Constitution and functions of central board in the water (prevention and control of Pollution)act,1974

By Amulya Nigam(B.A.L.LB 5TH Sem)University college of Law,MLSU

Introduction

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

‘Pollution’ defined in the Act

It 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. (section 2(e) of the Act)

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Features of Act

It provides for maintenance and restoration of quality of all types of surface and ground water.

It provides for the establishment of central and state boards of pollution control.

It confers them with powers and functions to control pollution.

It has provision for funds, budgets, accounts and audit of the central and state pollution control boards.

It also makes provision for various penalties for the defaulters and procedure for the same.

Legal Corporate Entities

The Act prescribed constitution of two types of Legal Corporate Entities for proper discharging of the functions and for exercising the powers under the Act.

One Central Board constituted under section 3 of the Act.

State Pollution Control Boards constituted in respective states under section 4 of the Act.

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Central board

Central Pollution Control Board

It is the main governmental organization at central level for prevention and control of water pollution.

Constituents of a central Board

A member Chairman : being a person having special knowledge or practical experience in respect of matters relating to environmental protection or a person having knowledge and experience in administering institutions dealing with the matters aforesaid to be nominated by the State Government. (he may be either whole-time or part-time as the State Government decides)

The State Government can nominate not more than five of its officials as members to represent itself in the Board.

The State Government can nominate not more than five persons to be members of the Board who are members of local authorities functioning within that state.

of scientific, engineering or management aspects of pollution control.

Constituents of a central Board

The state Government can nominate not more than three persons who are non officials but who can represent the interest of agriculture, fishery or trade or industry or any other interest which in its opinion to be represented.

The state Government can nominate two persons from the companies or corporations owned or controlled by it.

A full time Member Secretary of the Board has to be appointed by the State Government, who posses qualification, knowledge and experience of scientific, engineering or management aspects of pollution control.

Functions of Central Board (sec. 16)

The main function of the Central Board shall be to promote cleanliness of streams and wells in different areas of the States.

In particular and without prejudice to the generality of the foregoing functions, the Central Board may- - Advice the Central Government on any matter concerning the prevention and control of water pollution.- Provide technical assistance and guidance to the State Board, carry out and sponsor investigations and research relating to problems of water pollution and prevention, control or abatement of air pollution.- Perform such of the functions of any state board as may be specified in an order made under sub-section 2 of section 18- co-ordinate the activities of the State Boards and resolve disputes among them.

Functions of Central Board (sec. 16)

The Central Board may establish or recognize a laboratory or laboratories to enable the Central Board to perform its functions under this section efficiently.

It organizes training programs for prevention and control of pollution at various places (seminars).

To plan and cause to be executed a nationwide programme for the prevention, control or abatement of water pollution.

Functions of Central Board (sec. 16)

It also organizes comprehensive programs on pollution related issues through mass media.

It collects, compiles and publishes technical and statistical data related to pollution.

It prepares manuals for treatment and disposal of sewage and trade effluents.

Lays down standards for water quality parameters.

Functions of Central Board (sec. 16)

It plans nation-wide programs for prevention, control or abatement of pollution.

It establishes and recognizes laboratories for analysis of water, sewage or trade effluent samples.

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