Water (Prevention and Control of Pollution) Amendment Act, 2024: Key Reforms for Indian Industries

Introduction

In February 2024, the Ministry of Law and Justice published the Water (Prevention and Control of Pollution) Amendment Act, 2024 — a landmark reform modernizing India’s environmental governance system.

This amendment to the Water (Prevention and Control of Pollution) Act, 1974 focuses on decriminalizing minor offences, introducing monetary penalties instead of imprisonment, and strengthening the adjudication process for better enforcement.

For industries, infrastructure developers, and Pollution Control Board consultants, this Act represents a significant shift toward trust-based governance, ease of doing business, and transparency in environmental compliance.

1. Objective and Background of the Amendment

The Water Act, 1974 was enacted to control and prevent water pollution across India through a central and state-level framework involving the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs).

Over time, several procedural and punitive provisions became outdated. Many minor non-compliances resulted in criminal prosecution, creating fear and administrative burden even for unintentional lapses.

The 2024 Amendment seeks to address this by:

• Decriminalizing minor offences
  
  
• Introducing monetary penalties instead of criminal prosecution
  
  
• Creating an adjudication mechanism through appointed officers
  
  
• Providing for appeals to the National Green Tribunal (NGT)
  
  
• Enhancing uniformity and accountability among State Pollution Control Boards
  
  

This reform aligns with India’s larger agenda of Ease of Doing Business and Environmental Governance Reform, ensuring that industries can comply efficiently while pollution control remains strict and outcome-driven.

2. States Covered Under the Amendment

The Act initially applies to the States of Himachal Pradesh and Rajasthan, and all Union Territories.
Other States can adopt it through a resolution under Article 252 of the Constitution.

Once adopted, it will extend nationwide — harmonizing consent, compliance, and enforcement under the Water Act across India.

3. Central Government’s Enhanced Role

a. Appointment of State Board Chairpersons

Sections 4 and 5 of the principal Act have been amended to allow the Central Government to prescribe the manner of appointment and service conditions of State Pollution Control Board chairpersons.

This brings uniformity and consistency to appointments, ensuring that qualified environmental professionals or technocrats lead the Boards.

4. Major Amendment to Consent Provisions (Sections 25 and 27A)

a. Exemptions for Certain Industrial Categories

Section 25(1) has been amended to allow the Central Government, in consultation with CPCB, to exempt certain categories of industries from the requirement of prior consent to establish or operate.

This is a major step in streamlining low-risk or non-polluting sectors, allowing them to start operations more quickly under simplified norms.

b. New Section 27A – Grant, Refusal, or Cancellation of Consent

A new Section 27A empowers the Central Government, in consultation with CPCB, to issue uniform national guidelines regarding:

• Grant, refusal, or cancellation of consent under Sections 25 and 27
  
  
• Time-bound processing of consent applications
  
  
• Standard validity periods for CTE and CTO
  
  
• Procedure for renewals, amendments, and inspections
  

All State Pollution Control Boards are mandated to act in accordance with these guidelines, ensuring consistency across India.

This is especially beneficial for industries that operate in multiple states, as it reduces variability and confusion in consent management.

5. Decriminalization and Rationalization of Offences

Previously, several sections of the Water Act prescribed imprisonment for non-compliance, even for procedural lapses. The 2024 Amendment Act has transformed this by:

• Replacing criminal penalties with monetary fines
  
  
• Defining clear minimum and maximum penalty limits
  
  
• Introducing a structured daily fine for continued violations
  

Revised Penalty Framework:

By shifting from imprisonment to penalties, the government has created a more business-friendly, predictable, and transparent compliance system.

6. Introduction of Adjudicating Officers (Section 45B)

A key innovation in this amendment is the appointment of Adjudicating Officers for determining penalties.

Who are Adjudicating Officers?

• Officers not below the rank of Joint Secretary to the Government of India or Secretary to a State Government.
  
  
• They will conduct inquiries, issue summons, and determine penalties based on evidence.
  
  
• No penalty will be imposed without giving the concerned party an opportunity of being heard.
  
  

This approach replaces criminal trials with administrative adjudication, ensuring faster resolution, lower litigation costs, and efficient environmental governance.

7. Appeal Mechanism – National Green Tribunal (Section 45C)

Any person aggrieved by an order of the Adjudicating Officer can appeal to the National Green Tribunal (NGT) within 60 days.

The appeal process includes:

• Submission of an appeal with 10% of penalty amount as pre-deposit
  
  
• Hearing and final decision by NGT — to confirm, modify, or set aside the penalty
  

This ensures a fair and transparent appeal system for industries while keeping enforcement efficient.

8. Penalty Credit to Environmental Protection Fund

Under Section 45D, all penalties collected under the Act will be credited to the Environmental Protection Fund, established under the Environment (Protection) Act, 1986.

This ensures that collected penalties are reinvested into environmental restoration, pollution mitigation projects, and research — strengthening India’s sustainability ecosystem.

9. Strict Enforcement for Severe Violations (Section 45E)

While minor offences are decriminalized, serious violations such as failure to obtain consent under Section 25 or 26 still carry imprisonment and fines.

Key Provisions:

• Minimum imprisonment: 1.5 years
  
  
• Maximum imprisonment: up to 6 years + fines
  
  
• Continuous violation: additional fine up to ₹50,000/day
  
  
• Failure to pay penalties within 90 days: imprisonment up to 3 years or double the unpaid amount
  

Thus, while leniency is introduced for minor lapses, core pollution offences remain criminally punishable.

10. Corporate and Departmental Accountability

a. Liability of Companies

If a company commits an offence:

• Both the company and its responsible officers can be held liable.
  
  
• Directors or managers can avoid liability only by proving lack of knowledge or due diligence.
  
  
• Offences involving connivance or neglect by senior management invite personal liability.
  

b. Penalty for Government Departments

For the first time, Section 48 explicitly includes government departments:

• The Head of Department must pay a penalty equal to one month of basic salary for contraventions.
  
  
• Other responsible officers are also liable if negligence is proven.
  

This ensures accountability not just for private industries but also for public sector and governmental entities.

11. New Rulemaking Powers and Clarity for State Boards

The amendment also expands the rule-making authority under Sections 63 and 64 to specify:

• Manner of appointing adjudicating officers
  
  
• Inquiry procedures for determining penalties
  
  
• Service conditions of State Board chairpersons
  

This brings uniformity across states and strengthens institutional governance under the Water Act.

12. Overall Impact on Industries and Consultants

The Water Act Amendment 2024 fundamentally transforms how industries in India interact with environmental regulators.

For Industries:

• Simplified compliance with fewer criminal provisions
  
  
• Time-bound approvals and transparent penalties
  
  
• Online consent and adjudication systems
  
  
• Reduced fear of litigation, promoting ease of doing business
  

For Environmental Consultants:

• Increased role in advisory, documentation, and consent management
  
  
• Need for accurate record-keeping and reporting under new penalty norms
  
  
• Opportunity to help industries navigate adjudication and appeal processes efficiently
  

13. Simplicomp Tech LLP – Your Partner in Environmental Compliance

At Simplicomp Tech LLP (Environmental Pollution Board Consulting, India), we specialize in guiding industries through the evolving environmental regulatory landscape.

Our expertise includes:

• CTE NOC and CTO (CCA NOC) applications
  
  
• Compliance under Water and Air Acts
  
  
• EIA and EC support for large projects
  
  
• Liaison with SPCBs and CPCB for consents and renewals
  
  
• Advisory on penalty management and NGT appeals
  
  
• Periodic environmental audits and reporting
  
  

With over a decade of hands-on experience, Simplicomp Tech LLP ensures your organization achieves seamless pollution control compliance while maintaining operational efficiency and sustainability.

14. Conclusion

The Water (Prevention and Control of Pollution) Amendment Act, 2024 is a milestone in India’s journey toward modern, efficient, and fair environmental governance.

By decriminalizing minor offences, creating an adjudication mechanism, and aligning state boards under uniform national guidelines, this Act strengthens both industrial accountability and regulatory transparency.

For Indian industries, adapting early to these changes — with expert guidance from consultants like Simplicomp Tech LLP — will ensure smoother compliance, avoid penalties, and demonstrate a strong commitment to environmental responsibility.