NGT Act 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 NGT Act is its penalty chapter, and it is short. Section 26 makes failure to comply with an order, award or decision of the Tribunal an offence punishable with imprisonment, fine or both, with a much higher fine for a company. Section 27 reaches the people in charge of a company. Section 28 does the same for the Head of a Government Department.
This article is current as amended up to the Tribunals Reforms Act, 2021. The Jan Vishwas (Amendment of Provisions) Act, 2023 did not amend this Act, so the figures below are as printed and no revision line applies. Later amendments and notifications should be checked. If a Tribunal order is binding on you or your company, our legal dispute resolution team can help.
Section 26: failing to comply with any order, award or decision of the Tribunal is punishable with imprisonment up to three years, or fine up to ten crore rupees, or both, and a continuing failure with an additional fine up to twenty-five thousand rupees a day after conviction. A company is punishable with fine up to twenty-five crore rupees, and an additional fine up to one lakh rupees a day. Sections 27 and 28: persons in charge of a company, and the Head of a Government Department, can be held guilty, subject to defences.
Section 26(1): the punishment
"Whoever, fails to comply with any order or award or decision of the Tribunal under this Act, he shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to ten crore rupees, or with both and in case the failure or contravention continues, with additional fine which may extend to twenty-five thousand rupees for every day during which such failure or contravention continues after conviction for the first such failure or contravention."
The proviso for companies. "in case a company fails to comply with any order or award or a decision of the Tribunal under this Act, such company shall be punishable with fine which may extend to twenty-five crore rupees, and in case the failure or contravention continues, with additional fine which may extend to one lakh rupees for every day during which such failure or contravention continues after conviction for the first such failure or contravention."
| Offender | Punishment as printed | Continuing failure |
|---|---|---|
| Any person | Imprisonment up to three years, or fine up to ten crore rupees, or both | Additional fine up to twenty-five thousand rupees for every day after conviction for the first failure |
| A company | Fine up to twenty-five crore rupees | Additional fine up to one lakh rupees for every day after conviction for the first failure |
Every figure is a ceiling ("may extend to"), and the Act prints no minimum. The daily fine runs only "after conviction for the first such failure or contravention". The offence is failure to comply with an order, award or decision "under this Act", which includes an order for relief, compensation or restitution under sections 15 to 17 and an interim order under section 19.
Section 26(2): non-cognizable
"Notwithstanding anything contained in the Code of Criminal Procedure, 1973, every offence under this Act shall be deemed to be non-cognizable within the meaning of the said Code." The Bharatiya Nagarik Suraksha Sanhita, 2023 has replaced the Code of Criminal Procedure, 1973. Who may bring a complaint is set out in section 30.
Section 27: offences by companies
Section 27(1). Where an offence under the Act has been committed by a company, every person who, at the time of the offence, "was directly in charge of, and was responsible to the company for the conduct of the business of the company", as well as the company, "shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly". The proviso: no such person is liable if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent it.
Section 27(2). Despite sub-section (1), where an offence has been committed by a company and it is proved that it was committed "with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company", that person "shall also be deemed to be guilty".
Explanation. "Company" means any body corporate and includes a firm or other association of individuals; "director" in relation to a firm means a partner in the firm.
Section 28: offences by Government Departments
Section 28(1). Where any Department of the Government fails to comply with any order, award or decision of the Tribunal, "the Head of the Department shall be deemed to be guilty of such failure and shall be liable to be proceeded against for having committed an offence under this Act and punished accordingly". The proviso: he is not liable if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent it.
Section 28(2). Where the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer other than the Head of the Department, "such officer shall also be deemed to be guilty of that offence".
The three sections together
| Section | Who | Condition | Defence |
|---|---|---|---|
| 26 | Any person; a company | Failure to comply with a Tribunal order, award or decision | None printed |
| 27(1) | Persons directly in charge of a company, and the company | Offence by a company | No knowledge, or all due diligence |
| 27(2) | A director, manager, secretary or other officer | Consent, connivance or neglect proved | None printed in the sub-section |
| 28(1) | Head of a Government Department | Department fails to comply | No knowledge, or all due diligence |
| 28(2) | An officer other than the Head | Consent, connivance or neglect | None printed in the sub-section |
The Environment (Protection) Act, Air Act and PLI Act have their own penalty schemes; see for example sections 37, 38 and 38A of the Air Act and sections 16 to 17B of the PLI Act. Those penalties are imposed by adjudicating officers, whereas the offence in section 26 is tried on a complaint.
Practical points
- Treat every Tribunal order as binding and record each step of compliance.
- Directors: document knowledge and due diligence; sub-section (1) turns on them.
- Government Departments: the Head of the Department is the first point of liability under section 28.
- Know the appeal route. The appeal to the Supreme Court is in sections 22 to 25.
An example
The Tribunal directs Ganga Textile Dyers Limited to close an outfall by a stated date. The company does not comply. If convicted, the company faces a fine up to twenty-five crore rupees, and a daily fine up to one lakh rupees for each day the failure continues after conviction. The director in charge of the plant can be proceeded against under section 27(1) unless he proves he had no knowledge or exercised all due diligence.
Need help with compliance with an order?
A Tribunal order carries penal consequences if it is ignored. Our legal dispute resolution team can help you plan compliance and advise directors on their position.
Key takeaways
- Failure to comply with a Tribunal order, award or decision is punishable with imprisonment up to three years, or fine up to ten crore rupees, or both.
- A company is punishable with fine up to twenty-five crore rupees, with a daily fine up to one lakh rupees after conviction.
- Persons in charge of a company, and the Head of a Department, can be held guilty, subject to the defences printed.
- Every offence under the Act is non-cognizable.
Read next
- Sections 22 to 25: appeal to the Supreme Court, costs and execution
- Sections 29 to 38: bar of jurisdiction, cognizance, rules and repeal
- Section 39D of the Air Act: offences
- NGT compliance orders for industries
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.