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.
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In the Appointment of Chairman of State Board |
- Under the Act, the chairman of an SPCB is nominated by the state government.
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- It adds that the central government will prescribe the manner of nomination and the terms and conditions of service of the chairman.
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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.
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- The Bill removes the punishment and instead, imposes a penalty between Rs 10,000 and Rs 15 lakh.
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Tempering with Monitoring devices |
- No Such provision is mentioned in the act
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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 15 lakh.
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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.
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- The Bill removes imprisonment as a punishment, and prescribes a penalty between Rs 10,000 and Rs 15 lakh.
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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.
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- The Bill adds that cognizance may also be taken if a complaint is made by the adjudicating officer.
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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.
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- 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.
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