Fisheries Administration and Lagislation

Unit 6 - Laws and policies related to the environment

6.2. The Water (Prevention and Control of Pollution) Act, 1974
Article 252: Power of parliament to legislate for 2 or more states by consent and adoption of such legislation by any other state. It shall be lawful for the parliament to pass an act for regulating that matter and any act so passed shall apply to such states and to any other state by which it is adopted afterwards.
This Act provides for the protection of the coastal sea from land-based sources of pollution subject to the discretion of the state government. The main provisions aim at prevention and control of water pollution as well as restoration of water quality through the establishment of State Pollution Control Boards. In conjunction with the Coastal Regulation Zone Notification of 1991 under the Environment (Protection) Act, 1986, the Act can contribute to regulating land-based sources of pollution in the coastal waters up to a maximum distance as decided by the State government. Most SPCBs claim a very active role with respect to the coastal industries. The Annual Reports of the SPCBs do provide some background in terms of the action taken by the respective coastal state in terms of curbing pollution to the sea.
In 2003, it was reported that no known attempt has been made in any maritime State of India to protect the coastal waters from land-based sources of pollution other than an initiative taken by the Maharashtra Government for the treatment of sewage in Mumbai.
Functions of state pollution board

• To inspect trade effluents, work and plans for treatment of trade effluents under section 17 (7)
• To lay down, modify on annual effluent standards for the trade effluents and for the quality of receiving waters resulting from discharging effluents.
• To advice the state government for location of an industry or industrial activity.
• To take samples of trade effluents being discharged from any plants and to have them analyzed Eg: Harihar poly-fibers near Harihar causing major fish kill

Civil suit is also allowed in water act. i.e. an individual is also allowed for inspection of the effluent.