The Water Act, 1974

The main purpose of the Water Act, as enshrined in its preamble is:
∙ To prevent and control the pollution of water;
∙ To maintain and restore the wholesomeness of water;
∙ The establishment of Boards for prevention and control of water
pollution; and
∙ To confer on such Boards, powers to prevent and control water
pollution and to maintain or restore the wholesomeness o
WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974
The main purpose/objective of the Water Act, as enshrined in its preamble is:
∙ To prevent and control the pollution of water;
∙ To maintain and restore the wholesomeness of water;
∙ The establishment of Boards for prevention and control of water
pollution; and
∙ To confer on such Boards, powers to prevent and control water
pollution and to maintain or restore the wholesomeness of water.

The salient features of the act:

● The Act provides for maintenance and restoration of quality of all types
of surfaces and groundwater.
● Controlling bodies: It provides for the establishment of Central and State
Boards for pollution control.
● Functions: The Act assigns powers and functions to these Boards to
control pollution.
● Authority to board: The Central and State Pollution Control Boards are
given comprehensive powers to advise, coordinate, and provide technical
assistance for the prevention and control of water pollution.
● Audit: The Act has provisions for funds, budgets, accounts, and audit of
the Central and State Pollution Control Boards.
● Prohibition: The Act prohibits disposal of any poisonous, noxious or
polluting matter to the flow of water in a stream. However, dumping of
 any material into a stream for the purpose of reclamation of land is not
considered an offense.
● Penalties: The Act provides for severe and deterrent punishments for
violation of the Act which includes fine and imprisonment.

Central Board- Central Pollution Control Board:

o Constitution and Composition (Section 3)

The Central Government through a notice in the official gazette has
the power to assign or set up a Central Board named as Central
Pollution Control Board. As far as the composition of the board is
concerned the Central Board is to contain the following members:

▪ A chairman who has the knowledge or has practical

experience in dealing with cases relating to environmental
protection. The chairman is to be appointed by the central
government only
▪ Not more than 5 officials to represent the central
government.
▪ Not more than 5 members to be nominated by the central
government from the members of the State Board.
▪ Maximum 3 members appointed by the central government
to represent the interests of agriculture, fisheries, trade or
any other interest as the government may seem fit.
▪ 2 persons to represent the companies or corporations owned,
controlled or by the central government.
▪ A full-time member secretary having complete knowledge,
experience and qualification of scientific management and
prevention of environmental pollution.
o Functions of Central Board (Section 16):
 ▪ Advise the Central Government on any matter concerning
the prevention and control of water pollution.
▪ Coordinate the activities of the State Boards and resolve
disputes among them.
▪ provide technical assistance and guidance to the State
Boards, carry out and sponsor investigations and research
relating to problems of water pollution and prevention,
control or abatement of water pollution.
▪ Plan and organize the training of persons engaged or to be
engaged in for the prevention, control or abatement of water
pollution on such terms and conditions as the Central Board
may specify.
▪ Organize through mass media a comprehensive program
regarding the prevention and control of water pollution.
 
State Board- State Pollution Control Board:
o Constitution and Composition (Section 4)
The state government through an official notice in the Gazette has
the power to assign or set up a state board named as State Pollution
Control Board. The composition of the state board is as follows:

▪ A Chairman who either has the knowledge or some

experience in dealing with cases relating to environmental
pollution.
▪ Not more than 5 members appointed by the state government
to represent the government.
▪ Not more than 2 persons by the state government who are
functioning as members of the local authorities within the
state
▪ Not more than 3 persons nominated by the state government
to represent the interest of fisheries, agriculture, trade and
any other interest as the government may seem fit.
 ▪ 2 person from companies, corporations which are either
controlled, owned or managed by the state.
▪ A member secretary who has the knowledge, qualifications,
and experience in dealing with cases pertaining to
environmental pollution.

o Functions of State Board (Section 17):

▪ To plan a comprehensive program for preventing and

controlling the pollution of the wells and streams in the state
and to secure its execution.
▪ To advise the State Government on matters relating to
prevention and controlling water pollution.
▪ Collaborating with the central board to train persons
employed or to be employed in preventing, controlling water
pollution.
▪ To lay down, modify the effluent standards of sewage and
trade effluents and for the quality of receiving water
resulting from the discharge of effluents and to classify
waters of the state.
▪ To evolve methods of utilizing the sewage and suitable trade
effluents in agriculture.
▪ The state Board has the authority to set up laboratories to
enable the board to perform its function efficiently,
including collecting samples of water from any stream or
sewage or trade effluents.
Joint Board
An agreement may be entered into by the state government
of one state with the state government of another state to set
up a joint Board. Similarly, the Central Government and the
government of other union territories can also enter into an
agreement for constituting a joint board.
 o Composition of Joint Board (Section 14):
▪ A chairman who has the knowledge, experience, and
qualifications in matters relating to prevention and
controlling environmental pollution.
▪ 2 members from each state government nominated by their
respective state to represent the state.
▪ A nonofficial appointed by each state to represent the
interests of agriculture, fisheries, trade or any other interest
of the participating state.
▪ 2 members from the companies, corporations nominated by
the central government which is owned, controlled or
managed by the participating state.
▪ A full-time member secretary who has the required skills,
experience and qualifications in science, engineering or
management aspect of controlling and preventing pollution
to be appointed by the central government.

Disqualification of Members (Section 6)

● A person who is judged insolvent or has not paid his debts or has
compounded with his creditors cannot become a member.
● A person of unsound mind or who has been convicted of such an offense
which according to the central government or state government may
involve moral turpitude.
● If a person is holding any office of profit or is a salaried employee of any
company, firm which is connected with the board in that situation also he
can be a member of any board.
● If a member has misused his powers by virtue of being a member or
holding any position in connection with the board, then the central
government or for that matter the state government may disqualify that
member in the general interest of the public.
Term
The term of all the members (except the member-secretary) is 3 years, which is
subjected to terms and conditions (mentioned in Section 5)

Meetings: (Section 8)
The Board shall meet at least once in three months.

Appointment of Committees: (Section 9)

It empowers the Board to constitute/appoint as many committees as it may think
fit.

Power of Boards
The sections 18 to 33 of the Water Pollution Act lay down the powers of the
Central and State Boards and on the basis of these Sections, the powers are
given as below:
● To obtain information for the purpose of performing the State
Board’s functions listed under this Act by the Board itself or any
person/official authorised by the Board;
● To take samples of water from any water body for the analysis
regarding the quality of water and amount of pollutants in the
water;
● To enter and inspect any place for the purpose of performance of
the functions of the Board by any person/official authorised by the
Board;
● To impose restriction on any disposal of pollutants into water
bodies to prevent and control water pollution;
● To refuse or withdraw consent for an industry on the basis of the
report stating their violation or refusal to follow the provisions
mentioned under this Act. The State Board has the right to consent
as well.
● To carry out any work or act for the performance of functions
listed under this Act;
● To carry out emergency operations in case of any report on
pollution of streams or rivers or any water body still being
continued or on-going;
● To apply to Courts for the restriction of any plant/industry or
violator in regard to the apprehended pollution of water in streams,
rivers or wells;
 ● To give directions for the prohibition, regulation or closure of any
operation, plant, industry, process or regulation of any service like
water, electricity, etc for the purpose of performing the State
Board’s functions listed under this Act.

Further elaboration of the section which can be used also for answering
what are the prevention and control measures under the act for controlling
water pollution

According to Section 19, the provisions of the Act may apply to some
designated areas within the state (called “water pollution, prevention and
control area”).

Section 20 confers power upon officers to survey, and record the characteristics
of the streams and wells. The board also collects information about persons
involved in over-extraction of and toxic discharges into streams. It can also ask
a person in charge of an industry, operation, or disposal system to furnish
details of constructions, installations, operations or extensions to check and
monitor pollution.

Section 21 empowers an officer to collect water samples for analysis (to be

tested in laboratories).

Section 24 imposes a prohibition on disposal of poisonous and noxious matter

into streams as well as of anything likely to obstruct the free flow of water, with
the exception of authorized constructions (bridge, dams, drain etc.), acts done
for land reclamation, and exempts putting natural deposits such as pebbles or
sand.

Section 25 imposes restrictions on new industries by subjecting them to the

Board’s consent and conditions. It inquires on the new discharges likely to
result and grants its notice of approval accordingly. The Board can also decide
to not grant permission or chose to review and revise its conditions.
Penalties

1. Imprisonment for a term extending to 3 months or fine (not more than Rs.
10,000/- or both, with an additional fine of Rs. 5000/- for continuance of failure
to comply with any direction given under sub-sector (2) or (3) of Section 20.

2. Imprisonment for a term not less than 1 year and 6 months and not more than
6 years with fine (additional fine of Rs. 5000/- per day) for failure to comply
with the order issued under clause (c) of sub-section (1) of Section 32 or under
sub-section (2) of Section 33 or under Section 33-A.

3. 3. Imprisonment for a term not less than 2 years and not more than 7 years
with a fine for continuance of failure to comply beyond one year.

4. Section 42 lists down penalties for other acts, with an imprisonment for a
term up to 3 months or with a fine up to Rs. 10,000/- or both (as follows):

● Destruction, removal etc. of a post or pillar or other matter put up

by the Board.
● Obstruction of an authorized person carrying out his functions
under the act.
● Damage to property of the Board.
● Failure to report information to the officer under the act
● Failure to report accidents to the authorities.
● Giving false material information knowingly to the authorities (for
the purpose of obtaining consent).
●
5. Liability of Companies- Every person in charge at the time of the commission
of the offence or every employee/ employer who consented to it or acted
negligently will be liable to be proceeded against.

6. The Head of Department of the Government would be liable for offences and
action can be initiated against him.