It is to be noted taht the Act covers both animal and plant.

Section 2. Definitions – In this Act, unless the context otherwise requires, –

Previous Topic: Introduction to Wildlife Protection Act

Next Topic: Hunting (Section 2(16))

Indian Legal System > Civil Laws > Environmental Laws > Wildlife Protection Act, 1972 > Definitions Under Wildlife Act (Section 2)

The post Definitions Under Wildlife Act (Section 2) appeared first on The Fact Factor.

Hunting and trapping have been enjoyed by human beings since ancient times. Proponents of hunting and trapping often argue that a subsidiary benefit of these activities is their reduction of wildlife damage. However, the efficacy of hunting and trapping to reduce wildlife damage has not been substantiated. Actually, it had damaged the environment and impacted the ecosystem. Hunting and trapping are used by state and federal wildlife agencies to manage wildlife populations according to objectives set by society.

Definition of Hunting Under the Act:

Sec. 2(16) of Wildlife Protection Act, 1972 defines the word hunting. The Section says that hunting”, with its grammatical variations and cognate expressions, includes,—

(a) killing or poisoning of any wild animal or captive animal and every attempt to do so;

(b) capturing, coursing, snaring, trapping, driving or baiting any wild or captive animal and every attempt to do so;

(c) injuring or destroying or taking any part of the body of any such animal or, in the case of wild birds or reptiles, damaging the eggs of such birds or reptiles, or disturbing the eggs or nests of such birds or reptiles;

The definition of hunting under the Wildlife Protection Act is quite comprehensive. It not only covers capturing, killing, poisoning, snaring and trapping of wild animals but also includes every attempt to do so. Further, hunting also includes ‘driving’ any wild animal for the above said purposes. Injuring or destroying or taking any part of the body of any such wild animal or in the case of a wild bird or reptile, damaging the egg of such birds or reptiles or even disturbing the eggs or nests of such birds or reptiles would also amount to hunting.

Scheduled Species:

The concept of scheduled animal’ was introduced in the 1986 vide Amendment Act, 1986. A scheduled animal is defined to include any animal listed in Schedule I and Part II of Schedule II whereas, a wild animal is listed in different schedules i.e. Schedule I, II, III, and IV in accordance with the degree of protection accorded to it. The scheduled animal has been accorded the highest protection. Trade in any such scheduled animal is completely banned.

Specified plants are those which are specified in schedule VI of the Wildlife Protection Act. Only six species of plant have been included in this schedule. Chapter IIIA prohibits willful picking, uprooting, damaging, destroying, acquiring or collecting any specified plant from any forest land or any area specified by notification by the Central Government.

Cases where Hunting of Wild Animals is permitted:

Hunting of wild animals is to be permitted in certain cases provided under section 11. Section 11 distinguishes between Schedule 1 and the rest of the animals listed in schedule II to IV in the following manner.

In case of schedule I animal, if the Chief Wildlife Warden of any state is satisfied that such animal has become dangerous to human life or is so disabled or diseased beyond recovery then he may, by order in writing and stating the reasons therefor, permit any person to hunt such animal or cause such animal to be hunted.

In case of a wild animal specified in Schedule II to IV, the Chief Wildlife Warden or an Authorised Officer may permit such hunting as stated above not only when such wild animal has become dangerous to human life but also when it becomes dangerous to property and such property may include standing crops on any land.

The above distinction clearly shows that even when a Schedule I animal becomes dangerous to property then it cannot be hunted. Secondly, in case of Schedule I animal, only the Chief Wildlife Warden has empowered to grant the permission to any person to hunt such animal. Provided that no wild animal shall be killed if it can be captured, tranquilized or translocated according to Chief Wildlife Warden’s satisfaction. Such animal shall not be kept in captivity if it can be rehabilitated in wild. Any person may be permitted to hunt such animal in a specified area. Another exception where hunting of wild animal may be permitted is in case of killing or wounding of any wild animal in good faith in defence of one-self or of any other person and such animal shall be Government property.

Grant of Permit for Special Purposes:

The permit for hunting shall also be granted by the Chief Wildlife Warden in special purposes on payment of a prescribed fee. The purpose may be education, scientific research, and scientific management (translocation of any wild animal to an alternative suitable habitat; or population management of wildlife, without killing or poisoning or destroying any wild animals), collection of specimens (for recognized zoos subject to the permission under section 38-1 or for museums and similar institutions), derivation, collection or preparation of snake venom for the manufacture of life-saving drugs. These permits shall not be granted without the prior permission of the Central Government (Schedule I) and State Government (Schedule II-IV).  

Prohibition of Hunting:

Any person who hunts any wild animal shall be punishable with imprisonment for a term which may extend to 3 years or with fine which may extend to Rs. 25000/- or with both. However, if any person commits the offence in the sanctuary or national park, with respect any animal specified in Schedule I, he shall be punishable with imprisonment which shall not be less than 1 year but may extend to 6 years and also with fine which shall not be less than 5000/-.

Indian Legal System > Civil Laws > Environmental Laws > Wildlife Protection Act, 1972 > Hunting Defined (Section 2(16))

The post Hunting appeared first on The Fact Factor.

In this article, we shall study the objectives and features of the Wildlife Protection Act, 1972.

Constitutional Provisions:

Article 48-A of the Constitution says that the State shall endeavour to protect and improve the environment and to safeguard the forest and wildlife of the country. Thus the Constitution advises (directive principle) the State to develop a mechanism and formulate Acts for the protection of wildlife. Article 51A (g) imposes a fundamental duty on every citizen of India to protect and improve the environment and have compassion for living creatures.

Need of the Wild Life Protection Act :

Wild Life, which is a part and parcel of the environment, constitutes the wealth of the nation. it included wild animals, birds, plants, etc. However, man, in the process of progress and development and also for his selfish ends, is causing much damage to the forests and wildlife. The Wildlife Protection Act, 1972, provides for protection to listed species of flora and fauna and establishes a network of ecologically-important protected areas. The Act consists of 60 Sections and VI Schedules- divided into Eight Chapters. The Wildlife Protection Act, 1972 empowers the central and state governments to declare any area a wildlife sanctuary, national park or closed area. It provides for authorities to administer and implement the Act; regulate the hunting of wild animals; protect specified plants, sanctuaries, national parks, and closed areas; restrict trade or commerce in wild animals or animal articles; and miscellaneous matters. The Act prohibits hunting of animals except with permission of authorized officer when an animal has become dangerous to human life or property or as disabled or diseased as to be beyond recovery.

Objectives of the Wild Life Protection Act:

• To prohibit hunting of wild animals; birds, etc. and impose punishment for violating the same. The schedules give absolute protection to certain species and these cannot be infringed on any account. 
• To provide security to animals that are not in danger of becoming extinct.
• To delineate animals that can be hunted like ducks and deer’s. For this purpose the hunter has to apply for a license to the District Forest Officer who will allow a hunter to shoot during a specific season and restricted area. Any infringement can lead to cancellation of the hunting license.
• To help cultivation and plant life and gives teeth to setting up more protected animal parks.
• To give sweeping powers to law enforcement authorities to punish anybody guilty under the Act.
• To empower the Central Govt. and State Govt. to declare certain areas as Sanctuaries or National Parks.

Salient Features of the Wild Life Protection Act:

• It defines wildlife-related terminology.
• It provides for the appointment of wildlife advisory Board, Wildlife Warden, their powers, duties, etc.
• It helped in becoming a party to the Convention of International Trade in Endangered Species of Fauna and Flora (CITES, 1976).
• It supported launching a “national component of UNESCO’s ‘Man and Biosphere Programme’ (1971).
• The Act made a comprehensive list of endangered wildlife species for the first time and prohibition of hunting of the endangered species was mentioned.
• It also provides for the protection of some endangered plants.
• It provides for setting up of National Parks, Wildlife Sanctuaries, etc.
• It provides for the constitution of Central Zoo Authority.
• It provides for trade and commerce in some wildlife species with a license for sale, possession, transfer, etc.
• It imposes a ban on the trade or commerce in scheduled animals.
• It provides for legal powers to officers and punishment to offenders.
• Very mild penalty and punishment are provided for an offender under the Act.
• The Act contains 66 Sections divided into seven chapters and six schedules.

Chapters:

• Chapter- I (Sections 1 and 2 ) contains short title and definitions.
• Chapter – II deals with Authorities under the Act.
• Chapter – III deals with the hunting of wild animals
• Chapter – III A deals with the protection of Specified Plants.
• Chapter – IV provides for declaration of sanctuaries, National Parks and Closed Areas.
• Chapter – IV-A deals with the Central Zoo Authority and Recognition of Zoos.
• Chapter- V deals with Trade or Commerce in Wild Animals, Animal Articles and Trophies.
• Chapter – V- A deals with the prohibition of Trade or Commerce in Trophies, Animal Articles, etc.
• Chapter- VI relates to Prevention and Detection of offences
• Chapter VI – A deals with Forfeiture of property derived from illegal hunting and trade
• Chapter- VII contains Miscellaneous Provisions.

Schedules:

• Schedule I: List of wild animals those can be hunted only if the threat to human life or disabled or diseased; trade prohibited.  This schedule is for endangered species, that deserve rigorous protection and the breach of these rules results in serious punishment. A famous case where this was applied was when Salman Khan was sentenced to 5 years in prison for hunting a blackbuck.
• Schedule II: List of wild animals those can  be hunted only if the threat to human life or disabled or diseased; trade prohibited
• Schedule III and Schedule IV: List of those animals not in danger of becoming extinct; hunting invokes penalties. This Schedule is for species that are not endangered, but the protection and punishments are equally rigorous.
• Schedule V: List of animals declared as vermin. Only four species of wild animals i.e. common crow, fruit bats, mice, and rats are permitted to be hunted. This Schedule delineates the animal species that can be hunted, like deer or ducks, and the rules pertaining to their hunting.
• Schedule VI: Specified plants; trade, possession, etc. regulated by chapter III. This Schedule covers the protection and trade of medicinal plants as well as agricultural species of plants.

Extent and Applicability (Section 1):

Wildlife (Protection) Act, 1972 has been accepted and adopted by all the states. This is the first comprehensive legislation relating to the protection of wildlife was passed by the Parliament and it was assented by the President on 9th September 1972 and came to be known as The Wild Life (Protection) Act, 1972 (53 of 1972).

When this Act was passed the wildlife protection subject was in State List and states were empowered to make law on it. The Parliament passed this Act using provisions in Article 252 of the Constitution.

Previous Topic: Importance of Wildlife

Next Topic: Definitions Under the Wildlife Act

Indian Legal System > Civil Laws > Environmental Laws > Wildlife Protection Act, 1972 > Objectives and Features of Wildlife Protection Act, 1972

The post Objectives and Features of Wildlife Protection Act, 1972 appeared first on The Fact Factor.

Traditionally wildlife refers to undomesticated animal species but has come to include all organisms that grow or live wild in an area without being introduced by humans Wildlife can be found in all ecosystems. Deserts, forests, rain forests, plains, grasslands and other areas including the most developed urban areas, all have distinct forms of wildlife.

The Section 2(37) of the Act defines wildlife as wildlife includes any animal, bees butterflies, crustacean, fish and moths; and aquatic or land vegetation which forms part of any habitat. So the meaning of the wildlife in this Act is very wide and inclusive of all kinds of flora and fauna.

Need of Wild Life Protection:

For a Healthy Eco-system:

The eco-system is relationships between different organisms connected through food webs and food chains. All of the Earth’s plants and animals rely on ecosystems to provide food and habitat.  Even if a single wildlife species gets extinct from the eco-system, the whole food chain gets disturbed leading to disastrous results. Thus, saving wildlife plays a great role in ensuring a check on the ecological balance thereby, maintaining a healthy eco-system.

For example, a deer living in the meadow ecosystem needs water to drink, vegetation to eat and shrubs and bracken to hide in. If the deer population increases too much for their will be a load on the current ecosystem to provide these things to the extra deer population. Thus these resources will get exhausted and ultimately deer will die of starvation.

For Their Medicinal Values:

A huge number of plants and animal species are used to benefit humans in one way or the other. Many of the medicines such as aspirin, penicillin, quinine, morphine, and vincristine have been derived from uncultivated plants. If we talk about the ancient medicinal system of Ayurveda, it has also been using extracts and juices from various plants and herbs to cure problems like blood pressure, diabetes and many other neurological problems since ages.
A huge number of plants and animal species are used to benefit humans in one way or the other. In the ancient medicinal system of Ayurveda has been using extracts and juices from various plants and herbs to cure problems like blood pressure, diabetes and many other neurological problems since ages.
It’s not only the plants which are useful, but many of the extracts from animal species are also rich in nutrients and anti-oxidants. For instance, the oil from the lever of Codfish is rich in Omega 3 and Omega 6 anti-oxidants that help fight aging, chemicals derived from shrimps and lobsters are used in treating fungal infections, the venom of Cobra is used as a cure for leprosy and the list does not end here. Today, various species of animals are also being studied and researched to find cures to deadly diseases like cancers, Alzheimer’s and Parkinson’s. If wildlife is not preserved today, there would soon be a time when the human race would also be in great danger.

For Agriculture and Farming:

Human population largely depends on agricultural crops and plants for its food needs. The fruits and vegetables are a result of a process called pollination. In pollination, the pollen grains from androecium (male reproductive organ) of the flower are transferred to the gynoecium (female reproductive organ) of the flower. The result of pollination is fertilization and ultimately production of seeds. The birds, bees, and insects play an important role as pollinating agents. Besides pollination, many birds also play an important role in controlling pests by feeding on them.
Wildlife also plays a significant role in keeping the environment clean and healthy. Many micro-organisms, bacteria, slime molds, fungi, and earthworms feed on plant and animal wastes, and dead organisms, decomposing them and releasing their chemicals back into the soil. Thus the loss of nutrients in the soil is replenished. The birds like eagles and vultures act like scavengers and help to remove the carcasses and dead bodies of animals thereby, keeping the environment clean.

For Preserving Rich Bio-diversity:

Scientists and researchers are aggressively working these days to preserve plants and animals through ‘Gene Banks’. These gene banks are a storehouse of cells and tissues of scores of wildlife species and have a very important role in agriculture and farming. During the epidemic, climate change and calamities many species are lost. Using the cells preserved in the Gene Banks the original plant varieties and animal breeds be re-generated. Similarly, new varieties and breeds with improved genetic traits are developed. The methods of biotechnology and genetic engineering are beneficial in the dairy industry with improved genetic species yielding more milk, showcasing better health and fertility.

For Economic Value and Livelihood of Individuals:

Wildlife also plays an important role in improving the economy of the country. Tourists from all across the globe come to see endemic and rare species at wildlife reserves and forests. They are a source of foreign exchange and a source of livelihood of the local population. Other activities include bird watching, trekking, fishing, river rafting, etc. For many, people living in or near the forest, wildlife is the source of income and provides them with their daily bread and butter.

For socio-cultural value:

Wildlife also has an important role to play in different cultures. Many animal and plant species actually represent the cultural backbone of the community. Certain animals are even associated with particular gods and goddesses and are often symbolic of a deity’s power.

Next Topic: Objectives and Features of Wildlife Act

Indian Legal System > Civil Laws > Environmental Laws > Wildlife Protection Act, 1972 > Importance of Wildlife

The post Importance of Wildlife appeared first on The Fact Factor.

The problem arises when greenhouse gas levels get too high because of human activities, trapping too much of the sun’s energy as heat and upset the natural systems that regulate our climate. Things keep getting hotter and hotter and we start seeing more and more extreme weather and other impacts.

Industrial compounds known as chlorofluorocarbons (CFCs) are mainly responsible for greenhouse effect.

The greenhouse effect refers to the phenomenon by which the earth’s atmosphere traps infrared radiation or heat. Gases that causes the greenhouse effect are for the most part natural compounds—water vapour, CO2, methane and nitrous oxide that keep the earth habitable. But human activity is increasing the concentration of these and other gases, for example, the industrial compounds known as chlorofluorocarbons(CFCs). The trend, if continues, is expected by atmospheric scientists to lead to global climate change with uncertain but potentially grave long-term effects.

Greenhouse Gases:

Carbon dioxide (CO2):

Carbon dioxide enters the atmosphere through burning fossil fuels (coal, natural gas, and oil), solid waste, trees and other biological materials. It is certain chemical reactions (e.g., manufacture of cement). Carbon dioxide is removed from the atmosphere by plants as part of the biological carbon cycle during photosynthesis.

Methane (CH4):

Methane is emitted during the production and transport of coal, natural gas, and oil. Methane emissions also result from livestock and other agricultural practices and by the decay of organic waste in municipal solid waste landfills.

Nitrous oxide (N2O):

Nitrous oxide is emitted during agricultural and industrial activities, combustion of fossil fuels and solid waste, as well as during treatment of wastewater.

Fluorinated gases:

Hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and nitrogen trifluoride are synthetic, powerful greenhouse gases that are emitted from a variety of industrial processes. These gases are typically emitted in smaller quantities, but because they are potent greenhouse gases, they are sometimes referred to as High Global Warming Potential gases (“High GWP gases”).

Each of these gases can remain in the atmosphere for different amounts of time, ranging from a few years to thousands of years. .

Greenhouse effect is main cause of global warming.

The post Greenhouse Effect appeared first on The Fact Factor.

Central Water Laboratory:

Central water laboratory can be established under Section 51 of the Water Act. The Central Government may, by notification in the Official Gazette,  can establish a Central Water Laboratory; or specify any laboratory or institute as a Central Water Laboratory, to carry out the functions entrusted to the Central Water Laboratory under this Act.

The Central Government may, after consultation with the Central Board, make rules prescribing – the functions of the Central Water Laboratory; the procedure for the submission to the said laboratory of samples of water or of sewage or trade effluent for analysis or tests, the form of the laboratory’s report thereon and the fees payable in respect of such report; and such other matters as may be necessary expedient to enable that laboratory to carry out its functioning.

Collection of Sample:

Chapter V of the Act, consisting of Sections 19 to Sections 33-A, provides for ‘the prevention and control of water pollution. Section 19 empowers the State Government to restrict the application of the Act to a certain area(s) after consultation with or on the recommendation of the State Board. The provisions of the Act shall apply, in such situation, to such declared area(s) only. The State Government may alter any such area whether by way of extension or reduction under Article 19(3).

Any person empowered by a State Board has a right to enter any place for the purpose of performing any of the functions of the Board entrusted to him and for the purpose of examining any plant, record, register, document or any other material object. The person may conduct a search of any place in which he has reason to believe that an offence under the Water Act has been or is being or is about to be committed. He may seize such plant, record, register, document or other material objects if it furnishes evidence of the commission of an offence punishable under the Act.

The State Board or its officer can take sample for analysis from any stream or well or samples of any sewage or trade effluent which is passing from any plant or vessel or from or over any place into any stream or well. Such sample however, is admissible in evidence in any legal proceeding only if the procedure provided in subsections (3), (4) and (5) of section 21 are complied with.

The processor requires-

1. a prior notice to the occupier, indicating intention to take sample;
2. in the presence of the occupier or his agent, division of the sample into two parts;
3. each sample be placed in a container, marked, sealed and signed by both, the person taking the sample and the occupier or his agent;
4. one of the samples be sent forthwith to the laboratory established or recognized under section 16 or 17, as the case may be.
5. on the request of the occupier, the second part of the sample be sent to the laboratory established or specified under sections 51 ( 1) or 52( 1) as the case may be.

In case the occupier wilfully absents himself during the process of taking the sample, the person who has taken the sample is required to inform the Government analyst in writing about the wilful absence of the occupier or his agent (Section 22).

The sample so collected and sent is required to be analysed by the central, state or any recognised laboratory and the report has to be sent to the Board and occupier or his agent. Such report can be produced before a court of law in a legal proceeding if required (Section 23).

A major amendment in the Act was done in 1988 by virtue of which the Act now prohibits a person to establish any industry, operation or process or any treatment and disposal system or any extension or addition thereto, without the previous consent of the State Board, if it is likely to discharge sewage or trade effluent. Similarly a person cannot, without the previous consent of the State Board, bring into use any new or altered outlet for the discharge of sewage or begin to make any new discharge of sewage.

Penalties:

Failure to comply with directions given under section 20(2) or (3) by the State Board.

Imprisonment for a term which may extend to three months or fine up to Rs. 1 0,000 or both.

In case the failure continues, an additional fine up to Rs. 5000 for every day during which such failure continues. (Section 41(1))

Non- compliance with any order issued under section 32(1) (e) by State Board or any direction issued by a Court under section 33(2) of the Act or any direction issued under section 33A by .the Board.

Imprisonment for a term, not less than one year and six months but which may extend to six years with fine. In case failure continues, with additional fine up to Rs. 5000 for every day during which such failure continues. If the failure continues beyond a period of one year after first conviction, imprisonment for a term not less than two years which may be extended to seven years and fine. (Section 41(2)).

Certain acts, mentioned under section 42(i)(a)-(g):

Imprisonment for a term which may extend to three months or fine up to Rs.10,000 or both. (Section 42(1)).

Wilful alteration of the monitoring device.

Imprisonment up to three months or fine up to Rs. 1,000 or both. (Section 42(2)).

Contravention of provisions of sections 24 of the Act:

Imprisonment for a term not less than one year and six months but which may extend to six years and fine. (Section 43).

Contravention of section 25 or section 26 of the Act:

Imprisonment for a term not less than one year and six months but which may extend to six years and fine. (Section 44).

If any person who has been convicted of any offence under sections 24, 25 or 26 is again found guilty of an offence involving a contravention of the same provision, on the second and on every subsequent conviction, is punishable with imprisonment for a term not less than two years but which may extend to seven year and fine. (Section 45).

Contravention of any provision of Water Act or non-compliance with any order or direction given under the Act, for which no penalty has been elsewhere provided in the Act:

Imprisonment which may extend to three months or fine which may extend to ten thousand rupees or both, and in the case of a continuing contravention or failure, an additional fine which may extend to five thousand rupees for every day during which such contravention or failure continues after conviction for the first such contravention or failure. (Section 45 A).

Other Measures:

The Act provides along with penalty another deterrent measures for the habitual offender i.e., the publication of the offender’s name, place of residence, the offence and penalty imposed, at the offender’s expense in newspapers or in any other manner as the court may direct. (Section 46).

When an offence under the Water Act has been committed by any Department of Government, the Head of the Department is deemed to be guilty of the offence and is liable to be punished. But 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, he can be absolved of his liability. (Section 48)

Section 47 of the Water (Prevention and Control of Pollution) Act, 1974 incorporates the principle of vicarious liability. This section provides that where an offence against this act has been committed by a company, every person who, at the time when 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.

In U.P. Pollution Control Board v. Mohan Meakins Ltd., (2000) 3 SCC 745 case, Uttar Pradesh Pollution Control Board initiated proceedings against the manager and director of liquor processing company for discharging pollutants into river Gomati and raising pollution level in the same. The Supreme Court held that action against the manager and director of the company was rightly initiated under the water act. It was further held that Courts could not afford to deal lightly with cases involving water pollution.

Relevance of Section 24:

To promote the proper implementation of the Act, Section 24 of the Act imposes a duty upon a person to refrain from allowing any poisonous or noxious matter, as determined by the standards laid down by the Central Pollution Control Board, into any stream or sewer or on the land. Another duty imposed by this Act upon the person is that no person shall, knowingly enter into any stream in a manner so as to impede the flow of water or in any other way causes pollution of water. According to this Section, any person who violates or contravenes with the provision of this Section shall be made liable to be punished with imprisonment of one year and six months which may extend up to six years.

However, it is also provided that a person shall not be guilty of the above offences by reason only having done any of the following acts, namely

(a) constructing, improving or maintaining in or across or on the bank or bed of any stream any building, bridge, weir, dam, sluice, dock, pier, drain or sewer or other permanent works which he has a right to construct, improve or maintain;

(b) depositing any materials on the bank or in the bed of any stream for the purpose of reclaiming land or for supporting, repairing or protecting the bank or bed of such stream provided such materials are not capable of polluting such stream;

(c) putting into any stream any sand or gravel or other natural deposit which has flowed from or been deposited by the current of such stream;

(d) causing or permitting, with the consent of the State Board, the deposit accumulated in a well, pond or reservoir to enter into any stream.

Appeals:

The Act provides for the provision of appeal for any person aggrieved by an order of the State Board under Section 28 of the Act. The aggrieved person may prefer an appeal within 30 days to the appellate authority constituted by the State Government. The appellate authority can, after giving an opportunity of hearing to the appellant and the State Board, dispose off the appeal expeditiously. While doing so the authority can – (a) annul any condition; (b) substitute any condition; (c) continue the condition without change; or (d) reasonably change the condition.

In A.P. Pollution Control Board v. Prof M V. Nayudu, AIR 1999 SC 812 case, the Supreme Court has suggested amendment in section 28 of the Water Act in view of difficulty, which might be faced by the Appellate authority in deciding complex environmental issues. Jagannadha Rao, J. has emphasized this immediate need in the following words – There is also an immediate need that in all the States and Union Territories, the appellate authorities under section 28 of the Water· (Prevention and Control of Pollution) Act, 1974 and section 31 of the Air (Prevention and Control of Pollution) Act, 1981 or’ other rules there is always a Judge of the High Court, sitting or retired, and a scientist or a group of scientists of high ranking and experience, to help in the adjudication of disputes relating to the environment and pollution. An amendment to existing notifications under these Acts can be made for the present. “

Cognizance of offences:

According to Section 49, no court shall take cognizance of any offence under this Act except on a complaint made by (a) a Board or any officer authorized in this behalf by it; or (b) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Board or officer authorized as aforesaid, and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.

Protection of action taken in good faith:

Article 59 provides that no suit or other legal proceedings shall lie against the Government or any officer of Government or any member or officer of a Board in respect of anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder.

Indian Legal System > Civil Laws > Environmental Laws > The Water (Prevention and Control of Pollution) Act, 1974 > A Mechanism for Control of Water Pollution

The post A Mechanism for Control of Water Pollution appeared first on The Fact Factor.

The Water Act establishes the Central and State Pollution Control Board for the prevention and control of water pollution.

Composition of Central Pollution Board:

Section 3 of the Act provides that the Central Government shall appoint and constitute a Central Pollution Control Board to perform the functions assigned under the Act. The Central Board shall consist of the following members nominated or appointed by the Central Government –

1. a full-time Chairman, being a person having special knowledge or practical experience in respect of matters relating to environmental protection or a person having knowledge and experience in administering institutions dealing with the matters aforesaid;
2. officials, not exceeding five, to represent the Central Government;
3. persons, not exceeding five from amongst the members of the State Boards;
4. non-officials, not exceeding three, to represent the interests of agriculture, fishery or industry or trade, or any other interest, which, in the opinion of the Central Government, ought to be represented;
5. two persons to represent the companies or corporations owned, controlled or managed by the Central Government;
6. a full-time member-secretary, possessing qualifications, knowledge, and experience of scientific, engineering or management aspects of pollution control.
7. The Central Pollution Control Board is a body corporate having perpetual succession with power to acquire, hold and dispose off the property and to contract, and may sue or be sued.

Composition of State Pollution Control Board:

Section 4 of the Water Act empowers the State Governments to appoint and constitute a State Pollution Control Board in their respective States to perform the functions assigned under the Act. A state Board shall consist of the following members, nominated or appointed by the State Government

1. a chairman, either whole-time or part-time as the state government may think fit, being a person having special knowledge or practical experience in respect of matters relating to environmental protection or a person having knowledge and experience in administering institutions dealing with the matters aforesaid;
2. Officials, not exceeding five, to represent the state government;
3. persons, not exceeding five, from amongst the members of the local authorities functioning within the state;
4. non-officials, not exceeding three, to represent the interests of agriculture, fishery or industry or trade or any other interest, which, in the opinion of the state government, ought to be represented;
5. two persons to represent the companies or corporations owned, controlled or managed by the state government;
6. a full-time member-secretary, possessing qualifications, knowledge, and experience of scientific, engineering or management aspects of pollution control.
7. Every State Pollution Control Board, like the Central Pollution Control Board is a body corporate having perpetual succession. It can acquire, hold and dispose of property, enter into a contract and can also sue or be sued in its name.

Joint Pollution Control Board:

Beside Central and State Pollution Control Board the Act also provides for the ‘Joint Board’. As per section 13 of the Act, an agreement to this effect may be entered into-.

1. by two or more Governments of contiguous states, or
2. by the Central Government (in respect of one or more Union territories) and one or more Governments of States contiguous to such union territory or union territories. Such agreement is to remain in force for such period as may be specified in the agreement which provides for the constitution of a Joint Board.

Composition of Joint Boards.

A Joint Board constituted in pursuance of an agreement entered into under clause (a) of sub-section (1) of section 13 shall consist of the following members, namely:-

1. a full-time chairman, being a person having special knowledge or practical experience in respect of matters relating to environmental protection or a person having knowledge and experience in administering institutions dealing with matters aforesaid, to be nominated by the Central Government;
2. two officials from each of the participating States to be nominated by the concerned participating State Government to represent that Government;
3. one person to be nominated by each of the participating State Governments from amongst the members of the local authorities functioning within the State concerned;
4. one non-official to be nominated by each of the participating State Governments to represent the interests of agriculture, fishery or industry or trade in the State concerned or any other interest which, in the opinion of the participating State Government, is to be represented;
5. two persons to be nominated by the Central Government to represent the companies or corporations owned, controlled or managed by the participating State Governments;
6. a full-time member-secretary, possessing qualifications, knowledge, and experience if scientific, engineering or management aspects of pollution control, to be appointed by the Central Government.

A Joint Board constituted in pursuance of an agreement entered into under clause (b) of sub-section (1) of section 13 shall consist of the following members, namely:-

1. a full-time chairman, being a person having special knowledge or practical experience in respect of matters relating to environmental protection or a person having knowledge and experience in administering institutions dealing with the matters aforesaid, to be nominated by the Central Government;
2. two officials to be nominated by the Central Government from the participating Union territory or each of the participating Union territories, as the case may be, and two officials to be nominated, from the participating State or each of the participating States, as the case may be, by the concerned participating State Government;
3. one person to be nominated by the Central Government from amongst the members of the local authorities functioning within the participating Union territory or each of the participating Union territories, as the case may be, and one person to be nominated, from amongst the members of the local authorities functioning within the participating State or each of the participating States, as the case may be, by the concerned participating State Government;
4. one non-official to be nominated by the Central Government and one person to be nominated by the participating State Government or State Governments to represent the interests of agriculture, fishery or industry or trade in the Union territory or in each of the Union territories or the State or in each of the States, as the case may be, or any other interest which in the opinion of the Central Government or, as the case may be, of the State Government is to be represented;
5. two persons to be nominated by the Central Government to represent the companies or corporations owned, controlled or managed by the Central Government and situate in the participating Union territory or territories and two persons to be nominated by the Central Government to represent the companies or corporations owned, controlled or managed by the participating State Governments;
6. a full-time member-secretary, possessing qualifications, knowledge, and experience of scientific, engineering or management aspects of pollution control, to be appointed by the Central Government.

Tenure and Disqualification of Member of Pollution Board:

A member of a Board, other than a member-secretary, shall hold office for a period of three years from the date of his nomination. He can continue, even after expiry of his term, till the new members enter upon his office. The Central Government or the State Government, as the case may be, may if it thinks fit, remove any member from their respective Boards before the expiry of his term of office, after giving him a reasonable opportunity to represent himself. A member of a Board, other than the member-secretary, may at any time resign his office or if a member absents himself from three consecutive meetings of the Board, his seat would automatically fall vacant.

Under Section 50 of the Act, all members, officers and servants of a Board when acting or purporting to act in pursuance of any of the provisions of the Act and the Rules made there under shall be deemed to be “public servants” within the meaning of section 21 of the Indian Penal Code.

Previous Topic: Introduction to water Act

Next Topic: Functions and Powers of Central Pollution Board

Indian Legal System > Civil Laws > Environmental Laws > The Water (Prevention and Control of Pollution) Act, 1974 > Composition of Pollution Control Board

The post Composition of Pollution Control Board appeared first on The Fact Factor.

In this article, we shall study the powers of State Pollution Control Board.

Power to Obtain Information (Section 20):

For the purposes of enabling the State Pollution Control Board to perform the functions prescribed by the Water (Prevention and Control of Pollution) Act, 1974, it may survey any area and keep records of the flow and volume and other characteristics of a stream or well. The State Pollution Control Board is empowered to give directions requiring any person who is abstracting water from any such stream or well or is discharging sewage or trade effluent into any such stream or well, to give such information as to the abstraction or the discharge in the form prescribed. The state pollution control board is also empowered to give directions to any person in charge of any establishment where any industry, operation or process, or treatment and disposal system is carried out, to furnish all information regarding the construction, installation or operation of such establishment or of any disposal system or of any extension or addition thereto in such establishment.

Power to Take Samples of Effluents for Analysis (Section 21):

The State Pollution Control Board or any officer authorized by the State Pollution Control Board shall have the power to take samples of water from any stream or well or samples of any sewage or trade effluent, for the purpose of analysis.

In Delhi Bottling Co. Pvt. Ltd. v. Central Board for the Prevention and Control of Water Pollution, AIR 1986 Delhi 152 case, a sample of trade effluent was taken by the board from bottling company’s discharge stream and after the analysis was found not confirming the requirements of the consent order granted to the company. The board filed a suit under the Water (Prevention and Control of Pollution) Act, 1974 and accordingly an injunction was issued by the court requiring the company to establish a treatment plant which the bottling company challenged. The Court held that the sample was not taken in strict compliance with the procedure as under Section 21 of the Water (Prevention and Control of Pollution) Act, 1974 and this evidence cannot be regarded as admissible.

In Abdul Hamid v. Gwalior Rayon Co. 1989 CrLJ 2013 M.P.  case, the Court pointed out that Section 21 of the Water (Prevention and Control of Pollution) Act, 1974 is meant for protection of the industries and industrialists ensuring a proper balance between the hazards to the citizens and conflicting claims of the nation’s industrial progress.

Power of Entry and Inspection (Section 23):

Section 23 of the Water (Prevention and Control of Pollution) Act, 1974 confers the power of entry and inspection on the State Pollution Control Boards. This Section provides that any person empowered by the State Board in this behalf shall have a right to enter, at any time and with such assistance as he considers necessary, any place for the following purposes: (a) For performing any of the functions of the State Board entrusted to him;

(b) For determining whether and if so in what manner (i) any such functions are to be performed, or (ii) whether provisions of this Act or rules made thereunder, or (iii) any notice, order, direction or authorization, served, made, given or granted under this Act is being or has been complied with;

(c) For examining any plant, record, register, document or any other material object;

(d) For conducting a search of any place in which he has reasons to believe that an offence under this Act or the rules made thereunder has been or is being or is about to be committed; and

(e) for seizing any such plant, record, register, document or other material object, if he has reasons to believe that it may furnish any evidence for the commission of offence punishable under this Act for the rules made thereunder.

Power to Impose Restrictions on New Outlets and New Discharges (Section 25):

Section 25 provides that no person shall without the previous consent of the State Pollution Control Board :

(a) Establish or take any steps to establish any (i) industry, (ii) operation or process, (iii) any treatment and disposal system, or (iv) any extension or addition thereto, which is likely to discharge sewage or trade effluent into a stream or well, sewer or on land; or

(b) Bring into use any new or altered outlet for the discharge of sewage, or

(c) Begin to make any new discharge of sewage.

In M.C.Mehta v. Union of India, AIR 1988 SC 1037, the Court held that the financial capacity of the tanneries is not a relevant consideration while requiring them to set up primary treatment plants. A tannery which cannot set up a primary treatment plant cannot be granted consent by the State Pollution Control Board to continue its existence.

In Narula Dying and Printing Works v. Union of India, AIR 1995 Guj 185 case, the Court held that a consent order made under section 25 (2) of the Water (Prevention and Control of Pollution) Act, 1974 by the State Pollution Control Board does not entitle the industrial unit to discharge trade effluents into stream and it is obligatory for the unit to comply with the conditions mentioned in the consent order and put up effluent treatment plants with the time specified in the consent order.

In Mahavir Soap and Godakhu Factory v. Union of India, AIR 1995 Orissa 218 case, the State Pollution Control Board refused the consent to the continuation of the factory in a thickly populated area on the public complaint. The Court held that it was a genuine reason for the refusal to grant consent and the Court had no reason to substitute its opinion in place of State Pollution Control Board’s decision.

In T.N. Godaverman Tirumalpad v. Union of India (2006) 5 SCC 47 case, the Court held that where there are various sources of pollution, they may be regulated by the State Pollution Control Board step by step and it was not for the Court to direct the government as to which step should be regulated first and so on.

In Andhra Pradesh Pollution Control Board v. M.V. Nayudu, (2001) 2 SCC 62 case, the Court made it clear that prohibition under section 25 of the Water (Prevention and Control of Pollution) Act, 1974 extends even to newly opening industries which are in the process of being set up. Therefore, permission from the State Pollution Control Board must be sought when steps are being taken to establish an industry.

Power to refuse or withdraw consent for establishment of any industry etc., (Section 27):

The State Pollution Control Board shall not grant its consent for the establishment of any industry, operation or process, etc. is to establish as to comply with all the conditions imposed by the Board. The State Pollution Control Board may from time to time review any condition and may require the person to whom the consent is granted to make a reasonable variation of such condition or the State Pollution Control Board may revoke any such condition.

In Narula Dying and Printing Works v. Union of India, AIR 1995 Guj 185 case, the Court held that obtaining a consent order from the State Pollution Control Board does not mean that the industry is entitled to discharge trade effluent into the stream. It is incumbent upon the industry to comply with all the conditions prescribed in the Consent order within the stipulated time limit failure to fulfill the conditions will result in the lapse of the consent.

In Mahavir Soap and Godakhu Factory v. Union of India, AIR 1995 Orissa 218 case, the State Pollution Control Board refused the consent to the continuation of industry on the ground that factory is located in the populated area and there was a public complain. It was held that the reasons cited by the State Pollution Control Board are in conformity with the object of the Water (Prevention and Control of Pollution) Act, 1974. The Court further held that the refusal is in the discretion of the State Pollution Control Board.

Power to carry out certain work (Section 30):

In cases where the State Pollution Control Board has granted consent subject to certain conditions and such conditions require such person to execute any work in connection therewith, the person is expected to carry out those works to fulfil the conditions under which the consent was granted. If the person fails to execute any work in connection with the fulfillment of the conditions imposed by the State Pollution Control Board, then the State Pollution Control Board serve a notice on the person requiring him to execute the work within the time period prescribed in the notice. In spite of the notice if the person to whom the notice is served fails to execute such work and all expenses incurred by the State Pollution Control Board for the execution of the aforesaid work together with the interest will be recovered by the State Pollution Control Board from the person concerned as arrears of the land revenue.

Power to carry out emergency operations in the case of pollution of streams or well (Section 32):

If it appears to the State Pollution Control Board that any poisonous, noxious or polluting matter is present in any stream or well or on land by reason of discharge of such matter in such stream or such well or such land or as entered into that stream or well due to any accident or other unforeseen act or event, the State Pollution Control Board may for the reasons recorded in writing carry out certain emergency operations for all or any of the following purposes:

• Removing the matter from the stream or well or on the land and disposing it off in such a manner as the Board considerers appropriate;
• Remedying or mitigating any pollution caused by its presence in the stream or well;
• Issuing order immediately restraining or prohibiting the person concerned from the discharging any poisonous, noxious or polluting matter into the stream or well or on land or from making unsanitary use of the stream or well.

Power to make an application to courts for restraining apprehended pollution of water in streams or wells (Section 33):

If the State Pollution Control Board apprehend that the water in any stream or well is likely to be polluted by reason of the disposal or likely disposal of any matter in such streams or well or in sewer, or on any land, or otherwise, the SPCB may make an application to a court not inferior to a Metropolitan Magistrate or a Judicial Magistrate for restraining the person who is likely to cause such pollution from causing such pollution.

In Maharaja Shri Umaid Mills v. State of Rajasthan AIR 1998 Raj. 9, case, a trade effluent was being discharged in the Bandi River by the mill. The State Pollution Control Board filed an application under Section 33 of the Water (Prevention and Control of Pollution) Act, 1974 to restrain the industry of causing water pollution. The Court held that section 33 is a social piece of legislation and provides a remedial measure and makes a provision for remedial action being taken where there is an apprehension that the water in any stream or well is likely to be polluted on account of disposal or likely disposal of trade effluent in such stream or well.

In Sukhna Paper Mill v. State of Punjab (1995) III CCR 838 (P&H) case, the Court held that where the decision issued by the court is not complied with, the Court can authorize the Board to undertake removal or disposal of the matter in such manner as may be specified by the Court for desisting pollution of water in any stream or well.

Power to give directions (Section 33A):

The State Pollution Control Board may, in exercise of its powers and performance of its functions under the Water Act, issue any direction in writing to the person, officer or authority, and such person, officer, or authority shall be bound to comply with such directions. The power to issue directions includes the power to direct the closure, prohibition or regulation of any industry, operation or proves or the stoppage or regulation of electricity, water or any other services.

In Ambuja Petro Chemical v. A.P. Pollution Control Board AIR 1997 AP 41 case, a petition was filed before the court against misappropriate order of the Andhra Pradesh Pollution Control Board requiring the closure of the factory premises of the petitioner. The petitioner was issued with a notice alleging that the effluent sample disclosed the values are in excess of the standard prescribed by the State Pollution Control Board. It was also alleged that the petitioner was not lifting the effluent for final treatment and disposal. Thereafter, the State Pollution Control Board issued the preceding for the closure of the unit, which was challenged in the writ petition. While dismissing the writ petition the Andhra Pradesh High Court opined that the order passed by the State Pollution Control Board directing the closure of the industry is not appropriate. However, the court said that it was always open to the Petitioners Industry to comply with the directions issued by the State Pollution Control Board for restarting its industrial activities.

In Associated Trades v. State Of West Bengal, 1996 AIHC 2795  case, the Court held that the State Pollution Control Board should give the industry an opportunity to take any remedial measures for the purpose of prevention and control of water pollution before passing an order of closure of industry under Section 33-A of the Water (Prevention and Control of Pollution) Act, 1974.

In Mandu Distillers v. M.P Pradushan Niwaran Mandal AIR 1995 MP 57 case, the Court quashed the order of closure made by the State Pollution Control Board on the ground that there was a denial of principles of natural justice and violation of procedural safeguard.

In Re: Bhavani River Shakthi sugar Ltd., (1998) 2 SSC 601 case, the Court upheld the order of closure made by the State Pollution Control Board. Since the industry did not take any remedial steps despite enough time granted, The State Pollution Control Board ordered the closure of the Industry

In M.C. Mehta V. Union of India (1997)2 SSC 411 case, the Court upheld the order of closure of Tanneries made by the Board since the Tanneries in Calcutta were operating in violation of the provision of Water (Prevention and Control of Pollution) Act, 1974 as well as Environment (Protection) Act, 1986.

In Stella Silks v. State of Karnataka, AIR 2001 Kant 219. Case, the Court upheld the order of closure of industry made by the State Pollution Control Board. The Court noticed that in spite of the notice issued by the State Pollution Control Board, the petitioner continued to the industry and also continued to pollute the environment by discharging polluted water.

Under the Water (Prevention and Control of Pollution) Act, 1974, different penalties have been prescribed for violating different provisions of the water act. Sections 41 to 45-A are relevant provisions in this regard.

Previous Topic: Functions and Powers of Pollution Control Board

Next Topic: Mechanism of Control of Water Pollution

Indian Legal System > Civil Laws > Environmental Laws > The Water (Prevention and Control of Pollution) Act, 1974 > Powers of State Pollution Control Board

The post Powers of State Pollution Control Board appeared first on The Fact Factor.

Central Pollution Control Board

Functions of the Central Pollution Control Board :

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:

• Advise the Central Government: The Central Pollution Control Board can advise the Central Government on any matter concerning the prevention and control of water pollution.
• Co-Ordination with State Board: The Central Pollution Control Board is to Co-ordinate the activities of the State Boards and resolve the dispute among them.
• Technical Assistance/Guidance to State Boards: The Central Pollution Control Board is to provide technical assistance and guidance to the State Boards, carry out and sponsor investigations and research relating to the problem of water pollution and prevention, control or abatement of water pollution.
• Training Programme: The 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.
• Organising Comprehensive Programme: The Central Pollution Control Board is to organise through mass media a comprehensive programme regarding the prevention and control of water pollution.
• 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.
• Publication of Statistical/Technical Data: The 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.
• Laying Down Standard for A Stream/Well: The 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.
• Execution of Programme at National Level: The 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.

Powers of the Central Pollution Control Board:

• The Central Pollution Control Board is empowered by Section 18 of the Water (Prevention and Control of Pollution) Act, 1974 to give directions to the State Pollution Control Boards.
• The Central Pollution Control Board has powers to perform any of the functions of the State Pollution Control Board in case of non-compliance of any directions given by the Central Pollution Control Board.
• The Central Pollution Control Board is empowered to issue directions under section 33A of Water (Prevention and Control of Pollution) Act, 1974 to direct the closure, prohibition or regulation of any industry, operation or process or the stoppage or regulation of supply of electricity, water or any other service.

State Pollution Control Boards:

Functions of State Pollution Control Boards:

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

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

Powers of State Pollution Control Boards:

• Power to obtain information (Section 20)
• Power to take samples of effluents for analysis (Section 21)
• Power of entry and inspection (Section 23)
• Power to impose a restriction on new outlets and new discharges (Section 25)
• Power to refuse or withdraw consent for the establishment of any industry, etc. (Section 27)
• Power to carry out certain works (Section 30)
• Power to carry out emergency operations in case of pollution of stream or well (Section 32)
• Power to make applications to the courts for restraining apprehended pollution of water in streams or wells (Section 33)
• Power to give directions (Section 33A)

Previous Topic: Composition of Pollution Boards

Next Topic: Functions and Powers of State Pollution Boards (In Detail)

Indian Legal System > Civil Laws > Environmental Laws > The Water (Prevention and Control of Pollution) Act, 1974 > Functions and Powers of Pollution Control Boards

The post Functions and Powers of Pollution Control Boards appeared first on The Fact Factor.

Water bodies e.g. lake, river, ocean and ground water get contaminated due to discharge of pollutants in the water bodies. Water pollution adversely affects not only aquatic plants and animals but it also affects human beings and ecosystems.

Causes of Water Pollution

Water pollution is caused due to several reasons. Here are the few major causes of water pollution:

Sewage and Waste Water:

Rapid urbanization in India during the recent decades has given rise to a number of environmental problems. Many towns and cities which came upon the banks of rivers have not given a proper thought to the problem of wastewater, sewerage, etc.

The domestic sewage includes household wastes which pass through the municipal sewerage system. It includes food wastes, modern synthetic detergents used for washing clothes, cleaning bathrooms and latrines. Sewage, garbage and liquid waste of households, agricultural lands and factories are discharged into lakes and rivers. A part of it percolates into the ground and contaminates the groundwater.  These wastes contain harmful chemicals and toxins which make the water poisonous for aquatic animals and plants.

Dumping: 

Dumping of solid wastes and litters in water bodies causes huge problems. Litters include glass, plastic, aluminum, styrofoam etc. Different things take different amount of time to degrade in water. They affect aquatic plants and animals.

Lots of people dump household waste, construction debris into rivers or river banks. River dumping not only causes water pollution; it also harms wildlife and increases the risk of flooding. There is large volume of deliberate dumping of waste into coastal waters. Other sources of waste at sea include plastics and other materials blown or washed from land.

Industrial Waste: 

Most Indian rivers and other sources of fresh water are polluted by industrial wastes or effluents. All these industrial wastes are toxic to life forms that consume this water. The significant contributors of wastewater are paper mills, steel plants, textile, tanneries and sugar industries.  Industrial waste contains pollutants like asbestos, lead, mercury and petrochemicals which are extremely harmful to both people and environment. Industrial waste is discharged into lakes and rivers by using fresh water making the water contaminated.

Agricultural runoff:

Modern agricultural techniques require the use of fertilizers to improve the fertility of land and increase production.  Traces of fertilizers and pesticides are wasted into the nearest water-bodies at the onset of the monsoons or whenever there are heavy showers. On entering the drinking water, these produce several health hazards.

Oil Pollution: 

Seawater gets polluted due to oil spilled from ships and tankers while traveling. The spilled oil does not dissolve in water and forms a thick sludge polluting the water. Oil spillages affect water quality in a number of ways. Oil can make drinking water unsafe to drink. A substantial amount of oil released into oceans and seas will destroy wildlife and the ecosystems that sustain them. Oil spills also reduce oxygen supplies within the water environment. The main causes of oil-related water pollution are: loss from storage facilities; spillage during delivery and; deliberate disposal of waste oil to drainage systems

Acid Rain: 

Acid rain is the pollution of water caused by air pollution. When acid rain reaches Earth, it flows across the surface in runoff water, enters water systems, and sinks into the soil. Acid rain has many ecological effects, especially on lakes, streams, wetlands, and other aquatic environments. Acid rain makes such waters more acidic, which results in more aluminum absorption from the soil, which is carried into lakes and streams. These pollutants make water toxic.

Global Warming: 

Due to global warming, there is an increase in water temperature. An increase in water temperature can result in the death of many aquatic organisms and disrupt many marine habitats. For example, a rise in water temperatures causes coral bleaching of reefs around the world. This is when the coral expels the microorganisms of which it is dependent on. This can result in great damage to coral reefs and subsequently, all the marine life that depends on it.

Eutrophication: 

Eutrophication is an enrichment of water by nutrient salts that causes structural changes to the ecosystem such as increased production of algae and aquatic plants, depletion of fish species, general deterioration of water quality and other effects that reduce and preclude use. It also depletes the oxygen in water, which negatively affects fish and other aquatic animal population.

Religious and Social Practices:

Religious faith and social practices add to pollution of our river waters. Carcasses of cattle and other animals are disposed in the rivers. Dead bodies are cremated on the river banks. Partially burnt bodies are also flung into the river. All this is done as a matter of religious faith and in keeping with ancient rituals. These practices pollute the river water and adversely affect the water quality.

Radioactive Substances:

Radioactive waste is another source of water pollution. Radioactive substances are used in nuclear power plants, industrial, medical and other scientific processes. They can be found in watches, luminous clocks, television sets, and x-ray machinery. There are also naturally occurring radioisotopes from organisms and within the environment. If not properly disposed of, radioactive waste can result in serious water pollution incidents.

Effects of Water Pollution:

Effects on Man:

Water polluted with domestic sewage can spread such epidemic diseases as hepatitis, cholera, typhoid, dysentery/diarrhea, and a number of other minor ailments and water borne diseases.

Effects on Vegetation:

Polluted water also affects crops and reduces the fertility of the soil. Polluted water may contain some pathogenic bacteria which cause many diseases in the cropland. It also results in destruction of many useful bacteria and other micro-organisms in soil thereby reduce its fertility.

Effects on Animals:

All organisms depend on surface water sources. Drinking water from polluted water-sources results in many diseases, especially in animals. The main problem caused by water pollution is that it kills organisms like aquatic plants, fishes, corals, etc. that depend on these water bodies.

Effects on Recreational Activities:

Polluted water also affects some recreational activities like boating, fishing, swimming and diving etc.

Effects on food-chains:

Pollution disrupts the natural food chain as well. Pollutants such as lead and cadmium are eaten by tiny animals. Later, these animals are consumed by fish and shellfish, and the food chain continues to be disrupted at all higher levels.

Destruction of ecosystems

Ecosystems can be severely changed or destroyed by water pollution. Many areas are now being affected by careless human pollution, and this pollution is coming back to hurt humans in many ways.

The post Water Pollution appeared first on The Fact Factor.