The Union Environment Ministry on Monday notified new rules for holding inquiry and imposing penalties for violations of the Water (Prevention and Control of Pollution) Act. The new Rules – Water (Prevention and Control of Pollution) (Manner of Holding Inquiry and Imposition of Penalty) rules, 2024, will come into effect immediately, as per the government’s notification. The Rules come in the backdrop of the amendments made to the Water Act earlier this year, wherein offences and violations of the Act were decriminalised, replacing them with penalties instead. Earlier in July, the Union Environment Ministry also notified Rules exempting non-polluting ‘white’ category industries from obtaining prior permissions to establish and operate under the Water Act, to give effect to certain amendments in the Act. The amendments had also allowed the Centre to appoint officers to adjudicate offences, violations and determine penalties. “The Central Pollution Control Board, State Pollution Control Boards, Pollution Control Committees and Integrated Regional Offices of the Ministry of Environment, Forest and Climate Change, in their respective jurisdictions, through their authorized Officers, or any other persons, may file a complaint …to the adjudicating officer regarding any contravention committed under sections 41, 41A, 42, 43, 44, 45A and 48 of the Act,” the new Rules state. These sections relate to contravention of norms on releasing industrial effluents and pollutants. According to the Rules, the adjudication officer then has powers to issue notice to persons against whom complaints have been filed, detailing the nature of contravention alleged or committed. An adjudication officer, as per the amended Act, has to be a person not below the rank of a joint secretary or secretary to the state government. The adjudication office then considers the explanation provided and if needed, holds an inquiry into the complaint. The alleged violator could defend themselves or through a legal representative. The whole process has to be completed within six months from issuance of notice to the opposite party, the Rules state.
