Rules 1 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
These Rules set the procedure by which an adjudicating officer decides whether a person has contravened sections 7 to 11 of the Environment (Protection) Act, 1986. Rules 1 to 4 cover who can complain and in what form, the show cause notice, the reply, the hearing and evidence, the order, and the six-month time limit for finishing the proceeding.
These Rules are current as amended up to their notification in 2024 (S.O. 4790(E), 4 November 2024); no amendment found to 3 October 2026. Later amendments and notifications should be checked. If you have received a show cause notice or a complaint, see our legal dispute resolution service.
A complaint is filed in Form I with the adjudicating officer by a Board, Committee, the Commission for Air Quality Management, an Integrated Regional Office or "any other persons" (rule 3). Within thirty days of receiving it, the officer issues a show cause notice in Form II, with not less than fifteen days to reply (rule 4(1)). After the hearing and evidence, the officer may impose a penalty by a reasoned written order, and must complete the proceeding within six months from issuing the notice (rule 4(11)).
Rule 1 and rule 2: title, commencement and definitions
The Rules may be called the Environment Protection (Manner of Holding Inquiry and Imposition of Penalty) Rules, 2024 and came into force on publication in the Official Gazette. They were made under sections 6 and 25 of the Act. In them, "adjudicating officer" means an officer appointed under section 15C of the Act, and "form" means a form appended to the Rules. The Act's provisions on the adjudicating officer and the appeal are explained in sections 15C and 15D.
Rule 3: who may complain, and about what
The Central Pollution Control Board, State Pollution Control Boards, Pollution Control Committees, the Commission for Air Quality Management and the Integrated Regional Offices of the Ministry of Environment, Forest and Climate Change, in their respective jurisdictions and through their authorised officers, "or any other persons", may file a complaint in Form I. It can be filed "through electronic means or speed post or by hand" with the adjudicating officer.
The complaint must concern a contravention committed under sections 7, 8, 9, 10 and 11 of the Act. Those sections deal with emission standards, hazardous substance safeguards, accident intimation, entry and inspection, and sampling. They are explained in sections 7 and 8, section 9 and sections 10 and 11.
Form I asks for the complainant's particulars, the particulars of the complaint (date, time and instance of the alleged contravention, a statement of contravention with all material particulars, evidence in support, and a tentative amount of damage in pecuniary terms with a cost break-up) and a declaration of correctness. The reference to "any other persons" means that a private person can also complain. A business should therefore treat a neighbour's or an activist's complaint as capable of starting an inquiry.
Rule 4: holding the inquiry
| Sub-rule | Step |
|---|---|
| 4(1) | Within thirty days of receipt of the complaint the adjudicating officer issues a notice in Form II requiring the person to show cause, within the period stated (not less than fifteen days from service), why an inquiry should not be held |
| 4(2) | Every notice indicates the nature of the contravention alleged |
| 4(3) | After considering the cause shown, if the officer thinks an inquiry should be held, a notice requires personal appearance, or appearance through a duly authorised legal representative, on a fixed date |
| 4(4) | On that date the officer explains the contravention and the provision of the Act involved |
| 4(5) | The person may produce documents or evidence under Form III; the hearing may be adjourned; the officer is not bound by the Bharatiya Sakshya Adhiniyam, 2023 |
| 4(6) | The officer may require and enforce the attendance of any person acquainted with the facts, to give evidence or produce a document |
| 4(7) | If the person fails or refuses to appear, the officer may proceed in his absence after recording reasons |
| 4(8) | If satisfied on the evidence that the contravention is committed, the officer may by written order impose such penalty under the Act as he considers reasonable |
| 4(9) | The order must specify the provision of the Act contravened and contain the reasons for the penalty |
| 4(10) | A copy of the order and all other copies of proceedings is supplied without charge to the complainant and to the person against whom the inquiry was held |
| 4(11) | The officer completes the proceeding within six months from the issuance of the notice to the opposite party |
| 4(12) | Service of notice or order is by delivering or tendering it, by electronic means or registered or speed post to the residence, last known residence or business address, or, if neither works, by affixing it on the outer door or a conspicuous part of the premises |
The Form II notice is a show cause why an inquiry should not be held; it is the first step, not the inquiry itself. Form III is the contravener's "counter statement" to the complaint, giving the grounds, an address and the signature of the contravener or an authorised representative.
What the time limits mean
- Thirty days is the officer's time to issue the Form II notice after receiving the complaint.
- Not less than fifteen days from service is the minimum time to show cause. The notice itself states the period.
- Six months runs from the issuance of the notice, not from the complaint. Rule 7 allows the officer, for reasons recorded in writing and where there is reasonable cause, to extend any period in the Rules; see rules 5 to 8.
Because service can be by electronic means, an email address given to a regulator may become the address at which a notice is treated as served. Keep it monitored.
Practical steps on receiving a notice
- Diarise the reply date from the date of service.
- Read the notice for the alleged contravention and the section of the Act named in it.
- Reply in writing with documents; evidence is offered under Form III.
- Appear personally or through an authorised legal representative; non-appearance lets the officer proceed after recording reasons.
- Ask for the copies of the order and proceedings; they are due without charge.
- Note the appeal route under section 15D of the Act; see the sister article for the period and deposit.
Example
A neighbouring resident files a complaint in Form I against Narmada Cold Storage Private Limited, alleging that an ammonia leak was not reported. The adjudicating officer issues a Form II notice twenty days after receiving the complaint, giving the company fifteen days to show cause. The company replies that it did intimate the authorities and attaches its log. The officer decides that an inquiry should be held, fixes a date, hears the company's counsel and takes the log as evidence under Form III. The order, with reasons and the provision of the Act, follows within the six months and is supplied to both sides.
Need help with a show cause notice?
Inquiry steps are short and the evidence stage is where cases are won or lost. Our legal dispute resolution team can help you prepare the reply, organise the evidence under Form III and represent you at the hearing.
Key takeaways
- Boards, Committees, the CAQM, Integrated Regional Offices and "any other persons" can complain in Form I.
- The complaint must relate to sections 7 to 11 of the EP Act.
- Show cause notice in Form II within thirty days; at least fifteen days to reply.
- Evidence under Form III; the officer is not bound by the Bharatiya Sakshya Adhiniyam, 2023.
- The order must give reasons and name the provision; the proceeding should be completed within six months of the notice.
Read next
- Rules 5-8 of the EP Inquiry and Penalty Rules: penalty factors, extension and order
- Air Inquiry and Penalty Rules 2024: adjudicating officer procedure under the Air Act
- Sections 15C and 15D of the EP Act: adjudicating officer, inquiry and appeal
- Section 15 to 15B of the EP Act: residuary penalty
Disclaimer: Based on the environment rules, guidelines and notifications named above as published in the Gazette of India, read with every amendment notified up to 3 October 2026 that the article names (consolidated reading texts from the CPCB 2021 compilation and the Goa State Pollution Control Board 2025 compilation were checked against the amending notifications), as consulted on 3 October 2026. Later amendments, CPCB guidelines, State Board orders and fees should be checked. This article is general information, not legal advice; check the official text before acting.