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THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974
CHAPTER I
PRELIMINARY
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 Boards
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
CHAPER 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
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 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 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. 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 of 20 or orders issued under clause (c) of sub-section (1) of 32
or direction 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 or 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 analysis
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 rule
64. Power of State Government to make rules
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 my 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, Kerla
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;
2[(d) “Occupier”, in relation to any factory or premises, means the person
who has control over the affairs of the factory or the premies, 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;
2[(gg) “Sewer” means any conduit pipe or channel, open or closed, carrying
sewage or trade effluent;]
4[(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 5[industry, operation or
process, or treatment and disposal system], other than domestic sewage.
1. Sub. by Act 53 of 1988, & 2, for Cls. (b), (d) and (b).
2. Ins. by Act 44 of 1978, S. 2.
3. Subs. by Act 53 of 1988, S. 2, for “trade or industry”.
4. Subs. by Act 53 of 1988, S. 2, for Cls. (b), (d) and (b).
5. Subs. by Act 53 of 1988, S; 2, for “trade or industry”.
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 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[mattes 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 ot 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.
1. Subs. by Act 53 of 1988, S. 3.
2. Subs. by Act 44 of 1978, S. 3.
3. Subs by Act 44 of 1978, S. 3, for “three non-officials”.
4. Subs. by Act 53 of 1988, S. 3, for Cl. (f).
4. Constitution of State Boards-
(1) The State Government shall, with effect from such date 1*** as it may,
by notification in the Official Gazette, appoint, constitute a 2[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 3[*** chairman, being a person having special knowledge or practical
experience in respect of 4[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.
5[Provided that the chairman may be either whole-time or part-time as the State
Government may think fit;]
(b) 6[such number of officials, not exceeding five,] to be nominated by
the State Government to represent that Government;
(c) 7[such number of person, not exceeding five,] to be nominated by the
State Government from amongst the members of the local authorities functioning
within the State;
(d) 8[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;
9[(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 used.
(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 an Union territory the Central Board may delegate
all or any or its powers and functions under this sub-section to such person or
body of persons as the Central Government may specify.
1. Omitted by Act 44 of 1978, S.4
2. Subs. by Act 53 of 1988, S. 4, for “State Board”
3. The word “full-time” omitted by Act 44 of 1978, S. 4.
4. Subs. by Act 44 of 1978, S. 4.
5. Ins. by Act 44 of 1979, s. 4.
6. Subs. by Act 44 of 1978, S. 4, for “five officials”.
7. Subs. by Act 44 of 1978, S. 4, for “five persons”.
8. Subs. by Act 44 of 1978, S. 4, for “three non-officials”.
9. Subs. by Act 53 of 1988, S. 4, for Cl. (f).
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 think 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, any 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 fie 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, 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 Gazettee,
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 lie was nominated.
(7) A member of a Board 3 [shall be eligible for re-nomination].
(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.
1. Subs. by Act 44 of 1978, S. 5, for subsection (2).
2. Subs. 6y Act 44 of 1978, S. 5, for certain words.
3. Subs by Act 53 of l988, S.5, for “shall not be eligible for
rennomination for more than two terms”.
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 any 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 re-nomination as a-member.
7. Vacation of seats by members- If a member of a Board becomes subject
to any of the disqualifications specified in section 6, his seat shall become
vacant.
8. Meetings of Boards - A Board shall meet at least once in every 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, lie may convene a meeting of the Board at such time
as lie 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.
10. Temporary association of persons with Board for Particular purposes-
(1) A Board may associate with itself in such manner, and for such may be
prescribed any Person whose assistance or advice it such purpose, as in
Performing any of its functions under this Act may desire to obtain
(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 purposes, 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.]
1. Ins. by Act 44 of 1978, S. 6.
11. Vacancy in Board not to invalidate acts or proceedings- No act or
proceeding of a Board or any committee thereof shall 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.
1[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.)
1. Ins. by Act 44 of 1978. S. 7.
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, 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
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 is thinks fit.
1. Omitted by Act 44 of 1978, S. 8.
2. Ins. by Act 44 of 1978, S. 8.
3. Ins. by Act 53 of 1988, S. 6.
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 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 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
subsection (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) Made 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 Boards 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
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.]
(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;
(c) One person to be nominated by the Central Government from one 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 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 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.
1. Subs. by Act 44 of 1978, S. 9.
2. Subs. by Act 53 of 1988, S. 7, for Cl. (f).
3. Subs. by Act 44 of 1978, S. 9.
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.
(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
programmers 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 program 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 naturals, 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;
(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.
1. Ins. by Act 53 of 1988, S. 8.
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 or 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 evole 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 limits of pollution
permissible in the water of the stream, after the discharge of such effluents;
(1) 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 effluent standards to be compiled with by persons while
causing discharge of sewage or sullage or both 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:
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 and 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 tile
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 subsection (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.]
1. S. 18 renumbered as subsection (1) thereof by Act 53 of 1988, S. 9.
2. Ins. by Act 53 of 1988, S. 9.
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 and other characteristics of an stream or well ill such area,
and may take steps for the measurement and recording of the rainfall in such
area or any part thereto 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 other steps as may be necessary in order to
obtain any information required for the purposes aforesaid.
(2) A State Board may give directions requiring any person who in its
opinion is abstracting water from any such stream or well in the area in
quantities which are substantial in relation to the flow or volume of the at
stream or 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 specified in the directions.
(3) Without prejudice to the provisions of sub-section (2), a State Board
may, with a view to preventing or controlling pollution of water, give
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 information regarding the construction, installation or
operation of such establishment or of any disposal system or of any extension or
addition thereto in such establishment and such other particulars as may be
prescribed.
1. Subs. by Act 53 of 1988, S. 10 for “industry or trade”.
21. Power to take samples of effluents and procedure to be followed in
connection therewith-
(1) A State Board or any officer empowered by it in this behalf shall have
power to take for the purpose of analysis samples of water from any stream or
well or samples of any sewage or trade effluent which is passing from any plant
or vessel or from or over any place into any such stream or well.
(2) The result of any analysis of a sample of any sewage or trade effluent
taken under sub-section (1) shall not be admissible in evidence in an legal
proceeding unless the provisions of sub-sections (3), (4) and (5) are complied
with.
(3) Subject to the provisions of sub-sections (4) and (5), when a sample
(composite or otherwise as may be warranted by the process used) of any sewage
or trade effluent is taken for analysis under sub-section (1), the person taking
the sample shall-
(a) Serve on the person in charge of, or having control over, the plant or
vessel or in occupation of the place (which person is hereinafter referred to as
the occupier) or any agent of such occupier, a notice, them and there in such
form as may be prescribed of his intention ot have it so analysed;
(b) In the presence of the occupier or his agent, divide the sample into
two parts;
(c) Cause each part to be placed in a container which shall be marked and
sealed and shall also be signed both by the person taking the sample and the
occupier or his agent;
(d) Send one container forthwith,-
(i) In a c se where such sample is taken from any area situated in a
Union territory, to the laboratory established or recognised by the Central
Board under section 16; and
(ii) In any other case, to the laboratory established or recognised by the
State Board under section 17;
(e) On the request of the occupier or his agent, send the second
container, -
(i) In a case where such sample is taken from any area situated in a
Union territory, to the laboratory established or specified under sub-section
(1) of section 51; and
(ii) In an other case, to the laboratory established or specified under
sub-section (1) of section 52.
1[(4) When a sample of any sewage or trade effluent is taken for analysis
under sub-section (1) and the person taking the sample serves on the occupier or
his agent, a notice under clause (a) of sub-section (3) and the occupier or his
agent wilfully absents himself, then,-
(a) The sample so taken shall be placed in a container, which shall be
marked and sealed and shall also be signed by the person taking the sample and
the same shall be sent forthwith by such person for analysis to the laboratory
referred to in sub-clause (i) or sub-clause (ii), as the case may be, of clause
(e) of sub-section (3) and such person shall inform the Government analyst
appointed wider subsection (1) or subsection (2), as the case may be, of section
53, in writing about the wilful absence of the occupier or his agent; and
(b) The cost incurred in getting such sample analysed shall be payable by
the occupier or his agent and in case of default of such payment, the same shall
be recoverable from the occupier or his agent, as tile case may be, as an arrear
of land revenue or of public demand:
Provided that no such recovery shall be made unless the occupier or, as the case
may be, his agent has been given a reasonable opportunity of being heard in the
matter.]
(5) When a sample of any sewage or trade effluent is taken for analysis
under sub-section (1) and the person taking the sample serves on the occupier or
his agent a notice under clause (a) of sub-section (3) and the occupier or his
agent who is present at the time of taking the sample does not make a request
for dividing the sample into two parts as provided in clause (b) of sub-section
(3), then, the sample so taken shall be placed in a container which shall be
marked and sealed and shall also be signed by the person taking the sample and
the same shall be sent forthwith by such person for analysis to analysis to the
laboratory referred to in sub-clause (i) or sub-clause (ii), as the case may be,
of clause (d) of sub-section (3).
1. Subs. by Act 44 of 1979, S. 10, for subsection (4).
22. Reports of the results of analysis on samples taken under section 21-
(1) Where a sample of any sewage or trade effluent has been sent for
analysis to the laboratory established or recognised by the Central Board or, as
the case may be, the State Board, the concerned Board analyst appointed under
sub-section (3) of section 53 shall analyse the sample and submit a report in
the prescribed form of the result of such analysis in triplicate to the Central
Board or the State Board, as the case may be.
(2) On receipt of the report under sub-section (1), one copy of the report
shall be sent by the Central Board or the State Board, as the case may be, to
tile occupier or his agent referred to in section 21, another copy shall be
preserved for production before the court in case any legal proceedings are
taken against him and the other copy shall be kept by concerned Board.
(3) Where a sample has been sent for analysis under clause (e) of
sub-section (3) or sub-section (4) of section 21 to any laboratory mentioned
therein, the Government analyst referred to in that sub-section shall analyse
the sample and submit a report in tile prescribed form of the result of the
analysis in triplicate to the Central Board or, as the case may be, the State
Board which shall comply with tile provisions of subsection (2).
(4) If there is any inconsistency or discrepancy between, or variation in
the results of, the analysis carried out by the laboratory established or
recognised by the Central Board or the State Board, as the case may be, and that
of the laboratory established or specified under section 51 or section 52, as
the case may be, the report of the latter shall prevail.
(5) Any cost incurred in getting any sample analysed at the request of the
occupier or his agent shall be payable by such occupier or his agent and in case
of default the same shall be recoverable from him as arrears of land revenue or
of public demand.
23. Power of entry and inspection-
(1) Subject to the provisions of this section, any person empowered by a
State Board in this behalf shall have a right at any time to enter, with such
assistance as he considers necessary, any place-
(a) For the purpose of performing any of the functions of the Board
entrusted to him;
(b) For the, purpose of determining wheter and if so in what manner, any
such functions are to be performed or whether any provisions to this Act or the
rules made thereunder of an notice, order, direction or authorisation served,
made, given, or granted under this Act is being or has been complied with;
(c) For the purpose of examining any plant, record, register, document or
any other material object or for conducting a search of any place in which he
has reason to believe that an offence under this Act or the rules made
thereunder has been or is being or is about to be committed and for seizing any
such plant, record, register, document or other material object, if lie has
reason to believe that it may furnish evidence of the commission of an offence
punishable under this Act or the rules made thereunder :
Provided that the right to enter under this subsection for the inspection of a
well shall be exercised only at reasonable hours in a case where such well is
situated in any premises used for residential purposes and the water thereof is
used exclusively for domestic purposes.
(2) The provisions of 1[the Code of Criminal Procedure, 1973 (2 of
1974)], or, in relation to the State of Jammu and Kashmir, tile provisions of
any corresponding law in force in that State, shall, so far as may be, apply to
an search or seizure under this section as they apply to any search or seizure
made under the authority of a warranty issued under 2[section 94] of the said
Code, or, as the case may be, under the corresponding provisions of tile said
law.
Explanation- For the purposes of this section, “place” includes vessel.
1. Subs. by Act 44 of 1978, S. 11, for “Code of Criminal Procedure, 1898
(5 of 1898)”.
2. Subs. by Act 44 of 1978, S. 11, for “section 99”
24. Prohibition on use of stream or well for disposal of polluting matter,
etc.-
(1) Subject to the provisions of this section,-
(a) No person shall knowingly cause or permit any poisonous, noxious or
polluting matter determined in accordance with such standards as may be laid
down by the State Board to enter (whether directly of indirectly) into any
1[stream or well or sewer or on land]; or
(b) No person shall knowingly cause or permit to enter into any stream any
other matter which may tend, either directly or in combination with similar
matters, to impede the proper flow of the water of the stream in a manner
leading or likely to lead to a substantial aggravation of pollution due to other
causes or of its consequences.
(2) A person scroll not be guilty of an offence under sub-section (1), by
reason only of having done or caused to be done any of the following acts,
namely
(a) Constructing, improving or maintaining in or across or on the bank or
bed of any stream any building, bridge, weir, dam, sluice, dock, pier, drain or
sewer or other permanent works which he has a right to construct, improve or
maintain;
(b) Depositing any materials on the bank or in the bed of any stream for
the purpose of reclaiming land or for supporting, repairing or protecting the
bank or bed of such stream provided such materials are not capable of polluting
such stream;
(c) Putting into an stream any said or gravel or other natural deposit
which has flowed from or been deposited by the current of such stream;
(d) Causing or permitting, with the consent of the State Board, the
deposit accumulated in a well, pond or reservoir to enter into any stream.
(3) The State Government may, after consultation with, or on the
recommendation of, the State Board, exempt, by notification in the Official
Gazette any person from the operation of sub-section (1) subject to such
conditions, if any, as may be specified in the notification and any condition so
specified may by a like notification and be altered, varied or amended.
1. Subs. by Act 53 of l988. s. 1 1; for “stream or well”.
25. Restrictions on new outlets and new discharges-
1(1) Subject to the provisions of this section, no person shall, without the
previous consent of the State Board, -
(a) Establish or take any steps to establish any industry, operation of
process, or any treatment and disposal system or an extension or addition
thereto, which is likely to discharge sewage or trade effluent into a stream or
well or sewer or on land (such discharge being hereafter in this section
referred to as discharge of sewage); or
(b) Bring into use any new or altered outlets for the discharge of sewage;
or
(c) Begin to make any new discharge of sewage:
Provided that a person in the process of taking any steps to establish any
industry, operation or process immediately before the commencement of the Water
(Prevention and Control of Pollution) Amendment Act, 1988, for which no consent
was necessary prior to such commencement, may continue to do so for a period of
three months from such commencement or, if he has made an application for such
consent, within the said period of three months; till the disposal of such
application,
(2) An application for consent of the State Board under sub-section (1)
shall be made in such form, contain such particulars and shall be accompanied by
such fees as may be prescribed-]
(3) The State Board may make such inquiry as it may deem fit in respect of
the application for consent referred to in sub-section (1) and in making any
such inquiry shall follow such procedure as may be prescribed.
2[(4) The State Board may-
(a) Grant its consent referred to in sub-section (1), subject to such
conditions as it may impose, being-
(i) In cases referred to in clauses (a) and (b) of sub-section (1) of
section 25, conditions as to the point of discharge of sewage or as to the use
of that outlet or any other outlet for discharge of sewage;
(ii) In the case of a new discharge, conditions as to the nature and
composition, temperature, volume or rate of discharge of the effluent from the
land or premises from which the discharge or new discharge is to be made; and
(iii) That the consent will be valid only for such period as may be
specified in the order,
And any such conditions imposed shall be binding on any person establishing or
taking any steps to establish any industry, operation or process, or treatment
and disposal system or extension or addition thereto, or using the new or
altered outlet, or discharging the effluent from the land or premises aforesaid;
of
(b) Refuse such consent for reasons to be recorded in writing.
(5) Where, without the consent of the State Board, any industry operation
or process, or any treatment and disposal system or any extension or addition
thereto, is established, or any steps for such establishment have been taken or
a new or altered outlet is brought into use for the discharge of sewage or a new
discharge of sewage is made, the State Board may serve on the person who has
established or taken steps to establish any industry, operation of process, or
any treatment and disposal system or any extension or addition thereto, or using
the outlet, or making the discharge, as the case cay may be, a notice imposing
any such conditions as it might have imposed on an application for its consent
in respect of such establishment, such outlet or discharge.
(6) Every State Board shall maintain a register containing particulars of
conditions imposed under this section and so much of the register as relates to
any outlet, or to any effluent, from any land or premises shall be open to
inspection at all reasonable hours by any person interested in, or affected by
such outlet, land or premises, as the case may be, or by any person authorised
by him in this behalf and the conditions so contained in such register shall be
conclusive proof that the consent was granted subject to such conditions.
(7) The consent referred to in sub-section (1) shall, unless given or
refused earlier, be deemed to have been given unconditionally on the expiry of a
period of four months of the making of an application in this behalf complete in
all respects to the State Board.
(8) For the purposes of this section and sections 27 and 30,-
(a) The expression “new or altered outlet” means any outlet which is
wholly or partly constructed on or after the commencement of this Act or which
(whether so constructed or not) is substantially altered after such
commencement,
(b) The expression “new discharge” means a discharge which is not, as
respects the nature and composition, temperature, volume, and rate of discharge
of the effluent substantially a continuation of a discharge made within the
preceding twelve months (whether by the same or different outlet), so, however,
that a discharge which is in other respects a continuation of previous discharge
made as aforesaid shall not be deemed to be a new discharge by reason of any
reduction of the temperature or volume or rate of discharge of the effluent as
compared with the previous discharge.
1. Subs. by S. 12, Act 53 of 1988, for. sub-sections (1) and (2).
2. Sub-sections (4), (5) and (6) subs. by S. 12, Act 53 of 1488.
26. Provision regarding existing discharge of sewage or trade effluent-
Where immediately before the commencement of this Act any person was discharging
any sewage or trade effluent into a 1[stream or well or sewer or on land], the
provisions of section 25 shall, so far as may be, apply in relation to such
person as they apply in relation to the person referred to in that section
subject to the modification that the application for consent to be made under
sub-section (2) of that section 1[shall be made on or before such date as may be
specified by the State Government by notification in this behalf in the Official
Gazette].
1. Subs. by Act 44 of 1978, S. 13, for “stream or well”.
27. Refusal or withdrawal of consent by State Board-
1[(l) A State Board shall not grant its consent under sub-section (4) of
section 25 for the establishment of any industry, operation or process, or
treatment and disposal system or extension or addition thereto, or to the
bringing into use of'a new or altered outlet unless the industry, operation or
process, or treatment and disposal system or extension or addition thereto, or
the outlet is so established as to comply with a conditions imposed by the Board
to enable it to exercise its right to take samples of the effluent.
2[(2) A State Board may from time to time review-
3[(a) Any condition imposed under section 25 or section 26 and may serve on the
person to whom a consent under section 25 or section 26 is granted a notice
making any reasonable variation of or revoking any such condition.
(b) The refusal of any consent referred to in subsection (1) of section 25
or section 26 or the grant of such consent without any condition, and may make
such orders as it deemed fit.]
(3) Any conditions imposed under section 25 or section 26 shall be subject
to any variation made under sub-section (2) and shall continue in force until
revoked under that sub- section..
1. Subs. by Act 53 of 1988, S. 13, for sub-section (1).
2. Subs. by Act 44 of 1978, S. 14, for sub-section (2).
3. Subs. by Act 53 of 1988, S. 13, for Cl. (a).
28. Appeals-
(1) Any person aggrieved by an order made by the State Board under section
25, section 26 or section 27 may within thirty days from the date on which the
order is communicated to him, prefer an appeal to such authority (hereinafter
referred to as the appellate authority) as the State Government may think fit to
constitute:
Provided that the appellate authority may entertain the appeal after the expiry
of the said period of thirty days if such authority is satisfied that the
appellant was prevented by sufficient cause from filing the appeal in time.
1[(2) An appellate authority shall consist of a single person or three
persons as the State Government may think fit, to be appointed by that
Government-]
(3) The form and manner in which an appeal may be preferred under
subsection (1), the fees payable for such appeal and the procedure to be
followed by the appellate authority shall be such as may be prescribed.
(4) On receipt of an appeal preferred under sub-section (1), the appellate
authority shall, after giving the appellant and the State Board an opportunity
of being heard, dispose of the appeal as expeditiously as possible.
(5) If the appellate authority determines that any condition imposed, or
the variation of any condition, as the case may be, was unreasonable, then,-
(a) Where the appeal is in respect of the unreasonableness of any
condition imposed, such authority may direct either that the condition shall be
treated as annulled or that there shall be substituted for it such condition as
appears to it to be reasonable;
(b) Where the appeal is in respect of the unreasonableness of any
variation of a condition, such authority may direct either that the condition
shall be treated as continuing in force unvaried or that it shall be varied in
such manner as appears to is to be reasonable.
1. Subs. by Act 44 of 1978, S. 15, for sub-section (2).
29. Revision-
(1) The State Government may at any time either of its own motion or on an
application made to it in this behalf, call for the records of any case where an
order has been made by the State Board under section 25, section 26 or section
27 for the purpose of satisfying itself as to the legality or propriety of any
such order and may pass such order in relation thereto as it may think fit:
Provided that the State Government shall not pass any order under this
sub-section without affording the State Board and the person who may be affected
by such order a reasonable opportunity of being heard in the matter.
(2) The State Government shall not revise any order made under section 25,
section 26 or section 27 where an appeal against that order lies to the
appellate authority, but has not been preferred or where an appeal has been
preferred such appeal is pending before the appellate authority.
30. Power of State Board to carry out certain works-
1[(1) Where under this Act, any conditions have been imposed on any person
while granting consent under section 25 or section 26 and such conditions
require such person to execute any work in connection therewith and such work
has not been executed within such time as may be specified in this behalf, the
State Board may serve on the person concerned a notice requiring him within such
time (not being less than thirty days) as may be specified in the notice to
execute the work specified therein.]
(2) If the person concerned fails to execute the work as required in the
notice referred to in sub-section (1), then, after the expiration of the time
specified in the said notice, the State Board may itself execute or cause to be
executed such work.
(3) All expenses incurred by the State Board for the execution of the
aforesaid work, together with interest, at such rate as the State Government
may, by order, fix, from the date when a demand for the expenses is made until
it is paid, may be recovered by that Board from the person concerned, as arrears
of land revenue, or of public demand.
1. Subs. by Act 53 of 1988, S. 14, for sub-section (1).
31. Furnishing of information to State Board and other agencies in certain
case-
(1) 1[If at any place where any industry, operation or process, or any
treatment and disposal system or any extension or addition thereto is being
carried on, due to accident or other unforeseen act or event, any poisonous,
noxious or polluting matter is being discharged, or is likely to be discharged
into a stream or well or sewer or on land and, as a result of such discharge,
the water in any stream or well is being polluted, or is likely to be polluted,
then the person in-charge of such place shall forthwith intimate the occurrence
of such accident, act or event to the State Board and such other authorities or
agencies as may be prescribed.]
(2) Where any local authority operates any sewerage system or sewage works
the provisions of sub-section (1) Shall apply to such local authority as they
apply in relation to the person in-charge of the place where an industry or
trade is being carried on.
1. Subs. by Act 53 of 1988, S. 15, for sub-section (1).
32. Emergency measures in case of pollution of stream or well-
(1) Where it appears to the State Board that any poisonous, noxious or
polluting matter is present in 1[any stream or well or on land by reason of the
discharge of such matter in such stream or well or on such land] or has entered
into that stream or well due to any accident or other unforeseen act or event,
and if the Board is of opinion that it is necessary or expedient to take
immediate action, it may for reasons to be recorded in writing, carry out such
operations. as it may consider necessary for all or any of the following
purposes, that is to say,-
(a) Removing that matter from the 2[stream or well or on land] and
disposing it of in such manner as the Board considers appropriate;
(b) Remedying or mitigating any pollution caused by its presence in the
stream or well;
(c) Issuing order immediately restraining or prohibiting the persons
concerned from discharging any poisonous, noxious or polluting matter 3[into the
steam or well or on land] or from making insanitary use of the stream or well.
(2) The power conferred by sub-section (1) does not included the power to
construct any works other than works of a temporary character which are removed
on or before the completion of the operations.
1. Subs. by Act 53 of 1988, S. 16, for “any stream or well”.
2. Subs. by Act 53 of 1988, S. 16, for “stream or well”.
3. Subs. by Act 53 of 1988, S. 16, for “into the stream or well”.
33. Power of Board to make application to courts for restraining
apprehended pollution of water in streams or wells-
1[(1) Where it is apprehended by a Board that the water in any stream or well
is likely to be polluted by reason of the disposal or likely disposal of any
matter in such stream or well or in any sewer, or on any land, or otherwise, the
Board may make an application to a court, not inferior to that of a Metropolitan
Magistrate or a judicial Magistrate of the first class, for restraining the
person who is likely to cause such pollution from so causing.]
(2) On receipt of an application under sub-section (1) the court make such
order as it deems fit.
(3) When under sub-section (2) the court makes an order restraining any
person from polluting the water in any stream or well, it may in that order-
(i) Direct the person who is likely to cause or has caused the pollution
of the water in the stream or well, to desist from taking such action as is
likely to cause pollution or, as the cass? may be, to remove such stream or
well, such matter, and
(ii) Authorise the Board, if the direction under clause (i) (being a
direction for the removal of any n-tatter from such stream or well) is not
complied with by the person to whom such direction is issued, to undertake the
removal and disposal of the matter in such manner as may be specified by the
court.
(4) All expenses incurred by the Board in removing any matter in pursuance
of the authorisation under clause (ii) of sub-section (3) or in the disposal of
any such matter may be defrayed out of any money obtained by the Board from such
disposal and any balance outstanding shall be recoverable from the person
concerned as arrears of land revenue or of public demand.
1. Subs. by Act 53 of 1988, S. 17, for sub-section (1).
1[33A. Power to give directions- Notwithstanding anything contained in any other
law, but subject to the provisions of this Act, and to any directions that the
Central Government may give in this behalf, a Board may, in the exercise of its
powers and performance of its functions under this Act, issue any directions in
writing to any person, officer or authority, and such-person, officer or
authority shall be bound to comply with such directions.
Explanation- For the avoidance of doubts, it is hereby declared that the power
to issue directions under this section includes the power to direct-
(a) The closure, prohibition or regulation of any industry, operation or
process; or
(b) The stoppage or regulation of supply of electricity, water or any
other service.]
1. Ins. by Act 53 of 1988, S. 18.
CHAPTER VI
FUNDS, ACCOUNTS AND AUDIT
34. Contributions by Central Government- The Central Government may, after
due appropriation made by Parliament by law in this behalf, make in each
financial year such contributions to the Central Board as it may think necessary
to enable the Board to perform its functions under this Act.
35. Contributions by State Government- The State Government may, after due
appropriation made by the Legislature of the State by law in this behalf, make
in each financial year such contributions to the State Board as it may think
necessary to enable that Board to perform its functions under this Act.
36. Fund of Central Board-
(1) The Central Board shall have its own fund, and all sums which may,
from time to time, be paid to it by the Central Government and all other
receipts (by way of gifts, grants, donations, benefactions 1[fees] or
(otherwise) of that Board shall be carried to the fund of the Board and all
payments bv the Board shall be made therefrom.
(2) The Central Board may expend such sums as it thinks fit for performing
its functions under this Act, 1[and, where any law for the time being in force
relating to the prevention, control of abatement or air pollution provides for
the performance of any function under such law by the Central Board, also for
performing its functions under such law] and such sums shall be treated as
expenditure payable out of the funds of that Board.
1. Ins. by Act 44 of 1978, S. 16.
37. Fund of State Board-
(1) The State Board shall have its own fund, and the sums which may, from
time to time, be paid to it by the State Government and all other receipts (by
way of gifts, grants, donations, benefactions 1[fees) or (otherwise) of that
Board shall be carried to the fund of the Board and all payments by the Board
shall be made therefrom.
(2) The State Board may expend such sums as it thinks fit for performing
its functions under this Act, 1[and, where any law for the time being in force
relating to the prevention, control or abatement of air pollution provides for
the performance of any function under such law by the State Board, also for
performing its functions under such law] and such sums shall be treated as
expenditure payable out of the fund of that Board.
1. Ins. by Act 44 of 1978, S. 17.
1[37A. Borrowing Powers of Board- A Board may, with the consent of, or in
accordance with, the terms of any general or special authority given to it by
the Central Government or, as the case may be, the State Government, borrow
money from any source by way of loans or issue of bonds, debentures or such
other instruments, as it may deem fit, for the performance of all or any of its
functions under this Act].
1. Ins. by Act 53 of i988, S. 19.
38. Budget- The Central Board or, as the case may be, the State Board
shall, during each financial year, prepare, in such form and at such time as may
be prescribed, a budget in respect of the financial year next ensuing showing
the estimated receipt and expenditure, and copies thereof shall be forwarded to
the Central Government, or as the case may be, the State Government.
1[39. Annual report-
(1) Central Board shall, during each financial year, prepare, in such form
as may be prescribed, an annual report giving full, account of its activities
under this Act during the previous financial year and copies thereof shall be
forwarded to the Central Government within four months from the last date of the
previous financial year and that Government shall cause every such report to be
laid before both Houses of Parliament within nine months from the last date of
the previous financial year.
(2) Every State Board shall, during each financial year, prepare, in such
form as may be prescribed, an annual report giving full account of its
activities under this Act during, the previous financial year and copies thereof
shall be forwarded to the State Government within four months from the last date
of the previous financial year and that Government shall cause every such report
to be laid before the State Legislature within a period of , nine months from
the last date of the previous financial year.]
1. Subs. by Act 53 of 1988, S. 20.
40. Account and audit-
(1) Every Board shall maintain proper accounts and Other relevant records
and prepare an annual statement of accounts in such form as may be prescribed by
the Central Government or, as the case may be, the State Government.
(2) The accounts of the Board shall be audited by an auditor duly
qualified to act as an auditor of companies under section 226 of the Companies.
Act, 1956 (1 of 1956).
(3) The said auditor shall be appointed by the Central Government or as
the case may be, the State Government on the advice of the Comptroller and
Auditor-General of India.
(4) Every auditor appointed to audit the accounts of the Board under this
Act shall have the right to demand the production of books, accounts, connected
vouchers and other documents and papers and to inspect any of the offices of the
Board.
(5) Every such auditor shall send a copy of his report together with an
audited copy of the accounts to the Central Government or, as the case may be,
the State Government.
(6) The Central Government shall, as soon as may be after the receipt of
the audit report under sub-section (5), cause the same to be laid before both
houses of Parliament.
(7) The State Government shall, as soon as may be after the receipt of the
audit report under sub-section (5), cause the same to be laid before the State
Legislature.
CHAPTER VII
PENALTIES AND PROCEDURE
1[“41. Failure to comply with directions under sub-section (2) or subsection
(3) of section of 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-
(1) Whoever fails to comply with any direction given under sub-section (2)
or sub-section (3) of section 20 within such time as may be specified in the
direction shall, on conviction, be punishable with imprisonment for a term which
may extend to three months or with fine which may extend to ten thousand rupees
or with both and in case the failure continues, with an additional fine which
may extend to five thousand rupees for every day during which such failure
continues after the conviction for the first such failure.
(2) Whoever fails to comply with any order issued under clause (c) of
subsection (1) of section 32 or any direction issued by a court under subsection
(2) of section 33 or any direction issued under section 33A shall, in respect of
each such failure and on conviction, be punishable with imprisonment for a term
which shall not be less than one year and six months but which may extend to six
years and with fine, and case the failure continues, with an additional fine
which may extend to five thousand rupees for every day during which such failure
continues after the conviction for he first such failure.
(3) If the failure referred to in sub-section (2) continues beyond a
period of one year after the date of conviction, the offender shall, on
conviction, be punishable with imprisonment for a term which shall not be less
than two years but which may extend to seven years and with fine.]
1. Subs. by Act 53 of 1988, S. 21.
42. Penalty for certain acts-
(1) Whoever-
(a) Destroys, pulls down, removes, injures or defaces any pillar, post or
stake fixed in the ground or any notice or other matter put up, inscribed or
placed, by or under the authority of the Board, or
(b) Obstructs any person acting under the orders or directions of the
Board from exercising his powers and performing his functions under this Act, or
(c) Damages any works or property belonging to the Board, or
(d) Fails to furnish to any officer or other employee of the Board any
information required by him for the purpose of this Act, or
(e) Fails to intimate the occurrence of an accident or other unforeseen
act or event under section 31 to the Board and other authorities or agencies as
required by that section, or
(f) In giving any information which he is required to give under this Act,
knowingly or wilfully makes a statement which is false in any material
particular, or
(g) For the purpose of obtaining any consent under section 25 or section
26, knowingly or willfully makes a statement which is false in any material
particular,
Shall be punishable with imprisonment for a term which may extend to three
months or with fine which may extend to 1[ten thousand rupees] or with both.
(2) Where for the grant of a consent in pursuance of the provisions of
section 25 or section 26 the use of a meter or gauge or other measure or
monitoring device is required and such device is used for the purposes of those
provision, any person who knowingly or willfully alters or interferes with that
device so as to prevent it from monitoring or measuring correctly shall be
punishable with imprisonment for a term which may extend to three months or with
fine which may extend to 1[ten thousand rupees] or with both.
1. Subs. by Act 53 of 1988, S. 22, for “one thousand rupees”.
43. Penalty for contravention of provisions of section 24- Whoever
contravenes the provisions of section 24 shall be punishable with imprisonment
for a term which shall not be less that, 1[one year and six months] but which
may extend to six years and with fine.
1. Subs. by Act 53 of 1988, S. 24, for “one year”.
44. Penalty for contravention of section 25 or section 26- Whoever
contravenes the provision of section 25 or section 26 shall be punishable with
imprisonment for a term which shall not be less than 1[two years] but which may
extend to six years and with fine.
1. Subs. by Act 53 of 1988, S. 23, for “six months”.
45. Enhanced penalty after previous conviction- If any person who has been
convicted of any offence under section 24 or 25 or section 26 is a gam found
guilty of an offence involving a contravention of the same provision, he shall,
on the second and on every subsequent conviction, be punishable with
imprisonment for a term which shall not be less than 1[two bears] but which may
extend to seven years and with fine:
Provided that for the purpose of this section no cognizance shall be taken of
any conviction made more than two years before the commission of the offence
which is being punished.
1. Subs. by Act 53 of 1988, S. 24, for “one year”.
1[45A.Penalty for contravention or certain provisions of the Act- Whoever
contravenes any of the provisions of this Act or fails to comply with any order
or direction given under this Act, for which no penalty has been elsewhere
provided in this Act, shall be punishable with imprisonment which may extend to
three months or with fine which may extend to ten thousand rupees or with both
and in the case of a continuing contravention or failure, with an additional
fine which may extend to five thousand rupees for every day during which such
contravention or failure continues after conviction for the first such
contravention or failure.]
1. Ins. by Act 53 of 1988, S. 25.
46. Publication of names of offenders- If any person convicted of all
offence under this Act commits a like offence afterwards it shall be lawful for
the court before which the second or subsequent conviction takes place to cause
the offender's name and place of residence, the offence and the penalty imposed
to be published at the offender's expense in such newspapers or in such other
manner as the court may direct and the expenses of such publication shall be
deemed to be part of the cost attending the conviction and shall be recoverable
in the same manner as a fine.
47. Offences by companies-
(1) Where an offence under this Act has been committed by a company, every
person who at the time the offence was committed was in charge of, and was
responsible to the company for the conduct of, the business of the company, as
well as the company, shall be deemed to be guilty of the offence and shall be
liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person
liable to any punishment provided in this Act if he proves that the offence was
committed without his knowledge for that he exercised all due diligence to
prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an
offence under this Act has been committed by a company and it is proved that the
offence has been committed with the consent or connivance of, or is attributable
to any neglect on the part of, any director, manager, secretary or other officer
of the company, such director, manager, secretary or other officer shall also be
deemed to be guilty of the offence and shall be liable to be proceeded against
and punished accordingly.
Explanation- For the purpose of this section,-
(a) “Company” means any body corporate, and includes a firm or other
association of individuals; and
(b) “Director” in relation to a firm means a partner in the firm.
48. Offences by Government Departments- Where an offence under this Act has
been committed by any Department of Government, the Head of the Department shall
be deemed to be guilty of the offence and shall be liable to be proceeded
against and punished accordingly:
Provided that nothing contained in this section shall render such Head of the
Department liable to any punishment if he proves that the offence was committed
without his knowledge or that he exercised all due diligence to prevent the
commission of such offence.
49. Cognizance of offences-
1[(1) No court shall take cognizance of any offence under this Act except on
a complaint made by-
(a) A Board or any officer authorised in this behalf by it; or
(b) Any person who has given notice of not less than sixty days, in the
manner prescribed, of the alleged offence and of his intention to, make a
complaint, to the Board or officer authorised as aforesaid,
And no court inferior to that of a Metropolitan Magistrate or a Judicial
Magistrate of the first class shall try any offence punishable under this Act.]
2[(2) Where a complaint has been made under clause (b) of sub-section (1),
the Board shall, on demand by such person, make available the relevant reports
in its possession to that person:
Provided that the Board may refuse to make any such report available to such
person if the same is, in its opinion, against the public interest.)
3[(3) Notwithstanding anything contained in section 29 of the Code of
Criminal Procedure, 1973”], it shall be lawful for any 4[judicial Magistrate of
the first class or for any Metropolitan Magistrate”] to pass a sentence of
imprisonment for a term exceeding two years or of fine exceeding two thousand
rupees on any person convicted of an offence punishable under this Act.
1. Subs. by Act 53 of 1988, S. 26 for subsection (1).
2. Ins. by Act 53 of 1988, S. 26.
3. Sub-section (2) renumbered as sub-section (3) by Act 53 of 1988, S.
26.
4. Subs. by Act 44 of 1978, S. 19, for certain words.
50. Members, officers and servants of Board to be public servants- All
members, officers and servants of a Board when acting or purporting to act in
pursuance of any of the provisions of this Act (45 of 1860) and the rules made
thereunder shall be deemed to be public servants within the meaning of section
21 of the Indian Penal Code.
CHAPTER VIII
MISCELLANEOUS
51. Central Water Laboratory-
(1) The Central Government may, by notification in the Official Gazette,-
(a) Establish a Central Water Laboratory; or
(b) Specify any laboratory or institute as a Central Water Laboratory, to
carry out the functions entrusted to the Central Water Laboratory under this
Act.
(2) The Central Government may, after consultation with the Central Board,
make rules prescribing-
(a) The functions of the Central Water Laboratory;
(b) The procedure for the submission to the said laboratory of samples of
water or of sewage or trade effluent for analysis or tests, the form of the
laboratory's report thereunder and the fees payable in respect of such report;
(c) Such other matters as may be necessary or expedient to enable that
laboratory to carry out its functions.
52. State Water Laboratory-
(1) The State Government may, by notification in the Official Gazette, -
(a) Establish a State Water Laboratory; or
(b) Specify any State laboratory or institute as a State Water Laboratory,
to carry out the functions entrusted to the State Water Laboratory wider this
Act.
(2) The State Government may, after consultation with the State Board,
make rules prescribing-
(a) The functions of the State Water Laboratory;
(b) The procedure for the submission to the said laboratory of samples of
water or of sewage or trade effluent for analysis or tests, the form of the
laboratory's report thereon and the fees payable in respect of such report;
(c) Such other matters as may be necessary or expedient to enable that
laboratory to carry out its functions.
53. Analysts-
(1) The Central Government may, by notification in the Official Gazette
appoint such persons as it thinks fit and having the prescribed qualifications
to be Government analysts for the purpose of analysis of samples of water or of
sewage or trade effluent sent for analysis to any laboratory established or
specified under sub-section (1) of section 51.
(2) The State Government may, by notification in the Official Gazette,
appoint such persons as it thinks fit and having the prescribed qualifications
to be Government analysts for the purpose of analysis of water or of sewage or
trade effluent sent for analysis to any laboratory established or specified
under subsection (1) of section 52.
(3) Without prejudice to the provisions of sub-section (3) of section 12,
the Central Board or, as the case may be, the State Board may, by notification
in the Official Gazette, and with the approval of the Central Government or the
State Government, as the case may be, appoint such persons as it thinks fit and
having the prescribed qualifications to be Board analysts for the purpose of
analysis of samples of water or of sewage or trade effluent sent for analysis to
any laboratory established or recognised under section 16, as the case may be,
under section 17.
54. Reports of analysis- Any document purporting to be report signed by a
Government analyst or, as the case may be, a Board analyst may be used as
evidence of the facts stated therein in any proceeding under this Act.
55. Local authorities to assist- All local authorities shall render such
help and assistance and furnish such information to the Board as it may require
for the discharge of its functions, and shall make available to the Board for
inspection and examination such records, maps, plans and other documents as may
be necessary for the discharge of its functions.
56. Compulsory acquisition of land for the State Board- Any land required
by a State Board for the efficient performance of its function under this Act
shall be deemed to be needed for a public purpose and such land shall be
acquired for the State Board under the provisions of the Land Acquisition Act,
1894 (1 of 1984), or under any other corresponding law for the time being in
force.
57. Returns and reports- The Central Board shall furnish to the Central
Government, and a State Board shall furnish to the State Government and to the
Central Board such reports, returns, statistics, accounts and other information
with respect to its fund or activities as that government, or, as the case may
be, the Central Board may, from time to time, require.
58. Bar of jurisdiction- No civil court shall have jurisdiction to
entertain any suit or proceeding in respect of any matter which an appellate
authority constituted under this Act is empowered by or under this Act to
determine, and no injunction shall be granted by any court or other authority in
respect of any action taken or, to be taken in pursuance of any power conferred
by or under this Act.
59. Protection of action taken in good faith- No suit or other legal
proceedings shall lie against the Government or any officer of Government or any
member or officer of a Board in respect of anything which is in good faith done
or intended to be done in pursuance of this Act or the rules made thereunder.
60. Overriding effect- The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in any enactment other
than this Act.
61. Power of Central Government to supersede the Central Board and joint
Boards-
(1) If at any time the Central Government is of opinion-
(a) That the Central Board or any Joint Board has persistently made
default in, the performance of the functions imposed on it by or under this Act;
or
(b) That circumstances exist which render it necessary in the public
interest so to do,
The Central Government may, by notification in the Official Gazette, supersede
the Central Board or such Joint Board, as the case may be, for such period not
exceeding one year, as may be specified in the notification:
Provided that before issuing a notification under this sub-section for the
reasons mentioned in clause (a), the Central Government shall give a reasonable
opportunity to the Central Board or such Joint Board, as the case may be, to
show cause why it should not be superseded and shall consider the explanations
and objections if any, of the Central Board or such Joint Board, as the case may
be.
(2) Upon the publication of notification under sub-section (1) superseding
the Central Board or any Joint Board,
(a) All the members shall, as from the date of supersession vacate their
offices as such;
(b) All the powers, functions and duties which may, by or under this Act,
be exercised, performed or discharged by the Central Board or such joint Board,
shall, until the Central Board or the Joint Board, as the case may be, is
reconstituted under sub-section (3) be exercised, performed or discharged by
such person or persons as the Central Government may direct;
(c) All property owned or controlled by the Central Board or such joint
Board shall, until the Central Board or the Joint Board, as the case may be, is
reconstituted under sub-section (3) vest in the Central Government.
(3) On the expiration of the period of supersession specified in the
notification issued under sub-section (1), the Central Government may-
(a) Extend the period of supersession for such further term, not exceeding
six months, as it may consider necessary; or
(b) Reconstitute the Central Board or the joint Board, as the case may be,
by fresh nomination or appointment, as the case may be, and in such case any
person who vacated his office under clause (a) of subsection (2) shall not be
deemed disqualified for nomination or appointment:
Provided that the Central Government may at any time before the expiration of
the period of supersession, whether originally specified under sub-section (1)
or as extended under this sub-section, take action under clause (b) of this
sub-section.
62. Power of State Government to supersede State Board-
(1) If at any time the State Government is of opinion-
(a) That the State Board has persistently made default in the performance
of the functions imposed on it by or under this Act; or
(b) That circumstances exist which render it necessary in the public
interest so to do,
The State Government may, by notification in the Official Gazettee, supersede
the State Board for such period, not exceeding one year, as may be specified in
the notification:
Provided that before issuing a notification under this subsection for the
reasons mentioned in clause (a), the State Government shall give a reasonable
opportunity to the State Board to show cause why it shout not be superseded and
shall consider the explanations and objections, if any, of the State Board.
(2) Upon the publication of a notification under sub-section (1)
superseding the State Board, the provisions of sub-sections (2) and (3) of
section 61 shall apply in relation to the supersession of the State Board as
they apply in relation to the supersession of the Central Board or a joint Board
by the Central Government.
63. Power of Central Government to make rules- .
(1) The Central Government may, simultaneously with the constitution of
the Central Board, make rules in respect of the matters specified in sub-section
(2) :
Provided that when the Central Board has been constituted, no such rule shall be
made, varied, amended or repealed without consulting the Board.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following matters,
namely:-
(a) The terms and conditions of service of the members (other than the
chairman and member-secretary) of the Central Board under subsection (8) of
section 5;
(b) The intervals and the time and place at which meetings of the Central
Board or of any committee thereof constituted under this Act, shall be held and
the procedure to be followed at such meetings, including the quorum necessary
for the-transaction of business under section 8, and under sub-section (2) of
section 9;
(c) The fees and allowances to be paid to such members of a committee of
the Central Board as are not members of the Board under sub-section (3) of
section 9;
1[(d) The manner in which and the purposes for which persons may be
associated with the Central Board under sub-section (1) of section 10 and the
fees and allowances payable to such persons;]
(e) The terms and conditions of service of the chairman and the
member-secretary of the Central Board under sub-section (9) of section 5 and
under sub-section (l) of section 12;
(f) Conditions subject to which a person may be appointed as a consulting
engineer to the Central Board wider sub-section (4) of section 12;
(g) The powers and duties to be exercised and performed by the chairman
and member-secretary of the Central Board;
2* * *
(j) The form of the report of the Central Board analyst under subsection
(1) of section 22;
(k) The form of the report of the Government analyst under subsection (1)
of section 22;
3[(l) The form in which the time within which the budget of the Central
Board may be prepared and forwarded to the Central Government under section 38;
(ll) The form in which the annual report of the Central Board may be
prepared under section 39;]
(m) The form in which the accounts of the Central Board may be maintained
under section 40;
4[(mm)The manner in which notice of intention to make a complaint shall be given
to the Central Board or officer authorised by it under section 49;]
(n) Any other matter relating to the Central Board, including the powers
and functions of that Board in relation to Union territories;
(o) Any other matter which has to be, or may be, prescribed.
(3) Every rule made by the Central Government under this Act shall be
laid, as soon as may be after it is made, before each House of Parliament while
it is in session for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, 5[before the expiry of
the session immediately following the session or the successive sessions
aforesaid], both Houses agree in making any modification in the rule or both
Houses agree that the rule should not be made, the rule shall thereafter have
effect only in such modified form or be of no effect, as the case may be; so,
however, that any such modification or annulment shall be without prejudice to
the validity of anything previously done under that rule.
1. Subs. by Act 44 of 1978, S. 20, for Cl. (d).
2. Cls. (h) and (i) omitted by Act 44 of 1978, S. 20.
3. Subs. by Act 53 of 1988, S. 27.
4. Ins. by Act 53 of 1988, S. 27.
5. Subs. by Act 44 of 1978, S. 20.
64. Power of State Government to make rules-
(1) The State Government may, simultaneously with the constitution of the
State Board, make rules to carry out the purpose of this Act in respect of
matters not falling within the purview of section 63;
Provided that when the State Board has been constituted, no such. rule shall be
made, varied, amended or repealed without consulting that Board.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following matters,
namely
(a) The terms and conditions of service of the members (other than the
chairman and the member-secretary) of the State Board under subsection (8) of
section 5;
(b) The time and place of meetings of the State Board or of any committee
of that Board constituted under this Act and the procedure to be followed at
such meeting, including in quorum necessary for the transaction of business
under section 8 and under sub-section (2) of section 9;
(c) The fees and allowances to be paid to such members of a committee of
the State Board as are not members of the Board under subsection (3) of section
9;
(d) The manner in which and the purposes for which persons may be
associated with the State Board under sub-section (1) of section 10 1[and the
fees and allowances payable to such persons];
(e) The terms and conditions of service of the chairman and the member
secretary of the State Board under sub-section (9) of section 5 and under
subsection (1) of section 12;
(f) The conditions subject to which a person may be appointed as a
consulting engineer to the State Board under sub-section (4) of section 12;
(g) The powers and duties to be exercised and discharged by the chairman
and the member-secretary of the State Board;
(h) The form of the notice referred to in section 21;
(i) The form of the report of the State Board analyst under sub-section
(3) of section 22.
(j) The form of the report of the Government analyst under sub-section
(3) of section 22;
(k) The form of application for the consent of the State Board under
subsection (2) of the section 25 and the particular it may contain;
(1) The manner in which inquiry under sub-section (3) of section 25 may be
made in respect of an application for obtaining consent of the State Board and
the matters to be taken into account in granting or refusing such consent;
(m) The form and manner in which appeals may be filed, the fees payable in
respect of such appeals and the procedure to be followed by the appellate
authority in disposing of the appeals under sub-section (3) of section 28;
2[(n) The form in which and the time within which the budget of the State Board
may be prepared and forwarded to the State Government under section 38;
(nn) The form in which the annual report of the State Board may be prepared
under section 39;]
(o) The form in which the accounts of the State Board may be maintained
under sub-section (1) of section 40;
3[(oo) The manner in which notice of intention to make a complaint shall be
Oven to the State Board or officer authorised by it under section 49;]
(p) Any other matter which has to be, or may be, prescribed.
1. Ins. by Act 44 of 1978, S. 21.
2. Subs. by Act 53 of 1988, S. 28 for Cl. (n).
3. Ins. by Act 53 of 1988, S. 28.
INDIA PIL LAWS, THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974