Water Prevention and Control of Pollution Amendment Bill 2024

jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—24 REGISTERED NO. DL—(N)04/0007/2003—24 सससीीी...जजजीीी...---डडडीीी...xएएएxलललx...G---अअअI...D---000H666x000x222222x000222444---222555111888222777 CCCGGG---DDDxxLLLx---EEEG---000I666D000E222222x000x222x444---222555111888222777 vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 2 PART II—Section 2 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 4] ubZ fnYyh] lkseokj ] Qjojh 5] 2024@ek?k 16] 1945 ¼'kd½ No. 4] NEW DELHI, MONDAY, FEBRUARY 5, 2024/MAGHA 16, 1945 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. RAJYA SABHA ———— The following Bill has been introduced in the Rajya Sabha on the 5th February, 2024:— BILL NO. XVIII OF 2024 A Bill 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 6 of 1974. (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. (1) This Act may be called the Water (Prevention and Control of Pollution) Short title, Amendment Act, 2024. application and commencement.2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (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. Amendment 2. In section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter 6 of 1974. of section 4. 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. Amendment 3. In section 5 of the principal Act, in sub-section (9), after the word "prescribed", the of section 5. words "by the Central Government" shall be inserted. Amendment 4. In section 25 of the principal Act, in sub-section (1), for the proviso, the following of section 25. 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.". Insertion of 5. After section 27 of the principal Act, the following section shall be inserted, new section namely:— 27A. "27A. (1) Notwithstanding anything in this Act, the Central Government in Power to issue guidelines. 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).". Substitution 6. For section 41 of the principal Act, the following sections shall be substituted, of new namely:— sections 41 and 41A for section 41. Failure to "41. (1) Whoever contravenes or does not comply with the directions given comply with under sub-section (2) or sub-section (3) of section 20, within such time as may be provisions of specified in the direction, shall, in respect of each such contravention or non- section 20 or compliance, be liable to pay a penalty which shall not be less than ten thousand directions issued rupees, but which may extend to fifteen lakh rupees. thereunder. (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. (1) Whoever contravenes or does not comply with any order or direction Failure to comply with issued under clause (c) of sub-section (1) of section 32 or any direction issued by a provisions of court under sub-section (2) of section 33 or any direction issued under section 33A, section 32 or shall, in respect of each such contravention or non-compliance, be liable to pay the directions penalty which shall not be less than ten thousand rupees, but which may extend to issued under section 33 or fifteen lakh rupees. section 33A.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3 (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.". 7. In section 42 of the principal Act,— Amendment of section 42. (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.". 8. For sections 43 and 44 of the principal Act, the following sections shall be Substitution substituted, namely:— of new sections for sections 43 and 44. "43. Whoever contravenes the provisions of section 24, shall be liable to pay Penalty for the penalty which shall not be less than ten thousand rupees, but which may extend contravention to fifteen lakh rupees and where such contravention continues, he shall be liable to of provisions of section 24. pay an additional penalty of ten thousand rupees every day during which such contravention continues. 44. Where for the purpose of grant of a consent in pursuance of the provisions Penalty for of section 25 or section 26, the use of a meter or gauge or other measure or monitoring contravention device is required and such device is used for the purposes of those provisions, any of section 25 or section 26. 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.". 9. Section 45 of the principal Act shall be omitted. Omission of section 45. 10. For section 45A of the principal Act, the following sections shall be substituted, Substitution of namely:— new sections 45A to 45E for section 45A. '45A. If any person contravenes any of the provisions of this Act or any order Penalty for or direction issued thereunder, for which no penalty has been provided for in this Act, contravention of certain shall be liable to pay the penalty which shall not be less than ten thousand rupees, provisions of but which may extend to fifteen lakh rupees, and where such contravention continues, Act. 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. (1) The Central Government, for the purposes of determining the penalties Adjudicating under the provisions of this Act shall appoint an officer not below the rank of Joint officer. 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 any4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 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. 19 of 2010. Appeal. 45C. (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. 19 of 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. Penalty 45D. Where an adjudicating officer imposes penalty or additional penalty, as amount to be the case may be, under the provisions of this Act, the amount of such penalty shall be credited to credited to the Environmental Protection Fund established under section 16 of the Environmental Protection Environment (Protection) Act, 1986. 29 of 1986. Fund. Offences for 45E. (1) Whoever fails to comply with the provisions of section 25 or section 26, failure to in respect of each such failure, shall be punishable with imprisonment for a term comply with which shall not be less than one year and six months but which may extend to six provisions of years and with fine, and in case the failure continues, with an additional fine which section 25 or 26 and for may extend to fifty thousand rupees for every day during which such failure continues failure to pay after the conviction for the first such failure. penalty. (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 provesSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 5 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.'. 11. Section 47 of the principal Act shall be omitted. Ommission of section 47. 12. For section 48 of the principal Act, the following section shall be substituted, Substitution namely:— of new section for section 48. "48. (1) Where contravention of any provision of this Act has been committed Penalty for by any Department of the Central Government or State Government, the Head of the contravention by Government Department shall be liable to pay the penalty equal to one month of his basic salary: Department. 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.". 13. In section 49 of the principal Act, in sub-section (1), after clause (a), the following Amendment of clause shall be inserted, namely:— section 49. "(aa) the adjudicating officer or any officer authorised by him in this behalf; or". 14. In section 63 of the principal Act, in sub-section (2),— Amendment of section 63. (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;". 15. In section 64 of the principal Act, in sub-section (2), in clause (e), for the words, Amendment of brackets and figures "the chairman and the member-secretary of the State Board under sub- section 64. section (9) of section 5 and", the words "the member-secretary of the State Board" shall be substituted.6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Water (Prevention and Control of Pollution) Act, 1974 was enacted under article 252 of the Constitution to provide for the prevention and control of water pollution and the maintaining and restoring of wholesomeness of water, for the establishment, with a view to carrying out the purposes aforesaid, of Boards for the prevention and control of water pollution, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith. As required by the provisions of article 252 of the Constitution, the Legislative Assemblies of States of Himachal Pradesh and Rajasthan have passed Resolution for amending the Water (Prevention and Control of Pollution) Act, 1974 as proposed in the present Bill. 2. The corner stone of democratic governance lies in the Government trusting its own people and institutions. A web of outdated rules and regulations causes trust deficit. It has been the endeavour of the Government to achieve the principle of "Minimum Government Maximum Governance". The said Act, inter alia, prescribes various penal provisions for non-compliance or contravention of the provisions thereof punishable with imprisonments. The imprisonment provisions for minor violations which are simple infringements not leading to any injury to humans or damage to the environment many a times cause harassment to business and citizen and is not in consonance with the spirit of Ease of Living and Ease of Doing Business. 3. The Bill proposes for rationalising criminal provisions and ensuring that citizens, business and the companies operate without fear of imprisonment for minor, technical or procedural defaults. Also the nature of penal consequence of an offence committed must be commensurate with the seriousness of offence. This Bill seeks to establish a balance between the severity of the offence and the gravity of the punishment provided in this regard. 4. The Water (Prevention and Control of Pollution) Amendment Bill, 2024, inter alia, seeks to provide— (a) the manner of nomination of the chairman of the State Pollution Control Board is to be prescribed by the Central Government; (b) that the Central Government may exempt certain categories of industrial plants from the application of section 25 relating to restriction on new outlets and new discharges; (c) that the Central Government may 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 bringing into use of new or altered outlets, etc.; (d) for decriminalising of minor offences and replacing it with monetary penalty in case of continuation of contravention; (e) the manner of adjudication of penalties by the adjudicating officer who shall be an officer of not less than the rank of Joint Secretary to the Government of India or Secretary to the State Government; (f) punishment for failure to comply with the provisions of section 25 relating to restrictions on new outlets and new discharges and section 26 relating to existing discharge of sewage or trade effluent, etc.; (g) the amount of penalty imposed is to be credited to the Environmental Protection Fund established under section 16 of the Environment (Protection) Act, 1986. 5. The Bill seeks to achieve the above objectives. NEW DELHI; BHUPENDER YADAV. The 31st January, 2024.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 7 FINANCIAL MEMORANDUM The Bill, if enacted, would not involve any financial expenditure either recurring or non-recurring from the Consolidated Fund of India.8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 2] MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 2 of the Bill seeks to amend section 4 to confer power upon the Central Government to make rules to provide for manner of nomination of chairman of State Pollution Control Board. Clause 3 of the Bill seeks to amend section 5 to confer power upon the Central Government to make rules to provide the other terms and conditions of service of the chairman. Clause 10 of the Bill, inter alia, seeks to insert section 45B which confers power upon the Central Government to make rules to provide for the manner to hold an inquiry and to impose penalty by the adjudicating officer for the purpose of the Bill. The rules made by the Central Government shall be laid, as soon as they are made, before each House of Parliament. The matters in respect of which such rules may be made are matters of procedures and administrative details and it is not practicable to provide for them in the Bill itself. The delegation of legislative power is, therefore, of a normal character. __________ P.C. Mody, Secretary-General. PUBLISHED BY THE SECRETARY-GENERAL, RAJYA SABHA, UNDER RULE 68 OF THE RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE RAJYA SABHA AND UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 MGIPMRND—644GI—5.2.2024