[5
OF 2024] [15th
February 2024] An Act further to amend the
Water (Prevention and Control of Pollution) Act, 1974. WHEREAS in pursuance of
clause (1) of article 252 of the Constitution, the Water (Prevention and
Control of Pollution) Act, 1974 had been passed by Parliament; AND WHEREAS it is considered
necessary to make certain amendments thereto for decriminalising and
rationalising minor offences to further enhance trust-based governance for ease
of living and doing business; AND WHEREAS in pursuance of
clause (1) of article 252 of the Constitution read with clause (2) thereof,
resolutions have been passed by the Legislative Assemblies of the States of
Himachal Pradesh and Rajasthan to the effect that the said Act should be
amended by an Act of Parliament for the purposes hereinafter appearing. BE it enacted by Parliament
in the Seventy-fifth Year of the Republic of India as follows:- (1)
This Act may be called the Water (Prevention
and Control of Pollution) Amendment Act, 2024. (2)
It applies, in the first instance, to the
whole of the States of Himachal Pradesh and Rajasthan and the Union
territories; and it shall apply to such other State which adopts this Act by
resolution passed in that behalf under clause (1) of article 252 of the
Constitution read with clause (2) thereof. (3)
It shall come into force, at once in the
States of Himachal Pradesh and Rajasthan and the Union territories, and in any
other State which adopts this Act under clause (1) of article 252 of the
Constitution read with clause (2) thereof on the date of such adoption. In section 4 of the Water
(Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as the
principal Act), in sub-section (2), in clause (a), after the words "State
Government", the words "in such manner as may be prescribed by the
Central Government" shall be inserted. In section 5 of the
principal Act, in sub-section (9), after the word "prescribed", the
words "by the Central Government" shall be inserted. In section 25 of the
principal Act, in sub-section (1), for the proviso, the following proviso shall
be substituted, namely:- "Provided that the
Central Government may in consultation with the Central Board, by notification
in the Official Gazette, exempt certain categories of industrial plants from
the provisions of this sub-section.". After section 27 of the
principal Act, the following section shall be inserted, namely:- "27A.
Power to issue guidelines. (1)
Notwithstanding anything in this Act, the
Central Government in consultation with the Central Board, may, by notification
in the Official Gazette, issue guidelines on the matters relating to the grant,
refusal or cancellation of consent by any State Board for establishment of any
industry, operation or process, or treatment and disposal system or to bringing
into use of a new or altered outlet including the mechanism for time-bound
disposal of the application made under section 25 or period of validity of such
consent. (2)
Every State Board, in discharge of its
functions for the purposes of grant, refusal or cancellation of consent under
section 25 or section 27 shall act in accordance with the guidelines issued
under sub-section (1).". For section 41 of the principal
Act, the following sections shall be substituted, namely:- "41.
Failure to comply with provisions of section 20 or directions issued
thereunder. (1)
Whoever contravenes or does not comply with
the directions given under sub-section (2) or sub-section (3) of section 20,
within such time as may be specified in the direction, shall, in respect of
each such contravention or non-compliance, be liable to pay a penalty which
shall not be less than ten thousand rupees, but which may extend to fifteen
lakh rupees. (2)
Where any person continues contravention or
non-compliance under sub-section (1), he shall be liable to pay an additional
penalty of ten thousand rupees every day during which such contravention
continues. 41A.
Failure to comply with provisions of section 32, or directions issued under
section 33 or section 33A (1)
Whoever contravenes or does not comply with
any order or direction issued under clause (c) of sub-section (1) of section 32
or any direction issued by a court under sub-section (2) of section 33 or any
direction issued under section 33A, shall, in respect of each such
contravention or noncompliance, be liable to pay the penalty which shall not be
less than ten thousand rupees, but which may extend to fifteen lakh rupees. (2)
Where any person continues contravention or
non-compliance under sub-section (1), he shall be liable to pay an additional
penalty of ten thousand rupees every day during which such contravention
continues.". In section 42 of the
principal Act,- (a)
in sub-section (1), for the long line, the
following long line shall be substituted, namely:- "shall be liable to pay
penalty which shall not be less than ten thousand rupees, but which may extend
to fifteen lakh rupees."; (b)
for sub-section (2), the following
sub-section shall be substituted, namely:- "(2)
Where any person continues contravention
or non-compliance under sub-section (1), he shall be liable to pay an
additional penalty of ten thousand rupees every day during which such
contravention continues.". For sections 43 and 44 of
the principal Act, the following sections shall be substituted, namely:- "43.
Penalty for contravention of provisions of section 24 Whoever contravenes the provisions
of section 24, shall be liable to pay the penalty which shall not be less than
ten thousand rupees, but which may extend to fifteen lakh rupees and where such
contravention continues, he shall be liable to pay an additional penalty of ten
thousand rupees every day during which such contravention continues. 44.
Penalty for contravention of section 25 or section 26 Where for the purpose of
grant of a consent in pursuance of the provisions of section 25 or section 26,
the use of a meter or gauge or other measure or monitoring device is required
and such device is used for the purposes of those provisions, any person who
knowingly or wilfully alters or interferes with that device so as to prevent it
from monitoring or measuring correctly shall be liable to pay penalty which
shall not be less than ten thousand rupees, but which may extend to fifteen
lakh rupees.". Section 45 of the principal
Act shall be omitted. For section 45A of the
principal Act, the following sections shall be substituted, namely:- 45A.
Penalty for contravention of certain provisions of Act. If any person contravenes
any of the provisions of this Act or any order or direction issued thereunder,
for which no penalty has been provided for in this Act, shall be liable to pay
the penalty which shall not be less than ten thousand rupees, but which may
extend to fifteen lakh rupees, and where such contravention continues, he shall
be liable to pay an additional penalty which may extend to ten thousand rupees
for every day during which such contravention continues. 45B.
Adjudicating officer. (1)
The Central Government, for the purposes of
determining the penalties under the provisions of this Act shall appoint an
officer not below the rank of Joint Secretary to the Government of India or a
Secretary to the State Government to be the adjudicating officer, to hold an
inquiry and to impose the penalty in the manner, as may be prescribed: Provided that the Central
Government may appoint as many adjudicating officers as may be required. (2)
The adjudicating officer may summon and
enforce the attendance of any person acquainted with the facts and
circumstances of the case to give evidence or to produce any document, which in
the opinion of the adjudicating officer, may be useful for or relevant to the
subject-matter of the inquiry and if, on such inquiry, he is satisfied that the
person concerned has contravened the provisions of this Act, he may determine
such penalty as he thinks fit under the provisions of this Act: Provided that no such
penalty shall be imposed without giving the person concerned an opportunity of
being heard in the matter. (3)
The amount of penalty imposed under the
provisions of sections 41, 41A, 42, 43, 44, 45A and 48, shall be in addition to
the liability to pay relief or compensation under section 15 read with section
17 of the National Green Tribunal Act, 2010. 45C.
Appeal. (1)
Any person aggrieved by the order passed by
the adjudicating officer under section 45B may prefer an appeal to the National
Green Tribunal established under section 3 of the National Green Tribunal Act,
2010. (2)
Every appeal under sub-section (1) shall be
filed within sixty days from the date on which the copy of the order made by
the adjudicating officer is received by the aggrieved person. (3)
The National Green Tribunal may, after giving
the parties to the appeal an opportunity of being heard, pass such order as it
thinks fit, confirming, modifying or setting aside the order appealed against. (4)
Where an appeal is preferred against any
order of the adjudicating officer under sub-section (1), such appeal shall not
be entertained by the Tribunal unless such person has deposited with the
Tribunal ten per cent. of the amount of the penalty imposed by the adjudicating
officer. 45D.
Penalty amount to be credited to Environmental Protection Fund. Where an adjudicating
officer imposes penalty or additional penalty, as the case may be, under the
provisions of this Act, the amount of such penalty shall be credited to the
Environmental Protection Fund established under section 16 of the Environment
(Protection) Act, 1986. 45E.
Offences for failure to comply with provisions of section 25 or 26 and for
failure to pay penalty. (1)
Whoever fails to comply with the provisions
of section 25 or section 26, in respect of each such failure, shall be
punishable with imprisonment for a term which shall not be less than one year
and six months but which may extend to six years and with fine, and in case the
failure continues, with an additional fine which may extend to fifty thousand
rupees for every day during which such failure continues after the conviction
for the first such failure. (2)
If the failure referred to in sub-section (1)
continues beyond a period of one year after the date of conviction, the
offender shall be punishable with imprisonment for a term which shall not be
less than two years but which may extend to seven years and with fine. (3)
Where any person fails to pay the penalty or
the additional penalty, as the case may be, imposed under the provisions of
this Act within ninety days of such imposition, he shall be punishable with
imprisonment for a term which may extend to three years, or with fine which may
extend to twice the amount of the penalty or additional penalty so imposed or
with both. (4)
Where any offence under sub-section (1) or
sub-section (2) or sub-section (3) has been committed by a company, every
person who, at the time the offence was committed, was directly in charge of,
and was responsible to, the company for the conduct of the business of the
company, as well as the company, shall be deemed to be guilty of such offence
and he shall be liable to be proceeded against and punished accordingly: Provided that nothing in
this sub-section shall render any such person liable to any punishment provided
in sub-section (1) or sub-section (2) or sub-section (3), if he proves that the
offence was committed without his knowledge or that he exercised all due
diligence to prevent the commission of such offence. (5)
Notwithstanding anything in sub-section (4),
where an offence has been committed by a company and it is proved that the
offence has been committed with the consent or connivance of, or is
attributable to any neglect on the part of, any director, manager, secretary or
other officer of the company, such director, manager, secretary or other
officer shall also have deemed to be guilty of that offence and shall be liable
to be proceeded against and punished accordingly. Explanation.-For the
purposes of this section,- (a)
"company" includes body corporate,
firm, trust, society and any other association of individuals; (b)
"director", includes director of
the company, partner of the firm, members of the society or trust or member of
any association of individuals, as the case may be. Section 47 of the principal
Act shall be omitted. For section 48 of the
principal Act, the following section shall be substituted, namely:- "48.
Penalty for contravention by Government Department. (1)
Where contravention of any provision of this
Act has been committed by any Department of the Central Government or State
Government, the Head of the Department shall be liable to pay the penalty equal
to one month of his basic salary: Provided that such Head of
the Department shall not be liable for such contravention, if he proves that
the contravention was committed without his knowledge or instructions or that
he exercised all due diligence to prevent such contravention. (2)
Where any contravention under sub-section (1)
is attributable to any neglect on the part of, any officer, other than the Head
of the Department, such officer shall be liable to pay the penalty equal to one
month of his basic salary: Provided that such officer
shall not be liable for the contravention, if he proves that he exercised all
due diligence to avoid such contravention.". In section 49 of the
principal Act, in sub-section (1), after clause (a), the following clause shall
be inserted, namely:- "(aa)
the adjudicating officer or any officer authorised by him in this behalf;
or". In section 63 of the
principal Act, in sub-section (2),- (i)
after clause (a), the following clause shall
be inserted, namely:- "(aa)
the manner of nomination of the chairman of the State Board and the terms and
conditions of service of the chairman of the State Board under clause (a) of
sub-section (2) of section 4 and under sub-section (9) of section 5;"; (ii)
after clause (m), the following clause shall
be inserted, namely:- "(ma)
the manner of holding inquiry and imposing penalties by the adjudicating
officer under section 45B;". In section 64 of the
principal Act, in sub-section (2), in clause (e), for the words, brackets and
figures "the chairman and the member-secretary of the State Board under
sub-section (9) of section 5 and", the words "the member secretary of
the State Board" shall be substituted.The
Water (Prevention And Control Of Pollution) Amendment Act, 2024
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