2. what is water act ?
The purpose of Water Act is to support and promote
the conservation and management of water,
including the wise allocation and use of water.
3. It applies in the first instance to the whole of the States of
Assam,
Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and
Kashmir,
Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura
and West
Bengal and the Union territories; and it shall apply to such
other
State which adopts this Act by resolution passed in that
behalf under
clause (1) of Article 252 of the Constitution.
4. Water (Prevention and Control of Pollution) Act’s……
•Water (Prevention and Control of Pollution) Act, 1974
•Water (Prevention and Control of Pollution) Act, 1975
•The Central Board for the Prevention and Control of Pollution
•( Procedure for Transaction of Business ) Rules, 1975
•Water (Prevention and Control of Pollution) Cess
Act, 1977.
•Water (Prevention and Control of Pollution) Cess Rules, 1977.
5. Objective of the law…
•Pollution in rivers is increasing. industrial
effluents should not be allowed to be
discharged into the water without
adequate treatment, as otherwise, water
becomes unsuitable for human
consumption, irrigation and fish life. The
Act covers fields of water and irrigation,
which are State subjects. Hence, it is
applicable only to States which have
approved or adopted the same.
6. What is pollution?
•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, or solid substance into water as may, or is
likely to create a nuisance or render such water
harmful to public health or to domestic,
commercial, industrial, agricultural or other
legitimate uses or to the life of animals and
plants or of aquatic organisms.
10. What are trade and sewage effluents…
•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. Sewage effluent means
effluent from any sewage system or
sewage disposal works and includes
sullage from open drains.
11. What is sewer and stream …
•Sewer has been defined as any conduit
pipe or channel, open or closed, carrying
sewage or trade effluent.
Stream‘ includes river, water course,
inland water, subterranean water, sea or
tidal water.
14. Composition of central board
•A full time chairman having knowledge relating to
environment pollution (appointed by center)
• Upto 5 officials to represent central govt.
• Upto 5 officials as representing state boards with
upto 2 to represent local authorities
• Upto 3 non-officials to represent fisheries,
agriculture, industry etc.
• Upto 2 persons to persons to represent corporate
sector (by centre)
• A full time member secretary, having qualification
and experience in science, engineering,
management etc.
15. Composition of state board
•A full time chairman having knowledge relating to
environment pollution (appointed by center).
•Upto 5 officials to represent state govt.
•Upto 5 officials as representing local authorities
•Upto 3 non-officials to represent fisheries,
agriculture, industry etc.
•Upto 2 persons to persons to represent corporate
sector (nominated by state govt. )
•A full time member secretary, having qualification
and experience in science, engineering,
management etc.
16. Water pollution control areas…
•State Government, after consulting with the state
boards, can declare some area as water
pollution control areas‘ and in such case, State
Government may restrict the application of this
Act to those specified area, by notification in the
Official Gazette. The water pollution, prevention
and control area may be declared either with
reference to a map or line of any watershed. The
area declared can be altered, added or deleted.
17. Prohibition on use of well or stream…
•Water Pollution Act prohibits
use of stream or well for disposal of any
poisonous, noxious or polluting matter by
any person knowingly.
18. Obstructions in stream not allowed…
•A person is prohibited from knowingly putting
any matter in stream which may obstruct its flow
due to which pollution may be aggravated. This
restriction is not applicable for
(a) constructing
improving in or across or on the bank of river,
any building, bridge, dam, sluice, drain or sewer
which he has right to construct
(b) depositing
any materials on the bank for reclaiming the land
or for supporting the bed of stream, if such
materials do not pollute the stream
(c) putting
into any stream any sand or natural deposit.
(d)
deposit material in stream
19. State Govt. of board can exempt / allow
•State govt. / Board may permit any person
to put any material in the stream.
20. Prior permission necessary for new
units…….
•No person shall, without the previous
consent of state board,
(a) establish or
take any steps to establish any industry,
operation, or process which is likely to
discharge sewage into a stream or well
(b)bring into use any new or altered outlet for
discharge of sewage
(c) begin to make
new discharge of sewage
21. Application for permission…
•Application for consent should be made in
prescribed form. Consent can be granted by State
Board subject to conditions and restrictions.
Consent can be refused or withdrawn for reasons to
be recorded in writing. In case of industries
established without obtaining such consent, State
Board can ask such industry to obtain consent and
conditions may be imposed. Consent shall be
deemed to have been granted unless it is given or
refused within four months of making an application.
State Board shall maintain a register of consents
given by it and the conditions placed for such
consents.
22. Laboratories…
•Central Government can establish Central
Water Laboratory and specify its functions.
State Government can
establish State Water Laboratory or
authorise any laboratory or institute for
that purpose.
In these laboratories the following Testing Parameters are used
to identify the range of polluted water:
•Biochemical Oxygen Demand (BOD)
•Chemical Oxygen Demand (COD)
•Dissolved Oxygen (DO)
•Phosphate Content
•Water Hardness
23. Appointment of analyst
•Government Analysts with requisite
qualifications can be appointed by Central
Government or State Government. State
Board can also appoint Board Analyst.
Report of such approved
analysts can be used as evidence in
Court.
24. Water cess
• Specified industries and local authorities
like municipalities, municipal corporations
etc. have to pay water cess at prescribed
rates. This cess is to meet expenses of
Central Board and State Boards. The cess
has been imposed under Water
(Prevention and Control of Pollution) Cess
Act, 1977.
25. Joint boards can be there……
•Provisions for setting up Central Board
and State Boards under the Water
Pollution Act are similar to provisions
under Air Pollution Act. Water Pollution
Act also makes provisions for formation of
Joint Boards by two or more Governments
of contiguous States or Central
Government, State Governments and
Union territories.
26. Composition of Joint Board…
•A full time chairman having knowledge relating to
environment pollution (appointed by center)
•Two officials each from each state to represent the
states
•One person from each state to represent local
authorities
•One non-official from each state to represent
fisheries, agriculture, industry etc.
•To persons to represent corporate sector (by centre)
•A full time member secretary, having qualification
and experience in science, engineering,
management etc.