Bill decriminalizes minor water offences, replaces jail with ₹10,000 to ₹15 lakh fines

It replaces many criminal penalties with monetary fines and establishes a new adjudication process for imposing these penalties.

Who it concerns: The Bill applies to the States of Himachal Pradesh and Rajasthan, Union Territories, and any other State that adopts it by resolution. It affects industrial plants, businesses, companies, firms, trusts, societies, and government departments that are subject to the Act's provisions regarding water pollution consent and compliance.

What the bill does

• Decriminalization of minor offences: Several sections (41, 41A, 42, 43, 44, 45A) are amended to replace imprisonment with monetary penalties ranging from 10,000 to 15,00,000 rupees, plus daily additional penalties for continued contravention.
• New Adjudicating Officer: The Central Government may appoint an officer (not below Joint Secretary rank) to hold inquiries and impose penalties, replacing the previous court-based process for many offences.
• Appeal to National Green Tribunal: Appeals against the Adjudicating Officer's orders must be filed with the National Green Tribunal within 60 days, requiring a deposit of 10% of the penalty amount.
• Penalty Crediting: All penalties imposed under the Act must be credited to the Environmental Protection Fund.
• Retained Criminal Offences: Section 45E retains imprisonment for specific failures to comply with consent provisions (Sections 25/26) or failure to pay penalties, with terms ranging from 1.5 to 7 years depending on the severity and duration of the offence.
• Guidelines for Consent: The Central Government may issue guidelines for State Boards regarding the grant, refusal, or cancellation of consent for industries.
• Exemptions: The Central Government may exempt certain categories of industrial plants from specific provisions of Section 25.

Also in the document

• The Bill is based on resolutions passed by the Legislative Assemblies of Himachal Pradesh and Rajasthan under Article 252 of the Constitution.
• Section 45 of the principal Act is omitted.
• Section 47 of the principal Act is omitted.
• The Bill explicitly states its intent to enhance 'trust-based governance for ease of living and doing business'.