The Water (Prevention and Control of Pollution) Amendment Bill, 2024 (“Bill”) has been introduced by Ministry of Environment, Forest and Climate Change (“MoEFCC”) in the Rajya Sabha which seeks to amend the Water (Prevention and Control of Pollution) Act, 1974(“Act”). The Bill initially applies to States of Himachal Pradesh and Rajasthan and the Union territories and shall apply to States which will adopt this by resolution.
The purpose of the Bill is to prescribe different penalty as well as to reduce harassment for minor violations which are very simple infringements. The Bill proposes to rationalize criminal provisions and ensure citizens, business and companies operate without fear of imprisonment for minor, technical or procedural defaults. It seeks to balance severity of the offence and gravity of punishment.
Key Highlights: –
a. Exemption of consent requirement for establishing industry
According to the Act, prior consent of SPCB is a requisite to establish any industry or treatment plant, which is likely to discharge sewage into a water body, sewer or land. The Bill lays down that the central government, after consulting with the CPCB, can exclude certain categories of industrial plants from obtaining consent. The Bill also states that the central government can issue guidelines to grant, refuse, or cancel consent granted by the SPCB. Under the Act, establishing and operating an industry without obtaining consent from the SPCB is punishable with imprisonment up to six years and fine and this has been retained by the Bill. It even penalizes tampering with monitoring devices used for determining whether any industry or treatment plant can be set up. The penalty is between Rs 10,000 and Rs 15 lakh.
b. Penalty for discharge of polluting matters
As per the Act, the SPCB has been envisaged with the power to issue directions for immediately preventing any activity that leads to discharging noxious or polluting matter in water bodies. It imposes prohibition for violation of standards which has been laid down by the SPCB regarding polluting matter in water bodies or on land and bars certain exemptions. These exemptions include depositing non-polluting materials on the bank of a stream to reclaim land. If these provisions are infringed then the offender will be punished with imprisonment for term between one and half years and six years and fine. The Bill removes the imprisonment and instead impose a penalty between Rs 10,000 and Rs 15 lakh.
c. Penalty for other offences
As per the Act, if an offence is committed for which punishment has not been explicitly prescribed; then such offence is punishable with imprisonment for a period that can extend to three months or a fine up to Rs 10,000, or both. The Bill seeks to remove imprisonment and prescribes penalty between Rs 10,000 and Rs 15 lakh. Failure to pay the prescribed penalty for violating any provision under the Act will attract an imprisonment for a term which can extend to three years, or fine up to twice the penalty imposed.
d. Environment Protection Fund
If any penalty or additional penalty has been imposed by the adjudicating officer, the amount of penalty imposed has to be credited to Environmental Protection Fund.
The Amendment is attached herewith for your reference.
