Water Prevention and Control of Pollution Amendment Bill 2024

February 7, 2024

GS Paper II Indian Polity and Governance

Context:

Recently Rajya Sabha Passed Water Prevention and Control of Pollution Amendment Bill 2024.

Water Prevention and Control of Pollution Amendment Bill 2024

It amends the Water Prevention and Control of Pollution Act, 1974.
- Decriminalizes several violations, and instead imposes penalties.
- Changes in the Appointment of Chairman of the state Board .
- It will initially apply to Himachal Pradesh, Rajasthan, and the union territories.

Provisions	Water Prevention and Control of Pollution Act 1974:	Water Prevention and Control of Pollution Amendment Bill 2024
Consent exemptions for establishing industries	As per the Water Prevention and Control of Pollution Act 1974, 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.	The Water Prevention and Control of Pollution Amendment Bill 2024 specifies that the central government, in consultation with the CPCB, may exempt certain categories of industrial plants from obtaining such consent. The Bill also adds that the central government may issue guidelines for the grant, refusal, or cancellation of consent granted by the SPCB.
In the Appointment of Chairman of State Board	Under the Act, the chairman of an SPCB is nominated by the state government.	It adds that the central government will prescribe the manner of nomination and the terms and conditions of service of the chairman.
Discharge of polluting matter	The SPCB may issue directions to immediately restrain any activity which is leading to discharge of noxious or polluting matter in water bodies. The Act also prohibits violation of standards (laid down by SPCB) regarding polluting matter in water bodies or on land, barring some exemptions. Exemptions include depositing non-polluting materials on the bank of a stream for reclaiming land. Penalty : 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 15 lakh.
Tempering with Monitoring devices	No Such provision is mentioned in the act	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 15 lakh.
Penalty for other offences	Under the 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. Failure to pay 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.	The Bill removes imprisonment as a punishment, and prescribes a penalty between Rs 10,000 and Rs 15 lakh.
Cognizance of offences:	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.
Offences by government departments	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.

Penalty for the offenses & Decriminalisation of Minor offenses

- The Water Prevention and Control of Pollution Amendment Bill removes imprisonment as a punishment, and prescribes a penalty between Rs 10,000 and Rs 15 lakh.
Appointment of Adjudicating officer to determine penalties: Adjudicating officers will Decide on a penalty in cases of Violations.
Cognizance of offenses:
- A court may take cognizance of an offense if a complaint is made by As per the Act, the CPCB or SPCB, or a person who has given a notice of the complaint to the Boards & It adds that cognizance may also be taken if a complaint is made by the adjudicating officer.
Offenses by government departments : 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.

Significance of the Amendment

Balancing Development and Environmental protection : It will ensure that citizens, businesses, and companies can operate without the looming threat of imprisonment for minor, technical, or procedural defaults.
Enhance transparency in addressing water pollution concerns : The penal consequences of offenses will align with the severity of the transgressions, promoting a fair and proportionate approach.

About the Water Prevention and Control of Pollution Act 1974:

Water Prevention and Control of Pollution Act is the first national law for pollution control in india.
It establishes an institutional structure for preventing & abating water pollution.
It sets standards for water quality & effluent.
Main Aim of the act : To check water pollution of major rivers & its subsidiaries due to sewage systems,chemicals from fertilizers & insecticides.
Polluting Industries must seek permission to discharge waste into effluent bodies.
CPCB was constituted under this act.

The Central Pollution Control Board (CPCB)

It was constituted in September, 1974 under the Water Prevention and Control of Pollution Act, 1974.
- It is also entrusted with the powers and functions under the Air (Prevention and Control of Pollution) Act, 1981.
Principal Functions:
- To promote cleanliness of streams and wells in different areas of the States by prevention, control and abatement of water pollution, and
- To improve the quality of air and to prevent, control or abate air pollution in the country.
It also provides technical services to the Ministry of Environment and Forests of the provisions of the Environment (Protection) Act, 1986.

Also Read: Air Pollution In Delhi

News Source : The Hindu

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