Water Pollution Control Act & Air Pollution Control Act - 1974

 


Water (Prevention and Control of Pollution) Act, 1974 (Amended in 1988)

The Water (Prevention and Control of Pollution) Act, 1974, is a significant legislation in India aimed at preventing and controlling water pollution and maintaining or restoring the wholesomeness of water. The Act was amended in 1988 to strengthen its provisions and ensure more effective implementation.

Objectives:

  • To prevent and control water pollution.
  • To maintain or restore the wholesomeness of water.
  • To establish Central and State Boards for the prevention and control of water pollution.
  • To confer powers and functions on these Boards for carrying out the purposes of the Act.

Central and State Boards:

The Act provides for the establishment of the Central Pollution Control Board (CPCB) at the national level and State Pollution Control Boards (SPCBs) at the state level.

Functions of the Central Board (CPCB):

1. Advisory Role: Advises the Central Government on matters concerning the prevention and control of water pollution.

2. Coordination: Coordinates the activities of State Boards and resolves disputes among them.

3. Technical Assistance: Provides technical assistance and guidance to State Boards.

4. Research and Development: Conducts and sponsors investigations and research related to water pollution.

5. Standards Setting: Lays down, modifies, or annuls standards for streams or wells and the quality of water.

6. Monitoring: Plans and organizes training programs for personnel involved in pollution control.

7. Public Awareness: Organizes mass awareness programs on water pollution and its control.

Functions of the State Boards (SPCBs):

1. Implementation: Implements the policies and programs of the Central Board at the state level.

2. Inspection and Monitoring: Inspects sewage or trade effluents, works, and plants for their treatment and disposal.

3. Consent Management: Grants consent for the establishment and operation of any industry or process that discharges sewage or trade effluents.

4. Standards Enforcement: Enforces standards for the discharge of pollutants into water bodies.

5. Information Collection: Collects and disseminates information related to water pollution and its prevention.

6. Public Participation: Encourages and involves the public in pollution control activities.

Powers of the Boards:

  • Entry and Inspection: Boards have the power to enter and inspect any premises for the purpose of examining the treatment and disposal systems.
  • Sampling and Analysis: Boards can take samples of water or effluents for analysis.
  • Consent Orders: Boards can issue, refuse, or withdraw consent for the discharge of pollutants.
  • Emergency Measures: Boards can take emergency measures in case of pollution of any stream or well.
  • Legal Action: Boards can initiate legal proceedings against violators of the Act.

Appeals and Punishments:

  • Appeals: Any person aggrieved by an order made by the State Board can appeal to the Appellate Authority constituted under the Act.
  • Punishments: The Act prescribes penalties for non-compliance, including fines and imprisonment. Offences by companies and government departments are also covered under the Act.

Amendments in 1988:

The 1988 amendments to the Act introduced several changes, including:

  • Citizen’s Right to Action: Allowed citizens to bring actions under the Act, provided they give notice to the State Board.
  • Enhanced Penalties: Increased the penalties for violations to ensure stricter compliance.
  • Strengthened Powers: Enhanced the powers of the Boards to take preventive and corrective measures.

The Water (Prevention and Control of Pollution) Act, 1974, along with its amendments, plays a crucial role in safeguarding India’s water resources from pollution and ensuring sustainable water management practices.

Air (Prevention and Control of Pollution) Act, 1981 (Amended in 1987)

The Air (Prevention and Control of Pollution) Act, 1981, was enacted by the Government of India to prevent, control, and reduce air pollution in the country. The Act was amended in 1987 to strengthen its provisions and ensure more effective implementation.

Objectives:

  • To prevent, control, and abate air pollution.
  • To maintain and improve the quality of air.
  • To establish Central and State Boards for the prevention and control of air pollution.
  • To confer powers and functions on these Boards for carrying out the purposes of the Act.

Central and State Boards:

The Act provides for the establishment of the Central Pollution Control Board (CPCB) at the national level and State Pollution Control Boards (SPCBs) at the state level.

Functions of the Central Board (CPCB):

1. Advisory Role: Advises the Central Government on matters concerning the prevention and control of air pollution.

2. Coordination: Coordinates the activities of State Boards and resolves disputes among them.

3. Technical Assistance: Provides technical assistance and guidance to State Boards.

4. Research and Development: Conducts and sponsors investigations and research related to air pollution.

5. Standards Setting: Lays down, modifies, or annuls standards for the quality of air and permissible limits of pollutants.

6. Monitoring: Plans and organizes training programs for personnel involved in pollution control.

7. Public Awareness: Organizes mass awareness programs on air pollution and its control.

Functions of the State Boards (SPCBs):

1. Implementation: Implements the policies and programs of the Central Board at the state level.

2. Inspection and Monitoring: Inspects industrial plants and other sources of air pollution to ensure compliance with standards.

3. Consent Management: Grants consent for the establishment and operation of any industry or process that emits air pollutants.

4. Standards Enforcement: Enforces standards for the emission of pollutants into the air.

5. Information Collection: Collects and disseminates information related to air pollution and its prevention.

6. Public Participation: Encourages and involves the public in pollution control activities.

Powers of the Boards:

  • Entry and Inspection: Boards have the power to enter and inspect any premises for the purpose of examining the sources of air pollution.
  • Sampling and Analysis: Boards can take samples of air or emissions for analysis.
  • Consent Orders: Boards can issue, refuse, or withdraw consent for the emission of pollutants.
  • Emergency Measures: Boards can take emergency measures in case of severe air pollution.
  • Legal Action: Boards can initiate legal proceedings against violators of the Act.

Appeals and Punishments:

  • Appeals: Any person aggrieved by an order made by the State Board can appeal to the Appellate Authority constituted under the Act.
  • Punishments: The Act prescribes penalties for non-compliance, including fines and imprisonment. Offences by companies and government departments are also covered under the Act.

Amendments in 1987:

The 1987 amendments to the Act introduced several changes, including:

  • Enhanced Penalties: Increased the penalties for violations to ensure stricter compliance.
  • Strengthened Powers: Enhanced the powers of the Boards to take preventive and corrective measures.
  • Citizen’s Right to Action: Allowed citizens to bring actions under the Act, provided they give notice to the State Board.

The Air (Prevention and Control of Pollution) Act, 1981, along with its amendments, plays a crucial role in safeguarding India’s air quality and ensuring sustainable environmental management practices.

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