N A M E O F T H E S T U D E N T-

S U D E E P. P. P A L

NAME OF COURSE- FYLLB

N A M E O F S U B J E C T-
ENVIRONMENT LAW

ROLL NO- 36

NA M E OF C O LLEG E- V I VA C OLLEG E
OF LAW
TO P I C - P E N A LT Y A N D
PROCEDURES UNDER
W AT E R A C T 1 9 7 4 .
 INTRODUCTION ON
W AT E R A C T 1 9 7 4
• 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 Act also confers some powers to the
established bodies such as the central board
and the state board to control pollution of the
water bodies.
 DEFINITION
• Section 2 of the Act contain certain definitions:
• “ Board “ means either the central board or the state board.
• 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.
• 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.
• According to Section 2 (b) Central Board means Central
Pollution Control Board.
• According to Section 2 (h) State Board means State Pollution
Control Board.
 AGENCIES FOR
C O N T R O L L I N G W AT E R
POLLUTION
• There are two agencies set up as per the Act for controlling
and preventing water pollution :-
• Central Board- Central Pollution Control Board
• State Board- State Pollution Control Board
 PENALTIES AND PROCEDURE
U N D E R W AT E R AC T 1 9 7 4

• Chapter 7 of Water (Prevention and Controll

Pollution) Act 194 includes the Penalties and
Procedures which as follows:
• Section 41. FAILURE TO COMPLY WITH DIRECTIONS
UNDER SUB-SECTION (2) OR SUB-SECTION (3) OF
SECTION 20, OR ORDERS ISSUED UNDER CLAUSE (c)
OF SUB-SECTION (1) OF 32 OR DIRECTIONS ISSUED
UNDER SUBSECTION (2) OF SECTION 33 OR SECTION
33A.
• Section 42. PENALTY FOR CERTAIN ACTS.
• Section 43. PENALTY FOR CONTRAVENTION OF
PROVISIONS OF SECTION 24.
 PENALTIES AND PROCEDURE
U N D E R W AT E R AC T 1 9 7 4

• Chapter 7 of Water (Prevention and Controll

Pollution) Act 194 includes the Penalties and
Procedures which as follows:
• Section 44. PENALTY FOR CONTRAVENTION OF
SECTION 25 OR SECTION 26.
• Section 45. ENHANCED PENALTY AFTER PREVIOUS
CONVICTION.
• Section 45A. PENALTY FOR CONTRAVENTION OF
CERTAIN PROVISIONS OF THE ACT.
• Section 46. PUBLICATION OF NAMES OF
OFFENDERS.
 PENALTIES AND PROCEDURE
U N D E R W AT E R AC T 1 9 7 4

• Chapter 7 of Water (Prevention and Controll

Pollution) Act 194 includes the Penalties and
Procedures which as follows:
• Section 47. OFFENCES BY COMPANIES.
• Section 48. OFFENCES BY GOVERNMENT
DEPARTMENTS.
• Section 49. COGNIZANCE OF OFFENCES.
• Section 50. MEMBERS, OFFICERS AND SERVANTS OF
BOARD TO BE PUBLIC SERVANTS.
 CONCLUSION:

• Water pollution is a big issue in India and controlling

and preventing it is another big issue, till now we are
not able to create awareness among the people
regarding the importance of conserving water
bodies, this Act certainly provides various agencies
that will look to prevent and control water pollution,
the Act lays down various procedures for filing a
complaint and the powers of each and every board.
However more needs to be done and the Act should
be made more comprehensive, more participation
should be given to the locals and punishments should
be made stricter so that it Acts as a strong deterrence.
Above all these more emphasis should be given on
the implementation aspect as just by making laws you
can not control pollution, proper implementation is
also required.