Under the proposed rules, the Centre will appoint adjudicating officers either on its own or on request by state govts and UT administrations from among their secretary-rank officers. The adjudicating officers may be provided with requisite manpower assistance, office space and technical assistance by the central govt/state govt/UT for discharging their duties.
“Though the aggrieved parties (individuals or public organisation or private entities) will have right to appeal in the National Green Tribunal (NGT) if they are not satisfied with the orders including penalty, the new compliance mechanism of addressing the air and water related matters at the level of concerned adjudicating officer will cut the unnecessary delay and the possibility of lingering court cases,” said an officer.
There will be ‘presenting officers’ in states/UTs for taking cognisance of any non-compliance or contravention of the provisions of the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974. The presenting officers will bring the matters with all the details to the adjudicating officers.
The ministry expects that the majority of the cases would be dealt with at the level of the adjudication office itself, ensuring faster compliance. The draft notifications were issued on July 19. The ministry has put it in public domain, seeking views of stakeholders within 60 days. “The final rule is expected to be notified by late Sept,” said the official.
Besides, the ministry also issued two other separate draft notifications proposing exemption of certain categories of industries (non-polluting ones that fall under ‘white’ category of industries under CPCB categorisation) from requirement of prior consent to establish/consent to operate (CTE/CTO) under the both the Acts.Justifying such exemptions, the ministry noted that the move would enhance “trust-based governance, ease of living and ease of doing business”.Many industries related to dairy, agriculture produce processing, handloom, carpet weaving, organic manure, rope making, solar power module and flavoured betel nut production among others fall under ‘white’ category.
