Section 15 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.
Section 15 is the catch-all penalty: any contravention for which the Act provides no other penalty carries a penalty of its own. Section 15A sets a separate and higher penalty where the contravener is a company. Section 15B deals with Departments of the Central or State Government, and fixes the penalty on the Head of the Department and on a neglectful officer.
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 that Act raises minimum fines and penalties by ten per cent every three years from its commencement. Later amendments and notifications should be checked. For help in handling a penalty notice, see our legal dispute resolution service.
Section 15: any contravention of the Act, rules, orders or directions "for which no penalty is provided" attracts not less than ten thousand rupees but up to fifteen lakh rupees, plus ten thousand rupees a day if it continues. Section 15A: a company contravening the Act is liable to not less than one lakh rupees but up to fifteen lakh rupees, plus one lakh rupees a day. Section 15B: the Head of a Government Department is liable to a penalty equal to one month of his basic salary, subject to a defence. These sections replaced the old sections 15 to 17.
The background
Sections 15 to 17 of the Act, as they stood until 31 March 2024, were offence provisions and the old section 17 dealt with offences by Government Departments. The Jan Vishwas (Amendment of Provisions) Act, 2023 replaced them from 1 April 2024. Section 17 no longer exists; section 15B now covers Government Departments.
Section 15: the residuary penalty
Section 15(1). "Where any person contravenes or does not comply with any of the provisions of this Act or the rules made or orders or directions issued thereunder for which no penalty is provided, 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 fifteen lakh rupees."
Section 15(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."
The key words are "for which no penalty is provided". Sections 14A and 14B already penalise breaches of sections 7 to 11. Section 15 catches everything else, for example a breach of a direction under section 5, or of a rule that no other section penalises. See section 5 and sections 14A and 14B.
Several of the waste rules refer to this section for contraventions. See the sister explainers on the Plastic Waste Management Rules, 2016, the E-Waste (Management) Rules, 2022 and the Battery Waste Management Rules, 2022.
Section 15A: companies
Section 15A(1). "Where any company contravenes any of the provisions of this Act, the company shall be liable to penalty for each such contravention which shall not be less than one lakh rupees but which may extend to fifteen lakh rupees."
Section 15A(2). "Where any company continues contravention under sub-section (1), the company shall be liable to additional penalty of one lakh rupees for every day during which such contravention continues."
Compare the three tiers for ordinary and company contraveners:
| Provision | Who | Minimum for each contravention | Maximum | Daily additional |
|---|---|---|---|---|
| Section 15 | Any person, for contraventions with no other penalty | Ten thousand rupees | Fifteen lakh rupees | Ten thousand rupees |
| Section 15A | A company, for any contravention of the Act | One lakh rupees | Fifteen lakh rupees | One lakh rupees |
For a company, the starting point for a penalty is therefore much higher than for an individual. Section 15A refers to "any of the provisions of this Act", so on its face it applies to a company for any contravention, and the adjudicating officer decides which penalty section applies to the facts. Section 15C(3) lists sections 14A, 14B, 15, 15A and 15B as the penalties he may impose "as the case may be". The Explanation to section 15F says "company" includes a body corporate, firm, trust, society and any other association of individuals; read it when the contravener is not a limited company.
Section 15B: Government Departments
Section 15B(1). Where a contravention "has been committed by any Department of the Central Government or the State Government, the Head of the Department shall be liable to penalty equal to one month of his basic salary." The proviso gives a defence: he is not liable if he proves that the contravention "was committed without his knowledge or instructions or that he exercised all due diligence to prevent such contravention."
Section 15B(2). Where the contravention "is attributable to any neglect on the part of, any officer, other than the Head of the Department, the officer shall be liable to penalty equal to one month of his basic salary", with a proviso that he is not liable if he proves that he "exercised all due diligence to avoid such contravention."
The measure is "one month of his basic salary", so no money figure is printed. The Head of Department must prove his defence; the burden is on him.
How these sections connect to the rest of the penalty scheme
- Who decides. The adjudicating officer, after an inquiry, under section 15C. See sections 15C and 15D.
- Where the money goes. Section 15E credits penalties under sections 14A, 14B, 15, 15A and 15B to the Environmental Protection Fund.
- If it is not paid. Section 15F makes failure to pay within ninety days an offence. See sections 15E, 15F and 16 to 16B.
- Appeal. To the National Green Tribunal under section 15D.
Practical points
- Companies should assume 15A for company-level contraventions. Plan the exposure using the higher company minimum.
- Record due diligence. For officers and Heads of Departments, the defences turn on knowledge, instructions and due diligence. Contemporaneous records are the proof.
- Check for a more specific penalty first. Section 15 only applies where "no penalty is provided".
- Watch the daily penalty. It runs "for every day" a contravention continues, so quick correction limits exposure.
An example
Kisan Seeds Private Limited fails to comply with a written direction under section 5 to regulate a process. No other section of the Act penalises that failure. The adjudicating officer considers sections 15 and 15A, hears the company and fixes a penalty within the range. In a separate case, a State Government Department is found to have breached the Act; its Head shows that the breach occurred without his knowledge and that he had issued written instructions to prevent it, and so is not liable under the proviso to section 15B(1).
Need help with a penalty notice?
Whether a notice should be met under section 15, 15A or 15B changes the exposure. Our legal dispute resolution team can help you read the notice, assemble the defence and appear before the adjudicating officer.
Key takeaways
- Section 15 is the residuary penalty: ten thousand to fifteen lakh rupees, plus ten thousand rupees a day.
- Section 15A applies to a company: one lakh to fifteen lakh rupees, plus one lakh rupees a day.
- Section 15B penalises the Head of a Government Department, and a neglectful officer, one month of basic salary each, with due diligence defences.
- The old section 17 is gone; section 15B now covers Government Departments.
- Minimums rise by ten per cent every three years under section 3 of the Jan Vishwas Act, 2023.
Read next
- Sections 14A and 14B: the civil penalties
- Sections 15C and 15D: the adjudicating officer and the appeal
- Sections 15E, 15F and 16 to 16B: the Fund and failure to pay
- Rules 5 to 8 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.