Water Amendment rules

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-23072024-255647 EXTRAORDINARY PART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY No. 387] NEW DELHI, FRIDAY, JULY 19, 2024/ASHADHA 28, 1946 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 19th July, 2024 G.S.R. 424(E).—The following draft notification which the Central Government proposes to issue in exercise of the powers conferred by Section 63 of the Water (Prevention and Control of Pollution) Act, 1974 (06 of 1974), amend the Water (Prevention and Control of Pollution) Rules 1975, is hereby published for information of the public and other stakeholders likely to be affected. Further, notice is hereby given that the said notification will be taken into consideration by the Central Government on or after the expiry of sixty days from the date on which copies of this notification as published in the Gazette of India are made available to the public; Any person interested in making an objection or suggestion on the proposals contained in the draft notification may do so in writing within the period so specified through post to the Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, JorBagh Road, Aliganj, New Delhi-110003 or electronically at email address: [email protected] or [email protected] or [email protected] G.S.R....(E)-In exercise of the powers conferred by clause (ma) of sub-section (2) of Section 63 of the Water (Prevention and Control of Pollution) Act, 1974 (06 of 1974), the Central Government, hereby makes the following rules to further amend the Water (Prevention and Control of Pollution) Rules, 1975: 1. Short title and commencement: (1) These rules may be called the Water (Prevention and Control of Pollution) (Amendment) Rules, 2024. (2) They shall come into force from the date of publication in the Official Gazette. 2. In Rule 2, the following shall be inserted: (1) After clause (a), the following clauses may be inserted: "(aa) "Adjudicating Officer" means any officer appointed/notify under section 45B of the Act; (2) After clause (g), the following clauses may be inserted: "(ga) "Presenting Officer" means the officers (or) their authorized representative as per Appendix -A for taking cognizance of non-compliance (or)contravention of the provisions of the Act within their respective jurisdiction and for initiating and presenting the matter before the concerned Adjudicating Officer." (3) After sub-rule (j), the following sub-rule shall be inserted: "(ja) The words and expressions used and not defined in these rules but defined in the Act and Rules made thereunder shall have the same meaning as assigned to them in the Act and the said rules, as the case may be.” 3. After Chapter XI and rule 35, the following Chapter and rules shall be inserted, namely: Chapter XII RULE 36. APPOINTMENT OF ADJUDICATING OFFICER (1) The Secretary in-charge of the Environment Department of the State Government / Union Territory Administration (or) any other officer not below the rank of Secretary to the State Government nominated by the State Government and Union Territory Administration shall be the ex-officio Adjudicating Officer for the respective State and Union Territories. (2) The Central Government may appoint (i) Adjudication Officer at Central level not below the level of Joint Secretary to the Government of India and (ii) more than one Adjudicating Officer, not below the level of Secretary to the State Government, in a State / Union Territory, either on its own motion or on a written request by the concerned State Government and Union Territory Administration. (3) The Adjudicating Officer may be provided with requisite manpower assistance, office space and technical assistance by the Central Government / State Government / Union Territory Administration as the case may be. RULE 37: COGNIZANCE AND PROCESSING OF MATTERS (1) No Adjudicating Officer shall take cognizance of any non-compliance or contravention of the provisions of this Act, or the rules made or orders or directions issued thereunder, unless such matter is initiated by the Presenting Officer, along with all necessary documents, either on its own motion or on receipt of a representation. (2) The Officers authorized for taking cognizance of any non-compliance or contravention of the provisions of this Act, within their respective jurisdiction shall present the matter before the concerned Adjudicating Officer of the State / Union Territory, as per the jurisdiction mentioned therein. The list of Officers is provided in the Appendix-A. (3) The Presenting Officer shall, before forwarding the matter under Rule 37 (1) to the Adjudicating Officer, process the same exercising reasonable due diligence, in order to bring on record all relevant facts and circumstances that need to be taken into account for imposing penalty, and also to ascertain if it is a matter necessary for adjudication. RULE 38: MANNER OF INQUIRY BY ADJUDICATING OFFICER (1) Within 30 days of receipt of a matter, the Adjudicating Officer shall issue notice to the concerned Presenting Officer as well as to the person against whom non-compliance or contravention is alleged, along with the particulars of the matter against him clearly specifying the nature of non-compliance or contravention, and such person may either appear personally or through an authorised representative, on such date as specified, which shall not be less than 15 days from the date of notice issued and shall not exceed 30 days, in such format as may be prescribed by the Central Government. (2) On such date as specified in the Notice, the person or his authorized representative may admit or deny the allegations levelled against him, before the Adjudicating Officer. (3) Under sub-rule (2), if the person or his representative admits to the allegations, the Adjudicating Officer shall state in his order such admission of the respondent, along with the quantum of penalty imposed in such format as may be prescribed by the Central Government, and send a copy of the order to the concerned Presenting Officer as well as the person who has lodged the matter, if applicable. (4) In cases not covered under sub-rule (3), the Adjudicating Officer shall fix a date for inquiry and communicate the same to the concerned Presenting Officer, for presentation of the matter. (5) On the date fixed, the Adjudicating Officer shall give an opportunity to the person to produce documents or evidence as he may consider relevant to the inquiry. (6) If any person fails or refuses to appear before the Adjudicating Officer as required by sub-rule (5) without sufficient cause, the Adjudicating Officer may proceed with the inquiry in the absence of such person. (7) While holding such inquiry, the Adjudicating Officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the matter to give evidence or to produce any document which, in the opinion of the Adjudicating Officer, may be useful for or relevant to the subject matter of the inquiry. Explanation: For the purposes of this sub-rule, the Adjudicating Officer shall have the following powers of a Civil Court, as specified in the Civil Procedure Code, 1908: (a) Summoning and enforcing the attendance of any person and examining him on oath; (b) Requiring the discovery and production of documents or other electronic records; and (c) Receiving evidence on affidavits. (8) On presentation of matter by the concerned Presenting Officer, defense given by the person and recording of such information as necessary, the Adjudicating Officer shall either dismiss the allegation or make such other order as it deems fit. (9) All orders of the Adjudicating Officer shall be speaking orders, irrespective of whether penalty has been imposed by such order or not. (10) The Adjudicating Officer shall complete the adjudication of every matter within three months from the date fixed under sub-rule (4), which is extendable up to three more months if sufficient cause exists. (11) If the subject-matter of the matter received under sub-rule (1) of Rule 37 is already in question before the National Green Tribunal or any other Court of competent jurisdiction on the date of receipt of the matter, the proceedings under this Rule shall be initiated by the Adjudicating Officer in parallel and pass order as indicated in Rule 41 unless such proceedings have been explicitly stayed by the National Green Tribunal or any other Court. RULE 39 TRANSFER OF MATTERS AND PROCEEDINGS (1) If the matter is made to a Presenting Officer which does not have jurisdiction to entertain it as per sub- rule (3) of Rule 37, it shall transfer the matter to the concerned Presenting Officer within fifteen days of the receipt of such matter, along with reasons of such belief, in such format as may be prescribed by the Central Government. (2) If on inquiry under Rule 38, it appears to the Adjudicating Officer at any stage of the proceedings before signing the final order, that the case is one which ought to be tried by any other Adjudicating Officer, as the case may be, he shall transfer the case to such officer along with the copy of matter and a record of proceedings, in such format as may be prescribed by the Central Government. (3) The Adjudicating Officer to whom such case is transferred may, in his discretion, re-hear the entire case from its inception. (4) If in the course of proceedings, it is found that the subject matter of any proceedings is already adjudicated upon, the Adjudicating Officer shall summarily dismiss the proceedings. RULE 40 MANNER OF SERVICE OF NOTICE Every notice issued to a person shall be served on him in the following manner, namely: (1) By sending it to the person by registered post with acknowledgement due, to the address of his place of residence or his last known place of residence or the place where he carried on, or last carried on, business or personally works, or last worked, for gain; or (2) By sending it to the registered email of the person, if available; (3) Where it cannot be served under clause (a) or wherever applicable, (b), every such Notice shall be affixed on the outer door or some other conspicuous part of the premises in which that person resides or is known to have last resided, or carried on business or personally works or last worked for gain and the written report thereof shall be accompanied by the geo-tagged images of the notice. RULE 41 ORDER OF THE ADJUDICATING OFFICER (1) Every order passed by the Adjudicating Officer shall be dated and signed by the Adjudicating Officer, in such format as may be prescribed by the Central Government. (2) The Adjudicating Officer shall send a copy of the order passed by him to the person in default, the Central Government, the concerned presenting officer, the person lodging the matter and any other person which the Adjudicating Officer considers appropriate. (3) Any order passed under this Rule shall be subject to the outcome of any proceedings mentioned under sub-rule (11) of Rule 38. RULE 42 APPEALS FROM THE ORDER OF THE ADJUDICATING OFFICER (1) All appeals from the order(s) passed by the Adjudicating Officer under the Act shall lie to the National Green Tribunal established under section 3 of the National Green Tribunal Act, 2010 (19 of 2010), as per Section 45C of this Act. (2) If the person who has lodged the matter is aggrieved by the order of the Adjudicating Officer, he shall also follow the process under Section 45C of the Act, so far as it may be practicable. RULE 43. FACTORS TO BE CONSIDERED WHILE DETERMINING QUANTUM OF PENALTY (1) The Adjudicating Officer, while adjudicating the quantum of penalty under section 45B shall have due regard to all or any the following factors in addition to factor stated in Sub-Section (2) of Section 45B of the Act, namely: a. Place of operation of project b. Size of the Project-large/medium/small c. Category of industry d. Type of contravention/violation such as: i. Working without Environment Clearances ii. Non-compliance of Environmental safeguards and discharge standards iii. Non-compliance of any directions issued under the Water (Prevention and Control of Pollution) Act, 1974. iv. Violation of conditions of Environment Clearances v. Any other contraventions/violations/non- compliances of orders/directions e. Quantum of deviation/ contravention from the standard f. Health impacts/loss likely to be caused g. Undue gain/benefit derived out of contravention or non-compliance h. The amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the contravention or non-compliance; i. the repetitive nature of the contravention or non-compliance; j. Any other factor as may be considered by the Adjudicating Officer to be relevant for the protection of environment. (2) The penalty /additional penalty as imposed by the Adjudicating Officer under this Act shall be in addition to the liability to pay relief or compensation under section 45 of this Act read with section 17 of the National Green Tribunal Act, 2010. (3) For matters mentioned under sub-section (2), the penalty imposed by the Adjudicating Officer shall be in addition to, and not in substitution of such penalty or compensation. RULE 44. FAILURE TO PAY PENALTY / ADDITIONAL PENALTY IMPOSED BY THE ADJUDICATING OFFICER a. In case of failure to pay penalty imposed under Section 48 of the Act within 90 days, such person shall be liable for imprisonment which may extend to three years or with fine which may extend to twice the amount of the penalty or with both. The Adjudicating Officer shall direct the concerned SPCB /PCC to initiate criminal proceedings against the person in the concerned District Court within 30 days after the lapse of 90 days as mentioned above. The concerned SPCB / PCC shall initiate the proceedings against the person in the concerned District Court within 30 days from the date of receipt of direction from Adjudicating Officer. b. In case of failure to pay penalty imposed under Section 41,42,43,44 and 45A of the Act within 90 days, the Adjudicating Officer shall impose Additional penalty. In case of failure to pay Additional penalty imposed under section 41,42,43,44 and 45A of the Act within ninety days, such person / company shall be liable for imprisonment which may extend to three years or with fine which may extend to twice the amount of the penalty or with both. The Adjudicating Officer shall direct the concerned SPCB / PCC to initiate criminal proceedings against the person / company in the concerned District Court within 30 days after the lapse of 90 days as mentioned above. The concerned SPCB / PCC shall initiate the proceedings against the person/company in the concerned District Court within 30 days from the date of receipt of direction from Adjudicating Officer RULE 45. AMOUNT TO BE CREDITED IN THE ENVIRONMENT PROTECTION FUND (a) Any penalty levied under the Water (Prevention and Control of Pollution) Act, 1974 and Water (Prevention and Control of Pollution) Rules, 1975 shall be credited to Environment Protection Fund created under section 16 of the Environment (Protection) Act, 1986. (b) The utilization and administration of fund accrued as above shall be governed by provisions of the Environment (Protection) Act, 1986, and Environment (Protection) Rules 1986, as amended. (c) The imposition, collection and utilization of this fund shall be done through the online portal developed under Rule 17 (2) of the Environment Protection Rules. 4. After Form XV, the following forms shall be inserted: FORM XVI: FORMAT OF NON-COMPLIANCE (OR) CONTRAVENTION OF THE PROVISIONS OF THE WATER ACT (See Rule 37) Part A DETAILS TO BE FURNISHED BY THE PERSON LODGING THE NON-COMPLIANCE (OR) CONTRAVENTION OF THE PROVISIONS OF THE WATER ACT 1. Name of the Person lodging the non-compliance (In Block Letters): 2. Proof of Identity Furnished: Note: Any of the following documents will be considered as a valid proof of identity: Driving License, Service Identity Cards with photograph issued to employees by Central/State Government/Public Sector Undertaking/Public Limited Company, Passbook with photograph issued by a Bank/Post Office, PAN Card, Smart Card issued by Registrar General of India under National Population Register, MNREGA Job Card, Health Insurance Smart Card issued under the scheme of Ministry of Labour, Pension document with photograph, Official identity cards issued to MPs/MLAs/MLCs, and masked Aadhaar Card. 3. Age 4. Gender 5. Nationality Note: In case the person who has lodged the non-compliance is not a citizen of India, only a copy of the Passport will be accepted as a proof of identity 6. Permanent Address House/Property Number: Locality Village: District: City: State: Country: Pin Code/Postal or Zonal Code: 7. Correspondence Address House/Property Number: Locality Village: District: City: State: Country: Pin Code/Postal or Zonal Code: 8. Occupation/ Designation 9. Office Address 10. Telephone Number/Mobile Number: 11. Email Address: 12. Details of Person/Company/Government Department against whom non-compliance is made: 13. Mode of Presentation of non-compliance In-Person By Post Online Portal 14. The relevant provisions of Act, rules, orders and directions the contravention of which is alleged: 15. Particulars of non-compliance: Enclosures: +--------+---------------------------------------------+--------------------------+ | S. No. | Document | Whether enclosed (Yes/No) | +========+=============================================+==========================+ | 1. | Identity Proof | | | 2. | Duly Notarized Affidavit (as indicated in Part B) | | | 3. | Supporting Documents (if any) | | +--------+---------------------------------------------+--------------------------+ Signature of the Person who has lodged the non-compliance/Authorized Signatory Place: Date: Part B UNDERTAKING I aged years, S/o Resident of do here by solemnly affirm and declare on oath as under- 1. That I am filing this non-compliance on my own behalf OR That I am filing this non-compliance on behalf of body/Board/ Corporation/ Authority/ Company/ society/trust/association of persons/Non-Governmental Organisation/ Limited Liability Partnership (give its name and registration number, if any) having their office at (give contact address/email/phone/fax of the organization) and that I am authorized to sign and make this non-compliance vide its authorisation dated _________________________________________ 2. That I have filed the present non-compliance under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 as amended from time to time. 3. That particulars of the non-compliance mentioned in Part A of this Form are true to the best of my knowledge, and I have enclosed all necessary documents. 4. I state that before filing this non-compliance I have collected the information and supporting evidence to the best of my knowledge, ability and capacity which are relevant in support of the non-compliances against _________________________________________ and I further confirm that I have not concealed any data / material / information in this non-compliance. Solemnly affirmed at on this day of _________________________________________ DEPONENT FORM XVII: NOTICE See RULE 38(1) Part A NOTICE TO THE RESPONDENT To: Name of the Addressee: Address: Contact Details: 1. TAKE NOTICE that a non-compliance is registered against you by the Presenting Officer at _________________________________________ under the provisions of read with Water (Prevention and Control of Pollution) Act, 1974, a copy of which has been attached with this Notice. 2. You are hereby called upon to appear before the Adjudicating Officer in person, or through an authorized representative, on at (Address). 3. Take further notice that, in default of your appearance on the day aforementioned, the matter will be heard and determined in your absence. GIVEN under my hand and the seal, on this day of _________________________________________ Adjudicating Officer Part B NOTICE TO THE PRESENTING OFFICER To The Presenting Officer 1. TAKE NOTICE that the non-compliance registered and forwarded by you vide Letter/Memo No. _________________________________________ dated shall be heard by the Adjudicating Officer on _________________________________________ at (Address). 2. You (or) the authorized representative as per Appendix – A for taking cognizance of non-compliance (or) contravention of the provisions of the Act within their respective jurisdiction are required to attend the proceedings and present the case. GIVEN under my hand and the seal, on this day of _________________________________________ Adjudicating Officer FORM XVIII: FORMAT OF ORDER UNDER RULE 38 (9) See RULE 38 (9) Non-compliance ID: _________________________________________ Dated: _________________________________________ Presenting Officer: _________________________________________ Respondent: _________________________________________ 1. That, in the matter as indicated above, the parties appeared before the Adjudicating Officer on _________________________________________ at _________________________________________ If the respondent admits to the non-compliance, the following paragraph 2 would be included: 2. Under sub-Rule (9) of Rule 38, the respondent has admitted to the non-compliance registered against him, and as such the following penalty is imposed on him, _________________________________________ which shall be deposited by him according to the timeline stipulated under law. 3. After hearing the parties and perusing documents and all other evidence as presented, the following order is made: ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ If applicable: 4. For reasons as aforesaid, the following penalty is imposed on the respondent, _________________________________________ which shall be deposited by him according to the timeline stipulated under law. 4. In case of failure to pay the penalty or additional penalty, as required by the Water (Prevention and Control of Pollution) Act, 1974, the respondent shall become liable under the provisions of Section 45A of the Act for further prosecution. 5. Non-compliance is disposed of in the aforementioned terms. GIVEN under my hand and the seal, on this day of _________________________________________ Adjudicating Officer FORM XIX FORMAT OF TRANSFER OF NON-COMPLIANCE BY PRESENTING OFFICER SEE RULE 39 (1) To The Presenting Officer (to whom non-compliance is to be transferred) ____________________________________________________________________________________ Non-compliance ID: _________________________________________ Dated: _________________________________________ Respondent: _________________________________________ 1. Please find attached non-compliance received by the undersigned on _________________________________________ 2. On perusal of the non-compliance, it is found that the non-compliance falls within the regulatory jurisdiction of the Presenting Officer addressed above. 3. It is, therefore, requested to register this non-compliance, and take any further action that may be necessary. Encl.. 1. Copy of the non-compliance 2. Necessary documents (wherever applicable) Authorized Representative of the Presenting Officer (Name and Address) (Signed, dated and stamped) FORM XX FORMAT OF TRANSFER OF PROCEEDINGS BY ADJUDICATING OFFICER SEE RULE 39 (2) To The Adjudicating Officer (Centre/State/UT) (to whom proceedings are to be transferred) ____________________________________________________________________________________ Non-compliance ID: _________________________________________ Dated: _________________________________________ Respondent: _________________________________________ 1. The non-compliance as indicated above was brought before the undersigned on _________________________________________ and was being adjudicated. 2. During the course of proceedings, it has been found that the subject-matter of the non-compliance falls within your jurisdiction. 3. In view of the above, all case documents and a certified copy of record of proceedings are being duly transferred. 4. It is requested that further necessary action may be taken in the matter. Encl.. 1. Copy of the non-compliance 2. Certified Copy of record of proceedings (wherever applicable) GIVEN under my hand and the seal, on this day of _________________________________________ Adjudicating Officer APPENDIX A LIST OF PRESENTING OFFICERS +--------+-----------------------------------------------------------------------------------------------------------------+--------------------------------+ | Sr. No. | Officer | Jurisdiction | +========+=================================================================================================================+================================+ | (1) | (2) | (3) | +--------+-----------------------------------------------------------------------------------------------------------------+--------------------------------+ | 1. | The Member Secretary of the Commission for Air Quality Management (CAQM) in National Capital Region and Adjoining Areas or his authorized representative. | Jurisdiction of CAQM | | 2. | The Member-Secretary of the Central Pollution Control Board constituted under section 3 of the Water (Presentation and Control of pollution) Act, 1974 (6 of 1974) or his authorized representative. | Whole of India | | 3. | The Member Secretary of the State Pollution Control Board constituted under Section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and under Section 5 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) or his authorized representative. | Whole of State | | 4. | The Member Secretary of the Committee notified under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) in respect of Union Territories or his authorized representative | Whole of Union Territory | | 5. | Regional Director of the Central Pollution Control Board constituted under Section 3 of the Water (Prevention and Control of Pollution), Act, 1974 (6 of 1974) or his authorized representative. | Within their respective Zone. | | 6. | Regional Officers of the State Pollution Control Board who have been delegated powers under Section 20, 21 and 23 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) or his authorized representative | Area as laid down by the State Board | | 7. | Regional Officers of the Pollution Control Committee who have been delegated powers | Area as laid down by the State Board | | 8. | under Section 20, 21 and 23 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) or his authorized representative | Respective jurisdictions of the ROs and SROS | | 9. | Scientist 'B', 'C' ‘D', ‘E' ‘F' and 'G', of Regional Offices (ROs) and Sub Regional Offices (SROs) of the MoEF&CC. | Whole of Revenue District | | 10. | Collector or his authorized representative. | Whole of Sub-Division. | | 11. | Sub-Divisional Magistrate or his authorized representative. | Zonal/Regional area as laid down by the Ganga Project Directorate | | 12. | Any regional /Zonal Officers or a Director in charge of a Region/Zone of the Ganga Project Directorate or his authorized representative. | Whole of the State in which the Ganga Action Plan in under implementation | | 13. | Any Deputy Secretary, Director, Joint Secretary or Additional Secretary to the Government of India in the Ganga Project Directions or his authorized representative. | Area (s) as laid down by the respective State Govts. In the Notification issued under Clause 12 of the Seed controller Order, 1983 | | | Seed Inspector(s) or his authorized representative. | [F. No. F No. Q-15012/1/2022-CPW] | | | | NARESH PAL GANGWAR, Addl. Secy. | +--------+-----------------------------------------------------------------------------------------------------------------+--------------------------------+