The Water (Prevention and Control of Pollution) Amendment Act, 2024, published on 15th February, amends The Water (Prevention and Control of Pollution) Act, 1974. Amendment decriminalizes and rationalizes minor offences related to water pollution, and notes that such rationalization is necessary to enhance trust-based governance for ease of living and doing business.
Present Amendment was enacted by Parliament based on resolutions passed by Legislative Assemblies of Himachal Pradesh and Rajasthan, and thus, the amended provisions are applicable only in the States of Himachal Pradesh and Rajasthan, and all Union Territories. Amended provisions shall apply to any other State, only after the Legislative Assembly of the particular State passes a resolution to that effect.
1974 Act prescribes punishment of imprisonment for various offences, for a term varying from three months to seven years, in addition to penalty. Present Amendment removes the punishment of imprisonment for several offences, and prescribes only penalty ranging from ₹ 10 Thousand to ₹ 15 Lakhs.
Under the Amendment, the only offences attracting punishment of imprisonment are the offences related to discharge of sewage by industries, for which the Amendment prescribes punishment of imprisonment for a term ranging from one year and six months to six years, in addition to penalty. Amendment also prescribes enhanced punishment, if the offender fails to take corrective measures within one year from the date of first conviction, or if the offender fails to pay the penalty imposed.
For imposing the penalty and for holding the inquiry, Amendment empowers Central Government to appoint Adjudicating Officers. Amendment also introduces appellate mechanism, wherein orders passed by Adjudicating Officers can be appealed to National Green Tribunal within sixty days, after depositing 10% of the penalty imposed.
Under the original Act, for offences committed by Government Departments, the Head of the Department was deemed guilty and was liable to face same punishment as that of any offender. Present Amendment amends this provision by prescribing only a penalty equal to one month of the basic salary for any offence. At the same time, Amendment extends the liability of the offence to all such officers, under whose neglect the contravention occurred, and makes them liable to pay a penalty equal to one month of their basic salary.
Amendment prescribes penalty, paid by the offenders, to be credited to the Environment Protection Fund, established under Environment (Protection) Act, 1986.
A controversial provision in the Amendment, that attracted attention of environmental experts, empowers Central Government, in consultation with Central Pollution Control Board, to exempt certain categories of industrial plants from the provisions related to discharge of sewage.
Additionally, Amendment empowers Central Government to prescribe guidelines to States in the appointment and service conditions of Chairperson to State Pollution Control Boards.
Amendment also empowers Central Government, in consultation with Central Board, to issue guidelines on consent by State Boards for establishment of any industry, and mandates State Boards to act in accordance with the prescribed guidelines.
You can download the Act text here.
