LexThe Water (Prevention and Control of Pollution) Act, 1974
Madhya Pradesh · state statute
Open in Lexace · Ask the AI about this actxxi
THE WATER (PREVENTION AND
CONTROL OF POLLUTION)
ACT, 1974
(Act No. 6 OF 1974)
(As amended to date)
xxiii
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 Board
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
xxiv
SECTIONS
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
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
apprehended pollution of water in streams or wells
33A. Power to give directions
CHAPTER VI
FUNDS, ACCOUNTS AND AUDIT
34. Contribution by Central Government
35. Contribution by State Government
36. Fund of Central Board
37. Fund of State Board
xxv
SECTIONS
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 or directions issued under sub -section (2) of
section 33 or section 33A
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
xxvi
SECTIONS
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
*********
LIST OF ABBREVIATIONS USED
Cl. … for clause
Ins. … ” Inserted
P. … ” Page
S.
Sec. … ” Section
Ss. … ” Sections
Subs. … ” Substituted
w.e.f. … ” With effect from
THE WATER (PREVENTION AND CONTROL OF
POLLUTION) ACT, 1974
[ 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 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 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.
The Water (Prevention and Control of Pollution) Act, 1974 2
(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;
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;]
3[(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 affluent from any sewerage system or sewage disposal
works and includes sullage from open drains;
1 Subs. by Act 53 of 1988, s. 2 for cls. (b), (d) and (h).
2 Ins. by Act 44 of 1978, s. 2.
3 Subs by Act 53 of 1988, s. 2, for "trade or industry".
[Act 6 of 1974]
The Water (Prevention and Control of Pollution) Act, 1974 3
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 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.
1 Ins. by Act 44 of 1978 s. 2.
2 Subs. by Act 53 of 1988, s. 2 for cls. (b), (d) and (h).
3 Subs. by Act 53 of 1988, s. 2 or ―trade or industry‖.
4 Subs. by Act 53 of 1988, s. 3 for certain words.
[Act 6 of 1974]
The Water (Prevention and Control of Pollution) Act, 1974 4
(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 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) 2[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) 3[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;
4[(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 5*** as it may, by
notification in the Official Gazette, appoint, constitute a 6[State Pollution Control Board],
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.
1 Subs by Act 44 of 1978, s. 3 for Certain words.
2 Subs. by s. 3, ibid., for "five officials".
3 Subs by s. 3, ibid., for "three non-officials".
4 Subs. by Act 53 of 1988, s. 3, for cl. (f).
5 Certain words omitted by Act 44 of 1978, s. 4
6 Subs. by Act 53 of 1988, s. 4, for "State Board".
[Act 6 of 1974]
The Water (Prevention and Control of Pollution) Act, 1974 5
(2) A State Board shall consist of the following members, namely:-
(a) a 1[*** 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 State Government:
3[Provided that the chairman may be either whole-time or part-time as
the State Government may think fit;]
(b) 4[such number of officials, not exceeding five,] to be nominated by
the State Government to represent that Government;
(c) 5[such number of persons, not exceeding five,] to be nominated by the
the State Government from amongst the members of the local authorities
functioning within the State;
(d) 6[such number of non-officials, not exceeding three] to be nominated
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,
controlled or managed by the State Government, to be nominated by that
Government;
7[(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
1 The word "full-time" omitted by Act 44 of 1978, s. 4.
2 Subs. by s. 4, ibid., for Certain words.
3 Ins. by s. 4, ibid.
4 Subs. by s. 4 ibid., for "five officials"
5 Subs. by s. 4, ibid., for "five persons".
6 Subs. by Act 44 of 1978, s. 4, for "three non-officials".
7 Subs. by Act 53 of 1988, s. 4, for cl. (f).
[Act 6 of 1974]
The Water (Prevention and Control of Pollution) Act, 1974 6
Board shall exercise the powers and perform the functions of a State Board for that Union
Territory:
Provided that in relation to an 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.
1[(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—
(a) in the case of 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 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, 2[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,
1 Subs. by Act 44 of 1978, s. 5, for sub-section (2).
2 Subs. by s. 5, ibid, for certain words.
[Act 6 of 1974]
The Water (Prevention and Control of Pollution) Act, 1974 7
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 a whose place he was nominated.
(7) A member of a Board 1[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
1 Subs by Act 53 of 1988, s. 5, for "shall not be eligible for renomination for more than two terms".
[Act 6 of 1974]
The Water (Prevention and Control of Pollution) Act, 1974 8
(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-section (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 SEAT 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 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 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 Board as may be prescribed.
[Act 6 of 1974]
The Water (Prevention and Control of Pollution) Act, 1974 9
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.
(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[* * *
1 Ins. by Act 44 of 1978. s. 6.
2 Ins. by Act 44 of 1978, s. 7.
3 Certain words omitted by s. 8, ibid
[Act 6 of 1974]
The Water (Prevention and Control of Pollution) Act, 1974 10
1[(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.]
2[(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 Government 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 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.
1 Ins. by Act 44 of 1978, s. 8.
2 Ins. by Act 53 of 1988; s. 6.
[Act 6 of 1974]
The Water (Prevention and Control of Pollution) Act, 1974 11
(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 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;
1 Subs. by Act 44 of 1978, s. 9, for certain words.
[Act 6 of 1974]
The Water (Prevention and Control of Pollution) Act, 1974 12
(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
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 Government;
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.]
(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 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) 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;
(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;
1 Subs. by Act 53 of 1988, s. 7 for cl. (f).
2 Subs. by Act 44 of 1978, s. 9, for certain words.
[Act 6 of 1974]
The Water (Prevention and Control of Pollution) Act, 1974 13
(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 Central Government to represent the companies 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.
1 Subs. by Act 53 of 1988, s. 7, for cl. (f).
[Act 6 of 1974]
The Water (Prevention and Control of Pollution) Act, 1974 14
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 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 disposal 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;
1 Ins. by Act 53 of 1988, s. 8.
[Act 6 of 1974]
The Water (Prevention and Control of Pollution) Act, 1974 15
(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;
(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 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) 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
[Act 6 of 1974]
The Water (Prevention and Control of Pollution) Act, 1974 16
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
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
1 S. 18 renumbered as sub-section (1) thereof by Act 53 of 1988, s. 9.
[Act 6 of 1974]
The Water (Prevention and Control of Pollution) Act, 1974 17
(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.
1[(2) Where the Central Government is of the opinion that the 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 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 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.
1 Ins. by Act 53 of 1988, s. 9,
[Act 6 of 1974]
The Water (Prevention and Control of Pollution) Act, 1974 18
(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 Excerpt shown. Open the full act in Lexace.