The Water (Prevention and Control of Pollution) Act,1974

The Water (Prevention and Control of Pollution) Act,1974 is an Act to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water in the country. It applies in the first instance to the whole of the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal and the Union Territories; and it shall apply to such other State which adopts this Act by resolution passed in that behalf under clause (1) of article 252 of the Constitution.

 

Here’s a brief synopsis of the key provisions and objectives of the Act:

 

  1. Objective: The primary objective of the Act is to prevent and control water pollution and maintain or restore the wholesomeness of water. It seeks to regulate and restrict the discharge of pollutants into water bodies to safeguard the environment and public health.
  2. Central and State Pollution Control Boards: The Act establishes the Central Pollution Control Board (CPCB) at the central level and State Pollution Control Boards (SPCBs) at the state level. These boards are responsible for implementing the provisions of the Act, including setting standards for the quality of water, granting consent to discharge pollutants, and conducting water quality assessments.
  3. Standards for Discharge: The Act empowers the central and state governments, in consultation with the CPCB and SPCBs, to prescribe standards for the quality of water in different water bodies. These standards specify the permissible limits for various pollutants to control and regulate their discharge.
  4. Prohibition on Discharge of Pollutants: The Act prohibits the discharge of pollutants beyond the prescribed standards into water bodies. Industries and local authorities are required to obtain consent from the relevant pollution control boards before discharging effluents into water.
  5. Consent to Establish: Prior consent of the State Board to be obtained before establishing or taking any steps to establish any industry, operation or process, or any treatment and disposal system or any 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 bring into use any new or altered outlets for the discharge of sewage or begin to make any new discharge of sewage. (Section 25)
  6. Consent to Operate: Prior consent of the State Board to be obtained before commencement of operation of any industry, project or activity 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). (Section 25)
  7. Furnishing of Information to the State Board under Section 31 of The Water (Prevention and Control of Pollution) Act,1974: In case of any accident or unforeseen event, any poisonous, noxious or polluting matter is discharged or likely to be discharged into a stream or well or sewer or land as the result of the discharge, the person in charge of the premises is required to intimate the occurrence of the event to the State Board.
  8. Inspection and Monitoring: The Act provides for the inspection of premises, plants, and manufacturing processes to ensure compliance with the standards and conditions. Monitoring of water quality is a crucial aspect of the Act to assess the impact of pollution and take corrective measures.
  9. Penalties and Offenses: The Act prescribes penalties for offenses, including fines and imprisonment, for contravention of its provisions. It establishes procedures for the prosecution of offenders and the adjudication of water pollution-related offenses.
  10. Public Participation: Similar to the Environment Protection Act, the Water Act encourages public participation in matters related to water pollution control. It emphasizes the importance of raising awareness and involving the public in decision-making processes.

The Water (Prevention and Control of Pollution) Act, 1974, complements other environmental laws in India and plays a crucial role in regulating water pollution, ensuring sustainable water management, and protecting the overall quality of water resources in the country.

Disclaimer: The information contained in this Article is intended solely for personal non-commercial use of the user who accepts full responsibility of its use. The information in the article is general in nature and should not be considered to be legal, tax, accounting, consulting or any other professional advice. We make no representation or warranty of any kind, express or implied regarding the accuracy, adequacy, reliability or completeness of any information on our page/article. 

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