Ins by Act 18 of 2023, s. 2 and Schedule (w.e.f: 1-4-2024). 2. Subs by $. 2 and S — THE ENVIRONMENT (PROTECTION) ACT, 1986

Ins by Act 18 of 2023, s. 2 and Schedule (w.e.f: 1-4-2024). 2. Subs by $. 2 and S

1. Ins by Act 18 of 2023, s. 2 and Schedule (w.e.f: 1-4-2024). 2. Subs by $. 2 and Schedule, ibid , for sections 15 t0 17 (w.e.f: 1-4-2024) of India Or a Secretary to the State Government to be the adjudicating officer, to hold an inquiry and to impose penalty in the manner, as may be prescribed: Provided that the Central Government may appoint as many adjudicating officers as may be required. (2) The adjudicating officer may call upon any person alleged to have contravened or not complied with the provisions of this Act and the rules made thereunder or having the knowledge of the facts and circumstances of the case; b require such person to produce any record, register or other document in his possession O any other document; which in the opinion of the adjudicating officer may be relevant to the subject- matter (3) The adjudicating officer shall, after giving the person a reasonable opportunity of being heard in the matter, and if, on such inquiry, he is satisfied that the person concerned has contravened or has not complied with the provisions of this Act or the rules made thereunder; he may impose such penalty as he thinks fit in accordance with the provisions of sections 14A, 14B, 15, 15A or section ISB, as the case may be. The adjudicating officer, while adjudicating the quantum of penalty under sub-section (3), shall have due regard to the following, namely: the population and the area impacted or affected due to such contravention or non- compliance; b the frequency and duration of such contravention Or non-compliance; the vulnerability of the class of persons likely to be adversely affected by such contravention or non-compliance; the damage caused or likely to be caused to any person, as result of such contravention or non-compliance, if any; the undue gain derived out of such contravention O non-compliance; and such other factor, as may be prescribed. The amount of penalty imposed under the provisions of sections 14A, 14B, 15, 1SA or ISB, as the case may be, shall be in addition to the liability to pay relief or compensation under section 15 read with section 17 of the National Green Tribunal Act; 2010 (19 of 2010).

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