Bill decriminalizes minor water pollution offences, sets ₹10,000 to ₹15 lakh penalties

This Bill amends the Water (Prevention and Control of Pollution) Act, 1974, to decriminalize and rationalize minor offences by replacing imprisonment with monetary penalties for most violations. It aims to enhance trust-based governance and ease of doing business while retaining strict penalties for serious failures to comply with consent orders or pay fines.

The law applies to the States of Himachal Pradesh and Rajasthan, Union Territories, and any other State that adopts it via resolution. It affects industrial plants, businesses, companies, firms, trusts, societies, and government departments that are subject to water pollution consent orders or monitoring requirements.

• Most minor offences are decriminalized, replacing imprisonment with penalties ranging from ₹10,000 to ₹15,00,000, plus an additional ₹10,000 per day for continuing violations.
• The Central Government may issue guidelines for the grant, refusal, or cancellation of consent by State Boards, which State Boards must follow.
• The Central Government may exempt certain categories of industrial plants from specific provisions.
• An Adjudicating Officer (not below the rank of Joint Secretary) is appointed to hold inquiries and impose penalties.
• Appeals against penalty orders must be filed with the National Green Tribunal within 60 days, requiring a deposit of 10% of the penalty amount.
• Penalty amounts are credited to the Environmental Protection Fund.
• Imprisonment remains for failing to comply with consent provisions (Section 25/26) or failing to pay imposed penalties, with terms ranging from 1.5 to 7 years depending on the severity and duration of the failure.
• Company officers and directors are liable for offences committed by the company unless they prove due diligence or lack of knowledge.
• Heads of Government Departments are liable for penalties equal to one month's basic salary for contraventions by their departments.

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