Proposals to decriminalize offences underway to the Water (Prevention and Control of Pollution) Act, 1974; public comments invited by 21.07.2022
With a view to decriminalize existing provisions and lighten harsh penalties for simple violations and universalize the process across jurisdictions, the Ministry of Environment, Forest and Climate Change (“Ministry”), has rolled out its proposals to amend the existing provisions of the Water (Prevention and Control of Pollution) Act, 1974 basis inputs from various stakeholders. By way of a Notice dated 30th June, 2022, the Ministry has invited comments from the general public on this proposal.
Key Highlights:
- The amendment proposes to introduce the definition of the term “Fund”, meaning the “Water Pollution Remediation Fund” where the amount of penalty imposed by the Adjudicating Officer while adjudicating the damage to the environment would be remitted.
- The amendment proposes to insert new provisions to replace the penalty of initiating proceedings in the Court with financial penalties for violation of provisions under the Act. Violations regarding failure to have in place emergency measures in case of pollution or stream or well, not abiding by the restrictions provided by the board when restraining any person who is likely to cause pollution in case of pollution or stream or well, or in case of any failure to comply with directions stated to execute within a specific time as per mentioned, or for any destruction or obstruction or damages caused to any person acting under the board exercising his powers, or for any contravention of certain provisions of the act, and for any cognizance of the offence will be dealt by imposing financial penalties instead of prosecution in court of law. However, violations under Section 25 which deals with the restrictions on new outlets and new discharges and obtaining prior clearance for the same will attract criminal liability;
- Further, the amendment has proposed utilization of the funds accumulated by way of financial penalty in compensating the affected parties and restoring the environmental damage;
- Also, the amendment has proposed to insert new sections which would empower the Central Government to issue notifications for specific categories of industries (green categories) to obtain prior Environmental Clearance before operating/ establishing of such industries under the Act and prescribe guidelines on the matters related to grant, refuse or cancel consent given by any State Board to establish or operate any industrial unit in any air pollution area, etc.
Comments/ suggestions, if any, must be addressed in writing to Sh. Ved Prakash Mishra, IInd Level, Prithvi Wing, Indira Paryavaran Bhawan, Jor Bagh Road, New Delhi – 110003 in writing or through e-mail at (cpwater.comments-mef@gov.in) with the subject, “Comments/suggestions on the proposed amendments in the Water (Prevention and Control of Pollution) Act, 1974”. on or before 21st July, 2022.
A tabular representation of the proposed amendment has been provided in the Notification issued by the Ministry and has been linked below for your ease of reference.
Source: Ministry of Environment, Forest and Climate Change
