Implementation Mechanism
- Central Pollution Control Board
- State Pollution Control Boards
- Joint Boards
2.1 Water (Prevention and Control of Pollution) Act, 1974 : An Introduction
Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as Water Act) was enacted in pursuance of resolutions passed by State legislatures under Article 252 of the Constitution of India. The Act was first in the series of laws dealing with pollution in India. The Act was passed with the following main objectives:
- to make provisions for prevention and control of Water Pollution
- for providing legal regime aimed at maintaining or restoring wholesomeness of water
- for establishment of Central and State Pollution Control Boards to regulate and curb water pollution
The Water Act contains 64 sections and is divided into eight chaptersix. Chapter I deals with the preliminary part i.e. date of enforcement, application of the Act and definitions. As stated earlier, originally the Act was passed in pursuance of resolutions passed by 12 State legislatures and it was made applicable in those States and in Union Territories immediately.x As of date, the Act is applicable throughout the territory of India. The Union government has enacted Water (Prevention and Control of Pollution) Rules, 1975 under the Water Act.
Section 2 of the Act defines the words and expressions used in the Act. Of these, it is necessary to examine the following for proper understanding of the subject.
The Act lays down a comprehensive definition of the word “Pollution” in the context of water pollution. The definition reads as under:
“pollution means such contamination of water or such alteration of the physical, chemical or biological properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water (whether directly or indirectly) as may, or is likely to, create a nuisance or render such water harmful or injurious to public health or safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plants or of aquatic organisms”xi
Thus water pollution includes the following
- Contamination of Water;
- Alteration of Physical, Chemical or Biological properties of Water;
- Discharge of sewage, trade effluent or any other liquid, gaseous of solid substance into water
which creates or is likely to create nuisance or which renders it unfit or less fit for the purpose for which it is to be used or which makes it harmful for human beings, animals, plants and acquatic organisms.
“sewage effluent” means affluent from any sewerage system or sewage disposal works and includes sullage from open drainsxii
“sewer” means any conduit pipe or channel, open or closed, carrying sewage or trade effluentxiii
“trade effluent” includes any liquid, gaseous or solid substance which is discharged from any premises used for carrying on any Industry, operation or process, or treatment and disposal system, other than domestic sewage.xiv
In relation to any factory or premises word “occupier” has been defined to mean the person who has the control over the affairs of the factory or premises. In relation to a substance, word “occupier” has been defined to mean a person in possession of the substance.xv
2.2 Implementation Mechanism
Water Act provides for the establishment of Central Pollution Control Board at the National Level and for establishment of State Pollution Control Boards in States to regulate, prevent and control water pollution and lay down standards for emission in streamsxvi and matters connected therewith. Chapter II and III of the Water Act lay down the provisions for the establishment and Composition of Central, State and Joint Boards whereas Chapter IV provides the powers, duties and functions of Boards.
2.2.1 Central Pollution Control Board
The Water Act cast a duty on the Union government to constitute Central Pollution Control Board (CPCB). The Board has the features of a body corporate with perpetual succession, common seal, capacity to sue and be sued, power to acquire, hold and dispose of property, capacity to contract etc.xvii The CPCB is designed to consist of the following members.
- (i) The Chairman of the Board who shall be full time Chairman to be nominated by the Union government. To be eligible to be appointed as Chairman, the person shall possess special knowledge or practical experience in matters relating to environmental protection. A person having knowledge and experience in managing and administering institutions dealing with environmental pollution is also eligible to be appointed as a Chairman of CPCB.
- (ii) Not more than five Government officials as representative of the Union government. These officials are required to be nominated by the Union government.
- (iii) Not more than five persons from amongst the State Pollution Control Boards. Of these five, not more than two shall be from the local authorities functioning with the States. These members are also required to be nominated by the Union government.
- (iv) Union government is required to nominate non-officials (not more than three) to represent the interests of Agriculture, fishery, industry or trade or any other interest which the Union government believes that it should also be represented in the Board.
- (v) Two persons representing Companies or Corporations owned or controlled by the Union government. These persons are also to be nominated by the Central government.
- (vi) Central government is required to nominate one Full time member-secretary. Member Secretary is required to possess knowledge and experience of scientific, engineering or management aspects of pollution control.xviii.
The tenure of members of the Board is three years. However, the tenure official members shall come to an end as soon as they cease to hold the office under the government by virtue of which they were appointed. Similarly, members appointed to represent State Boards shall cease to be members of CPCB as soon as they cease to be members of State Boards. Members are eligible for re-nomination. If any member is absent from three consecutive meetings without sufficient reason, he shall be deemed to have vacated the office of CPCB. A member may be removed from office after giving him a reasonable opportunity of being heard. Member may also resign from office before the expiry of his tenure.xix Salaries, Allowances and other conditions of service of Chairman, Member-Secretary and other members are provided in Water (Prevention and Control of Pollution) Rules, 1975.xx
2.2.1.1 Functions and Duties of CPCB
The primary function of CPCB is to promote cleanliness of streams and wells across the country. This apart, the Board has been mandated to perform the following functions.
- CPCB is to advise the Union government regarding matters concerning prevention and control of water pollution
- CPCB is required to co-ordinate the activities of State Boards and to resolve any disputes arising among them.
- CPCB is to provide technical assistance and guidance to State Boards and to sponsor investigation and research relating to problems concerning water pollution
- To plan and organize training of persons associated or likely to associated with programmes for prevention, control and eradication of water pollution
- To organise programmes through mass media campaigns for prevention and control of water pollution
- If the State Boards defaults in complying with the directions of the CPCB and consequently there arises grave emergency, then in public interest, CPCB can discharge the functions of State Boards.
- To collect, compile and publish technical and statistical data relating to water pollution, measures for preventing the same.
- To prepare material regarding treatment and disposal of sewage and trade effluents and to disseminate information regarding the same.
- To lay down standards for a stream or well and to modify or annul the same in consultation with State government.
- To plan and organise a national programme for the prevention, control and abatement of water pollution and cause the same to executed .
- To establish or recognise laboratories for analysis of samples of water, sewage or trade effluents.
- To perform such other functions as may be prescribed from time to time.xxi
Thus, CPCB is entrusted with multifarious tasks concerning prevention, control and mitigation of water pollution and to co-ordinate the functioning of State Boards.
2.2.2 State Pollution Control Boards
Water Act casts important and multifarious functions and duties upon State Pollution Control Boards. These State Pollution Control Boards are required to be constituted by State Governments. Like its National counterpart, these Boards have the attributes of a Body Corporate, capacity to sue and be sued, capacity to hold, acquire and dispose of property, perpetual succession, common seal etc.xxii Composition of State Pollution Control Boards is as under:
- The Chairman of the Board who shall be either full time or Part-time Chairman to be nominated by the State government. To be eligible to be appointed as Chairman, the person shall possess special knowledge or practical experience in matters relating to environmental protection. A person having knowledge and experience in managing and administering institutions dealing with environmental pollution is also eligible to be appointed as a Chairman of CPCB.
- Not more than five Government officials as representative of the State government. These Not more than five persons from amongst the local authorities functioning with the States. These members are also required to be nominated by the State government.
- State government is required to nominate non-officials (not more than three) to represent the interests of Agriculture, fishery, industry or trade or any other interest which the State government believes that it should also be represented in the Board.
- Two persons representing Companies or Corporations owned or controlled by the State government. These persons are also to be nominated by the State government.
- State government is required to nominate one Full time member-secretary. Member Secretary is required to possess knowledge and experience of scientific, engineering or management aspects of pollution control.xxiii
- officials are required to be nominated by the State government
From the above, it can be seen that the composition of State Boards is similar to CPCB with the difference that requisite members in case of a State Board are to be nominated by the respective State governments. Further, the tenure of members of State Boards, their service conditions and other matters connected therewith are also the same as in case of CPCB
2.2.2.1 Functions and Duties of State Boards
State Pollution Control Boards are entrusted with variety of functions mainly with the implementation of the provisions of the Water Act and rules framed thereunder. Section 17 of the Water Act lays down the functions of State Boards.
- i) State Boards are to advise the State governments regarding matters concerning prevention, control and abatement of water pollution
- ii) State boards are to chalk out detailed and comprehensive plans for prevention and control of pollution in streams and wells within the State and to secure their execution.
- iii) State Boards are required to collect the information pertaining to water pollution, prevention and control mechanism and to disseminate the same at all levels within the State.
- iv) State Boards are mandated to encourage, conduct and participate in research regarding water pollution, prevention and control.
- v) State Boards are to co-ordinate and collaborate with CPCB regarding training of personnel and to organize mass education programmes relating to water pollution, prevention and control.
- vi) One of the most important functions of State Boards is to inspect sewage and trade effluents being discharged in the State and to inspect the works plants established for the treatment, purification and disposal of the same. State Boards are also to review and reformulate the plans for the same.
- vii) Under the Water Act, the establishments discharging sewage and trade effluents are required to obtain requisite permission or consent before establishment. The State Boards are vested with powers to inspect those establishments and grant necessary sanction subject to terms and conditions for the achievement of the objects of the Water Act.
- viii) To collect, compile and publish technical and statistical data relating to water pollution, measures for preventing the same.
- ix) To prepare material regarding treatment and disposal of sewage and trade effluents and to disseminate information regarding the same.
- x) To lay down standards and norms for the quality of receiving water within the State and to modify or annul the same.
- xi) On the basis of quality of water, the Boards are required to classify the streams or wells and their suitability for different purposes.
- xii) State Boards are required to find out the economical and reliable methods for treatment of sewage and trade effluents keeping in view various factors like soil conditions, climate and flow characteristics of streams or wells.
- xiii) To advise the State governments regarding the location of industries which are likely to pollute streams or wells.
- xiv) State Boards are required to set standards for treatment of sewage and trade effluents to be discharged into a particular stream keeping in view the fair weather dilution available in that stream and also the tolerance limits of pollution permissible in the water of the stream.
- xv) The State Boards are required to pass necessary orders for prevention, control or abatement of discharge of waste into streams or wells. The State Boards are empowered to amend, vary or revoke these orders from time to time.
- xvi) The State Boards are also empowered to direct any concerned person to construct, modify, extend or adapt system for systems for disposal of sewage and trade effluents as may be necessary for the prevention and control of water pollution.
- xvii) To plan and organise a national programme for the prevention, control and abatement of water pollution and cause the same to executed.
- xviii) To establish or recognise laboratories for analysis of samples of water, sewage or trade effluents.
- xix) To devise methods for utilization of sewage and suitable trade effluents in agriculture.
- xx) To devise methods for disposal of sewage and trade effluents on land keeping in view various factors and prevalent conditions.
- xxi) To lay down effluent standards to be complied with by persons while causing discharge of sewage or sullage or both and to lay down, modify or annul effluent standards for the sewage and trade effluents;
- xxii) To establish or recognise laboratories for analysis of samples of water, sewage or trade effluents.
- xxiii) To person such other functions as may be prescribed from time to time.xxiv
Unlike CPCB whose main functions are either advisory in nature or to lay down the standards and norms, the functions of State Boards are wider and more in the nature of execution of national and state plans. The State Boards are required to regulate the discharge of waste, sewage, trade effluents in the stream and wells within the State.
It is worth mentioning here that the State Boards are required to be constituted for States only. So far as Union Territories are concerned, even though Union Territories with legislature, the CPCB is empowered to exercise all the functions of State Boards. However, the CPCB has been empowered to delegate these functions with respect to Union Territories to a person or body of persons as may be specified by Union government.
2.3.1 Joint Boards
Water Act empowers two or more states to enter into agreement for constitution of Joint Boards to discharge the functions of State Boards.xxv Agreement for constitution of Joint Boards can be entered into between
- (i) Two or more adjoining states or
- (ii) Union government in respect of one or more Union Territories on one side and one or more states adjoining such UTs on the other side.
Agreement for constitution of Joint Boards to perform the functions of State Boards may be renewed from time to time. Such agreement may also contain the following:
- (i) Provisions for division/apportionment of expenditure between participating governments.
- (ii) Provisions for distribution of powers and functions between participating governments.
- (iii) Provisions for consultation on general or particular matters between participating governments and
- (iv) Other incidental and ancillary matters.
Composition of Joint Boards
Composition of Joint Boards is on similar lines as the Central and State Boards are constituted. In case of Joint Board constituted in pursuance of agreement between two or more contiguous states, the Joint Boards shall consist of the following members.
- (i) The Chairman of the Board who shall be full time Chairman to be nominated by the Central government. To be eligible to be appointed as Chairman, the person shall possess special knowledge or practical experience in matters relating to environmental protection. A person having knowledge and experience in managing and administering institutions dealing with environmental pollution is also eligible to be appointed as the Chairman of Joint Board.
- (ii) Two officials each of the participating states to act as representative of the respective State government. These officials are required to be nominated by the concerned State governments.
- (iii) One person from each participating State who shall be from the local authorities functioning within that State. These members are also required to be nominated by the respective participating State governments.
- (iv) Each participating State government is required to nominate one non-official member to represent the interests of Agriculture, fishery, industry or trade or any other interest which the State government believes that it should also be represented in the Board.
- (v) Two persons representing Companies or Corporations owned or controlled by the participating State government. These persons are to be nominated by the Central government.
- (vi) Like Chairman of the Joint Board, Full-time member Secretary is also required to be nominated by the Central government. Member Secretary is required to possess knowledge and experience of scientific, engineering or management aspects of pollution control.xxvi
In case of Joint Board constituted in pursuance of agreement between Central government in respect of one or more Union territories and one more adjoining State governments, the Joint Boards shall consist of the following members.
- (i) Full time Chairman to be nominated by the Central government. To be eligible to be appointed as Chairman, the person shall possess special knowledge or practical experience in matters relating to environmental protection. A person having knowledge and experience in managing and administering institutions dealing with environmental pollution is also eligible to be appointed as the Chairman of Joint Board.
- (ii) Two officials each of the participating UT/UTs. These officials are required to be nominated by the Central government. In addition, there shall be two officials each to represent participating State government/governments to be nominated by the participating States.
- (iii) One person from each participating UT or one each from participating UTs who shall be from the local authorities functioning within that UT. These members are required to be nominated by the respective Union government. In addition one person each from participating States from amongst the members of local authorities functioning within the State to be nominated by the participating state government.
- (iv) One non-official member to be nominated by Central government and one by State government/governments to represent the interests of Agriculture, fishery, industry or trade
- or any other interest.
- (vii) Two persons representing Companies or Corporations owned or controlled by the Central government situate within the UT/participating UTs. These persons are to be nominated by the Central government. Similarly two persons representing Companies or Corporations owned or controlled by the participating State government. These persons are also to be nominated by the Central government.
- (v) Like Chairman of the Joint Board, Full-time member Secretary is also required to be nominated by the Central government. Member Secretary is required to possess knowledge and experience of scientific, engineering or management aspects of pollution control.xxvii
As stated earlier, these Joint Boards are required to perform the functions of State Pollution Control Boards subject to such bifurcation as may be provided for in the agreement. These Joint Boards shall be subject to the direction and control of the Central government when the matter pertains to UT or when the matter is within the territorial jurisdiction of more than one State. So far as participating States are concerned they can also issue directions to Joint Board subject to the condition that matter is within the territorial jurisdiction of that particular State.xxviii
3.1 Prevention and Control of Water Pollution
Water Act contains elaborate provisions for prevention and control of Water Pollution in Chapter V of the Act containing sections 19 to 33B. An analysis given hereunder:
i) Water Act bars any person from establishing any industry, process or operation or any treatment of disposal system which is likely to discharge sewage or trade effluent into a stream or well. Any person desirous of establishing any such industry, process etc. is required to obtain previous consent of the State Board.xxix Similarly no person can make any new discharge of sewage or trade effluent into a well or stream without the previous consent of the State Board. Any industry, process etc. already established before the commencement of Water Act is also required to apply for permission within three months from the date of implementation of Water Act.
ii) The State Board before granting such consent has the power to impose such conditions as may be required for the achieving the purposes of the Act. The Consent is valid only for the period specified in the order. If the establishment, industry etc. does not fulfil the required criteria, the Board may also refuse the application. However, Board is required to record reasons why it has not granted consent for the establishment or continuance of any industry.xxx
iii) Even if the establishment or industry has not filed any application, the Board is competent to impose such conditions as may be required for the purposes of Water Act.
iv) If the conditions imposed by the Board are not complied with, the consent may be withdrawn by the Board. State Board has the power to review the consent or to withdraw the consent already granted.xxxi
v) Water Act bars not only establi shment or continuance of an industry or establishment which is likely to discharge sewage or trade effluents but it also bars any other person from discharging or permitting any other person to discharge any poisonous, obnoxious or polluting matter into a stream or well.
vi) If person is not satisfied with the orders regarding grant of permission or refusal to grant permission for starting a new establishment or for the continuance of the existing establishment or if any person is aggrieved by an order withdrawing the consent, he may file an appeal within 30 days from the date of the Order before an appellate authority constituted by the State government. State government may also revise any such order passed by State Board. However, if appeal is pending or no appeal has been filed, State government shall not revise the order.
vii) Any person, who is dissatisfied with the order passed by the appellate authority or order passed by State government in Revision, can file a further appeal before National Green Tribunal established under National Green Tribunal Act, 2010.
viii) Water Act bars a person from knowingly putting into a stream or permitting any person to put or allow entry of any matter into a stream or well which is likely to impede proper flowof water and consequently likely to aggravate water pollution.xxxii However, it does not bar construction of dams, bridges, building, dock, drain or sewer which any person has right to construct. Similarly, the natural deposits, sand or gravel which have flown from the stream can be put back into the stream.
ix) State Board or any person authorised by the State Board has the power to enter and inspect any place for the purpose of ascertaining whether the provisions of the Water Act or the conditions imposed are complied with or not. The person so authorised has the power to inspect plants established and all records, registers, documents etc. for the purpose of finding out whether any offence has been committed under the Water Act. The person so authorised also have the power to search and seize any material which he believes can be useful in evidence to prove the commission of offence under the Water Act.xxxiii
x) State Board has the power to require any person discharging sewage or trade effluents into a stream or well to furnish information as to such discharge.xxxiv
xi) State Board can ask for information regarding the abstraction of water from any person, establishment or industry abstracting substantial water from any stream or well.xxxv
xii) State Board can direct any person who is incharge of any industry, establishment etc. to furnish information regarding the construction or establishment of industry, disposal systems etc.
xiii) State Board or any officer authorised by the Board can make surveys regarding the flow of streams, rainfall etc and their measurement and may establish gauges and other apparatus for the purpose.
xiv) State Boards and Central Board can establish or recognize a laboratory for analysis of samples.xxxvi
xv) State Government and Central Government can also establish or recognized laboratories for the purposes of analysis of water and sewage samples.xxxvii
xvi) State Board or any officer authorised by the Board have the power to take samples of water from the streams or wells or the samples of any sewage or trade effluent being discharged into stream or well. The following procedure is required to be followed while taking samples.xxxviii
- The officer is required so serve immediate notice upon the occupier or his agent stating the intention to take sample and to get it analysed.
- After taking sample, officer is required to divide the sample into two parts in the presence of occupier or his agent, if such a request is made by them.
- Each part is to put in a container which is required to be marked and sealed and is also required to be signed by the person taking the sample as well as by the occupier or his agent.
- One container is required to be sent to laboratory established or recognised by the appropriate Board (i.e. Central Board, if sample is taken from a UT and State Board, if sample is taken from a place other than UT)
- If the occupier or his agent make a request then the second container is required to be sent to Central Water Laboratory (If sample is taken from a place falling within UT) or to State Water Laboratory (if sample is taken from other places)
- If no request is made by occupier or his agent for dividing the sample, then the sample is required to be put in one container and that container is required to be marked, sealed and signed by the person taking the sample and the same is required to be sent to laboratory established or recognised by the appropriate Board.
- If the occupier or his agent, wilfully absent themselves from the place, then the officer after serving the notice shall take the sample and after the sample being marked, sealed and signed by the officer, the same is required to be sent to Central or State Water Laboratory. The officer shall also inform the Government Analyst about the absence of occupier or his agent.
- The concerned laboratory is required to send the report in triplicate to the Central or State Board, as the case may be. The Central or State Board is required to send one copy to the Occupier or his agent. One copy is required to be preserved for the Court and the last copy to be kept in record.
- If sample was divided into two parts and the same were sent to laboratories recognized by appropriate Board and also to Central/State Water Laboratories and there is any inconsistency in the reports of the laboratories, the report of Central or State Water Laboratory shall prevail.xxxix
xvii) Where it is noticed by the State Board that any poisonous, noxious or polluting matter is present in the waters of a stream or well due to discharge of the same or due to any accident or other unforeseen event, the State Board may initiate emergency measures and it may remove that matter from the stream or well or may remedy the situation in any other manner. The State Board can also issue orders restraining any person from discharging the polluting matter into the stream or well.
Despite the above provisions, water in all major rivers of India is polluted. Recently, Uttarakhand High Court in Lalit Miglani v. State of Uttarakhandxl expressed gross dissatisfaction over the functioning of Uttarakhand Environment Protection and Pollution Control Board in curtailing, preventing and remedying water pollution in River Ganga. The High Court after going through the reports of Central and State Pollution Boards expressed dissatisfaction over the role of Central Pollution Control Board also and called for saving river Ganga. The High Court issued directions to the Central Board, State Board and the appropriate governments in this regard. High Court directed Uttarakhank Board to take action against 180 industries and to close down 44 industries. High Court also Union government to constitute Inter State Council to deal with the issue and it also directed Director, National Mission for Clean Ganga to sanction Rs. 266.09 for the purpose.
4.1 Offences and Penalties
Chapter VII of Water Act deals with Penalties and Procedure. Water Act Criminalizes various acts and prescribes punishments for the same. An analysis of the offences and punishment prescribed for them is made hereunder.
- 1) As stated earlier, State Board has the power to ask for information from any person who is abstracting water from any stream or well in substantial quantities or from a person who is discharging sewage for trade effluent into any stream or well. The Board can also issue directions in this regard. If any person fails to comply with these directions he can be punished with imprisonment upto 3 months or with fine which can extend upto 10000 (Ten thousand) Rupee. If the default continues, then fine upto Rs. 5000 per day during which default continues can be imposed. Any person who fails to submit information to the State Board regarding construction, installation or operation of any establishment or of disposal system shall also be punished in the like manner.xli 2) Any person who commits the following defaults shall be punished with minimum punishment of one and half year which may extend upto six years and fine. If the failure continues, then additional fine upto 5000 per day can be imposed. If the failure to comply with orders continues for more than one year, then the minimum mandatory punishment shall be two years which may extent upto 7 years. xlii
- failing to comply with any order issued by State Board when emergency measures initiated under section 32 prohibiting any person from discharging any poisonous, noxious or polluting matter into a stream or well;
- failing to comply with the orders of Court prohibiting that person from disposal of any matter into a stream or well which is causing or likely to cause pollution, he can also be punished in the manner pointed out in point number 2 above.
- Violating the directions of Central or State Board. Central. State Boards have the power to issue any directions to any person, officer or authority including the closure of any industry, stoppage or regulation of electricity or water supply etc
- Who knowingly causes or permits any person poisonous, noxious or polluting matter to enter into any stream or well shall be punished with minimum mandatory punishment of one and half year which may extend upto six year s and with fine.xliii
- who causes or permit any person to put anything into a stream which directly or in combination with other matters impede the proper flow of water causing aggravation of pollution.xliv
- who establishes any industry, operation or process or treatment or disposal system without the consent of the State Board or continues with the already existing establishment without applying for and obtaining the consent.xlv
- Any person who obstructs the officers of the Board or persons acting under the orders or directions of the Board
- Any person who damages the property or any work of the Board
- Any person who destroys, damages, defaces, pulls or injures any notice, pillar, post affixed, inscribed or placed by or under the authority of the Board.
- Any person who fails to furnish the information required by any officer or person authorised by the Board.
- Any person who fails to intimate the Board about the occurrence of any accident causing or likely to pollute a stream or a well.
- Any person who willingly or knowingly furnishes false particulars or statements.
- Any person who knowingly or willingly alters or interferes with any monitoring device.
Conclusion
Right to clean environment has been declared to be part of fundamental right to life and personal liberty enunciated in Article 21 of the Constitution of India. Parliament of India has also enacted Water Act, 1974 to prevent and curb water pollution in India. To achieve the purposes of the Act, Central and State Pollution Control Boards have been constituted so as to ensure the effective implementation of the Act. The industries have been mandated to get requisite permission before commencing their operations. However, despite legislative and executive measures and judicial concern, the industries are still polluting water bodies as well as ground water table to a great extent and there is a need to regulate the provisions more effectively.
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- i Narmada Bachao Andolan v. Union of India, AIR 2000 SC 3751
- ii State of M.P. v. Kedia Leather and Liquor Ltd, AIR 2003 SC 3236
- iii The Shore Nuisance (Bombay and Kolaba) Act, 1853; Orient Gas Company Act, 1857; The Serais Act, 1867; North Indian Canal and Drainage Act, 1873; Indian Fisheries Act, 1897; Indian Ports Act, 1908; Indian Steam Vessels Act, 1917; Indian Forest Act, 1927 etc. For details see Myneni, S.R., Environmental Law, Hyderabad : Asia Law House (2008) : 463-465
- iv Whoever voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
- v Entry 17, List II, Schedule VII
- vi Article 253
- vii Article 252
- viii Resolutions were passed by all legislatures of States of Assam, Bihar, Gujarat, Haryana, Himachal, Jammu & Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal.
- ix Chapter II deals with Centre and State Boards for Prevention and Control of Pollution; Chapter III deals with the establishment of Joint Boards; Chapter IV deals with Powers and Functions of Boards; Chapter V lays down the provisions for Prevention and Control of Pollution; Chapter VI provides for the Funds, Accounts and Audit; Chapter VII make provisions for Penalties and Procedures and Last Chapter i.e. Chapter VIII enacts miscellaneous provisions.
- x Water (Prevention and Control of Pollution) Act, 1974 : Section 1(3)
- xi Water (Prevention and Control of Pollution) Act, 1974 : Section 2(e)
- xii Water (Prevention and Control of Pollution) Act, 1974 : Section 2(g)
- xiii Water (Prevention and Control of Pollution) Act, 1974 : Section 2(gg)
- xiv Water (Prevention and Control of Pollution) Act, 1974 : Section 2(k)
- xv Water (Prevention and Control of Pollution) Act, 1974 : Section 2(d)
- xvi Word “Stream” is defined in Section 2(j) to include River, Water course (Whether flowing or dry), inland water (natural or artificial), sub-terranean waters and sea or tidal waters
- xvii Water (Prevention and Control of Pollution) Act, 1974 : Section 3(3)
- xviii Water (Prevention and Control of Pollution) Act, 1974 : Section 3
- xix Water (Prevention and Control of Pollution) Act, 1974 : Section 5
- xx Water (Prevention and Control of Pollution) Rules, 1975 :Rules 3-5
- xxi , Section 16
- xxii , Section 4(3)
- xxiii Water (Prevention and Control of Pollution) Act, 1974 : Section 4
- xxiv , Section 17
- xxv , Section 13
- xxvi Water (Prevention and Control of Pollution) Act, 1974 : Section 14(1)
- xxvii Water (Prevention and Control of Pollution) Act, 1974 : Section 14(2)
- xxviii , Section 15
- xxix , Section 25(1)
- xxx Id, Section 25(4)
- xxxi Id, Section 27
- xxxii , Section 24
- xxxiii , Section 23
- xxxiv , Section 20
- xxxv Ibid
- xxxvi , Sections 16 & 17
- xxxvii Sections 51 & 52
- xxxviii Section 21
- xxxix Section 22
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