1 Water (Prevention & Control of Pollution) Act, 1974
2 Main Objectives a)To provide for the prevention and control of water pollution and maintaining or restoring of wholesomeness of water; b)To establish Central and State Pollution Control Boards for prevention and control of water pollution; c)To provide for conferring on and assigning to such Boards powers and functions relating to and for matters connected therewith; d)To provide for penalties for contravention of the provisions of the Act; and e)To establish Central and State water testing laboratories to enable the Board to assess the extent of pollution, lay down standards and establish guilt or default.
3 Water (Prevention & Control of Pollution) Act, 1974 Section 2 (a): ‘Board’ means Central or State Board Section 2 (b): “Central Board”: constituted under Section 3 Section 2 (h): “State Board”: constituted under Section 4 Section 2 (d): “Occupier”: for factory or premises: person who has control over the affairs of the said factory or premises and includes the person in possession of the substance
4 Water (Prevention & Control of Pollution) Act, 1974 Section 2 (e): “Pollution” means i.contamination of water, or ii.such alteration of physical, chemical or biological properties of water, or iii.such discharge of any trade effluent or other liquid or gaseous or solid substance into water, or iv.likely to create any nuisance or render it harmful or injurious to public health or safety, or v.render it harmful to domestic, commercial, industrial, agricultural, or other legitimate uses, or to life and health of animals or plants or of aquatic organisms
6 Water (Prevention & Control of Pollution ) Act, 1974 Prohibition of disposal of polluting matter to a stream or well or river or sewer or on land is the key to the regulatory system under the Water Act. No person shall knowingly cause or permit poisonous, noxious or polluting matter to enter into a stream or well or sewer or land. Its violation is against public interest and attracts penal consequences (mens rea and knowledge about the said offence are important)
7 Water (Prevention & Control of Pollution) Act, 1974 But this prohibition is not absolute Law allows discharge of pollutants in the water after their treatment No person, without obtaining the consent of the State Boards established under the Water Act, can establish or take steps to establish any industry etc., which is likely to discharge sewage or trade effluents An application for obtaining the consent of the State Board has to be made by the person who intends to establish any industry or to carry out an operation or treatment. Violation of this may lead to withdrawal of consent and to prosecution
8 Working of the Act ‘Water’ a State subject placed under Entry 17, List II of VII Schedule of Constitution of India Therefore, only State Govt has powers to make enactment or rules or establish pollution control boards for the prevention and control of water pollution in the States a)Parliament had no power to enact legislation or rules or establish pollution control boards on such a matter, unless desired by 2 or more States, enabling the Parliament to make laws for the States (Article 252 (1)
9 Working of the Act b) Parliament can also legislate or make rules or establish pollution control boards with respect to ‘water’ in the State List – in national interest, if Rajya Sabha decides by not less than 2/3 rd majority of members present and voting (Article 249) c) Parliament can also legislate or make rules or establish pollution control boards with respect to ‘water’ in the State List – if a proclamation of emergency is in operation in the said State (Article 250)
10 Central Pollution Control Board Section 2 (b) + Section 3 – (1) established by Central Govt by notification in the Official Gazette, to exercise functions and powers assigned to it under this Act Members of the Board 1 +5 + 5 + 3 + 2 + one Member Secretary (Section 3 (2)
11 Members of the Central Board (Section 3 (2) 1 +5 + 5 + 3 + 2 + one Member Secretary = 17 a)1 = full time Chairman, nominated by the Central Govt, having special knowledge or practical experience of matters relating to environmental protection, or knowledge or experience in administering institutions dealing with matters of environmental protection
12 Members of the Central Board b) 5 = officials nominated by the Central Govt to represent Central Govt c) 5 = officials nominated by the Central Govt, from amongst the members of State Boards, of whom 2 shall be from local authorities functioning within that State Govt d) 3 = non-officials nominated by the Central Govt, represent the interests of agriculture, fishery, industry, trade, other interest, which ought to be represented in the opinion of the Central Govt
13 Members of the Central Board e) 2 = nominated by the Central Govt to represent the Companies or Corporations which are owned, controlled or managed by Central Govt f) Member-Secretary full time, possessing qualifications, knowledge appointed by the and experience of Central Govt scientific, engineering or management aspects of pollution control
14 State Pollution Control Board Section 2 (h) + Section 4 – (1) established by State Govt by notification in the Official Gazette, to exercise functions and powers assigned to it under this Act Members of the Board 1 +5 + 5 + 3 + 2 + one Member Secretary (Section 4 (2)
15 Members of the State Board (Section 4 (2) 1 +5 + 5 + 3 + 2 + one Member Secretary = 17 a)1 = a Chairman, nominated by the State Govt, having special knowledge or practical experience of matters relating to environmental protection, or knowledge or experience in administering institutions dealing with matters of environmental protection
16 Members of the State Board b) 5 = officials nominated by the State Govt to represent that State Govt c) 5 = officials nominated by the State Govt, from local authorities functioning within the said State to represent the said State Govt d) 3 = non-officials nominated by the State Govt, represent the interests of agriculture, fishery, industry, trade, other interest, which ought to be represented in the opinion of the State Govt
17 Members of the State Board e) 2 = nominated by the State Govt to represent the Companies or Corporations which are owned, controlled or managed by State Govt f) Member-Secretary full time, possessing qualifications, knowledge appointed by the and experience of State Govt scientific, engineering or management aspects of pollution control
18 Terms of Service Section 5 (1) - members of the Central/State Board (other than Member-Secretary) shall hold office for a period of 3 years from the date of his nomination Provided that a member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office Section 5 (3) - The Central Govt or State Govt may, if it thinks fit, remove any member of a Board before the expiry of his term of office, after giving him a reasonable opportunity of showing cause against the same.
19 Terms of Service Section 5 (4) - A member of a Board, (other than the member-secretary), may at any time resign his office by writing under his hand addressed - (a) in the case of the Chairman, to the Central Govt or State Govt or, as the case may be; and (b) in any other case, to the Chairman of the Board; and the seat of the Chairman or such other member shall thereupon become vacant
20 Terms of Service Section 5 (5) - A member of a Board, (other than the member-secretary), shall be deemed to have vacated his seat - a)if he is absent without reason, sufficient in the opinion of the Board, from three consecutive meetings of the Board; b)ceases to be a member of the State Board or or of local authority or company or corporation owned, controlled or managed by the Central/State Govt It will take effect when the Central/State Govt specifies in the Official Gazette
21 Terms of Service Section 5 (6) - A casual vacancy in a Board shall be filled by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term for which the member in whose place he was nominated Section 5 (7) - A member of a Board shall be eligible for renomination
22 Disqualifications Section 6 (1) provides that no person shall be a member of Board, who – a)is, or at any time has been adjudged insolvent or has suspended payment of his debts or has compounded with his creditors, or b)is of unsound mind declared by a competent court, c)is, or has been, convicted of an offence which, in the opinion of the Central Govt or, State Govt, involves moral turpitude, or d)is, or at any time has been, convicted of an offence under this Act, or
23 Disqualifications e) has directly or indirectly by himself or by any partner, any share or interest, in any firm or company carrying on the business of manufacture, sale or hire of machinery, plant, equipment, apparatus or fittings for the treatment of sewage or trade effluents, or f) is a director or a secretary, manager or other salaried officer or employee of any company or firm having any contract with the Board, or with the govt constituting the Board, or with a local authority in the State, or with a company or corporation owned, controlled or managed by the govt, for the carrying out of sewerage schemes or for the installation of plants for the treatment of sewage or trade effluents, or g) has so abused, in the opinion of the Central Govt or the State Govt, his position as a member, as to render his continuance on the Board detrimental to the interest of the general public.
24 Disqualifications Section 6 (2) provides that no order of removal of any member of Board shall not be made by Central Govt or State Govt unless the member concerned has been given a reasonable opportunity of showing cause against the same. Section 6 (3) provides that a member who has been removed under this section shall not be eligible for renomination as a member
25 Joint Boards Section 13 – (1) (a) – agreement entered by – 2 from adjacent State Govts (eg Uttarakhand & UP) Section 13 – (1) (b) - agreement entered by – Central Govt. (w.r.t. Union Territory) & one or more of State Govts contiguous to that Union Territory Section 14 (1) – Composition of Joint Boards – – wrt S.13 (1) (a) – a) full time Chairman – b) 2 officials from each of the participating States – to be nominated by that State Govt – c) one person to be nominated from each of the participating States from local authorities
26 Joint Boards – d) one non-official nominated by participating State Govt to represent interest of Agriculture, industry, fishery etc. – e) 2 persons nominated by Central Govt to represent companies or corporations, owned, controlled and managed by the participating State Govts. – f) a full time member secretary, appointed by Central Govt, possessing qualification, knowledge and experience of scientific, engineering or management aspects of pollution control
27 Joint Boards S. 14 (2) - wrt S.13 (1) (b) – a) one chairman – b) 2 officials nominated by the Central Govt. from Union Territories + 2 officials nominated by the State Govt. from participating State Govt. – c) one person nominated by the Central Govt. from the local authorities functioning within the said Union Territories or State Govt. – d) one non-official nominated by the Central Govt. + one person nominated by the participating State Govt. to represent interest of Agriculture, industry, fishery etc. in State Govt or Union Territory – e) 2 persons nominated by Central Govt to represent companies or corporations, owned, controlled and managed by the Central Govt.
28 Joint Boards – f) full time member secretary, appointed by Central Govt, possessing qualification, knowledge and experience of scientific, engineering or management aspects of pollution control
29 Functions of CPCB S. 16 (1) - main function – to promote cleanliness of streams and wells in different areas of the States S. 16 (2) - (a) advise the Central Govt on any matter concerning the prevention and control of water pollution; (b) co-ordinate the activities of the State Boards and resolve disputes among them; (c) 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;
30 Functions of CPCB (d) plan and organize the training of persons engaged or to be engaged in programmes for the prevention, control or abatement of water pollution on such terms and conditions as the Central Board may specify; (e) organize through mass media a comprehensive programme regarding the prevention and control of water pollution; (ee) perform such of the functions of any State Board as may be specified
31 Functions of CPCB (f) collect, compile and publish technical and statistical data relating to water pollution and the measures devised for its effective prevention and control and prepare manuals, codes or guides relating to treatment and disposal of sewage and trade effluents and disseminate information connected therewith; (g) lay down, modify or annul, in consultation with the State Govt concerned, the standards for a stream or well: (h) plan and cause to be executed a nation-wide programme for the prevention, control or abatement of water pollution; (i) perform such other functions as may be prescribed.
32 Functions of SPCB Section 17 Section 21 – power to take samples of effluents and procedure to be followed connected therewith – (1) A State Board shall have power to take, for the purpose of analysis, samples of water from any stream or well or samples of any sewage or trade effluent which is passing from any plant or vessel or from or over any place into any such stream or well. (2) The result of any analysis is not admissible in evidence in any legal proceedings unless S.21 (3), (4), (5) complied with.
33 Power to take samples of effluents and procedure S.21 (3) – (a) person taking sample shall serve a notice on the person in charge/agent/occupier (b) divide sample into 2 parts (c) place each part in a container, mark & seal it & be signed by both (d) send one container – (i) if sample taken from UT then to laboratory established by Central Board; – (ii) in other case, to laboratory established by State Board.
34 Result of sample analyzed S.22 – (1) a report of sample analyzed be submitted in triplicate to the Central/State Board (2) one copy of this report be sent by Central/State Board to occupier/his agent + another copy be preserved for production before the court, if any legal proceedings take place + third copy be kept by the Central/State Board
35 Fixing of Standards and Criteria ‘Standard’ is defined as “a plan that is established by the Governmental Authority as a programme for prevention and control of water pollution” ‘Criteria’ means “a scientific requirement on which a decision or judgment may be based concerning the suitability of water quality to support a designated use” Thus, it is important to lay down water quality standards and criteria
36 Fixing of Standards and Criteria S.24 – Prohibition on the use of any poisonous, noxious or polluting matter into a stream or well in excess of pre- determined standards – a) no person shall knowingly cause or permit any poisonous, noxious or polluting matter, to enter into a well or stream or sewer or on land; b) no person shall knowingly cause or permit any other matter, which may tend to impede (obstruct/block) the flow of water of a stream, in a manner leading or likely to lead to a substantial aggravation of pollution
37 Application to Court S.33 – Where apprehended by a Board that water in any stream/well is likely to be polluted by reason of disposal of any matter, the Board may make an application to a court of Metropolitan Magistrate or to a Judicial Magistrate of First Class, for restraining that person who is likely to cause such pollution
38 Section 33 A Power to give directions: - the Central/State Board in exercise of its powers and functions under this Act, issue any directions in writing to any person, officer or authority and such people shall be bound to comply with such directions The Board has the power to direct – – a) the closure, prohibition or regulation of any industry, operation or process; or – b) the stopping or regulation of supply of electricity, water or any other service.
39 Penalty S. 43 – Penalty for contravention of provisions of the S.24 – Whoever contravenes provisions of S.24, shall be punishable with imprisonment for a term which shall not be less than 1 year and 6 months but which may extend to 6 years and with fine. S.45A - Penalty for contravention of provisions of this Act - Whoever contravenes any of the provisions of this Act or fails to comply with any order or direction given under this Act, shall be punishable with imprisonment which may extend to 3 months or fine which may extend to Rs 10,000 or both
40 Penalty S.45A - For continuous contravention or failure, an additional fine which may extend to Rs 5000 for every day during continuance of such contravention or failure S.49 – Cognizance of Offences – to be taken on a complaint made by – (a) a Board or any officer authorized in this behalf by it; or – (b) any person who has given notice of not less than 60 days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Board or officer authorized
41 Judicial Decisions 1)M C Mehta v. UOI, AIR 1988 SC 1037 (Kanpur Tanneries case) – a tannery business being done on the bank of river Ganga, polluted it by discharging effluent into the river without proper treatment. In this case, the failure of Kanpur Municipality to prevent waste water/trade effluent from preventing pollution of river Ganga, the SC ordered the closure of tanneries and opined that river Ganga is the purifier of all but we are now led to the situation that action has to be taken to prevent the pollution of water of river Ganga, since we have reached a stage that any further pollution of river Ganga is likely to lead to catastrophe.
42 Judicial Decisions 2) M C Mehta v. UOI, AIR 1988 SC 1115 (Ganga Pollution case) - alleged that Municipal authorities had failed to obey their statutory duties for several years on account of which the water in river Ganga at Kanpur had become so much polluted that it can no longer be used by the people either for drinking or bathing. SC opined that the nuisance caused by the pollution of river Ganga is a public nuisance, widespread in range. SC expressed its dissatisfaction over the performance of the Board constituted under the Water Act, 1974 and also of the Municipalities.
43 SC opined that Nagar Municipality of Kanpur has to bear the major responsibility for the control of pollution of river Ganga near Kanpur. SC issued certain guidelines to Nagar Municipality, State Govt and the Central Govt to take necessary and immediate steps for the control of water pollution in river Ganga. The guidelines included certain directions for having adequate provision for the treatment of trade effluents flowing out of the factory, certain actions to be taken by Municipality to prevent defecation, to arouse consciousness among the people about cleanliness of the environment. The SC ordered that licenses should not be issued to establish new industries unless adequate measures have been made for treatment of trade effluents
44 M C Mehta v. Kamal Nath, 1997 (1) SCC 388 Large area on the banks of river Beas was given on lease by HP Govt purely for commercial purposes to Motels, which converted it into private ownership Due to this the scenic beauty of the place was lost and it was used for commercial gains. SC observed that HP Govt committed breach of public trust by leasing out the ecologically fragile land to Motels, as under Public Trust doctrine the State is the trustee of all natural resources which are by nature meant for public use and enjoyment. Therefore, these public resources can’t be converted into private ownership
45 M C Mehta v. UOI, (1997) 2 SCC 715 Besides river water, water of lakes, ponds also getting polluted In this case, Badhkal Lake and Surajkund Lake in State of Haryana were intended to be preserved from pollution as these 2 lakes are of tourist importance The Central Pollution Control Board and the National Environmental Engineering Research Institute submitted their reports, upon which the SC observed that they leave no doubt that large scale construction activity on the close vicinity of 2 lakes is causing adverse impact on the local ecology, which is badly affecting the water quality
46 Re Bhavani River - Shakti Sugar Mills Ltd., 1997 (11) SCC 312 The issue pertained to pollution of river Bhavani from the effluents discharged by the industry. The Board u/s. 33-A of the Act had issued directions, which were aimed at ensuring proper storage of the effluent in lagoons and for proper treatment and disposal of the treated effluent. SC held that the violations of pollution law by the industry were serious, and the same was posing a health hazard. It directed that the industry be closed and also directed the Board to submit a compliance report within ten days.