Program- LL.B.

Semester- (I)
Course- (LB 105)
ENVIRONMENTAL LAW

Unit- IV (Session I-II)

Water Pollution, Protection and Prevention Law
By
Mr. Amarjeet Ranjan

Disclaimer: This PPT is the property of the ICFAI University, Jharkhand and can be used only for the educational purpose of the students of the University
After this session the learner will be able to:

1 Water (Prevention and control of Pollution) Act, 1974

Features of the Act

2
Water in the Constitution of India
Definitions Clause
Central Pollution Control Board
 Water (Prevention and control of Pollution) Act, 1974

INTRODUCTION:
Water is an essential element of human living. It is very useful only when it is unpolluted. It is in
short supply since 97% of world’s water constitutes seawater, which is unfit for consumption.
Polluted or contaminated water is injurious to health. In order to prevent and control the pollution
of water, the Indian Parliament passed the Water Act, 1974. The main purpose of the Water Act,
as enshrined in its preamble is:

• To prevent and control the pollution of water;

• To maintain and restore the wholesomeness of water;
• The establishment of Boards for prevention and control of water pollution; and
• To confer on such Boards, powers to prevent and control water pollution and to maintain or
restore the wholesomeness of water.
As the above objects pertain to State List, the Parliament has no power to legislate in this regard
except under Arts. 249, 250 and 252. However, the States of Assam, Bihar, Gujarat, Haryana,
Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura
and West Bengal passed a resolution under Art. 252(1), requesting the Parliament to enact a law
for prevention and control of water pollution. Consequently, the Parliament passed the Water
Act in 1974.
 Objective of Water (Prevention and control of Pollution) Act, 1974
Water (Prevention and control of Pollution) Act, 1974 (ACT NO. 6 OF 1974)
• This act was enacted on 23rd March, 1974. This Act may be called the Water (Prevention
and Control of Pollution) Act, 1974. [ACT NO. 6 OF 1974].
• An Act to provide for the prevention and control of water pollution and the maintaining or
restoring of wholesomeness of water, for the establishment, with a view to carrying out the
purposes aforesaid, of Boards for the prevention and control of water pollution, for
conferring on and assigning to such Boards powers and functions relating thereto and for
matters connected therewith.
• WHEREAS it is expedient to provide for the prevention and control of water pollution and
the maintaining or restoring of wholesomeness of water, for the establishment, with a view
to carrying out the purposes aforesaid, of Boards for the prevention and control of water
pollution and for conferring on and assigning to such Boards powers and functions relating
thereto;
• AND WHEREAS Parliament has no power to make laws for the States with respect to any of
the matters aforesaid except as provided in articles 249 and 250 of the Constitution;
• AND WHEREAS in pursuance of clause (1) of article 252 of the Constitution resolutions have
been passed by all the Houses of the Legislatures of the States of Assam, Bihar, Gujarat,
Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh,
Rajasthan, Tripura and West Bengal to the effect that the matters aforesaid should be
regulated in those States by Parliament by law.
• It enacted by Parliament in the Twenty-fifth Year of the Republic of India.

SALIENT FEATURES OF THE WATER ACT:

The Water Act comprises of 64 sections divided into 8 Chapters. Chapter-I deals with Preliminary
aspects. Chapter-II deals with Central and State Boards for Prevention and Control of Water pollution.
Chapter-Ill deals with Joint Boards. Chapter-IV contains powers and Functions of Boards. Chapter-V
deals with Prevention and Control of Water Pollution. Chapter-VI contains the provisions relating to
Funds, Accounts and Audit. Chapter-VII lays down Penalties and Procedure. Chapter-VIII contains the
Miscellaneous Provisions.
WATER IN INDIAN CONSTITUTION:
India is union of States. The constitutional provisions in respect of allocation of
responsibilities between the State and Centre fall into three categories: The Union List (List-
I), the State List (List-II) and the Concurrent List (List-III). Article 246 of the Constitution deals
with subject matter of laws to be made by the Parliament and by Legislature of the
States. As most of the rivers in the country are inter-State, the regulation and development
of waters of these rivers, is a source of inter-State differences and disputes. In the
Constitution, water is a matter included in Entry 17 of List-II i.e. State List. This entry is subject
to the provision of Entry 56 of List-I i.e. Union List.
 IMPORTANT PROVISIONS OF THE ACT:

Section-I speaks about the short title, application and commencement of the
Water Act. Section 2 defines: (a) Board, (b) Central Board, (c) Member, (d)
Occupier, (e) Pollution, (g) Sewage effluent, (h) State Board, (i) State Govt., (k)
Trade effluent etc.
(d) Occupier: in relation to any factory or premises means the person who has
control over the affairs of the factory or the premises and includes, in relation to
any substance; the person in possession of the substance.
(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.
g) Sewage effluent: means effluent from any sewerage system or sewing disposal
works and includes sullage from open drains.
 BOARDS FOR PREVENTION AND CONTROL OF WATER POLLUTION:

Chapter-II of the Water Act containing Sections 3 to 12 deals with the constitution of the
Central and State Water Pollution Boards, Service Conditions of the members, the
constitution of various committees etc.

Central Pollution Control Board: Constitution and functions

Constitution or the Central Pollution Board:

Section 3 of the Water Act, provides for the constitution of Central Board. The Central
Govt. within 6 months from the commencement of the Water Act, by notification in
Official Gazette, may appoint, constitute a Board called as the Central Pollution Control
Board in the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and
Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura, West Bengal and in the
Union Territories. It exercises such powers and functions as provided for under the Water
Act (Sec. 3(1)).
According to Sec. 3(2), the Central Board shall consist of:
1.A full-time Chairperson, an expert in environmental matters, nominated by the Central
Government;
2.Such number of officials not exceeding five to be nominated by the Central Govt. to
represent the Central Govt.;
3.Not more than five members, nominated by the Central Govt. from amongst the
members of the State Boards, of whom not exceeding two from amongst the members
representing local authorities;
4.Not exceeding three members, nominated by the Central Govt. to represent the
interests of agriculture, fishery or industry or trade or any Other interest;
5.Two persons to represent companies or corporations, owned, controlled or managed
by the Central Govt. (to be nominated by the Central Govt.);
6.A full-time member-secretary, possessing qualifications, knowledge and experience of
scientific engineering or management aspects as pollution control to be appointed by
the Central Govt.

The Central Board shall be a body corporate by the same name, having perpetual
succession and a common seal with power subject to the provisions of the Water Act.
 Powers and Functions of Central Board:

The main function of the Central Board shall be to promote cleanliness of streams and
wells in the State. According to Sec.16 (1), the Central Board may perform all or any one
of the following functions:-

• To advise the Central Govt. on any matter, concerning prevention and control of water
pollution;
• Coordinate the activities of the State Boards and resolve disputes among them;
• Provide technical assistance and guidance to the State Boards, carry out and sponsor
investigations and research for prevention and control of water pollution;
• Plan and organise the training of persons engaged in programmes for the prevention,
control or abatement of water pollution;
• Organise through mass media a comprehensive programme for prevention and control
of water pollution;
• Perform such of the functions of any State Board as may be specified in an
order made under Sec. 18(2);
• To collect statistical data relating to water pollution and to take necessary
steps for its effective prevention;
• Lay down, modify or annul in consultation with the State concerned the
standards for a stream or well;
• Plan and cause to be executed, a nationwide programme for the
prevention, control or abatement of water pollution;
• Perform such other functions as may be prescribed (Sec. 16(2)).

In addition to the above, the Board may also establish or recognise laboratories
for analysis of samples of water from any stream or well (Sec. 16(3)).
Summary
.

Water (Prevention and control of Pollution) Act, 1974

Features of the Act

Central Pollution Control Board