Members, officers and employees of the authority constituted under section 3 to be public servants
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 (45 of 1860).
In plain English
What this section actually means
Section 21 deems every member, officer and employee of any Section-3(3) authority to be a 'public servant' under Section 21 IPC (now corresponding provision under Section 2(28) of the Bharatiya Nyaya Sanhita, 2023).
Two legal consequences flow. First, the criminal-law protections available to public servants — for example, the need for sanction under Section 197 CrPC (now Section 218 BNSS, 2023) before prosecution for acts done in official capacity — apply. Second, the criminal-law obligations also apply — bribery, criminal misconduct under the Prevention of Corruption Act, 1988 and the public-servant offences in the BNS all attach.
Real life
What this looks like in real life
CAQM technical member taking a bribe
Setup. A technical member of the Commission for Air Quality Management is alleged to have demanded ₹5 lakh for facilitating a clearance.
What the law does. Section 21 deems him a public servant. The Prevention of Corruption Act, 1988 directly applies. Prosecution lies under Sections 7 and 13 of the PC Act.
Cross-references
Read this alongside
- Indian Penal Code, 1860 (now Bharatiya Nyaya Sanhita, 2023)§Section 21 IPC / Section 2(28) BNS·Definition of 'public servant' that Section 21 of EPA borrows.
- Prevention of Corruption Act, 1988§Sections 7, 13·Authority members deemed public servants attract anti-corruption offences.
Frequently asked
Questions about Section 21
Open this section in the source PDF
Environment Protection Act, 1986.pdf
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