New Rules on Inquiry and Penalty under Water Act Notified

On 11th November 2024, the Union Environment Ministry introduced new rules for enforcing penalties and holding inquiries for violations under the Water (Prevention and Control of Pollution) Act.

The Water (Prevention and Control of Pollution) (Manner of Holding Inquiry and Imposition of Penalty) Rules, 2024 will take effect immediately.

Key Points

Decriminalization of Offences: The new rules come after amendments to the Water Act that decriminalized offences, replacing criminal charges with penalties.
Adjudication Process: The rules empower officers to file complaints regarding violations related to the release of industrial effluents. The adjudication process will be handled by officers with a rank not lower than a joint secretary or secretary to the state government.
Penalties for Violations: The adjudicating officer is tasked with issuing notices and conducting inquiries. Violators have the right to defend themselves either directly or through legal representation.
Timeframe: The process must be completed within six months from the issuance of the notice.