The Water (Prevention and Control of Pollution) Act, 1974

Water is an essential element of human living. It is very useful only when it is unpolluted. Water
pollution is one of the major problems faced by the humanity. Industrialization, urbanization, increase
in human population are responsible for water pollution.

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.

‘Water’ being a ‘State subject’, the Parliament can exercise power to legislate on ‘water’ only under
Arts. 249 and 252 of the Constitution of India. 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. The Water Act represents one of India’s first attempts to deal with an environmental issue
comprehensively.

Salient Features of the Water Act:

This Act came into force on 23 March 1974. It 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.

Section 2 of the Act deals with definitions. Some of the Important definitions are given as under:

Under Section 2(a) of the Act, Board” means the Central Board or a State Board;

Under Section 2(b) of the Act, “Central Board” means the Central Pollution Control Board constituted
under section 3;

Under Section 2(c) of the Act, “member” means a member of a Board and includes the Chairman
thereof;

Under Section 2(d) of the Act, “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;
Under Section 2(e) of the Act, “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;

Thus, it is very comprehensive definition and covers all changes in physical, chemical or biological
properties of water.

Under Section 2(g) of the Act, “sewage effluent” means effluent from any sewerage system or sewage
disposal works and includes sullage from open drains;

Under Section 2(gg) of the Act, “sewer” means any conduit pipe or channel, open or closed, carrying
sewage or trade effluent;

Under Section 2(h) of the Act, “State Board” means a State Pollution Control Board constituted under
section 4;

Further, the Act has used two terms in relation to water pollution- Stream and Well.

Under Section 2(j) of the Act, “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;

Thus, it is very inclusive definition of stream given in the Act.

Under Section 2(k) of the Act, “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.
 Central and State Pollution Control Boards: Constitution, Powers and Functions

The Water Act establishes the Central and State Pollution Control Board for the prevention and
control of water pollution.

Constitution of the Central Pollution Control Board:

Section 3 of the Water Act provides that the Central Government shall appoint and constitute a
Central Pollution Control Board to perform the functions assigned under the Act. The Central Board
shall consist of the following 17 members nominated or appointed by the Central Government –

According to Sec. 3(2), the Central Board shall consist of:

1. A full-time Chairperson, an expert in environmental matters;

2. Officials, not exceeding five to represent the Central Govt.;
3. Persons, not exceeding five from amongst the members of the State Boards;
4. Non-officials, not exceeding three 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.;
6. A full-time member-secretary having complete knowledge, experience and qualification of
scientific management and prevention of environmental pollution.

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:

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 and control
of water pollution.
4. Plan and organize the training of persons engaged or to be engaged in programmes for the
prevention and control of water pollution.
5. Organize through mass media a comprehensive programme for the prevention and control of
water pollution.
6. To collect statistical data relating to water pollution and to take necessary steps for its
effective prevention.
7. Lay down, modify or annul in consultation with the State concerned the standards for a
stream or well.
8. 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)).
STATE POLLUTION CONTROL BOARD: Constitution, Powers and Functions

Constitution of the State Pollution Control Boards:

Section 4 of the Water Act empowers the State Governments to appoint and constitute a State
Pollution Control Board in their respective States to perform the functions assigned under the Act.
According to Sec. 4(2) of the Water Act, a State Board shall consist of the following 17 members,
nominated or appointed by the State Government

1. a chairman, an expert in environmental matters;

2. Officials, not exceeding five, to represent that State government;
3. Persons, not exceeding five, from amongst the members of the local authorities functioning
within the state;
4. Non-officials, not exceeding three, to represent the interests of agriculture, fishery or industry
or trade or any other interest, which, in the opinion of the state government, ought to be
represented;
5. Two persons to represent the companies or corporations owned, controlled or managed by
that State government;
6. A full-time member-secretary having complete knowledge, experience and qualification of
scientific management and prevention of environmental pollution.

Term of Office:

Except for Member/Secretary, the members hold office for a term of three years from the date of
nomination and is eligible for renomination.

Meetings:

According to sec. 8, the Board shall meet at least once in three months.

Functions of the State Board:

The provisions relating to functions of a State Board are laid down in Sec.17 of the Water Act, which
is as follows:

1. To plan a comprehensive programme for the prevention and control of pollution of streams
and wells in the State and to secure the execution thereof.
2. To advise the State Govt. on any matter concerning the prevention, control or abatement of
water pollution.
3. To collect and disseminate information relating to water pollution and the prevention and
control thereof.
4. To encourage, conduct and participate in investigations and research relating to problems of
water pollution and prevention and control of water pollution.
5. To collaborate with the Central Board in organising the training of persons engaged or to be
engaged in programmes relating to prevention and control of water pollution and to organise
mass education programmes relating thereto.
 6. To inspect sewage or trade effluents works and plants for the treatment of sewage and trade
effluents and to review plans specification or other data relating to plants set up for the
treatment of water, works for the purification thereof and the system for the disposal of
sewage or trade effluents or in connection with the grant of any consent as required by the
Water Act.
7. To lay down, modify or annul effluent standards of sewage and trade effluents and of the
quality of receiving waters (not being water in an interstate stream) resulting from the
discharge of effluents and to classify waters of the State.
8. To evolve economical and reliable methods of treatment of sewage and trade effluents,
having regard to the peculiar conditions of soils, climate and water resource of different
reasons and more especially the prevailing flow characteristics of water in streams and wells
which render it impossible to attain even the minimum degree of dilution.
9. To evolve methods of utilisation of sewage and suitable trade effluents in agriculture.
10. To evolve efficient methods of disposal of sewage and trade effluents on land, as are
necessary on account of the predominant conditions of scant stream flows that do not provide
for the major part of the year the minimum degree of dilution;
11. To lay down standards of treatment of sewage and trade effluents to be discharged into any
particular stream taking into account the minimum fair-weather dilution available in that
stream and the tolerance limits of pollution permissible in the water of the stream, after the
discharge of such effluents;
12. To make, vary or revoke any order:

o For the prevention, control or abatement of discharges of waste into streams or wells.
o Requiring any person concerned to construct new systems, for the disposal of sewage
and trade effluents or to modify, alter or extend any such existing system or to adopt
such remedial measures as are necessary to prevent, control or abate water pollution.

13. To lay down effluents standards to have complied with persons while causing the discharge of
sewage or sullage or both and to lay down, modify or annul effluent standards for the sewage
and trade effluents.
14. To advise the State Government with respect to the location of any industry the carrying on of
which is likely to pollute a stream or well.
15. To perform such other functions as may be prescribed or as may, from time to time, be
entrusted to it by the Central Board or the State Government (Section 17(1)).

The State Board may, like Central Board, establish, or recognise a laboratory or laboratories to enable
the Board, to perform its functions under this section efficiently; including the analysis of samples of
water from any stream, or well or of samples of any sewage or trade effluents (Section 17(2)).
 PREVENTION AND CONTROL OF WATER POLLUTION

Water Pollution Control Areas

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.

Sample of effluents: Procedure

(S.21- Power to take samples of effluents and procedure to be followed in connection therewith)

The State Pollution Control Board or any officer authorized by the State Pollution Control Board shall
have the power to take samples of water from any stream or well or samples of any sewage or trade
effluent, for the purpose of analysis. Such sample however, is admissible in evidence in any legal
proceeding only if the procedure provided under section 21 are complied with.

The process requires-

 A prior notice to the occupier, indicating intention to take sample.

 In the presence of the occupier or his agent, division of the sample into two parts.
 Each sample be placed in a container, marked, sealed and signed by both, the person taking
the sample and the occupier or his agent.
 One of the samples be sent forthwith to the laboratory established or recognized by the
Central/State Board, as the case may be.
 On the request of the occupier, the second part of the sample be sent to the laboratory
established (Central/State Water Lab. as the case may be).

In case the occupier wilfully absents himself during the process of taking the sample, the person who
has taken the sample is required to inform the Government analyst in writing about the wilful absence
of the occupier or his agent (Section 22).

The sample so collected and sent is required to be analysed by the central, state or any recognised
laboratory and the report has to be sent to the Board and occupier or his agent. Such report can be
produced before a court of law in a legal proceeding if required (Section 23).

In Delhi Bottling Co. Pvt. Ltd. v. Central Board for the Prevention and Control of Water
Pollution, AIR 1986 Delhi 152, a sample of trade effluent was taken by the board from bottling
company’s discharge stream and after the analysis was found not confirming the requirements of the
consent order granted to the company. The board filed a suit under the Water (Prevention and Control
of Pollution) Act, 1974 and accordingly an injunction was issued by the court requiring the company
to establish a treatment plant which the bottling company challenged. The Court held that the sample
was not taken in strict compliance with the procedure as under Section 21 of the Water (Prevention
and Control of Pollution) Act, 1974 and this evidence cannot be regarded as admissible.
In Abdul Hamid v. Gwalior Rayon Co. 1989 CrLJ 2013 MP, the Court pointed out that Section 21
of the Water (Prevention and Control of Pollution) Act, 1974 is meant for protection of the industries
and industrialists ensuring a proper balance between the hazards to the citizens and conflicting claims
of the nation’s industrial progress.
Consent Requirement: Procedure, Grant/Refusal and Withdrawal

Consent is a permit to discharge discharge/emit pollutants within the limit stipulated by the regulatory
authorities

S.25- Power to Impose Restrictions on New Outlets and New Discharges

A major amendment in the Act was done in 1988 by virtue of which the Act now prohibits a person to
establish any industry, operation or process or any treatment and disposal system or any extension or
addition thereto, without the previous consent of the State Board, if it is likely to discharge sewage or
trade effluent.

Similarly, a person cannot, without the previous consent of the State Board, bring into use any new or
altered outlet for the discharge of sewage or begin to make any new discharge of sewage.

In other words, section 25 provides that no person shall without the previous consent of the State
Pollution Control Board:

(a) Establish or take any steps to establish any (i) industry, (ii) operation or process, (iii) any treatment
and disposal system, or (iv) any extension or addition thereto, which is likely to discharge sewage or
trade effluent into a stream or well, sewer or on land; or

(b) Bring into use any new or altered outlet for the discharge of sewage, or

(c) Begin to make any new discharge of sewage.

In other words, 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.

Procedure:

 An application for consent of the State Board shall be made in such form, contain such
particulars, and shall be accompanied by such fees as may be prescribed.
 The State Board may make such inquiry as it may deem fit in respect of the application for
consent.
 The State Board may grant its consent subject to such conditions as it may deem fit.
 The consent will be valid only for such period as may be specified in the order.
 The Board may refuse such consent for reasons to be recorded in writing.
 Where any industry, operation or process, or any treatment and disposal system or any
extension or addition thereto, is established without the consent of the State Board or any new
or altered outlet is brought into use for the discharge of sewage, the State Board may serve
on the concerned person a notice imposing any such conditions as it might have imposed on
an application for its consent in respect of such establishment, such outlet or discharge.
  Every State Board shall maintain a register containing particulars of the conditions imposed
under this section. The register shall be open to inspection at all reasonable hours by any
person interested in, or affected by such outlet, land or premises, as the case may be, or by
any person authorised by him in this behalf and the conditions so contained in such register
shall be conclusive proof that the consent was granted subject to such conditions.

S. 27- Refusal or withdrawal of consent by State Board

Power to refuse or withdraw consent for establishment of any industry etc., (Section 27):

A State Board shall not grant its consent for the establishment of any industry, operation or process,
or treatment and disposal system or extension or addition thereto, or to the bringing into use of a new
or altered outlet-

unless the industry, operation or process, or treatment and disposal system or extension or
addition thereto, or the outlet is so established as to comply with all the conditions imposed
by the Board to enable it to exercise its right to take samples of the effluent.

The State Pollution Control Board may from time to time review any condition and may require the
person to whom the consent is granted to make a reasonable variation of such condition or the State
Pollution Control Board may withdraw/revoke any such condition.

In Narula Dying and Printing Works v. Union of India, AIR 1995 Guj 185 case, the Court held
that obtaining a consent order from the State Pollution Control Board does not mean that the industry
is entitled to discharge trade effluent into the stream. It is incumbent upon the industry to comply with
all the conditions prescribed in the Consent order within the stipulated time limit failure to fulfil the
conditions will result in the lapse of the consent.

In Mahavir Soap and Godakhu Factory v. Union of India, AIR 1995 Orissa 218 case, the State
Pollution Control Board refused the consent to the continuation of the factory in a thickly populated
area on the public complaint. The Court held that it was a genuine reason for the refusal to grant
consent and the Court had no reason to substitute its opinion in place of State Pollution Control
Board’s decision.

In M.C.Mehta v. Union of India, AIR 1988 SC 1037, the Court held that the financial capacity of
the tanneries is not a relevant consideration while requiring them to set up primary treatment plants. A
tannery which cannot set up a primary treatment plant cannot be granted consent by the State
Pollution Control Board to continue its existence.

In T.N. Godaverman Tirumalpad v. Union of India (2006) 5 SCC 47 case, the Court held that
where there are various sources of pollution, they may be regulated by the State Pollution Control
Board step by step and it was not for the Court to direct the government as to which step should be
regulated first and so on.

In Andhra Pradesh Pollution Control Board v. M.V. Nayudu, (2001) 2 SCC 62 case, the Court
made it clear that prohibition under section 25 of the Water (Prevention and Control of Pollution) Act,
1974 extends even to newly opening industries which are in the process of being set up. Therefore,
permission from the State Pollution Control Board must be sought when steps are being taken to
establish an industry.

Power to carry out certain work (Section 30):

In cases where the State Pollution Control Board has granted consent subject to certain conditions and
such conditions require such person to execute any work in connection therewith, the person is
expected to carry out those works to fulfil the conditions under which the consent was granted. If the
person fails to execute any work in connection with the fulfilment of the conditions imposed by the
State Pollution Control Board, then the State Pollution Control Board serve a notice on the person
requiring him to execute the work within the time prescribed in the notice. Despite the notice if the
person to whom the notice is served fails to execute such work and all expenses incurred by the State
Pollution Control Board for the execution of the aforesaid work together with the interest will be
recovered by the State Pollution Control Board from the person concerned as arrears of the land
revenue.
Restraint Order

S.33- Power to make an application to courts for restraining apprehended pollution of water in
streams or wells

If the State Pollution Control Board apprehend that the water in any stream or well is likely to be
polluted by reason of the disposal or likely disposal of any matter in such streams or well or in sewer,
or on any land, or otherwise, the SPCB may make an application to a court not inferior to a
Metropolitan Magistrate or a Judicial Magistrate for restraining the person who is likely to cause
such pollution from causing such pollution.

In Maharaja Shri Umaid Mills v. State of Rajasthan AIR 1998 Raj. 9, case, a trade effluent was
being discharged in the Bandi River by the mill. The State Pollution Control Board filed an
application under Section 33 of the Water (Prevention and Control of Pollution) Act, 1974 to restrain
the industry of causing water pollution. The Court held that section 33 is a social piece of legislation
and provides a remedial measure and makes a provision for remedial action being taken where there is
an apprehension that the water in any stream or well is likely to be polluted on account of disposal or
likely disposal of trade effluent in such stream or well.

In Sukhna Paper Mill v. State of Punjab (1995) III CCR 838 (P&H) case, the Court held that
where the decision issued by the court is not complied with, the Court can authorize the Board to
undertake removal or disposal of the matter in such manner as may be specified by the Court for
desisting pollution of water in any stream or well.