The draft Rules amending the Environment (Protection) Rules, 1986, have been brought following the passage of the Jan Vishwas (Amendment of Provisions) Bill, 2023, which decriminalised provisions under the Environment Protection Act, 1986; Air Act, 1981; Water Act, 1974 and Public Liability Insurance Act, 1991. For several provisions, imprisonment has been replaced by penalties ranging from Rs 10,000 to Rs 15 lakh.

The ministry has sought comments and objections from the public within a sixty-day period.

Besides all the above-mentioned Acts, the Jan Vishwas Act, 2023, decriminalised 183 provisions across 42 central Acts administered by 19 ministries and departments.

The new draft lays down the process for appointment of adjudicating officers; cognizance and inquiry of environmental offences. At the state level, the adjudicating officer will be drawn from the bureaucracy who will be of the rank of secretary in-charge of the environment department of the state government or union territory.

The Centre has to appoint an adjudication officer not below the rank of a joint secretary to the Government of India.

Earlier, officers of the central or state pollution control boards took cognizance of offences under the Air and Water Act and filed complaints with courts. Under the draft Rules, a presenting officer has to initiate action against such offences and bring it to the adjudicating officer.

The adjudicating officers will have powers of a civil court to summon those accused of committing an offence, seek documents and receive evidence on affidavits, the Rules said. If the penalty imposed by the adjudicating officer is not paid within 90 days, it will be liable for imprisonment which can extend up to three years or a fine twice the amount of the penalty or both, the Rules stated. The National Green Tribunal would act as the appellate authority against orders of the adjudicating officer, the Rules said.

Research, capacity building, assessment of environmental damages and remediation of contaminated sites are some of the key uses of the Environment Protection Fund prescribed in the Rules. For instance, funds can be used for installation of water or air quality monitoring stations.