Proposals to decriminalize offences underway to the Environmental (Protection) Act, 1986 ; public comments invited by 21.07.2022
With a view to decriminalize existing provisions and lighten harsh penalties for simple violations, the Ministry of Environment, Forest and Climate Change (“Ministry”), has rolled out its proposals to amend the existing provisions of the Environmental (Protection) Act, 1986 basis inputs from various stakeholders. By way of a Notice dated 1st July, 2022, the Ministry has invited comments from various stakeholders on this proposal.
Key Highlights:
- The amendment proposes to introduce the definition of the term “Fund”, meaning the “Environmental Protection Fund” where the amount of penalty imposed by the Adjudicating Officer while adjudicating the damage to the environment would be remitted;
- The amendment proposes to insert new provisions to replace the penalty of initiating proceedings in the Court with financial penalties imposed by an Authorized Adjudicating Officer for violation of provisions under the Act. However, contraventions which would lead to grievous injury or loss of life will attract criminal liability under the provisions of the Indian Penal Code;
- Further, the amendment has proposed to insert new sections prescribing penalty for contravention of provisions under the Act, contravention by companies, contravention Government Department, etc.;
Comments/ suggestions, if any must be addressed to Shri Sundar Ramanathan, Additional Director/ Scientist ‘E’, Ministry of Environment, Forest and Climate Change, Room No. V-305, Vayu Wing, Indira Paryavaran Bhawan, Jorbagh, Aliganj Road New Delhi – 110003 in writing or through e-mail at (diriapolicy-moefcc@gov.in) with the subject, “Comments/suggestions on the proposed amendment in the Environment (Protection) Act, 1986”. on or before 21st July, 2022.
A tabular representation of the proposed amendment has been provided in the Notification issued by the Ministry and has been linked below for your ease of reference.
