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Salient Features of Water Act

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Salient Features of Act:

Water act came into effect in 1974 to prevent pollution of water by industrial, agricultural and household water. The main objectives of
this act are listed below:
-Prevention, control and abatement of water pollution.
-The act also aims at restoration of wholesomeness of water
-The water act is designed to assess pollution levels and punish polluters
-The central government and state governments have set-up pollution control boards to monitor water pollution.
-The water act of 1974 along with amendments in 1978 is an extensive legislation with more than sixty sections for prevention and
control of water pollution.
-Central and state boards have been created under this act for preventing water pollution
-The act empowers the board to take:
- water samples for analysis
- govern discharge of sewage
- trade effluents
- study or inspect appeals
- revision of policies
- set minimum and maximum penalties
- publication of names of offenders
- offences by companies or government departments
- establish or recognize water testing laboratories and standard testing procedures
-Prevention and control of water pollution is achieved through a 'permit' or a 'consent administration' procedure
-Discharging effluents is permitted by obtaining the consent of state water boards
WATER POLLUTION CESS ACT (1977)
The objective of this act is that anyone consuming water has to pay cess depending on the type of use as listed below:
-Industries using water for industrial cooling, spraying in mine pits or as boiler feed
-Domestic purposes
-Processing (pollutants are biodegradable. Eg: water from slaughter houses)
-Processing (pollutants are not biodegradable and are toxic. Eg: water from tannery waste, industrial wastewater from electroplating
industries)
Industries that have a treatment plant installed for treating their effluents can get a rebate of 70% on the cess payable.

Section 17 Empowers the Board to lay down standards for sewage / trade effluent.

Section 20 Empowers the Board to obtain information and give direction to furnish to it
information regarding construction, installation or operation of such
establishment or of any disposal system and such other particulars as may be
prescribed.

Section 21 Empowers the Board to collect samples of sewage/ trade effluent from any
industry.

Section 24 Prohibits the pollution of a stream or well by disposal of polluting matter etc.
Section 25 & 26 Consent of the Board for the establishment / operation of any industry and for
discharge of sewage / trade effluent into any stream or well or sewer or on land
or into marine coastal areas to be obtained. (List of industries for which the Tamil
Nadu Electricity Board has to give power supply only after the industries produce
consent to establish order issued by the Tamil Nadu Pollution Control Board is
given in GO MS No. 111 E&F Dept. Dated 21.9.2011).

Section 28 Provides for appeal against the orders of the Board under Section 25 or 26 or 27.
The appeal has to be made to the Appellate Authority, within thirty days from the
date of communication of the order.

Section 30 Empowers the Board to carry our certain works when the concerned industry has
failed to carry out the directions of the Board and to recover the cost from that
industry.

Section 31 Requires furnishing of information to the Board about the accidental discharge of
poisonous, noxious or polluting matter.

Section 32 Empowers the Board to take action on the presence of noxious or polluting
matter in any stream or well or sewer or land and issuing orders restraining or
prohibiting the discharge of any such matter into any stream or well or sewer or
on land or into marine coastal areas.

Section 33 A Empowers the Board to issue directions for closure of the industry or for
stoppage of electricity, water supply or any other service.

Section 43 Contravention of Section 24 is punishable with imprisonment for a term not less
than one year and six months but which may extend to six years and with fine.

Section 44 Contravention of Section 25 or Section 26 is punishable with imprisonment for a


term not less than one year and six months but which may extend to six years and
with fine.

Section 46 No Civil Court shall have jurisdiction to entertain any suit or proceeding in respect
of any matter which an Appellate Authority constituted under the Water Act is
empowered to determine.
SALIENT FEATURES OF THEWATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 SALIENT
FEATURES OF THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974

This Act was promulgated for the purpose to provide for the prevention and control of water pollution
and for maintaining or restoring of wholesomeness of water. It also provides for the establishment of
Boards both at the Central and State level with a view to carrying out the purposes aforesaid. 1.
Definitions: (a) "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. (b)"Sewage effluent" means effluent from any sewerage system or disposal
works and includes sullage from open drains. (c) "Sewer" means any conduit pipe or channel open or
closed, carrying sewage or trade effluent. (d) "Trade Effluent" includes any liquid, gaseous or solid
substance which is discharged from an remises used for carrying on any indUs~f) ~ Of treatment and dis
sdomestiC sewage. 2.FU ~ (i) rr a)~ preve stt.eafl'\§! execution thereof; b) to advise the State
Government on any matter concerning the prevention, control or abatement of water pollution; c) to
collect and disseminate information relating to water poHution and the prevention, control or
abatement thereof, d) to encourage, conduct and participate in investigations and research relating to
problems of water pollution and prevention, control or abatement of water pollution; e) to collaborate
with the Central Board in organizing the training of persons engaged or to be engaged in programmes
relating to prevention, control or abatement of water pollution and to organize mass education
programmes relating thereto; f) to inspect sewage or trade effluents, works and plants for the treatment
of sewage and trade effluents; g) lay down, modify or annul effluent standards for the sewage and trade
effluents and for the quality of receiving waters; h) to evolve economical and reliable methods of
treatment of sewage and trade effluents, having regards to the peculiar conditions of soils, climate and
water resources of different regions; i)to evolve methods of utilization of sewage and suitable trade
effluents in agriculture; j) to evolve efficient methods of disposal of sewage and trade effluents on land;
k) to lay down standards of treatment of sewage and trade effluents to be discharged into any particular
stream; I) to make, vary or revoke any order (i) for the prevention, control or abatement of discharges of
waste into streams or wells; (ii) requiring any person concemed to construct new or modify/alter or
extend systems for the disposal of sewage and trade effluents; m) to lay down effluent standards to be
complied with by persons while causing discharge of sewage or sullage or both and lay down, modify or
annul effluent standards for the sewage and trade effluents; n) to advise the State Government with
respect to the location of any industry, the canying on of which is likely to pollute a stream orwell; 0) to
perform such other functions as may be prescribed or as may, from time to time be entrusted to it by
the Central Board or the State Government. (ii) The Board may establish or recognize a laboratory or
laboratories to enable it to perform its functions under this section efficiently, including the analysis of
samples of water from any stream or well or of samples of any sewage or trade effluents. 3. Prohibition
on Use of Stream or Well For Disposal of Polluting Matter, etc.: (i) Subject to the provisions of the Act:-
a) No person shall knowingly cause or permit any poisonous, noxious or polluting matter determined in
accordance with such standards as may be laid down by State Board to enter (whether directly or
indirectly) into any stream or sewer or on land. b) No person shall knowingly cause or permit to enter
into any stream any other matter which may tend, either directly or in combination with similar matters,
to impede the proper flow of the water of the stream in a manner leading or likely to lead to a
substantial aggravation of pollution due to other causes or of its consequences. (ii) A person shall not be
guilty of an offence under the section above, by reason only of having done or caused to be 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 material 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 a 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 a stream. 4. Restrictions on New Outlets and New
Discharges: No person shall, without the previous consent of the State Board,- a) establish or take any
steps to establish any industry, operation or process, or any treatment or disposal system or an
extension or addition thereto, which is likely to discharge sewage or trade effluent into a stream or well
or sewer or on land (such discharge being hereafter referred to as discharge of sewage)~ or b) bring intQ
use the discharge Of c) begin to m sewage. 5. FumistimQfjl~~ and other (i) If at any JJWater is Precious,
SCIJ 'No' to Water Po(fufjon ant! Save £.ife. II ISSUED BY MEGHALAYA STATE POLLUTION CONTROL
BOARD "ARDEN" Lumpyngngad, Shillong-793014. Telefax: 0364-2521217
Email:megspcb@rediffmail.com Website:www.megspcb.gov.in

Salient features of the Act (Water Act)


 Water is the State subject
 Parliament can not legislate on water subject
 States have to agree for parliament legislation
 Majority States resolved for parliament legislating
 Parliament therefore, passed the water Act

Objectives
 To prevent and control water pollution
 To maintain wholesomeness of water
 To establish control on State Boards for prevention and control of pollution
 To empower the Boards for prevention/control of pollution
 To provide penalties for contravention of the provisions of the Act
 To establish control on state water testing laboratories.

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