The WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974

 1
WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 
 
[Act No. 6 of Year 1974] 
 
This document is available at www.ielrc.org/content/e7402.pdf 
 
An Act to provide for the preventi on and control of wa ter pollution and the 
maintaining or restoring of wholesomeness of water for the establishment, with a view 
to carrying out the purposes aforesaid, of  Boards for the prevention and control of 
water pollution, for conferring on and assigning to such Boards powers and functions 
relating thereto and for matters connected therewith 
 
WHEREAS it is expedient to provide for the prevention and control of water pollution 
and the maintaining or restoring of wholes omeness of water, for the establishment, 
with a view to carrying out the purposes aforesaid, of Boards for the prevention and 
control of water pollution and for conferring on and assigni ng to such Boards powers 
and functions relating thereto; 
 
AND WHEREAS Parliament has no power to make laws for the States with respect to 
any of the matters aforesaid except as  provided in articles 249 and 250 of the 
Constitution; 
 
AND WHEREAS in pursuance of clause (1) of article 252 of the Constitution 
resolutions have been passed by all the Houses  of the Legislatures of the States of 
Assam, Bihar, Gujarat, Haryana, Himachal  Pradesh, Jammu and Kashmir, Karnataka, 
Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal to th e effect that the 
matters aforesaid should be regulated in those States by Parliament by law; 
Be it enacted by Parliament in the Twenty-fifth Year of the Republic of India as follows: - 
  
CHAPTER I 
PRELIMINARY 
 
1. Short title, application and commencement 
(1) This Act may be called the Water (Prevention and Control of Pollution) Act, 1974. 
(2) It applies in the first instance to the w hole of the States of Assam, Bihar, Gujarat, 
Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya 
Pradesh, Rajasthan, Tripura and West Benga l and the Union Territories; and it shall 
apply to such other State which adopts th is Act by resolution passed in that behalf 
under clause (1) of article 252 of the Constitution. 
(3) It shall come into force at once in the States of Assam, Bihar, Gujarat, Haryana, 
Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, 
Rajasthan, Tripura and West  Bengal and in the Union Te rritories, and in any other 
State which adopts this Act unde r clause (1) of article 252 of the Constitution on the 
date of such adoption and any reference in this Act to the commencement of this Act 
shall, in relation to any State or Union Territory, means the date on which this Act 
comes into force in such State or Union Territory. 
 
2. Definitions 
In this Act, unless the context otherwise requires,- 
(a) "Board" means the Central Board or a State Board; 
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1[(b) "Central Board" means the Cent ral Pollution Control Board constituted 
under section 3;] 
(c) "member" means a member of a Board and includes the Chairman thereof; 
1[(d) "occupier" in relation to any factory or premises, means the person who has 
control over the affairs of the factor y or the premises, and includes, in 
relation to any substance, the person in possession of the substance;] 
2[(dd) "outlet" includes any conduit pipe or channel, open or closed, carrying 
sewage or trade effluent or any other holding arrangement which causes or is 
likely to cause, pollution;] 
(e) "pollution" means such contaminati on 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, ga seous or solid substance 
into water (whether directly or indirect ly) as may, or is li kely to, create a 
nuisance or render such water harmful or injurious to public health or safety, 
or to domestic, commercial, industrial, agricultural or othe r legitimate uses, 
or to the life and health of animals or plants or of aquatic organisms; 
(f) "prescribed" means pr escribed by rules made under this Act by the Central 
Government or, as the case may be, the State Government; 
(g) "sewage effluent" means effluent from any sewerage system or sewage 
disposal works and includes sullage from open drains; 
2[(gg) "sewer" means any conduit pipe or channel, open or closed, carrying sewage 
or trade effluent;] 
1[(h) "State Board" means a State Pollution Control Board constituted under 
section 4;] 
(i) "State Government" in relation to a Union Territory means the Administrator 
thereof appointed under article 239 of the Constitution;  
(j) "stream" includes- 
 (i) river; 
        (ii) water course (whether flowing or for the time being dry); 
        (iii) inland water (whether natural or artificial); 
        (iv) sub-terranean waters; 
        (v) sea or tidal waters to such ex tent or, as the case may be, to such point as 
the State Government may, by notific ation in the Offi cial Gazette, 
specify in this behalf; 
(k) "trade effluent" includes any liquid,  gaseous or solid substance which is 
discharged from any premises used for carrying on any 
3[industry, operation 
or process, or treatment and disposal system], other than domestic sewage. 
  
CHAPTER II 
THE CENTRAL AND STATE BOARDS FOR PREVENTION 
AND CONTROL OF WATER POLLUTION 
 
3. Constitution of Central Board 
(1) The Central Government shall, with eff ect from such date (being a date not later 
than six months of the commencement of th is Act in the States of Assam, Bihar, 
Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, 
Madhya Pradesh, Rajasthan, Tripura and West Bengal and in the Union Territories) as 
it may, by notification in the Official Gazette, appoint, co nstitute a Central Board to 
be called the 
4[Central Pollution Control Board] to  exercise the powers conferred on 
and perform the functions assigned to that Board under this Act. 
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(2) The Central Board shall consist of the following members, namely,- 
(a) a full-time Chairman, being a person  having special knowledge or practical 
experience in respect of 5[matters relating to envir onmental protection] or a 
person having knowledge and experience in administering institutions 
dealing with the matters aforesai d, to be nominated by the Central 
Government; 
(b) 6[such number of officials, not exceeding five], to be nominated by the 
Central Government to represent that government; 
(c) such number of persons, not exceeding five to be nominated by the Central 
Government, from amongst the members of the State Boards, of whom not 
exceeding two shall be from those referred to in clause (c) of sub-section (2) 
of section 4; 
(d) 7[such number of non-officials, not exceeding three], to be nominated by the 
Central Government, to represent the interests of agriculture, fishery or 
industry or trade or any other interest  which, in the opinion of the Central 
Government, ought to be represented; 
(e) two persons to represent the companie s or corporations owned, controlled or 
managed by the Central Government, to be nominated by that government; 
8[(f) a full-time member-secretary, pos sessing qualifications, knowledge and 
experience of scientific, engineering or manageme nt aspects of pollution 
control, to be appointed by the Central Government.] 
(3) The Central Board shall be a body cor porate with the name aforesaid having 
perpetual succession and a common seal with power, subject to the provisions of this 
Act, to acquire, hold and dispose of property and to cont ract, and may, by the 
aforesaid name, sue or be sued. 
 
4. Constitution of State Boards 
(1) The State Government shall, with effect from such date 9[***] as it may, by 
notification in the Official Gazette, appoint, constitute a 10[State Pollution Control 
Board,] under such name as may be specif ied in the no tification, to exercise the 
powers conferred on and perform the functions assigned to that Board under this Act. 
(2) A State Board shall consist of the following members, namely,- 
(a) a 11[***] Chairman, being, a person havi ng special knowledge or practical 
experience in respect of 5[matters relating to envir onmental protection] or a 
person having knowledge and experience in administering institutions 
dealing with the matters aforesai d, to be nominated by the State 
Government: 
 2 [PROVIDED that the Chairman may be either whole-time or part-time as 
the State Government may think fit;] 
(b) 6[such number of officials, not exceeding five,] to be nominated by the State 
Government to represent that government; 
(c) 12[such number of persons, not exceeding five,] to be nominated by the State 
Government from amongst the members of the local authorities functioning 
within the State; 
(d) 7[such number of non-officials, not exceeding three] to be nominated by the 
State Government to represent the interests of agriculture, fishery or industry 
or trade or any other interest which, in the opinion of the State Government, 
ought to be represented; 
(e) two persons to represent the companie s or corporations owned, controlled or 
managed by the State Government, to be nominated by that government; 
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8[(f) a full-time member-secretary, pos sessing qualifications, knowledge and 
experience of scientific, engineering or manageme nt aspects of pollution 
control, to be appointed by the State Government.] 
(3) Every State Board shall be a body corpor ate with the name specified by the State 
Government in the notification under sub-section (1), having perpetual succession and 
a common seal with power, subject to the pr ovisions of this Act, to acquire hold and 
dispose of property and to contract, and may, by the said name, sue or be sued. 
(4) Notwithstanding anything contained in this section, no State Board shall be 
constituted for a Union Territory and in relation to a Union Territory, the Central 
Board shall exercise the powers and perform the functions of a State Board for that 
Union Territory: 
PROVIDED that in relation to any Union Territory the Central Board may delegate all 
or any of its powers and functions under th is sub-section to su ch person or body of 
persons as the Central Government may specify. 
 
5. Terms and conditions of service of members 
(1) Save as otherwise provided by or under th is Act, a member of a Board, other than 
a member-secretary, shall hold office for a term  of three years from the date of his 
nomination: 
PROVIDED that a member shall, notwithstanding the expiration of his term, continue 
to hold office until his successor enters upon his office. 
13[(2) The term of office of a member of  a Board nominated under clause (b) or 
clause (e) of sub-section (2) of section 3 or clause (b) or clause (e) of sub-section (2) 
of section 4 shall come to an end as soon as he ceases to hold the office under the 
Central Government or the State Government  or, as the case may be, the company or 
corporation owned, controlled or managed by the Central Government or the State 
Government, by virtue of which he was nominated.] 
(3) The Central Government or, as the case  may be, the State G overnment may, if it 
thinks fit, remove any member of a Board before the expiry of his term of office, after 
giving him a reasonable opportunity of showing cause against the same. 
(4) A member of a Board, other than the member-secretary, may at any time resign his 
office by writing under his hand addressed- 
(a) in the case of the Chairman, to the Central Government or, as the case may 
be, the State Government; and 
(b) in any other case, to th e Chairman of the Board;  
 and the seat of the Chairman or such other member shall thereupon become 
vacant. 
(5) A member of a Board, other than the me mber-secretary, shall be deemed to have 
vacated his seat if he is absent without reason, sufficient in the opinion of the Board, 
from three consecutive meetings of the Board, 
5[or where he is nominated under 
clause (c) or clause (e) of sub-section (2) of  section 3 or under clause (c) or clause (e) 
of sub-section (2) of section 4, if he ceases to be a member of the State Board or of 
the local authority or, as the case may be , of the company or corporation owned, 
controlled or managed by the Central Govern ment or the State Government and such 
vacation of seat shall, in either case, ta ke effect from such date as the Central 
Government or, as the case may be, the St ate Government may, by notification in the 
Official Gazette, specify.] 
(6) A casual vacancy in a Board shall be filled by a fresh nomination and the person 
nominated to fill the vacancy shall hold offi ce only for the remainder of the term for 
which the member in whose place he was nominated. 
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(7) A member of a Board 14[shall be eligible for renomination.] 
(8) The other terms and conditions of servi ce of a member of a Board, other than the 
Chairman and member-secretary, shall be such as may be prescribed. 
(9) The other terms and conditions of service of the Chairman shall be such as may be 
prescribed. 
 
6. Disqualifications 
(1) No person shall be a member of Board, who- 
(a) is, or at any time has been adjudged insolvent or has suspended payment of 
his debts or has compounded with his creditors, or 
(b) is of unsound mind and stands so declared by a competent court, or 
(c) is, or has been, convicted of an offe nce which, in the opin ion of the Central 
Government or, as the case may be, of the State Government, involves moral 
turpitude, or 
(d) is, or at any time has been, convict ed of an offence under this Act, or 
(e) has directly or indirectly by himself or by any partner, any share or interest 
in any firm or company carrying on the business of manufacture, sale or hire 
of machinery, plant, equipment, apparatus or fittings for the treatment of 
sewage or trade effluents, or 
(f) is a director or a secr etary, manager or other salari ed officer or employee of 
any company or firm having any cont ract with the Board, or with the 
government constituting the Board, or with  a local authority in the State, or 
with a company or corporation ow ned, controlled or managed by the 
government, for the carrying out of sewe rage schemes or for the installation 
of plants for the treatment of sewage or trade effluents, or 
(g) has so abused, in the opinion of the Central Government or as the case may 
be, of the State Government, his pos ition as a member, as to render his 
continuance on the Board detrimental to the interest of the general public. 
(2) No order of removal shall be made by the Central Government or the State 
Government, as the case may be, under this  section unless the member concerned has 
been given a reasonable opportunity of showing cause against the same. 
(3) Notwithstanding anything contained in su b-sections (1) and (7) of section 5, a 
member who has been removed under this  section shall not be eligible for 
renomination as a member. 
 
7. Vacation of seats by members 
If a member of a Board becomes subject to any of the disqualifications specified in 
section 6, his seat shall become vacant. 
 
8. Meetings of Boards 
A Board shall meet at least once in every th ree months and shall observe such rules of 
procedure in regard to the transaction of business at its meetings as may be prescribed: 
PROVIDED that if, in the opinion of the Ch airman, any business of  an urgent nature 
is to be transacted, he may convene a meeti ng of the Board at such time as he thinks 
fit for the aforesaid purpose. 
 
9. Constitution of committees 
(1) A Board may constitute as many committ ees consisting wholly of members or 
wholly of other persons or partly of members and partly of other persons, and for such 
purpose or purposes as it may think fit. 
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(2) A committee constituted under this sectio n shall meet at such time and at such 
place, and shall observe such rules of pro cedure in regard to the transaction of 
business at its meetings, as may be prescribed. 
(3) The members of a committee (other than the members of the Board) shall be paid 
such fees and allowances, for attending it s meetings and for attending to any other 
work of the Board as may be prescribed. 
 
10. Temporary association of persons with Board for particular purposes 
(1) A Board may associate with itself in such manner, and for such purposes, as may 
be prescribed any person whose assistance or advice it may desire to obtain in 
performing any of its functions under this Act. 
(2) A person associated with the Board under sub-section (1) for any purpose shall 
have a right to take part in  the discussions of the Board relevant to that purpose, but 
shall not have a right to vote at a meeting of the Board, and shall not be a member for 
any other purpose. 
2[(3) A person associated with the Board under sub-section (1) for any purpose shall 
be paid such fees and allowances, for atte nding its meetings and for attending to any 
other work of the Board, as may be prescribed.] 
 
11. Vacancy in Board not to invalidate acts or proceedings 
No act or proceeding of a Board or any co mmittee thereof shall be called in question 
on the ground merely of the existence of any vacancy in, or any defect in the 
constitution of, the Board or such committee, as the case may be. 
 
2[11A. Delegation of powers to Chairman 
The Chairman of a Board shall exercise su ch powers and perform such duties as may 
be prescribed or as may, from time to time, be delegated to him by the Board.] 
 
12. Member-secretary and officers and other employees of Board 
(1) The terms and conditions of service of th e member-secretary shall be such as may 
be prescribed. 
(2) The member-secretary shall exercise su ch powers and perform such duties as may 
be prescribed or as may, from time to tim e, be delegated to him by the Board or its 
Chairman. 
(3) Subject to such rules as may be made by the Central Government or, as the case 
may be, the State Government in this beha lf, a Board may appoint such officers and 
employees as it considers necessary for the efficient performance of its functions. 
2[(3A) The method of recruitmen t and the terms and conditi ons of service (including 
the scales of pay) of the officers (oth er than the member-secretary) and other 
employees of the Central Board or a State Bo ard shall be such as may be determined 
by regulations made by the Central Board or, as the case may be, by the State Board: 
PROVIDED that no regulation made under this sub-section shall take effect unless- 
(a) in the case of a regulation made by the Central Board, it is approved by the 
Central Government; and 
(b) in the case of a regulation made by a State Board, it is approved by the State 
Government.] 
15[(3B) The Board may, by general or specia l order, and subject to such conditions 
and limitations, if any, as may be specified in the order, delegate to any officer of the 
Board such of its powers and functions under this Act as it may deem necessary.] 
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(4) Subject to such conditions as may be prescribed, a Board may from time to time 
appoint any qualified person to  be a consulting engineer to the Board and pay him 
such salaries and allowances and subject him to such other terms and conditions of 
service as it thinks fit. 
  
CHAPTER III 
JOINT BOARDS 
 
13. Constitution of Joint Boards 
(1) Notwithstanding anything co ntained in this Act, an agreement may be entered 
into- 
(a) by two or more governments of contiguous States, or 
(b) by the Central Government (in respect of one or more Union Territories) and 
one or more governments of States c ontiguous to such Un ion Territory or 
Union Territories, to be in force for su ch period and to be subject to renewal 
for such further period, if any, as ma y be specified in the agreement to 
provide for the constitution of a Joint Board- 
         (i) in a case referred to in cl ause (a), for all the participating States, and 
         (ii) in a case referred to in clause (b), for the participating Union Territory 
or Union Territories and the State or States. 
(2) An agreement under this section may- 
(a) provide, in a case referred to in clause (a) of sub-section (1), for the 
apportionment between the participating St ates and in a case referred to in 
clause (b) of that sub- section, for the apportionments between the Central 
Government and the participating Stat e Government or State Governments, 
of the expenditure in connection with the Joint Board; 
(b) determine, in a case referred to in clau se (a) of sub-section (1), which of the 
participating State Governments and in a case referred to in clause (b) of that 
sub-section, whether the Central Gove rnment or the participating State 
Government (if there are more than one participating State, also which of the 
participating State Governments) sha ll exercise and perform the several 
powers and functions of the State Government under this Act and the 
references in this Act to the St ate Government shall be construed 
accordingly; 
(c) provide for consultation, in a case referre d to in clause (a) of sub-section (1), 
between the participating State Governments and in a case referred to in 
clause (b) of that sub-section, betw een the Central Government and the 
participating State Government or St ate Governments either generally or 
with reference to particular matters arising under this Act; 
(d) make such incidental and ancillary provi sions, not inconsistent with this Act, 
as may be deemed necessary or expedient for giving effect to the agreement. 
(3) An agreement under this section sha ll be published, in a case referred to in 
clause (a) of sub-section (1), in the Official Gazette of the participating States and in a 
case referred to in clause (b) of that s ub-section, in the Official Gazette of the 
participating Union Territory or Union Territories and participating State or States. 
 
14. Composition of Joint Boards 
(1) A Joint Board constituted in pursuan ce of an agreement entered into under 
clause (a) of sub-section (1) of secti on 13 shall consist of the following members 
namely,- 
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(a) a full-time chairman, being a person having special knowledge or practical 
experience in respect of 5[matters relating to envir onmental protection] or a 
person having knowledge and experience in administering institutions 
dealing with the matters aforesai d, to be nominated by the Central 
Government; 
(b) two officials from each of the partic ipating States to be nominated by the 
concerned participating State Government to represent that government; 
(c) one person to be nominated by each of the participating State Governments 
from amongst the members of the local authorities functioning within the 
State concerned; 
(d) one non-official to be nominated  by each of the participating State 
Governments to represent the interests of agriculture, fishery or industry or 
trade in the State concerned or any other interest which, in the opinion of the 
participating State Government, is to be represented; 
(e) two persons to be nominated by the Central Government to represent the 
companies or corporations owne d, controlled or managed by the 
participating State Governments; 
8[(f) a full-time member-secretary, pos sessing qualifications, knowledge and 
experience of scientific, engineering or manageme nt aspects of pollution 
control, to be appointed by the Central Government.] 
(2) A Joint Board constituted in pursuan ce of an agreement entered into under 
clause (b) of sub-section (1) of section 13 shall consist of the following members, 
namely,-  
(a) a full-time Chairman, being a person  having special knowledge or practical 
experience in respect of 5[matters relating to envir onmental protection] or a 
person having knowledge and experience in administering institutions 
dealing with the matters aforesai d, to be nominated by the Central 
Government; 
(b) two officials to be nominated by  the Central Government from the 
participating Union Territory or each of the participating Union Territories, 
as the case may be, and two officials to  be nominated, from the participating 
State or each of the pa rticipating States, as the case may be, by the 
concerned participating State Government; 
(c) one person to be nominated by th e Central Government from amongst the 
members of the local authorities functioning within the participating Union 
Territory or each of the participating Union Territories, as the case may be, 
and one person to be nominated, from amongst the members of the local 
authorities functioning within the participating State or each of the 
participating States, as the case may be , by the concerned participating State 
Government; 
(d) one non-official to be nominated by Central Government and one person to 
be nominated by the participating Stat e Government or State Governments 
to represent the interests of agricultur e, fishery or industry or trade in the 
Union Territory or in each of the Union Territories or the State or in each of 
the States, as the case may be, or any ot her interest which in the opinion of 
the Central Government or, as the case  may be, of the State Government is 
to be represented; 
(e) two persons to be nominated by the Central Government to represent the 
companies or corporations owned, c ontrolled or managed by the Central 
Government and situate in the particip ating Union Territory or Territories 
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and two persons to be nominated by the Central Government to represent the 
companies or corporations owne d, controlled or managed by the 
participating State Governments; 
4[(f) a full-time member-secretary, pos sessing qualifications, knowledge and 
experience of scientific, engineering or manageme nt aspects of pollution 
control, to be appointed by the Central Government. 
(3) When a Joint Board is c onstituted in pursuance of an  agreement under clause (b) 
of sub-section (1) of secti on 13, the provisions of sub-sect ion (4) of section 4 shall 
cease to apply in relation to the Union Territory for which the Joint Board is 
constituted. 
(4) Subject to the provisions of sub-section (3), the provi sions of sub-section (3) of 
section 4 and sections 5 to 12 (inclusive) sh all apply in relation to the Joint Board and 
its member-secretary as they apply in relation to a State Board and its member-
secretary. 
(5) Any reference in this Act to the Stat e Board shall, unless the context otherwise 
requires, be construed as including a Joint Board. 
 
15. Special provisions relating to giving of directions 
Notwithstanding anything contained in this Act where any Joint Board is constituted 
under section 13- 
(a) the government of the State for which the Joint Board is constituted shall be 
competent to give any direction unde r this Act only in cases where such 
direction relates to a matter within the exclusive territorial jurisdiction of the 
State; 
(b) the Central Government alone shall be competent to give any direction under 
this Act where such direction relate s to a matter within the territorial 
jurisdiction of two or more States or pertaining to a Union Territory. 
  
CHAPTER IV 
POWERS AND FUNCTIONS OF BOARDS 
 
16. Functions of Central Board 
(1) Subject to the provisions of this Act, the main function of the Central Board shall 
be to promote cleanliness of streams and wells in different areas of the States. 
(2) In particular and without prejudice to the generality of the foregoing function, the 
Central Board may perform all or any of the following functions, namely,- 
(a) advise the Central Government on an y matter concerning the prevention and 
control of water pollution; 
(b) co-ordinate the activities of the St ate Boards and reso lve disputes among 
them; 
(c) provide technical assistance and guida nce to the State Boards, carry out and 
sponsor investigations a nd research relating to pr oblems of water pollution 
and prevention, control or abatement of water pollution; 
(d) plan and organise the training of persons engaged or to be engaged in 
programmes for the prevention, control or abatement of water pollution on 
such terms and conditions as the Central Board may specify; 
(e) organise through mass media a comp rehensive programme regarding the 
prevention and control of water pollution; 
15[(ee)  perform such of the functions of any State Board as may be specified in an 
order made under sub-section (2) of section 18;] 
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(f) collect, compile and pub lish technical and statistical data relating to water 
pollution and the measures devised for its effective prevention and control 
and prepare manuals, codes or guides re lating to treatment and disposal of 
sewage and trade effluents and disseminate information connected therewith; 
(g) lay down, modify or annul, in cons ultation with the State Government 
concerned, the standards for a stream or well: 
 PROVIDED that different standards may be laid down for the same stream 
or well or for different streams or wells, having regard to the quality of 
water, flow characteristics of the stream  or well and the nature of the use of 
the water in such stream or well or streams or wells; 
(h) plan and cause to be executed a na tion-wide programme for the prevention, 
control or abatement of water pollution; 
(i) perform such other functions as may be prescribed. 
(3) The Board may establish or recognise a laboratory or laboratories to enable the 
Board to perform its functions under this sec tion efficiently, including the analysis of 
samples of water from any stream or well or of samples of a ny sewage or trade 
effluents. 
 
17. Functions of State Board 
(1) Subject to the provisions of this Act, the functions of a State Board shall be- 
(a) to plan a comprehensive programme for the prevention, control or abatement 
of pollution of streams and wells in the State and to secure the execution 
thereof; 
(b) to advise the State Government on any matter concerning the prevention, 
control or abatement of water pollution; 
(c) to collect and disseminate information relating to water pollution and the 
prevention, control or abatement thereof; 
(d) to encourage, conduct and participate in investigations and research relating 
to problems of water pollution and prevention, control or abatement of water 
pollution; 
(e) to collaborate with the Central Boar d in organising the training of persons 
engaged or to be engaged in progra mmes relating to prevention, control or 
abatement of water pollution and to organise mass education programmes 
relating thereto; 
(f) to inspect sewage or trade effluents,  works and plants for the treatment of 
sewage and trade effluents and to review  plans, specificatio ns or other data 
relating to plants set up for the treatment of water, works for the purification 
thereof and the system for the disposal of sewage or trade effluents or in 
connection with the grant of any consent as required by this Act; 
(g) to lay down, modify or annul efflue nt standards for the sewage and trade 
effluents and for the qualit y of receiving waters (not being water in an inter-
State stream) resulting from the discharge of effluents and to classify waters 
of the State; 
(h) to evolve economical and reliable me thods of treatment of sewage and trade 
effluents, having regard to the peculiar conditions of soils, climate and water 
resources of different regions and mo re especially the prevailing flow 
characteristics of water in streams a nd wells which render it impossible to 
attain even the minimum degree of dilution; 
(i) to evolve methods of utilisation of sewage and suitable trade effluents in 
agriculture; 
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(j) to evolve efficient methods of dis posal of sewage and trade effluents on 
land, as are necessary on account of the predominant conditions of scant 
stream flows that do not provide for major part of the year the minimum 
degree of dilution; 
(k) to lay down standards of treatment of sewage and trade effluents to be 
discharged into any particular stream  taking into account the minimum fair 
weather dilution available in that stream and the tolerance limits of pollution 
permissible in the water of the stream, after the discharge of such effluents; 
(l) to make, vary or revoke any order- 
(i) for the prevention, control or abat ement of discharges  of waste into 
streams or wells; 
(ii) requiring any person concerned to construct new systems for the 
disposal of sewage and trade effluents or to modify, alter or extend any 
such existing system or to adopt such remedial measures as are 
necessary to prevent, control or abate water pollution; 
(m) to lay down effluent standards to be complied with by persons while causing 
discharge of sewage or sullage or bo th and to lay down, modify or annul 
effluent standards for the sewage and trade effluents; 
(n) to advise the State Government with  respect to the locat ion of any industry 
the carrying on of which is likely to pollute a stream or well; 
(o) to perform such other functions as may be prescribed or  as may, from time 
to time, be entrusted to it by the Central Board or the State Government. 
(2) The Board may establish or recognise a laboratory or laboratories to enable the 
Board to perform its functions under this sec tion efficiently, including the analysis of 
samples of water from any stream or well or of samples of a ny sewage or trade 
effluents. 
 
18. Power to give directions 
16[(1)] In the performance of its functions under this Act- 
(a) the Central Board shall be bound by such  directions in writing as the Central 
Government may give to it; and 
(b) every State Board shall be bound by such directions in writing as the Central 
Board or the State Government may give to it: 
 PROVIDED that where a direction gi ven by the State Government is 
inconsistent with the direction given by the Central Board, the matter shall 
be referred to the Central Government for its decision. 
15[(2) Where the Central Government is of the opinion that any State Board has 
defaulted in complying with any direct ions given by the Central Board under sub-
section (1) and as a result of  such default a grave emergency has arisen and it is 
necessary or expedient so to do in the pub lic interest, it may, by order, direct the 
Central Board to perform any of the functions  of the State Board in relation to such 
area for such period and for such purposes, as may be specified in the order. 
(3) Where the Central Board performs any of the functions of the State Board in 
pursuance of a direction under sub-section (2 ), the expenses, if any, incurred by the 
Central Board with respect to the performa nce of such functions may, if the State 
Board is empowered to recover such expe nses, be recovered by the Central Board 
with interest (at such reasonable rate as the Central Government may, by order, fix) 
from the date when a demand for such expe nses is made until it is paid from the 
person or persons concerned as arrears of land revenue or of public demand. 
 12
(4) For the removal of doubts, it is hereby d eclared that any direc tions to perform the 
functions of any State Board given under s ub-section (2) in respect of any area would 
not preclude the State Board from performing such functions in any other area in the 
State or any of its other functions in that area.] 
  
CHAPTER V 
PREVENTION AND CONTROL OF WATER POLLUTION 
 
19. Power of State Government to restrict  the application of the Act to certain 
areas 
(1) Notwithstanding anything contained in th is Act, if the State Government, after 
consultation with, or on the recommendation of  the State Board, is of opinion that the 
provisions of this Act need not apply to entire State, it may, by notification in the 
Official Gazette, restrict the application of this Act to such area or areas as may be 
declared therein as water pollution, prevention and control area or areas and thereupon 
the provisions of this Act shall apply only to such area or areas. 
(2) Each water pollution, prevention and c ontrol area may be declared either by 
reference to a map or by reference to the li ne of any watershed or the boundary of any 
district or partly by one method and partly by another. 
(3) The State Government may, by notification in the Official Gazette- 
(a) alter any water pollution, preventio n and control area whether by way of 
extension or reduction; or 
(b) define a new water pollution, preven tion and control area in which may be 
merged one or more water pollution, pr evention and control areas, or any 
part or parts thereof. 
 
20. Power to obtain information 
(1) For the purpose of enabling a State Boar d to perform the functions conferred on it 
by or under this Act, the State Board or a ny officer empowered by it in that behalf, 
may make surveys of any area and gauge and keep records of the flow or volume and 
other characteristics of any stream or well in such area, and may take steps for the 
measurement and recording of the rainfall in such area or any part thereof and for the 
installation and maintenance for those pur poses of gauges or other apparatus and 
works connected therewith, and carry out st ream surveys and may take such other 
steps as may be necessary in order to obtain any information required for the purposes 
aforesaid. 
(2) A State Board may give directions requiring any person who in its opinion is 
abstracting water from any such stream or  well in the area in quantities which are 
substantial in relation to the flow or volume of that stream or well or is discharging 
sewage or trade effluent into any such stream or well, give such information as to the 
abstraction or the discharge at such times a nd in such form as may be specified in the 
directions. 
(3) Without prejudice to the provisions of sub-section (2), a State Board may, with a 
view to preventing or controlling pollution of water, give dire ctions requiring any 
person in charge of any establishment where any 
17[industry, operation or process, or 
treatment and disposal system] is carried on, to furnish to it information regarding the 
construction, installation or operation of such establishment or of any disposal system 
or of any extension or a ddition thereto in such establishment and such other 
particulars as may be prescribed. 
 
 13
21. Power to take samples of effluent s and procedure to be followed in 
connection therewith 
(1) A State Board or any officer empowered by it in this behalf shall have power to 
take for the purpose of analysis samples of water from any stream or well or samples 
of any sewage or trade efflue nt which is passing from any plant or vessel or from or 
over any place into any such stream or well. 
(2) The result of any analysis of a sample of any sewage or trade effluent taken under 
sub-section (1) shall not be admissible in evidence in any legal proceeding unless the 
provisions of sub-sections (3), (4) and (5) are complied with. 
(3) Subject to the provisions of sub-sections  (4) and (5), when a sample (composite or 
otherwise as may be warranted by the process used) of any sewage or trade effluent is 
taken for analysis under sub-section (1), the person taking the sample shall- 
(a) serve on the person in ch arge of, or having control over, the plant or vessel 
or in occupation of the place (which pe rson is hereinafter referred to as the 
occupier) or any agent of such occupi er, a notice, then and there in such 
form as may be prescribed of his intention to have it so analysed; 
(b) in the presence of the occupier or his agent, divide the sample into two parts; 
(c) cause each Part to be placed in a cont ainer which shall be marked and sealed 
and shall also be signed both by the person taking the sample and the 
occupier or his agent; 
(d) send one container forthwith- 
(i) in a case where such sample is taken from any area situated in a Union 
Territory, to the laboratory establ ished or recognised by the Central 
Board under section 16; and 
(ii) in any other case, to the labor atory established or  recognised by the 
State Board under section 17; 
(e) on the request of the occupier or  his agent, send the second container- 
(i) in a case where such sample is taken from any area situated in a Union 
Territory, to the laborat ory established or speci fied under sub-section 
(1) of section 51; and 
(ii) in any other case, to the laborat ory established or specified under sub-
section (1) of section 52. 
18[(4) When a sample of any sewage or trad e affluent is taken for analysis under sub-
section (1) and the person taking the sample serves on the occupier or his agent, a 
notice under clause (a) of sub-section (3) and the occupier or his agent wilfully 
absents himself, then- 
(a) the sample so taken shall be placed in a container which shall be marked and 
sealed and shall also be signed by the person taking the sample and the same 
shall be sent forthwith by such person for analysis to the laboratory referred 
to in sub-clause (i) or s ub-clause (ii), as the case may be, of clause (e) of 
sub-section (3) and such person shall inform the government analyst 
appointed under sub-section (1) or sub- section (2), as the case may be, of 
section 53, in writing about the wilful absence of the occupier or his agent; and 
(b) the cost incurred in getting such sa mple analysed shall be payable by the 
occupier or his agent and in case of default of such payment, the same shall 
be recoverable from the occupier or hi s agent, as the case may be, as an 
arrear of land revenue or of public demand: 
        PROVIDED that no such recovery shall be made unless the occupier or, as 
the case may be, his agent has been gi ven a reasonable opportunity of being 
heard in the matter.] 
 14
(5) When a sample of any sewage or trade effluent is taken for analysis under sub-
section (1) and the person taking the sample serves on the occupier or his agent a 
notice under clause (a) of sub-section (3) a nd the occupier or his agent who is present 
at the time of taking the sample does not ma ke a request for dividing the sample into 
two parts as provided in clause  (b) of sub-section (3), then, the sample so taken shall 
be placed in a container which shall be marked and sealed and shall also be signed by 
the person taking the sample and the same sh all be sent forthwith by such person for 
analysis to the laboratory referred to in sub- clause (i) or sub-clause (ii), as the case 
may be, of clause (d) of sub-section (3). 
 
22. Reports of the result of analysis on samples taken under section 21 
(1) Where a sample of any sewage or trade effluent has been sent for analysis to the 
laboratory established or re cognised by the Central Board or, as the case may be, the 
State Board, the concerned Board analyst appointed under sub-sect ion (3) of section 
53 shall analyse the sample and submit a report in the prescribed form of the result of 
such analysis in triplicate to the Central Board or the State Board as the case may be. 
(2) On receipt of the report under sub-section (1), one copy of the report shall be sent 
by the Central Board or the State Board, as the case may be, to the occupier or his 
agent referred to in section 21, another c opy shall be preserved for production before 
the court in case any legal proceedings are taken against him and the other copy shall 
be kept by the concerned Board. 
(3) Where a sample has been sent for analys is under clause (e) of  sub-section (3) or 
sub-section (4) of section 21 to any la boratory mentioned therein, the government 
analyst referred to in that sub-section sh all analyse the sample and submit a report in 
the prescribed form of the result of the analysis in triplicate to the Central Board or, as 
the case may be, the State Board which sh all comply with the provisions of sub-
section (2). 
(4) If there is any inconsistency or discrepa ncy between, or variation in the results of, 
the analysis carried out by the laboratory established or recognised by the Central 
Board or the State Board, as the case may be, and that of the laboratory established or 
specified under section 51 or  section 52, as the case may be, the report of the latter 
shall prevail. 
(5) Any cost incurred in getting any sample an alysed at the request of the occupier or 
his agent shall be payable by such occupier  or his agent and in case of default the 
same shall be recoverable from him as arrears of land revenue or of public demand. 
 
23. Power of entry and inspection 
(1) Subject to the provisions of this s ection, any person empowered by a State Board 
in this behalf shall have a right at any time to enter, with such assistance as he 
considers necessary, any place- 
(a) for the purpose of performing any of the functions of the Board entrusted to 
him; 
(b) for the purpose of determining whether and if so in what manner, any such 
functions are to be performed or whet her any provisions of this Act or the 
rules made thereunder of any notice, order, direction or

Excerpt shown. Open the full act in Lexace.

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