Water (Prevention and Control of Pollution) Act Amended to Decriminalise Minor Offences and Introduce Adjudication Mechanism

The Water (Prevention and Control of Pollution) Amendment Act, 2024, received presidential assent on February 15, 2024, and was subsequently published for general information. This legislative instrument, an Amendment Act, modifies the principal Water (Prevention and Control of Pollution) Act, 1974. The enactment came into force immediately in the States of Himachal Pradesh and Rajasthan, as well as in all Union territories. It will extend to any other State that adopts it through a resolution passed under Article 252(1) read with clause (2) of the Constitution, becoming effective in such states upon the date of their adoption. The amendments were necessitated following resolutions passed by the Legislative Assemblies of Himachal Pradesh and Rajasthan, seeking parliamentary action to modify the original Act.

The core of the amendment focuses on a significant shift in the enforcement mechanism of the principal Act. It introduces a system of monetary penalties for a range of contraventions that were previously subject to criminal prosecution, thereby decriminalising many minor offences. For instance, new sections 41 and 41A now stipulate that contraventions or non-compliance with directions issued under section 20, or orders/directions under sections 32(1)(c), 33(2), or 33A, will attract a penalty not less than ten thousand rupees, which may extend to fifteen lakh rupees, along with an additional daily penalty for continuing contravention. Similar penalty regimes have been introduced for contraventions of section 24 (prohibition on use of stream/well for polluting matter) and for tampering with monitoring devices under sections 25 or 26. A general penalty provision (section 45A) has also been added for any contravention not specifically covered elsewhere, carrying a similar range of monetary penalties. To administer these penalties, the Act establishes the role of an adjudicating officer, to be appointed by the Central Government, who will conduct inquiries and impose penalties. Appeals against the orders of these adjudicating officers can be filed with the National Green Tribunal. Notably, the Act mandates that these penalties shall be credited to the Environmental Protection Fund established under the Environment (Protection) Act, 1986. Furthermore, the Central Government has been empowered to prescribe the manner of nomination for the chairman of State Boards and to issue guidelines concerning the grant, refusal, or cancellation of consent by State Boards, including mechanisms for time-bound disposal of applications and validity periods of consents. State Boards are now obligated to adhere to these guidelines. However, the Act retains stringent criminal penalties, including imprisonment, for failures to comply with the provisions of section 25 (restrictions on outlets and discharges) or section 26 (provision regarding new outlets and discharges), and for the failure to pay imposed penalties.

The legislative intent behind the Water (Prevention and Control of Pollution) Amendment Act, 2024, is clearly articulated in its preamble. The legislation provided: “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;” This statement underscores the policy rationale to reduce the burden of criminal proceedings for less severe environmental infractions, fostering an environment of trust between regulators and regulated entities. The earlier legal position often involved criminal prosecution for various contraventions, which could be time-consuming and disproportionate for minor breaches. The amendments address these statutory gaps and limitations by introducing an administrative penalty mechanism, thereby rationalising the enforcement framework. This shift is intended to promote ease of living and ease of doing business by replacing imprisonment with monetary penalties for many offences, while still ensuring accountability. The Act also introduces new obligations for State Boards to adhere to Central Government guidelines, aiming for greater uniformity and efficiency in the consent granting process. The retention of imprisonment for core pollution control failures under sections 25 and 26, and for non-payment of penalties, indicates a balanced approach, distinguishing between minor procedural lapses and significant environmental harm. The establishment of adjudicating officers and the appeal mechanism to the National Green Tribunal provide a structured enforcement and redressal system for the new penalty regime.

Keywords: Water (Prevention and Control of Pollution) Act, 2024, Amendment Act, decriminalisation, environmental law, pollution control, adjudicating officer, penalties, ease of doing business, trust-based governance

Geo Tags: India, Himachal Pradesh, Rajasthan District: Not Applicable