Section 14A 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.
Sections 14A and 14B were inserted from 1 April 2024. Section 14A fixes a civil penalty, with a daily additional penalty, for breaching the emission and hazardous substance duties in sections 7 and 8. Section 14B does the same for the intimation, assistance and sampling duties in sections 9, 10 and 11.
This article is current as amended up to the Jan Vishwas (Amendment of Provisions) Act, 2023 (in force for this Act from 1 April 2024). Section 3 of the Jan Vishwas Act, 2023 raises minimum fines and penalties by ten per cent every three years from its commencement. Later amendments and notifications should be checked, and so should any revised minimum that applies on the date of your case. Until 31 March 2024 these contraventions were offences punishable with imprisonment. For help in defending a penalty proceeding, see our legal dispute resolution service.
Section 14A: contravening section 7 or 8, or the rules under them, attracts a penalty of not less than one lakh rupees but up to fifteen lakh rupees for each contravention, plus fifty thousand rupees for every day it continues. Section 14B: contravening or not complying with section 9, 10 or 11, or orders or directions under them, attracts a penalty of not less than ten thousand rupees but up to five lakh rupees for each contravention, plus ten thousand rupees for every day it continues. An adjudicating officer decides the amount.
What changed in 2024
Before the Jan Vishwas (Amendment of Provisions) Act, 2023 took effect on 1 April 2024, breaches of these provisions were treated as offences. The Act now provides civil penalties instead, decided by an adjudicating officer after an inquiry, with an appeal to the National Green Tribunal. Prosecution remains for the narrower case of failing to pay the penalty; see sections 15E, 15F and 16.
Section 14A: breach of section 7 or section 8
Section 14A(1). "If any person, contravenes provisions of section 7 or section 8 or the rules made thereunder, he shall be liable to penalty in respect of each such contravention, which shall not be less than one lakh rupees but which may extend to fifteen lakh rupees."
Section 14A(2). "Where any person continues contravention under sub-section (1), he shall be liable to additional penalty of fifty thousand rupees for every day during which such contravention continues."
Section 7 is the duty not to discharge or emit pollutants beyond the prescribed standards. Section 8 is the duty to handle hazardous substances only by the prescribed procedure and safeguards. See sections 7 and 8.
Section 14B: breach of sections 9, 10 and 11
Section 14B(1). "If any person contravenes or does not comply with the provisions of section 9, section 10 or section 11 or orders or directions issued under those sections, he shall be liable to penalty in respect of each such contravention which shall not be less than ten thousand rupees but which may extend to five lakh rupees."
Section 14B(2). "Where any person continues contravention under sub-section (1), he shall be liable to additional penalty of ten thousand rupees for every day during which such contravention continues."
Section 9 is the duty to intimate an accidental discharge and to prevent or mitigate it. Section 10 covers inspection, including the duty to assist and the bar on wilful delay or obstruction, and section 11 covers sampling. See section 9 and sections 10 and 11.
The two sections side by side
| Point | Section 14A | Section 14B |
|---|---|---|
| Provisions breached | Section 7 or 8, or the rules under them | Section 9, 10 or 11, or orders or directions under them |
| Minimum for each contravention | One lakh rupees | Ten thousand rupees |
| Maximum for each contravention | Fifteen lakh rupees | Five lakh rupees |
| Additional penalty while it continues | Fifty thousand rupees a day | Ten thousand rupees a day |
| Who decides | Adjudicating officer under section 15C | Adjudicating officer under section 15C |
| Where the money goes | Environmental Protection Fund under section 16 | Environmental Protection Fund under section 16 |
How the amount is fixed
The Act gives a range, not a fixed sum. Within the range, the adjudicating officer must "have due regard" to the factors in section 15C(4): the population and area affected, the frequency and duration, the vulnerability of the persons affected, the damage caused, the undue gain, and such other factor as may be prescribed. See sections 15C and 15D. The manner of the inquiry is in the Inquiry and Penalty Rules, explained in the sister articles on rules 1 to 4 and rules 5 to 8.
Two features of the drafting are worth noting.
- "In respect of each such contravention". The penalty is counted per contravention. Several breaches can mean several penalties, though the adjudicating officer decides how contraventions are counted on the facts.
- The daily penalty applies to a continuing contravention. It runs "for every day during which such contravention continues". The Act does not tell you how to count the first day, so the order will.
The penalty under these sections is in addition to any liability to pay relief or compensation under the National Green Tribunal Act, 2010, by section 15C(5).
Reading the figures correctly
The figures above are as printed in the current text. Section 3 of the Jan Vishwas (Amendment of Provisions) Act, 2023 provides that the fines and penalties in the enactments in its Schedule are increased by ten per cent of the minimum amount every three years after commencement. That means the minimum that applies on a given date may be higher than the printed figure. This article does not compute a revised minimum. Check the notified or current figure for the date of the contravention before you advise a client or reserve a provision.
Steps if a penalty notice arrives
- Identify which section is said to be breached: 14A or 14B.
- Check the dates; the penalty applies from the 1 April 2024 amendments.
- Collect the facts for each of the section 15C(4) factors.
- Reply to the notice within the period it gives, and be ready to appear before the adjudicating officer.
- Note the appeal period of sixty days from receipt of the order, and the ten per cent deposit, under section 15D.
An example
Ambika Metals Private Limited is found, after an inspection, to have no designated person to render assistance and to have delayed a sample visit by hours. That falls in section 14B. Separately, its stack emission exceeded the prescribed standard on a later visit. That falls in section 14A. The adjudicating officer treats these as separate contraventions, hears the company and fixes a penalty in each range after weighing the section 15C(4) factors.
Need help with a penalty proceeding?
Penalty proceedings turn on evidence about duration, impact and gain. Our legal dispute resolution team can help you assemble the record, appear before the adjudicating officer and consider an appeal to the Tribunal.
Key takeaways
- Section 14A: one lakh to fifteen lakh rupees for each contravention of section 7 or 8, plus fifty thousand rupees a day.
- Section 14B: ten thousand to five lakh rupees for each contravention of section 9, 10 or 11, plus ten thousand rupees a day.
- Penalties are civil and are decided by an adjudicating officer under section 15C.
- The printed minimums rise by ten per cent every three years under section 3 of the Jan Vishwas Act, 2023.
- The money goes to the Environmental Protection Fund under section 16.
Read next
- Sections 7 and 8: emission standards and hazardous substance safeguards
- Sections 15 to 15B: the residuary penalty, companies and Government Departments
- Sections 15C and 15D: the adjudicating officer and the appeal
- Rules 1 to 4 of the EP Inquiry and Penalty Rules, 2024
Disclaimer: Based on the Environment (Protection) Act, 1986, the Air (Prevention and Control of Pollution) Act, 1981 and the Public Liability Insurance Act, 1991 as amended by the Jan Vishwas (Amendment of Provisions) Act, 2023 (in force for these Acts from 1 April 2024), the Water (Prevention and Control of Pollution) Act, 1974 as amended by its Amendment Act of 2024 (which applies only in the States and Union territories it names and in States that adopt it), and the National Green Tribunal Act, 2010 as amended by the Tribunals Reforms Act, 2021, as consulted on 3 October 2026. Later amendments, rules and notifications should be checked. This article is general information, not legal advice; check the official text before acting.