WATER (PREVENTION AND CONTROL OF POLLUTION) ACT 1974
EmailTHE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974
ACT No. 6 OF 1974
23rdMarch, 1974
An Act to provide for the prevention and control of waterpollution and the maintaining or restoring of wholesomeness of water, for theestablishment, with a view to carrying out the purposes aforesaid, of Boardsfor the prevention and control of water Pollution, for conferring on andassigning to such Boards Powers and functions relating thereto and for mattersconnected therewith
WHEREAS it is expedient to providefor the prevention and control of water pollution and the maintaining orrestoring of wholesomeness of water, for the establishment, with a view tocarrying out the purposes aforesaid, of Board for the prevention and control ofwater pollution and for conferring on and assigning to such Boards powers andfunctions relating thereto;
AND WHEREAS Parliament has nopower to make laws for the States with respect to any of the matters aforesaidexcept as provided in articles 249 and 250 of the Constitution;
AND WHEREAS in pursuance ofclause (1) of article 252 of the Constitution resolutions have been passed byall 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 aforesaidshould be regulated in those States by Parliament by law;
BE it enacted by Parliament inthe Twenty–fifth Year of the Republicof India as follows: –
CHAPTER I
PRELIMINARY
1.Short title, application andcommencement: (1) ThisAct may be called the Water (prevention and Control of Pollution) Act, 1974.
(2) It applies in the firstinstance to the whole of the States of Assam, Bihar, Gujarat, Haryana, HimachalPradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan,Tripura and West Bengal and the Union territories; and it shall apply to suchother State which adopts this Act by resolution passed in that behalf underclause (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 andWest Bengal and it the Union Territories, and in any other State which adoptsthis Act under clause (1) of article 252 of the Constitution on the date ofsuch adoption and any reference in this Act to the commencement of this Actshall, in relation to any State or Union territory, mean the date on which thisAct comes into force in such State or Union territory.
2.Definitions: In this Act, unless the contextotherwise requires, –
(a) "Board" means theCentral Board or a State Board;
1 [(b) "Central Board"means the Central Pollution Control Board constituted under section 3;]
(c) "member" means amember of a Board and includes the chairman thereof;
2 [(d) "occupier", inrelation to any factory or premises, means the person who has control over theaffairs of the factory or the premises, and includes, in relation to anysubstance, the person in possession of the substituted;]
3 [(dd) "outlet"includes any conduit pipe or channel, open or closed, carrying sewage or tradeeffluent or any other holding arrangement which a causes, or is likely tocause, pollution;]
(e) "pollution" meanssuch contamination of water or such alteration of the physical, chemical orbiological properties of water or such discharge of any sewage or tradeeffluent or of any other liquid, gaseous or solid substance into water (whetherdirectly or indirectly) as may, or is likely to, create a nuisance or rendersuch water harmful or injurious to public health or safety, or to domestic,commercial, industrial, agricultural or other legitimate uses, or to the lifeand health of animals or plants or of aquatic organisms;
(f) "prescribed"means prescribed by rules made under this Act by the Central Government or, asthe case may be, the State Government;
(g) "sewage effluent"means effluent from any sewerage system or sewage disposal works and includessludge from open drains;
4 [(gg) "sewer" meansany conduit pipe or channel, open or closed, carrying sewage or tradeeffluent;]
5 [(h) "State Board"means a State Pollution Control Board constituted under section 4;]
(i) "StateGovernment" in relation to a Union territory means the Administratorthereof appointed under article 239 of the Constitution;
(j) "stream" includes–
(i) river;
(ii) water course (whetherflowing or for the time being dry);
(iii) inland water (whethernatural or artificial);
(iv) sub–terraneanwaters;
(v) sea or tidal waters to suchextent or, as the case maybe, to such point as the State Government may, bynotification in the Official Gazette, specify in this behalf;
(k) "trade effluent"includes any liquid, gaseous or solid substance which is discharged from anypremises used for carrying on any 6 [industry, operation or process, or treatment and disposalsystem], other than domestic sewage.
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1. Clause (b) substituted bythe Water (Prevention and Control of Pollution) Amendment Act, 1988 (53 of1988) Section 2 (a).
2. Clause (d) substituted bythe Water (Prevention and Control of Pollution) Amendment Act, 1988 (53 of1988) Section 2 (b).
3. Inserted by the Water(Prevention and Control of Pollution) Amendment Act, 1978 (44 of 1978) Section2 (a).
4. Inserted by the Water(Prevention and Control of Pollution) Amendment Act, 1978 (44 of 1978) Section2 (b).
5. Clause (h) substituted bythe Water (Prevention and Control of Pollution) Amendment Act, 1988 (53 of1988) Section 2 (c).
6. Substituted for the words"trade or industry" by the Water (Prevention and Control ofPollution) Amendment Act, 1988 (53 of 1988) Section 2 (d).
CHAPTER II
THE CENTRAL AND STATE BOARDS FOR PREVENTION AND CONTROL OF WATER
POLLUTION
3.Constitution of CentralBoards: (1) The Central Governmentshall, with effect from such date (being a date not later than six months ofthe 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, bynotification in the Official Gazette, appoint, constitute a Central Board to becalled the 1 [Central Pollution ControlBoard] to exercise the powers conferred on and perform the functions assignedto that Board under this Act.
(2) The Central Board shallconsist of the following members, namely: –
(a) a full –timechairman, being a person having special knowledge or practical experience inrespect of 2 [matters relating toenvironmental protection] or a person having knowledge and experience inadministering institutions dealing with the matters aforesaid, to be nominatedby the Central Government;
(b) 3 [such number of officials not exceeding five] to be nominated bythe Central Government to represent that Government;
(c) such number of persons, notexceeding five, to be nominated by the Central Government, from amongst themembers of the State Boards, of whom not exceeding two shall be from thosereferred to in clause (c) of sub–section (2) of section 4;
(d) 4 [such number of non–officials, not exceeding three] to benominated by the Central Government, to represent the interests of agriculture,fishery or industry or trade or any other interest which, in the opinion of theCentral Government, ought to be represented;
(e) two persons to representthe companies or corporations owned, controlled or managed by the CentralGovernment, to be nominated by that Government;
5 [(f) a full–time member–secretary,possessing qualifications, knowledge and experience of scientific, engineeringor management aspects of pollution control, to be appointed by the CentralGovernment.]
(3) The Central Board shall bea body corporate with the name aforesaid having perpetual succession and acommon seal with power, subject to the provisions of this Act, to acquire, holdand dispose of property and to contract, and may by the aforesaid name, sue orbe sued.
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1. Substituted for the words"Central Board for the Prevention and Control of Water Pollution" bythe Water (Prevention and Control of Pollution) Amendment Act, 1988 (53 of1988) Section 3 (a).
2. Substituted for the words"maters relating to the use and conservation of water resources or theprevention and control of water pollution" by the Water (Prevention andControl of Pollution) Amendment Act, 1978 (44 of 1978) Section 3 (a).
3. Substituted for the words"five officials" by the Water (Prevention and Control of Pollution) AmendmentAct, 1978 (44 of 1978) Section 3 (b).
4. Substituted for the"three non–officials" by the Water (Prevention and Control ofPollution) Amendment Act, 1978 (44 of 1978) Section 3 (c).
5. Clause (f) substituted bythe Water (Prevention and Control of Pollution) Amendment Act, 1988 (53 of1988) Section 3 (b).
4.Constitution of State Board: (1) The State Government shallwith 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 bespecified in the notification, to exercise the powers conferred on and performthe function assigned to that Board under this Act.
(2) A State Board shall consistof the following members, namely: –
(a) a 3 [*] chairman, being a person having special knowledge orpractical experience in respect of 4 [matters relating to environmental protection] or a person havingknowledge and experience in administering institutions dealing with the mattersaforesaid, to be nominated by the State Government:
5 [Provided that the chairmanmay be either whole time to part–time as the State Government may thinkfit;]
(b) 6 [such number of officials, not exceeding five] to be nominated bythe State Government to represent that Government;
(c) 7 [such number of persons, not exceeding five] to be nominated bythe State Government from amongst the members of the local authoritiesfunctioning within the State;
(d) 8 [such number of non–officials, not exceeding three] to benominated by the State Government to represent the interests of agriculture,fishery or industry or trade or any other interest which, in the opinion of theState Government, ought to be represented;
(e) two persons to representthe companies or corporations owned, controlled or managed by the StateGovernment, to be nominated by that Government;
9 [(f) a full–time member–secretary,possessing qualifications, knowledge and experience of scientific, engineeringor management aspects of pollution control, to be appointed by the StateGovernment.]
(3) Every State Board shall bea body corporate with the name specified by the State Government in thenotification under sub–section (1), having perpetual succession and acommon seal with power, subject to the provisions of this Act, to acquire, holdand dispose of property and to contract, and may, by the said name, sue or besued.
(4) Notwithstanding anythingcontained in this section, no State Board shall be constituted for a Unionterritory and in relation to a Union territory, the Central Board shallexercise the powers and perform the functions of a State Board for that Unionterritory:
Provided that in relation to any Unionterritory the Central Board may delegate all or any of its powers and functionsunder this sub–section to such person or body of persons as the CentralGovernment may specify.
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1. The words and brackets"(being a date not later than six months of the commencement of this Actin the State)" omitted by the Water (Prevention and Control of Pollution)Amendment Act, 1978 (44 of 1978) Section 4 (a).
2. Substituted for the words"State Board" by the Water (Prevention and Control of Pollution)Amendment Act, 1988 (53 of 1988) Section 4 (a).
3. The word "full–time"omitted by the Water (Prevention and Control of Pollution) Amendment Act, 1978(44 of 1978) Section 4 (b) (i) (1).
4. Substituted for the words"matters relating to the use and conservation of water resources or theprevention and control of water pollution" by the Water (Prevention andControl of Pollution) Amendment Act, 1978 (44 of 1978) Section 4 (b) (i) (2).
5. Proviso inserted by theWater (Prevention and Control of Pollution) Amendment Act, 1978 (44 of 1978)Section 4 (b) (i) (3).
6. Substituted for the words"five officials" by the Water (Prevention and Control of Pollution)Amendment Act, 1978 (44 of 1978) Section 4 (b) (ii).
7. Substituted for the words"five persons" by the Water (Prevention and Control of Pollution)Amendment Act, 1978 (44 of 1978) Section 4 (b) (iii).
8. Substituted for the words"three non–officials" by the Water (Prevention and Control ofPollution) Amendment Act, 1978 (44 of 1978) Section 4 (b) (iv).
9. Clause (f) substituted forthe by the Water (Prevention and Control of Pollution) Amendment Act, 1988 (53of 1988) Section 4 (b).
5.Terms and conditions ofservice of members: (1) Save as otherwise provided by or under this Act, a member ofa Board, other than a member–secretary, shall hold office for a term ofthree years from the date of his nomination:
Provided that a member shall,notwithstanding the expiration of his term, continue to hold office until hissuccessor enters upon his office.
1 [(2) The term of office of a member of a Board nominated underclause (b) or clause (e) of sub–section (2) of section 3 or clause (b)or clause (e) of subsection (2) of section 2 shall come to an end as soon as heceases to hold the office under the central Government or the State Governmentor, as the case may be, the company or corporation owned controlled or managedby the Central Government or the State Government, by virtue of which he wasnominated.]
(3) The Central Government or,as the case maybe, the State Government may, if it thinks fit, remove anymember of a Board before the expiry of his term of office, after giving him areasonable opportunity of showing cause against the same.
(4) A member of a Board, otherthan the member–secretary, may at any tie resign his office by writingunder his hand addressed–
(a) in the case of the chairmanto the Central Government or, as the case may be, the State Government; and
(b) in any other case, to thechairman of the Board;
and the seat of the chairman orsuch other member shall thereupon become vacant.
(5) A member of a Board, otherthan the member–secretary, shall be deemed to have vacated his seat ifhe is absent without reason, sufficient in the opinion of the Board, from threeconsecutive 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) ofsection 4, if he ceases to be a member of he State board or of the localauthority or, as the case may be of the company or co–operation owned,controlled or managed by the Central government, or the State Government andsuch vacation of seat shall, in their case, take effect from such date as theCentral Government or, as the case may be, the State Government may, bynotification in the Official Gazette, specify.]
(6) A casual vacancy in a Boardshall be filled by a fresh nomination and the person nominated to fill thevacancy shall hold office only for the remainder of the term for which themember in whose place he was nominated.
(7) A member of a Board 3 [shall be eligible for renomination].
(8) The other terms andconditions of service of a member of a Board, other than the chairman andmember–secretary, shall be such as maybe prescribed.
(9) The other terms andconditions of service of the chairman shall be such as may be prescribed.
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1. Substituted for the originalsub-section (2) by the Water (Prevention and Control of Pollution) AmendmentAct, 1978 (44 of 1978) Section 5 (a).
2. Substituted for the words,figures, letters, and brackets "or where he is nominated under clause (c)of sub–section (2) of section 3 or under clause (c) of sub–section(2) of section 4, if he ceases to be a member of the State Board, or as thecase may be, of the local authority" by the Water (Prevention and Controlof Pollution) Amendment Act, 1978 (44 of 1978) Section 5 (b).
3. Substituted for the words"shall not be eligible for renomination for more than two terms" bythe Water (Prevention and Control of Pollution) Amendment Act, 1988 (53 of1988) Section 5.
6.Disqualifications: (1) No person shall be amember of a Board, who –
(a) is, or at any time has beenadjudged insolvent or has suspended payment of his debts or has compound withhis creditors, or
(b) is of unsound mind andstands so declared by a competent court, or
(c) is, or has been, convictedof an offence which, in the opinion of the Central Government or, as the casemay be, of the State Government, involves moral turpitude, or
(d) is, or at any time hasbeen, convicted of an offence under this Act, or
(e) has directly or indirectlyby himself or by any partner, any share or interest in any firm or companycarrying on the business of manufacture, sale or hire of machinery, plant,equipment, apparatus or fittings for the treatment of a sewage or trade effluents,or
(f) is a director or asecretary, manager or other salaried officer or employee of any company or firmhaving any contract with the Board, or with the Government constituting theBoard, or with a local authority in the State, or with a company or corporationowned, controlled or managed by the Government, for the carrying out ofsewerage schemes or for the installation of plants for the treatment of sewageor trade effluents, or
(g) has so abused, in theopinion of the Central Government or as the case may be, of the StateGovernment, his position as a member, as to render his continuance on the Boarddetrimental to the interest of the general public.
(2) No order of removal shallbe made by the Central Government for the State Government, as the case maybe,under this section unless the member concerned has been given a reasonableopportunity of showing cause against the same.
(3) Notwithstanding anythingcontained in sub–sections (1) and (7) of section 5, a member who hasbeen removed under this section shall not be eligible for renomination as amember.
7.Vacation of seats by members: If a member of a Board becomessubject to any of the disqualification specified in section 6, his seat shallbecome vacant.
8.Meetings of Board: A Board shall meet at leastonce in every three months and shall observe such rules of procedure in regardto the transaction of business at its meetings as maybe prescribed:
Provided that if, in theopinion of the chairman, any business of an urgent nature is to be transacted,he may convene a meeting of the Board at such time as he thinks fit for theaforesaid purpose.
9.Constitution of committees: (1) A Board may constitute asmany committees consisting wholly of members or wholly of their persons orpartly of members and partly of other persons, and for such purpose or purposesas it may think fit.
(2) A committee constitutedunder this section shall meet at such time and at such place, and shall observesuch rules of procedure in regard to the transaction of business at itsmeetings, as may be prescribed.
(3) The members of a committee(other than the members of the Board) shall be paid such fees and allowances,for attending its meetings and for attending to any other work of the Board asmay be prescribed.
10.Temporary association ofpersons with Board for particular purposes: (1) A Board may associate with itself in suchmanner, and for such purposes, as may be prescribed any person whose assistanceor advice it may desire to obtain in performing any of its functions under thisAct.
(2) A person associated withthe Board under sub–section (1) for any purpose shall have a right totake part in the discussions of the Board relevant to that purpose, but shallnot have a right to vote at a meeting of the Board, and shall not be member forany 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 itsmeetings and for attending to any other work of the Board, as may be prescribed.]
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1. Sub-section (3) inserted bythe Water (Prevention and Control of Pollution) Amendment Act, 1978 (44 of1978) Section 6.
11.Vacancy in Board not toinvalidate acts or proceedings: No act or proceeding of a Board or any committee thereof shall becalled in question on the ground merely of the existence of any vacancy in, orany defect in the constitution of, the Board or such committee, as the case maybe.
1 [11A.Delegation of powers to Chairman: The Chairman of aBoard shall exercise such powers and perform such duties as may be prescribedor as may, from time to time, be delegated to him by the Board.]
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1. Section 11A inserted by theWater (Prevention and Control of Pollution) Amendment Act, 1978 (44 of 1978)Section 7.
12.Member-secretary andofficers and other employees of Board: (1) The terms and conditions of service of themember–secretary shall be such as may be prescribed.
(2) The member–secretaryshall exercise such powers and perform such duties as may be prescribed or asmay, from time to time, be delegated to him by the Board or its chairman.
(3) Subject to such rules asmay be made by the Central Government or, as the case may be, the StateGovernment in this behalf, a Board may appoint such officers and employees asit considers necessary for the efficient performance of its functions 1 [*]
2 [(3A) the method of recruitment and the terms and conditions ofservice (including the scales of pay) of the officers (others than the member–secretary)and other employees of the central Board or a state Board shall be such as maybe determined by regulations made by the central Board, or, as the case may be,by the State Board:
Provided that no regulationmade under his sub–section shall take effect unless, –
(a) in the case of a regulationmade by the central Board, it is approved by the Central Government; and
(b) in the case of a regulationmade by a State Board, it is approved by the State Government.]
3 [(3B) The Board may, by general or special order, and subject tosuch conditions and limitations, if any, as may be specified in the orderdelegate to any officer of the Board such of its powers and functions underthis Act as it may deem necessary.]
(4) Subject to such conditionsas may be prescribed, a Board may from time to time appoint any qualifiedperson to be a consulting engineer to the Board and pay him such salaries andallowances and subject him to such other terms and conditions of service as itthinks fit.
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1. The words "and therules so made may provide for the salaries and allowances and other terms andconditions of service of such officers and employees" omitted by the Water(Prevention and Control of Pollution) Amendment Act, 1978 (44 of 1978) Section8 (a).
2. Sub-section (3A) inserted bythe Water (Prevention and Control of Pollution) Amendment Act, 1978 (44 of1978) Section 8 (b).
3. Sub-section (3B) inserted bythe Water (Prevention and Control of Pollution) Amendment Act, 1988 (53 of1988) Section 6.
CHAPTER III
JOINT BOARDS
13.Constitution of Joint Board: (1) Notwithstanding anythingcontained in this Act, an agreement may be entered into–
(a) by two or more Governmentsof contiguous States, or
(b) by the Central Government(in respect of one or more Union territories) and one or more Governments ofStates contiguous to such Union territory or Union territories,
to be force for such period andto be subject to renewal for such further period, if any, as maybe specified inthe agreement to provide for the constitution of a Joint Board, –
(i) in a case referred to inclause (a), for all the participating States, and
(ii) in a case referred to inclause (b), for the participating Union territory or Union territories and theState or States.
(2) An agreement under thissection may–
(a) provide, in a case referredto in clause (a) of sub–section (1), for the apportionment between theparticipating States and in a case referred to in clause (b) of that sub–section,for the apportionment between the Central Government and the participatingState Government or State Governments, of the expenditure in connection withthe Joint Board;
(b) determine, in a casereferred to in clause (a) of sub–section (1), which of the participatingState Governments and in a case referred to in clause (b) of that sub–section,whether the Central Government or the participating State Government (if thereare more than one participating State, also which of the participating StateGovernments) shall exercise and perform the several powers and functions of theState Government under this Act and the references in this Act to the StateGovernment shall be construed accordingly;
(c) provide for consultation,in a case referred to in clause (a) of sub–section (1), between theparticipating State Governments and in a case referred to in clause (b) of thatsub–section, between the Central Government and the participating StateGovernment or State Government either generally or with reference to particularmaters arising under this Act;
(d) make such incidental andancillary provisions, not inconsistent with this Act, as maybe deemed necessaryor expedient for giving effect to the agreement.
(3) An agreement under thissection 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 referredto in clause (b) of that subsection, in the Official Gazette of theparticipating Union territory or Union territories and the participating Stateor States.
14.Composition of Joint Boards: (1) A Joint Board constitutedin 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–timechairman, being a person having special knowledge or practical experience inrespect of 1 [matters relating toenvironmental protection] or a person having knowledge and experience inadministering institutions dealing with the matters aforesaid, to be nominatedby the Central Government;
(b) two officials from each ofthe participating States to be nominated by the concerned participating StateGovernment to represent that Government;
(c) one person to be nominatedby each of the participating State Governments from amongst them members of thelocal authorities functioning within the State concerned;
(d) one non–official tobe nominated by each of the participating State Governments to represent theinterests of agriculture, fishery or industry or trade in the State concernedor any other interest which, in the opinion of the participating StateGovernment, is to be represented;
(e) two persons to be nominatedby 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, engineeringor management aspects of pollution control, to be appointed by the CentralGovernment.]
(2) A Joint Board constitutedin pursuance of an agreement entered into under clause (b) of subsection (i) ofsection 13 shall consist of the following members, namely: –
(a) a full–timechairman, being a person having special knowledge or practical experience inrespect of 3 [matters relating toenvironmental protection] or a person having knowledge and experience inadministering institutions dealing with the matters aforesaid, to be nominatedby the Central Government;
(b) two officials to benominated by the Central Government from the participating Union territory oreach of the participating Union territories, as the case may be, and twoofficials to be nominated, from the participating State or each of theparticipating States, as the case maybe, by the concerned participating State Government;
(c) one person to be nominatedby the Central Government from amongst the members of the local authoritiesfunctioning within the participating Union territory or each of theparticipating Union territories, as the case maybe, and one person to benominated, form amongst the members of the local authorities functioning withinthe participating State or each of the participating States, as the case maybe, by the concerned participating State Government;
(d) one non–official tobe nominated by the Central Government and one person to be nominated by theparticipating State Government or State Governments to represent the interestsof agriculture, fishery or industry or trade in the Union territory or in eachof the Union territories or the State or in each of the States, as the casemaybe, 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 nominatedby the Central Government to represent the companies or corporations owned,controlled or managed by the Central Government and situate in theparticipating Union territory or territories and two persons to be nominated bythe Central Government to represent the companies or corporations owned,controlled or managed by the participating State Governments;
4 [(f) a full–time member–secretary,possessing qualifications, knowledge and experience of scientific, engineeringor management aspects of pollution control, to be appointed by the CentralGovernment.]
(3) When a Joint Board isconstituted in pursuance of an agreement under clause (b) of section (1) ofsection 13, the provisions of subsection (4) of section 4 shall cease to applyin relation to the Union territory for which the Joint Board is constituted.
(4) Subject to the provisionsof sub–section (3), the provisions of sub–section (3) of section4 and sections 5 to 12 (inclusive) shall apply in relation to the Joint Boardand its member–secretary as they apply in relation to a State Board andits member–secretary.
(5) Any reference in this Actto the State Board shall, unless the context otherwise requires, be construedas including a Joint Board.
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1. Substituted for the words"matters relating to the use and conservation of water resources or theprevention and control of water pollution" by the Water (Prevention andControl of Pollution) Amendment Act, 1978 (44 of 1978) Section 9 (a) (i).
2. Clause (f) of Section 1substituted by the Water (Prevention and Control of Pollution) Amendment Act,1988 (53 of 1988) Section 7 (a).
3. Substituted "mattersrelating to the use and conservation of water resources or the prevention andcontrol of water pollution" by the Water (Prevention and Control ofPollution) Amendment Act, 1978 (44 of 1978) Section 9 (b) (i).
4. Clause (f) of Section 2substituted by the Water (Prevention and Control of Pollution) Amendment Act,1988 (53 of 1988) Section 7 (b).
15.Special provision relatingto giving of directions: Notwithstanding anything contained in this Act where any JointBoard is constituted under section 13, –
(a) the Government of the Statefor which the Joint Board is constituted shall be competent to give anydirection under this Act only in cases where such direction relates to a mattewithin the exclusive territorial jurisdiction of the State;
(b) the Central Governmentalone shall be competent to give any direction under this Act where suchdirection
relates to a mater within theterritorial jurisdiction of two or more States or pertaining to a Unionterritory.
CHAPTER IV
POWER AND FUNCTIONS OF BOARDS
16.Functions of Central Board: (1) Subject to the provisionsof this Act, the main function of the Central Board shall be to promotecleanliness of streams and wells in different areas of the States.
(2) In particular and withoutprejudice to the generality of the foregoing function, the Central Board mayperform all or any of the following functions namely: –
(a) advise the CentralGovernment on any matter concerning the prevention and control of waterpollution;
(b) co–ordinate theactivities of the State Boards and resolves disputes among them;
(c) provide technicalassistance and guidance to the State Boards, carry out and sponsorinvestigations and research relating to problems of water pollution andprevention, control or abatement of water pollution;
(d) plan and organise thetraining of persons engaged or to be engaged in programmes for the prevention,control or abatement of water pollution on such terms and conditions as theCentral Board any specify;
1 [(ee) perform such of thefunctions of any Statement Board as may be specified in an order made under sub–section(2) of section 18;]
(f) collect, compile andpublish technical and statistical data relating to water pollution and themeasures devised for its effective prevention and control and prepare manuals,codes or guides relating to treatment and disposal of sewage and tradeeffluents and disseminate information connected therewith;
(g) lay down, modify or annul,in consultation with the State Government concerned, the standards for a streamor well:
Provided that differentstandards may be laid down for the same stream or well or for different streamsor wells, having regard to the quality of water, flow characteristics of thestreams or well and the nature of the use of the water in such stream or wellor streams or wells;
(h) plan and cause to beexecuted a nation–wide programme for the prevention, control orabatement of water pollution;
(i) perform such otherfunctions as may be prescribed.
(3) The Board may establish orrecognise a laboratory or laboratories to enable the Board to perform itsfunctions under this section efficiently including the analysis of samples ofwater from any stream or well or of samples of any sewage or trade effluents.
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1. Inserted by the Water(Prevention and Control of Pollution) Amendment Act, 1988 (53 of 1988) Section8.
17.Functions of State Board: (1) Subject to the provisionsof this Act, the functions of a State Board shall be–
(a) to plan a comprehensiveprogramme for the prevention, control or abatement of pollution of streams andwells in the State and to secure the execution thereof;
(b) to advise the StateGovernment on any matter concerning the prevention, control or abatement ofwater pollution;
(c) to collect and disseminateinformation relating to water pollution and the prevention, control orabatement thereof;
(d) to encourage, conduct andparticipate in investigations and research relating to problems of waterpollution and prevention, control or abatement of water pollution;
(e) to collaborate with theCentral Board in organising the training of persons engaged or to be engaged inprogrammes relating to prevention, control or abatement of water pollution andto organise mass education programmes relating thereto;
(f) to inspect sewage or tradeeffluents, works and plants for the treatment of sewage and trade effluents andto review plans, specification or other data relating to plants set up for thetreatment of water, works for the purification thereof and the system for thedisposal of sewage or trade effluents or in connection with the grant of anyconsent as required by this Act;
(g) to lay down, modify orannul effluent standards for the sewage and trade effluents and for the qualityof receiving waters (not being water in an inter–State stream) resultingfrom the discharge of effluents and to classify waters of the State;
(h) to evolve economical andreliable methods of treatment of sewage and trade effluents, having regard tothe
peculiar conditions of soils,climate and water resources of different regions and more especially theprevailing flow characteristics of water in streams and wells which render itimpossible to attain even the minimum degree of dilution;
(i) to evolve methods ofutilisation of sewage and suitable trade effluents in agriculture;
(j) to evolve efficient methodsof disposal of sewage and trade effluents on land, as are necessary on accountof the predominant conditions of scant stream flows that do not provide formajor part of the year the minimum degree of dilution;
(k) to lay down standards oftreatment of sewage and trade effluents to be discharged into any particularstream taking into account the minimum fair weather dilution available in thatstream and the tolerance limits of pollution permissible in the water of thestream, after the discharge of such effluents;
(l) to make, vary or revoke anyorder–
(i) for the prevention, controlor abatement of discharges of waste into streams or wells;
(ii) requiring any personconcerned to construct new systems for the disposal of sewage and tradeeffluents or to modify, alter or extend any such existing system or to adoptsuch remedial measures as are necessary to prevent, control or abate waterpollution;
(m) to lay down effluentstandards to be complied with by persons while causing discharge of sewage orsludge or both and to lay down, modify or annul effluent standards for thesewage and trade effluents;
(n) to advise the StateGovernment with respect to the location of any industry the carrying on ofwhich is likely to pollute a stream or well;
(o) to perform such otherfunctions as may be prescribed or as may, from time to time, be entrusted to itby the Central Board or the State Government.
(2) The Board may establish orrecognise a laboratory or laboratories to enable the Board to perform itsfunctions under this section efficiently, including the analysis of samples ofwater 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 bebound by such directions in writing as the Central Government may give to it;and
(b) every State Board shall bebound by such directions in writing as the Central Board or the StateGovernment may give to it:
Provided that where a directiongiven by the State Government is inconsistent with the direction given by theCentral Board, the matter shall be referred to the Central Government for itsdecision.
1 [(2) Where the CentralGovernment is of the opinion that any State Board has defaulted in complyingwith any directions given by the Central Board under sub–section (1) andas a result of such default a grave emergency has arisen and it is necessary orexpedient so to do in the public interest, it may, by order, direct the CentralBoard to perform any of the functions of the State Board in relation to sucharea, for such period and for such purposes as may be specified in theorder.
(3) Where the Central Boardperforms any of the functions of the State Board in pursuance of a directionunder section (2).the expenses, if any, incurred by the Central Board withrespect to the performance of such functions may, if the State Board isempowered to recover such expenses, be recovered by the Central Board withinterest (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 theperson 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 StateBoard given under sub–section (2) in respect of any area would notpreclude the State Board from performing such functions in any other area inthe State or any, of its other functions in that area.]
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1. Section 18 numbered asSub-section (1) and Sub-sections (2), (3) and (4) inserted by the Water(Prevention and Control of Pollution) Amendment Act, 1988 (53 of 1988) Section9.
CHAPTER V
PREVENTION AND CONTROL OF WATER POLLUTION
19.Power of State Government torestrict the application of the Act to certain areas: (1) Notwithstanding anythingcontained in this Act, if the State Government, after consultation with, or onthe recommendation of, the State Board, is of opinion that the provisions ofthis Act need not apply to the entire State, it may, by notification in theofficial Gazette, restrict the application of this Act to such area or areas asmay be declared therein as water pollution, prevention and control are or areasand thereupon the provisions of this Act shall apply only to such area orareas.
(2) Each water pollution,prevention and control area may be declared either by reference to a map or byreference to the line of any watershed or the boundary of any district orpartly 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 waterpollution, prevention and control area in which may be merged one or more waterpollution, prevention and control areas, or any part or parts thereof.
20.Power to obtain information:(1) For the purpose of enablinga State Board to perform the functions conferred on it by or under this Act,the State Board or any officer empowered by it in that behalf, may make surveysof any area and gauge and keep records of the flow or volume and othercharacteristics of any stream or well in such area, and may take steps for themeasurement and recording of the rainfall in such area or any part thereof and forthe installation and maintenance for those purposes of gauges or otherapparatus and works connected therewith, and carry out stream surveys and maytake such other steps as may be necessary in order to obtain any informationrequired for the purposes aforesaid.
(2) A State Board may givedirections requiring any person who in its opinion is abstracting water fromany such stream or well in the are in quantities which are substantial inrelation to the flow or volume of that stream or well or is discharging sewageor trade effluent into any such stream or well, to give such information as tothe abstraction or the discharge at such times and in such form as may bespecified in the directions.
(3) Without prejudice to theprovisions of sub–section (2), a State Board may, with a view topreventing or controlling pollution of water, give directions requiring anyperson in charge of any establishment where any 1 [operation or process, or treatment and disposal system] iscarried on, to furnish to it information regarding the construction,installation or operation of such establishment or of any disposal system or ofany extension or addition thereto in such establishment and such otherparticulars as may be prescribed.
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1. Substituted for the words"industry or trade" by the Water (Prevention and Control ofPollution) Amendment Act, 1988 (53 of 1988) Section 10.
21.Power to take samples ofeffluents and procedure to be followed in connection therewith: (1) A State Board or any officerempowered by it in this behalf shall have power to take for the purpose ofanalysis samples of water from any stream or well or samples of any sewage ortrade effluent which is passing from any plant or vessel or from or over anyplace into any such stream or well.
(2) The result of any analysisof a sample of any sewage or trade effluent taken under sub–section (1)shall not be admissible in evidence in any legal proceeding unless theprovisions of sub–sections (3), (4) and (5) are complied with.
(3) Subject to the provisionsof sub–sections (4) and (5), when a sample (composite or otherwise asmay be warranted by the process used) of any sewage or trade effluent is takenfor analysis under subsection (1), the person taking the sample shall–
(a) serve on the person incharge of, or having control over, the plant or vessel or in occupation of theplace (which person is hereinafter referred to as the occupier) or any agent ofsuch occupier, a notice, then and there in such form as may be prescribed of hisintention to have it so analysed;
(b) in the presence of theoccupier or his agent, divide the sample into two parts;
(c) cause each part to beplaced in a container which shall be marked and sealed and shall also be signedboth by the person taking the sample and the occupier or his agent;
(d) send one containerforthwith, –
(i) in a case where such sampleis taken from any area situated in a Union territory, to the laboratoryestablished or recognised by the Central Board under section 16; and
(ii) in any other case, to thelaboratory established or recognised by the State Board under section 17;
(e) on the request of theoccupier or his agent, send the second container, –
(i) in a case where such sampleis taken from any area situated in a Union territory, to the laboratoryestablished or specified under sub–section (1) of section 51; and
(ii) in any other case, to thelaboratory established or specified under sub–section (1) of section 52.
1 [(4) When a sample of any sewage or trade affluent is taken foranalysis under sub–section (1) and the person taking the as sampleserves on the occupier or his agent, an notice under clause (a) of subsection(3) and the occupier or his agent wilfully absents himself then, –
(a) the sample so taken shallbe placed in a container which shall be marked and sealed and shall also besigned by the person taking the sample and the same shall be sent forth with bysuch person for analysis to t he 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 under sub–section(1) or sub–section (2), as the case may be, of section 53 in writingabout the wilful absence of the occupier or his agent; and
(b) the cost incurred ingetting such sample analysed shall be payable by the occupier or his agent andin case of default of such payment, this same shall be recoverable from theoccupier or his agent, as the case may be, as an arrears of land revenue or of publicdemand:
Provided that no such recoveryshall be made unless the occupier or, as the case may be, his agent has beengiven a reasonable opportunity of being heard in the matter.]
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1. Substituted for the originalsub-section (4) by the Water (Prevention and Control of Pollution) AmendmentAct, 1978 (44 of 1978) Section 10.
(5) When a sample of any sewageor trade effluent is taken for analysis under sub–section (1) and theperson taking the sample serves on the occupier or his agent a notice underclause (a) of sub–section (3) and the occupier or his agent who ispresent at the tie of taking the sample does not make a request for dividingthe 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 markedand sealed and shall also be signed by the person taking the sample and thesame shall be sent forthwith by such person for analysis to the laboratoryreferred to in sub–clause (i) or sub–clause (ii), as the case maybe, of clause (d) of sub–section (3) .
22.Reports of the result ofanalysis on samples taken under section 21: (1) Where a sample of any sewage or trade effluenthas been sent for analysis to the laboratory established or recognised by theCentral Board or, as the case may be, the State Board, the concerned Boardanalyst appointed under sub–section (3) of section 53 shall analyse thesample and submit a report in the prescribed form of the result of suchanalysis in triplicate to the Central Board or the State Board, as the case maybe.
(2) On receipt of the reportunder sub–section (1), one copy of the report shall be sent by theCentral Board or the State Board, as the Case may be, to the occupier or hisagent referred to in section 21, another copy shall be preserved for productionbefore the court in case any legal proceedings are taken against him and theother copy shall be kept by the concerned Board.
(3) Where a sample has beensent for analysis under clause (3) of sub–section (3) or sub–section(4) of section 21 to any laboratory mentioned therein, the Government analystreferred to in that sub–section shall analyse the sample and submit areport in the prescribed form of the result of the analysis in triplicate tothe Central Board or, as the case may be, the State Board which shall complywith the provisions of sub–section (2).
(4) If there is anyinconsistency or discrepancy between, or variation in the results of, theanalysis carried out by the laboratory established or recognised by the CentralBoard or the State Board, as the case may be, and that of the laboratoryestablished or specified under section 51 or section 52, as the case may be,the report of the latter shall prevail.
(5) Any cost incurred ingetting any sample analysed at the request of the occupier or his agent shallbe payable by such occupier or his agent and in case of default the same shallbe recoverable from his as arrears of land revenue or of public demand.
23.Power of entry andinspection: (1) Subjectto the provisions of this section, any person empowered by a State Board inthis behalf shall have a right at any time to enter, with such assistance as heconsiders necessary, anyplace–
(a) for the purpose ofperforming any of the functions of the Board entrusted to him;
(b) for the purpose ofdetermining whether and if so in what manner, any such functions are to beperformed or whether any provisions of this Act or the rules made thereunder ofany notice, order, direction or authorisation served, made, given, or grantedunder this Act is being or has been complied with;
(c) for the purpose ofexamining any plant, record, register, document or any other material object orfor conducting a search of any place in which he has reason to believe that anoffence under this Act or the rules made thereunder has been or is being or isabout to be committed and for seizing any such plant, record, register,document or other material object, if he has reason to believe that it mayfurnish evidence of the commission of an offence punishable under this Act orthe rules made thereunder:
Provided that the right toenter under this sub–section for the inspection of a well shall beexercised only at reasonable hours in a case where such well is situated in anypremises used for residential purposes and the water thereof is usedexclusively for domestic purposes.
(2) The provisions of 1 [the Code of Criminal Procedure, 1973 (2 of 1974)] or, inrelation to the State of Jammu and Kashmir, the provisions of any correspondinglaw in force in that State, shall, so far as may be, apply to any search orseizure under this section as they apply to any search or seizure made underthe authority of a warrant issued under 2 [section 94] of the said Code, or, as the case may be, under thecorresponding provisions of the said law.
Explanation: For thepurposes of this section, "place" includes vessel.
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1. Substituted for the words,figures and brackets "the Code of Criminal Procedure, 1898, (5 of1898)" by the Water (Prevention and Control of Pollution) Amendment Act,1978 (44 of 1978) Section 11 (a).
2. Substituted for the wordsand figures "section 98" by the Water (Prevention and Control ofPollution) Amendment Act, 1978 (44 of 1978) Section 11 (b).
24.Prohibition on use of streamor well for disposal of polluting matter, etc: (1) Subject to the provisions of this section,-
(a) no person shall knowinglycause or permit any poisonous, noxious or polluting mater determined inaccordance with such standards as may be laid down by the State Board to enter(whether directly or indirectly) into any 1 [ steam or well or sewer or on land]; or
(b) no person shall knowinglycause or permit to enter into any stream any other matter which may tend,either directly or in combination with similar matters, to impede the properflow of the water of the stream in a manner leading or likely to lead to asubstantial aggravation of pollution due to other causes or of itsconsequences.
(2) A person shall not beguilty of an offence under sub–section (1), by reason only of havingdone or caused to be done any of the following acts, namely: –
(a) constructing, improving ormaintaining 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 workswhich he has a right to construct improve or maintain;
(b) depositing any materials onthe bank or in the bed of any stream for the purpose of reclaiming land or forsupporting, repairing or protecting the bank or bed of such stream providedsuch materials are not capable of polluting such stream;
(c) putting into any stream anysand or gravel or other natural deposit which has flowed from or been depositedby the current or such stream;
(d) causing or permitting, withthe consent of the State Board, the deposit accumulated in a well, pond orreservoir 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 form the operation of sub–section(1) subject to such conditions, if any, as may be specified in the notificationand any condition so specified may be a like notification be altered, varied oramended.
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1. Substituted for the words"stream or well" by the Water (Prevention and Control of Pollution)Amendment Act, 1988 (53 of 1988) Section 11.
25.Restrictions on new outletsand new discharges: 1 [(1) Subject to the possessionof this section, no person shall, without the previous consent of the StateBoard, –
(a) establish or take any stepsto establish any industry, operation or process, or any treatment and disposalsystem or any extension or addition thereto, which is likely to dischargesewage or trade effluent into a stream or well or sewer or on land (suchdischarge being hereafter in this section referred to as discharge of sewage);or
(b) bring into use any new oraltered outlet for the discharge of sewage; or
(c) begin to make any new dischargeof sewage:
Provided that a person in theprocess of taking any steps to establish any industry, operation or processimmediately before the commencement of the Water (prevention and Control ofPollution) Amendment Act, 1988, for which no consent was necessary prior tosuch commencement, may continue to do so for a period of three months from suchcommencement or, if he has made an application for such consent, within thesaid period of three months, till the disposal of such application.
(2) An application for consentof the State Board under sub–section (1) shall be made in such form,contain such particular s and shall be accompanied by such fees as may beperiod.]
(3) The State Board may makesuch inquiry as it may deem fit in respect of the application for consentreferred to in sub–section (1) and in making any such inquiry shallfollow such procedure as may be prescribed.
2 [(4) The State Board may –
(a) grant its consent referredto in sub–section (1), subject to such conditions as it may impose,being –
(i) in cases referred to inclauses (a) and (b) of sub–section (1) of section 25, conditions as tothe point of discharge of sewage or as to the use of that outlet or any otherfor discharge of sewage;
(ii) in the case of a newdischarge, conditions as to the nature and composition, temperature, volume orrate of discharge of the effluent from the land or premises from which thedischarge or new discharge is to be made; and
(iii) that the consent will bevalid only for such period as may be specified in the order.
and any such conditions imposedshall be binding on any person establishing or taking any steps to establishany industry, operation or process, or treatment and disposal system orextension or addition thereto, or using the new or altered outlet, ordischarging the effluent from the land or premises aforesaid; or
(b) refuse such consent forreasons to be recorded in writing.
(5) Where, without the consentof the State Board, any industry, operation or process, or any treatment anddisposal system or any extension or addition thereto, is established, or anysteps for such established have been taken or a new or altered outlet isbrought into use for the discharge of sewage or a new discharge of sewage ismade, the State Board may serve on the person who has established or takensteps to establish any industry, operation or process, or any treatment anddisposal system or any extension or addition thereto, or using the outlet, ormaking the discharge, as the case may be, a notice imposing any such conditionsas it might have imposed on an application for its consent in respect of suchestablishment, such outlet or discharge.
(6) Every State Board shallmaintain a register containing particular s of the conditions imposed underthis section and so much of the register as relates to any outlet, or to anyeffluent, from any land or premises shall be open to inspection at allreasonable hours by any person interested in, or affected by such outlet, landor premises, as the case may be, or by any person authorised by him in thisbehalf and the conditions so contained in such register shall be conclusiveproof that the consent was granted subject to such conditions.]
(7) The consent referred to insub–section (1) shall, unless given or refused earlier, be deemed tohave been given unconditionally on the expiry of a period of four months of themaking of an application in this behalf complete in all respects to the StateBoard.
(8) For the purposes of hissection and section 27 and 30, –
(a) the expression new oraltered outlet" means any outlet which is wholly or partly constructed onor after the commencement of this Act or which (whether so constructed or not)is substantially altered after such commencement;
(b) the expression "newdischarge" means a discharge which is not, as respects the nature andcomposition, temperature, volume, and rate of discharge of the effluentsubstantially a continuation of a discharge made within the preceding twelvemonths (whether by the same or a different outlet), so however that a dischargewhich is in other respects a continuation of previous discharge made asaforesaid shall not be deemed to be a new discharge by reason of any reductionof the temperature or volume or rate of discharge of the effluent as comparedwith the previous discharge.
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1. Sub-sections (1) and (2)substituted by the Water (Prevention and Control of Pollution) Amendment Act,1988 (53 of 1988) Section 12 (a).
2. Sub-sections (4), (5) and(6) substituted by the Water (Prevention and Control of Pollution) AmendmentAct, 1988 (53 of 1988) Section 12 (b).
26.Provision regarding existingdischarge of sewage or trade effluent: Where immediately before the commencement of thisAct any person was discharging any sewage or trade effluent into a 1 [stream or well or sewer or on land], the provisions of section25 shall, so far as may be, apply in relation to such person as they apply inrelation to the person referred to in that section subject to the modificationthat the application for consent to be made under sub–section (2) ofthat section 2 [shall be made on or beforesuch date as may be specified by the State Government by notification in thisbehalf in the Official Gazette].
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1. Substituted for the words"stream or well" by the Water (Prevention and Control of Pollution)Amendment Act, 1978 (44 of 1978) Section 13 (a).
2. Substituted for the words"shall be made within a period of three months of the constitution of theState Board" by the Water (Prevention and Control of Pollution) AmendmentAct, 1978 (44 of 1978) Section 13 (b).
27.Refusal or withdrawal ofconsent by State Board: 1 [(1) A State Board shall notgreat its consent under sub–section (4) of section 25 for theestablishment of any industry, operation or process, or treatment and disposalsystem or extension or addition thereto, or to the bringing into use of a newor altered outlet unless the industry, operation or process, or treatment anddisposal system or extension or addition thereto, or the outlet is soestablished as to comply with any conditions imposed by the Board to enable itto 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 mayserve on the person to whom a consent under section 25 or section 26 is granteda notice making any reasonable variation of or revoking any such condition;]
(b) the refusal of any consentreferred to in sub–section (1) of section 25 or section 26 or the grantof such consent without any condition, and may make such orders as it deemsfit.]
(3) Any condition imposed undersection 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.
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1. Substituted for the originalsub-section (1) by the Water (Prevention and Control of Pollution) AmendmentAct, 1988 (53 of 1988) Section 13 (a).
2. Substituted for the originalsub-section (2) by the Water (Prevention and Control of Pollution) AmendmentAct, 1978 (44 of 1978) Section 14.
3. Clause (a) substituted bythe Water (Prevention and Control of Pollution) Amendment Act, 1988 (53 of1988) Section 13 (b).
28.Appeals: (1) Any person aggrieved by anorder 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 appellateauthority) as the State Government may think fit to constitute:
Provided that the appellateauthority may entertain the appeal after the expiry of the said period ofthirty days if such authority is satisfied that the appellant was prevented bysufficient cause from filing the appeal in time.
1 [(2) An appellate authority shall consist of a single person orthree persons, as the State Government may think fit, to be appointed by thatGovernment.]
(3) The form and manner inwhich an appeal may be preferred under sub–section (1), the fees payablefor such appeal and the procedure to be followed by the appellate authorityshall be such as may be prescribed.
(4) On receipt of an appealpreferred under sub–section (1), the appellate authority shall, aftergiving the appellant and the State Board an opportunity of being heard, disposeof the appeal as expeditiously as possible.
(5) If the appellate authoritydetermines that any condition imposed, or the variation of any condition, asthe case may be, was unreasonable, the, –
(6) where the appeal is inrespect of the reasonableness of any condition imposed, such authority maydirect either that the condition shall be treated as annulled or that thereshall be treated as continuing in force unvaried or that it shall be varied insuch manner as appears to it to be reasonable.
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1. Substituted for the originalsub-section (2) by the Water (Prevention and Control of Pollution) AmendmentAct, 1978 (44 of 1978) Section 15.
29.Revision: (1) The State Government may atany time either of its own motion or on an application made to it in thisbehalf, call for the records of any case where an order has been made by theState Board under section 25, section 26 or section 27 for the purpose ofsatisfying itself as to the legality or propriety of any such order and maypass such order in relation thereto as it may think fit:
Provided that the StateGovernment shall not pass any order under this sub–section withoutaffording the State Board and the person who may be affected by such order areasonable opportunity of being heard in the matter.
(2) The State Government shallnot revise any order made under section 25, section 26 or section 27 where anappeal against that order lies to the appellate authority, but has not beenpreferred or where an appeal has been preferred such appeal is pending beforethe appellate authority.
30.Power of State Board tocarry out certain works: 1 [(1) Where under this Act, anyconditions have been imposed on any person while granting consent under section25 or section 26 and such conditions require such person to execute any work inconnection therewith and such work has not been executed within such time asmay be specified in this behalf, the State Board may serve on the personconcerned a notice requiring him within such time (not being less than thirtydays) as may be specified in the notice to execute the work specified therein.]
(2) If the person concernedfails 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, theState Board may itself execute or cause to be executed such work.
(3) All expenses incurred bythe State Board for the execution of the aforesaid work, together withinterest, at such rate as the State Government may, by order, fix, from thedate when a demand for the expenses is made until it is paid, maybe recoveredby that Board from the person concerned, as arrears of land revenue, or of publicdemand.
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1. Substituted for the originalSub-section (1) by the Water (Prevention and Control of Pollution) AmendmentAct, 1988 (53 of 1988) Section 14.
31.Furnishing of information toState Board and other agencies in certain cases: 1 [(1) Ifat any place where any industry, operation or process, or any treatment anddisposal system or any extension or addition thereto is being carried on, dueto accident or other unforeseen act or event, any poisonous, noxious orpolluting matter is being discharged, or is likely to be discharged into astream or well or sewer or on land and, as a result of such discharge, thewater in any stream or well is being polluted, or is likely to be polluted,then the person such accident, act or event to the State Board and such otherauthorities or agencies as may be prescribed.]
(2) Where any local authorityoperates 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 personin charge of the place where any industry or trade is being carried on.
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1. Substituted for the originalSub-section (1) by the Water (Prevention and Control of Pollution) AmendmentAct, 1988 (53 of 1988) Section 15.
32.Emergency measures in caseof pollution of stream or well: (1) Where it appears to the State Board that any poisonous,noxious or polluting matter is present in any stream or well or has enteredinto that 1 [any stream or well or on land by reason of thedischarge of such matter in such] or on such land stream or well due to anyaccident or other unforeseen act or event, and if the Board is of opinion thatit is necessary or expedient to take immediate action, it may for reasons to berecorded in writing, carry out such operations as it may consider necessary forall or any of the following purposes, that is to say, –
(a) removing that matter fromthe 2 [stream or well or on land] and disposing it of insuch manner as the Board considers appropriate;
(b) remedying or mitigating anypollution caused by its presence in the stream or well;
(c) issuing orders immediatelyrestraining or prohibiting the person concerned from discharging any poisonous,noxious or polluting matter into the stream or well, or from making in sanitaryuse of the 3 [into the stream or well or onland].
(2) The power conferred by sub–section(1) does not include the power to construct any works other than works of atemporary character which are removed on or before the completion of the operations.
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1. Substituted for the words"stream or well" by the Water (Prevention and Control of Pollution)Amendment Act, 1988 (53 of 1988) Section 16 (a).
2. Substituted for the words"stream or well" by the Water (Prevention and Control of Pollution)Amendment Act, 1988 (53 of 1988) Section 16 (b).
3. Substituted for the words"stream or well" by the Water (Prevention and Control of Pollution)Amendment Act, 1988 (53 of 1988) Section 16 (c).
33.Power of Board to makeapplication to courts for restraining apprehended pollution of water in streamsor wells: 1 [(1) Where it is apprehendedby a Board that the water in any stream or well is likely to be polluted byreason of the disposal or likely disposal of any matter in such stream or wellor in any sewer or on any land, or otherwise, the Board may make an applicationto a court, not inferior to that of a Metropolitan Magistrate or a JudicialMagistrate of the first class for restraining the person who is likely to causesuch pollution from so causing.]
(2) On receipt of anapplication under sub–section (1) the court may make such order as itdeems fit.
(3) Where under sub–section(2) the court makes an order restraining any person from polluting the water inany stream or well, it may in that order–
(i) direct the person who islikely 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 thecase maybe, to remove from such stream or well, such matter, and
(ii) authorise the Board, ifthe direction under clause (i) (being a direction for the removal of any matterfrom such stream or well) is not complied with by the person to whom suchdirection is issued, to undertake the removal and disposal of the matter insuch manner as may be specified by the Court.
(4) All expenses incurred bythe 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 bedefrayed out of any money obtained by the Board from such disposal and anybalance outstanding shall be recoverable from the person concerned as arrearsof land revenue or of public demand.
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1. Substituted for the originalSub-section (1) by the Water (Prevention and Control of Pollution) AmendmentAct, 1988 (53 of 1988) Section 17.
1 [33A.Power to give directions: Notwithstanding anythingcontained in any other law, but subject to the provisions of this Act, and toany directions that the Central Government may give in this behalf, a Boardmay, in the exercise of its powers and performance of its functions under thisAct, issue any directions in writing to any person, officer or authority, andsuch person, officer or authority shall be bound to comply with suchdirections.
Explanation: For theavoidance of doubts, it is hereby declared that the power to issue directionsunder this section includes the power to direct –
(a) theclosure, prohibition or regulation of any industry, operation or process; or
(b) the stoppage or regulationof supply of electricity, water or any other service.]
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1. Section 33A inserted by theWater (Prevention and Control of Pollution) Amendment Act, 1988 (53 of 1988)Section 18.
CHAPTER VI
FUNDS, ACCOUNTS AND AUDIT
34.Contributions by CentralGovernment: TheCentral Government may, after due appropriation made by parliament by law inthis behalf, make in each financial year such contributions to the CentralBoard as it may think necessary to enable the Board to perform its functionunder this Act.
35.Contributions by StateGovernment: TheState Government may, after due appropriation made by the Legislature of theState by law in this behalf, make in each financial year such contributions to theState Board as it may think necessary to enable that Board to perform itsfunctions under this Act.
36.Fund of Central Board: (1) The Central Board shallhave its own fund, and all sums which may from time to time, be paid to it bythe 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 allpayments by the Board shall be made therefrom.
(2) The Central Board mayexpend such sums as it thinks fit for performing its functions under this Act, 2 [and, where any law for the time being in force relating to theprevention, control or abatement of air pollution provide for the performanceof any function under such law by the Central Board also for performing itsfunctions under such law] and such sums shall be treated as expenditure payableout of the fund of that Board.
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1. Inserted by the Water(Prevention and Control of Pollution) Amendment Act, 1978 (44 of 1978) Section16 (a).
2. Inserted by the Water(Prevention and Control of Pollution) Amendment Act, 1978 (44 of 1978) Section16 (b).
37.Fund of State Board: (1) The State Board shall haveits own fund, and the sums which may, from time to time, be paid to it by theState Government and all other receipts (by way of gifts, grants, donations,benefactions 1 [, fees] or otherwise) of thatBoard shall be carried to the fund of the Board and all payments by the Boardshall be made therefrom.
(2) The State Board may expendsuch sums as it thinks fit for performing its functions under this Act, 2 [and where any law for the time being in force relating to theprevention, control or abatement of air pollution provides for the performanceof any function under such law by the State Board, also for performing itfunctions under such law] and such sums shall be treated as expenditure payableout of the fund of that Board.
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1. Inserted by the Water(Prevention and Control of Pollution) Amendment Act, 1978 (44 of 1978) Section17 (a).
2. Inserted by the Water(Prevention and Control of Pollution) Amendment Act, 1978 (44 of 1978) Section17 (b).
1 [37A.Borrowing powers of Board: A Board may, with theconsent of, or in accordance with, the terms of any general or specialauthority given to it by the Central Government or, as the case may be, theState Government, borrow money from any source by way of loans or issue ofbonds, debentures or such other instruments, as it may deem fit, for theperformance of all or any of its functions under this Act.]
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1. Section 37A inserted by theWater (Prevention and Control of Pollution) Amendment Act, 1988 (53 of 1988)Section 18.
38.Budget: The Central Board or, as thecase maybe, the State Board shall, during each financial year, prepare, in suchform and at such time as maybe prescribed, a budget in respect of the financialyear next ensuing showing the estimated receipt and expenditure, and copiesthereof shall be forwarded to the Central Government or, as the case may be,the State Government.
1 [39.Annual report: (1) The Central Board shall, duringeach financial year, prepare, in such form as may be prescribed, an annualreport giving full account of its activities under this Act during the previousfinancial year and copies thereof under be forwarded to the Central Governmentwithin four months from the last date of the previous financial year and thatGovernment shall cause every such report to be laid before both Houses ofParliament within nine months from the last date of the previous financialyear.
(2) Every State Board shall,during each financial year, prepare, in such form as may be prescribed, anannual report giving full account of its activities under this Act during theprevious financial year and copies thereof shall be forwarded to the StateGovernment within four months from the last date of the previous financial yearand that Government shall cause every such report to be laid before the StateLegislature within a period of nine months from the last date of the previousfinancial year.]
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1. Substituted for the originalSection 39 by the Water (Prevention and Control of Pollution) Amendment Act,1988 (53 of 1988) Section 20.
40.Accounts and audit: (1) Every Board shall maintainproper accounts and other relevant records and prepare an annual statement ofaccounts in such form as may be prescribed by the Central Government or, as thecase may be, the State Government.
(2) The accounts of the Boardshall be audited by an auditor duly qualified to act as an auditor of companiesunder section 226 of the Companies Act, 1956.(1 of 1956.)
(3) The said auditor shall beappointed by the Central Government or, as the case may be, the StateGovernment on the advice of the Comptroller and Auditor General of India.
(4) Every auditor appointed toaudit the accounts of the Board under this Act shall have the right to demandthe production of books, accounts, connected vouchers and other documents andpapers and to inspect any of the offices of the Board.
(5) Every such auditor shall send a copy ofhis report together with an audited copy of the accounts to the CentralGovernment or, as the case may be, the State Government.
(6) The Central Governmentshall, 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) orsub-section (3) of section 20, or orders issued under clause (c) of sub-section(1) of section 32 or directions issued under sub-section (2) of section 33 orsection 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 bespecified in the direction shall, on conviction, be punishable withimprisonment for a terms which may extend to three months or with fine whichmay extend to ten thousand rupees or with both and in case the failurecontinues, with an additional fine which may extend to five thousand rupees forevery day during which such failure continues after the conviction for thefirst such failure.
(2) Whoever fails to complywith any order issued under clause (c) of sub–section (1) of section 32or any direction issued by a court under sub–section (2) of section 33or any direction issued under section 33A shall, in respect of each suchfailure and no conviction, be punishable with imprisonment for a term whichshall not be less than one year and six months but which may extend to sixyears and with fine, and in case the failure continues, with an additional finewhich may extend to five thousand rupees for every day during which suchfailure continues after the conviction for the first such failure.
(3) If the failure referred toin sub–section (2) continues beyond a period of one year after the dateof conviction, the offender, shall, on conviction, be punishable withimprisonment for a term which shall not be less than two years but which mayextend to seven years and with fine.]
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1. Substituted for the originalSection 41 by the Water (Prevention and Control of Pollution) Amendment Act,1988 (53 of 1988) Section 20.
42.Penalty for certain acts: (1) Whoever–
(a) destroys, pulls down,removes, injures or defaces any pillar, post or stake fixed in the ground orany notice or other matter put up, inscribed or placed, by or under theauthority of the Board, or
(b) obstructs any person actingunder the orders or directions of the Board from exercising his powers andperforming his functions under this Act, or
(c) damages any works orproperty belonging to the Board, or
(d) fails to furnish to anyofficer or other employee of the Board any information required by him for thepurpose of this Act, or
(e) fails to intimate theoccurrence of any accident or other unforeseen act or event under section 31 tothe Board and other authorities or agencies as required by that section, or
(f) in giving any informationwhich he is required to give under this Act, knowingly or wilfully makes astatement which is false in any material particular, or
(g) for the purpose ofobtaining any consent under section 25 or section 26, knowingly or wilfullymakes a statement which is false in any material particular,
shall be punishable withimprisonment for a term which may extend to three months or with fine which mayextend to 1 [ten thousand rupees] or with both.
(2) Where for the grant of aconsent in pursuance of the provisions of section 25 or section 26 the use of ameter or gauge or other measure or monitoring device is required and suchdevice is used for the purposes of those provisions, any person who knowinglyor wilfully alters or interferes with that device so as to prevent it frommonitoring or measuring correctly shall be punishable with imprisonment for aterm which may extend to three months or with fine which may extend to 1 [ten thousand rupees] or with both.
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1. Substituted for the words"one thousand rupees" by the Water (Prevention and Control ofPollution) Amendment Act, 1988 (53 of 1988) Section 22.
43.Penalty for contravention ofprovisions of section 24: Whoever contravenes the provisions of section 24 shall bepunishable with imprisonment for a term which shall not be less than 1 [one year and six months] but which may extend to six years andwith fine.
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1. Substituted for the words"six months" by the Water (Prevention and Control of Pollution)Amendment Act, 1988 (53 of 1988) Section 23.
44.Penalty for contravention ofsection 25 or section 26: Whoever contravenes the provisions of section 25 or section 26shall be punishable with imprisonment for a term which shall not be less than 1 [one year and six months] but which may extend to six years andwith fine.
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1. Substituted for the words"six months" by the Water (Prevention and Control of Pollution)Amendment Act, 1988 (53 of 1988) Section 23.
45.Enhanced penalty afterprevious conviction: If any person who has been convicted of any offence under section24 or section 25 or section 26 is again found guilty of an offence involving acontravention of the same provision, he shall, on the second and on everysubsequent conviction, be punishable with imprisonment for a term which shallnot be less than 1 [twoyears] but which may extend to seven years and with fine:
Provided that for the purposeof this section no cognisance shall be taken of any conviction made more thantwo years before the commission of the offence which is being punished.
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1. Substituted for the words"one year" by the Water (Prevention and Control of Pollution)Amendment Act, 1988 (53 of 1988) Section 24.
1 [45A.Penalty for contravention of certain provisions of theAct: Whoever contravenes any of the provisions of this Act or fails to complywith any order or direction given under this Act, for which no penalty has beenelsewhere provided in this Act, shall be punishable with imprisonment which mayextend to three months or with fine which may extend to ten thousand rupees orwith both, and in the case of continuing contravention or failure, with anadditional fine which may extend to five thousand rupees for every day duringwhich such contravention or failure continues after conviction for the firstsuch contravention or failure.]
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1. Section 45A inserted by theWater (Prevention and Control of Pollution) Amendment Act, 1988 (53 of 1988)Section 25.
46.Publication of names ofoffenders: If any person convicted of anoffence under this Act commits a like offence afterwards it shall be lawful forthe court before which the second or subsequent conviction takes place to causethe offender’s name and place of residence, the offence and the penalty imposedto be published at the offender’s expense in such newspapers or in such othermanner as the court may direct and the expenses of such publication shall bedeemed to be part of the cost attending the conviction and shall be recoverablein the same manner as a fine.
47.Offences by companies: (1) Where an offence underthis Act has been committed by a company, every person who at the time theoffence was committed was in charge of, and was responsible to the company forthe conduct of, the business of the company, as well as the company, shall bedeemed to be guilty of the offence and shall be liable to be proceeded againstand punished accordingly:
Provided that nothing containedin this sub–section shall render any such person liable to anypunishment provided in this Act if he proves that the offence was committedwithout his knowledge or that he exercised all due diligence to prevent thecommission of such offence.
(2) Notwithstanding anythingcontained in sub–section (1), where an offence under this Act has beencommitted by a company and it is proved that the offence has been committedwith the consent or connivance of, or is attributable to any neglect on the patof, any director, manager, secretary or other officer of the company, suchdirector, manager, secretary or other officer shall also be deemed to be guiltyof that offence and shall be liable to be proceeded against and punishedaccordingly.
Explanation: For the purposes of thissection, –
(a) "company" meansanybody corporate, and includes a firm or other association of individuals; and
(b) "director" in relationto a firm means a partner in the firm,
48.Offences by GovernmentDepartments: Where anoffence under this Act has been committed by any Department of Government, theHead of the Department shall be deemed to be guilty of the offence and shall beliable to be proceeded against and punished accordingly:
Provided that nothing contained in thissection shall render such Head of the Department liable to any punishment if heproves that the offence was committed without his knowledge or that he exercisedall 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 Actexcept on a complaint made by–
(a) a Board or any officerauthorised in this behalf by it; or
(b) any person who has givennotice of not less than sixty days, in the manner prescribed, of the allegedoffence and of his intention to make a complaint, to the Board or officerauthorised as aforesaid.
and no court inferior to thatof a Metropolitan Magistrate of a Judicial Magistrate of the first clause shalltry 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 relevantreports in its possession to that person:
Provided that the Board mayrefuse to make any such report available to such person if the same is, in itsopinion, against the public inserted.]
2 [(3)] Notwithstanding anything contained in 3 [section 29 of the Code of criminal Procedure, 1973 (2 of 1974)],it shall be lawful for any 4[Judicial Magistrate of the first clause or for any Metropolitan Magistrate] topass a sentence of imprisonment for a term exceeding two years or of fineexceeding two thousand rupees on any person convicted of an offence punishableunder this Acts.
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1. Substituted for the originalSub-section (1) by the Water (Prevention and Control of Pollution) AmendmentAct, 1988 (53 of 1988) Section 26 (a).
2. Sub-section (2) renumberedas sub-section (3) and new sub-section (2) inserted by the Water (Preventionand Control of Pollution) Amendment Act, 1988 (53 of 1988) Section 26 (b).
3. Substituted for the words"section 32 of the Code of Criminal Procedure, 1898 (5 of 1898) by theWater (Prevention and Control of Pollution) Amendment Act, 1978 (44 of 1978)Section 19 (b) (i).
4. Substituted for the words"Magistrate of the first class or for any Presidency Magistrate"
50.Members, officers andservants of Board to be public servants: All members, officers and servants of a Board whenacting or purporting to act in pursuance of any of the provisions of this Actand the rules made thereunder shall be deemed to be public servants within themeaning of section 21 of the Indian Penal Code.
CHAPTER VII
MISCELLANEOUS
51.Central water laboratory: (1) The Central Governmentmay, by notification in the official Gazette, ––
(a) establish a Central WaterLaboratory; or
(b) specify any laboratory orinstitute as a Central Water Laboratory, to carry out the functions entrustedto 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 theCentral Water Laboratory;
(b) the procedure forsubmission to the said laboratory of samples of water or of sewage or tradeeffluent for analysis or tests, the form of the laboratory’s report thereunderand the fees payable in respect of such report;
(b) such other matters as may benecessary 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 WaterLaboratory; or
(b) specify any laboratory or instituteas a State Water Laboratory, to carry out the function entrusted to the State
Water Laboratory under thisAct.
(2) The State Government may,after consultation with the State Board, make rules prescribing –
(a) the function of the StateWater Laboratory;
(b) the procedure for thesubmission to the said laboratory of samples of water or of sewage or tradeeffluent for
analysis or tests, the form ofthe laboratory’s report thereon and the fees payable in respect of such report;
(c) such other matters as maybe 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 fitand having the prescribed qualification to be Government analysts for thepurpose of analysis of samples of water or of sewage or trade effluent sent foranalysis to any laboratory established or specified under sun–section(1) of section 51.
(2) The State Government may,by notification in the Official Gazette, appoint such persons as it thinks fitand having the prescribed qualification to be Government analysts for thepurpose of analysis of samples of water or of sewage or trade effluent sent foranalysis to any laboratory established or specified under sub–section(1) of 52.
(3) Without prejudice to theprovisions of sub–section (3) of section 12, the Central Board or, asthe 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 thecase may be, appoint such persons as it thinks fit and having the prescribedqualification to be Board analysts for the purpose of analysis of samples ofwater or of sewage or trade effluent sent for analysis to any laboratoryestablished or recognised under section 16, or, as the case may be, undersection 17.
54.Reports of analysts: Any document purporting to be areport signed by a Government analyst or, as the case may be, a Board analystmay be used as evidence of the facts stated therein in any proceeding underthis Act.
55.Local authorities to assist: All local authorities shallrender such help and assistance and furnish such information to the Board as itmay require for the discharge of its functions, and shall make available to theBoard for inspection and examination such records, maps, plans and otherdocuments as may be necessary for the discharge of its functions.
56.Compulsory acquisition ofland for the State Board: Any land required by a State Board for the efficient performanceof its functions under this Act shall be deemed to be needed for a publicpurpose and such land shall be acquired for the State Board under theprovisions of the Land Acquisition Act, 1894, (1 of 1894) or under any other correspondinglaw for the time being in force.
57.Returns and reports: The Central Board shall furnishto the Central Government, and a State Board shall furnish to the StateGovernment and to the Central Government Board such reports, returns,statistics, accounts and other information with respect to its fund oractivities 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 havejurisdiction to entertain any suit or proceeding in respect of any matter whichan appellate authority constituted under this Act is empowered by or under thisAct to determine, and no injunction shall be granted by any court or otherauthority in respect of any action taken or to be taken in pursuance of anypower conferred by or under this Act.
59.Protection of action takenin good faith: No suitor other legal proceedings shall lie against the Government or any officer ofGovernment or any member or officer of a Board in respect of anything which isin good faith done or intended to be done in pursuance of this Act or the rulesmade thereunder.
60.Over-riding effect: The provisions of this Actshall have effect notwithstanding anything inconsistent therewith contained inany enactment other than this Act.
61.Power of Central Governmentto supersede the Central Board and Joint Boards: (1) If at any time the Central Government is ofopinion–
(a) that the Central Board orany Joint Board has persistently made default in the performance of thefunctions imposed on it by or under this Act; or
(b) that circumstances existwhich render it necessary in the public interest so to do,
the Central Government may, bynotification in the Official Gazette, supersede the Central Board or such JointBoard, as the case may be, for such period, not exceeding one year, as may bespecified in the notification:
Provided that before issuing anotification under this sub–section for the reasons mentioned in clause(a), the Central Government shall give a reasonable opportunity to the CentralBoard or such Joint Board, as the case may be, to show cause why it should notbe supersede and shall consider the explanations and objections, if any, of theCentral Board or such Joint Board, as the case may be.
(2) Upon the publication of anotification under sub–section (1) superseding the Central Board or anyJoint Board, –
(a) all the members shall, asfrom the date of supersession vacate their offices as such;
(b) all the powers, functionsand duties which may, by or under this Act, be exercised, performed ordischarged by the Central Board or such Joint Board shall, until the CentralBoard 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 theCentral Government.
(c) all the property owned orcontrolled by the Central Board or such Joint Board shall, until the CentralBoard 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 theperiod of supersession specified in the notification issued under sub–section(1), the Central Government may–
(a) extend the period ofsupersession for such further term, not exceeding six months, as it may considernecessary; or
(b) reconstitute the CentralBoard or the Joint Board, as the case may be, by fresh nomination orappointment, as the case may be, and in such case any person who vacated hisoffice under clause(a) of sub–section 2 shall not be deemed disqualifiedfor nomination or appointment:
Provide the Central Governmentmay at any time before the expiration of the period of supersession, whetheroriginally specified under sub–section (1) or as extended under this sub–section,take action under clause (b) of this sub–section.
62.Power of the StateGovernment to supersede the State Board: (1) If at any time the State Government is ofopinion–
(a) that the State Board haspersistently made default in the performance of functions imposed on it by orunder this
Act; or
(b) that circumstances existwhich render it necessary in the public interest so to do.
The State Government may,notification in the Official Gazette, supersede the State Board for suchperiod, not exceeding one year, as may be specified in the notification:
Provided that before issuing anotification under this sub–section for the reasons mentioned in clause(a), the State Government shall give a reasonable opportunity to the StateBoard to show cause why it should not be superseded and shall consider theexplanations and objections, if any, of the State Board.
(2) Upon the publication of anotification under sub–section (1) superseding the State Board, theprovisions of sub–sections (2) and (3) of section 61 shall apply inrelation to the supersession of the State Board as they apply in relation tothe supersession of the Central Board or a Joint Board by the CentralGovernment.
63.Power of Central Governmentto make rules: (1) TheCentral Government may, simultaneously with the constitution of the CentralBoard, make rules in respect of the matters specified in sub–section(2):
Provided that when the CentralBoard has been constituted, no such rule shall be made, varied, amended orrepealed without consulting the Board.
(2) In particular, and withoutprejudice to the generality of the foregoing power, such rules may provide forall or any of the following matters, namely: –
(a) the terms and conditions ofservice of the members (other than the chairman and member– secretary)of the
Central Board under sub–section(8) of section 5;
(b) the intervals and the timeand 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 thequorum necessary for the transaction of the business under section 8, and undersub–section (2) of section 9;
(c) the fees and allowances tobe 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 andthe purposes for which persons may be associated with the Central Board undersub–section (1) of section 10 and the fees and allowances a payable tosuch persons;]
(e) the terms and conditions ofservice of the chairman and the member–secretary of the Central Boardunder
sub–section (9) ofsection 5 and under sub–section (1) of section 12;
(f) conditions subject to whicha person may be appointed as a consulting engineer to the Central Board under
sub–section (4) ofsection 4.
(g) the powers and duties to beexercised and performed by the chairman and the member–secretary of theCentral Board.
(h) 2 [*]
(i) 2 [*]
(j) the form of the report ofthe Central Board analyst under sub–section (1) of section 22;
(k) the form of the report ofthe Government analyst under sub–section (3) of section 22;
3 [(l) the form in which and thetime within which the budget of the Central Board may be prepared and forwardedto the Central Government under section 38;
(ll) the form in which theannual report of the Central Board may be prepared under section 39;]
(m) the form in which theaccounts of the Central Board may be maintained under section 40;
4 [(mm) the manner in whichnotice of intention to make a complaint shall be given to the Central Board orofficer authorised by it under section 49;]
(n) any other matter relatingto the Central Board, including the powers and functions of that Board inrelation
to Union territories;
(o) any other matter which hasto be, or may be, prescribed.
(3) Every rule made by theCentral Government under this Act shall be laid, as soon as may be after it ismade, before each House of Parliament while it is in session for a total periodof thirty days which may be comprised in one session or in two or moresuccessive sessions, and if, 5 [beforethe expiry of the session immediately following the session or the successivesessions aforesaid], both Houses agree in making any modification in the ruleor both Houses agree that the rule should not be made, the rule shallthereafter have effect only in such modified form or be of no effect, as thecase may be; So however that any such modification or annulmentshall be without prejudice to the validity of anything previously done underthat rule.
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1. Substituted for the originalsub-clause (d) by the Water (Prevention and Control of Pollution) AmendmentAct, 1978 (44 of 1978) Section 20 (a) (i).
2. Clause (h) and (i) omittedby the Water (Prevention and Control of Pollution) Amendment Act, 1978 (44 of1978) Section 20 (a) (ii).
3. Clauses (l) and (ll)substituted for the original clause (l) by the Water (Prevention and Control ofPollution) Amendment Act, 1988 (53 of 1988) Section 3 (b).
4. Clause (m) inserted by theWater (Prevention and Control of Pollution) Amendment Act, 1988 (53 of 1988)Section 27 (b).
5. Substituted for the words"before the expiry of the session in which it is so laid or the successivesessions aforesaid" by the Water (Prevention and Control of Pollution)Amendment Act, 1978 (44 of 1978) Section 20 (b).
64.Power of State Government tomake rules: (1) TheState Government may, simultaneously with the constitution of the State board,make rules to carry out the purposes of this Act in respect of matters notfalling within the purview of section 63:
Provided that when, the StateBoard has been constituted, no such rule shall be made, varied, amended orrepealed without consulting that Board.
(2) In particular, and withoutprejudice to the generality of the foregoing power, such rules may provide forall of the following matters, namely: –
(a) the terms and conditions ofservice of the members (other than the chairman and the member–secretary)of the State Board under sub–section (8) of section 5.
(b) the time and place ofmeetings of the State Board or of any committee of that Board constituted underthis Act and the procedure to be followed at such meeting, including the quorumnecessary for the transaction of business under section 8 and under sub–section(2) of section 9;
(c) the fees and allowances tobe paid to such members of a committee of the State Board as are not members ofthe Board under sub–section (3) of section 9;
(d) the manner in which and thepurposes for which persons may be associated with the State Board under sub–section(1) of section (10) 1 [and thefees and allowances payable to such persons];
(e) the terms and conditions ofservice of the chairman and the member–secretary of the State Boardunder sub–section (9) of section 5 and sub–section (1) of section12;
(f) the conditions subject towhich a person may be appointed as a consulting engineer to the State Boardunder sub–section (4) of section 12;
(g) the powers and duties to beexercised and discharged by the chairman and the member–secretary of theState Board;
(h) the form of the noticereferred to in section 21;
(i) the form of the report ofthe State Board analyst under sub–section (1) of section22;
(j) the form of the report ofthe Government analyst under sub–section (3) of section 22;
(k) the form of application forthe consent of the State Board under sub–section (2) of section 25, andthe particulars it may contain;
(l) the manner in which inquiryunder sub–section (3) of section 25 may be made in respect of anapplication for obtaining consent of the State Board and the matters to betaken into account in granting or refusing such consent;
(m) the form and manner inwhich appeals may be filed, the fees payable in respect of such appeals and theprocedure to be followed by the appellate authority in disposing of the appealsunder sub–section (3) of section 23;
2 [(n) the form in which and thetime within which the budget of the State Board may be prepared and forwardedto the State Government under section 38;
(nn) the form in which theannual report of the State Board may be prepared under section 39;]
(o) the form in which theaccounts off the State Board may be maintained under sub–section (1) ofsection 40;
3 [(oo) the manner in whichnotice of intention to make a complaint shall be given to the State Board orofficer authorised by it under section 49;]
(p) any other matter which hasto be, or may be, prescribed.
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1. Inserted by the Water(Prevention and Control of Pollution) Amendment Act, 1978 (44 of 1978) Section21.
2. Clauses (n) and (nn)substituted for the original clause (n) by the Water (Prevention andControl of Pollution) Amendment Act, 1988 (53 of 1988) Section 28 (a).
3.Clause (oo) inserted by the Water (Prevention and Control of Pollution)Amendment Act, 1988 (53 of 1988) Section 28 (b).
