WATER (PREVENTION AND

CONTROL OF POLLUTION),
ACT 1974
Legal aspect of water pollution
 200 legislations dealing with the various
aspects of environmental protection
 But water pollution Act is comprehensive
directly dealing with the water pollution.
 Administrative regulation- GOI- Department of
Envirnoment, Forest and Wild life has
formulated a scheme and comprehensive plan
for the prevention and control of the Ganga
and National River Conservation Plan.
 Water is a state subject via Entry 17 of State
List, thus states are empowered to enact
legislation on subject of water. But this entry is
subject to
 Entry 56. Regulation and development of inter-
State rivers and river valleys to the extent to
which such regulation and development under
the control
 Entry 17. Water that is to say, water supplies,
irrigation and canals, drainage and
embankments, water storage and water power
subject to the provisio
 Legislative Sources
 Non Statutory – Tort
 Statutory – Codification
 1. The Shore Nuisance (Bombay and Kolaba) Act,
1853: removal of nuisance and encroachments below
high water mark in the Islands of Bombay and
Kolaba
 . The Oriental Gas Company Act, 1857: Company is
liable to pay penalty, if it causes or suffers to be
brought, or to flow into any stream, reservoir etc
 The Indian Sarais Act, 1867
 upon a keeper of a sarai or an inn to keep certain
quality of water fit for the consumption by the
persons and the animals using it

The Northern India Canal and Drainage Act, 1873:

This Act is intended to regulate irrigation, navigation
and drainage in the northern India using and
controlling for the public purpose the water of all
rivers and streams flowing in natural channels, and
oil all lakes and other natural collections of still
water.
 The Indian Easement Act, 1882:
 With regard to the Pollution of Water, the Indian
Easement Act, 1882 is one of the earliest statues dealing
with the rights of the individuals inter se. The common
law doctrine of the riparian rights to the unpolluted water
has been codified in this Act.

The Indian Fisheries Act, 1897: Poisoning of water and

consequent destruction of fish is prohibited by this Act
The Indian Forest Act and Indian Forest (Conservation) Act,
1927: Section 26 (1)(i) provides that any person who, in
contravention of the rules made by the state government,
inter alias, poisons water, shall be punishable with
imprisonment for a term of one year or with fine which
may extend to one thousand rupees or both.
 The Maharashtra Prevention of Water Pollution
Act, 1969:
 It is much more comprehensive statute covering the
wide area of application extending not only to rivers
but water courses (whether flowing or the time being
dry), inland water (whether natural or artificial),
subterranean streams or sea
 The Damodar Valley Corporations Act, 1948:
 The Damodar valley Corporation Act, 1948 authorises
the Corporation to frame regulations for prevention of
water pollution with the previous consent of the Central
Government

 The Factories Act, 1948: The factories Act of 1948 also

provides for the effective disposal of water and effluents
of a factory by an amendment of 1976 to this Act

 The River Board Act, 1956: The object of the River Board
Act is to provide for the establishment of the River
Board for the regulation and development of interstate
rivers and river valleys
 Water (Prevention and control
of pollution), Act 1974
 Purpose
 Prevention and control of water pollution
 Maintaining or restoring of wholesomness of water
 Est of borads for the above purpose
 Power and function to control pollution
 Provision for funds, budget, accounts and audits of
the central and state pollution control board
 Penalties for defaulter
 Procedure for imposing penalties
 Definition
 2. Definitions In this Act, unless the context otherwise
requires,- (a) "Board" means the Central Board or a State
Board;
 (e) "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;
 (j) "stream" includes-
 (i) river;
 (ii) water course (whether flowing or for the time being
dry);
 (iii) inland water (whether natural or artificial);
 (iv) sub-terranean waters;
 (v) sea or tidal waters to such extent or, as the case may
be, to such point as the State Government may, by
notification in the Official Gazette, specify in this behalf;

 (k) "trade effluent" includes any liquid, gaseous or solid

substance which is discharged from any premises used for
carrying on any [industry, operation or process, or
treatment and disposal system], other than domestic
sewage.
 Sec 3 Central Pollution Control
Board
 Main governmental organization at the central level
for the prevention and control of water pollution
 Function: 16
 Advises central government in the matter of water pollution
 Assist state boards
 Organizes training programs for prevention and control of
pollution at various places
 Collects, compiles publishes technical and statistical data
 Lays down standard of water quality parameters
 Establises and recognises labs or testing of sweage aters,
effluent samples.
 Constitution of borad
 Full time chairman
 5 nominated members by cent govt.
 5 nominated members by cent govet from State
Board
 Other members from different fields such as
agriculture, fisheries, industries trade etc
 Two person from corporation owned and manged by
the govt.

Meeting: every 3 months

 State Board
 Constitution: 4
 Chairman
 5 member nominated by state government to represent
government
 5 member nominated by state government representing
local authorities
 Non official not exceeding 3 from different area such as
fisheris, agriculture etc
 Two person from corporation owned and managed by the
state government.

For UT, CPCB has power

 Sec 4: State Board
 Similar function at state level
 Works under the direction of CPCB
 Advises state government with respect to location of any
polluting industry.
 Lays down standards for effluents and empowered to tale
samples
 Suggests efficient methods for utilisation, treatment and
disposal of trade effluents.
 However they have confined themselves to only grant
consent to the industries
 E.g CPCB identified polluted stretches and SPCB was asked
to take adequate measures to restore the desired level
Constitution of Committed
 Both boards can constitute many committees
consisting wholly of members and wholly of
other persons.
13. Constitution of Joint Board.
—(
 1) Notwithstanding anything contained in this
Act, an agreement may be entered into—
 (a) by two or more Governments of contiguous
States, or
 (b) by the Central Government (in respect of
one or more Union territories) and one or more
Governments of States contiguous to such
Union territory or Union territories,
 Consent of the State Board is necessary to discharge sewage
 Section 25 of the Water (Prevention & Control of Pollution)
Act, 1974 states that Prior Consent of the State Board under
section 25 is necessary to set up any industry, plant or process
which is likely to discharge sewage or trade effluent into a
stream or well or sewer or on land or bring into use any new
or altered outlets for the discharge of sewage or begin to make
any new discharge of sewage. The section further states that
every State Board is liable to maintain a register containing
particulars or conditions imposed under the section related to
any outlet, or to any effluent, from any land or premises which
must be open to inspection by the state board.
 Section 24 and 43 of the Water (Prevention & Control of
Pollution) Act, 1974 relate to prohibition on use of stream or
well for disposal of polluting matter and penalty for
contravention thereof Under the scope of the provision, no
person shall knowingly cause or permit any poisonous,
noxious or polluting mater as determined by the State Board
to enter into any stream or sewer or on land. Anyone failing
to abide by the laws of under is liable for imprisonment
under Section 24 & Section 43 ranging from not less than one
year and six months to six years along with monetary fines.
The section further states that No person shall knowingly
cause or permit to enter any other matter which may impede
the flow of water of the stream causing pollution of any kind.
 Penalties and fines
 Section 42 of the of the Water (Prevention & Control
of Pollution) Act, 1974 states penalties and fines for
certain acts including pulling down pillars,
Obstructs any person acting under the orders or
direction of the Board, Damages any works or
property belonging to the Board and Failure to
furnish any officer other employee of the Board any
information required. The fine and penalty includes
Imprisonment for a term which may extend up to
three months or with fine to Rs. 10,000/- or both.
 River Action Plan
 CPCB identified polluted water bodies which
leads to formulation of action plan for
restoration of the water body
 Based on this recommendation, Ganga Action
Plan was launched in 1986
 GAP
 To restore by interception, diversion and treatment of
waste water from cities and towns located along the
river .
 oversee the implementation of GAP- National River
Conservation Authority
Objectives of Ganga Action
Plan
  Improve the of Ganga to acceptable standards by preventing the
pollution load reaching the river.
 Control of non-point pollution from agricultural run off, human
defecation, cattle wallowing and throwing of unburnt and half burnt
bodies into the river.
 Research and Development to conserve the biotic, diversity of the river to
augment its productivity.
 New technology of sewage treatment like Up-flow Anaerobic Sludge
Blanket (UASB) and sewage treatment through afforestation has been
successfully developed.
 Rehabilitation of soft-shelled turtles for pollution abatement of river have
been demonstrated and found useful.
 Resource recovery options like production of methane for energy
generation and use of aquaculture for revenue generation have been
demonstrated.
 To act as trend setter for taking up similar action plans in other grossly
polluted stretches in other rivers.