Rule 4 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.
Rule 4 is the procedure behind section 5 of the Environment (Protection) Act, 1986. Before the Central Government issues a direction, the person, officer or authority concerned gets a copy of the proposed direction and at least fifteen days to object. The Government then decides within forty-five days, giving written reasons, unless it finds the situation too grave to wait.
This article is current as amended up to 31 March 2021 per the CPCB compilation; no later amendment to rules 1 to 14 has been notified to our knowledge on 3 October 2026. Later amendments, CPCB guidelines and notifications should be checked. If you have received a proposed direction and need to file objections, see our reply to legal notice service.
A direction under section 5 must be in writing and must state the action to be taken and the time to comply (rule 4(1)-(2)). The person affected is served a copy of the proposed direction and gets not less than fifteen days from service to object (rule 4(3)(a)). The Central Government decides within 45 days and records reasons (rule 4(4)), but may issue a direction without inviting objections where there is a likelihood of grave injury to the environment (rule 4(5)).
Rule 4(1) and (2): what a direction must contain
Any direction issued under section 5 must be in writing. It must specify two things: the nature of the action to be taken and the time within which the person, officer or authority to whom it is given must comply. A direction that does not say what to do, or by when, does not meet rule 4. The power behind it, including closure, prohibition or regulation and stoppage of electricity or water, is explained in sections 5 and 5A of the Act.
Rule 4(3)(a): the notice of the proposed direction
Where a direction is only "sought to be issued", the person, officer or authority concerned must be served with a copy of the proposed direction. They must get "an opportunity of not less than fifteen days from the date of service of a notice" to file objections with an officer designated for the purpose. Three points follow:
- The period is counted from service, so the date and manner of service matter (see rule 4(6) below).
- It is a minimum. A longer period is allowed.
- Objections go to the designated officer, not to the Minister or to any officer who happens to be known to you.
Rule 4(3)(b): directions that stop electricity, water or other service
Where the proposed direction is for stoppage or regulation of electricity, water or any other service affecting an industry, operation or process, and is addressed to an officer or authority (such as a power utility), a copy must also be endorsed to the occupier of the industry. The occupier's objections are dealt with in the same way, under sub-rules (3)(a) and (4).
There is one proviso. No fresh opportunity of being heard is given to the occupier if the occupier was already heard earlier and the proposed direction was the resulting decision of the Central Government after that earlier hearing.
Rule 4(4): the decision
Within 45 days from the date of receipt of objections, or from the date up to which an opportunity was given to file objections, whichever is earlier, the Central Government must, after considering the objections and for reasons recorded in writing, do one of three things:
- confirm the proposed direction;
- modify it; or
- decide not to issue it.
"Whichever is earlier" is worth noting. If a person files objections on day three, the clock starts then, not at the end of the objection window. Rule 4 does not say what follows if the 45 days pass; read the section 5 power and the appeal route before deciding how to respond.
Rule 4(5): urgent cases
Where the Central Government is of the opinion that, in view of "the likelihood of a grave injury to the environment", it is not expedient to provide an opportunity to file objections, it may issue the direction without that opportunity. It must record its reasons in writing. The reasons on file are the first thing to examine if you intend to challenge such a direction.
Rule 4(6): when a notice or direction is "duly served"
Every notice or direction under rule 4 is deemed duly served in the following ways.
| Person to be served | Service is valid if the document is |
|---|---|
| A company | Addressed to the company at its registered office or principal office or place of business, and sent by registered post or delivered there |
| An officer serving the Government | Addressed to him with a copy endorsed to his Head of Department and to the Secretary in charge of the department, and sent by registered post or given or tendered to him |
| Any other person | Given or tendered to him; or, if he cannot be found, affixed on a conspicuous part of his last known place of residence or business or given to an adult member of his family, or affixed on the land or building concerned; or sent by registered post |
The explanation says that "company" here means any body corporate and includes a firm or other association of individuals, and that a servant is not a member of the family. An industrial unit should therefore make sure that mail at its registered office is opened and logged promptly. A notice of proposed direction sitting unopened at a registered office can still start the fifteen days.
A worked example
The Central Government proposes to direct Satpura Castings Limited to stop a furnace operation until a pollution control upgrade is completed. A notice with the proposed direction is sent by registered post to the company's registered office and delivered on 4 March. The company has at least fifteen days from 4 March to object. Its legal team files objections with the designated officer on the tenth day, attaching a monitoring report and an upgrade schedule. The Government then has to decide within 45 days from receipt of the objections, recording reasons for any decision to confirm, modify or drop the proposed direction. Had there been a likelihood of grave injury, the Government could instead have issued the direction at once, with written reasons.
Need help with a proposed direction?
A proposed direction under section 5 has a short window for objections. Our reply to legal notice team can help you read the notice, collect technical evidence and prepare objections within the time allowed.
Key takeaways
- Directions under section 5 must be in writing and specify the action and the time to comply.
- A copy of the proposed direction is served first; the minimum objection period is fifteen days from service.
- The Central Government decides within 45 days of receipt of objections (or the end of the window, whichever is earlier), with written reasons.
- Grave injury to the environment allows a direction without an objection opportunity, again with recorded reasons.
- Service on a company at its registered office or principal place of business by registered post is valid service.
Read next
- Rule 5: prohibiting or restricting the location of industries
- Rules 1-3: definitions and standards for emission or discharge
- Sections 5 and 5A of the EP Act: directions, closure and appeal to the NGT
- Sections 1 and 2 of the EP Act: extent, commencement and definitions
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.