THE WATER ACT 1974

The water  act was enacted by parliament act, 1974 purpose to provide for the prevention of control of water & the maintaining or restoring of wholesomeness of water. As on day, it is applicable in all the states of India. It extends to the whole of India except the State of Jammu & Kashmir. This Act having 64 sections Divided into 8 chapters.

OBJECTIVES

  • Prevention  &  control of water pollution
  • Maintaining or restoring the wholesomeness of water
  • Establishment of board for prevention & control of water pollution.
  • An act to provide for the levy & collection of access on water consumed by persons carrying on certain industries & by local authorities.

Constitution of central Board

  • Chapter   3 deals with Constitution of central Board
  • The terms & conditions of the services of the members, disqualification, holding of board meetings & other committees.
  • Members- Chairperson- Environment expert
  • Officials not exceeding 5- nominated by Central Government
  • Representative not exceeding 3- Agricultural, fishery, industry etc.
  • persons not exceeding 2- companies or cooporatations owned.

Constitution of State Board

  • Chapter  4 deals with Constitution of central Board
  • The terms & conditions of the services of the members, disqualification, holding of board meetings & other committees.
  • Members- Chairperson- Environment expert
  • Officials not exceeding 5- nominated by state Government
  • Representative not exceeding 5- local authorities functioning with state government.
  • persons not exceeding 3- Agricultural, fishery, industry etc.
  • persons not exceeding 2- companies or cooporatations owned.

Constitution of Joint Board

  • Two or more states or Union Territory or Union Territories can constitute a Joint Board with agreement for a specific period.
  • Chairman
  • Two Officials- Appointed by state government.
  • One person- Local authority
  • One representative- Agriculture, fishery, trade etc
  • Two persons- companies or cooporatations owned.

Functions of Central Board

The central board may establish or recognize a laboratory or laboratories to enable the Central Board to perform its functions under this section efficiently. Central Board may- Delegate any of its functions under this act generally or specially to any of the committees appointed by it. Do such other things & perform such other  acts as it  may think necessary for the proper discharge of its functions & generally for the purpose of carrying into effect the purposes of this act.

Powers & Functions of Central Board

  • Advice to central government for prevention & control of water pollution.
  • Co-ordinate the activities of the state board & resolve disputes
  • Provide technical assistance
  • Plan & organize the training.
  • Collect, compile & publish technical data
  • Lay down the standards for a stream or well
  • Establish laboratories.
  • Plan & organize nation wide program for prevention & control of water pollution
  • Plan comprehensive program for prevention & control of water pollution.
  • Advice to State government
  • Encourage, conduct & participate in investigations & research relating to problems of water pollution & prevention.
  • Inspect sewage or trade effluents, works & plants for treatment.
  • Lay down, modify or annual effluent standards for the sewage & effluents.
  • Evolve economical & reliable methods of treatment for local conditions.

Prevention & Control of water pollution

  • Powers of entry and inspection
  • Power to take sample and procedure
  • Report preparation in triplicate.
  • Use of well or stream for disposal is prohibited.
  • Accidents in area, information should be carry to state board.
  • Have powers to close, prohibit, regulate any industrial operation.

Penalties

Person held guilty he is punishable with imprisonment which may extend to three months or fine up to 10000 rs. Or both. Any person disposes any polluting matter into any stream or well he is punishable for 6 years with fine.