The Water (Prevention And Control Of Pollution) Act Of 1974

Index

1. Introduction 
2. Terms To Acknowledge Under Water  (Prevention and Control of Pollution) Act
3. Central Pollution Control Board 
4. Functions Of Central Pollution Control Board
5. State Pollution Control Board
6. Functions Of State Pollution Control Board
7. Authority Of State Pollution Control Board
8. Joint Board
9. Elimination Of Members 
10. Punishment Under Water (Prevention And Control Of Pollution) Act
11. Conclusion

Introduction 

Water pollution refers to the contamination of water bodies such as lakes, rivers, oceans, groundwater, and drinking water sources. It occurs when harmful substances like chemicals, industrial waste, sewage, agricultural runoff, and plastic waste enter these water sources, adversely affecting aquatic ecosystems and posing health risks to humans and wildlife.

The Water (Prevention and Control of Pollution) Act of 1974 is an Indian legislation designed to prevent and control water pollution. Its primary objective is to regulate and manage the discharge of pollutants into water bodies, ensure the maintenance of water quality standards, and promote the conservation of water resources. The Act empowers central and state pollution control boards to enforce regulations, monitor pollution levels, issue permits for industrial activities, and take corrective actions to mitigate water pollution.

Terms To Acknowledge Under Water  (Prevention and Control of Pollution) Act

A Board refers to either the central board or the state board, as defined in the Act.

Under Section 2(e) of the Act, pollution is defined as any contamination of water or changes to its physical, chemical, and biological properties. It includes disposing of sewage waste in water, leading to nuisance or rendering the water harmful to public health, safety, domestic, industrial, or other legitimate uses, as well as harmful to aquatic life and plants.

This definition encompasses watercourses, whether flowing or dry, inland waters (natural or artificial), subterranean waters, seas, or tidal waters as prescribed by the state.

In Section 2(b), the Central Board refers specifically to the Central Pollution Control Board, while in Section 2(h), the State Board refers to the State Pollution Control Board.

Central Pollution Control Board 

The Central Government has the authority to establish a Central Pollution Control Board, as outlined in an official notice published in the official gazette. The composition of this board includes several key members:

1. A chairman, selected by the central government, possessing expertise or practical experience in environmental protection matters.
2.  Up to 5 officials are designated to represent the interests of the central government.
3. Up to 5 members nominated by the central government from the State Board’s members.
4.  A maximum of 3 members appointed by the central government to advocate for agriculture, fisheries, trade, or other relevant interests.
5. Two individuals representing companies or corporations owned or controlled by the central government.
6. Additionally, a full-time member secretary is appointed, possessing comprehensive knowledge, experience, and qualifications in scientific management and environmental pollution prevention.

This composition ensures a diverse and knowledgeable board capable of addressing various aspects of environmental protection and pollution control.

Functions Of Central Pollution Control Board

The Central Government is advised on matters pertaining to the prevention and control of water pollution. This includes coordinating activities among State Boards and resolving any disputes that may arise among them. The Central Board also offers technical assistance and guidance to State Boards, conducts and sponsors investigations and research related to water pollution issues, and works towards preventing, controlling, or abating water pollution.

Furthermore, the Central Board is responsible for planning and organizing training programs for individuals engaged or about to engage in activities related to water pollution prevention, control, or abatement. These training programs are conducted based on terms and conditions specified by the Central Board. Additionally, the Central Board is tasked with organizing comprehensive programs through mass media to educate the public about the prevention and control of water pollution.

State Pollution Control Board

The State Government, through an official notice published in the Gazette, holds the authority to establish a State Pollution Control Board. This board is structured with the following composition:

1. A Chairman, appointed by the state government, who possesses knowledge or experience in environmental pollution matters.
2.  Up to 5 members appointed by the state government to represent governmental interests.
3. Not more than 2 individuals appointed by the state government from local authorities within the state to serve as members.
4. Up to 3 persons nominated by the state government to represent various interests such as fisheries, agriculture, trade, and other relevant sectors.
5. Two representatives from companies or corporations controlled, owned, or  managed by the state.
6. Additionally, a member secretary is appointed, possessing the necessary knowledge, qualifications, and experience in dealing with environmental pollution cases.

This structured composition ensures a well-rounded State Pollution Control Board capable of addressing diverse environmental concerns and effectively managing pollution control measures.

Functions Of State Pollution Control Board

The State Pollution Control Board is tasked with developing a comprehensive program aimed at preventing and controlling pollution in wells and streams within the state. This includes not only planning the program but also ensuring its effective implementation. Additionally, the Board advises the State Government on matters concerning water pollution prevention and control, leveraging its expertise and knowledge to offer strategic guidance and recommendations.

Furthermore, the State Board collaborates closely with the Central Board to train individuals employed or to be employed in activities related to preventing and controlling water pollution. It also plays a crucial role in setting and modifying effluent standards for sewage and trade effluents, as well as establishing quality standards for receiving water resulting from effluent discharge. Additionally, the Board is responsible for classifying waters within the state and devising methods for utilizing sewage and trade effluents in agriculture. To support these functions, the State Board has the authority to establish laboratories, enabling efficient performance in collecting water samples from streams, sewage, or trade effluents.

Authority Of State Pollution Control Board

Under Section 19 of the Act, the State Pollution Control Board has the authority to confine the territorial reach of any order it issues regarding water pollution prevention and control. This entails that the board’s directives will solely apply to the specific areas impacted by water pollution. It is within the discretion of the State Board to designate which areas are deemed as water polluted and which are not. This determination can be based on referencing a map, delineating a watershed line, or using the boundary of a district as a reference point.

Joint Board 

The state government of one state can enter into an agreement with another state government to establish a joint board. Likewise, the Central Government and the government of union territories can also make agreements to form joint boards.

A joint board, as outlined in Section 14 of the Act, is structured with specific members, including:

1. Chairman: The chairman of the joint board possesses the necessary knowledge, experience, and qualifications in matters concerning the prevention and control of environmental pollution.
2. State Government Nominees: Each state government nominates two members to represent their respective state on the joint board.
3. Nonofficial Representatives: Each participating state appoints a nonofficial member to advocate for interests such as agriculture, fisheries, trade, or other relevant sectors.
4. Company Representatives: Two members are nominated by the central government to represent companies or corporations owned, controlled, or managed by the participating state.
5. Member Secretary: A full-time member secretary, appointed by the central government, possesses the required skills, experience, and qualifications in science, engineering, or management aspects of pollution control and prevention.

Elimination Of Members 

Section 6 of the Act outlines the grounds on which a member may be disqualified from serving on the board. These include:

1. Insolvency or Debt: A person who is declared insolvent, has outstanding debts, or has reached a settlement with creditors cannot become a board member.
2. Mental Incapacity or Conviction: Individuals of unsound mind or those convicted of offences involving moral turpitude, as determined by the central or state government, are disqualified.
3. Conflict of Interest: Anyone holding a salaried position or office of profit connected with the board’s activities is ineligible to be a board member.
4. Misuse of Powers: If a member abuses their authority or position within the board, the central or state government can disqualify them in the public’s interest.

Punishment Under Water (Prevention And Control Of Pollution) Act

Failure to adhere to the orders of the board under subsections 2 and 3 of Section 20 results in potential conviction, with a punishment of up to 3 months of imprisonment, a fine, or both. Similarly, non-compliance with orders under clause e of subsection 1 of Section 32 or subsection 2 of Section 33 carries a more severe penalty. Offenders in these cases face imprisonment ranging from 6 months to 6 years, a fine, or both.

Section 42 outlines penalties for various acts, including removing or destroying notices posted by the board, obstructing board members or other personnel acting under the board, failing to provide required information to board members, or providing false information intentionally. Convictions under these acts can lead to a maximum of 3 months imprisonment, a fine of up to 10,000 rupees, or both.

Conclusion 

Water pollution remains a significant concern in India, with controlling and preventing it posing a formidable challenge. Despite efforts, raising awareness among the populace about the criticality of conserving water bodies has been insufficient. The Act, however, establishes various agencies tasked with preventing and controlling water pollution and outlines procedures for filing complaints, along with delineating the powers of each board. Nonetheless, there is a pressing need to enhance the Act’s comprehensiveness, involve local communities more actively, and impose stricter penalties to serve as effective deterrents. Furthermore, emphasis should be placed on robust implementation, as merely enacting laws is insufficient for pollution control; effective enforcement is equally vital.