Environment (Protection) Act 1986
Section 15 :
Penalty for contravention of the provisions of the Act and the rules, orders and directions :
(1) 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 with 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.
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Form of charge under section 15(1) :
I ,…………….(name and office of the Magistrate, etc.), hereby charge you…………………..(name of the accused) as follows:
That you, on or about the…………………..day of…………………, at…………………, failed to comply with/or contravened the provisions of section (to wit)……………….of the Environment (Protection) Act, 1986/or rule (to wit)……………….of the Rules made thereunder or order (to wit)………………./or direction (to wit)……………….issued thereunder and thereby committed an offence punishable under section 15(1) of the Environment (Protection) Act, 1986, and within my cognizance.
And i hereby direct that you be tried by this Court on the said charge.
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(2) If the failure or contravention referred to in sub-section (1) 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.
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Form of charge under section 15(2) :
I ,………………(name and office of the Magistrate, etc.), hereby charge you………………(name of the accused) as follows:
That whereas you were convicted and sentenced to (to wit)……………….by the Court of……………….(to wit)……………….at……………….on……………….for contravention of the provisions of section (to wit) of the Environment (Protection) Act, 1986/or rule (to wit) of the Rules made thereunder/or order (to wit)………………./or direction (to wit)……………….issued thereunder under section 15(1) of the Environment (Protection) Act and the aforesaid failure/or contravention continued beyond a period of one year expiring on……………….after the date of conviction and thereby you committed an offence punishable under section 15(2) of the Environment (Protection) Act, 1986, and within my cognizance.
And i hereby direct that you be tried by this Court on the said charge.
