New Rules Under Water Act 2024: Penalty and Inquiry Process

1. In November 2024, The Union Ministry of Environment introduced new rules to improve the process for handling water pollution violations.
2. These rules, called the Water (Prevention and Control of Pollution) (Manner of Holding Inquiry and Imposition of Penalty) Rules, 2024, will help make the process of dealing with water pollution violations easier and faster.
3. These rules are part of the recent changes made to the Water (Prevention and Control of Pollution) Act, 1974.
4. The changes focus on making it easier to enforce water pollution laws and shift from criminal punishments to fines for minor violations.

Background: Water Act 1974 and the Need for Amendments:

Water Act, 1974:

1. The Water (Prevention and Control of Pollution) Act, 1974 was created to protect water bodies from pollution.
2. It sets rules on how industries and others should manage waste and pollutants to prevent damage to water resources.
3. It also included punishments for breaking these rules, including imprisonment.

What was the Need for the Amendment?

1. The government realized that some punishments were too harsh for minor mistakes.
2. For example, people could be sent to jail for small violations like not informing authorities about using water from a river or well.
3. This caused unnecessary trouble for businesses and citizens.
4. To make the law more business-friendly and easier to follow, the government decided to replace jail time with fines for smaller violations and make the law simpler to follow.

Key Changes in the Water Act 2024

Decriminalization and New Penalties

1. No Jail for Minor Violations: The new law removes jail time for minor mistakes and instead adds fines ranging from ₹10,000 to ₹15 lakh.
2. Imprisonment for Non-Payment: If someone doesn’t pay the fine, they can face jail time of up to three years or pay a fine that’s twice the original penalty.

Exemptions for Some Industries

1. Some industries that don’t pollute much will no longer need consent from the Pollution Control Boards to operate.
2. These exemptions will be decided by the central government.

Penalties for Tampering with Pollution Devices

1. There will be fines ranging from ₹10,000 to ₹15 lakh for anyone who tampers with pollution monitoring devices used by authorities to track pollution levels.

Pollution Control Board Chairman Appointments

1. The central government will now oversee the appointment process for the heads of state-level Pollution Control Boards, ensuring better oversight.

Action Against Polluting Industries

1. If industries are found discharging harmful waste into water bodies, the Pollution Control Boards can stop them immediately and impose fines.
2. The fines will be between ₹10,000 and ₹15 lakh.

Adjudication of Penalties

1. Adjudicating officers (at least at the rank of Joint Secretary) will be appointed to decide penalties for violations.
2. If someone disagrees with the penalty, they can appeal to the National Green Tribunal (NGT) by paying 10% of the penalty amount.

Accountability for Government Departments

1. If a government department is responsible for polluting, the head of that department will be fined an amount equal to one month’s salary, unless they can prove they took steps to prevent the violation.

New Rules under the Water Act 2024: Key Features

Introduction of New Penalty Rules

1. The Water (Prevention and Control of Pollution) (Manner of Holding Inquiry and Imposition of Penalty) Rules, 2024 establish the process for adjudicating water pollution violations.
2. The rules are designed to ensure a transparent, efficient, and standardized procedure for the imposition of penalties.

Shift from Criminal Penalties to Civil Penalties

1. The recent amendments have decriminalized minor violations, replacing the possibility of imprisonment with monetary penalties.
2. This shift aims to make the process less adversarial and more focused on encouraging compliance rather than punishing minor infractions.

Empowerment of Pollution Control Authorities

1. The rules empower authorized officers from the Central Pollution Control Board (CPCB), State Pollution Control Boards (SPCBs), and Pollution Control Committees to file complaints against violators.
2. These officers can file complaints under key sections of the Act (Sections 41, 41A, 42, 43, 44, 45A, and 48) concerning industrial effluent discharge, non-compliance with water quality standards, and related violations.

Role of Adjudicating Officers

1. An adjudicating officer, typically ranked at least as a Joint Secretary within state governments, will:
   1. Oversee complaints of water pollution violations.
   2. Issue notices to alleged violators and conduct an inquiry into the allegations.
   3. Adjudicate and impose penalties based on the findings of the inquiry.
   4. The inquiry must be completed within six months of the notice issuance.

Procedures for Inquiry and Penalty Imposition

1. Complaint Filing: The CPCB, SPCBs, and other authorized entities can file complaints regarding violations of the water pollution norms.
2. Inquiry Process: Once a complaint is filed, the adjudicating officer will issue a notice to the violator and begin an inquiry into the matter.
3. Right to Defend: The alleged violator is allowed to respond to the notice and defend themselves either personally or through a legal representative.
4. Penalty Determination: The adjudicating officer will decide on the penalty after reviewing the case and can impose fines based on the severity of the violation.

Appeal Process

1. If a party wishes to contest the penalty, an appeal can be made to the National Green Tribunal (NGT).
2. However, a deposit of 10% of the penalty amount is required as part of the appeal process.

Conclusion

The Water (Prevention and Control of Pollution) (Manner of Holding Inquiry and Imposition of Penalty) Rules, 2024 provide a clearer and fairer way to deal with water pollution violations. The shift from jail time to fines for minor offenses makes it easier for businesses and individuals to comply with environmental rules. The new rules also make it possible for authorities to take quick action against violators, improving the protection of water resources in India.

Must Check: Best IAS Coaching In Delhi

UPSC Prelims Result 2024 Out: Expected Cut Off & Other Details, UPSC Prelims 2024 Answer with Explanation, Daily Prelims Quiz, Daily Current Affairs, MONTHLY CURRENT AFFAIRS TOTAL (CAT) MAGAZINE, Best IAS Coaching Institute in Karol Bagh, Best IAS Coaching Institute in Delhi, Daily Mains Question Answer Practice, ENSURE IAS UPSC Toppers, UPSC Toppers Marksheet, Previous Year Interview Questions, UPSC Syllabus