The legislation aims to remove imprisonment provisions for minor offences, promote ease of doing business and ensure that the severity of punishment is proportional to the gravity of offences
The Lok Sabha has okayed The Water Amendment (Pollution and Prevention) Act 2024, clearing its passage into a law that significantly amends the Water (Pollution and Prevention) Act 1974. It decriminalises minor violations and replaces the penalties of imprisonment with fines ranging from Rs10,000 to Rs15 lakh.
The amended version of the Act would apply to Himachal Pradesh, Rajasthan, and the Union Territories. The original Act, passed in 1974, applies to 12 states.
The legislation also empowers the Centre to frame rules to select the chairpersons of state pollution control boards and to frame guidelines that states can follow on matters relating to the grant, refusal, or cancellation of consent by any state board for establishing industries and new operating processes.
The 1974 Act said that an offence for which punishment is not explicitly specified is punishable with a prison term of up to three months, a fine of up to Rs10,000, or both. The newly amended Act removes imprisonment as a punishment and prescribes a penalty between Rs10,000 and Rs15 lakh. Failure to pay a penalty for violating any provision under the Act will attract a jail term of up to three years or a fine up to twice the penalty imposed.
The legislation aims to remove imprisonment provisions for minor offences and promote ease of doing business. If somebody feels that they have been levied an unfair fine, the current bill allows an opportunity for appeal.