Section 26 of the National Green Tribunal Act, 2010 is the principal penal provision for failure to comply with an order, award or decision of the National Green Tribunal. For a person other than a company, non-compliance may be punished with imprisonment for a term extending to three years, a fine extending to ten crore rupees, or both. A continuing failure after conviction may attract an additional fine extending to twenty-five thousand rupees for every day during which the failure or contravention continues.
Where the offender is a company, the proviso to Section 26(1) provides for a fine extending to twenty-five crore rupees. A continuing failure after conviction may attract an additional fine extending to one lakh rupees for every day during which the failure or contravention continues.
Non-cognizable offence: Section 26(2), as the enacted text presently published for the NGT Act, refers to the Code of Criminal Procedure, 1973 and declares every offence under the NGT Act to be non-cognizable within the meaning of that Code. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the CrPC as the general criminal procedure law from 1 July 2024. For proceedings arising after that change, the current procedural law, applicable savings provisions and the latest official statutory text should be checked together.
Section 26 of National Green Tribunal Act 2010 "Penalty for failure to comply with orders of Tribunal"
(1) Whoever, fails to comply with any order or award or decision of the Tribunal under this Act, he shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to ten crore rupees, or with both and in case the failure or contravention continues, with additional fine which may extend to twenty-five thousand rupees for every day during which such failure or contravention continues after conviction for the first such failure or contravention:
Provided that in case a company fails to comply with any order or award or a decision of the Tribunal under this Act, such company shall be punishable with fine which may extend to twenty-five crore rupees, and in case the failure or contravention continues, with additional fine which may extend to one lakh rupees for every day during which such failure or contravention continues after conviction for the first such failure or contravention.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence under this Act shall be deemed to be non-cognizable within the meaning of the said Code.
Official resources
National Green Tribunal - Official Website
Bharatiya Nagarik Suraksha Sanhita 2023 - India Code
Section 22 Appeal to Supreme Court
Section 24 Deposit of amount payable for damage to environment
Section 25 Execution of award or order or decision of Tribunal
Section 26 Penalty for failure to comply with orders of Tribunal
Section 27 Offences by companies
Section 28 Offences by Government Department
Section 29 Bar of jurisdiction
Section 30 Cognizance of offences
Section 31 Members and staff of Tribunal to be public servants
Section 32 Protection of action taken in good faith
Section 33 Act to have overriding effect