Section 19 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.
Chapter IV of the Environment (Protection) Act opens with four short sections. Section 18 protects the Government and its officers for acts done in good faith. Section 19 says a court takes cognizance of an offence only on a complaint by the persons it lists. Section 20 lets the Central Government require reports and returns. Section 21 makes members and staff of a section 3 authority public servants.
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 19 was changed by that Act (clause (aa) inserted); sections 18, 20 and 21 were not. Later amendments and notifications should be checked. For help with a complaint or a notice of intention to complain, see our legal dispute resolution service.
Section 18: no suit, prosecution or other proceeding lies against the Government, its officers or an authority for anything done in good faith under the Act. Section 19: a court takes cognizance of an offence only on a complaint by the Central Government or its authorised authority or officer, the adjudicating officer or an officer he authorises, or a person who gave at least sixty days' notice. Section 20: the Central Government may call for reports and returns. Section 21: members and staff of a section 3 authority are public servants.
Section 18: good faith
"No suit, prosecution or other legal proceeding shall lie against the Government or any officer or other employee of the Government or any authority constituted under this Act or any member, officer or other employee of such authority in respect of anything which is done or intended to be done in good faith in pursuance of this Act or the rules made or orders or directions issued thereunder."
Three points:
- Who is covered. The Government, its officers and employees, any authority constituted under the Act, and the members, officers and employees of that authority.
- What is covered. Anything "done or intended to be done" in pursuance of the Act, rules, orders or directions.
- The condition. It must be "in good faith". The section does not shield an act that was not in good faith.
For a business, this means a suit for damages against an inspector for a good-faith inspection or seizure will not lie. It does not take away the right to challenge a direction or a penalty by appeal; see section 5A and section 15D.
Section 19: who may start a prosecution
"No court shall take cognizance of any offence under this Act except on a complaint made by" one of the following.
| Clause | Complainant |
|---|---|
| (a) | The Central Government, or any authority or officer authorised in this behalf by that Government |
| (aa) | The adjudicating officer or any officer authorised by him in this behalf (inserted w.e.f. 1 April 2024) |
| (b) | Any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Central Government or the authority or officer authorised as aforesaid |
Clause (aa) fits the main remaining offence, failing to pay a penalty under section 15F, which arises out of a penalty imposed by the adjudicating officer. See sections 15E, 15F and 16 to 16B.
Clause (b) is the "citizen" route. A person who is not the Government can complain, but only after giving a notice of not less than sixty days, in the prescribed manner, of the alleged offence and of the intention to complain. The manner of the notice is for the rules under section 25(2)(h).
Important consequences:
- A complaint is the gateway. A court cannot take cognizance on a police report alone, or on its own initiative, under this Act.
- The sixty days are minimum. "Not less than sixty days" means the notice must be given and sixty days must pass before the complaint.
- A complaint without proper authority is open to challenge. If the complaint is not by one of the listed persons, a court should not take cognizance.
Section 20: information, reports or returns
The Central Government may, "in relation to its functions under this Act, from time to time, require any person, officer, State Government or other authority to furnish to it or any prescribed authority or officer any reports, returns, statistics, accounts and other information", and the person or authority "shall be bound to do so".
Three features:
- It is open-ended: "reports, returns, statistics, accounts and other information".
- It is a continuing power: "from time to time".
- The recipient may be the Central Government itself or a prescribed authority or officer; section 25(2)(i) lets the rules name that authority.
Failure to comply with a requirement under section 20 is a contravention of the Act. Where no other section provides a penalty, section 15 is the penalty section. See sections 15 to 15B.
Section 21: public servants
"All the members of the authority, constituted, if any, under section 3 and all officers and other employees of such authority when acting or purporting to act in pursuance of any provisions of this Act or the rules made or orders or directions issued thereunder shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code (45 of 1860)." The Bharatiya Nyaya Sanhita, 2023 has replaced the Indian Penal Code.
The deeming applies only to members and staff of an authority constituted under section 3(3), and only while acting or purporting to act under the Act. See sections 3 and 4.
Practical points
- If you are threatened with prosecution, check who has complained and under which clause of section 19.
- If you want to complain as a citizen, send the sixty-day notice in the prescribed manner first, and keep proof of delivery.
- When a return is requested, respond in the form and by the date asked; section 20 binds you.
- Staff dealing with authority officers should know that they are public servants for the purposes of section 21.
An example
Prakash Dairy Limited has not paid a penalty imposed under section 15A within ninety days. The adjudicating officer's office authorises an officer to file a complaint under section 19(aa). The company's advisers check the authorisation, and then address the substance: whether the penalty was paid, the date of imposition, and the due diligence defence in section 15F.
Need help with a complaint or notice?
A prosecution depends on who complained and how. Our legal dispute resolution team can check the complainant's standing, the sixty-day notice and the facts, and advise on the response.
Key takeaways
- Section 18 protects acts done in good faith under the Act, and no proceeding lies for them.
- Section 19 allows cognizance only on a complaint by the listed persons, including the adjudicating officer or his authorised officer from 1 April 2024.
- A private complainant must give at least sixty days' notice in the prescribed manner.
- Section 20 binds persons and authorities to furnish reports and returns when the Central Government requires them.
- Members and staff of a section 3 authority are public servants when acting under the Act.
Read next
- Sections 12 to 14: laboratories and Government Analysts
- Sections 15E, 15F and 16 to 16B: the Fund and failure to pay
- Sections 22 to 26: bar of jurisdiction, delegation, other laws and rules
- Sections 49 and 50 of the Water Act: cognizance and public servants
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.