The Ministry of Environment, Forest and Climate Change has issued a notification introducing the Air (Prevention and Control of Pollution) (Manner of Holding Inquiry and Imposition of Penalty) Rules, 2024. These new rules aim to strengthen the legal framework for addressing violations under the Air (Prevention and Control of Pollution) Act, 1981. These rules were published on November 12, 2024 and have come into immediate force.
Key Features of the Rules:
- The rules detail procedures for filing complaints, holding inquiries, and imposing penalties for contraventions of the Act. They empower adjudicating officers to enforce penalties for violations that harm air quality.
- Authorized officers from agencies such as the Central Pollution Control Board (CPCB), State Pollution Control Boards, and the Commission for Air Quality Management (CAQM), among others, can file complaints in Form-I either electronically, by speed post, or by hand.
- Upon receiving a complaint, adjudicating officers must issue a show cause notice within 30 days, giving the accused at least 15 days to respond.
- The inquiry process includes opportunities for the accused to present evidence, either in person or through an authorized legal representative.
- Adjudicating officers are empowered to summon witnesses, enforce document production, and proceed ex parte if the accused fails to appear.
- If a contravention is proven, adjudicating officers can impose penalties under the Act. All penalties collected will be credited to the Environment Protection Fund.
- The inquiry must be completed within six months from the issuance of the initial notice. Adjudicating officers can extend timelines if reasonable cause for delay is recorded.
- Orders imposing penalties must detail the provisions violated, provide reasons for the penalties, and be communicated to all parties. Copies of proceedings are to be supplied free of cost.
- Complaints can be transferred between adjudicating officers if jurisdictional issues arise. Transferred cases will continue from the stage of transfer.
The new rules aim to enhance transparency, accountability, and efficiency in handling violations of air pollution laws. They seek to define the inquiry and penalty process to deter violations and promote adherence to air quality standards.
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