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Water (Prevention and Control of Pollution) Act, 1974 AFTERSCHO ☻ OL – DEVELOPING CHANGE MAKERS CENTRE FOR SOCIAL ENTREPRENEURSHIP PGPSE PROGRAMME – World’ Most Comprehensive programme in social entrepreneurship & spiritual entrepreneurship OPEN FOR ALL FREE FOR ALL www.afterschoool.tk AFTERSCHO☺OL's MATERIAL FOR PGPSE PARTICIPANTS
Water (Prevention and Control of Pollution) Act, 1974 Dr. T.K. Jain. AFTERSCHO ☺ OL Centre for social entrepreneurship Bikaner M: 9414430763 [email_address] www.afterschool.tk , www.afterschoool.tk www.afterschoool.tk AFTERSCHO☺OL's MATERIAL FOR PGPSE PARTICIPANTS
Pollution in rivers is increasing. industrial effluents should not be allowed to be discharged into the water without adequate treatment, as otherwise, water becomes unsuitable for human consumption, irrigation and fish life. The Act covers fields of water and irrigation, which are State subjects. Hence, it is applicable only to States which have approved or adopted the same.
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, or solid substance into water as may, or is likely to create a nuisance or render such water harmful to public health or to domestic, commercial, industrial, agricultural or other legitimate uses or to the life of animals and plants or of aquatic organisms [section 2( e ) of Water Pollution Act
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 [section 2( k ) of the Act.]. Sewage effluent means effluent from any sewage system or sewage disposal works and includes sullage from open drains [section 2( g )].
Sewer has been defined as any conduit pipe or channel, open or closed, carrying sewage or trade effluent [section 2( gg )]. Stream‘ includes river, water course, inland water, subterranean water, sea or tidal water [section 2( j ) of Water Pollution Act].
State Government, after consulting with the state boards, can declare some area as water pollution control areas‘ and in such case, State Government may restrict the application of this Act to those specified area, by notification in the Official Gazette. The water pollution, prevention and control area may be declared either with reference to a map or line of any watershed. The area declared can be altered, added or deleted [section 19 of Water Pollution Act].
A person is prohibited from knowingly putting any matter in stream which may obstruct its flow due to which pollution may be aggravated. This restriction is not applicable for ( a ) constructing improving in or across or on the bank of river, any building, bridge, dam, sluice, drain or sewer which he has right to construct ( b ) depositing any materials on the bank for reclaiming the land or for supporting the bed of stream, if such materials do not pollute the stream ( c ) putting into any stream any sand or natural deposit. ( d ) deposit material in stream [section 24(2)]
No person shall, without the previous consent of state board, ( a ) establish or take any steps to establish any industry, operation, or process which is likely to discharge sewage into a stream or well ( b ) bring into use any new or altered outlet for discharge of sewage ( c ) begin to make new discharge of sewage [section 25].
Application for consent should be made in prescribed form. Consent can be granted by State Board subject to conditions and restrictions. Consent can be refused or withdrawn for reasons to be recorded in writing. In case of industries established without obtaining such consent, State Board can ask such industry to obtain consent and conditions may be imposed. Consent shall be deemed to have been granted unless it is given or refused within four months of making an application. State Board shall maintain a register of consents given by it and the conditions placed for such consents [section 25(6) of Water Pollution Act].
Central Government can establish Central Water Laboratory and specify its functions [section 51]. State Government can establish State Water Laboratory or authorise any laboratory or institute for that purpose [section 52].
Government Analysts with requisite qualifications can be appointed by Central Government or State Government. State Board can also appoint Board Analysts [section 53]. Report of such approved analysts can be used as evidence in Court.
Specified industries and local authorities like municipalities, municipal corporations etc. have to pay water cess at prescribed rates. This cess is to meet expenses of Central Board and State Boards. The cess has been imposed under Water (Prevention and Control of Pollution) Cess Act, 1977.
Provisions for setting up Central Board and State Boards under the Water Pollution Act are similar to provisions under Air Pollution Act. Water Pollution Act also makes provisions for formation of Joint Boards by two or more Governments of contiguous States or Central Government, State Governments and Union territories.
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