WATER ACT, 1974: (Prevention and Control of Pollution)
WATER ACT, 1974: (Prevention and Control of Pollution)
WATER ACT, 1974: (Prevention and Control of Pollution)
• The need for legislating the act was felt in the year 1962, it was the same year when independent
India fought its first war with china. A committee was set up in 1962 to draw a draft enactment
for the prevention of water pollution.
Introduction
• The Water Act was enacted by Parliament Act, 1974 purpose to provide for the prevention of
control of water pollution and the maintaining or restoring of wholesomeness of water. As on
day, it is applicable in all the states of India.
OBJECTIVES
The water(prevention and pollution control) act 1974, provides for following:
• An act to provide for the levy and collection of a cess on water consumed by persons carrying on
certain industries and by local authorities, with a view to augment the resources of the central
board and the state boards for the prevention and control of water pollution constituted under the
water (prevention and control of pollution) act, 1974.
Application and Commencement
• It applies in the first instance to the whole of the States of Assam, Gujarat, Haryana,
Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh,
Rajasthan and West Bengal and the Union Territories. In this act, unless the context,
otherwise requires
1. Pollution
2. Sewerage Effluent
3. Trade effluent
4. Occupier
5. Outlet
6. Stream
2e POLLUTION
Pollution means such as
• Contamination of water or
• Discharge of any Sewerage effluent Or trade Effluent Of or any other liquid or solid substance into
water
• To public health
• The person who has control there over affairs to the factory or premises
And includes
OUTLET
It includes
• River
• Watercourses
• Inland water
• Sea or tidal water such extent or, as the case may be , to such point may as the state government
may, by notification in the critical gazeeth , specify
Functions of Central Board (sec. 16)
• The Central Board may establish or recognize a laboratory or laboratories to enable
the Central Board to perform its functions under this section efficiently.
(a) delegate any of its functions under this Act generally or specially to any of the
committees appointed by it;
(b) do such other things and perform such other acts as it may think necessary for the
proper discharge of its functions and generally for the purpose of carrying into
effect the purposes Of this Act.
Functions of the State Board
• Functions of a State Board has been prescribed in section 17
• But the state pollution board have confined themselves only to grant consents to the
industries.
• After the legislation of Environment (Protection) Act, 1986 wherein the Standards for
Effluent has been prescribed in the EP Rules, the Boards merely mentioned those rules in
the conditions of the consent.
• More so Boards are issuing consent with the condition “Zero Discharge” without
ensuring whether this condition could be met or complied by the Industry.
• To oversee the implementation of the GAP and to lay down policies and programmes,
Government of India constituted the CGA (Central Ganga Authority)in February 1985, renamed as
the NRCA (National River Conservation Authority)in September 1995, under the chairmanship of
the Prime Minister. The Government also established the GPD (Ganga Project Directorate)in June
1985 as a wing of Department of Environment, to execute the projects under the guidance and
supervision of the CGA. The Government renamed the GPD as the NRCD (National River
Conservation Directorate)in June 1994.
GAP I
• The GAP-I envisaged to intercept, divert and treat 882 mld (million litres per day) out of 1340 mld
of wastewater, generated in 25 class-i towns in 3 states of uttar pradesh, bihar and west bengal.
The NRCD had scheduled the GAP-I for completion by march 1990, but extended it progressively
up to march 2000. While the GAP-I was still in progress, the CGA decided in february 1991 to take
up the GAP-II, covering the following pollution abatement works:
GAP II
• The CCEA (Cabinet Committee on Economic Affairs) approved the GAP-II in various stages during
April 1993 to October 1996 . The States of Uttar Pradesh, Bihar, West Bengal, Delhi and Haryana
were to implement the GAP-II by treating 1912 mld of sewage. GAP-II is scheduled for completion
by December 2001.
FINANCIAL PROFILE
• Approved outlays for the GAP-I and the GAP-II were rs 462.04 crore and rs 1276.25 crore
respectively. The central government was to bear the entire expenditure on schemes under the
GAP-I, and to share it equally with the states in the GAP-II. The government of India decided in
November 1998 to bear the entire expenditure on schemes from April 1997, as the states found it
difficult to provide their matching share.
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