Lok Sabha Question No. 2323 (UNSTARRED), answered on 2022-08-01
Subject: Penalty for Violation of Environmental Rules
Ministry: ENVIRONMENT,  FORESTS AND CLIMATE CHANGE
Asked by: Gopal Chinayya Shetty

## GOVERNMENT OF INDIA

## MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

## LOK SABHA

## UNSTARRED QUESTION NO: 2323 TO BE ANSWERED ON 01.08.2022

## Penalty for Violation of Environmental Rules

## 2323.   SHRI GOPAL CHINNAYA SHETTY:

Will the Minister of ENVIRONMENT, FOREST AND CLIMATE CHANGE be pleased to state:

- (a) whether there is a provision of financial penaltyand punitive penal action against the persons found guilty for violating environment rules on constructionprojects and if so, the details thereof; and
- (b) whether RTI activists are being given moreimportance than the public representative in the matters on environmental approvals for construction of projectsparticularly in Mumbai and if so, the details thereof?

## ANSWER

## MINISTER  OF  STATE  IN  THE  MINISTRY  OF  ENVIRONMENT,  FOREST  AND CLIMATE CHANGE

(SHRI ASHWINI KUMAR CHOUBEY)

(a)Section 15 of the Environment (Protection) Act, 1986  on 'Penalty for Contravention of the Provisions of the Act and the Rules, Orders and Directions' prescribes  that whoever fails to comply with or contravenes any of the provisions of this Act, or the rules made or orders or  directions  issued  thereunder,  shall,  in  respect  of  each  such  failure  or  contravention,  be punishable with imprisonment for a term which may extend to five years or with fine which may extend to one lakh rupees, or both, and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such  failure  or  contravention  continues  after  the  conviction  for  the  first  such  failure  or contravention.  Further,  if  the  failure  or  contravention  referred  above  continues  beyond  a period  of  one  year  after  the  date  of  conviction,  the  offender  shall  be  punishable  with imprisonment for a term which may extend to seven years.

In  addition  to  above,  provisions  of  financial  penalty  and  punitive  penal  action  are  also prescribed in Air (Prevention and Control of Pollution) Act, 1981 at Section 37 to Section 46 and in Water (Prevention and Control of Pollution) Act, 1974 at Section 41 to Section 50 under 'Penalties and Procedure'.

(b)  All  the  proposals  received  for  grant  of  Environment  Clearance  (EC)  are  dealt  as  per provisions of Environment Impact Assessment (EIA) Notification, 2006. Upon submission of proposals  by  project  proponent,  complete  in  all  respects,  projects  are  appraised  byExpert Appraisal Committee (EAC) at central level and by State Level EAC at State level as per provision of EIA Notification, 2006 and its amendments. Based on the recommendation of

EAC/SEAC, decision  on  grant  /rejection  of  EC  is  taken  by  Ministry  at  Central  level  and byState  Environment  Impact  Assessment  Authority(SEIAA)  at  State  level.  The  extant process  of  environmental  appraisal  and  approval  for  projects  including  for  construction projects is carried out throughsingle window online PARIVESH portalwhich ensures that the entire process of clearancesis done in transparent manner without compromising on rigor of the environmental concerns.

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