Source-This post on Water (Prevention and Control of Pollution) Amendment Bill 2024 is based on the article “Rajya Sabha passes Bill to amend Water Act, decriminalize minor pollution-linked crimes” published in “The Indian Express” on 7th February 2024.
Why in the News?
Water (Prevention and Control of Pollution) Amendment Bill 2024, was recently passed by the Parliament. This bill effectively decriminalizes almost all penal provisions except sections 25 and 26 in the earlier 1974 Water (Prevention and Control of Pollution) Act.
Section 25 pertains to the mandatory requirement of obtaining consent to operate from state pollution boards, while section 26 deals with the discharge of sewage or trade effluents.
What is Water (Prevention and Control of Pollution) Amendment Bill 2024
1. To amend– The Water (Prevention and Control of Pollution) Act 1974.
2. Applicability– Initially, its application will be limited to Himachal Pradesh, Rajasthan, and the union territories. Other states have the option to pass resolutions to extend its applicability within their jurisdictions.
Key provisions of the bill:
1. Industrial Establishment Consent Exemptions:- According to Section 25 of the 1974 Act, approval from the SPCB was needed before setting up any outlet expected to release sewage or trade effluent into water bodies, sewers, or land. However, the proposed bill provides certain Industrial Establishment Consent exemptions-
a. The proposed Bill allows the Central government, in consultation with the CPCB, to exempt specific industrial plants from this requirement.
b. The central government may issue guidelines for granting, refusing, or revoking consent granted by the SPCB.
2. Additional penal provision under section 25 of the Act- The bill retains the penal provision under Section 25 of the original Act. The establishment and operation of an industry without obtaining SPCB consent will still be punishable with imprisonment up to six years and fine.
It also introduces an additional penalty between Rs 10,000 and Rs 15 lakh for tampering with monitoring devices used to determine the setting up of any industry or treatment plant.
3. Selection of Chairman of State Pollution Control Board- Under the 1974 Act, the state government nominated the chairman of a State Pollution Control Board (SPCB). However, according to the amendment Bill now, central government will determine the nomination process and the terms of service for the chairman of SPCB.
4. Offences related to polluting matter:
a. Change of imprisonment to fines in pollution offence- Under the 1974 Act, the offenders of discharge of polluting matter faced imprisonment between one and a half to six years. The 2024 amendment Bill replaces imprisonment with penalties ranging from Rs 10,000 to Rs 15 lakh.
b. Imprisonment in case of failure to pay fines- Failure to pay penalties may lead to imprisonment up to three years or a fine double the penalty amount.
5. Adjudicating officer to determine penalties:
a. The 2024 amendment Bill allows the central government to appoint adjudication officers to decide penalties under the Act.
b. Appeals against their orders can be made to the National Green Tribunal, with a deposit of 10% of the penalty.
c. Penalties collected will go to the Environment Protection Fund established under the Environment (Protection) Act, 1986.
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