Indian Legal System > Civil Laws > Environmental Laws > The Water (Prevention and Control of Pollution) Act, 1974 > Introduction
Introduction to Water Act:
It 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.
This Act came into force on 23 March 1974 and was amended in the years 1978 and 1988. There are a total of 8 chapters and 64 Sections in the Act.
Objectives of the Water Act:
- To prevent and control water pollution
- To assess pollution levels and punish polluters
- To maintain or restore the wholesomeness of water
- To establish Central and State boards to carry out the objectives of the Act.
- To confer on and assign to the boards, the power, and functions relating prevention and control of water pollution.
- To establish Central and State water testing laboratories to enable the Boards to discharge their functions.
- To penalize contravention of the provisions of the Act.
- To deal with matters connected with the prevention and control of water pollution.
In A.P. Pollution Control Board v. M.V. Nayudu, (2001) 2 SCC 69 case, the Supreme Court has made very valuable suggestions for improvement of the adjudicatory machinery under the various environmental laws. The main burden of these suggestions is that in all environmental courts, tribunals and appellate authorities, there should be a judge of the rank of a High Court or a Supreme Court, sitting or retired, and a scientist or a group of scientists of high ranking and experience so as to help a proper and fair adjudication of disputes relating to environment and protection. If implemented, this would go a long way in securing justice to the needy.
Salient Features of the Water Act:
- The Act gives some important definitions of important terms used in the Act like a stream, outlet, sewer, pollution, trade effluent, etc.
- Establishment of central and state boards for pollution control under section 3 and 4 of the Water Act respectively. The Act has provisions by which a joint board of two or more contiguous states can also be set.
- The qualifications, terms, and conditions of service of members of Boards are specified in the Act at the same time the conditions for the disqualification of members are also specified.
Consent of pollution control board to open new outlets and discharges into streams and wells. - Some powers are conferred on these Boards so that they can work effectively and create deterrence.
- Prohibition of the use of streams and wells for the disposal of pollutants.
- Provisions for appeal against the decisions of the Board is given to the individual person affected by the Act.
- The Act provides stringent penalties for offences defined in the Act.
Definition of Terms Under the Water Act:
Under Section 2(a) of the Act, Board” means the Central Board or a State Board;
Under Section 2(b) of the Act, “Central Board” means the Central Pollution Control Board constituted under section 3;
Under Section 2(c) of the Act, “member” means a member of a Board and includes the Chairman thereof;
Under Section 2(d) of the Act, “occupier” in relation to any factory or premises, means the person who has control over the affairs of the factory or the premises, and includes, in relation to any substance, the person in possession of the substance;
Under Section 2(dd) of the Act, “outlet” includes any conduit pipe or channel, open or closed, carrying sewage or trade effluent or any other holding arrangement which causes or is likely to cause, pollution;
Under Section 2(e) of the Act, “pollution” means such contamination of water or such alteration of the physical, chemical or biological properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water (whether directly or indirectly) as may, or is likely to, create a nuisance or render such water harmful or injurious to public health or safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plants or of aquatic organisms;
Under Section 2(f) of the Act, “prescribed” means prescribed by rules made under this Act by the Central Government or, as the case may be, the State Government;
Under Section 2(g) of the Act, “sewage effluent” means effluent from any sewerage system or sewage disposal works and includes sullage from open drains;
Under Section 2(gg) of the Act, “sewer” means any conduit pipe or channel, open or closed, carrying sewage or trade effluent;
Under Section 2(h) of the Act, “State Board” means a State Pollution Control Board constituted under section 4;
Under Section 2(i) of the Act, “State Government” in relation to a Union Territory means the Administrator thereof appointed under article 239 of the Constitution;
Under Section 2(j) of the Act, “stream” includes- (i) river; (ii) water course (whether flowing or for the time being dry); (iii) inland water (whether natural or artificial); (iv) sub-terranean waters; (v) sea or tidal waters to such extent or, as the case may be, to such point as the State Government may, by notification in the Official Gazette, specify in this behalf;
Under Section 2(k) of the Act, “trade effluent” includes any liquid, gaseous or solid substance which is discharged from any premises used for carrying on any [industry, operation or process, or treatment and disposal system], other than domestic sewage.
Under Section 47 (2) (a) of the Act, “Company” means any body corporate and includes a firm or other association of individuals.
Under Section 47 (2) (b) of the Act, “Director” means a person in relation to a firm means a partner in the firm.
Under Section 25 (8) of the Act, “New outlet” means any outlet which is wholly or partly constructed on or after the commencement of this Act or which is substantially altered after such commencement.
Under Section 25 (8) of the Act, “New discharge” means a discharge which is not as respects the nature and composition, temperature, volume and rate of discharge of the effluent substantially continuation of a discharge made within the preceding twelve months(whether by the same of different outlet), so however that a discharge which is in other respects as continuation of previous discharge made as aforesaid shall not be deemed to be a new discharge by reason of any reduction of the temperature or volume or rate of discharge of the effluent as compared with the previous discharge.
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