| Water (Prevention and Control of Pollution) Act, 1974 |
Water (Prevention and Control of Pollution) Amendment Bill, 2024 |
- As per the Act, prior consent of the SPCB is required for establishing any industry or treatment plant, which is likely to discharge sewage into a water body, sewer, or land.
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- The Bill specifies that the central government, in consultation with the CPCB, may exempt certain categories of industrial plants from obtaining such consent.
- The Bill also adds that the central government may issue guidelines for the grant, refusal, or cancellation of consent granted by the SPCB.
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- Under the Act, establishing and operating an industry without obtaining such consent from the SPCB is punishable with imprisonment up to six years and fine.
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- The Bill retains this. It also penalises tampering with monitoring devices used in determining whether any industry or treatment plant can be set up.
- The penalty will be between Rs 10,000 and Rs 15 lakh.
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- Under the Act, chairman of an SPCB is nominated by the state government.
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- The Bill adds that the central government will prescribe the manner of nomination and the terms and conditions of service of the chairman.
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- Under the Act, an offence for which punishment is not explicitly specified is punishable with an imprisonment term of up to three months or a fine of up to Rs 10,000, or both.
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- The Bill removes imprisonment as a punishment, and prescribes a penalty between Rs 10,000 and Rs 15 lakh.
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- As per the Act, a court may take cognizance of an offence if a complaint is made by the CPCB or SPCB, or a person who has given a notice of the complaint to the Boards.
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- The Bill adds that cognizance may also be taken if a complaint is made by the adjudicating officer.
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- Under the Act, the head of a department will be deemed guilty for offences committed by government departments, provided that they prove due diligence was carried out to avoid such contravention.
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- The Bill specifies that the head of a department will be required to pay penalty equal to one month of their basic salary if the department violates any provision of the Act.
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