The central government on Wednesday (November 6) doubled penalties against stubble burning and notified new rules under the Environment Protection Act (EPA) 1986 for lodging complaints, conducting investigations and setting up the adjudication process for environmental pollution.

This comes about two weeks after the Supreme Court called the Environmental Protection Act (EPA) of 1986 and small fines for stubble burning “toothless”.

The Union government notified the Commission for Air Quality Management in the National Capital Region and Adjacent Areas (Imposition, Collection and Utilization of Environmental Compensation for Stubble Burning) Amendment Rules, 2024, to double the environmental compensation imposed against stubble burning.

The amended rules were notified under the Commission for Air Quality Management in the National Capital Region and Adjoining Areas Act, 2021, and will come into effect immediately, without a draft being placed in the public domain for public consultation. indian express reported.

Under the updated rules, penalties for stubble burning vary depending on the size of the land: farmers owning less than two acres will be fined Rs 5,000; those with two to five acres, 10,000 rupees; and more than five acres, 30,000 rupees.

Earlier, the fines were fixed at Rs 2,500, Rs 5,000 and Rs 15,000 respectively.

Additionally, the government notified the Environment Protection (Manner of Conducting Investigations and Imposition of Penalties) Rules, 2024, which outlines the process of lodging complaints with pollution control boards, Commission for Quality Management of Air and the offices of the Union Environment Ministry.

It also established the process for conducting an investigation into complaints against environmental pollution and for adjudicating such complaints.

In its order dated October 23, the Supreme Court noted that after the passing of the Jan Vishwas Act, prosecution for violation was replaced by sanctions.

However, no rules were notified to give effect to this provision.

“The replaced Section 15 has been rendered completely ineffective due to inaction on the part of the Government of India. Neither the Rules are framed to support such provision nor the adjudicating officers have been appointed as provided under Section 15C, though more than six months have passed since the date on which the substituted Section 15 came into force,” the court said. Justices Abhay S. Oka, Ahsanuddin Amanullah and Augustine George Masih said.

“As adjudicating officers are not appointed under Section 15C, the law enforcement mechanism cannot impose sanctions under Section 15. In the absence of a mechanism created by the Government of India, Section 15 replaced has been rendered ineffective,” the order said.

The top court also expressed displeasure over the selective and inadequate action to recover environmental compensation for rice stubble burning.

“Unless the power under Section 15 of the Act is properly exercised, there can be no effective action against the violators. We expect the Government to take action within two weeks from today,” the court said in the order.

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