The Water (Prevention and Control of Pollution) Amendment Bill, 2024 is introduced in the Rajya Sabha

Posted 06 Feb 2024

Updated 22 Mar 2024

2 min read

Bill will amend Water (Prevention and Control of Pollution) Act, 1974 enacted under Article 252 of the Constitution.

Key highlights
- Empowers Central Government to:
  - Exempt certain categories of industrial plants from provision relating to restriction on new outlets and new discharges.
  - Prescribe manner of nomination of chairman of State Pollution Control Board
  - Issue guidelines for grant, refusal or cancellation of consent by any State Board for establishment of any industry, operation, treatment, etc.
  - Appoint Adjudicating officer who is an officer not below Joint Secretary to the Centre or a Secretary to the State to hold an inquiry and to impose the penalty.
- Penalty for Contravention: Contraventions of provisions for which no penalty has been provided in the Act shall attract penalty of Rs. 10,000 to Rs. 15 lakhs.
  - Persistence of contravention shall attract penalty which may extend to Rs. 10,000 per day.
- Crediting Penalty amount: To be credited to the Environmental Protection Fund established under Environment (Protection) Act, 1986.
- Appeal: Appeal against the order of adjudicating officer may be made to the National Green Tribunal.

Empowers Parliament to legislate on any matters with respect to which it lacks legislative power except as provided in articles 249 and 250.
- Article 249 and Article 250 empower Parliament to legislate on matter in State List in the national interest and if Proclamation of Emergency is in operation.
Parliament can legislate on such matter, if two or more state Legislatures pass resolution to this effect.
- Any Such Act by the Parliament shall apply to States passing such resolution and to any other State by which it is adopted.
- Also, such Act could be amended or repealed only by the Parliament.

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