Offence for failure to pay penalty or additional penalty
Section 15F of the Environment (Protection) Act, 1986 deals with offence for failure to pay penalty or additional penalty. Where any person fails to pay the penalty or additional penalty, as the case may be, under sections 14A, 14B, 15, 15A or section 15B within ninety days of such imposition, he shall be liable for imprisonment which may extend to three years or with fine which may extend to twice the amount of the pen The Act came into force on 19 Nov 1986.
1[15F. Offence for failure to pay penalty or additional penalty.--(1) Where any person fails to pay the penalty or additional penalty, as the case may be, under sections 14A, 14B, 15, 15A or section 15B within ninety days of such imposition, he shall be liable for imprisonment which may extend to three years or with fine which may extend to twice the amount of the penalty or with both.
(2) Where any offence under sub-section (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 the conduct of the business of the company, as well as the company, shall be deemed to be guilty of offence and he shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any person liable to any punishment provided in sub-section (1), 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 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" includes body corporate, firm, trust, society and any other association of individuals;
(b) "director" includes director of the company, partner of the firm, members of the society or trust or member of any association of individuals, as the case may be.]
Section 15F, 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.
This section refers to
- s. 14A Penalty for contravention of section 7 or section 8
- s. 14B Penalty for contravention of sections 9, 10 and 11
- s. 15 Penalty for contravention of the provisions of the Act and the rules, orders and directions
- s. 15A Penalty for contravention by companies
- s. 15B Penalty for contravention by Government Department
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: Makes failure to pay penalty within ninety days an offence punishable with imprisonment up to three years or fine up to twice the penalty
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.
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 15F
What have the courts held on Section 15F 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: Makes failure to pay penalty within ninety days an offence punishable with imprisonment up to three years or fine up to twice the penalty.
How do I find court cases under Section 15F 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 15F, section 15F Environment Act, section 15F 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 15F of the Environment (Protection) Act, and has it changed?
Its own text turns on section 14A (Penalty for contravention of section 7 or section 8), section 14B (Penalty for contravention of sections 9, 10 and 11), section 15 (Penalty for contravention of the provisions of the Act and the rules, orders and directions), section 15A (Penalty for contravention by companies), and on 1 further provision, so none of them can safely be read on its own. One instrument names it without being made under it, most recently SO 418(E) dated 18-07-2024-Draft Notification for Amendment in EIA Notification 2006 (2024).
When did Section 15F of the Environment (Protection) Act come into force?
Section 15F of the Environment (Protection) Act, cited as Environment Act 15F, 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
- 9. Furnishing of information to authorities and agencies in certain cases241 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.