Designed by Sandeep Sharma
 

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

About Act In General

This was enacted for the prevention and control of water pollution and maintaining or restoring wholesomeness of water.  The Central & State Pollution Control Board were constituted under Section 3 and 4 of however, if application is not complete or State Board raises any query, which remain unanswered, in which case the period extends from the date of submission of additional information

 

Salient items and obligations on the part of the industries are :  

  • To obtain CONSENT TO ESTABLISH / CONSENT TO OPERATE for new discharge u/s 25 of the Act. 


  • This is mandatory for every industry/local body discharging any domestic sewage or trade effluent into water, stream, well, sewer or on land.  For this purpose, consent application has to be filed with State Pollution Control Board (SPCB) in Form- XIII complete in all respects along with prescribed consent fee.  It is obligatory to provide additional information sought by the State Board.  On receipt of application, State Board may grant the consent with specific conditions and date of validity or refuse the consent for reasons to be recorded in writing.

 

    ·   Once after obtaining the consent to establish and installing all facilities as communicated by the consent, the industry shall apply for consent to operate for which same form has to be used.

 

     ·   Similar provisions of application and grant of consent exists for industries discharging the waste water prior to enactment of Act.

 

  • On expiry of a period of 4 months of filing an application completed in all respects, consent shall be deemed to be given unconditionally unless consent is granted or refused.  This will not hold, however, if application of State Board raises any query, which remains unanswered, in which case the period extends from the date of submission of additional information.

 

Power Of The Board

TO OBTAIN INFORMATION [u/s 20]
On extraction, construction, installation or disposal system if it has any relevance to prevention or control of pollution. 

 

CARRY OUT ANY RELATED WORK [u/s 30]
If any industry fails to take up the same despite giving specific time bound notice by State Board, for execution of such work any expenses incurred along with interest may be recovered from such person or industry as arrears of land revenue.   

COLLECT AND ANALYZE SAMPLES OF STREAMS / WELL OR TRADE EFFLUENT

In case of trade effluent, in order to have validity, person taking sample should give notice in prescribed form, divide the sample into two parts and seal.  One part of sample is sent to laboratory recognized by SPCB u/s 17[2] and second part on request and at cost of occupier to the State Board laboratory notified u/s 52 of the Act.

 

TO GIVE DIRECTION [u/s 33-A]

To any person/officer or authority, who will be bound to comply with the directions.  The directions may include direction for closure/prohibition or regulation of any industry, operation or process or stoppage/ regulation of services like electricity, water etc.  The direction should be in writing and proposed direction direction [except under cases of grave injury to environment ] followed by opportunity of being heard should precede the direction.

 

POWER OF ENTRY AND INSPECTION [u/s 23]

Enter and inspect any place for performing any of the functions of Board or to assess compliance or to examine any plants, records, documents etc. and seal, if necessary. 

Make application to courts for restraining apprehended pollution of water. [u/s 33]

Penalties

· Section 41(1) [ failure to provide information u/s 20 ]

Imprisonment up to 3 months or fine up to Rs. 10,000/- or both, which on continuous failure may extend up to Rs.5,000/- per day.

· Section 41(2) [ failure to abide by directions u/s 32 or 33 ]

Imprisonment from 18 to 72 months or fine upto rs. 5,000/- per day or both; if failure continues beyond a year, imprisonment from 2 to 7 years.

· Section 42 [disturb facility/ give false information u/s 25 or 26 ]

Imprisonment from 18 to 72 months or / and fine if failure continues beyond 2 years up to 84 months of imprisonment

Appeal

Any person aggrieved by order of State Board u/s 25, 26 & 27 [Related to Consent] can prefer an appeal u/s 28 within 30 days from the date of receipt of the order.  For this, applicant has to follow prescribed procedure.  State Govt. constituted an Appellate Authority for this purpose.  Appellate Authority may or may not give favorable decision [ including deletion / amendment of the conditions ]

 Section Wise Detail

Important Provisions in the Act

1) Section 2 (J)

:

 Definition of stream
2) Section 17 (G)

:

 To lay down / modify standards
Section 17 (I)

:

 To revoke any order
Section 17 (N)

:

 To advise state Government on location of any Industry.
Section 17 (2)

:

 To establish or recognise laboratories
3) Section 18

:

 Powers to give directions to state boards by Central Pollution Control Board / State Government.
4) Section 20

:

 Power to obtain information.
5) Section 21

:

 Powers to take samples of effluents & procedures to be followed.
6) Section 22

:

 Report of the results of analysis and procedures to be followed.
7) Section 23

:

 Powers of entry and inspection.
8) Section 24

:

 Prohibition on use of stream or well for disposal of polluting matter.
9) Sections 25 & 26

:

 Require consent to establish or operation of any industry from the board.
10) Section 27

:

 Refusal or withdrawal of consent by boards.
11) Section 28

:

 Appeal
12) Section 29

:

 Revision of orders of board by state government.
13) Section 30

:

 Powers of state board to carryout certain work.
14) Section 31

:

 Furnishing of information to state boards such as accident etc.
15) Section 32 (C)

:

 Emergency measures in case of pollution stream or well (issuing orders immediately restraining or prohibiting from discharge of pollutants)
16) Section 33

:

 Power of board to make application to courts for restraining apprehended pollution of water in stream or well.
17) Section 33 (A)

:

 Power to give directions (Closure, stoppage of electricity, water or any other service).

Penalties and Procedures

1) Section 41

:

 Failure to comply with directions under sub-section (2) or (3) of section 20, or orders issued under clause © of sub-section (i) of section 32 or directions issued under sub-section (2) of section 33 or section 33 (a).
A. Section 20 (2) or (30)

:

 3 months imprisonment or fine of Rs.10,000/- or both
if continues, Rs.5,000/- day from the date of conviction.
B. Section 32 (C) (1) : imprisonment 11/2 year (mini), 6 years (maxi) & with fine
Section 33 (2) : If continues Rs. 5000/day
Section 33(A) If continues beyond one year imprisonment 2 years (mini), 7 years (maxi) with fine.
2. Section 42 : Penalty for certain acts like destroys, obstruct any person of Board, damages property of Board, fails to furnish information to Board, fails to intimate occurrence of accident (section 31), giving false statements ect.
Imprisonment - 3 months or fine of Rs. 10,000/- or with both. 
3. Section 43 : Penalty for contravention of section 24  imprisonment 11/2 years (mini), 6 years (maxi) & with fine
Remarks : Cognizance can be taken either on a complaint filed by the Board itself or with the previous sanction of the Board if the complaint is not filed by the Board itself.
4. Section 44 : Penalty for contravention of section 25 or section 26.
Imprisonment - 11/2 years (mini), 6years (max) & with fine.
5. Section 45 : Enhanced penalty under section 24 or 25 or 26 is again found guilty involving contravention of the same provision, he shall, on the second & on every subsequent conviction.
Imprisonment – 2 years (mini), 7 years (maxi) and with fine.
Remarks

:

 For the purpose of this section no cognizance shall be taken of any conviction made more than 2 years before the commission of the offence which is being punished.
6) Section 45 (a)

:

 Penalty for contravention of certain provisions of the act.

Contravenes any provision of the act or fails to comply with any order or direction issued under this act, for which no penalty has been elsewhere provided in this act.

Imprisonment 3 months or fine upto Rs.10,000/- or with both.

Continuing contravention – Rs. 5,000/- day.
7) Section 46

:

 Publication of names of offenders
8) Section 47

:

 Offences by companies
9) Section 48

:

 Offences by government departments.
10) Section 49

:

 Cognizance of offences.
  1. no court shall take cognizance of any offence under this act except on a complaint made by
  1. a board or any officer authorised in this behalf by it or
  2. any person who has given notice not less than 60 days, in the manner prescribed, of the alleged offence & of his intention to make a compliant to the board or officer authorised.
  1. only the court of metropolitan magistrate or a judicial magistrate of the Ist class or any court superior to that can take the cognizance of the offence.
  2. not withstanding anything contained in (section 29 of the cr.p.c. 1973) it shall be lawful for the above courts to pass

Imprisonment 2 years (mini) or fine exceeding Rs.2,000/-.
Remarks

:

 Metropolitan magistrate or magistrate of Ist class means a court established by cr.p.c. order under cr.p.c. and passed by criminal court.
11) Section 56

:

 Compulsory acquisition of land for the state board.
Remarks

:

 The state board is empowered to acquire any land for the efficient performance of its functions (public purpose) under the provisions of land acquisition act, 1894 as any corresponding law in force.

IMPORTANT  FORM FOR IMPLEMENTATIONS OF ACT,

1)

 FROM X

:

 Form of report of state board analyst.

2)

 FORM XI

:

 Report of state water laboratory.

3)

 FORM XII

:

 Notice for collection of samples under section 21

4)

 FORM XIII

:

 Application for consent

5)

 FROM XIV

:

 Notice for making enquiry into application for consent.
     © Copyright 2003, Haryana State Pollution Control Board