(1) Where an offence under this Act has been committed by Off«ic» by any Department of Government, the Head of the Department shall Governmcm be deemed to be guilty of the offence and shall be liable to be Dep*"- proceeded against and punished accordingly:
Provided that nothing contained in this section shall render such Head of the Department liable to any punislmient if he proves that the offence was committed without his knowledge or that he exercised ail due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed bya Department of Government.and It is proved that the offence has been committed with.the consent or connivance of, or is attributable lo any neglect on the'part of, any officer, other than the Head of the Department, such officer shall also be deemed to be guilty o( that offence and shall be liable to be proceeded against and punished accordingly.
12 THE ENVIRONMENT (PROTECTION) ACT, 1986
CHAPTER IV Protection or action taken in good faith.
MISCELLANEOUS
18. No suit, prosecution or other legal proceeding shall lie against the Government or any officer or other employee of the Government or any authority constituted under this Act or any member, officer or other employee of such authority in respect of anything which is done or intended to be done in good faith in pursuance of this Act or the rules made or orders or directions issued thereunder.
Cogni»m« 1& No court shall take cognizance of any offence under this Act of offence, except on a complaint made by;—
(a) the Central Government or any authority or officer autho rised in this behalf by that Government; or
(b) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Central Government or the authority or officer authorised as aforesaid.
Informa tion.
reports or returns Members.
officers and employees of the autho rity con stituted under section 3 lo he public servants.
20. The Central Government may, in relation to its functions under this Act, from time to time, require any person, officer, State Government or other authority to furnish to it or any prescribed authority or officer any reports, returns, statistics, accounts and other information and such person, officer. State Government or other authority shall be bound to do so.
21. All the members of the authority, constituted, if any, under section 3 and all officers and other employees of such authority when acting or purporting to act in pursuance of any provisions of this Act or the rules made or orders or directions issued thereunder shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
Bar of jurisdic tion.
« • No civil court shall have jurisdiction to entertain any suit or proceeding in respect of anything done, action taken or order or direction issued by the Central Government or any other authority or /H£ ENVIRONMENT (PROTECTION) ACT, 1986 13 officer in pursuance of any power conferred by or in relation to its or Ms functions under ibis Act.
23. Without prejudice to the provisions of sub-section (3) of Power io section 3, the Central Government may, by notification in (he Official a*teg#e.
Gazette, delegate, subject to such conditions and limitations as may be specified in the notification, such of its powers and functions under this Act, [except the power to constitute an authority under sub section (3) of section 3 and to make rules under section 25] as it may deem necessary or expedient, to any officer. State Government or other authority.