………………………….

Water (Prevention and Control of Pollution) Amendment Act, 2024

The Water (Prevention and Control of Pollution) Amendment Bill, 2024 was introduced in Rajya Sabha on 5th February 2024 has been passed by Lok Sabha on 8th February 2024 and thereby amends the Water (Prevention and Control of Pollution) Act, 1974.

Applicability: The act will be initially applicable in Himachal Pradesh, Rajasthan and Union Territories of India. Other states have to pass resolutions to extend its applicability to their states.

Consent to Establish: The original Act mandates prior Consent of State Pollution Control Board to Establish an industry which may be required to discharge sewage into a water body, sewer or land.

The Amendment Act, 2024 retains the requirement of obtaining a prior Consent of SPCB, however, it specifies that Central Government may exempt certain categories of industries from obtaining such consent.

Penal Provisions: The Amendment Act, 2024 has also amended the penal provisions specified in the original Act for non-obtaining the Consent to Establish and other compliances required under the Act.

  1. Non-Compliance of Consent to Establish: In addition to penal provision of imprisonment upto 6 years and fine, the Amendment Act has introduced a penalty upto Rs. 15 lacs for tampering with monitoring devices.
  2. Non-Compliance of Discharge of Polluting Matter in Water Bodies: The Amendment Act, 2024 has removed the punishment of imprisonment in case of discharge of polluting matter in a water body, and instead has introduced penalty upto Rs. 15 Lacs for such non-compliance.
  3. Other Offences under the Act: The Amendment Act, 2024 has removed the punishment of imprisonment in case of other offences specified in the Act and instead has introduced penalty upto Rs. 15 Lacs for any such offence.
  4. Penalty of Imprisonment: The Amendment Act, 2024 has specified that failure to pay penalty for violation of any provision of the Act will attract an imprisonment of upto 3 years or fine upto twice the amount of penalty imposed.

Offences by Government Departments: In case of any offence by a Government Department, Head of the Department will be deemed guilty for the offence (provided they prove conduct of due diligence to avoid such offence) and will be liable for penalty equal to one month of their basic salary.

Disclaimer: The information contained in this Article is intended solely for personal non-commercial use of the user who accepts full responsibility of its use. The information in the article is general in nature and should not be considered to be legal, tax, accounting, consulting or any other professional advice. We make no representation or warranty of any kind, express or implied regarding the accuracy, adequacy, reliability or completeness of any information on our page/article. 

To stay updated Subscribe to our newsletter today

Explore other Legal updates on the 1-Comply and follow us on LinkedIn to stay updated 

Schedule A Demo