26 Water (Prevention and Control of Pollution) Act, 1974

Saleha Jamal

epgp books

    Structure

 

1.1 Introduction

 

1.2 International Efforts for Controlling Water Pollution

 

1.3 National Efforts for Controlling Water Pollution

 

1.4 Water (Prevention and Control of Pollution) Act – 1974

 

1.5 Objectives and Amendments in the Act

 

1.6 Functions of Central Pollution Control Board under the Act

 

1.7 Functions of State Pollution Control Boards under the Act

 

1.8 Conclusion

 

 

Objectives:

  • To understand different International and National efforts for Controlling Water Pollution
  • To confer familiar understanding aboutWater (Prevention and Control of Pollution) Act – 1974and its necessity
  • To discuss Objectives and Amendments in the Act
  •  To understand functions of Central and State Pollution Boards

 

1.1 Introduction

 

In the contemporary time everyone is familiar with the fact that pollution is a human problem because the phenomena of pollution is a very recent development in the planet’s history. Before the 19th century Industrial Revolution, people lived more in harmony with their immediate environment. As industrialization has spread around the globe, so the problem of pollution has spread with it. When Earth’s population was much smaller, no one believed pollution would ever present a serious problem. It was once popularly believed that the oceans were far too big to pollute. Today, with around 7 billion people on the planet, it has become apparent that there are limits. Pollution is one of the signs that humans have exceeded those limits. It is a well known fact that more than two third of earth’s surface is covered by water and less than a third is taken up by land. The population of the world is increasing day by day thus increasing the pressure on the existing planet’s water resources such as oceans, rivers and the other inland waters are being squeezed by human activities. Poorer water quality means water pollution. Water pollution may be defines as the mixing of contaminants or pollutants in to the water bodies (sea, lakes, rivers, oceans, groundwater, etc) through direct or indirect discharges causes environmental degradation and affects whole biosphere (human beings, animals, plants and organisms living in water). More specifically water pollution may be defined as when one or more substances have built up in water to such an extent that they cause problems for animal or people. The water pollution is all about quantities of pollutants for example if you poured a cup of black ink into a river, the ink would quickly disappear into the river’s much larger volume of clean water. The ink would still be there in the river, but in such a low concentration that you would not be able to see it. At such low levels, the chemicals in the ink probably would not present any real problem. However, if you poured gallons of ink into a river every few seconds through a pipe, the river would quickly turn black. The chemicals in the ink could very quickly have an effect on the quality of the water. This, in turn, could affect the health of all the plants, animals, and humans whose lives depend on the river. Water pollution almost always means that some damage has been done to an ocean, river, lake, or other water source. A 1969 United Nations report defined ocean pollution as “The introduction by man, directly or indirectly, of substances or energy into the marine environment (including estuaries) resulting in such deleterious effects as harm to living resources, hazards to human health, hindrance to marine activities, including fishing, impairment of quality for use of sea water and reduction of amenities”.

 

1.2 International EffortsforControlling Water Pollution

 

One of the biggest problems with water pollution is its trans-boundary nature. Many rivers cross countries, while seas span whole continents. Pollution discharged by factories in one country with poor environmental standards can cause problems in neighbouring nations, even when they have tougher laws and higher standards. Environmental laws can make it tougher for people to pollute, but to be really effective they have to operate across national and international borders. This is why we have international laws governing the oceans, such as:

 

–        the 1982 UN Convention on the Law of the Sea (signed by over 120 nations),

 

–        the 1972 London (Dumping) Convention,

 

–        the 1978 MARPOL International Convention for the Prevention of Pollution from Ships,

 

–        the 1998 OSPAR Convention for the Protection of the Marine Environment of the North East Atlantic.

 

–        the 1976 Bathing Water Directive (updated 2006),(by the European Union)

 

–        there is the 1972 Clean Water Act and the 1974 Safe Drinking Water Act. the United States)

 

 

1.3 National Efforts for Controlling Water Pollution

 

The main pollution with respect to water in the country and in the states takes place especially in rivers. The river pollution is the issue which needs immediate attention and concrete steps are needed to be taken by the Government. The two important source of pollution are untreated sewage and effluents from industries. Most of the cities are founded along rivers since historic times since access to water is important for drinking, household use and agriculture. Due to lower population few decades back rivers were able to cleanse themselves by self purification through dilution of waste. But today huge cities are pouring million of litres of untreated sewage which is far beyond the self purifying capacity of rivers. There continuous stretches of dead water (where dissolved oxygen is absent) in Ganga and Yamuna. Secondly many industrial units are discharging effluents without necessary treatment. These include tanneries of Kanpur, dying units, dairies to name some. India is already facing water stress wherein the availability is reduced to 1700 cubic meter per year.

Polluting the surface water sources is reducing the availability of water and creating more dependence on ground water which is already lowering at a greater rate. Again more affected is the vulnerable populace who are BPL and many live in slums along river bank. This reduces access to clean and cheap water source for drinking and daily use. They cannot afford to harness ground water. In the past Government has taken steps to address the issue by working on the control of pollution in river Ganga through Ganga Action Plan I and II. But nothing substantial has been achieved in spite of spending crores of rupees. The Present Government is trying the same through NamamiGange Programme. Still it is to come up with concrete road map on how it is going to achieve the target. The need is to scientifically create a roadmap on how to address the untreated domestic sewage and effluents from industrial units. This would require creating sensitivity among the people towards the issue and proceed with consensus of the stakeholders since the steps needed to be taken would affect the life and livelihoods of the people. Over the years many revisions have been made to the policy of water bodies, their management and regulation. Policies related to conservation of water bodies are as follows and discussed in brief:

 

Guidelines for repair, renovation and restoration of water bodies with external assistance and domestic support – Ministry of Water Resources (2009): These two documents by the Government of India, Ministry of Water Resources (MoWR) provide information and details on the ‘Repair, Renovation and Restoration (RRR) of Water Bodies’ scheme that has been launched by the Ministry under the state sector, one with domestic budgetary support and the other with external assistance. The documents go on to describe the details of the schemes and provide guidelines on the steps that need to be undertaken for planning and implementation of projects under this scheme.

 

Guidelines for the national lake conservation plan – Ministry of Environment and Forests (2008): This document by the Ministry of Environment and Forests (MoEF) provides information on the National Lake Conservation Plan (NLCP), launched by the Government of India, which aims at restoring the water quality and ecology of the lakes in different parts of the country. It includes information on the scheme and highlights the points that need to be considered while applying for the scheme.

 

National Water Mission – National Action Plan on Climate Change – Volume I and II – Ministry of Water Resources (2009 and 2008): This comprehensive mission document by the Ministry of Water Resources (MoWR) highlights the objective of the National Water Mission, which is to conserve water through minimising wastage and ensuring equitable distribution of water across and within states through integrated water resources development and management. The document is presented in two volumes.

 

Volume I is divided into six chapters and provides the details of the National Water Mission in the context of the threat of climatic change and its impact on reduction in the water resources in the country.

 

Volume II is divided into six chapters and includes background information on the type of water resources available in the country and the impact of climate change on the resources.

 

National Water Policy – Ministry of Water Resources (2002): This document by the Ministry of Water Resources (MoWR), highlights the importance of water for human existence as well as for all economic and development related activities. It addresses the problem of scarcity of water and the need to conserve this resource through optimal, economical, sustainable and equitable means. It presents a review and update of the National Water Policy in 1987 by making some additions and suggestions.The document emphasises the need for periodic modifications in the water policy. This is in terms of planning and management of water resources by taking into consideration the changes in economic, social, climatic, demographic situation of the country and the urgent need to conserve the available water resources.

 

1.4 Water (Prevention and Control of Pollution) Act – 1974

 

The government formulated this act in 1974 to prevent the pollution of water by industrial, agricultural and household wastewater that can contaminate our water sources. Wastewaters with high levels of pollutants that enter wetlands, rivers, lakes, wells as well as the sea are serious health hazards. Controlling the point sources by monitoring the levels of different pollutants is one way to prevent pollution, by punishing the polluter. Individuals can also do several things to reduce water pollution such as using biodegradable chemicals for household use, reducing the use of pesticides in gardens, and identifying polluting sources at work places and in industrial units where oil are or other petroleum products and heavy metals are used.

   

The Water (Prevention and Control of Pollution) Act, 1974 states:

 

“An act to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water, for the establishment, with a view to carrying out the purposes aforesaid, of Boards for the prevention and control of water pollution, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith”.

 

Water Prevention and Control of Pollution Act is an Act to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water for the establishment, with a view to carrying out the purposes aforesaid, of Boards for the prevention and control of water pollution, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith whereas it is expedient to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water, for the establishment, with a view to carrying out the purposes aforesaid, of Boards for the prevention and control of water pollution and for conferring on and assigning to such Boards powers and functions relating thereto; and whereas Parliament has no power to make laws for the States with respect to any of the matters aforesaid except as provided in articles 249 and 250 of the Constitution; AND WHEREAS in pursuance of clause (1) of article 252 of the Constitution resolutions have been passed by all the Houses of the Legislatures of the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal to the effect that the matters aforesaid should be regulated in those States by Parliament by law; Be it enacted by Parliament in the Twenty-fifth Year of the Republic of India. The Central Pollution Control Board, and State Pollution Control Boards composition, terms and conditions of service of members are defined in Sections 3-12 of water (prevention and control of pollution) act, 1974.The Board advises the government on any matter concerning the prevention and control of water pollution. It coordinates the activities and provides technical assistance and guidance. This policy sets the standards and penalties for non-compliance for polluting bodies.The Government has power to restrict any unit, and to take samples of effluents and get them analysed in Central or State laboratories. Whoever fails to comply with any provision of this Act is punishable with imprisonment, fine or with both.

   

1.5 Objectives and Amendments in the Act

  • The main objectives of the Water Act are:
  • To provide for prevention, control and abatement of water pollution The maintenance or restoration of the wholesomeness of water.
  • It is designed to assess pollution levels and punish polluters. The Central Government and State Government have set up PCBs to monitor water pollution.

 

Amendments strengthening the Water Act implementation provisions.

 

The Water Act, 1974 with certain amendments in 1978 is an extensive legislation with more than sixty sections for the prevention and control of water pollution.

 

The Act provides for constitution of central and State Boards for preventing water pollution, power to take water samples and their analysis, discharge of sewage or trade effluents, appeals, revision, minimum and maximum penalties, publication of names of offenders, offences by companies and Government departments, cognizance of offences, water laboratories, analysis etc.

 

Further amendment took place in the year 1988 which modified Section 49 to allow citizens to bring actions under the Water Act. Now a State Board must make relevant reports available to complaining citizens, unless the Board determines that the disclosures would harm ‘public interest’. Previously, the Act allowed courts to recognize only those actions brought by a Board, or with a previous written sanction of a Board.

 

The 1988 amendments have provided for more stringent penalties under Sec. 41, for failing to comply with a court order under Sec. 33 or a direction from the Board under Sec. 33A. The penalties range from a minimum imprisonment of three months to a maximum of seven years, and a fine from RS 1000 to RS 10000.

 

The Act extends the liability for violations committed by companies to certain corporate employees and officials and to heads of government departments (Sec. 47-48).

 

 

1.6 Functions of Central Pollution Control Board under the Act

 

The mandate of the Central Pollution Control Board is to set environmental standards in India, lay down ambient standards and coordinate the activities of State Pollution Control Boards. According to section 16 of the Water (Prevention and Control of Pollution) Act, 1974, the Central Board has been assigned to discharge the functions as follows:

 

a) Advice the Central Government: The Central Pollution Control Board can advise the Central Government on any matter concerning the prevention and control of water pollution.

 

b) Co-ordination with State Board: Central Pollution Control Board is to Co-ordinate the activities of the State Boards and resolve dispute among them.

 

c) Technical Assistance/Guidance to State Boards: Central Pollution Control Board is to provide technical assistance and guidance to the State Boards, carry out and sponsor investigations and research relating to problem of water pollution and prevention, control or abatement of water pollution.

 

d) Training Programme: Central Pollution Control Board is to plan and organize the training of persons engaged or to be engaged in programmes for the prevention, control or abatement of water pollution.

 

e) Organising Comprehensive Programme: Central Pollution Control Board is to organise through mass media a comprehensive programme regarding the prevention and control of water pollution.

 

f) Functions as State Board: By the Amending Act, 1988, the Central Board can perform such of the functions of any State Board as may be specified in an order made under section 18(2) of the Water (Prevention and Control of Pollution) Act, 1974 i.e., ‘power to give directions’ – every State Board shall be bound by such directions in writing as the Central Government or the State Government may give to it.

 

g) Publication of Statistical/Technical Data: Central Pollution Control Board is to Collect, compile and publish technical and statistical relating to water pollution and the measures devised for its effective prevention and control and prepare manuals, codes or guides relating to treatment and disposal of sewage and trade effluents and disseminate information connected therewith.

 

h) Laying down Standard for A Stream/Well: Central Pollution Control Board is to lay down, modify or annul, in consultation with the State Government concerned the standards for a stream or well.

 

i)  Execution of Programme at National Level: Central Pollution Control Board is to plan and cause to be executed by a nationwide programme for the prevention, control or abatement of water pollution.

 

 

1.7 Functions of State Pollution Control Boards under the Act

     In terms of section 17 of the Water (Prevention and Control of Pollution) Act, 1974, the State Board has to perform the following functions:

 

a) lanning Comprehensive Programme: The State Pollution Control Board is to plan a comprehensive programme for the prevention, control or abatement of pollution of streams and wells in the state and to secure the execution thereof.

 

b) Advisory Functions: The State Pollution Control Board is to advise the state government on any matter concerning the prevention, control or abatement of water pollution.

 

c) Dissemination of Information: The State Pollution Control Board is to collect and disseminate information relating to water pollution and the prevention, control or abatement thereof.

 

d) Investigation and Research: The State Pollution Control Board is to encourage, conduct and participate in investigation and research relating to problems of water pollution and prevention, control or abatement of water pollution.

 

e) Organising Training Programme: The State Pollution Control Board is to collaborate with the Central Board in organising the training of persons engaged in programmes relating to prevention, control or abatement of water pollution and to organise mass education programmes relating thereto.

 

f) Inspection of Sewage/Trade Effluents Plants: The State Pollution Control Board is to inspect sewage or trade effluents works and plants for the treatment of sewage and trade effluents, and to review plans, specifications or other data relating to plants setup for the treatment of water, works 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 the Water (Prevention and Control of Pollution) Act, 1974.

 

g) Lay down Standards for Causing Discharge of Water: The State Pollution Control Board is to lay down, modify or annul effluents standards for the sewage and trade effluents and for the quality of receiving waters resulting from the discharge of effluents and to classify water of the state.

 

h) Economical Methods of Treatment of Sewage: The State Pollution Control Board is to evolve economical and reliable methods of treatment of sewage and trade effluents, having regard to the peculiar conditions of soil, climate and water resources in different regions.

   i) Methods Regarding Utilization of Sewage: The State Pollution Control Board is to evolve methods of utilization of sewage and suitable trade effluents in agriculture.

 

j) Methods of Disposal of Sewage: The State Pollution Control Board is to evolve efficient methods of disposal of sewage and trade effluents on land, as are necessary on account of the predominant conditions of scant stream flows that do not provide for major part of the year, the minimum degree of dilution.

 

k) Laying Down Standards for Treatment of Sewage: The State Pollution Control Board is to lay down the 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 streams after the discharge of suit effluents.

 

l) Advisory Functions: The State Pollution Control Board is to advise the state government about the location of any industry the carrying out of which is likely to pollute a stream or well Besides the aforesaid statutory functions, the State Board is also to perform functions as may be prescribed from time to time, or may be entrusted to it by the Central Pollution Control Board or the State Government.

 

1.8 Conclusion

 

Man in his bid to conquer over the nature is committing many mistakes for which not only he but his coming generations will have to suffer. One of such mistake, which the man is committing, has been discussed at length. All the areas touching, ‘Protection of Environment in India’ have been gone through. The question still remains: Are we successful in our mission to save Our Environment from Pollution? The problem of Water Pollution assumes special significance in the world because it affects the well being of people and economic developments. For the prevention and control of Water Pollution, the Parliament enacted the Water Act, 1947. The Main objective of the Act is “To Prevent and control of Water Pollution and To Maintain or Restore Wholesomeness of Water.” No law, howsoever, perfectly or meticulously drafted can remain free from ambiguities or drawbacks; therefore, this Water Act is not an exception.

 

 

you can view video on Water (Prevention and Control of Pollution) Act, 1974

 

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