In a move aimed at strengthening the accountability of environmental regulation in India, the Ministry of Environment, Forest, and Climate Change (MoEFCC) has introduced the Environment Protection (Manner of Holding Inquiry and Imposition of Penalty) Rules, 2024. These rules, introduced following a Supreme Court directive on pollution control, outline a standardized approach for conducting inquiries and imposing penalties on violators of environmental laws.
Key Aspects of the New Rules
Who Can Initiate Complaints?
Under the new rules, environmental complaints can be brought forward by important regulatory bodies such as the Central Pollution Control Board (CPCB), State Pollution Control Boards (SPCBs), Pollution Control Committees, and other designated authorities. This broadens the scope for filing complaints, ensuring that environmental violations can be effectively flagged and addressed.
Addressing Jurisdictional Issues
The rules recognize the possibility of jurisdictional conflicts. To resolve such issues, an adjudicating officer can transfer a case to the appropriate authority. This flexibility ensures that cases are handled by the most relevant body, improving the efficiency and accuracy of the inquiry process.
Inquiry Initiation and Timeline
As stipulated in Section 15C of the Environment (Protection) Act, an inquiry must be initiated by the designated adjudicating officer within 30 days of receiving the complaint. This prompt timeline aims to prevent delays in addressing violations and ensures that polluters are quickly held accountable.
Process for Violators
Individuals or entities accused of environmental violations are granted at least 15 days to respond to any notices. They may also be asked to appear in person to provide further explanation, ensuring a fair process. However, a priority is placed on timely resolution: inquiries are to be completed within six months from the date of notice issuance.
Significance for Environmental Governance
These rules serve as a robust mechanism to streamline and enforce environmental accountability. By establishing a clear process for inquiry and penalty imposition, the rules aim to curb pollution and ensure regulatory compliance, aligning with India’s broader goals for environmental protection.
Additional Insights for UPSC Aspirants
For students preparing for the UPSC Civil Services Exam, this policy offers insights into India’s evolving approach to environmental governance. Important constitutional and legal provisions, like Article 48A, which directs the State to protect and improve the environment, and Section 15C of the Environment (Protection) Act, are key elements related to this policy. The framework also reflects the balance of powers among regulatory agencies like CPCB and SPCBs, showcasing how administrative law can enforce sustainable practices.
Practice Question
Q. Consider the following statements regarding the Environment Protection (Manner of Holding Inquiry and Imposition of Penalty) Rules, 2024:
The initiation of an inquiry must be done within 60 days of receiving a complaint.
The Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) can file complaints against environmental violators.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: (b) 2 only
Explanation: The rules require the inquiry to begin within 30 days, not 60 days, making Statement 1 incorrect.
Statement 2 is correct, as the CPCB and SPCBs are authorized to file complaints under the new rules.
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