Environmental enforcement in India has shifted from criminal courts to adjudicating officers. The Jan Vishwas (Amendment of Provisions) Act, 2023 replaced imprisonment for many contraventions of the Air Act and the Environment (Protection) Act with monetary penalties, and the Water (Prevention and Control of Pollution) Amendment Act, 2024 did the same for the Water Act. Penalties are now imposed by adjudicating officers after an inquiry, typically ranging from Rs 10,000 to Rs 15 lakh, with additional amounts for continuing contraventions, and are credited to the Environment Protection Fund. Rules notified in 2024 set out how inquiries are held, and require them to be completed within set timelines.
For businesses, this is in some ways good news: fewer criminal cases, and a quicker, more predictable process. But penalties are now easier for authorities to impose, and they can be imposed alongside environmental compensation, closure directions and other measures. The Water Act amendment applies in Himachal Pradesh, Rajasthan and the Union territories, and in states that have adopted it by resolution, such as Punjab, Bihar and West Bengal; elsewhere the older provisions of the Water Act may still apply. This page explains how adjudication works, the defences available, how to prepare for the hearing, and the appeal.
हिंदी में सारांश
जन विश्वास अधिनियम, 2023 और जल (संशोधन) अधिनियम, 2024 के बाद वायु, जल और पर्यावरण संरक्षण अधिनियम के कई अपराध अब जेल के बजाय जुर्माने (पेनल्टी) वाले हो गए हैं, जो न्यायनिर्णयन अधिकारी (Adjudicating Officer) जाँच के बाद लगाता है। पेनल्टी आम तौर पर 10,000 रुपये से 15 लाख रुपये तक है, और उल्लंघन जारी रहने पर अतिरिक्त। जल अधिनियम में अपील NGT में 10% जमा के साथ होती है। संशोधित जल अधिनियम हिमाचल, राजस्थान, केंद्र शासित प्रदेशों और अपनाने वाले राज्यों में लागू है।
Is this your situation?
- You received a notice of inquiry from an adjudicating officer
- The board has referred your unit for penalty proceedings
- You face a penalty for operating without consent or violating conditions
- A penalty order has been passed and you want to appeal
- You are unsure whether the amended Water Act applies in your state
- You face both a penalty and a compensation demand for the same incident
- Your company officers have been named in the inquiry
Penalty adjudication at a glance
Decriminalisation
Many contraventions now attract penalties instead of prosecution.
Adjudicating officer
An officer appointed under the Acts holds an inquiry and decides the penalty.
Penalty range
Typically Rs 10,000 to Rs 15 lakh, with additional penalty for continuing contraventions.
Procedure
Notice, reply, hearing and a reasoned order, under rules notified in 2024.
Environment Protection Fund
Penalties are credited to the fund created under the amendments.
Appeal
To the NGT; under the Water Act, with a 10 per cent deposit.
Which law applies to your case
The first question is which provision the authority relies on, and whether the amended version applies. For the Air Act and the Environment (Protection) Act, the Jan Vishwas amendments apply across India. For the Water Act, the 2024 amendment applied initially to Himachal Pradesh, Rajasthan and the Union territories, because the Water Act is a central law enacted at the request of states, and it applies in other states only once they adopt it by resolution. Punjab, Bihar and West Bengal adopted it, and Parliament extended it to Manipur. In a state that has not adopted the amendment, Water Act contraventions may still be dealt with under the older provisions, including prosecution.
The date of the contravention also matters. A contravention that occurred before the amendment took effect may be dealt with under the law in force at that time, subject to legal arguments about the benefit of the amended law. Check the date and the state carefully before deciding the line of defence.
How the inquiry works
An inquiry usually begins with a notice from the adjudicating officer setting out the alleged contravention and the material relied on, and inviting a written reply within a stated time. The officer may hold a hearing, allow you to present evidence and make submissions, and examine the material from the board or the complainant. Under the 2024 rules, the inquiry is to be completed within a fixed period, generally six months, though delays occur. The officer must pass a reasoned order, considering factors such as the gravity of the contravention, the harm caused, any gain made, whether it was repeated, and steps taken to remedy it.
These factors matter because they decide where within the range the penalty falls. A first-time contravention, promptly fixed, with little or no environmental harm, should attract a penalty at the lower end. A repeated, deliberate contravention causing harm will attract more. Your reply and evidence should speak to each factor.
Defences and mitigation
Defences depend on the facts. Common arguments include: the contravention did not occur, for example because the unit had applied for consent renewal in time and the board had not decided; the sample relied on was not taken according to the procedure; the person proceeded against was not the occupier or not in charge; the alleged violation falls outside the provision cited; the inquiry was not conducted fairly; and the contravention is time-barred or has already been dealt with. Where the contravention is admitted, mitigation focuses on the absence of harm, the speed of corrective action, past compliance, and the unit's size and capacity to pay.
It is also important to watch for duplication. The same incident may give rise to a penalty, environmental compensation and closure directions. These are legally different measures, but the authority should not impose a penalty on facts already fully addressed in another proceeding without considering that fact. Raise the other proceedings in your reply so that the officer considers the overall position.
How to handle a penalty inquiry
Read the notice
Identify the provision, the alleged facts, the material and the deadline.
Check the applicable law
State, date and amended or older provisions.
Collect evidence
Consents, applications, monitoring data, sampling records and corrective actions.
Draft the reply
Address each allegation and the factors relevant to the penalty.
Attend the hearing
Present evidence and submissions; seek inspection of the material relied on.
Appeal if needed
File before the NGT within time, with the required deposit.
Appeals and the deposit
Penalty orders under the amended Acts can be appealed to the National Green Tribunal. Under the Water Act, the appeal must be accompanied by a deposit of 10 per cent of the penalty imposed. The appeal must be filed within the time prescribed, and delay can be condoned only within the limits allowed. The NGT can reduce, set aside or confirm the penalty, and can consider whether the inquiry was fair and the order reasoned.
Because of the deposit and the cost of litigation, an appeal makes sense where the order is legally flawed, the penalty is clearly disproportionate, or the finding of contravention is wrong. For modest penalties on clear facts, paying and focusing on compliance may be wiser. For NGT appeals, see our network site ngtadvocates.com.
Company officers and personal exposure
Inquiries are often addressed to the company and to named directors, managers or occupiers. The Acts contain provisions on liability of companies and persons in charge of and responsible for the conduct of business, along with defences for those who show they had no knowledge or exercised due diligence. Independent and non-executive directors are often named without any role in operations. If you are named personally, your reply should explain your role and responsibilities, the systems in place, and any lack of knowledge, with documents such as board resolutions delegating environmental responsibility to a specific officer.
Time and typical cost
Our fees are agreed in writing at the start, stage by stage. They are not linked to the outcome.
| Stage | Usual time | What it involves |
|---|---|---|
| Review of notice | 2 to 5 days | Our fee |
| Reply | Within the time given | Our fee; documents |
| Hearing and order | Inquiry generally to finish within six months under the rules | Our appearance fee |
| Appeal to NGT | Within the prescribed time | Our fee; 10% deposit under the Water Act |
Factors that move the penalty
| Factor | Evidence that helps |
|---|---|
| Gravity of contravention | Technical reports showing limited exceedance or duration |
| Harm caused | Monitoring showing no lasting effect on receiving water or air |
| Gain made | Records showing no saving from non-compliance |
| Repetition | Clean history and past compliance |
| Remedial steps | Invoices, photographs, fresh results, consent applications |
| Capacity to pay | Size of unit and financial position, where relevant |
Documents usually needed
The inquiry
- Notice and annexures
- Board's inspection and sampling records
Your defence
- Consents and applications with dates
- Monitoring results and logbooks
- Corrective action records
Persons named
- Board resolutions and delegation of responsibility
- Role descriptions of named officers
Laws that apply
Penalties, adjudicating officers, appeal with deposit, Environment Protection Fund.
Penalties in place of offences under the Air Act and EP Act.
Procedure and timelines for adjudication.
Appeals against penalty orders.
How we work
We are a litigation and advisory practice led by Advocate BK Singh, with offices in Dwarka (New Delhi) and Vaishali (Ghaziabad). This is what you can expect:
- Law checked first: state, date and amended provisions.
- Replies built on the penalty factors: not just denial.
- Personal exposure addressed: for named directors.
- Appeals assessed honestly: deposit and prospects.
- Written fee terms: agreed stage by stage, never linked to the outcome.
Mistakes we see in penalty inquiries
- Assuming the amended Water Act applies in every state
- Ignoring the notice because it is "not criminal"
- Replying without addressing the penalty factors
- Not mentioning parallel compensation proceedings
- Missing the appeal deadline or the deposit
A Jaipur unit's consent lapse
Here's a made-up example. A Jaipur textile unit received a notice of inquiry for operating for three months after its consent expired. Rajasthan was among the states where the amended Water Act applied.
We showed that the renewal had been filed late but before the inquiry, the fee and late fee had been paid, monitoring results were within limits throughout, and the unit had a clean history. The adjudicating officer imposed a penalty near the lower end of the range.
A director wrongly named
Here's a second made-up example. An independent director of a Chandigarh company was named in a penalty inquiry about effluent from the company's plant.
We filed a reply explaining her non-executive role, with board resolutions delegating environmental compliance to the plant head. The adjudicating officer dropped the proceedings against her and continued them against the company and the plant head.
Frequently Asked Questions
What is an adjudicating officer?
An officer appointed under the amended Acts to hold inquiries and impose penalties.
Are environmental violations still crimes?
Many are now penalties, though some offences and older cases remain criminal.
What is the penalty range?
Typically Rs 10,000 to Rs 15 lakh, with more for continuing contraventions.
Does the amended Water Act apply in my state?
It applies in HP, Rajasthan, the UTs and states that adopted it, such as Punjab, Bihar and West Bengal.
How long does an inquiry take?
The 2024 rules generally require completion within six months.
Can I be heard?
Yes, you can reply and be heard before an order is passed.
Where do penalties go?
To the Environment Protection Fund.
Can I appeal a penalty order?
Yes, to the NGT; under the Water Act with a 10 per cent deposit.
Can a penalty and compensation both be imposed?
They are different measures, but the overlap should be considered.
Are directors personally liable?
They can be named; defences exist for those not in charge or without knowledge.
What reduces a penalty?
Low harm, prompt remedy, clean history and cooperation.
Should I pay or appeal?
It depends on the legal merits, the amount and the cost of appeal.
Facing a Penalty Inquiry?
Send us the notice. We will check the law that applies and plan the reply.
This page gives general information about environmental law as it stood when it was last reviewed. It is not legal advice on your case and does not promise any result. Environmental rules, EPR targets, GRAP measures and board procedures change often, so check the current position for your unit or project before acting.
Need help with Penalty Proceedings Before an Adjudicating Officer?
Send us the notice, the order or a few photos. We'll tell you where you stand, which authority or NGT bench deals with it and when the next step is due, in plain words.
