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

The Water Act was enacted by Parliament Act, 1974 purpose to provide for the prevention of control of water pollution and the maintaining or restoring of wholesomeness of water.   As on day, it is applicable in all the states of India.  In this act, unless the context, otherwise requires

(i)  Occupier
(ii) Outlet
(iii) Pollution
(iv) Trade effluent

The relevant provisions of this and are given as below:

Under Section 19 :

The entire National Capital Territory of Delhi has been declared as water pollution prevention control area.

Under Section 21 :

Officials of DPCC can take samples of the water effluent from any industry stream or well or sewage sample for the purpose of analysis.

Under Section 23 :

Officials of the state boards can enter any premises for the purpose of examining any plant, record, register etc. or any of the functions of the Board entrusted to him.

Under Section 24 :

No person shall discharge any poisonous, noxious or any polluting matter into any stream, or well or sewer or on land.

Under Section 25 :

No person shall without the previous consent to establish shall

a.

Establish or take any step to establish any industry, operation or process or any treatment and disposal system for any extension or addition thereto, which is likely to discharge sewage or trade effluent into a stream or well or sewer or on land or

b.

Bring into use any new or altered outlet for the discharge of sewage or

c.

Begin to make any new discharge of sewage.

Under this section the state board may grant consent to the industry after satisfying itself on pollution control measures taken by the unit or refuse such consent for reasons to be recorded in writing.

Under Section 27 :

A state board may from time to time review any condition imposed by it on the person under section 25 and 26 and may vary or revoke that condition.

Under Section 28 :

Any person aggrieved by the order made by the State Board under Section 25, 26 or section 27 may within thirty days from the date on which the order is communicated to hi, prefer an appeal to such authority (referred to as the appellate authority) as the State Govt. may think fit to constitute (in case of NCT of Delhi Appellate authority under this section is Financial Commissioner, Delhi Administration).

Under Section 33 :

The State Board can direct any person who is likely to cause or has cause the pollution of water in street or well to desist from taking such action as is likely to cause its pollution or to remove such matters as specified by the Board through court.

Under Section 33A :

DPCC can issue any directions to any person, officer or authority, and such person, officer or authority shall be bound to comply with such directions. The directions includes the power to direct:-

i)

The closure, prohibition of any industry.

ii)

Stoppage or regulations of supply of electricity, water or any other services.

Under Section 43 :

Whoever contravenes the provisions of Section 24 shall be punishable with imprisonment for a term which shall not be less than one year & six months but which may extend to six years with fine.

Under Section 45 :

If any who has been convicted of any offence under section 24, or Section 25 or Section 26 is again found guilty of an offence involving a contravention of the same proviso shall be on the second and on every subsequent conviction be punishable with imprisonment for a term which shall not less than two years but which may extend to seven years with fine.

Under Section 45A :

Whoever contravenes any of the provisions of this act or fails to comply with any order or direction given under this act for which no penalty has been elsewhere provided in this Act, shall be punishable with imprisonment which may extend to three months or with fine which may extend to ten thousand rupees or with both.