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

This was the first law enacted in India to prevent industrial pollutants from being discharged

into rivers without treatment. Discharge of such pollutants into rivers and lakes cause a major

issue as they pollute the waters and make them unfit for drinking, irrigation and marine life.

Thus, pollution boards at the center and state levels were established in order to attain this

goal. These boards created standards that had to bet met by factories before the pollutants

could be discharged into river waters. The main objectives of this Board was to promote

cleanliness of streams and prevent pollution. Under section 16 of this Act, the Central

Pollution Control Board must recognise laboratories that can perform all the necessary tests

needed on samples of water from any sewage, or rivers, or trade effluents. The State

Pollution Control Board has the right to obtain information on any industry, water body, or

conduct of a person with regard to the pollution levels and the environment. Any person, who

has been authorised by the State Pollution Control Board, has the right to enter any

establishment or place for the purpose of fulfilling any functions or performing any

examinations that are necessary under this Act. Any such investigation that leads to the

discovery of any evidence of such an act which is classifies as an offense under this Act, is

punishable under law.

If, due to the happenstance of an unforeseen event, or an accident leads to the discharge of

any poisonous or polluting matter into the water body, then the person in charge of that place

must immediately inform the State Pollution Control Board regarding this. The Board may also

compel such person to remove such impurities from the affected area if possible. If such

person fails in doing so, the courts also have the power to compel the Board to take up the

task and remove the pollution.

Different penalties have been ascribed for different offences under this Water Act of 1974.

Under section 20 of the Act, on failure of providing information to the State Pollution Control

Board and other relevant authorities , whether inentionally or unintentionally upon enquiry, or

on the increasing pollution in a water body, whether caused by an accident or any other

cause, could lead to imprisonment which may be extended to a period of 3 months or a fine

which may extend to ten thousand rupees or both. If the offense continues, then an additional

fine may be imposed which may extend to five thousand rupees per day until the commission

of the offense is stopped. For allowing any toxicological substance or pollutant to be

discharged into the water body, or a well or a land, such a person may be punished by

imprisonment for a year and six months which could extend to six years and a heavy fine. If a

person who has already been punished under this Act, and is again found to be guilty of the

same offense, then such a person would be punished by imprisonment which could be

anywhere from a term of two years to seven years with a fine.

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