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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) Act, 1974.

SYNOPSIS

I. Introduction-

II. The Water (Prevention & Control of Pollution) Act, 1974-

1. Definitions

i. Water Pollution [S. 2(e)]:

ii. Stream [S. 2(j)]:

iii. Board [S. 2(a)]:

2. Water Pollution Prevention and Control Agencies or Boards

A) Constitution of the Central Pollution Control Board (S. 3)

1. Definition [S. 2(b)]:

2. Composition of the Board:

3. Status of the Board as a Body Corporate:

4. Powers and Functions of the Board (S. 16):

B) Constitution of the State Pollution Control Board (S. 4)

Composition of the State Board (S. 4):

Status as a Body Corporate:

Functions of the State Board (S. 17):

III. Penalties

Failure to Comply with Directions (S. 41):

Penalty for Certain Acts (S. 42):

Penalty for Contravention of Section 24 (S. 43):

Penalty for Contravention of Section 25 or 26 (S. 44):

Enhanced Penalty after Previous Conviction (S. 45):

General Penalty for Residual Contraventions (S. 45A):

Offences by Companies (S. 47):

Offences by Government Departments (S. 48):

I. Introduction

The word "pollution" is derived from the Latin terms pollutio or pollutionis. Therefore, 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 substances or energy into the environment, resulting in deleterious effects of such a nature as to endanger human health, harm living resources, ecosystems, and material property, impair amenities, or interfere with other legitimate uses of the environment.

Human beings are surrounded by the environment, and human life depends entirely upon it. Water, air, and soil are the fundamental necessities for living beings. Humans initially utilized natural resources for survival; however, after the Industrial Revolution in the 19th century, natural resources began to be exploited indiscriminately for industrial development. This has severely affected the environment through widespread pollution.

Seventy percent of India’s population consumes polluted water. Chemical fertilizers are heavily used in farming to increase crop yields, inadvertently forcing humans to consume hazardous chemical residues. Furthermore, the air is continuously polluted by industries, vehicles, and atomic waste.

The following are the major types of pollution:

Water pollution

Air pollution

Noise pollution

Solid waste pollution

Land pollution

Mining pollution

Radiation pollution

Thermal pollution

Several laws have been passed in India, and various conventions have taken place internationally to combat this issue. The most important environmental laws passed in India are:

1. The Wild Life (Protection) Act, 1972

2. The Water (Prevention and Control of Pollution) Act, 1974

3. The Air (Prevention and Control of Pollution) Act, 1981

4. The Environment (Protection) Act, 1986

5. The Insecticides Act, 1968

II. The Water (Prevention & Control of Pollution) Act, 1974-

This Act was passed to provide for the prevention and control of water pollution, and for maintaining or restoring the wholesomeness of water.

1. Definitions

i. 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 a nuisance or render such water harmful or injurious to public health or safety, or to domestic, commercial, industrial, agricultural, or other legitimate uses, or to the life and health of animals, plants, or aquatic organisms.

ii. Stream [S. 2(j)]: "Stream" includes:

(1) Rivers

(2) Watercourses (whether flowing or, for the time being, dry)

(3) Inland waters (whether natural or artificial)

(4) Subterranean waters

(5) Tidal waters or the sea to such extent or to such a point as the State Government may, by notification in the Official Gazette, specify in this behalf.

iii. Board [S. 2(a)]: "Board" means the Central Board or a State Board.

2. Water Pollution Prevention and Control Agencies or Boards-

The Act provides for the constitution of a Central Board, State Boards, and Joint Boards to control and prevent water pollution. The Central and State Boards constituted under this Act also perform the functions mentioned under the Air (Prevention and Control of Pollution) Act, 1981. In other words, there are no separate Central and State Boards constituted under the Air Act.

A) Constitution of the Central Pollution Control Board (S. 3)-

1. Definition [S. 2(b)]: "Central Board" means the Central Pollution Control Board constituted under Section 3.

2. Composition of the Board: All dignitaries and members of the Central Board are nominated by the Central Government. The Board consists of the following:

(a) A full-time Chairman: A person possessing special knowledge or practical experience in matters relating to environmental protection, or a person with experience in administering institutions dealing with such matters.

(b) Max 5 Officials: To represent the Central Government.

(c) Max 5 Members: Chosen from among the members representing local authorities within the States.

(d) Max 3 Non-Official Members: Nominated by the Central Government to represent the interests of agriculture, fishery, industry, trade, or any other interest that the Central Government thinks ought to be represented.

(e) 2 Persons: To represent companies or corporations owned, controlled, or managed by the Central Government.(f) A full-time Member-Secretary: Possessing qualifications, knowledge, and experience in scientific, engineering, and management aspects of pollution control.

3. Status of the Board as a Body Corporate:

The Central Board is a body corporate, having perpetual succession and a common seal. Subject to the provisions of this Act, it holds the power to acquire, hold, and dispose of property, and to enter into contracts. It may sue or be sued in the name of the Central Board. 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) Promote cleanliness of streams and wells in different areas of the States.

(ii) Advise the Central Government on any matter concerning the prevention and control of water pollution.

(iii) Coordinate the activities of the State Boards and resolve disputes among them.

(iv) Provide technical assistance and guidance to State Boards, and sponsor investigations and research relating to water pollution problems.

(v) Plan and organize training programs for persons engaged in pollution control.

(vi) Organize comprehensive public awareness programs through mass media.

(vii) Perform the functions of a State Board as may be specified in an order made under Section 18(2).

(viii) Collect, compile, and publish technical and statistical data, and prepare manuals, codes, or guides for sewage and trade effluent treatment.

(ix) Lay down, modify, or annul, in consultation with the State Government concerned, the standards for a stream or well.

(x) Plan and execute a nationwide program for the prevention, control, or abatement of water pollution.

(xi) Establish or recognize laboratories to enable the Board to perform its functions efficiently.

B) Constitution of the State Pollution Control Board (S. 4)

The State Government constitutes the State Pollution Control Board to fulfill the objectives of this Act.

1. Composition of the State Board (S. 4): The State Government nominates the members of the State Board, which consists of:

(a) Chairman: (Full-time or part-time as decided by the State) possessing special knowledge or practical experience in environmental protection.

(b) Max 5 Officials: To represent the State Government.

(c) Max 5 Members: From among local authorities within the State.

(d) Max 3 Non-Official Members: To represent agriculture, fishery, industry, trade, or other relevant interests.

(e) 2 Persons: To represent companies or corporations owned, controlled, or managed by the State Government.

(f) A full-time Member-Secretary: Qualified in scientific, engineering, and management aspects of pollution control.

2. Status as a Body Corporate: The State Board is a body corporate, having perpetual succession and a common seal. It may sue or be sued in the name of the State Board. Thus, the State Board is a distinct legal person.

3. Functions of the State Board (S. 17):

(i) Plan comprehensive programs for the prevention, control, or abatement of pollution in streams and wells.

(ii) Advise the State Government on water pollution matters.

(iii) Inspect sewage/trade effluents, treatment works, and plants, and review purification plans.

(iv) Lay down, modify, or annul effluent standards for sewage and trade effluents.

(v) Evolve economical and reliable methods of treatment, keeping regional climate and soil conditions in mind.

(vi) Advise the State Government regarding the location of any industry likely to cause pollution.

III. Penalties

1. Failure to Comply with Directions (S. 41):

(a) Whoever fails to comply with any direction given under sub-section (2) or (3) of Section 20 shall, on conviction, be punishable with imprisonment up to three months, or a fine up to ten thousand rupees, or both. For continuing failures, an additional fine up to five thousand rupees per day may be levied.

(b) Whoever fails to comply with an order issued under Section 32(1)(c), Section 33(2), or Section 33A shall be punishable with imprisonment between one and a half to six years, along with a fine. Continuous failure attracts an additional daily fine of up to five thousand rupees.

(c) If the failure under Section 33(2) or Section 33A continues beyond one year from conviction, the offender shall be punishable with imprisonment between two to seven years, along with a fine.

2. Penalty for Certain Acts (S. 42):

Anyone who destroys, removes, or defaces Board property/notices, obstructs Board officers, fails to furnish required information, or provides false information to secure consent under Section 25 or 26 shall be punishable with imprisonment up to three months, or a fine up to ten thousand rupees, or both. Tampering with monitoring devices/meters carries the same penalty.

3. Penalty for Contravention of Section 24 (S. 43):

Whoever contravenes the provisions of Section 24 (prohibiting the entry of polluting matter into streams/wells) shall be punishable with imprisonment between one and a half to six years, and a fine.

4. Penalty for Contravention of Section 25 or 26 (S. 44):

Whoever sets up an industry or discharge system without the Board's consent (contravention of S. 25/26) faces imprisonment between one and a half to six years, and a fine.

5. Enhanced Penalty after Previous Conviction (S. 45):

If a person previously convicted under Sections 24, 25, or 26 is found guilty again, they shall face imprisonment between two to seven years, along with a fine. Note: No cognizance is taken of a conviction that occurred more than two years prior to the current offence.

6. General Penalty for Residual Contraventions (S. 45A):

For any violation of this Act where no specific penalty is provided elsewhere, the punishment is imprisonment up to three months, or a fine up to ten thousand rupees, or both, with a continuing daily fine of up to five thousand rupees.

7. Offences by Companies (S. 47):

(a) If a company commits an offence, every person in charge of and responsible to the company for its business conduct shall be deemed guilty alongside the company. Exception: If the person proves the offence was committed without their knowledge or that they exercised due diligence, they are exempt.

(b) If it is proved that the offence occurred with the consent, connivance, or neglect of any director, manager, secretary, or other officer, such individual will also be deemed guilty.

8. Offences by Government Departments (S. 48):

Where an offence is committed by a Government Department, the Head of the Department shall be deemed guilty. Exception: They are not liable if they can prove the offence was committed without their knowledge or that they exercised all due diligence to prevent it.

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