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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. 

 

About Article 252 of Constitution

  • 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    • Also, such Act could be amended or repealed only by the Parliament.
  • Tags :
  • Water (Prevention and Control of Pollution) Act, 1974
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