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.
0 Comments