Proposed amendments to India’s Air (Prevention and Control of Pollution) Rules, 1982

Source: The post proposed amendments to India’s Air (Prevention and Control of Pollution) Rules, 1982 has been created, based on the article “Tough steps to clean the air may raise expenses in several sectors” published in “Live Mints” on 27th July 2024

UPSC Syllabus Topic: GS Paper3- environment-conservation

Context: The article discusses proposed amendments to India’s Air (Prevention and Control of Pollution) Rules, 1982, aimed at reducing air pollution. These changes will increase operational costs and oversight for industries, involve public feedback, and replace imprisonment with penalties for violations.

For detailed information on AIR (Prevention and Control of Pollution) ACT, 1981 read this article here

What are the Proposed Changes to Air Pollution Rules?

1. The MoEFCC is introducing a new chapter on adjudicating officers to grant quasi-judicial powers to bureaucrats in state and central government’s environment and pollution control departments.
2. This new chapter outlines conditions for their appointment, procedures for conducting inquiries, issuing penalties, and the factors to consider before imposing penalties.
3. Amendments under the Jan Vishwas (Amendment and Provisions) Act affect multiple laws, including the Air (Prevention and Control of Pollution) Act, Environment (Protection) Act, and Public Liability Insurance Act.
4. The changes include new sections like Section 39A and Section 16 of the EP Act, which did not exist before.
5. Section 53 of the Air Act is amended to detail the process for holding inquiries and imposing penalties by adjudicating officers.
6. Imprisonment for first-time violations will be replaced with monetary penalties to ease business operations.
7. Violators will face fines of Rs 10,000 and additional daily fines up to Rs 5,000 for continuous violations.
8. If penalties are not paid within 90 days, violators may face fines up to twice the penalty amount or imprisonment of up to three years.
9. Adjudicating officers will direct state pollution control boards or committees to initiate criminal proceedings if penalties remain unpaid.
10. Penalty amounts will be credited to the central government’s Environmental Protection Fund.

How Will These Changes Affect Businesses?

1. Stricter oversight will be imposed, leading to higher compliance costs, especially for smaller companies. For example, businesses found violating the rules will face fines of Rs 10,000, with additional daily fines of Rs 5,000 for ongoing violations.
2. Imprisonment will be replaced by monetary penalties, aiming to ease business operations but still adding financial burdens.
3. Companies must also adhere to enhanced disclosure requirements for the Environmental Protection Fund.
4. The need for strict adherence to these new rules may affect the profitability of businesses as they adjust to the new regulations.
5. Experts believe these changes, while costly, will create robust deterrents against pollution and benefit long-term environmental goals.

How Can the Public Contribute?

1. The government has made these proposed amendments available in the public domain and is inviting comments and feedback from the public and interested parties.
   2. Individuals can submit their objections or suggestions regarding the draft notification within 60 days from its issue date of July 24.

Question for practice:

Discuss the impact of the proposed amendments to India’s Air (Prevention and Control of Pollution) Rules, 1982 on businesses, particularly in terms of compliance costs and penalties.