Table of Contents

Introduction

The Water Prevention and Control of Pollution Act is a law enacted by the Indian Parliament in 1974. The primary purpose of this Act is to prevent and control water pollution, and to maintain or restore the purity (wholesomeness) of water bodies across the country. Before this Act, there were no specific regulations to address the growing issue of water pollution caused by the discharge of untreated sewage and industrial effluents into water sources. This Act paved the way for the establishment of regulatory bodies like the Central Pollution Control Board and State Pollution Control Boards to monitor and enforce measures to tackle water pollution effectively.

The Central & state Boards for Prevention & Control of Water Pollution under The Water Prevention and Control of Pollution Act

The Act provides for the establishment of Central and State Boards for the prevention and control of water pollution.

Central Pollution Control Board (CPCB)

The Central Government is required to constitute a Central Pollution Control Board (CPCB) within six months of the commencement of the Act. The CPCB consists of the following members:

A full-time Chairman, who is an expert in environmental protection or administration of institutions related to environmental matters.
Up to five officials nominated by the Central Government to represent it.
Up to five members nominated by the Central Government from the State Boards, with a maximum of two from non-official members of the State Boards.
Up to three non-officials nominated by the Central Government to represent interests such as agriculture, fishery, industry, or trade.
Two representatives of companies or corporations owned, controlled, or managed by the Central Government.
A full-time Member Secretary with expertise in scientific, engineering, or management aspects of pollution control.

The CPCB is a body corporate with perpetual succession and a common seal, capable of acquiring, holding, and disposing of property, and can sue or be sued.

State Pollution Control Boards (SPCBs)

The State Governments are required to constitute State Pollution Control Boards (SPCBs) within a specified timeframe. The composition of an SPCB is similar to that of the CPCB, with the following members:

A Chairman, who is an expert in environmental protection or administration of institutions related to environmental matters.
Up to five officials nominated by the State Government to represent it.
Up to five members nominated by the State Government from local authorities within the state.
Up to three non-officials nominated by the State Government to represent interests such as agriculture, fishery, industry, or trade.
Two representatives of companies or corporations owned, controlled, or managed by the State Government.
A full-time Member Secretary with expertise in scientific, engineering, or management aspects of pollution control.

The SPCBs are also bodies corporate with perpetual succession and a common seal, capable of acquiring, holding, and disposing of property, and can sue or be sued.

The Act lays down the terms and conditions of service for the members, provides for the constitution of committees, and allows the Boards to associate with persons for specific purposes. The Boards can appoint officers and employees, and the member-secretaries exercise powers and perform duties as prescribed or delegated by the Boards.

Join Boards under The Water Prevention and Control of Pollution Act

One of the key features of this Act is the provision for constituting Joint Boards to tackle water pollution issues that span across multiple states or union territories.

What are Joint Boards?

Joint Boards are special bodies that can be formed through an agreement between two or more neighbouring state governments or between the central government (for one or more union territories) and one or more neighbouring state governments. These boards are specifically designed to address water pollution problems that transcend state or territorial boundaries.

How are Joint Boards Formed?

The process of forming a Joint Board begins with an agreement between the participating states or the central government and participating states/union territories. This agreement outlines the specific details of the Joint Board, including:

The duration for which the Joint Board will operate and the provisions for renewal.
Assign financial responsibilities among participating entities.
The division of powers and functions related to the implementation of the Water Act.
Consultation and coordination mechanisms between participating entities.

Once the agreement is finalised, it is published in the official gazettes of the participating states or union territories.

Composition of Joint Boards:

Joint Boards have a well-defined composition to ensure effective representation and decision-making. They typically consist of:

A full-time chairperson with expertise in environmental protection or related fields, nominated by the central government.
Officials nominated by the participating state governments or the central government (for union territories).
Representatives from local authorities within the participating states or union territories.
Non-official members representing various interests such as agriculture, fisheries, industry, trade, or other relevant sectors.
Representatives from companies or corporations owned, controlled, or managed by the participating entities.
A full-time member-secretary with qualifications and experience in scientific, engineering, or management aspects of pollution control, appointed by the central government.

Powers and Functions:

Joint Boards are vested with similar powers and functions as State Pollution Control Boards, with some exceptions. The central government has the authority to issue directions to Joint Boards on matters pertaining to multiple states or union territories, while state governments can issue directions only on matters within their exclusive territorial jurisdiction.

The primary objective of Joint Boards is to coordinate and implement effective measures for preventing and controlling water pollution across participating states or union territories. They play a crucial role in ensuring consistent and comprehensive water pollution control efforts in areas where water bodies or pollution sources span multiple jurisdictions.

Need for Joint Boards:

Water pollution often transcends political boundaries, as rivers, lakes, and other water bodies can flow through multiple states or union territories. Pollutants discharged in one region can affect water quality in another region downstream. This interconnectedness necessitates a coordinated approach to tackle water pollution effectively. Joint Boards serve as a mechanism to facilitate inter-state or inter-territorial cooperation and ensure a comprehensive strategy for water pollution control.

Formation Process:

The process of forming a Joint Board involves the following steps:

Initiation: The process begins with the recognition of a need for a Joint Board by the participating states or the central government (for union territories). This could arise due to shared water resources, transboundary pollution issues, or the need for a unified approach to water management.
Agreement: The participating entities enter into a formal agreement, outlining the terms and conditions for the establishment and functioning of the Joint Board. This agreement specifies the duration of the Joint Board, the financial arrangements, the division of powers and responsibilities, and provisions for consultation and coordination.
Publication: Once the agreement is finalised, it is published in the official gazettes of the participating states or union territories, giving it legal validity and making it accessible to the public.

Composition and Representation:

The composition of Joint Boards ensures diverse representation and expertise. In addition to the chairperson, member-secretary, and government officials, the inclusion of representatives from local authorities, non-governmental sectors (agriculture, fisheries, industry, trade), and companies or corporations owned by the participating entities brings a wide range of perspectives and stakeholder interests to the table.

Powers and Functions:

Joint Boards exercise powers and functions similar to State Pollution Control Boards, including:

Planning and executing programs to prevent, control and reduce water pollution.
Advising the participating entities on matters related to water pollution control and coordinating their activities.
Conducting research and investigations related to water pollution and its effects.
Collecting and disseminating data and information related to water pollution.
Inspecting and monitoring water sources, effluent discharges, and treatment facilities.
Enforcing standards and regulations for the prevention and control of water pollution.
Issuing directions and taking legal action against non-compliance with the provisions of the Water Act.

Jurisdictional Considerations:

While Joint Boards have jurisdiction over matters involving multiple states or union territories, there are specific provisions to address jurisdictional boundaries:

The central government has the authority to issue directions to Joint Boards on matters pertaining to multiple states or union territories.
State governments can issue directions to Joint Boards only on matters within their exclusive territorial jurisdiction.

This division of powers ensures that the central government can provide overarching guidance and coordination on inter-state or inter-territorial issues, while state governments retain their authority over matters within their respective boundaries.

Key Amendment Provisions under The Water Prevention and Control of Pollution Act

India has recently amended its Water Protection and Conservation Act to introduce several significant changes aimed at streamlining regulations and promoting compliance. Here are the key provisions you need to know:

Decriminalising Minor Offences: The amendments focus on decriminalising minor offences related to water pollution. This means that individuals or businesses will no longer face the fear of imprisonment for technical or procedural lapses that may have previously been considered criminal offences. Instead, the penalties will be aligned with the severity of the offences, making it easier for stakeholders to follow the regulations without facing disproportionate consequences.
Exemptions for Certain Industrial Plants: The amended law empowers the central government to exempt specific categories of industrial plants from certain statutory restrictions, such as those related to the establishment of new outlets and discharges. This provision aims to streamline regulatory processes, reduce duplication of surveillance efforts, and alleviate unnecessary burdens on regulatory agencies, thereby promoting efficiency.
Enhanced Regulatory Oversight: The amendments introduce measures to enhance regulatory oversight and standardisation across states. The central government will now have the authority to prescribe guidelines for the nomination of chairpersons of State Pollution Control Boards and issue directives regarding the grant, refusal, or cancellation of industry-related consents.

Additionally, the amendments provide certain mandatory qualifications, experience, and procedures to ensure fair appointment of chairpersons. This move is designed to ensure consistent and effective implementation of water protection laws across different states.

Power & Functions of Boards under The Water Prevention and Control of Pollution Act

The Water (Prevention and Control of Pollution) Act, 1974, provides for the establishment of boards at the central and state levels to tackle the issue of water pollution in India. These boards play a crucial role in implementing the provisions of the Act and ensuring effective measures for preventing and controlling water pollution.

Central Pollution Control Board (CPCB): The Central Pollution Control Board (CPCB) is the apex body responsible for promoting cleanliness of streams and wells across different areas of the states. Its main functions include:

Advising the Central Government on matters related to water pollution prevention and control.
Coordinating the activities of State Pollution Control Boards and resolving disputes among them.
Providing technical assistance and guidance to State Boards, conducting research, and sponsoring investigations related to water pollution.
Planning and organising training programs for personnel involved in water pollution prevention and control efforts.
Organising public awareness campaigns through mass media on water pollution prevention and control.
Collecting, compiling, and publishing technical and statistical data related to water pollution and its control measures.
Laying down, modifying, or annulling standards for streams or wells, taking into account factors like water quality, flow characteristics, and intended use of the water.
Planning and executing a nationwide program to prevent, control or reduce water pollution.

State Pollution Control Boards (SPCBs): The State Pollution Control Boards (SPCBs) play a pivotal role in implementing the provisions of the Act at the state level. Their functions include:

Planning and executing a comprehensive program to prevent, control or reduce water pollution in the state.
Advising the State Government on matters related to water pollution prevention, control, or abatement.
Collecting and disseminating information related to water pollution and its prevention, control, or abatement.
Encouraging, conducting, and participating in investigations and research related to water pollution problems.
Collaborating with the CPCB in organising training programs and mass education campaigns on water pollution prevention and control.
Inspecting sewage or trade effluents, treatment plants, and reviewing plans and specifications related to water treatment and disposal systems.
Laying down, modifying, or annulling effluent standards for sewage and trade effluents, and the quality of receiving waters.
Evolving economical and reliable methods for the treatment of sewage and trade effluents, considering local conditions and water resources.
Developing methods for the utilisation of sewage and trade effluents in agriculture and efficient disposal methods on land.
Issuing orders for the prevention, control, or abatement of waste discharges into streams or wells, and requiring the construction or modification of sewage and effluent disposal systems.
Advising the State Government on the location of industries that may cause water pollution.

Powers and Directions: Both the CPCB and SPCBs are bound by the directions issued by the respective central or state governments in writing. In case of inconsistency between directions from the central and state governments, the matter is referred to the Central Government for a final decision.

The Central Government also has the power to direct the CPCB to perform any functions of a defaulting State Board in case of a grave emergency arising due to non-compliance with directions from the CPCB.

Prevention & Control of Pollution under The Water Prevention and Control of Pollution Act

Restricting Application to Certain Areas (Section 19):

This provision allows the State Government to restrict the application of the Act to specific areas declared as “water pollution prevention and control areas”. This targeted approach enables focused efforts in areas with higher pollution levels or greater vulnerability. The designated areas can be defined by reference to maps, watersheds, district boundaries, or a combination. The State can alter these areas by extending, reducing, merging, or redefining them as needed.

Obtaining Information (Section 20):

To perform its functions, the State Board can conduct surveys, gauge water flow and characteristics, measure rainfall, and install necessary equipment within any area. This information gathering is crucial for assessing pollution levels, identifying sources, and developing mitigation strategies.

The Board can also direct any person abstracting substantial water quantities or discharging sewage/effluents to provide relevant information. This power ensures transparency and enables the Board to monitor and regulate water usage and discharges effectively.

Sampling and Analysis (Sections 21 & 22):

The State Board can take samples of water, sewage, or trade effluents from any stream, well, plant, vessel, or place for analysis. Strict procedures are prescribed, including serving notices, dividing and sealing samples, sending them to recognized laboratories, and analysing results. If there are discrepancies between different laboratory analyses, the report from a specified laboratory prevails.

This rigorous sampling and analysis process ensures the reliability and admissibility of evidence in legal proceedings, enabling effective enforcement and penalization of offenders.

Entry, Inspection, and Seizure (Section 23):

Authorised persons from the State Board have the right to enter any place, with necessary assistance, to perform their functions, determine compliance, examine plants/records, conduct searches, and seize materials related to offences under the Act. This power enables on-site inspections, monitoring, and evidence gathering, which are crucial for enforcing the Act’s provisions.

Prohibition on Polluting Discharges (Section 24):

The Act prohibits anyone from knowingly causing or permitting the entry of poisonous, noxious, or polluting matter into streams, wells, sewers, or land, as determined by the State Board’s standards. It also prohibits the discharge of any matter that may impede the proper flow of water in streams, leading to aggravated pollution.

This provision aims to prevent direct and indirect pollution of water bodies and land, safeguarding public health and the environment. Certain exemptions are provided for specific activities, such as construction, land reclamation, or deposition of natural materials, subject to conditions.

Consent for New Discharges (Section 25):

No person can establish or take steps to establish any industry, operation, process, treatment system, or extension thereof likely to discharge sewage or trade effluents without prior consent from the State Board. Similarly, consent is required for bringing into use any new or altered outlet for discharge or beginning any new discharge.

This consent system enables the State Board to regulate and impose conditions on new establishments or discharges, ensuring compliance with pollution control standards and minimising environmental impact.

Refusal, Review, and Withdrawal of Consent (Section 27):

The State Board can refuse consent for the establishment of any industry, operation, process, treatment system, or outlet if it does not follow the conditions imposed by the Board. The Board can also review and vary or revoke any condition imposed while granting consent.

This provision ensures that the Board can exercise continuous oversight and make necessary adjustments to consent conditions based on evolving circumstances, compliance levels, or environmental considerations.

Appeals and Revisions (Sections 28 & 29):

Aggrieved parties can appeal against orders made by the State Board to an appellate authority constituted by the State Government. The appellate authority can annul, substitute, or vary the conditions imposed by the Board if found unreasonable.

Additionally, the State Government has the power to call for records and revise any order made by the State Board to ensure legality and propriety.

These provisions provide a mechanism for redressal and correction, ensuring fairness and accountability in the implementation of the Act.

Emergency Measures and Court Applications (Sections 32 & 33):

In cases of actual or apprehended pollution, the State Board can take immediate actions, such as removing polluting matter, remedying pollution, and issuing restraining orders. The Board can also approach courts to obtain orders restraining persons from causing apprehended pollution.

These emergency powers enable prompt action to mitigate and prevent pollution, safeguarding water resources and the environment from imminent threats.

Directions from the Board (Section 33A):

Notwithstanding any other law, the State Board can issue directions in writing to any person, officer, or authority regarding the exercise of its powers and functions under the Act. These directions may include closure, prohibition, or regulation of industries, operations, or processes, and the stoppage or regulation of electricity, water, or other services.

This overarching power enables the State Board to take decisive actions and issue binding directions to enforce compliance and prevent or control pollution effectively.

Funds, Accounts And Audit under The Water Prevention and Control of Pollution Act

To ensure effective implementation of the Water Prevention and Control of Pollution Act, the government has established the Central Board and State Boards, which play pivotal roles in addressing water pollution issues across the country.

Funding the Boards’ Operations

The Central Board and the State Boards require substantial funds to carry out their wide-ranging responsibilities effectively. These funds are provided through contributions from the respective governments – Central and State. The Central Government allocates funds to the Central Board through due appropriation made by the Parliament, while the State Governments contribute to their respective State Boards after proper appropriation by the State Legislatures.

In addition to government contributions, the Boards can also receive funds through various other sources, such as gifts, grants, donations, benefactions, and fees collected for certain services rendered. All these funds are deposited into the respective Board’s dedicated fund, which serves as the primary source for financing their operations and activities related to water pollution prevention, control, and abatement.

Managing the Finances

To ensure transparency and accountability in financial management, each Board is required to prepare an annual budget, detailing their estimated receipts and expenditures for the upcoming financial year. These budgets are meticulously prepared in the prescribed format and submitted to the respective governments for review and approval.

The Boards have the flexibility to utilise their funds as they deem fit, subject to the provisions of the Act and any other relevant laws. This includes spending on various functions related to water pollution prevention, control, and abatement, and any other responsibilities assigned to them under applicable laws, such as those related to air pollution control.

Borrowing Powers

In addition to the funds received from the government and other sources, the Boards also have the authority to borrow money, with the consent of the respective government. This borrowing can be done through various financial instruments, such as loans, bonds, debentures, or other instruments deemed fit by the Boards. This provision enables the Boards to access additional resources when needed, ensuring they have the necessary funds to carry out their functions effectively.

Accounts and Audit

To maintain transparency and ensure proper financial management, the Boards are required to maintain proper accounts and other relevant records. They must prepare an annual statement of accounts in the prescribed format, which is then subjected to an independent audit by a qualified auditor.

The respective government appoints the auditor, based on the advice of the Comptroller and Auditor General of India. The auditor must be duly qualified to act as an auditor of companies under the Companies Act. The auditor has the right to demand the production of books, accounts, connected vouchers, and other relevant documents, and inspect any of the Boards’ offices.

After completing the audit, the auditor submits a report, along with the audited copy of the accounts, to the respective government. The Central Government is required to present the audit report before both Houses of Parliament, while the State Governments must lay the report before their respective State Legislatures.

Penalties And Procedure under The Water (Prevention and Control of Pollution) Act

The Water ( Prevention and Control of Pollution) Act establishes pollution control boards at the central and state levels, empowering them to implement measures for preventing and controlling water pollution. To ensure compliance, the act outlines strict penalties and procedures for violations.

Penalties for Non-Compliance:

Failure to follow directions or orders: The act requires individuals and organisations to follow directions or orders issued by the pollution control boards. Failure to do so within the specified time can cause imprisonment of up to three months, a fine of up to Rs. 10,000, or both. If the non-compliance continues even after conviction, an additional fine of up to Rs. 5,000 per day can be imposed.
Non-compliance with specific orders: Failing to follow orders related to restricting or prohibiting the discharge of pollutants, or with directions from courts or pollution control boards, can lead to more severe penalties. The punishment in such cases can be imprisonment of not less than one year and six months but extendable up to six years, along with a fine. If the non-compliance persists, an additional fine of up to Rs. 5,000 per day can be levied.
Obstructing officials or providing false information: Actions like obstructing officials from performing their duties under the act, damaging property belonging to the pollution control board, or providing false information can cause imprisonment of up to three months, a fine of up to Rs. 10,000, or both.
Violating consent provisions: The act requires individuals and organisations to obtain consent from the pollution control boards before discharging pollutants into water bodies. Violating these consent provisions can lead to imprisonment of not less than one year and six months but extendable up to six years, along with a fine.
Subsequent offences: For repeat offenders, the penalties become more stringent. If convicted again for the same offence, the punishment can be imprisonment of not less than two years but extendable up to seven years, along with a fine. However, this enhanced penalty is applicable only if the subsequent offence occurs within two years of the previous conviction.

Procedures for Prosecution:

Complaint filing: No court can take cognizance of an offence under this act unless a complaint is filed by the pollution control board or an authorised officer. Additionally, any person can file a complaint after giving at least 60 days’ notice of the alleged offence and their intention to file a complaint to the pollution control board.
Court jurisdiction: Offences punishable under this act can be tried by a Metropolitan Magistrate or a Judicial Magistrate of the first class or higher. These courts have the authority to impose sentences exceeding two years of imprisonment or fines exceeding Rs. 2,000, which is higher than the general limitations for lower courts.
Corporate liability: If an offence is committed by a company, not only the company but also the individuals responsible for the company’s conduct at the time of the offence can be held liable and punished accordingly. This includes directors, managers, secretaries, or other officers of the company, provided their consent, connivance, or negligence is proven.
Government department liability: If an offence is committed by a government department, the head of that department can be held liable and punished, unless they can prove their lack of knowledge or due diligence to prevent the offence.
Publication of offenders’ names: In cases where a convicted offender commits a similar offence again, the court has the power to publish the offender’s name, place of residence, offence details, and the penalty imposed at the offender’s expense in newspapers or other mediums.

Conclusion

In conclusion, The Water (Prevention and Control of Pollution) Act is a crucial piece of legislation that aims to protect our nation’s water resources from harmful pollution. This act sets standards for the discharge of pollutants into water bodies and establishes a permitting system to regulate these discharges. By enforcing these regulations, the act helps to safeguard the quality of our rivers, lakes, and streams, ensuring that they remain clean and safe for human use and aquatic life.

Moreover, The Water (Prevention and Control of Pollution) Act promotes the development of waste treatment facilities and encourages the adoption of best practices for pollution control. It also provides funding and support for research and development initiatives that can lead to more effective pollution prevention strategies.

Ultimately, this act plays a vital role in maintaining the delicate balance of our water ecosystems and preserving the health of our communities. By working together to comply with its provisions, we can ensure that our water resources remain a precious and sustainable asset for generations to come.

Important Note: This article is for informational purposes and does not constitute legal advice. Please consult a qualified legal expert for advice tailored to your specific situation.

Water (Prevention and Control of Pollution) Act, 1974