The statement of objects and reasons of the Bill emphasizes that the cornerstone of democratic governance lies in the government trusting its own people and institutions and that outdated rules and regulations causes trust deficit.
The Water (Prevention and Control of Pollution) Act of 1974 prescribes various penal provisions for non-compliance or contravention of the provisions punishable with imprisonment.
“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,” the statement reads.
Therefore, the Bill proposes rationalising criminal provisions and ensuring that citizens, business and 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,” it adds.
The Water (Prevention and Control of Pollution) Amendment Bill, 2024, among other things, seeks to provide-
(a) that 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 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.
Source: Barandbench
