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REGISTERED NO. DL-(N)04/0007/2003-24
The Gazette of India
CG-DL-E-06022024-251827
EXTRAORDINARY
PART II - Section 2
PUBLISHED BY AUTHORITY
No. 4]
NEW DELHI, MONDAY, FEBRUARY 5, 2024/MAGHA 16, 1945 (SAKA)
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
(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.
6 of 1974.
Amendment
of section 4.
(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.
2. In section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter 6 of 1974.
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
of section 5.
3. In section 5 of the principal Act, in sub-section (9), after the word "prescribed", the
words "by the Central Government" shall be inserted.
Amendment
of section 25.
4. 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.".
Insertion of
new section
27A.
5. After section 27 of the principal Act, the following section shall be inserted,
namely:-
"27A. (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.
Power to issue
guidelines.
(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
of new
sections 41
and 41A for
section 41.
6. For section 41 of the principal Act, the following sections shall be substituted,
namely:—
"41. (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.
Failure to
comply with
provisions of
section 20 or
directions
issued
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
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 non-compliance, be liable to pay the
penalty which shall not be less than ten thousand rupees, but which may extend to
fifteen lakh rupees.
Failure to
comply with
provisions of
section 32 or
directions
issued under
section 33 or
section 33A.
SEC. 2]
(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, -
(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.".
Amendment
of section 42.
8. For sections 43 and 44 of the principal Act, the following sections shall be Substitution
substituted, namely:-
"43. 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.
of new
sections for
sections 43
and 44.
Penalty for
contravention
of provisions
of section 24.
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
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
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.".
contravention
of section 25
or section 26.
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,
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.
contravention
of certain
provisions of
Act.
45B. (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:
Adjudicating
officer.
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.
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
amount to be
credited to
Environmental
Protection
Fund.
45D. 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.
29 of 1986.
Offences for
failure to
comply with
provisions of
section 25 or
26 and for
failure to pay
penalty.
45E. (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
SEC. 2]
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:-
"48. (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:
of new section
for section
48.
Penalty for
contravention
by Government
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),—
(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;";
Amendment of
section 63.
(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.
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;
The 31st January, 2024.
BHUPENDER YADAV.
SEC. 2]
FINANCIAL MEMORANDUM
The Bill, if enacted, would not involve any financial expenditure either recurring or
non-recurring from the Consolidated Fund of India.
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
Kshitiz Digitally signed
by Kshitiz Mohan
Mohan 194234-08005
19:42:54-08:00
MGIPMRND-644GI-5.2.2024
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