WATER (PREVENTION AND CONTROL OF POLLUTION) AMENDMENT BILL, 2024 - GOVERNANCE
News:
Parliament clears Water
Prevention and Control of Pollution Amendment Bill
What's
in the news?
●
The Water (Prevention and Control of
Pollution) Amendment Bill, 2024 was introduced in Rajya Sabha.
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It amends the Water (Prevention and
Control of Pollution) Act, 1974.
The
Water (Prevention and Control of Pollution) Amendment Bill, 2024:
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The Act establishes the central and state
pollution control boards (CPCB and SPCBs) to prevent and control water
pollution.
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The Bill decriminalises several
violations, and instead imposes penalties.
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It will initially apply to Himachal Pradesh, Rajasthan, and the union
territories.
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Other states may pass resolutions to
extend its applicability to their states.
Salient
Features:
1.
Consent exemptions for establishing industries:
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As per the original Act, prior consent of the SPCB is required for
establishing any industry or treatment plant, which is likely to discharge
sewage into a water body, sewer, or land.
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The Bill specifies that the central government, in consultation with
the CPCB, may exempt certain categories of industrial plants from obtaining
such consent.
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The Bill also adds that the central government may issue guidelines for
the grant, refusal, or cancellation of consent granted by the SPCB.
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Under the original Act, establishing and
operating an industry without obtaining such consent from the SPCB is
punishable with imprisonment up to six years and fine. The Bill retains this.
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It also penalises tampering with
monitoring devices used in determining whether any industry or treatment plant
can be set up. The penalty will be
between Rs 10,000 and Rs 15lakh.
2.
Chairman of State Board:
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Under the original Act, the chairperson of
an SPCB is nominated by the state government.
●
The Bill adds that the central government will prescribe the
manner of nomination and the terms and conditions of service of the chairman.
3.
Discharge of Polluting Matter:
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Under the original Act, the SPCB may issue
directions to immediately restrain any activity which is leading to discharge
of noxious or polluting matter in water bodies.
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The Act also prohibits violation of
standards (laid down by SPCB) regarding polluting matter in water bodies or on
land, barring some exemptions.
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Exemptions include depositing
non-polluting materials on the bank of a stream for reclaiming land.
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Violation of these provisions is
punishable with an imprisonment term between one and a half years and six
years, and a fine.
●
The
Bill removes the punishment and instead, imposes a penalty between Rs 10,000
and Rs 15lakh.
4.
Penalty for other offences:
●
Under the original Act, an offence for
which punishment is not explicitly specified is punishable with an imprisonment
term of up to three months or a fine of up to Rs 10,000, or both.
●
The Bill removes imprisonment as a punishment, and prescribes a penalty between
Rs 10,000 and Rs 15 lakh.
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Failure to pay a penalty for violation of
any provision under the Act will attract an imprisonment term of up to three
years, or a fine up to twice the amount of penalty imposed.
5.
Adjudicating officer to determine penalties:
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The Bill allows the central government to
appoint adjudication officers to determine penalties under the Act.
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The officer must be of the level of a
Joint Secretary to the central government, or of Secretary to the state
government.
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Appeals against orders passed by the
adjudicating officer may be made before the National Green Tribunal, after
depositing 10% of the penalty levied.
●
Penalties imposed by the adjudicating
officer will be credited to the Environment Protection Fund established under
the Environment (Protection) Act, 1986.
6.
Cognizance of offences:
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As per the Act, a court may take
cognizance of an offence if a complaint is made by the CPCB or SPCB, or a
person who has given a notice of the complaint to the Boards.
●
The Bill adds that cognizance may also be
taken if a complaint is made by the adjudicating officer.
7.
Offences by government departments:
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Under the Act, the head of a department
will be deemed guilty for offences committed by government departments,
provided that they prove due diligence was carried out to avoid such
contravention.
●
The Bill specifies that the head of a
department will be required to pay a penalty equal to one month of their basic
salary if the department violates any provision of the Act.