Section 24 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.
The last five sections of the Environment (Protection) Act deal with how the Act works with courts, other laws and Parliament. Section 22 bars civil courts. Section 23 allows delegation. Section 24, substituted in 2024, gives the Act and its rules overriding effect. Section 25 lists the matters for rules. Section 26 requires rules to be laid before Parliament.
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). That Act substituted section 24 and inserted clauses (ga) to (gf) in section 25(2). Later amendments and notifications should be checked. For advice on how this Act sits with other laws that apply to your business, see our legal consultation service.
Section 22: no civil court may entertain a suit or proceeding about anything done or ordered under the Act. Section 23: the Central Government may delegate its powers by notification, except the power to constitute an authority under section 3(3) and to make rules under section 25. Section 24 (substituted from 1 April 2024): the Act, its rules and its orders prevail over any inconsistent law. Section 25: the rule-making power, with new clauses on the inquiry manner and the Fund. Section 26: rules are laid before Parliament for thirty days.
Section 22: bar of civil court jurisdiction
"No civil court shall have jurisdiction to entertain any suit or proceeding in respect of anything done, action taken or order or direction issued by the Central Government or any other authority or officer in pursuance of any power conferred by or in relation to its or his functions under this Act."
What this means:
- A suit is not the remedy. If you object to a direction under section 5, or a penalty, a civil suit is barred. The remedy is the one the Act provides: an appeal to the National Green Tribunal. See sections 5 and 5A and sections 15C and 15D.
- The bar covers "anything done, action taken or order or direction issued". It is wide.
- It is limited to action under the Act. The text speaks of power "conferred by or in relation to its or his functions under this Act".
The bar is on civil courts. It does not itself say anything about the High Courts or the Supreme Court, so this article says nothing on that point.
Section 23: delegation
"Without prejudice to the provisions of sub-section (3) of section 3, the Central Government may, by notification in the Official Gazette, delegate, subject to such conditions and limitations as may be specified in the notification, such of its powers and functions under this Act as it may deem necessary or expedient, to any officer, State Government or other authority."
| Element | Text |
|---|---|
| How | By notification in the Official Gazette |
| To whom | Any officer, State Government or other authority |
| Subject to | Conditions and limitations in the notification |
| Cannot be delegated | The power to constitute an authority under section 3(3) and the power to make rules under section 25 |
An officer who acts under a delegated power should be able to point to the notification. If a notice to your plant relies on a delegation, ask for its reference.
Section 24: effect of other laws (substituted 2024)
"The provisions of this Act and the rules or orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force."
The Jan Vishwas Act, 2023 substituted this section from 1 April 2024. The substituted text is the one above. Read plainly, where this Act, its rules or orders conflict with another law, this Act and its rules or orders prevail. The section does not say which laws are affected, and it does not cancel other laws that do not conflict. A plant therefore usually has to comply with this Act and the other applicable laws together, such as the Water and Air Acts. See the Water Act's equivalent in sections 55 to 60 of the Water Act.
Section 25: the rule-making power
Section 25(1). The Central Government may, by notification in the Official Gazette, "make rules for carrying out the purposes of this Act".
Section 25(2) lists matters "in particular", "without prejudice to the generality of the foregoing power".
| Clause | Matter |
|---|---|
| (a) | The standards in excess of which pollutants shall not be discharged or emitted under section 7 |
| (b) | The procedure and safeguards for handling hazardous substances under section 8 |
| (c) | The authorities or agencies for intimation and assistance under section 9(1) |
| (d) | The manner of taking samples under section 11(1) |
| (e) | The form of the notice of intention to have a sample analysed, under section 11(3)(a) |
| (f) | The functions of laboratories, sample submission procedure, report form and fees under section 12(2) |
| (g) | The qualifications of a Government Analyst under section 13 |
| (ga) | The manner of holding inquiry and imposing penalty by the adjudicating officer, and other factors for determining quantum of penalty under section 15C(4)(f) (inserted 2024) |
| (gb) | The other amount under section 16(2)(c) (inserted 2024) |
| (gc) | The other purposes under section 16(3)(c) (inserted 2024) |
| (gd) | The manner of administration of the Fund under section 16(4) (inserted 2024) |
| (ge) | The form for accounts of the Fund and the annual statement under section 16A(1) (inserted 2024) |
| (gf) | The form for the annual report of the Fund under section 16B (inserted 2024) |
| (h) | The manner of the notice of offence and intention to complain under section 19(b) |
| (i) | The authority or officer to whom reports and returns are furnished under section 20 |
| (j) | Any other matter required to be, or that may be, prescribed |
Almost every "as may be prescribed" in the Act traces to this list. For rules made under the Act, see our sister explainers, starting with rules 1 to 3 of the Environment (Protection) Rules, 1986. Section 6 is a separate rule-making power tied to the matters in section 3; see section 6.
Section 26: laying before Parliament
Every rule must be laid "as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions". If, before the expiry of the session immediately following, both Houses agree to modify the rule, or agree it should not be made, the rule "shall thereafter have effect only in such modified form or be of no effect". Any modification or annulment is "without prejudice to the validity of anything previously done under that rule".
So a rule can be modified or annulled by Parliament, but what was done under it before that point stays valid.
Practical points
- Tracing a requirement. Match each "prescribed" item in the Act to its clause in section 25(2), and then find the rule.
- Challenging action. Remember the civil court bar; use the appeal route.
- Overlapping laws. Section 24 favours this Act where there is inconsistency. Where there is none, comply with both.
- Delegation. Ask for the notification if an officer's power depends on one.
An example
Chambal Cement Limited gets a letter signed by a State officer requiring it to furnish a return. The company's legal team checks whether the State Government holds the power by delegation under section 23, finds the notification, and confirms the officer is the one the rules name under section 25(2)(i). It then files the return. Had the company disagreed with a penalty, it would not have filed a civil suit, because of section 22, but would have appealed.
Need help with how the Act interacts with other laws?
Where a notice cites this Act alongside other statutes, the question of which prevails matters. Our legal consultation team can help you map the sources of each requirement and decide your response.
Key takeaways
- Section 22 bars civil courts from entertaining suits about action under the Act; the Act's own remedies apply.
- Section 23 allows delegation by notification, except the section 3(3) authority power and the rule-making power.
- Section 24, substituted from 1 April 2024, gives the Act, rules and orders effect notwithstanding inconsistent laws.
- Section 25(2) lists the matters for rules, with clauses (ga) to (gf) added in 2024.
- Section 26 requires rules to be laid before Parliament for thirty days, and Parliament may modify or annul them.
Read next
- Section 6: rules to regulate environmental pollution
- Sections 18 to 21: good faith, cognizance, returns and public servants
- Sections 55 to 60 of the Water Act: bar of jurisdiction and overriding effect
- Rules 1 to 3 of the Environment (Protection) Rules, 1986
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.