LexThe WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974
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THE WATER (PREVENTION
AND CONTROL OF
POLLUTION) ACT, 1974
ACT NO. 6 OF 1974
(as amended to date)
i
THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974
ARRANGEMENT OF SECTIONS
_________________
CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, application and commencement
2. Definitions
CHAPTER II
THE CENTRAL AND STATE BOARDS FOR PREVENTION AND CONTROL
OF WATER POLLUTION
3. Constitution of Central Boards
4. Constitution of State Boards
5. Terms and conditions of service of members
6. Disqualifications
7. Vacation of seats by members
8. Meetings of Board
9. Constitution of committees
10. Temporary association of persons with board for particular purposes
11. Vacancy in Board not to invalidate acts or proceedings
11A. Delegation of powers to Chairman
12. Member-Secretary and officers and other employees of Board
CHAPTER III
JOINT BOARDS
13. Constitution of Joint Board
14. Composition of Joint Boards
15. Special provision relating to giving of directions.
CHAPTER IV
POWERS AND FUNCTIONS OF BOARDS
16. Functions of Central Board
17. Functions of State Board
18. Powers to give directions
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CHAPTER V
PREVENTION AND CONTROL OF WATER POLLUTION
SECTIONS
19. Power of State Government to restrict the application of the Act to certain areas
20. Power to obtain information
21. Power to take samples of effluents and procedure to be followed in connection therewith
22. Reports of the results of analysis on samples taken under section 21
23. Power of entry and inspection
24. Prohibition on use of stream or well for disposal of polluting matter, etc
25. Restrictions on new outlets and new discharges
26. Provision regarding existing discharge of sewage or trade effluent
27. Refusal or withdrawal of consent by State Board
28. Appeals
29. Revision
30. Power of State Board to carry out certain works
31. Furnishing of information to State Board and other agencies in certain cases
32. Emergency measures in case of pollution of stream or well
33. Power of Board to make application to courts for restraining apprehended polluti on of water in
streams or wells
33A. Power to give directions
33B. Appeal to National Green Tribunal
CHAPTER VI
FUNDS, ACCOUNTS AND AUDIT
34. Contributions by Central Government
35. Contributions by State Government
36. Fund of Central Board
37. Fund of State Board
37A. Borrowing powers of Board
38. Budget
39. Annual report
40. Account and audit
CHAPTER VII
PENALTIES AND PROCEDURE
41. Failure to comply with directions under sub-section (2) or sub-section (3) of section 20, or orders
issued under clause (c) of sub-section (1) of 32 or directions issued under sub-section (2) of section
33 or section 33A
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SECTIONS
42. Penalty for certain acts
43. Penalty for contravention of provisions of section 24
44. Penalty for contravention of section 25 or section 26
45. Enhanced penalty after previous conviction
45A. Penalty for contravention of certain provisions of the Act
46. Publication of names of offenders
47. Offences by companies
48. Offences by Government Departments
49. Cognizance of offences
50. Members, officers and servants of Board to be public servants
CHAPTER VIII
MISCELLANEOUS
51. Central Water Laboratory
52. State Water Laboratory
53. Analysts
54. Reports of analysts
55. Local authorities to assist
56. Compulsory acquisition of land for the State Board
57. Returns and reports
58. Bar of jurisdiction
59. Protection of action taken in good faith
60. Overriding effect
61. Power of Central Government to supersede the Central Board and Joint Boards
62. Power of State Government to supersede State Board
63. Power of Central Government to make rules
64. Power of State Government to make rules.
The Water (Prevention and Control of Pollution) Act, 1974 1
THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974
ACT NO. 6 OF 1974
[23rd March, 1974.]
An Act to provide for the prevention and control of water 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 wholesomeness of water, for the establishment, with a view to carrying out the p urposes
aforesaid, of Boards for the prevention and control of water pollution and for conferring on and assigning
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 the
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 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 whole of the States of Assam, Bihar, Gujarat, Haryana,
Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and
West Bengal and the Union Territories; and it shall apply to such other State which adopts this 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 territories, and in any other State which adopts this Act under 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, mean 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;
1[(b) "Central Board" means the Central Pollution Control Board Constituted under section 3];
(c) "member" means a member of a Board and includes the chairman thereof;
1 Subs. by Act 53 of 1988, s. 2 for cls. (b), (d) and (gg) (w.e.f. 29.9.1988)
2 The Water (Prevention and Control of Pollution) Act, 1974
1[(d) "occupier", in relation to any factory or premises, means the person who has control over the
affairs of the factory or the premises, and includes, in relation to any substance, the person in
possession of the substance];
1[(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 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;
(f) "prescribed" means prescribed 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;
1[(gg) "sewer" means any conduit pipe or channel, open or closed, carrying sewage or trade
effluent];
2[(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 extent or, as the case may be, to such point as the State
Government may, by notification in the Official 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 effect from such date
(being a date not later than six months of the commencement of this 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
1 Ins. by Act 44 of 1978, s. 2 (w.e.f. 12 -12-1978).
2 Subs. by Act 53 of 1988, s. 2 for cls. (b), (d) and (h) (w.e.f. 29.9.1988)
3 Subs. by Act 53 of 1988, s. 2 or “trade or indust ry” (w.e.f. 29.9.1988)
The Water (Prevention and Control of Pollution) Act, 1974 3
Gazette, appoint, constitute a Central Board to be called the 1[Central Pollution Control Board] to exercise
the powers conferred on and perform the functions assigned to that Board under this Act.
(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 2[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 Central Government;
(b) 3[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) 4[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 companies or corporations owned, controlled or
managed by the Central Government, to be nominated by that Government;
(f) 5[(f) a full -time member -secretary, possessing qualifications, knowledge and
experience of scientific, engineering or management aspects of pollution control, to be
appointed by the Central Government]
(3) The Central Board shall be a body corporate 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 contract, 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 6[***]
as it may, by notification in the Official Gazette, appoint, constitute a 7[State Pollution Control Board],
under such name as may be specified in the notification, 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 8[*** chairman, being a person having special knowledge or practical experience
in respect of 9[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:
1 Subs. by s. 3, ibid., for “Central Board for the Prevention and Control of Water Pollution” (w.e.f. 29.9.1988)
2 Subs. by Act 44 of 1978, s. 3, for “matters relating to the use and conservation of water resources or the prevention and control of
water pollution” (w.e.f. 12.12.1978).
3 Subs. by s. 3, ibid., for "five officials" (w.e.f. 12.12.1978).
4 Subs by s. 3, ibid., for "three non -officials" (w.e.f. 12.12.1978)
5 Subs. by Act 53 of 1988, s. 3, for clause (f) (w.e.f. 29.9.1988) .
6 Certain words omitted by Act 44 of 1978, s. 4 (w.e.f. 12.12.1978).
7 Subs. by Act 53 of 1988, s. 4, for "State Board" (w.e.f. 12.12.1978).
8 The word "full-time" omitted by Act 44 of 1978, s. 4 (w.e.f. 12.12.1978).
9 Subs. by s. 4, ibid., for Certain words (w.e.f. 12.12.1978).
4 The Water (Prevention and Control of Pollution) Act, 1974
1[Provided that the chairman may be either whole -time or part -time as the State
Government may think fit;]
(b) 2[such number of officials, not exceeding five,] to be nominated by the State Government
to represent that Government;
(c) 3[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) 4[such number of non -officials, not exceeding three] to be nominat ed by the State
Government to represent the interest 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 companies or corporations owned, c ontrolled or
managed by the State Government, to be nominated by that Government;
5[(f) a full-time member-secretary, possessing qualifications, knowledge and experience of
scientific, engineering or management aspects of pollution control, to be appointe d by the
State Government.]
(3) Every State Board shall be a body corporate 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 provisions 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, t he 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 this sub -section to such 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 this
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.
6[(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 Government 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—
1 The proviso ins. by s. 4, ibid. (w.e.f. 12.12.1978)
2 Subs. by s. 4 ibid., for "five officials" (w.e.f. 12.12.1978).
3 Subs. by s. 4, ibid., for "five persons" (w.e.f. 12.12.1978).
4 Subs. by Act 44 of 1978, s. 4, for "three non-officials" (w.e.f. 12.12.1978).
5 Subs. by Act 53 of 1988, s. 4, for cl. (f) (w.e.f. 29.9.1988)
6 Subs. by Act 44 of 1978, s. 5, for sub -section (2).
The Water (Prevention and Control of Pollution) Act, 1974 5
(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 the 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 member -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, 1[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 comp any or corporation owned,
controlled or managed by the Central Government or the State Government and such vacation of seat shall,
in either case, take effect from such date as the Central Government or, as the case may be, the State
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 office only for the remainder of the term for which the member in whose
place he was nominated.
(7) A member of a Board 2[shall be eligible for renomination].
(8) The other terms and conditions of service 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 a 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 offence which, in the opinion 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, convicted 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 secretary, manager or other salaried officer or employee of
any company or firm having any contract with the Board, or with the Government
constituting the Board, or with a local authority in the State, or with a company or
corporation owned, controlled or managed by the Government, for the carrying out of
sewerage 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 position as a member, as to render his continuance on the
Board detrimental to the interest of the general public.
1 Subs. by s. 5, ibid, for certain words.
2 Subs. by Act 53 of 1988, s. 5, for “shall not be eligible for renomination for more than two terms” (w.e.f. 29.9.1988).
6 The Water (Prevention and Control of Pollution) Act, 1974
(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 sub-section (1) and (7) of section 5, a member
who has been removed under this section shall not be eligible for re-nomination as a member.
7. Vacation of seat s by m embers. —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 three months and shall observe
such rules of procedure in regards to the transaction of business at its meetings as may be prescribed:
Provided that if, in the opinion of the chairman, any business of an urgent nature is to be
transacted, he may convene a meeting 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 committees 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.
(2) A committee constituted under this section shall meet at such time and at such place, and
shall observe such rules of procedure 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 Board) shall be paid such fees and
allowances, for attending its meetings and for attending to any other work of the Boa rd 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.
1[(3) A person associated with the Board under sub-section (1) for any purpose shall be paid such
fees and allowances, for attending 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 committee 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 such 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) Terms and conditions of
service of the member-secretary shall be such as may be prescribed.
(2) The member -secretary shall exercise such powers and perform such duties as may be
prescribed or as may, from time to time, be delegated to him by the Board or its chairman.
1 Ins. by Act 44 of 1978. s. 6 (w.e.f. 12.12.1978)
2 Ins. by Act 44 of 1978, s. 7 (w.e.f. 12.12.1978)
The Water (Prevention and Control of Pollution) Act, 1974 7
(3) Subject to such rules as may be made by the Central Government or, as the case may be, the
State Government in this behalf, a Board may appoint such officers and employees as it considers
necessary for the efficient performance of its functions 1[* * *]
2[(3A) The method of recruitment and the terms and conditions of service (including the scales of
pay) of the officers (other than the member-secretary) and other employees of the Central Board or a State
Board 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.]
3[(3B) The Board may, by general or special 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.]
(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 Board. —(1) Notwithstanding anything contained 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 Government of State contiguous to such Union territory or Union territories, to
be in force for such period and to be subject to renewal for such further period , if
any, as may be specified in the agreement to provid e for the constitution of a Joint
Board, —
(i) in a case referred to in clause (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 States and in a case referred to in clause (b) of that sub-section, for the
apportionments between the Central Government and the participating State Government or State
Governments, of the expenditure in connection with the Joint Board;
(b) determine, in a case referred to in clause (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 Government or the participating State Government (if there are more than one
participating State, also which of the participating State Governments) shall exercise and perform
1 Certain words omitted by s. 8, ibid 7 (w.e.f. 12.12.1978)
2 Ins. by Act 44 of 1978, s. 8 7 (w.e.f. 12.12.1978)
3 Ins. by Act 53 of 1988, s. 6 (w.e.f. 29 -9-1988).
8 The Water (Prevention and Control of Pollution) Act, 1974
the several powers and functions of the State Government under this Act and the references in this
Act to the State Government shall be construed accordingly;
(c) provide for consultation, in a case referred to in clause (a) of sub-section (1), between
the participating St ate Governments and in a case referred to in clause (b) of that sub -section,
between the Central Government and the participating State Government or State Governments
either generally or with reference to particular matters arising under this Act; -
(d) make such incidental and ancillary provisions, not inconsistent with this Act, as may
be deemed necessary or expedient for giving effect to the agreement.
(3) An agreement under this section shall 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
sub-section, in the Official Gazette of participating Union territory or Union territories and participating
State or States.
14. Composition of Joint Boards. —(1) A Joint Board constituted in pursuance of an agreement
entered into under clause (a) 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 1[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 Central Government;
(b) two officials from each of the participating 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 G overnments 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 owned, controlled or managed by the participating State Government;
2[(f) a full-time member secretary, possessing qualifications, knowledge and experience of
scientific, engineering or management aspects of pollution control, to be appointed by the Central
Government.]
(2) A Joint Board constituted in pursuance 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 3[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
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 participating States, as the case may be , by
the concerned participating State Government;
1 Subs. by Act 44 of 1978, s. 9, for certain words.
2 Subs. by Act 53 of 1988, s. 7 for cl. (f).
3 Subs. by Act 44 of 1978, s. 9, for certain words.
The Water (Prevention and Control of Pollution) Act, 1974 9
(c) one person to be nominated by the 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 the Central Government and one person to be
nominated by the participating State Government or State Governments to represent the interests
of agriculture, 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 other 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, controlled or managed by the Central Government and situate in the
participating Union territory or territories and two persons to be nominated by the Central
Government to represent the co mpanies or corporations owned, controlled or managed by the
participating State Governments;
1[(f) a full-time member-secretary, possessing qualifications, knowledge and experience of
scientific, engineering or management aspects of pollution control, to be appointed by the Central
Government.]
(3) When a Joint Board is constituted in pursuance of an agreement under clause (b) of sub -
section (1) of section 13, the provisions of sub-section (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 provisions of sub -section (3) of section 4
and sections 5 to 12 (inclusive) shall 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 State Board shall, unless the context otherwise requires, be
construed as including a Joint Board.
15. Special provision 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 under 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 relates 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.
1 Subs. by Act 53 of 1988, s. 7, for cl. (f).
10 The Water (Prevention and Control of Pollution) Act, 1974
(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 any matter concerning the prevention and
control of water pollution;
(b) co-ordinate the activities of the State Boards and resolve disputes among
them;
(c) provide technical assistance and guidance to the State Boards, carry out and
sponsor investigations and research relating to problems 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 comprehensive programme regarding the
prevention and control of water pollution;
1[(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];
(f) collect, compile and publish technical and statistical data relating to water
pollution and the measures devised for its effective prevention and control and prepare
manuals, codes or guides relating to treatment and disp osal of sewage and trade effluents
and disseminate information connected therewith;
(g) lay down, modify or annul, in consultation 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 nation-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 section efficiently including the analysis of samples of water from any
stream or well or of samples of any 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;
1 Ins. by Act 53 of 1988, s. 8 (w.e.f. 29.9.1988)
The Water (Prevention and Control of Pollution) Act, 1974 11
(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 Board in organising the training of persons
engaged or to be engaged in programmes 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, specifications or other data relating to plants
set up for the treatment of water, works for t he 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 effluent standards for the sewage and trade
effluents and for the qua lity 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 methods of treatment of sewage and trade
effluents, having regard to the p eculiar conditions of soils, climate and water resources of
different regions and more especially the prevailing flow characteristics of water in streams
and 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;
(j) to evolve efficient methods of disposal 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 abatement of discharge 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 both and to lay down, modify or annul effluent standards
for the sewage and trade effluents;
(n) to advice the State Government with respect to the location of any indus try
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 section efficiently, including the analysis of samples of water from any
stream or well or of samples of any sewage or trade effluents.
12 The Water (Prevention and Control of Pollution) Act, 1974
18. Powers to give Directions. —1[(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 given 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.
2[(2) Where the Central Government is of the opinion that any State Board has defaulted in
complying with any directions 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 public 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
performance of such functions may, if the State Board is empowered to recover such expen ses, 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 expenses is made until it is paid from the person or
persons concerned as arrears of land revenue or of public demand.
(4) For the removal of doubts, it is hereby declared that any directions to perform the functions
of any State Board given under sub-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 contained in this 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 the
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 control area may be declared either by reference to a
map or by reference to the line 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, prevention and control area whether by way of
extension or reduction; or
(b) define a new water pollution, prevention and control area in which may be
merged one or more water pollution, prevention and control areas, or any part or parts
thereof.
20. Power to obtain information. —(1) For the purpose of enabling a State Board to perform the
function conferred on it by or under this Act, the State Board or any officer empowered by it in that behalf,
may make surveys of any area and gauge and keep records of the flow or volume andExcerpt shown. Open the full act in Lexace.