Parliament Clears Water (Prevention and Control of Pollution) Amendment Bill, 2024

With an aim inter-alia to rationalize minor offenses related to water pollution, the Parliament on Thursday (February 8) cleared the Water (Prevention and Control of Pollution) Amendment Bill, 2024.

The Bill seeks to amend the Water (Prevention and Control of Pollution) Act, 1974. It proposes decriminalizing several "minor" violations related to water pollution (instead, imposing penalties), enabling the Centre to prescribe service conditions of chairpersons of State Pollution Control Boards (SPCBs), and exempting certain categories of industrial units from statutory restrictions.

As and when enacted, the proposed law shall initially apply to States of Himachal Pradesh and Rajasthan, as well as the Union Territories. Other States would be open to pass resolutions to extend its applicability to their territories.

Key changes sought to be brought about by the Bill, purportedly to "enhance trust-based governance" for ease of living and doing business, are discussed hereunder.

(A) Consent exemptions for establishing industries: As per Section 25 of the 1974 Act, before establishing any outlet, which is likely to discharge sewage or trade effluent into a water body, sewer, or land, prior consent of the SPCB is required. The Bill specifies that the Central government, in consultation with the CPCB, may exempt certain categories of industrial plants from obtaining such consent. It further says that the Central government may issue guidelines for the grant, refusal, or cancellation of consent granted by the SPCB. The Bill adds a monetary penalty for tampering with monitoring devices used in determining whether any industry or treatment plant can be set up.

(B) Chairman of State Board: The 1974 Act authorizes the State government to nominate Chairman of SPCBs. The Bill retains this but adds that the Central government may prescribe the manner of nomination of the Chairman. It further says that the terms and conditions of service of the Board's Chairman and its members may be prescribed by the Central government. 

(C) Discharge of polluting matter: The 1974 Act restrains discharge of polluting matter in water bodies or on land, barring some exemptions. The exemptions include depositing non-polluting materials on the bank of a stream for reclaiming land. Violation of these provisions is punishable with an imprisonment term between 1.5-6 years, and a fine. The Bill does away with imprisonment and imposes a monetary penalty (Rs.10,000 to Rs.15 lacs).

(D) Penalty for other offences: Offenses in respect of which the 1974 Act does not explicitly stipulate punishment are punishable with imprisonment of upto 3 months, or fine of upto Rs.10,000, or both. The Bill does away with imprisonment as a punishment and prescribes a penalty between Rs. 10,000 and Rs. 15 lacs.

(E) Adjudicating officer to determine penalties: The Bill allows the Central government to appoint adjudication officers to determine penalties under the 1974 Act. Appeals against the Adjudicating Officer's orders will lie before the National Green Tribunal, subject to a deposit of 10 percent of the penalty imposed.

(F) Cognizance of offences: Under the 1974 Act, a court can 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 another instance where cognizance may be taken ie if a complaint is made by the adjudicating officer.

(G) Offences by government departments: As per the 1974 Act, the head of a department (HoD) is to be deemed guilty for offences committed by government departments (except when absence of knowledge and/or due diligence is established). The Bill obligates the HoD to pay penalty equal to 1 month of their basic salary if the department violates any provision of the Act.

First introduced in the Rajya Sabha by Union Minister of State for Environment, Forest and Climate Change Ashwini Kumar Choubey, the Bill was passed by the Upper House on February 6, 2024 by voice vote. It was considered for voting and passing in the Lok Sabha on February 8, when it came to be cleared by voice vote by the lower House as well.