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

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THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974
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ARRANGEMENT OF SECTIONS
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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 Board.
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.
CHAPTER V
PREVENTION AND CONTROL OF WATER POLLUTION
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.

SECTIONS
22. Reports of the result 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 appre hended pollution of water
in streams or wells.
33A. Power to give directions.
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. Accounts 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 section 32.
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.

SECTIONS
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
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 t o 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 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 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 whole of the Sta tes 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 A ct 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;
2[(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. Subs. by Act 53 of 1988, s. 2, for clause (b) (w.e.f. 29-9-1988).
2. Subs. by s. 2, ibid., for clause (d) (w.e.f. 29-9-1988).
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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 acquatic 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 sys tem 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 s.—(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 Un ion territories) as it may, by notification in the Official
Gazette, appoint, constitute 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.
(2) The Central Board shall consist of the following members, namely:—
(a) a full -time chairman, being a person having special knowledge or pra ctical experience in
respect of 5[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;

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 clause (h) (w.e.f. 29-9-1988).
3. Subs. by s. 2, ibid., for “trade or industry” (w.e.f. 29-9-1988).
4. Subs. by s. 3, ibid., for “Central Board for the Prevention and Control of Water Pollution” (w.e.f. 29-91988).
5. 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).
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(b) 1[such number of officials, not exceeding five,] to be nominated by the Central Government to
represent that Government;
(c) suc h 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) 2[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;
3[(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 nam e 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 Board.—(1) The State Government shall, with effect from such date 4*** as
it may, by notification in the Official Gazette, appoint, constitute a 5[State Pollution Control Board],
under such name as may be specified in the notifica tion, 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 6*** chairman, being a person having special knowledge or pra ctical experience in respect
of 7[matters relating to en vironmental protection] or a person having knowledge and experience in
administering institutions dealing with the matters aforesaid, to be nominated by the State
Government:
8[Provided that the chairman may be either whole-time or part-time as the State Government may
may think fit;]
(b) 9[such number of officials, not exceeding five,] to be nominated by the State Government to
represent that Government;
(c) 10[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) 11[such number of non -officials, not exceeding three ,] to be nominated by the State
Government to represent the interests of agriculture, fishery or indus try 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, controlled or manag ed by the
State Government, to be nominated by that Government;

1. Subs. by Act 44 of 1978, s. 3, for “five officials” (w.e.f. 12-12-1978).
2. Subs. by s. 3, ibid., for “three non-officials” (w.e.f. 12-12-1978).
3. Subs. by Act 53 of 1988, s. 3, for clause (f) (w.e.f. 29-9-1988).
4. The brackets and words “(being a date not later than six months of the commencement of the Act in the State)”
omitted by Act 44 of 1978, s. 4 (w.e.f. 12-12-1978).
5. Subs. by Act 53 of 1988, s. 4, for “State Board” (w.e.f. 29-9-1988).
6. The word “full-time” omitted by Act 44 of 1978, s. 4 (w.e.f. 12-12-1978).
7. Subs. by s. 4, ibid., for certain words (w.e.f. 12-12-1978).
8. The proviso ins. by s. 4, ibid. (w.e.f. 12-12-1978).
9. Subs. by s. 4, ibid., for “five officials” (w.e.f. 12-12-1978).
10. Subs. by s. 4, ibid., for “five persons” (w.e.f. 12-12-1978).
11. Subs. by s. 4, ibid., for “three non-officials” (w.e.f. 12-12-1978).

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 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, 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 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.
2[(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, th e 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—
(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, 3[or where he is nominated under clause ( c) or clau se (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 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 4[shall be eligible for renomination].

1. Subs. by Act 53 of 1988, s. 4, for clause (f) (w.e.f. 29-9-1988).
2. Subs. by Act 44 of 1978, s. 5, for sub-section (2) (w.e.f. 12-12-1978).
3. Subs. by s. 5, ibid., for certain words, brackets, letters and figures (w.e.f. 12-12-1978).
4. 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).
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(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.
(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 -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 Board .—A Board shall meet at least once in every three 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 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 w holly
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 the Board) shall be paid such fees and
allowances, for attending its meetings and for attendin g 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.
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(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) The 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.
(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 3***.
4[(3A) The method of recruitment and the terms and conditions of service (includin g 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.]
5[(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
Governments of States contiguous to such Union territory or Union territories,

1. Ins. by Act 44 of 1978, s. 6 (w.e.f. 12-12-1978).
2. Ins. by s. 7, ibid. (w.e.f. 12-12-1978).
3. Certain words omitted by s. 8, ibid. (w.e.f. 12-12-1978).
4. Ins. by s. 8, ibid. (w.e.f. 12-12-1978).
5. Ins. by Act 53 of 1988, s. 6 (w.e.f. 29-9-1988).
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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 provide 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 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 State 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 incons istent 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 parti cipating States and in a case referred to in cause ( b) of
that sub -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 pursuance of an agreement
entered into under clause ( a) of sub -section ( 1) of section 13 shall consist o f the following members ,
namely:—
(a) a full -time chairman, being a person having special knowledge or pra ctical 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 nom inated 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 owned, controlled or managed by the participating State Governments;
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.]

1. Subs. by Act 44 of 1978, s. 9, for certain words (w.e.f. 12-12-1978).
2. Subs. by Act 53 of 1988, s. 7, for clause (f) (w.e.f. 29-9-1988).
11

(2) A Joint Board constituted in pursuance of an agreement e ntered 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 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 to be nominated by the Central Government from the particip ating 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;
(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 nom inated, 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 companies or corporations owned, controlled or managed by the
participating State Governments;
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.]
(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 sec tion 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 othe rwise 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 Gov ernment 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.

1. Subs. by Act 44 of 1978, s. 9, for certain words (w.e.f. 12-12-1978).
2. Subs. by Act 53 of 1988, s. 7, for clause (f) (w.e.f. 29-9-1988).
12

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 o f 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 assista nce and guidance to the State B oards, 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 pub lish technical and statistical data relatin g to water pollution and the
measures devised for its effective prevention and control and prepare manuals, codes or guides
relating to treatment and disposal of sewage and trade effluents and disseminate informat ion
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, contro l
or abatement of water pollution;
(i) perform such other functions as may be prescribed.
(3) The Board may establish or recogni se a laboratory or laboratories to enable the Board to perform
its functions under this section efficiently including the analy sis 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).
13

(d) to encourage, conduct and participate 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 organi sing 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 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 effluent standards for the sewage and trade effluents and for the
quality 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 peculiar 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 limit s 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 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 efflu ent 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 advise the State Government with respect to the location 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 section efficiently, including the analysis of samples of water from any stream or
well or of samples of any sewage or trade effluents.
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:

1. S. 18 renumbered as sub-section (1) thereof by Act 53 of 1988, s. 9 (w.e.f. 29-9-1988).
14

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.
1[(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 the
performance of such functions may, if the State Board is empowered to recover such expenses, 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 anything 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
functions 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 and other
characteristics of any stream or well in such area, and may take s teps for the measurement and recording
of the rainfall in such area or any part thereof and for the installation and maintenance for those purposes
of gauges or other apparatus and works connected therewith, and carry out stream surveys and may take
such o ther 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 well or is discharging sewage or trade effluent into any such stream or well, to give
such information as to the abstraction or the discharge at such times and in such form as may be s pecified
in the directions.

1. Ins. by Act 53 of 1988, s. 9 (w.e.f. 29-9-1988).
15

(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 directions requiring any person in charge of any
establishment where any 1[industry, operation or process, or treatment and disposal system] is carried on,
to furnish to it info

Excerpt shown. Open the full act in Lexace.

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