WATER ACT, 1974 – PENALTIES AND PROCEDURE

A project submitted to:

ARMY INSTITUTE OF LAW MOHALI

IN THE PARTIAL FULFILLMENT OF THE REQUIREMENT FOR THE

AWARD OF DEGREE OF B.A.L.L.B

SUBMITTED TO: SUBMITTED BY:

Dr PUJA JAISWAL DIYA NANDA

(Assistant prof. of Law) (2199)

PUNJABI UNIVERSITY, PATIALA

SESSION- 2023
 DECLARATION

It is certified that the project work presented in this report entitled “WATER ACT, 1974 –
PENALTIES AND PROCEDURE” embodies the result of original work carried out by me.
All ideas and references have been duly acknowledged.

Diya Nanda

2199
 ACKNOWLEDGEMENT

In preparation of my assignment, I had to take the help and guidance of some respected
people who deserve my deepest gratitude. As the completion of this assignment gave me
much pleasure, I would like to show my gratitude towards Dr Puja Jaiswal for giving me
guidance for assignment throughout numerous consultations. I would like to extend my
gratitude to all those who have directly and indirectly guided me in writing this assignment.

I would like to thank my family and peers, whose constant encouragement kept me
motivated to work towards the completion of this project. I would also like to extend my
gratitude towards the “Army Institute of Law, Mohali” and Dr. TEJINDER KAUR, the
Principal , Army Institute of Law, Mohali for giving me this opportunity of making a project
on such an interesting and engaging topic.
 INTRODUCTION

The Act came into force in 1974 and is applicable to the states of Assam, Bihar, Madhya Pradesh,
Gujrat, Haryana, Tripura, West Bengal, Jammu and Kashmir, Rajasthan, Kerala, and the union
territories. It could also be adopted by any state through a resolution passed declaring to adopt the
Act. The Water (Prevention and Control) Act, 1974 was introduced to prevent and control water
pollution and to restore and maintain the wholesomeness of water for the establishment.

The prime object of this Act is to provide for the prevention of water pollution and cater to
the maintenance of the water bodies and carry out activities to promote restoration of water.
With the objective of giving practical implementation to this Act, the Central Pollution
Control Board and the State Pollution Control Board have been established by the central and
state authorities.The Central Pollution Control Board is to promote the cleanliness of streams
and wells in different areas of the state. The Central Pollution Control Board has the power to
advise the central government on various matters, which are concerned with the prevention
and control of pollution of water. Under the Act mentioned above, the board has the power to
encourage and conduct research and investigation with a view of promoting, the prevention
of contamination of water in a significant manner. The Water (Prevention and Control of
Pollution) Act, 1974, enacted in India, has several main objectives:

1. Prevention and Control of Water Pollution: The primary objective of the act is to prevent and
control water pollution. It empowers regulatory authorities to take measures to ensure that
water bodies are not polluted beyond permissible limits.

2. Establishment of Central and State Pollution Control Boards: The act establishes central
and state pollution control boards to implement its provisions and coordinate pollution
control activities.

3. Setting Water Quality Standards: It provides for the setting of water quality standards to
specify the maximum permissible limits of various pollutants in different water bodies.

4. Regulation of Discharge: The act regulates the discharge of pollutants into water bodies
through permits and consent mechanisms. It requires industries and individuals to obtain
consent before discharging effluents into water bodies.
5. Inspection and Monitoring: It authorizes the pollution control boards to inspect and
monitor pollution sources and take appropriate action against violators.

6. Penalties and Enforcement: The act prescribes penalties for non-compliance with its
provisions, including fines and imprisonment for offenders.

7. Promotion of Research and Development: It encourages research and development in the

field of water pollution control and management.

8. Public Awareness and Participation: The act promotes public awareness and participation
in efforts to prevent and control water pollution.
 BASIC DEFINITIONS

Section 2 of the Act contain certain definitions:

1. “Board “ means either the central board or the state board.

2. Section 2 (e) of the Act defines what is pollution, according to Section 2(e)
pollution means any contamination of water or alteration of the physical, chemical
and biological properties of water or disposing of any sewage waste in water
which is likely to cause nuisance or renders such water to be harmful to public
health or safety or to domestic, industrial or other legitimate use or harmful to the
life and health of the animals and aquatic plants.
3. Includes- watercourse (flowing or dry), inland water whether natural or artificial,
subterranean water or sea or tidal waters as the state may prescribe from time to
time.
4. According to Section 2 (b) Central Board means Central Pollution Control Board.
5. According to Section 2 (h) State Board means State Pollution Control Board.

Central Board

Constitution and Composition (Section 3)

The Central Government through a notice in the official gazette has the power to assign or set
up a Central Board named as Central Pollution Control Board. As far as the composition of
the board is concerned the Central Board is to contain the following members:

1. A chairman who has the knowledge or has practical experience in dealing with
cases relating to environmental protection. The chairman is to be appointed by the
central government only.
2. Not more than 5 officials to represent the central government.
3. Not more than 5 members to be nominated by the central government from the
members of the State Board.
 4. Maximum 3 members appointed by the central government to represent the
interests of agriculture, fisheries, trade or any other interest as the government may
seem fit.
5. 2 persons to represent the companies or corporations owned, controlled or by the
central government.
6. A full-time member secretary having complete knowledge, experience and
qualification of scientific management and prevention of environmental pollution.

Functions of Central Board (Section 16)

1. Advise the Central Government on any matter concerning the prevention and
control of water pollution.
2. Coordinate the activities of the State Boards and resolve disputes among them.
3. 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.
4. Plan and organize the training of persons engaged or to be engaged in for the
prevention, control or abatement of water pollution on such terms and conditions
as the Central Board may specify.
5. Organize through mass media a comprehensive program regarding the prevention
and control of water pollution.

State Board- State Pollution Control Board

Constitution and Composition (Section 4)

1. The state government through an official notice in the Gazette has the power to
assign or set up a state board named as State Pollution Control Board. The
composition of the state board is as follows:

1. A Chairman who either has the knowledge or some experience in dealing with
cases relating to environmental pollution.
 2. Not more than 5 members appointed by the state government to represent the
government.
3. Not more than 2 persons by the state government who are functioning as members
of the local authorities within the state
4. Not more than 3 persons nominated by the state government to represent the
interest of fisheries, agriculture, trade and any other interest as the government
may seem fit.
5. 2 persons from companies, corporations which are either controlled, owned or
managed by the state.
6. A member secretary who has the knowledge, qualifications, and experience in
dealing with cases pertaining to environmental pollution.

Functions of State Board (Section 17)

1. To plan a comprehensive program for preventing and controlling the pollution of

the wells and streams in the state and to secure its execution.
2. To advise the State Government on matters relating to prevention and controlling
water pollution.
3. Collaborating with the central board to train persons employed or to be employed
in preventing, controlling water pollution.
4. To lay down, modify the effluent standards of sewage and trade effluents and for
the quality of receiving water resulting from the discharge of effluents and to
classify waters of the state.
5. To evolve methods of utilizing the sewage and suitable trade effluents in
agriculture.
6. The state Board has the authority to set up laboratories to enable the board to
perform its function efficiently, including collecting samples of water from any
stream or sewage or trade effluents.

Prevention and Control of Water Pollution

According to Section 19 of the Act, the state board has the power to limit the territorial
jurisdiction of any order passed by it in matters relating to prevention and controlling water
pollution. This means that the orders passed by the state board will only apply in the areas
that are affected by water pollution .it is up to the state board to determine which area is to be
declared water polluted and which is not, this can be done by making reference to a map or
making reference to a line of any watershed or the boundary of any district.

According to Section 20 of the Act, the state board also has the power to inspect any land,
conduct surveys or gauge in an area if it thinks fit for controlling or preventing water
pollution. It can also ask any company, industry to dispose of the information pertaining to
the construction, installation, and operation of its establishment. Section 21 of the Act
empowers the state board or any employee on its behalf to analyze any stream or well for the
purpose of preventing and controlling water purpose.

The state board also has the power to stop any person to enter into any poisonous, noxious or
polluting matter determined in accordance with the standards laid down in the Act. According
to Section 25, no person is allowed to set up an industry or start a new operation or processor
to any treatment of sewage without prior approval of the state board, the state board may
grant him a notice of approval and only after that he is entitled to continue or start a new
business.

If a person starts a new operation before prior approval of the board, the board may impose
any conditions as it may think fit for not obtaining notice of approval. Section 27 of the Act
gives power to the state board not to grant any notice for setting up an industry or
continuation of an existing operation. If the company has been granted permission with some
conditions attached, the state board has the power to review those conditions which it
attached before giving the notice of approval.

PENALTIES
The Water (Prevention and Control of Pollution) Act, 1974, contains specific sections
outlining penalties and procedures for violations related to water pollution. Here are some of
the key sections along with penalties and procedures:

Penalties:

 Section 24: This section deals with penalties for contravention of provisions regarding
the discharge of pollutants in excess of the prescribed standards. It states that any
person who contravenes these provisions shall be punishable with imprisonment for a
term that may extend to 6 years or with a fine that may extend to one lakh rupees, or
with both. For a subsequent offense, the imprisonment may extend to 7 years.
 Section 25: This section deals with penalties for failure to comply with the directions
of the Central or State Pollution Control Boards. It states that any person who fails to
comply with these directions shall be punishable with imprisonment for a term that
may extend to 3 months or with a fine that may extend to ten thousand rupees, or with
both. For a subsequent offense, the imprisonment may extend to 6 months.
 Section 43: This section deals with penalties for obstructing or impersonating
authorized officers. It states that any person who obstructs or impersonates an
authorized officer shall be punishable with imprisonment for a term that may extend
to 3 months or with a fine that may extend to ten thousand rupees, or with both.

Procedure:

 Section 33: This section deals with the power to take samples and analyze them.
Authorized officers have the power to take samples of water or effluents for analysis,
and the results of such analysis can be used as evidence in legal proceedings.
 Section 24A: This section deals with the procedure for the prosecution of offenses. It
outlines that no court shall take cognizance of any offense under this act except on a
complaint made by the Central or State Pollution Control Board or any officer
authorized by them.
 Section 31: This section deals with the issuance of closure orders. If a person is found
to be discharging pollutants in excess of prescribed standards, the pollution control
board may issue an order directing the person to discontinue or regulate the discharge.
 Section 33A: This section allows the Central or State Pollution Control Board to
conduct inquiries in cases of substantial damage to the environment. They can order
compensation to be paid by the offender to the person affected.