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 (Section 25): Prior to commencement of operation of any industry, project or activity , the project proponent requires consent to operate under the provisions of the Water(Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981
    Para 10 of Control of Water Pollution (Grant, Refusal or Cancellation of Consent) Guidelines, 2025:
    Every application for consent to establish an industrial plant under section 25 shall be submitted in Form I, containing prescribed particulars, and accompanied by the applicable fee for new plants or for expansion, modernisation, or change in product or process prior to commissioning.
    Para 4:
    (1) The consent to establish shall be valid for a period of five years from the date it is granted.
    (2) The validity period of five years may be extended by a maximum period of two years, if an application is made in this regard, thereby making the total period of validity seven years from the date of grant of consent to establish.
  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)
    Para 4 (3) of 2026 Guidelines & Para 11(2) of 2025 Guidelines (Control of Water Pollution (Grant, Refusal or Cancellation of Consent) Guidelines)
    Every application of consent to operate an industrial unit under section 25 of the Act shall be made in Form II and shall contain the particulars of the following and also shall be accompanied by fees for grant of consent to operate,
    with the following reports, namely: –
    (a) Compliance report of conditions stipulated in the consent to establish;
    (b) Compliance report of the conditions stipulated in the environment clearance, if applicable
    Renew Period:

    Para 4 (3): Once granted, the consent to operate shall continue to remain valid till it is cancelled.
    Para 5: The State Government or Union Territory Administration may prescribe a one-time consent-to-operate fee for a period of 5 to 25 years, as applied by the project proponent. For any extension beyond the approved period, the applicable fee shall be paid afresh.

  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.

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