the knowledge of the facts and circumstances of the case;

(b) require such person to produce any record, register or other document in his possession or any other document, which in the opinion of the adjudicating officer may be relevant to the subjectmatter.

(3) The adjudicating officer shall, after giving the person a reasonable opportunity of being heard in the matter, and if, on such inquiry, he is satisfied that the person concerned has contravened or has not complied with the provisions of this Act or the rules made thereunder, he may impose such penalty as he thinks fit in accordance with the provisions of sections 14A, 14B, 15, 15A or section 15B, as the case may be

(4) The adjudicating officer, while adjudicating the quantum of penalty under sub-section (3), shall have due regard to the following, namely:--

(a) the population and the area impacted or affected due to such contravention or noncompliance;

(b) the frequency and duration of such contravention or non-compliance;

(c) the vulnerability of the class of persons likely to be adversely affected by such contravention or non-compliance;

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

(e) the undue gain derived out of such contravention or non-compliance; and

(f) such other factor, as may be prescribed

(5) The amount of penalty imposed under the provisions of sections 14A, 14B, 15, 15A or 15B, as the case may be, shall be in addition to the liability to pay relief or compensation under section 15 read with section 17 of the National Green Tribunal Act, 2010 (19 of 2010).]

Section 15C, The Environment (Protection) Act, 1986 (Act 29 of 1986).