Section 35
Fine
(1) If any person does the following act, the concerned body may punish that person as follows:
(a) A fine not exceeding five hundred thousand rupees if, in the case of a proposal of which the brief environmental study report has to be approved, the proposal is executed without having it approved or if any proposal is executed in a manner inconsistent with the approved report,
(b) A fine not exceeding one million rupees if any proposal is executed without having the initial environmental examination approved or in a manner inconsistent with the approved report,
(c) A fine not exceeding five million rupees if, in the case of a proposal of which the environmental impact assessment report has to be approved, the proposal is executed without having it approved or if any proposal is executed in a manner inconsistent with the approved report.
(2) If any person does any act referred to in sub-section (1), the concerned body may give order to stop such act immediately and have the environmental study report approved pursuant to this Act where such report has not been got approved, and to improve the act if acted inconsistent with such a report, and it shall be the duty of the concerned person or body to do as per the order so given. The concerned body may impose a fine that is three-fold of the fine imposed pursuant to sub-section (1) if the order so given is not complied with.
(3) If any person does any act inconsistent with this Act or the rules, guidelines, procedures or norms framed under this Act, other than that set forth in sub-section (1), the concerned body may restrict the doing of such act and punish that person with a fine not exceeding three hundred thousand rupees and give order to do the act referred to in this Act or the rules, guidelines, procedures or norms framed under this Act. A fine that is three-fold of the fine imposed pursuant to this sub-section if the order so given is not complied with.
(4) If the act referred to in the order given pursuant to sub-section (2) or (3) is not done, such act shall be restricted and the concerned body shall send a request, accompanied by the recommendation, to take necessary action for blacklisting such a person or body.
(5) If so recommended pursuant to sub-section (4), the Department shall, if it finds the content reasonable, blacklist such a person or body for a period of one year to five years.
(6) Notwithstanding anything contained in sub-sections (4) and (5), the Department shall make necessary inquiry into non-compliance with the order given by it and take action referred to in sub-section (5).
(7) If a body is blacklisted pursuant to sub-section (5), such a person or body may not submit any proposal in that body’s name or in any name whatever associated with such a person or body for the period of blacklisting.
(8) Prior to imposing the fine referred to in this Section, a reasonable opportunity shall be given to the person or body or project which is to be blacklisted.
(a) A fine not exceeding five hundred thousand rupees if, in the case of a proposal of which the brief environmental study report has to be approved, the proposal is executed without having it approved or if any proposal is executed in a manner inconsistent with the approved report,
(b) A fine not exceeding one million rupees if any proposal is executed without having the initial environmental examination approved or in a manner inconsistent with the approved report,
(c) A fine not exceeding five million rupees if, in the case of a proposal of which the environmental impact assessment report has to be approved, the proposal is executed without having it approved or if any proposal is executed in a manner inconsistent with the approved report.
(2) If any person does any act referred to in sub-section (1), the concerned body may give order to stop such act immediately and have the environmental study report approved pursuant to this Act where such report has not been got approved, and to improve the act if acted inconsistent with such a report, and it shall be the duty of the concerned person or body to do as per the order so given. The concerned body may impose a fine that is three-fold of the fine imposed pursuant to sub-section (1) if the order so given is not complied with.
(3) If any person does any act inconsistent with this Act or the rules, guidelines, procedures or norms framed under this Act, other than that set forth in sub-section (1), the concerned body may restrict the doing of such act and punish that person with a fine not exceeding three hundred thousand rupees and give order to do the act referred to in this Act or the rules, guidelines, procedures or norms framed under this Act. A fine that is three-fold of the fine imposed pursuant to this sub-section if the order so given is not complied with.
(4) If the act referred to in the order given pursuant to sub-section (2) or (3) is not done, such act shall be restricted and the concerned body shall send a request, accompanied by the recommendation, to take necessary action for blacklisting such a person or body.
(5) If so recommended pursuant to sub-section (4), the Department shall, if it finds the content reasonable, blacklist such a person or body for a period of one year to five years.
(6) Notwithstanding anything contained in sub-sections (4) and (5), the Department shall make necessary inquiry into non-compliance with the order given by it and take action referred to in sub-section (5).
(7) If a body is blacklisted pursuant to sub-section (5), such a person or body may not submit any proposal in that body’s name or in any name whatever associated with such a person or body for the period of blacklisting.
(8) Prior to imposing the fine referred to in this Section, a reasonable opportunity shall be given to the person or body or project which is to be blacklisted.