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

The Act replaces a decades old statute, decriminalising several violations related to water pollution and introduces financial penalties ranging from Rs 10,000 to Rs 15 lakh as against the previous provisions that allowed for imprisonment of up to six years. The Punjab Cabinet had approved the amended law on February 27, saying it was the 19th state to adopt it.

While moving the resolution, Dr Ravjot Singh said that the Parliament had enacted the Water (Prevention and Control of Pollution) Act, 1974 to prevent and control water pollution and maintain the purity of water. He said that the Punjab Vidhan Sabha, in compliance with Article 252 of the Constitution of India, through a resolution dated February 3, 1975, enacted the Water (Prevention and Control of Pollution) Act, 1974. Similarly, the Punjab Vidhan Sabha had decided to adopt the Amendment Act-1978 through a resolution dated October 15, 1979. The Punjab Vidhan Sabha had also decided to adopt the Amendment Act-1988 through a resolution dated April 9, 1992.

The Parliamentary Affairs Minister said that this legislation was enacted by the Parliament on February 15, 2024 and was implemented for the first time in Himachal Pradesh, Rajasthan, and Union Territories. This Act is applicable from the date of adoption in those states that have passed the resolution in the Vidhan Sabha or the Legislative Council.

According to the new rules, the committee, headed by the Chief Secretary to elect the chairman of the Punjab Pollution Control Board (PPCB), will now also have a representative of the Centre. Till now there were only three people in this committee, headed by the chief secretary that had secretary (Science and Technology Department) and an environment expert proposed by the Punjab government as its members. A joint secretary level officer of the central government will now be the part of this panel.

Congress member Avtar Henry Junior opposed the resolution saying that the central Act was an attack on the federal structure. He said with the resolution, the interference of the Centre will increase. At the same time, he also opposed the abolition of the provision of punishment in the new legislation. The minister, however, defended it saying that the share of the state representative in this committee will be 3:1.

According to the amended Act, now only officers above the director level can be appointed the chairman of the state pollution control board. Earlier, a level-3 officer could be appointed chairman of PPCB. Now only a level-4 officer and an officer with five years of experience can be appointed chairman. At the same time, the amended Act has abolished the provision of punishment on violators.

Jaskirat Singh, an environment activist of Public Action Committee said that it was shocking that even after they had opposed the government for giving it a nod in the Cabinet, it was brought in Vidhan Sabha. “The government that had been defending Sant Balbir Singh Seechewal in Vidhan Sabha and spent two days on it, adopted the new Act. Seechewal himself has been demanding the implementation of 1974 Act. It is a mockery,” he said.

He added that Punjab had seen registration of cases against owners of Zira factory for pollution. “Punjab had an example. Still, the government did not learn anything. This is clear how serious it is,” he said.

He added that there was nothing to read in CM’s absence. “It is his daughter’s first birthday today. He was busy in organising a function in the evening where many officers, leaders and others are invited.”