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‘The Water’
Prof. Santosh D. Bhosale
(..5 ..)
THE WATER (PREVENTION & CONTROL OF POLLUTION) ACT 1974
QUESTION BANK
Q.1. State the constitution and functions of the State Board under the Water Act.1974.
Q.2. Why has it become a must to frame the Water (Prevention and Control of
Pollution)
Act. 1974? How water pollution is controlled through this Act?
Q.3. Write a detailed note on The Water(Prevention and Control of Pollution)Act1974
SYNOPSIS
Table of Contents
I] DFINITIONS:-.......................................................................................................................... 34
1) Water Pollution [S.2 (e)]: -................................................................................................... 34
2) “Stream” [S.2 (j)]:- ............................................................................................................... 34
3) Board [S.2 (a)]:-................................................................................................................... 34
2) Composition of the Board:-.............................................................................................. 35
3) Functions of the State Board (S. 17):-.............................................................................. 37
III] PENALTIES........................................................................................................................... 38
2) Penalty for Certain Acts (S.42):-.......................................................................................... 39
4) Penalty for Contravention of S. 25 or S. 26:-....................................................................... 40
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The word ‘pollution’ is derived from the Latin terms “pollutio” or “pollutionis”. So the
word “pollute” means to spoil, to make foul, to make unclean, or to make impure.
According to the International Law Association pollution means any introduction by
man, directly or indirectly, of substance or energy into the environment, resulting in
deleterious effects of such a nature as to endanger human health, harm living resources,
Eco-systems, material property, impair amenities or interfere with other legitimate uses
of the environment.
Man is surrounded by the environment. Man’s life depends upon the environment.
Water, air, and soil are the fundamental necessities for living beings. Men started exploiting
natural resources for their own use. However, after the industrial revolution in the 19th
Century, men started exploiting natural resources madly for their own development,
affecting the environment adversely by environmental pollution.
70% of India’s population drinks polluted water; fertilisers (chemicals) are used in
farming to increase yields, forcing men to eat poison. The air is polluted by industries,
vehicles, atomic wastes, etc.
The following are the major types of pollution: -
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Water pollution
Air pollution
Noise pollution
Soil Waste pollution
Land pollution
Mine pollution
Radiation pollution
Thermal pollution
Several laws have been passed in India, and conventions have taken place
internationally. The most important laws passed in India are the Environment (Protection)
Act, 1986; the Water Prevention and Control of Pollution Act, 1974; the Air Prevention
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and Control of Pollution Act, 1981; the Wild Life Protection Act, 1972; and the Insecticides
Act, 1968.
We will discuss these laws on different topics.
THE WATER (PREVENTION & CONTROL OF POLLUTION) ACT.1974: -
This Act is passed to provide for the prevention and control of water pollution and
for maintaining or restoring the wholesomeness of water, etc.
I]
DFINITIONS:-
1)
Water Pollution [S.2 (e)]: -
“Water Pollution” means (i) such contamination of water or (ii) such alteration of
the physical, chemical or biological properties of water, or (iii) such discharge of any
sewage or trade effluent or any other liquid, gaseous or solid substance into water (whether
directly or indirectly) as may “or is likely to create (i) a nuisance or (ii) render such water
harmful or injurious to public health or safety, or (iii) to domestic, commercial, industrial,
agricultural or other legitimate uses, or (iv) to the life and health of animals or plants or of
aquatic organisms”.
2)
“Stream” [S.2 (j)]:-
Stream includes-
(i)
river
(ii)
(iii)
(iv)
(v)
watercourse (whether flowing or, for the time being, dry)
inland water (whether natural or artificial)
subterranean waters
Sea or idle waters to such extent or, as the case may be, to such a point
as the State Government may, by notification in the official gazette,
specify on this behalf.
3)
Board [S.2 (a)]:-
Board means ‘Central Board’ or a ‘State Board’.
II]
WATER POLLUTION PREVENTION AND CONTROL AGENCIES OR
BOARDS
The Act has made provisions for the constitution of the Central Board, State Board,
and joint Boards to control and prevent water pollution. The Central and State Boards
constituted under this Act also perform functions mentioned under The Air (prevention and
control of pollution) Act. 1991. In other words, there are no separate Central and State
Boards constituted under the Air (Prevention and Control of Pollution) Act. 1991.
A)
1)
Constitution of Central Pollution Control Board (S. 3):-
Definition [S. 2(b)]:-
“Central Board” means the Central Pollution Control Board Constituted under S.3.
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2) Composition of the Board:-
All dignitaries and members of the Central Board are nominated by the Central
Government. The Board shall consist of the following. viz.
‘The Water’
Prof. Santosh D. Bhosale
a) a full-time
Who shall have special knowledge or practical experience in
Chairman
respect of a matter relating to environmental protection or
a person having knowledge or experience in administering
institutions dealing with matters aforesaid.
b) such number of
officials, not
To represent the Central Government
exceeding five
c) not more than
five members
From amongst the members representing local authorities within
the State.
d) not exceeding
three non-official
members
To be nominated by the Central Government to represent the
interests of agriculture, fishery industry, trade or any other
interest, in the opinion of the Central government, ought to be
represented;
e) two persons
To represent the companies or corporations owned, controlled or
managed by the Central Government
f) a full-time
Possessing qualifications, knowledge, and experience in
scientific engineering and management of aspects of pollution
control.
member secretary,
3)
Status of a Board as a Body Corporate:-
The Central Board shall be a body corporate by the same name, having perpetual
succession and a common seal with power subject to provisions of this Act to acquire, hold
and dispose of property and contract. It may, in the name of the Central Board, sue or be
sued. The Central Board is thus a legal person.
4)
Powers and Functions of the Board (S. 16):-
The Central Board performs the following functions-
i) to promote cleanliness of streams and wells in different areas of the States.
ii) to advise the Central Government on any matter concerning the prevention and
control of water pollution.
(iii) to coordinate the activities of State Boards and resolve disputes among them.
(iv) to provide technical assistance and guidance to the State Boards, carry out
and sponsor investigations and research relating to problems of water pollution and
prevention, control or abatement of water pollution.
(v) to plan and organise the training of persons engaged or to be engaged in
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programmes for the prevention, control or abatement of water pollution on such
terms and conditions as the Central Government specifies.
(vi) to organize through mass media a comprehensive programme regarding the
prevention and control of water pollution.
(vii) to Perform such of the functions of the State Board as may be specified in an
order made under S. 18 (2).
(viii) to collect, compile and publish technical and statistical data relating to
water pollution and the measures devised for its effective prevention and control
and prepare manuals, codes or guides relating to the treatment and disposal of
sewage and trade effluents and disseminate information connected therewith.
(ix) lay down, modify or annul, in consultation with the State Government
concerned, the standards for a stream or well.
(x) to plan and cause to be executed a nationwide programme for the prevention,
control or abatement of water pollution.
(xi) to perform such other functions as may be prescribed.
(xii) to establish or recognise a laboratory or laboratories to enable the Board to
perform its functions efficiently.
B)
Constitution of State Pollution Control Board (S. 4):-
The State Government constitutes the State Pollution Control Board to carry on the
object of this Act.
1) Composition of the State Board (S. 4):-
The state government nominates the dignitaries and members of the State Board.
The Board consists of the following.
a) Chairman (may be
full-time or part-time as
per the decision of the
State)
Who shall have special knowledge or practical experience
in respect of a matter relating to environmental protection or
a person having knowledge or experience in administering
institutions dealing with matters aforesaid.
b) such number of
officials, not exceeding
five
To represent the State Government
c) not more than five
members
From amongst the members representing local authorities
within the State.
d) not exceeding three
non-official members
To be nominated by the State Government to represent the
interests of agriculture, fishery or industry or trade or any
other interest, in the opinion of the Central government,
ought to be represented;
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e) two persons
To represent the companies or corporations owned,
controlled or managed by the State Government
Possessing qualifications, knowledge, and experience in
scientific engineering and management of aspects of
pollution control.
f) a full-time member
secretary,
2)
Status of a Body Corporate:-
The State Board shall be a body corporate by the same name, having perpetual
succession and a common seal, with power, subject to the provisions of this Act, to acquire,
hold, and dispose of property, to contract, etc. It may sue or be sued in the name of the
Central Board. Thus, the Central Board is a legal person.
3)
Functions of the State Board (S. 17):-
The State Board carries the following functions, viz.
i) to plan a comprehensive programme for the prevention, control or abatement
of pollution of streams and wells in the States.
ii) to advise the State Government on any matter concerning the prevention and
control of water pollution.
(iii) to collect and disseminate information relating to water pollution and the
prevention, control or abatement thereof.
(iv) to encourage, conduct and participate in investigations and research
relating to problems of water pollution and prevention, control or abatement of
water pollution.
(v) to collaborate with the Central Board in organising the training of persons
engaged or to be engaged in programmes relating to the prevention, control, and
abatement of water pollution and to organise mass education programmes relating
thereto.
(vi) to inspect sewage or trade effluent, works and plants for the treatment of
sewage and trade effluents and to review plans, specifications or other data relating
to plants set up for the treatment of water, work for the purification thereof and the
system of the disposal of sewage or trade effluents or in connection with the grant
of any consent as required by this Act.
(vii) to lay down, modify or annul effluent standards for the sewage and trade
effluents and for the quality of receiving (not being water in an interstate stream)
resulting from the discharge of effluents and to classify waters of the State.
(viii) to evolve economical and reliable methods of treatment of sewage and
trade effluents, having regard to the peculiar conditions of soils, climate and water
resources of different regions and, more especially, the prevailing flow
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characteristics of water in streams and wells which render it impossible to attain
even the minimum degree of dilution.
(ix) to evolve methods of utilisation of sewage and suitable trade effluents in
agriculture.
(x) to evolve efficient methods of disposal of sewage and trade effluents of land
as are necessary on account of the predominant conditions of scant stream flows
that do not provide for a major part of the year minimum degree of dilution.
(xi) to lay down standards of treatment of sewage and trade effluents to be
discharged into any particular stream, taking into account the minimum fair weather
dilution available in that stream and the tolerance limits of pollution permissible in
the water of the stream, after the discharge of such effluents.
(xii) to make, vary or revoke any order for prevention, control or abatement of
discharges of waste into streams or wells.
(xiii) to lay down effluent standards to be complied with by persons while causing
discharge or sewage or sullage or both and to lay down, modify or annul effluent
standards for the sewage and trade effluents.
(xiv) to advise the State Government with respect to the location of any industry
carrying on which is likely to pollute a stream or well.
(xv) to perform such other functions as may be prescribed or as may, from time
to time, be entrusted to it by the Central Board or the State Government.
PENALTIES
III]
1)
Failure to Comply with Directions (S.41):-
(a)
Whoever fails to comply with any direction given under Ss. (2) or Ss. (3) of S.
punishable with imprisonment for a term which may extend to three months or
with a fine which may extend to ten thousand rupees or with both and in case
the failure continues, with an additional fine which may extend to five
thousand rupees for every day during which such failure continues after the
conviction for the first such failure.
(b)
Whoever fails to comply with any order issued under clause (c) of Ss. (1) of
1 S. 20 -Whoever refuses to give the information regarding the Water (Prevention and Control of Pollution)
and whoever discharges the sewage or trade effluent into any such stream or well and whoever carries on
polluting the water but gives wrong information to the State Board.
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under S.33A shall, in respect of each such failure and on conviction, be
punishable with imprisonment for a term which shall not be less than one year
and six months but which may extend to six years and with fine, and in case the
failure continues, with an additional fine which may extend to five thousand
rupees for every day during which such failure continues after the conviction
for the first such failure.
(c)
If the failure referred to in sub-section (2) of S. 33 and S. 33 (A) continues
beyond a period of one year after the date of conviction, the offender shall, on
conviction, be punishable with imprisonment for a term which shall not be less
than two years but which may extend to seven years and with fine.
Penalty for Certain Acts (S.42):-
2)
(a)
Whoever destroys, pulls down, removes, injures or defaces any pillar, post or
stake fixed in the ground or any notice or other matter put up, inscribed or placed,
by or under the authority of the Board, or
(b)
Obstructs any person acting under the orders or directions of the Board from
exercising his powers and performing his functions under this Act, or
Damages any work or property belonging to the Board, or
(c)
(d)
Fails to furnish to any officer or other employee of the Board any information
required by him for this act, or
(e)
Fails to intimate the occurrence of any accident or other unforeseen act or event
under S.31 to the Board and other authorities or agencies as required by that section,
or
(f)
In giving any information which he is required to give under this Act, knowingly
or willfully makes a statement which is false in any material particular, or
For the purpose of obtaining any consent under S. 25 or S. 26, knowingly or
willfully makes a statement which is false in any material particular.
Shall be punishable with imprisonment for a term which may extend to three months
(g)
or with a fine which may extend to (ten thousand rupees) or with both.
Where the grant of consent in pursuance of the provisions of S. 25 or S. 26 the use
of a metre or gauge or other measure or monitoring device is required and such device is
used for the purposes of those provisions, any person who knowingly or willfully alters or
2 S. 32 (1) (c) if occupier continues discharging any poisonous, noxious or polluting matters into the stream
or well or on land or making insanitary use of stream or well.
3
S. 32 (2) and S. 33 A- person / occupier is ordered to close any industry or to stop the operation or the
process.
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interferes with that device so as to prevent it from monitoring or measuring correctly shall
be punishable with imprisonment for a term which may extend to three months or with fine
which may extend to (ten thousand rupees) or with both.
3)
Penalty for Contravention of Provisions of S. 24:-
Whoever contravenes the provisions of S.24 shall be punishable with imprisonment
for a term which shall not be less than (one year and six months) but which may extend to
six years and with a fine.
4)
Penalty for Contravention of S. 25 or S. 26:-
Whoever contravenes the provisions of S.25 or S.26 shall be punishable with
imprisonment for a term which shall not be less than (one year and six months) but which
may extend to six years and with a fine.
5)
Enhanced Penalty after Previous Conviction under S. 24, S. 25 and S. 26:-
If any person who has been convicted of any offence under S.24, S.25, and S.26 is
again found guilty of an offence involving a contravention of the same provision, he shall,
on the second and very subsequent conviction, be punished with imprisonment for a term
which shall not be less than (two years) but which may extend to seven years and with fine.
Provided that for this section no cognisance shall be taken of any conviction made
more than two years before the commission of the offence which is being punished.
6)
Penalty for Contravention of Certain Provisions of the Act. (S.45-A):-
Whoever contravenes any of the provisions of this Act or fails to comply with any
order or direction given under this Act for which no penalty has been elsewhere provided
in this Act, shall be punishable with imprisonment up to three months or with a fine up to
ten thousand rupees or with both, and in case of a continuing failure, with an additional
fine up to five thousand rupees for every day during which such contravention or failure
continues after conviction for the first such contravention or failure.
7)
Offences by Companies (S.47):-
a)
Where an offence under this Act has been committed by a company, every person
who at the time the offence was committed was in charge of and was responsible
to the company for the conduct of the business of the company, as well as the
company, shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly.
Provided that nothing contained in this subsection shall render any such
person liable to any punishment provided in this Act if he proves that the offence
was committed without his knowledge or that he exercised all due diligence to
prevent the commission of such offence.
b)
Notwithstanding anything contained in Ss. (1), where an offence under this Act has
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Prof. Santosh D. Bhosale
been committed by a company and it is proved that the offence has been committed
any director, manager, secretary or another officer shall also be deemed to be guilty
of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation: - for the purposes of this section,-
i)
“Company” means any body corporate, and includes a firm or other association of
individuals; and
ii)
“Director” in relation to a firm means a partner in the firm.
Offences by Government Departments (S.48):-
8)
Where an offence under this Act has been committed by any Department of
Government, the head of the department shall be deemed to be guilty of the offence and
shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this section shall render such Head of the
Department liable to any punishment if he proves that the offence was committed without
his knowledge or that he exercised all due diligence to prevent the commission of such
offence.
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संमꢀती [अनुꢀतत]