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

The Water (Prevention and Control of Pollution) Act, 1974, was enacted by the Indian Parliament to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water in the country. This Act marks a significant step in India's legislative efforts to tackle the growing issue of water pollution, which poses severe risks to public health, agriculture, and ecosystems.

Key Points:

• Enactment Date: The Act was passed by Parliament and received the President's assent on March 23, 1974. It came into force on March 29, 1974.
• Objective: The primary objective of the Act is to prevent and control water pollution, ensure the cleanliness of water bodies, and promote measures for the preservation and restoration of the quality of water.
• Scope: The Act applies to all of India except Jammu and Kashmir (now applicable to the Union Territories of Jammu and Kashmir and Ladakh post-2019 reorganization).

Detailed table summarizing the sections of The Water (Prevention and Control of Pollution) Act, 1974, along with their descriptions:

Introduction to The Water (Prevention and Control of Pollution) Act, 1974

The Water (Prevention and Control of Pollution) Act, 1974, was enacted by the Indian Parliament to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water in the country. This Act marks a significant step in India's legislative efforts to tackle the growing issue of water pollution, which poses severe risks to public health, agriculture, and ecosystems.

Key Points

• Enactment Date: The Act was passed by Parliament and received the President's assent on March 23, 1974. It came into force on March 29, 1974.
• Objective: The primary objective of the Act is to prevent and control water pollution, ensure the cleanliness of water bodies, and promote measures for the preservation and restoration of the quality of water.
• Scope: The Act applies to all of India except Jammu and Kashmir (now applicable to the Union Territories of Jammu and Kashmir and Ladakh post-2019 reorganization).

Key Amendments

Over the years, the Act has undergone several amendments to address emerging challenges and enhance the effectiveness of water pollution control measures. Here is a table summarizing the key amendments:

These amendments have helped to keep the Act relevant and effective in addressing the changing landscape of water pollution and environmental protection in India. The Act continues to serve as a critical legislative tool in the country's ongoing efforts to safeguard its water resources.

Role of Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) in The Water (Prevention and Control of Pollution) Act, 1974

The Water (Prevention and Control of Pollution) Act, 1974, establishes a comprehensive framework for the prevention and control of water pollution in India. Two critical bodies under this Act are the Central Pollution Control Board (CPCB) and the State Pollution Control Boards (SPCBs). These bodies play pivotal roles in implementing the provisions of the Act.

Central Pollution Control Board (CPCB)

1. Establishment and Functions

• Formation: The CPCB was constituted under the Water (Prevention and Control of Pollution) Act, 1974.
• Advisory Role: It advises the Central Government on matters concerning the prevention and control of water pollution.
• Coordination: It coordinates the activities of SPCBs and resolves disputes among them.
• Technical Support: Provides technical assistance and guidance to SPCBs.
• Standards and Guidelines: Formulates and implements national standards for the quality of water and effluents.
• Research and Development: Conducts research and development activities related to water pollution control.
• Data Collection: Collects, compiles, and publishes technical and statistical data relating to water pollution.
• Public Awareness: Engages in public education and awareness programs on water pollution and its prevention.

2. Specific Functions

• Monitoring and Enforcement: Monitors the implementation of water quality standards and ensures compliance with pollution control measures.
• Central Laboratories: Establishes central laboratories to analyze water samples and support SPCBs.
• Policy Formulation: Assists in formulating policies and programs for water pollution control at the national level.

State Pollution Control Boards (SPCBs)

1. Establishment and Functions

• Formation: SPCBs are established under the same Act and operate within their respective states.
• Implementation of Laws: Enforce the provisions of the Water Act and other relevant environmental laws within the state.
• Consent Mechanism: Issue consents (permits) to industries and other establishments for the discharge of effluents into water bodies, ensuring compliance with prescribed standards.
• Monitoring: Regularly monitor the quality of water bodies and the effluents discharged by industries.
• Inspections: Conduct inspections of industrial units to check adherence to pollution control norms.
• Data Collection: Collect and disseminate data on water pollution and control measures within the state.
• Public Complaints: Address public complaints related to water pollution and take appropriate action.
• Local Awareness: Promote awareness at the state level about water pollution and control measures through education and outreach programs.

2. Specific Functions

• Effluent Standards: Implement and enforce effluent standards set by the CPCB.
• Waste Management: Oversee the management and treatment of wastewater from various sources, including industrial and domestic sectors.
• Technical Assistance: Provide technical assistance and guidance to industries on pollution control measures.
• State Laboratories: Establish state laboratories to analyze water samples and ensure compliance with pollution control norms.

Coordination between CPCB and SPCBs

• Reporting: SPCBs regularly report their activities, findings, and data to the CPCB.
• Unified Standards: SPCBs implement the standards and guidelines set by the CPCB to ensure a uniform approach to water pollution control across the country.
• Joint Initiatives: Both bodies collaborate on joint initiatives, research projects, and public awareness campaigns to address water pollution effectively.

Key Objectives of the Water (Prevention and Control of Pollution) Act, 1974

The Water (Prevention and Control of Pollution) Act, 1974, was enacted by the Indian Parliament with the primary aim of preventing and controlling water pollution and maintaining or restoring the wholesomeness of water.

1. Prevention and Control of Water Pollution: The foremost objective of the Act is to prevent and control the pollution of water bodies. This includes ensuring that harmful substances are not discharged into water sources without adequate treatment.

2. Maintaining or Restoring Water Quality: The Act seeks to maintain or restore the wholesomeness of water by ensuring that water bodies are free from pollution and safe for various uses such as drinking, irrigation, and industrial purposes.

3. Establishment of Boards: The Act provides for the establishment of Central and State Pollution Control Boards (CPCB and SPCBs) to implement its provisions. These boards are responsible for regulating and monitoring the discharge of pollutants into water bodies and for taking necessary measures to prevent and control water pollution.

4. Regulation of Polluting Activities: One of the key objectives is to regulate industries and other activities that discharge pollutants into water bodies. This includes granting consents (permits) for the discharge of effluents and ensuring that these discharges meet prescribed standards.

5. Promotion of Clean Technology: The Act encourages the adoption of clean and efficient technologies that reduce the generation of pollutants and promote the conservation of water resources.

6. Public Participation and Awareness: The Act aims to involve the public in the prevention and control of water pollution. This includes creating awareness about the harmful effects of water pollution and encouraging public participation in pollution control measures.

7. Scientific Research and Development: The Act promotes research and development activities related to water pollution control. This includes the development of new methods and technologies for the treatment and management of water pollution.

8. Inspection and Monitoring: Regular inspection and monitoring of water bodies and polluting sources are mandated to ensure compliance with the Act's provisions. This includes taking corrective actions against violators.

9. Legal Framework for Enforcement: The Act provides a legal framework for the enforcement of its provisions, including penalties and punishments for non-compliance. This ensures that violators are held accountable and deterred from polluting water bodies.

10. Coordination between Central and State Authorities: The Act aims to ensure effective coordination between the Central and State authorities in the implementation of water pollution control measures. This includes uniform standards and policies across the country.

The Environment ( Protection ) Act, 1986 and Rules 1986

Date and Historical Context

The Environment (Protection) Act, 1986, also known as Umbrella Act, enacted by the Parliament of India, came into force on November 19, 1986. The historical context of this Act is deeply rooted in the growing environmental consciousness and the global environmental movement of the late 20th century.

Historical Context

1. Bhopal Gas Tragedy: The immediate impetus for the Act was the Bhopal Gas Tragedy in December 1984, one of the world's worst industrial disasters, which highlighted the dire need for stringent environmental regulation in India. The disaster exposed significant gaps in the existing environmental laws and underscored the necessity for a comprehensive legislative framework to protect the environment and public health.

2. Global Environmental Awareness: The Act was also influenced by the global environmental movement that gained momentum in the 1970s and 1980s. International events such as the Stockholm Conference on the Human Environment (1972) played a crucial role in shaping environmental policies worldwide, including in India.

3. Indian Constitutional Mandates: The Act aligns with the constitutional mandate provided under Article 48-A and Article 51-A(g) of the Indian Constitution. Article 48-A directs the State to protect and improve the environment and safeguard forests and wildlife, while Article 51-A(g) enjoins upon every citizen the duty to protect and improve the natural environment, including forests, lakes, rivers, and wildlife.

Enactment of The Environment (Protection) Act, 1986

• Purpose and Objectives: The primary objective of the Environment (Protection) Act, 1986, is to provide for the protection and improvement of the environment. The Act aims to implement the decisions of the United Nations Conference on the Human Environment relating to the protection and improvement of the human environment and the prevention of hazards to human beings, other living creatures, plants, and property.

• Comprehensive Legislation: The Act is an umbrella legislation designed to fill the gaps in the existing environmental laws. It extends to the whole of India and provides the central government with the authority to regulate all forms of environmental pollution and to enforce environmental standards.

• Key Provisions

  • Authority and Powers: The Act empowers the central government to take all necessary measures to protect and improve the quality of the environment and to prevent, control, and abate environmental pollution.
  • Rules and Standards: The central government can establish standards for emissions and effluents, regulate the location of industries, manage hazardous substances, and coordinate actions by various authorities to avoid duplication of efforts.
  • Penalties: The Act stipulates stringent penalties for non-compliance with its provisions, including imprisonment and fines.

The Environment (Protection) Rules, 1986

• Date of Notification: The Environment (Protection) Rules were notified on November 19, 1986, under the provisions of the Environment (Protection) Act, 1986.

• Purpose: The Rules provide detailed procedures for implementing the provisions of the Act. They specify the standards for emissions or discharge of environmental pollutants from various sources and lay down procedures for environmental impact assessment and environmental audit.

• Key Provisions:

  • Standards for Pollutants:
    • The Rules prescribe the maximum allowable concentrations of various pollutants in the environment (air, water, and soil).
  • Environmental Clearances:
    • They establish the requirement for obtaining environmental clearances for new projects and for the expansion or modernization of existing projects.
  • Management of Hazardous Substances:
    • The Rules include specific provisions for the handling, storage, and disposal of hazardous substances to prevent accidents and mitigate their impact on the environment and human health.

Main provisions of the Environment Protection Act

The Environment Protection Act (EPA) of 1986 is a key legislation in India aimed at protecting and improving the quality of the environment.

1. Purpose and Scope: The EPA is enacted to provide for the protection and improvement of the environment and for matters connected therewith. It applies to the whole of India.

2. Central Government's Powers: The Act empowers the central government to take measures for the protection and improvement of the quality of the environment and the prevention, control, and abatement of environmental pollution.

3. Environmental Standards and Regulations: The EPA authorizes the central government to establish standards for the quality of the environment in various aspects such as air, water, and soil. It also empowers the government to regulate industrial activities to prevent pollution.

4. Regulation of Hazardous Substances: The Act regulates the handling and disposal of hazardous substances to prevent environmental contamination. It requires industries dealing with hazardous materials to adhere to specified safety measures and protocols.

5. Pollution Control Boards: The EPA mandates the establishment of Central Pollution Control Board (CPCB) at the national level and State Pollution Control Boards (SPCBs) at the state level. These boards are responsible for implementing the provisions of the Act and regulating pollution.

6. Power to Issue Directions: The central government has the authority to issue directions to any person, officer, or authority regarding the prevention, control, and abatement of environmental pollution. Non-compliance with these directions is punishable under the Act.

7. Environmental Impact Assessment (EIA): The EPA emphasizes the importance of conducting Environmental Impact Assessments (EIAs) for proposed industrial and developmental projects. EIAs evaluate the potential environmental impact of projects and propose mitigation measures.

8. Penalties and Enforcement: The Act prescribes penalties for contravention of its provisions, including fines and imprisonment. It also empowers designated officers to inspect premises, seize samples, and take legal action against polluters.

9. Public Participation: The EPA encourages public participation in environmental protection by allowing citizens to report environmental violations and participate in decision-making processes related to environmental issues.

10. Whistleblower Protection: The Act provides protection to individuals who report environmental violations in good faith. It prohibits retaliation against whistleblowers and ensures their anonymity and safety.

11. Rule-making Powers: The central government has the authority to make rules and regulations for the effective implementation of the Act. These rules cover various aspects of environmental protection, pollution control, and compliance monitoring.

12. Information Dissemination: The EPA requires industries to furnish information about their activities and environmental performance. It also mandates the dissemination of information regarding environmental quality, pollution levels, and regulatory measures to the public.

These provisions collectively empower the government to regulate and control pollution, promote sustainable development, and safeguard the environment for present and future generations.

Limitations of the Act

1. Centralization of Authority: The Act is heavily centralized, granting extensive powers to the Central Government with limited involvement of state governments. This centralized structure may lead to potential arbitrariness and misuse of power.

2. Lack of Public Participation: The Act does not adequately address public participation in environmental protection efforts. Public involvement is crucial for holding authorities accountable, raising awareness, and fostering a sense of responsibility towards the environment.

3. Incomplete Coverage of Pollutants: The Act does not comprehensively address modern forms of pollution such as noise pollution, transportation congestion, and radiation, which are increasingly significant contributors to environmental degradation.

Scheme of labelling of environmentally friendly products (Eco mark)

Eco Mark

The Eco Mark, also referred to as the Eco Label, is a designation for products that are environmentally friendly and meet the standards of the Eco Mark Scheme. This scheme is administered by the Bureau of Indian Standards (BIS) under the BIS Act of 1986. BIS sets the eligibility criteria, evaluates, and certifies products, permitting manufacturers to use the Eco Mark on their certified goods.

The Eco Mark Scheme has five key objectives:

1. To motivate importers and manufacturers to minimize the negative environmental impacts of their products.
2. To recognize and reward companies for their efforts and initiatives in adopting environmentally friendly practices.
3. To inform consumers, enabling them to consider environmental factors in their purchasing decisions and to adopt more eco-friendly habits in their daily lives.
4. To encourage consumers to buy products that have a lesser environmental impact.
5. To support the sustainable management of resources and enhance environmental quality.

ECO Mark Scheme Overview

Full Form: ECO Mark stands for "Eco-Friendly Mark."

Logo: The ECO Mark logo typically features a green symbol, often incorporating elements of nature such as leaves, trees, or the Earth. The design emphasizes environmental sustainability and eco-friendliness.

Products List

The ECO Mark is awarded to products across a wide range of categories that meet specific environmental criteria. Some of the typical product categories include:

1. Textiles and Apparel: Organic cotton clothing, eco-friendly fabrics, and sustainable fashion items.
2. Paper Products: Recycled paper, eco-friendly stationery, and biodegradable paper goods.
3. Cleaning Products: Biodegradable detergents, eco-friendly soaps, and green cleaning solutions.
4. Electronics: Energy-efficient appliances, recyclable electronic devices, and eco-friendly gadgets.
5. Building Materials: Sustainable construction materials, non-toxic paints, and energy-efficient windows.
6. Personal Care Products: Organic skincare, eco-friendly cosmetics, and biodegradable personal hygiene items.
7. Furniture: Products made from sustainably sourced wood and recyclable materials.
8. Food Products: Organic foods, products with sustainable packaging, and eco-friendly agricultural products.

Benefits of the ECO Mark Scheme

1. Environmental Protection: Encourages the production and consumption of environmentally friendly products, reducing ecological footprints.
2. Consumer Trust: Builds consumer confidence as the ECO Mark signifies that the product meets high environmental standards.
3. Market Differentiation: Helps businesses stand out in the market by showcasing their commitment to sustainability.
4. Compliance with Regulations: Assists companies in adhering to environmental regulations and standards.
5. Corporate Image: Enhances the corporate social responsibility (CSR) profile of companies.
6. Resource Efficiency: Promotes the efficient use of resources, reducing waste and conserving energy.

Certification Process

1. Application: Manufacturers or producers apply for the ECO Mark certification for their products.
2. Evaluation: The products are evaluated based on specific environmental criteria, which may include lifecycle analysis, resource usage, energy efficiency, and the absence of harmful substances.
3. Testing: Independent testing and verification may be conducted to ensure compliance with the ECO Mark standards.
4. Approval: If the product meets all the necessary criteria, it is awarded the ECO Mark certification.
5. Monitoring: Continuous monitoring and periodic re-evaluation ensure that certified products maintain their eco-friendly standards.

The specific criteria and processes can vary by country and certifying body, as multiple organizations globally might administer similar eco-labeling schemes. For instance, Japan has its own version of the Eco Mark administered by the Japan Environment Association.

Eco Mark Symbol/Eco Mark Logo

The Eco Mark logo features an earthen pot, symbolizing the use of renewable resources such as clay, which requires minimal energy and produces no hazardous waste. This emblem represents both the strength and fragility of the ecosystem. Products displaying the Eco Mark are identified as environmentally preferable. When a product carries both the Eco Mark and the ISI mark, it signifies that it meets the specified environmental and quality standards of the relevant Indian Standards. The combination of the Eco logo and ISI mark is given below:

Criteria for Eco Mark

To be eligible for the Eco Mark, products must adhere to specific environmental and quality criteria set by the Bureau of Indian Standards (BIS). These criteria evaluate the product's environmental impact throughout its lifecycle, including raw material extraction, production, usage, and disposal.

Documents Required for Eco Mark Certification

Applicants need to submit various documents, including product specifications, manufacturing process details, environmental impact assessments, and any other relevant information that supports the product's compliance with the Eco Mark criteria.

Public Liability Insurance Act, 1991

Introduction Date

• Date of Enactment: The Public Liability Insurance Act, 1991 was enacted on 22nd January 1991.
• Date of Commencement: The Act came into force on 1st April 1991.

Historical Structure

Background and Need for the Act:

• Bhopal Gas Tragedy: The impetus for the Public Liability Insurance Act, 1991 was the Bhopal Gas Tragedy of December 1984, one of the world's worst industrial disasters. This incident highlighted the need for legislation to provide immediate relief to victims of industrial accidents.
• Environmental Concerns: Growing environmental concerns and the need for stringent measures to handle hazardous substances also necessitated the creation of this Act.

Purpose of the Act

• The primary objective of the Act is to provide immediate relief to persons affected by accidents occurring while handling hazardous substances.
• It aims to ensure that the owners of hazardous substances are adequately insured against liabilities arising from such accidents.

Notable Amendments

1. 1992 Amendment:

   • Clarified the insurance policy details required under Section 4.
   • Expanded the procedural rules under Section 16.

2. 2010 Amendment:

   • Modified the management and utilization procedures for the Environmental Relief Fund under Section 7.

These amendments have been incorporated to ensure better clarity, enhanced protection mechanisms, and efficient management of the fund. For more detailed and specific information, it is recommended to refer to the official text of the amendments and the consolidated act.

Implementation and Impact

• Insurance Policies: The Act mandates that owners of hazardous substances take out insurance policies to cover potential liabilities.
• Environmental Relief Fund: Establishes a fund to provide immediate relief to victims and ensure quick disbursal of compensation.
• Legal Framework: Provides a legal framework for claims, awards, and appeals, ensuring that victims have a clear path to seek compensation.
• Enhanced Safety: Encourages better safety practices among industries handling hazardous substances to mitigate the risk of accidents.

Key Objectives

1. Immediate Relief to Victims: Ensure quick and adequate compensation to individuals affected by accidents involving hazardous substances.
2. Mandatory Insurance: Require owners of industrial operations involving hazardous substances to obtain insurance policies that cover potential liabilities.
3. Environmental Relief Fund: Establish a fund to provide compensation for damages caused by accidents involving hazardous substances and ensure quick disbursement of relief.
4. No-Fault Liability: Implement a principle of "no-fault" liability, meaning that victims are entitled to compensation without needing to prove negligence on the part of the industrial operation.
5. Promotion of Safety Practices: Encourage industries to adopt safer practices in the handling and management of hazardous substances to prevent accidents.

Penalties

1. Failure to Insure (Section 4): Owners who fail to take out the necessary insurance policies face penalties. The specific fines and penalties can vary based on the severity of the violation and jurisdictional enforcement.
2. Contravention of Directions (Section 12 and Section 13): Penalties are imposed on owners who do not comply with directives issued by authorities to prevent accidents or reduce hazards. This includes fines and potential imprisonment for repeat or severe violations.
3. Offences by Companies (Section 14): Companies found in violation of the Act's provisions can face significant penalties, including fines. The responsible individuals within the company, such as directors or managers, can also be held liable.
4. Cognizable Offences (Section 15): Offences under this Act are cognizable, meaning authorities have the power to arrest without a warrant and initiate legal proceedings.

Major Provisions under The Public Liability Insurance Act, 1991

The Public Liability Insurance Act, 1991, has several major provisions designed to ensure immediate relief to victims of accidents involving hazardous substances and to promote safer industrial practices.

1. No-Fault Liability (Section 3)

• Principle: The Act establishes the principle of no-fault liability, meaning that victims of accidents involving hazardous substances are entitled to compensation regardless of any fault or negligence.
• Compensation: The amount of compensation is predetermined and does not require the victim to prove the negligence of the owner of the hazardous substance.

2. Mandatory Insurance (Section 4)

• Requirement: Owners of industrial units that handle hazardous substances are required to take out insurance policies to cover potential liabilities for accidents.
• Coverage: The insurance policy must cover the amount specified under the Act, ensuring adequate compensation to victims.

3. Environmental Relief Fund (Section 6 and Section 7)

• Establishment: The Act mandates the creation of an Environmental Relief Fund.
• Purpose: The fund is used to provide relief to victims and manage compensation for damages caused by accidents involving hazardous substances.
• Contribution: A part of the insurance premium paid by the owner of hazardous substances is credited to this fund.

4. Claims and Awards (Sections 8-10)

• Application for Claims (Section 8): Victims or their legal representatives can file claims for compensation with the prescribed authority.
• Award of Relief (Section 9): The authority assesses the claim and awards relief based on the severity and impact of the accident.
• Appeal (Section 10): There is a provision for appeal against the decisions regarding the award of relief.

5. Verification and Publication of Insurance Policies (Section 5)

• Verification: The Act mandates verification of insurance policies taken by owners to ensure compliance with the law.
• Publication: Details of the insurance policies must be made public to ensure transparency and accountability.

6. Powers and Penalties (Sections 11-15)

• Power to Call for Information (Section 11): Authorities have the power to call for information and documents from owners to ensure compliance with the Act.
• Power to Give Directions (Section 12): Authorities can issue directions to owners regarding the handling of hazardous substances to prevent accidents.
• Penalties for Contravention (Section 13): Owners who fail to comply with the provisions of the Act, including taking out the required insurance, face penalties. This includes fines and potential imprisonment.
• Offences by Companies (Section 14): The Act holds companies and their management accountable for violations. This section specifies penalties for companies and responsible individuals within the company.
• Cognizable Offences (Section 15): Offences under this Act are cognizable, meaning law enforcement authorities can arrest individuals without a warrant.

7. Miscellaneous Provisions (Sections 16-19)

• Power to Make Rules (Section 16): The Act grants the government the authority to make rules for carrying out the provisions of the Act.
• Power to Remove Difficulties (Section 17): Provides the government with the power to address any difficulties in implementing the Act.
• Protection of Action Taken in Good Faith (Section 18): Offers protection to individuals acting in good faith under the provisions of the Act.
• Overriding Effect (Section 19): Ensures that the provisions of the Act take precedence over any other inconsistent laws.

The Public Liability Insurance Act, 1991, is designed to provide immediate and adequate relief to victims of industrial accidents involving hazardous substances. Its major provisions include mandatory insurance, the establishment of an Environmental Relief Fund, and the implementation of a no-fault liability principle. Additionally, the Act outlines a comprehensive framework for claims, awards, verification of insurance policies, and penalties for non-compliance, ensuring both preventive and remedial measures for industrial safety.