EPA / PROCEDURES / Procedure for individuals to file complaints

Procedure for individuals to file complaints /
give notice for the purpose of cognizance of offence

 

Procedure for individuals to file complaints /
give notice for the purpose of cognizance of offence

As provided by Section 19.b, no court shall take cognizance of any offence under this Act except on a complaint made by the Central Government or any other authority or officer authorized in this behalf or by any person who has given notice of not less than 60 days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Central Government or the authority or officer authorized as aforesaid.

The prescribed manner of giving notice is as follows:

1.The notice shall be in writing in Form IV

2.The person giving notice may send notice to
(a) if the alleged offence has taken place in a Union territory

      1. The Central Board and
      2. Ministry of Environment and Forests (represented by the Secretary to Government of India);

(b) if the alleged offence has taken place in a State:

    1. The State Board; and
    2. The Government of the State (represented by the Secretary to the State Government in charge of environment); and
    3. The Ministry of Environment and Forests (represented by the Secretary  to the Government of India)

3.The notice shall be sent by registered post acknowledgement due

4.The period of sixty days mentioned in clause (b) of section 19 of the Environment (Protection) Act, 1986 shall be reckoned from the date it is first received by one of the authorities mentioned above.

This guide is an additional aid to understanding the law. We have re-written some of the text in various and have not reproduced the exact text from the bare acts. While all efforts have been made to maintain the accuracy of this information, relevant official gazettes may be consulted for authenticity. The authors of this resource will not be responsible for any loss due to the information provided in this guide. Any discrepancy found may kindly be brought to our notice.