Sections 15C 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.
Since 1 April 2024, penalties under the Environment (Protection) Act are fixed by an adjudicating officer, not by a criminal court. Section 15C says who the officer is, what powers the officer has, and the six factors that guide the amount. Section 15D gives the appeal to the National Green Tribunal, within sixty days and on a deposit of ten per cent of the penalty.
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). Later amendments and notifications should be checked. If you face an inquiry, our legal dispute resolution team can assist.
The Central Government may appoint an officer not below the rank of Joint Secretary to the Government of India or a Secretary to the State Government as adjudicating officer, to hold an inquiry and impose penalty in the manner prescribed. The officer must give a reasonable opportunity of being heard and weigh six factors in fixing the quantum. An aggrieved person may appeal to the National Green Tribunal within sixty days of receiving the order, but the appeal is not entertained unless ten per cent of the penalty is deposited.
Section 15C(1): who is the adjudicating officer
The Central Government "for the purposes of determining the penalties under this Act, may appoint an officer not below the rank of Joint Secretary to the Government of India or a Secretary to the State Government to be the adjudicating officer, to hold an inquiry and to impose penalty in the manner, as may be prescribed". The proviso lets it "appoint as many adjudicating officers as may be required".
The manner of inquiry is prescribed. It sits in the Inquiry and Penalty Rules, 2024, explained in the sister articles on rules 1 to 4 and rules 5 to 8. This article does not describe them.
Section 15C(2): powers to call for persons and documents
The adjudicating officer may:
- (a) call upon any person alleged to have contravened or not complied with the Act or the rules, or "having the knowledge of the facts and circumstances of the case"; and
- (b) require such person to produce any record, register or other document in his possession, or any other document which in the officer's opinion may be relevant to the subject-matter.
Notice that clause (a) reaches not only the alleged contravener but also persons who know the facts, such as contractors, employees or neighbours.
Section 15C(3): hearing and penalty
After "giving the person a reasonable opportunity of being heard in the matter", and if "on such inquiry, he is satisfied that the person concerned has contravened or has not complied" with the Act or rules, the officer "may impose such penalty as he thinks fit in accordance with the provisions of sections 14A, 14B, 15, 15A or section 15B, as the case may be."
Two points follow. First, a hearing is a condition. A penalty without a reasonable opportunity of being heard is open to challenge on that ground. Second, the officer chooses within the ranges printed in those sections. See sections 14A and 14B and sections 15 to 15B.
Section 15C(4): the six factors
The officer "shall have due regard" to the following when deciding the quantum.
| Clause | Factor |
|---|---|
| (a) | The population and the area impacted or affected by the contravention or non-compliance |
| (b) | The frequency and duration of the contravention or non-compliance |
| (c) | The vulnerability of the class of persons likely to be adversely affected |
| (d) | The damage caused or likely to be caused to any person, if any |
| (e) | The undue gain derived out of the contravention or non-compliance |
| (f) | Such other factor as may be prescribed |
Each factor is a head of evidence. A defence file should answer each: how many people and what area, how often and for how long, who was vulnerable, what damage, and what gain.
Section 15C(5): penalty and compensation are separate
The amount of a penalty under sections 14A, 14B, 15, 15A or 15B "shall be in addition to the liability to pay relief or compensation under section 15 read with section 17 of the National Green Tribunal Act, 2010". Paying an environment penalty therefore does not discharge a separate claim for relief or compensation before the Tribunal. See sections 15 to 17 of the NGT Act.
Section 15D: appeal to the National Green Tribunal
| Sub-section | Rule |
|---|---|
| (1) | Whoever is aggrieved by an order passed by the adjudicating officer may prefer an appeal to the National Green Tribunal established under section 3 of the NGT Act, 2010 |
| (2) | The appeal must be filed within sixty days from the date on which the copy of the order is received by the aggrieved person |
| (3) | The Tribunal, after hearing the parties, may pass such order as it thinks fit, "confirming, modifying or setting aside the order appealed against" |
| (4) | The appeal will not be entertained "unless such person has deposited with the Tribunal ten per cent. of the amount of the penalty imposed by the adjudicating officer" |
Points for practice:
- The clock runs from receipt of the copy of the order, not from the date of the order. Keep proof of the date of receipt.
- The deposit is a condition of entertaining the appeal. Plan the cash and the deposit before filing. The text says "ten per cent. of the amount of the penalty imposed by the adjudicating officer", so the base is the amount in the order.
- The Tribunal has wide powers to confirm, modify or set aside.
- The Act's text about delay is silent. Section 15D prints no power to condone delay. Whether the NGT Act supplies one should be checked in that Act. See section 18 of the NGT Act and our overview of the NGT appeal process.
What to prepare for an inquiry
- The notice, the alleged contravention and the section under which a penalty is sought.
- Records for each section 15C(4) factor.
- Documents the officer may call for under section 15C(2).
- A named representative who can appear and speak to the facts.
- A note of the appeal date and the amount of any deposit that may be needed.
An example
Malwa Steel Limited receives an order imposing a penalty under section 14A. The order is received on a Monday by the plant's legal manager, who diarises sixty days from that date. The company's advisers compare the penalty amount with the section 15C(4) factors, find that the order did not discuss the duration of the exceedance, and decide to appeal. Before filing, the company arranges the ten per cent deposit, since the Tribunal will not entertain the appeal without it.
Need help with an inquiry or an appeal?
Penalty inquiries are decided on evidence and appeals on short timelines. Our legal dispute resolution team can help you prepare for the hearing, plan the deposit and file before the Tribunal.
Key takeaways
- The adjudicating officer is not below Joint Secretary to the Government of India or Secretary to a State Government, and more than one may be appointed.
- A reasonable opportunity of being heard is required before a penalty is imposed.
- Six factors guide the amount, including undue gain and the vulnerability of those affected.
- The penalty is in addition to relief or compensation under the NGT Act.
- Appeal to the NGT lies within sixty days from receipt of the order, and only on a deposit of ten per cent of the penalty.
Read next
- Sections 14A and 14B: the civil penalties
- Sections 15E, 15F and 16 to 16B: the Fund and failure to pay
- Sections 15 to 17 of the NGT Act: relief, compensation and appeals
- Section 18 of the NGT Act: who may apply or appeal
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.