Water (Prevention and Control of Pollution) Act, 1974:

• It was the first legislation in independent India to establish an institutional structure to address water contamination.
  • It created the Central Pollution Control Boards (CPCB) and State Pollution Control Boards (SPCB) to monitor and prevent public water resources from being contaminated by sewage and industrial effluents.
  • The CPCB collects, collates, and disseminates technical and statistical data related to water pollution.
    • It is also empowered to conduct checks and provide guidance on adherence to technical standards.
  • The SPCB files cases and enforces compliance.
• The Act mandated industrial units to obtain permission from their state boards before setting up factories and submitting themselves to checks on compliance with prescribed norms.
• Violating the Water Act can result in industries being shut down, monetary fines, and imprisonment of up to six years.
  • However, no instances of companies or people in India have been imprisoned due to environmental violations.

1974 Act

2024 Bill

It is applicable in 25 States.

It will initially apply to Himachal Pradesh, Rajasthan, and the union territories. Other states may pass resolutions to extend its applicability to their states.

1974 Act

2024 Bill

Prior consent of the State Pollution Control Boards (SPCBs) is required to establish any industry or treatment plant that is likely to discharge sewage into a water body, sewer, or land.

The Bill specifies that the central government, in consultation with the Central Pollution Control Board (CPCB), may exempt certain categories of industrial plants from obtaining such consent.

Establishing and operating an industry without obtaining such consent from the SPCB is punishable with imprisonment of up to six years and a fine.

The bill retains this.

The Bill also adds that the central government may issue guidelines for the grant, refusal, or cancellation of consent granted by the SPCB.

It also penalises tampering with monitoring devices to determine whether any industry or treatment plant can be set up.  The penalty will be between Rs 10,000 and Rs 15 lakh.

1974 Act

2024 Bill

The state government nominates the chairman of an SPCB.

It adds that the central government will prescribe the manner of nomination and the terms and conditions of service of the chairman.

1974 Act

2024 Bill

The Act prohibits violating standards (laid down by SPCB) regarding polluting matter in water bodies or on land, barring some exemptions. Exemptions include depositing non-polluting materials on the bank of a stream for reclaiming land.  Violation of these provisions is punishable with an imprisonment term between one and a half years and six years and a fine.

The Bill removes the punishment and imposes a penalty between Rs 10,000 and Rs 15 lakh.

1974 Act

2024 Bill

An offence for which punishment is not explicitly specified is punishable with an imprisonment term of up to three months or, a fine of up to Rs 10,000, or both.

It removes imprisonment as a punishment and prescribes a penalty between Rs 10,000 and Rs 15 lakh.  Failure to pay a penalty for violation of any provision under the Act will attract an imprisonment term of up to three years or a fine up to twice the amount of penalty imposed.

1974 Act

2024 Bill

A court may take cognizance of an offence if a complaint is made by the CPCB or SPCB or a person who has given a notice of the complaint to the Boards.

The Bill adds that cognizance may also be taken if a complaint is made by the adjudicating officer.

1974 Act

2024 Bill

The head of a department will be deemed guilty for offences committed by government departments, provided that they prove due diligence was carried out to avoid such contravention.

The Bill specifies that the head of a department will be required to pay a penalty equal to one month of their basic salary if the department violates any provision of the Act.