Why in the news?
The Parliament recently passed the Water (Prevention and Control of Pollution) Amendment Act, 2024.
About the Amendment:
- It amends the Water (Prevention and Control of Pollution) Act 1974.
- Currently, the Water Amendment Act 2024 will apply to Himachal Pradesh, Rajasthan (both passed resolution to amend the Act) and the Union territories.
Constitutional Provisions:
- Water is a state subject and its optimal utilization and management lies predominantly within the domain of the States.
- However, Article 252 of Constitution empowers Parliament to legislate on any matters with respect to which it lacks legislative power.
- 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- Also, such Act could be amended or repealed only by the Parliament.
About Water (Prevention and Control of Pollution) Act 1974
- The Act provides for the prevention and control of water pollution, and for the maintaining or restoring of wholesomeness of water in the country.
- The original Act is applicable in 25 States.
- This was amended twice in 1988 and 2003.
- Regulatory bodies: Creation of the Central Pollution Control Boards (CPCB) and State Pollution Control Boards (SPCB).
- Approval: Mandatory for industrial units to get permission from their respective State boards before setting up factories.
Key Amendments (Water Amendment Act, 2024)
| Key Aspects | Water Act, 1974 | Water Amendment Act, 2024 |
| Chairman of SPCB | The Act states the chairman of the State Pollution Control Board will be nominated by the State government. | The central government will prescribe the manner of nomination and the terms and conditions of service of the chairman. |
| Consent exemptions for establishing industries | The Act empowered the State Government to “exempt certain categories of industrial plants” from the restrictions on new outlets and discharges. • States are empowered to issue guidelines on matters relating to grant, establishment of any industry, etc. | It specifies that the central government, in consultation with the CPCB, may exempt certain categories of industrial plants from obtaining such consent. • It adds that the central government may issue guidelines for the grant, refusal, or cancellation of consent granted by the SPCB |
| Penalty for offences | It prescribes imprisonment of up to Six years for discharge of polluting matter. | Act decriminalises several violations, and instead imposes penalties between ₹10,000 and ₹15 lakh. |
| Offences by government departments | 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. | The Act 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. |
About CPCB:
- Genesis: Established in 1974 under the Water Act, 1974.
- Mandate: Empowered with powers and functions under the Air (Prevention and Control of Pollution) Act, 1981.
- Ministry: Ministry of Environment, Forests and Climate Change.
- Chairman: Appointed by the Central Government.
- Principal Functions:
- Promoting cleanliness of streams and wells through prevention, control, and abatement of water pollution.
- Improving air quality and preventing, controlling, or abating air pollution in India.
- Major Initiatives:
- National Air Quality Monitoring Programme (NAMP)
- PRANA portal for monitoring the implementation of the National Clean Air Programme (NCAP)