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What are the Salient Features of Water Act 1974?

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10 2022-04-21T17:56:59+00:00
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Hi Friend,

I have a lot of friends who are environmentalists. However, I have recently participated in a water campaign, named ‘Jal Jivan’ with them. Before participating we were given the task of making placards about the water and the Water Act. It was during that time I was aware of the salient features of Water Act 1974. I would like to share my learnings about it.

The Water (Prevention and Control of Pollution) Act of 1974 was the first of a series of laws passed by the Indian government to regulate environmental issues in the country. Water contamination from industrial and home activities became a source of worry, prompting the passage of this law. 

This Act was followed by the Air (Prevention and Control of Pollution) Act of 1981, the Environment Protection Act of 1986, the Noise Pollution (Regulation and Control) Rules of 2000, and the Municipal Solid Wastes (Management and Handling) Rules of 2000 (the last of which was recently replaced by the Solid Waste Management Rules of 2016).

It's worth noting that water is a state subject under the Indian Constitution. State governments must approve any legislation affecting state matters before it can be passed by the federal government. This Act was passed after it was accepted by a majority of Indian states (Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu & Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura, and West Bengal, as well as the Union territories).

What are the salient features of Water Act 1974:
  • The purpose of the 1974 Water Act is to prevent and regulate water contamination

  • The Act ensures that the quality of all forms of surface and groundwater is maintained and restored

  • It establishes pollution control boards at the national and state levels. These Boards are given authorities and responsibilities to control pollution under the Act

  • The Central and State Pollution Control Boards are granted broad authority to advise, coordinate, and offer technical help for water pollution prevention and control

  • The Act contains provisions for the Central and State Pollution Control Boards' money, budgets, accounting, and audit

  • The Water Act of 1974 prohibits the discharge of sewage or pollutants into water bodies, including lakes, and it is the responsibility of the state pollution control board to intervene and stop such conduct

  • The Act prohibits the discharge of any poisonous, noxious, or polluting material into a stream's flow of water. Dumping any material into a stream for the sake of land reclamation, on the other hand, is not regarded as a crime

  • Violations of the Act are subject to serious and deterrent penalties, including fines and imprisonment. Anyone who breaks the legislation is subject to imprisonment under Sections 24 and 43 for a period ranging from one year and six months to six years, as well as monetary fines

  • The Water Act of 1974, includes a provision to maintain and restore the 'wholesomeness' of our aquatic resources

The main aim of this act are as follows:
  • To prevent and regulate water contamination is the major goal of this act

  • To retain the "wholesomeness" of water, that is, to keep its properties so that it can be consumed and used by living creatures

  • To establish State Boards for pollution prevention and control, which was superseded by the Air Act of 1981

  • To give the Boards more authority over pollution prevention and control. To impose penalties for violating the requirements of this Act's rules

  • To establish state-run water testing labs and develop protocols for them.

I conclude my answer about the salient features of Water Act 1974. However, I would also appreciate it if you guys add your knowledge about the act here.

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1 2023-07-24T20:24:29+00:00

Before focussing on the salient features of water prevention and control of pollution act 1974, let us know that the Water Act's primary function is to control pollution through a permit system or "consent administration" process.

What are the salient features of water pollution act 1974?

  • Sections 3 and 4:

The Central Pollution Control Board and State Pollution Control Boards, respectively, are given the legal right to wield the authority granted to them by this Act.

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  • Section 13: Constitution of a Joint Board:

A Joint Board for pollution control must be established in accordance with this section of the Act if an agreement is reached between 

  1. two or more State Governments of neighbouring states, or 

  2. the Central Government (representing one or more Union Territories) and State Governments neighbouring those Union Territories.

  • Section 16: The Central Board's duties are described, including some of the following:
  1. Provide the Central Government with advice on any issue pertaining to the prevention and management of water pollution

  2. Coordinate the actions of the State Boards and offer advice and technical support

  3. Compile, publish, and distribute technical and statistical information about water pollution.

  4. Create or establish a laboratory or laboratories to enable the Board to carry out its responsibilities under this section effectively, including the analysis of water samples from any stream or well, as well as samples of sewage or trade effluents.

  • Section 17: The State Board's duties are described, including some of the following:
  1. Create a comprehensive plan for the state's prevention, management, or reduction of polluted streams and well contamination and ensure its implementation.

  2. Provide state government with water pollution advice

  3. Conduct an inspection and establish, alter, or revoke effluent standards for sewage and trade effluents.

  4. Develop affordable and dependable techniques for treating trade and sewage effluents.

  • Section 19: 

If the State Board believes that some areas of the State do not require the application of the provisions of this Act, it may advise the State Government to do so.

  • Section 20: 

This section grants the State Board the authority to designate an individual to act on its behalf in conducting surveys of any region and measuring and recording the flow, volume, and other characteristics of streams and wells in order to carry out its duties faithfully.

  • Section 33: 

This section gives the Boards the authority to ask the courts to impose restrictions on specific actions if they believe that doing so will endanger the local water supplies. The court has the authority to approve or reject such a request.

The salient features of water prevention and control of pollution act 1974 is an important piece of legislation that has helped to improve the quality of water in India.

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The act establishes a central and state regulatory authority to oversee and implement the restrictions. It is with the intent of preventing and controlling water pollution as well as maintaining or restoring the cleanness of water. But unfortunately from what I observed, the Act is not followed effectively in some places. So it’s crucial for you to know about the water pollution act.

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What is the Water Act 1974?

I totally agree with Asmita’s answer. It is to prevent water pollution and keep it clean. The Act, which is relevant to the states of Jammu and Kashmir, Rajasthan, Kerala, West Bengal, Assam, Bihar, Madhya Pradesh, Gujrat, Haryana, Tripura, and the union territories, went into effect in 1974. This is all about the water prevention and control of pollution act 1974.

What organizations manage water pollution?

According to the Act, two bodies have been established for managing and avoiding pollution problems.

1) Central Pollution Control Board

The following individuals must be a part of the Central Board, according to the board's structure:

  • A chairperson with expertise or real-world experience handling disputes involving pollution prevention. Only the central government may elect the chairman.

  • The central government may be represented by no more than five personnel.

  • The State Board members may only propose a maximum of five members from the central government.

2) State Pollution Control Board

The state board is made up of the following people:

  • A chairperson who is knowledgeable about or has prior expertise with situations involving environmental damage

  • The state government may select no more than five members to serve the government.

  • There can be no more than 2 people employed by the state government to serve as local officials inside the state.

You are now aware of the Water Pollution Act.

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