Section 28 of the National Green Tribunal Act, 2010: Offences by Government Departments

Section 28 of the National Green Tribunal Act, 2010 deals with responsibility where a Government Department fails to comply with an order, award or decision of the National Green Tribunal. It provides for liability of the Head of the Department and, in specified circumstances, another officer of the Department.

Legal context: Section 28 forms part of Chapter IV of the NGT Act. For non-compliance with an order, award or decision of the Tribunal, it should be read with Section 26, which prescribes the penalty for failure to comply with orders of the Tribunal.

Meaning and scope of Section 28

Section 28 creates a specific responsibility framework for Government Departments. Under sub-section (1), when a Department fails to comply with an order, award or decision of the Tribunal, the Head of the Department is deemed guilty of the failure and may be proceeded against and punished accordingly. The proviso supplies a statutory defence based on lack of knowledge or exercise of all due diligence.

Sub-section (2) separately covers an officer other than the Head of the Department where an offence by the Department is proved to have been committed with that officer's consent or connivance, or is attributable to neglect on that officer's part.

Section 28 - statutory provision

28. Offences by Government Department.

(1) Where any Department of the Government fails to comply with any order or award or decision of the Tribunal under this Act, the Head of the Department shall be deemed to be guilty of such failure and shall be liable to be proceeded against for having committed an offence under this Act and punished accordingly.

Proviso: The Head of the Department is not liable to punishment if the Head proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of the offence.

(2) Notwithstanding sub-section (1), where an offence under the Act has been committed by a Department of the Government and it is proved that the offence was committed with the consent or connivance of, or is attributable to neglect on the part of, an officer other than the Head of the Department, that officer is also deemed guilty and is liable to be proceeded against and punished accordingly.

Liability of the Head of the Department

Section 28(1) applies when a Government Department fails to comply with an order, award or decision of the Tribunal under the Act. The provision deems the Head of the Department guilty of that failure, subject to the statutory defence contained in the proviso.

Defence of lack of knowledge or due diligence

The proviso protects the Head of the Department from punishment where the Head proves either that the offence was committed without his knowledge or that he exercised all due diligence to prevent its commission. The provision therefore expressly makes knowledge and preventive diligence relevant to personal liability.

Liability of another Government officer

Section 28(2) begins with a non-obstante clause and operates notwithstanding sub-section (1). An officer other than the Head of the Department may also be deemed guilty if the statutory connection between that officer and the offence is proved through consent, connivance or attributable neglect.

Key expressions in Section 28

  • Government Department: The provision applies to a Department of the Government in the circumstances specified by Section 28.
  • Head of the Department: The officer heading the Department, upon whom sub-section (1) places deemed liability for the Department's specified failure, subject to the statutory defence.
  • Due diligence: The proviso expressly permits the Head of the Department to avoid punishment by proving that all due diligence was exercised to prevent the offence.
  • Consent or connivance: These are express grounds under sub-section (2) for fastening liability on an officer other than the Head of the Department when proved.
  • Neglect: An officer other than the Head may also be liable where the offence is proved to be attributable to that officer's neglect.

Related provisions of the NGT Act

Section 25 concerns execution of an award, order or decision of the Tribunal. Section 26 prescribes penalties for failure to comply with an order, award or decision. Section 27 deals with offences by companies, while Section 30 deals with cognizance of offences.

Official legal resources

India Code - Central Acts
National Green Tribunal - NGT Act, 2010
National Green Tribunal - Official Website