ACT NO. 6 OF 1974
[23rd March, 1974.]
An Act to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water, for the establishment, with a view to carrying out the purposes aforesaid, of Boards for the prevention and control of water pollution, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith. WHEREAS it is expedient to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water, for the establishment, with a view to carrying out the purposes aforesaid, of Boards for the prevention and control of water pollution and for conferring on and assigning to such Boards powers and functions relating thereto; AND WHEREAS Parliament has no power to make laws for the States with respect to any of the matters aforesaid except as provided in articles 249 and 250 of the Constitution; AND WHEREAS in pursuance of clause (1) of article 252 of the Constitution resolutions have been passed by all the Houses of the Legislatures of the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal to the effect that the matters aforesaid should be regulated in those States by Parliament by law. BE it enacted by Parliament in the Twenty-fifth Year of the Republic of India as follows:—
ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY SECTIONS 1. Short title, application and commencement. 2. Definitions. CHAPTER II THE CENTRAL AND STATE BOARDS FOR PREVENTION AND CONTROL OF WATER POLLUTION 3. Constitution of Central Boards. 4. Constitution of State Board. 5. Terms and conditions of service of members. 6. Disqualifications. 7. Vacation of seats by members. 8. Meetings of Board. 9. Constitution of committees. 10. Temporary association of persons with Board for particular purposes. 11. Vacancy in Board not to invalidate acts or proceedings. 11A. Delegation of powers to Chairman. 12. Member-secretary and officers and other employees of Board. CHAPTER III JOINT BOARDS 13. Constitution of Joint Board. 14. Composition of Joint Boards. 15. Special provision relating to giving of directions. CHAPTER IV POWERS AND FUNCTIONS OF BOARDS 16. Functions of Central Board. 17. Functions of State Board. 18. Powers to give directions. CHAPTER V PREVENTION AND CONTROL OF WATER POLLUTION 19. Power of State Government to restrict the application of the Act to certain areas. 20. Power to obtain information. 21. Power to take samples of effluents and procedure to be followed in connection therewith. SECTIONS 22. Reports of the result of analysis on samples taken under section 21. 23. Power of entry and inspection. 24. Prohibition on use of stream or well for disposal of polluting matter, etc. 25. Restrictions on new outlets and new discharges. 26. Provision regarding existing discharge of sewage or trade effluent. 27. Refusal or withdrawal of consent by State Board. 27A. Power to issue guidelines. 28. Appeals. 29. Revision. 30. Power of State Board to carry out certain works. 31. Furnishing of information to State Board and other agencies in certain cases. 32. Emergency measures in case of pollution of stream or well. 33. Power of Board to make application to courts for restraining apprehended pollution of water in streams or wells. 33A. Power to give directions. 33B. Appeal to National Green Tribunal. CHAPTER VI FUNDS, ACCOUNTS AND AUDIT 34. Contributions by Central Government. 35. Contributions by State Government. 36. Fund of Central Board. 37. Fund of State Board. 37A. Borrowing powers of Board. 38. Budget. 39. Annual report. 40. Accounts and audit. CHAPTER VII PENALTIES AND PROCEDURE 41. Failure to comply provisions of section 20 or directions issued thereunder. 41A. Failure to comply with provisions of section 32, or directions issued under section 33 or section 33A. 42. Penalty for certain acts. 43. Penalty for contravention of provisions of section 24. 44. Penalty for contravention of section 25 or section 26. 45. [Omitted.] 45A. Penalty for contravention of certain provisions of the Act. 45B. Adjudicating officer. SECTIONS 45C. Appeal. 45D. Penalty amount to be credited to Environmental Protection Fund. 45E. Offences for failure to comply with provisions of section 25 or 26 and for failure to pay penalty. 46. Publication of names of offenders. 47. [Omitted.] 48. Penalty for contravention by Government Department. 49. Cognizance of offences. 50. Members, officers and servants of Board to be public servants. CHAPTER VIII MISCELLANEOUS 51. Central Water Laboratory. 52. State Water Laboratory. 53. Analysts. 54. Reports of analysts. 55. Local authorities to assist. 56. Compulsory acquisition of land for the State Board. 57. Returns and reports. 58. Bar of jurisdiction. 59. Protection of action taken in good faith. 60. Overriding effect. 61. Power of Central Government to supersede the Central Board and Joint Boards. 62. Power of State Government to supersede State Board. 63. Power of Central Government to make rules. 64. Power of State Government to make rules.
PRELIMINARY
(a) “Board” means the Central Board or a State Board; 1[(b) “Central Board” means the Central Pollution Control Board constituted under section 3;] (c) “member” means a member of a Board and includes the chairman thereof; 2[(d) “occupier”, in relation to any factory or premises, means the person who has control over the affairs of the factory or the premises, and includes, in relation to any substance, the person in possession of the substance;]
1[(dd) "outlet" includes any conduit pipe or channel, open or closed, carrying sewage or trade effluent or any other holding arrangement which causes, or is likely to cause, pollution;] (e) "pollution" means such contamination of water or such alteration of the physical, chemical or biological properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water (whether directly or indirectly) as may, or is likely to, create a nuisance or render such water harmful or injurious to public health or safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plants or of aquatic organisms; (f) "prescribed" means prescribed by rules made under this Act by the Central Government or, as the case may be, the State Government; (g) "sewage effluent" means effluent from any sewerage system or sewage disposal works and includes sullage from open drains; 1[(gg) "sewer" means any conduit pipe or channel, open or closed, carrying sewage or trade effluent;] 2[(h) "State Board" means a State Pollution Control Board constituted under section 4;] (i) "State Government" in relation to a Union territory means the Administrator thereof appointed under article 239 of the Constitution; (j) "stream" includes— (i) river; (ii) water course (whether flowing or for the time being dry); (iii) inland water (whether natural or artificial); (iv) sub-terranean waters; (v) sea or tidal waters to such extent or, as the case may be, to such point as the State Government may, by notification in the Official Gazette, specify in this behalf; (j) "trade effluent" includes any liquid, gaseous or solid substance which is discharged from any premises used for carrying on any 3[industry, operation or process, or treatment and disposal system], other than domestic sewage.
THE CENTRAL AND STATE BOARDS FOR PREVENTION AND CONTROL OF WATER POLLUTION
(a) a full-time chairman, being a person having special knowledge or practical experience in respect of 5[matters relating to environmental protection] or a person having knowledge and experience in administering institutions dealing with the matters aforesaid, to be nominated by the Central Government;
(b) [such number of officials, not exceeding five,] to be nominated by the Central Government to represent that Government; (c) such number of persons, not exceeding five, to be nominated by the Central Government, from amongst the members of the State Boards, of whom not exceeding two shall be from those referred to in clause (c) of sub-section (2) of section 4; (d) [such number of non-officials, not exceeding three,] to be nominated by the Central Government, to represent the interests of agriculture, fishery or industry or trade or any other interest which, in the opinion of the Central Government, ought to be represented; (e) two persons to represent the companies or corporations owned, controlled or managed by the Central Government, to be nominated by that Government; [(f) a full-time member-secretary, possessing qualifications, knowledge and experience of scientific, engineering or management aspects of pollution control, to be appointed by the Central Government.]
(a) a **** chairman, being a person having special knowledge or practical experience in respect of [matters relating to environmental protection] or a person having knowledge and experience in administering institutions dealing with the matters aforesaid, to be nominated by the State Government [in such manner as may be prescribed by the Central Government]: [Provided that the chairman may be either whole-time or part-time as the State Government may think fit;] (b) [such number of officials, not exceeding five,] to be nominated by the State Government to represent that Government; (c) [such number of persons, not exceeding five,] to be nominated by the State Government from amongst the members of the local authorities functioning within the State; (d) [such number of non-officials, not exceeding three,] to be nominated by the State Government to represent the interests of agriculture, fishery or industry or trade or any other interest which, in the opinion of the State Government, ought to be represented; (e) two persons to represent the companies or corporations owned, controlled or managed by the State Government, to be nominated by that Government; --- 1[(f) a full-time member-secretary, possessing qualifications, knowledge and experience of scientific, engineering or management aspects of pollution control, to be appointed by the State Government.]
Provided that in relation to any Union territory the Central Board may delegate all or any of its powers and functions under this sub-section to such person or body of persons as the Central Government may specify.
Provided that a member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. 2[(2) The term of office of a member of a Board nominated under clause (b) or clause (e) of sub-section (2) of section 3 or clause (b) or clause (e) of sub-section (2) of section 4 shall come to an end as soon as he ceases to hold the office under the Central Government or the State Government or, as the case may be, the company or corporation owned, controlled or managed by the Central Government or the State Government, by virtue of which he was nominated.]
(a) in the case of the chairman to the Central Government or, as the case may be, the State Government; and (b) in any other case, to the chairman of the Board, and the seat of the chairman or such other member shall thereupon become vacant.
(a) is, or at any time has been adjudged insolvent or has suspended payment of his debts or has compounded with his creditors, or (b) is of unsound mind and stands so declared by a competent court, or (c) is, or has been, convicted of an offence which, in the opinion of the Central Government or, as the case may be, of the State Government, involves moral turpitude, or (d) is, or at any time has been, convicted of an offence under this Act, or (e) has directly or indirectly by himself or by any partner, any share or interest in any firm or company carrying on the business of manufacture, sale or hire of machinery, plant, equipment, apparatus or fittings for the treatment of sewage or trade effluents, or (f) is a director or a secretary, manager or other salaried officer or employee of any company or firm having any contract with the Board, or with the Government constituting the Board, or with a local authority in the State, or with a company or corporation owned, controlled or managed by the Government, for the carrying out of sewerage schemes or for the installation of plants for the treatment of sewage or trade effluents, or (g) has so abused, in the opinion of the Central Government or as the case may be, of the State Government, his position as a member, as to render his continuance on the Board detrimental to the interest of the general public.
Provided that if, in the opinion of the chairman, any business of an urgent nature is to be transacted, he may convene a meeting of the Board at such time as he thinks fit for the aforesaid purpose.
1[(3) A person associated with the Board under sub-section (1) for any purpose shall be paid such fees and allowances, for attending its meetings and for attending to any other work of the Board, as may be prescribed.]
2[11A. Delegation of powers to Chairman.—The Chairman of a Board shall exercise such powers and perform such duties as may be prescribed or as may, from time to time, be delegated to him by the Board.]
4[(3A) The method of recruitment and the terms and conditions of service (including the scales of pay) of the officers (other than the member-secretary) and other employees of the Central Board or a State Board shall be such as may be determined by regulations made by the Central Board or, as the case may be, by the State Board: Provided that no regulation made under this sub-section shall take effect unless,— (a) in the case of a regulation made by the Central Board, it is approved by the Central Government; and (b) in the case of a regulation made by a State Board, it is approved by the State Government.] 5[(3B) The Board may, by general or special order, and subject to such conditions and limitations, if any, as may be specified in the order delegate to any officer of the Board such of its powers and functions under this Act as it may deem necessary.]
JOINT BOARDS
(a) by two or more Governments of contiguous States, or (b) by the Central Government (in respect of one or more Union territories) and one or more Governments of States contiguous to such Union territory or Union territories, ---
to be in force for such period and to be subject to renewal for such further period, if any, as may be specified in the agreement to provide for the constitution of a Joint Board,— (i) in a case referred to in clause (a), for all the participating States, and (ii) in a case referred to in clause (b), for the participating Union territory or Union territories and the State or States.
(a) provide, in a case referred to in clause (a) of sub-section (1), for the apportionment between the participating States and in a case referred to in clause (b) of that sub-section, for the apportionments between the Central Government and the participating State Government or State Governments, of the expenditure in connection with the Joint Board; (b) determine, in a case referred to in clause (a) of sub-section (1), which of the participating State Governments and in a case referred to in clause (b) of that sub-section, whether the Central Government or the participating State Government (if there are more than one participating State, also which of the participating State Governments) shall exercise and perform the several powers and functions of the State Government under this Act and the references in this Act to the State Government shall be construed accordingly; (c) provide for consultation, in a case referred to in clause (a) of sub-section (1), between the participating State Governments and in a case referred to in clause (b) of that sub-section, between the Central Government and the participating State Government or State Governments either generally or with reference to particular matters arising under this Act; (d) make such incidental and ancillary provisions, not inconsistent with this Act, as may be deemed necessary or expedient for giving effect to the agreement.
(a) a full-time chairman, being a person having special knowledge or practical experience in respect of 1*[matters relating to environmental protection] or a person having knowledge and experience in administering institutions dealing with the matters aforesaid, to be nominated by the Central Government; (b) two officials from each of the participating States to be nominated by the concerned participating State Government to represent that Government; (c) one person to be nominated by each of the participating State Governments from amongst the members of the local authorities functioning within the State concerned; (d) one non-official to be nominated by each of the participating State Governments to represent the interests of agriculture, fishery or industry or trade in the State concerned or any other interest which, in the opinion of the participating State Government, is to be represented; (e) two persons to be nominated by the Central Government to represent the companies or corporations owned, controlled or managed by the participating State Governments; 2[(f) a full-time member-secretary, possessing qualifications, knowledge and experience of scientific, engineering or management aspects of pollution control, to be appointed by the Central Government.]
(a) a full-time chairman, being a person having special knowledge or practical experience in respect of 1*[matters relating to environmental protection] or a person having knowledge and experience in administering institutions dealing with the matters aforesaid, to be nominated by the Central Government; (b) two officials to be nominated by the Central Government from the participating Union territory or each of the participating Union territories, as the case may be, and two officials to be nominated, from the participating State or each of the participating States, as the case may be, by the concerned participating State Government; (c) one person to be nominated by the Central Government from amongst the members of the local authorities functioning within the participating Union territory or each of the participating Union territories, as the case may be, and one person to be nominated, from amongst the members of the local authorities functioning within the participating State or each of the participating States, as the case may be, by the concerned participating State Government; (d) one non-official to be nominated by the Central Government and one person to be nominated by the participating State Government or State Governments to represent the interests of agriculture, fishery or industry or trade in the Union territory or in each of the Union territories or the State or in each of the States, as the case may be, or any other interest which in the opinion of the Central Government or, as the case may be, of the State Government is to be represented; (e) two persons to be nominated by the Central Government to represent the companies or corporations owned, controlled or managed by the Central Government and situate in the participating Union territory or territories and two persons to be nominated by the Central Government to represent the companies or corporations owned, controlled or managed by the participating State Governments; 2[(f) a full-time member-secretary, possessing qualifications, knowledge and experience of scientific, engineering or management aspects of pollution control, to be appointed by the Central Government.]
(a) the Government of the State for which the Joint Board is constituted shall be competent to give any direction under this Act only in cases where such direction relates to a matter within the exclusive territorial jurisdiction of the State; (b) the Central Government alone shall be competent to give any direction under this Act where such direction relates to a matter within the territorial jurisdiction of two or more States or pertaining to a Union territory.
POWERS AND FUNCTIONS OF BOARDS
(a) advise the Central Government on any matter concerning the prevention and control of water pollution; (b) co-ordinate the activities of the State Boards and resolve disputes among them; (c) provide technical assistance and guidance to the State Boards, carry out and sponsor investigations and research relating to problems of water pollution and prevention, control or abatement of water pollution; (d) plan and organise the training of persons engaged or to be engaged in programmes for the prevention, control or abatement of water pollution on such terms and conditions as the Central Board may specify; (e) organise through mass media a comprehensive programme regarding the prevention and control of water pollution; 1[(ee) perform such of the functions of any State Board as may be specified in an order made under sub-section (2) of section 18;] (f) collect, compile and publish technical and statistical data relating to water pollution and the measures devised for its effective prevention and control and prepare manuals, codes or guides relating to treatment and disposal of sewage and trade effluents and disseminate information connected therewith; (g) lay down, modify or annul, in consultation with the State Government concerned, the standards for a stream or well: Provided that different standards may be laid down for the same stream or well or for different streams or wells, having regard to the quality of water, flow characteristics of the stream or well and the nature of the use of the water in such stream or well or streams or wells; (h) plan and cause to be executed a nation-wide programme for the prevention, control or abatement of water pollution; (i) perform such other functions as may be prescribed.
(a) to plan a comprehensive programme for the prevention, control or abatement of pollution of streams and wells in the State and to secure the execution thereof; (b) to advise the State Government on any matter concerning the prevention, control or abatement of water pollution; (c) to collect and disseminate information relating to water pollution and the prevention, control or abatement thereof;
(a) to encourage, conduct and participate investigations and research relating to problems of water pollution and prevention, control or abatement of water pollution; (e) to collaborate with the Central Board in organising the training of persons engaged or to be engaged in programmes relating to prevention, control or abatement of water pollution and to organise mass education programmes relating thereto; (f) to inspect sewage or trade effluents, works and plants for the treatment of sewage and trade effluents and to review plans, specifications or other data relating to plants set up for the treatment of water, works for the purification thereof and the system for the disposal of sewage or trade effluents or in connection with the grant of any consent as required by this Act; (g) to lay down, modify or annul effluent standards for the sewage and trade effluents and for the quality of receiving waters (not being water in an inter-State stream) resulting from the discharge of effluents and to classify waters of the State; (h) to evolve economical and reliable methods of treatment of sewage and trade effluents, having regard to the peculiar conditions of soils, climate and water resources of different regions and more especially the prevailing flow characteristics of water in streams and wells which render it impossible to attain even the minimum degree of dilution; (i) to evolve methods of utilisation of sewage and suitable trade effluents in agriculture; (j) to evolve efficient methods of disposal of sewage and trade effluents on land, as are necessary on account of the predominant conditions of scant stream flows that do not provide for major part of the year the minimum degree of dilution; (k) to lay down standards of treatment of sewage and trade effluents to be discharged into any particular stream taking into account the minimum fair weather dilution available in that stream and the tolerance limits of pollution permissible in the water of the stream, after the discharge of such effluents; (l) to make, vary or revoke any order— (i) for the prevention, control or abatement of discharges of waste into streams or wells; (ii) requiring any person concerned to construct new systems for the disposal of sewage and trade effluents or to modify, alter or extend any such existing system or to adopt such remedial measures as are necessary to prevent, control or abate water pollution; (m) to lay down effluent standards to be complied with by persons while causing discharge of sewage or sullage or both and to lay down, modify or annul effluent standards for the sewage and trade effluents; (n) to advise the State Government with respect to the location of any industry the carrying on of which is likely to pollute a stream or well; (o) to perform such other functions as may be prescribed or as may, from time to time, be entrusted to it by the Central Board or the State Government.
(a) the Central Board shall be bound by such directions in writing as the Central Government may give to it; and (b) every State Board shall be bound by such directions in writing as the Central Board or the State Government may give to it: Provided that where a direction given by the State Government is inconsistent with the direction given by the Central Board, the matter shall be referred to the Central Government for its decision. ¹(2) Where the Central Government is of the opinion that any State Board has defaulted in complying with any directions given by the Central Board under sub-section (1) and as a result of such default a grave emergency has arisen and it is necessary or expedient so to do in the public interest, it may, by order, direct the Central Board to perform any of the functions of the State Board in relation to such area, for such period and for such purposes, as may be specified in the order.
PREVENTION AND CONTROL OF WATER POLLUTION
(a) alter any water pollution, prevention and control area whether by way of extension or reduction; or (b) define a new water pollution, prevention and control area in which may be merged one or more water pollution, prevention and control areas, or any part or parts thereof.
¹ Ins. by Act 53 of 1988, s. 9 (w.e.f. 29-9-1988).
(a) serve on the person in charge of, or having control over, the plant or vessel or in occupation of the place (which person is hereinafter referred to as the occupier) or any agent of such occupier, a notice, then and there in such form as may be prescribed of his intention to have it so analysed; (b) in the presence of the occupier or his agent, divide the sample into two parts; (c) cause each part to be placed in a container which shall be marked and sealed and shall also be signed both by the person taking the sample and the occupier or his agent; (d) send one container forthwith,— (i) in a case where such sample is taken from any area situated in a Union territory, to the laboratory established or recognised by the Central Board under section 16; and (ii) in any other case, to the laboratory established or recognised by the State Board under section 17; (e) on the request of the occupier or his agent, send the second container,— (i) in a case where such sample is taken from any area situated in a Union territory, to the laboratory established or specified under sub-section (1) of section 51; and (ii) in any other case, to the laboratory established or specified under sub-section (1) of section 52. 2[(4) When a sample of any sewage or trade effluent is taken for analysis under sub-section (1) and the person taking the sample serves on the occupier or his agent, a notice under clause (a) of sub-section (3) and the occupier or his agent wilfully absents himself, then,— (a) the sample so taken shall be placed in a container which shall be marked and sealed and shall also be signed by the person taking the sample and the same shall be sent forthwith by such person for analysis to the laboratory referred to in sub-clause (i) or sub-clause (ii), as the case may be, of clause (e) of sub-section (3) and such person shall inform the Government analyst appointed under sub-section (1) or sub-section (2), as the case may be, of section 53, in writing about the wilful absence of the occupier or his agent; and (b) the cost incurred in getting such sample analysed shall be payable by the occupier or his agent and in case of default of such payment, the same shall be recoverable from the occupier or his agent, as the case may be, as an arrear of land revenue or public demand.]
Provided that no such recovery shall be made unless the occupier or, as the case may be, his agent has been given a reasonable opportunity of being heard in the matter.]
(a) for the purpose of performing any of the functions of the Board entrusted to him; (b) for the purpose of determining whether and if so in what manner, any such functions are to be performed or whether any provisions of this Act or the rules made thereunder of any notice, order, direction or authorisation served, made, given, or granted under this Act is being or has been complied with; (c) for the purpose of examining any plant, record, register, document or any other material object or for conducting a search of any place in which he has reason to believe that an offence under this Act or the rules made thereunder has been or is being or is about to be committed and for seizing any such plant, record, register, document or other material object, if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act or the rules made thereunder: Provided that the right to enter under this sub-section for the inspection of a well shall be exercised only at reasonable hours in a case where such well is situated in any premises used for residential purposes and the water thereof is used exclusively for domestic purposes.
Explanation.—For the purposes of this section, "place" includes vessel.
(a) no person shall knowingly cause or permit any poisonous, noxious or polluting matter determined in accordance with such standards as may be laid down by the State Board to enter (whether directly or indirectly) into any 3[stream or well or sewer or on land]; or (b) no person shall knowingly cause or permit to enter into any stream any other matter which may tend, either directly or in combination with similar matters, to impede the proper flow of the water of the stream in a manner leading or likely to lead to a substantial aggravation of pollution due to other causes or of its consequences.
(a) constructing, improving or maintaining in or across or on the bank or bed of any stream any building, bridge, weir, dam, sluice, dock, pier, drain or sewer or other permanent works which he has a right to construct, improve or maintain; (b) depositing any materials on the bank or in the bed of any stream for the purpose of reclaiming land or for supporting, repairing or protecting the bank or bed of such stream provided such materials are not capable of polluting such stream; (c) putting into any stream any sand or gravel or other natural deposit which has flowed from or been deposited by the current of such stream; (d) causing or permitting, with the consent of the State Board, the deposit accumulated in a well, pond or reservoir to enter into any stream.
(a) establish or take any steps to establish any industry, operation or process, or any treatment and disposal system or any extension or addition thereto, which is likely to discharge sewage or trade effluent into a stream or well or sewer or on land (such discharge being hereafter in this section referred to as discharge of sewage); or (b) bring into use any new or altered outlet for the discharge of sewage; or (c) begin to make any new discharge of sewage: 5[Provided that the Central Government may in consultation with the Central Board, by notification in the Official Gazette, exempt certain categories of industrial plants from the provisions of this sub-section.]] ---
* Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh.
(a) grant its consent referred to in sub-section (1), subject to such conditions as it may impose, being— (i) in cases referred to in clauses (a) and (b) of sub-section (1) of section 25, conditions as to the point of discharge of sewage or as to the use of that outlet or any other outlet for discharge of sewage; (ii) in the case of a new discharge, conditions as to the nature and composition, temperature, volume or rate of discharge of the effluent from the land or premises from which the discharge or new discharge is to be made; and (iii) that the consent will be valid only for such period as may be specified in the order, and any such conditions imposed shall be binding on any person establishing or taking any steps to establish any industry, operation or process, or treatment and disposal system of extension or addition thereto, or using the new or altered outlet, or discharging the effluent from the land or premises aforesaid; or (b) refuse such consent for reasons to be recorded in writing.
(a) the expression "new or altered outlet" means any outlet which is wholly or partly constructed on or after the commencement of this Act or which (whether so constructed or not) is substantially altered after such commencement; (b) the expression "new discharge" means a discharge which is not, as respects to nature and composition, temperature, volume, and rate of discharge of the effluent substantially a continuation of a discharge made within the preceding twelve months (whether by the same or a different outlet), so however that a discharge which is in other respects a continuation of previous discharge made as aforesaid shall not be deemed to be a new discharge by reason of any reduction of the temperature or volume or rate of discharge of the effluent as compared with the previous discharge.
4[(2) A State Board may from time to time review— 5[(a) any condition imposed under section 25 or section 26 and may serve on the person to whom a consent under section 25 or section 26 is granted a notice making any reasonable variation of or revoking any such condition;] (b) the refusal of any consent referred to in sub-section (1) of section 25 or section 26 or the grant of such consent without any condition, and may make such orders as it deemed fit.]
6[27A. Power to issue guidelines.—(1) Notwithstanding anything in this Act, the Central Government in consultation with the Central Board, may, by notification in the Official Gazette, issue guidelines on the matters relating to the grant, refusal or cancellation of consent by any State Board for establishment of any industry, operation or process, or treatment and disposal system or to bringing into use of a new or altered outlet including the mechanism for time-bound disposal of the application made under section 25 or period of validity of such consent.
Provided that the appellate authority may entertain the appeal after the expiry of the said period of thirty days if such authority is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 7[(2) An appellate authority shall consist of a single person or three persons, as the State Government may think fit, to be appointed by that Government.]
(a) where the appeal is in respect of the unreasonableness of any condition imposed, such authority may direct either that the condition shall be treated as annulled or that there shall be substituted for it such condition as appears to it to be reasonable; (b) where the appeal is in respect of the unreasonableness of any variation of a condition, such authority may direct either that the condition shall be treated as continuing in force unvaried or that it shall be varied in such manner as appears to it to be reasonable.
Provided that the State Government shall not pass any order under this sub-section without affording the State Board and the person who may be affected by such order a reasonable opportunity of being heard in the matter.
(a) removing that matter from the 2[stream or well or on land] and disposing of it in such manner as the Board considers appropriate; (b) remedying or mitigating any pollution caused by its presence in the stream or well; (c) issuing orders immediately restraining or prohibiting the person concerned from discharging any poisonous, noxious or polluting matter 3[into the stream or well or on land], or from making insanitary use of the stream or well.
(i) direct the person who is likely to cause or has caused the pollution of the water in the stream or well, to desist from taking such action as is likely to cause pollution or, as the case may be, to remove from such stream or well, such matter, and (ii) authorise the Board, if the direction under clause (i) (being a direction for the removal of any matter from such stream or well) is not complied with by the person to whom such direction is issued, to undertake the removal and disposal of the matter in such manner as may be specified by the court.
5[33A. Power to give directions.—Notwithstanding anything contained in any other law, but subject to the provisions of this Act, and to any directions that the Central Government may give in this behalf, a Board may, in the exercise of its powers and performance of its functions under this Act, issue any directions in writing to any person, officer or authority, and such person, officer or authority shall be bound to comply with such directions. Explanation.—For the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct— (a) the closure, prohibition or regulation of any industry, operation or process; or (b) the stoppage or regulation of supply of electricity, water or any other service.]
33B. Appeal to National Green Tribunal.—Any person aggrieved by,— (a) an order or decision of the appellate authority under section 28, made on or after the commencement of the National Green Tribunal Act, 2010; or (b) an order passed by the State Government under section 29, on or after the commencement of the National Green Tribunal Act, 2010; or (c) directions issued under section 33A by a Board, on or after the commencement of the National Green Tribunal Act, 2010, may file an appeal to the National Green Tribunal established under section 3 of the National Green Tribunal Act, 2010, in accordance with the provisions of that Act.]
FUNDS, ACCOUNTS AND AUDIT
4[37A. Borrowing powers of Board.—A Board may, with the consent of, or in accordance with, the terms of any general or special authority given to it by the Central Government or, as the case may be, the State Government, borrow money from any source by way of loans or issue of bonds, debentures or such other instruments, as it may deem fit, for the performance of all or any of its functions under this Act.]
5[39. Annual report.—(1) The Central Board shall, during each financial year, prepare, in such form as may be prescribed, an annual report giving full account of its activities under this Act during the previous financial year and copies thereof shall be forwarded to the Central Government within four
months from the last date of the previous financial year and that Government shall cause every such report to be laid before both Houses of Parliament within nine months from the last date of the previous financial year.
PENALTIES AND PROCEDURE 1[41. Failure to comply with provisions of section 20 or directions issued thereunder.—(1) Whoever contravenes or does not comply with the directions given under sub-section (2) or sub-section (3) of section 20, within such time as may be specified in the direction, shall, in respect of each such contravention or non-compliance, be liable to pay a penalty which shall not be less than ten thousand rupees, but which may extend to fifteen lakh rupees.
41A. Failure to comply with provisions of section 32, or directions issued under section 33 or section 33A.—(1) Whoever contravenes or does not comply with any order or direction issued under clause (c) of sub-section (1) of section 32 or any direction issued by a court under sub-section (2) of section 33 or any direction issued under section 33A, shall, in respect of each such contravention or noncompliance, be liable to pay the penalty which shall not be less than ten thousand rupees, but which may extend to fifteen lakh rupees.
(a) destroys, pulls down, removes, injures or defaces any pillar, post or stake fixed in the ground or any notice or other matter put up, inscribed or placed, by or under the authority of the Board, or (b) obstructs any person acting under the orders or directions of the Board from exercising his powers and performing his functions under this Act, or (c) damages any works or property belonging to the Board, or (d) fails to furnish to any officer or other employee of the Board any information required by him for the purpose of this Act, or (e) fails to intimate the occurrence of any accident or other unforeseen act or event under section 31 to the Board and other authorities or agencies as required by that section, or (f) in giving any information which he is required to give under this Act, knowingly or wilfully makes a statement which is false in any material particular, or (g) for the purpose of obtaining any consent under section 25 or section 26, knowingly or wilfully makes a statement which is false in any material particular, 1[shall be liable to pay penalty which shall not be less than ten thousand rupees, but which may extend to fifteen lakh rupees.] 2[(2) Where any person continues contravention or non-compliance under sub-section (1), he shall be liable to pay an additional penalty of ten thousand rupees every day during which such contravention continues.] 3[43. Penalty for contravention of provisions of section 24.— Whoever contravenes the provisions of section 24, shall be liable to pay the penalty which shall not be less than ten thousand rupees, but which may extend to fifteen lakh rupees and where such contravention continues, he shall be liable to pay an additional penalty of ten thousand rupees every day during which such contravention continues.
[45. Enhanced penalty after previous conviction.]— Omitted by the Water (Prevention and Control of Pollution Amendment) Act, 2024 (5 of 2024), s. 9 (w.e.f. 15-2-2024). 4[45A. Penalty for contravention of certain provisions of Act.— If any person contravenes any of the provisions of this Act or any order or direction issued thereunder, for which no penalty has been provided for in this Act, shall be liable to pay the penalty which shall not be less than ten thousand rupees, but which may extend to fifteen lakh rupees, and where such contravention continues, he shall be liable to pay an additional penalty which may extend to ten thousand rupees for every day during which such contravention continues. 45B. Adjudicating officer.— (1) The Central Government, for the purposes of determining the penalties under the provisions of this Act shall appoint an officer not below the rank of Joint Secretary to the Government of India or a Secretary to the State Government to be the adjudicating officer, to hold an inquiry and to impose the penalty in the manner, as may be prescribed: Provided that the Central Government may appoint as many adjudicating officers as may be required.
Provided that no such penalty shall be imposed without giving the person concerned an opportunity of being heard in the matter.
45C. Appeal.— (1) Any person aggrieved by the order passed by the adjudicating officer under section 45B may prefer an appeal to the National Green Tribunal established under section 3 of the National Green Tribunal Act, 2010 (19 of 2010).
45D. Penalty amount to be credited to Environmental Protection Fund.—Where an adjudicating officer imposes penalty or additional penalty, as the case may be, under the provisions of this Act, the amount of such penalty shall be credited to the Environmental Protection Fund established under section 16 of the Environment (Protection) Act, 1986 (29 of 1986). 45E. Offences for failure to comply with provisions of section 25 or 26 and for failure to pay penalty.—(1) Whoever fails to comply with the provisions of section 25 or section 26, in respect of each such failure, shall be punishable with imprisonment for a term which shall not be less than one year and six months but which may extend to six years and with fine, and in case the failure continues, with an additional fine which may extend to fifty thousand rupees for every day during which such failure continues after the conviction for the first such failure.
Provided that nothing in this sub-section shall render any such person liable to any punishment provided in sub-section (1) or sub-section (2) or sub-section (3), if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
Explanation.—For the purposes of this section,— (a) “company” includes body corporate, firm, trust, society and any other association of individuals; (b) “director”, includes director of the company, partner of the firm, members of the society or trust or member of any association of individuals, as the case may be.]
[47. Offences by companies.]— Omitted by the Water (Prevention and Control of Pollution Amendment) Act, 2024 (5 of 2024), s. 11, (w.e.f. 15-2-2024). 1[48. Penalty for contravention by Government Department.— (1) Where contravention of any provision of this Act has been committed by any Department of the Central Government or State Government, the Head of the Department shall be liable to pay the penalty equal to one month of his basic salary: Provided that such Head of the Department shall not be liable for such contravention, if he proves that the contravention was committed without his knowledge or instructions or that he exercised all due diligence to prevent such contravention.
Provided that such officer shall not be liable for the contravention, if he proves that he exercised all due diligence to avoid such contravention.]
(a) a Board or any officer authorised in this behalf by it; or 2[(aa) the adjudicating officer or any officer authorised by him in this behalf; or] (b) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Board or officer authorised as aforesaid, and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.] 3[(2) Where a complaint has been made under clause (b) of sub-section (1), the Board shall, on demand by such person, make available the relevant reports in its possession to that person: Provided that the Board may refuse to make any such report available to such person if the same is, in its opinion, against the public interest.] 4[(3) Notwithstanding anything contained in 5[section 29 of the Code of Criminal Procedure, 1973 (2 of 1974)], it shall be lawful for any 7[Judicial Magistrate of the first class or for any Metropolitan Magistrate] to pass a sentence of imprisonment for a term exceeding two years or of fine exceeding two thousand rupees on any person convicted of an offence punishable under this Act.
MISCELLANEOUS
(a) establish a Central Water Laboratory; or (b) specify any laboratory or institute as a Central Water Laboratory, to carry out the functions entrusted to the Central Water Laboratory under this Act.
(a) the functions of the Central Water Laboratory; (b) the procedure for the submission to the said laboratory of samples of water or of sewage or trade effluent for analysis or tests, the form of the laboratory’s report thereunder and the fees payable in respect of such report; (c) such other matters as may be necessary or expedient to enable that laboratory to carry out its functions.
(a) establish a State Water Laboratory; or (b) specify any laboratory or institute as a State Water Laboratory, to carry out the functions entrusted to the State Water Laboratory under this Act.
(a) the functions of the State Water Laboratory; (b) the procedure for the submission to the said laboratory of samples of water or of sewage or trade effluent for analysis or tests, the form of the laboratory’s report thereon and the fees payable in respect of such report; (c) such other matters as may be necessary or expedient to enable that laboratory to carry out its functions.
(a) that the Central Board or any Joint Board has persistently made default in the performance of the functions imposed on it by or under this Act; or (b) that circumstances exist which render it necessary in the public interest so to do, the Central Government may, by notification in the Official Gazette, supersede the Central Board or such Joint Board, as the case may be, for such period, not exceeding one year, as may be specified in the notification: Provided that before issuing a notification under this sub-section for the reasons mentioned in clause (a), the Central Government shall give a reasonable opportunity to the Central Board or such Joint Board, as the case may be, to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the Central Board or such Joint Board, as the case may be.
(a) all the members shall, as from the date of supersession vacate their offices as such; (b) all the powers, functions and duties which may, by or under this Act, be exercised, performed or discharged by the Central Board or such Joint Board shall, until the Central Board or the Joint Board, as the case may be, is reconstituted under sub-section (3) be exercised, performed or discharged by such person or persons as the Central Government may direct; (c) all property owned or controlled by the Central Board or such Joint Board shall, until the Central Board or the Joint Board, as the case may be, is reconstituted under sub-section (3) vest in the Central Government.
(a) extend the period of supersession for such further term, not exceeding six months, as it may consider necessary; or (b) reconstitute the Central Board or the Joint Board, as the case may be, by fresh nomination or appointment, as the case may be, and in such case any person who vacated his office under clause (a) of sub-section (2) shall not be deemed disqualified for nomination or appointment: Provided that the Central Government may at any time before the expiration of the period of supersession, whether originally specified under sub-section (1) or as extended under this sub-section, take action under clause (b) of this sub-section.
(a) that the State Board has persistently made default in the performance of the functions imposed on it by or under this Act; or (b) that circumstances exist which render it necessary in the public interest so to do, the State Government may, by notification in the Official Gazette, supersede the State Board for such period, not exceeding one year, as may be specified in the notification: Provided that before issuing a notification under this sub-section for the reasons mentioned in clause (a), the State Government shall give a reasonable opportunity to the State Board to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the State Board.
Provided that when the Central Board has been constituted, no such rule shall be made, varied, amended or repealed without consulting the Board.
(a) the terms and conditions of service of the members (other than the chairman and member-secretary) of the Central Board under sub-section (8) of section 5; [(aa) the manner of nomination of the chairman of the State Board and the terms and conditions of service of the chairman of the State Board under clause (a) of sub-section (2) of section 4 and under sub-section (9) of section 5;] (b) the intervals and the time and place at which meetings of the Central Board or of any committee thereof constituted under this Act, shall be held and the procedure to be followed at such meetings, including the quorum necessary for the transaction of business under section 8, and under sub-section (2) of section 9; (c) the fees and allowances to be paid to such members of a committee of the Central Board as are not members of the Board under sub-section (3) of section 9; [(d) the manner in which and the purposes for which persons may be associated with the Central Board under sub-section (1) of section 10 and the fees and allowances payable to such persons;] (e) the terms and conditions of service of the chairman and the member-secretary of the Central Board under sub-section (9) of section 5 and under sub-section (1) of section 12; (f) conditions subject to which a person may be appointed as a consulting engineer to the Central Board under sub-section (4) of section 12; (g) the powers and duties to be exercised and performed by the chairman and the member-secretary of the Central Board; [* * * * *] (j) the form of the report of the Central Board analyst under sub-section (1) of section 22;
(h) the form of the report of the Government analyst under sub-section (3) of section 22; 1[(i) the form in which and the time within which the budget of the Central Board may be prepared and forwarded to the Central Government under section 38; (j) the form in which the annual report of the Central Board may be prepared under section 39;] (k) the form in which the accounts of the Central Board may be maintained under section 40; 2[(ka) the manner of holding inquiry and imposing penalties by the adjudicating officer under section 45B;] 3[(l) the manner in which notice of intention to make a complaint shall be given to the Central Board or officer authorised by it under section 49;] (m) any other matter relating to the Central Board, including the powers and functions of that Board in relation to Union territories; (n) any other matter which has to be, or may be, prescribed.
Provided that when the State Board has been constituted, no such rule shall be made, varied, amended or repealed without consulting that Board.
(a) the terms and conditions of service 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 of meetings of the State Board or of any committee of that Board constituted under this Act and the procedure to be followed at such meeting, including the quorum necessary for the transaction of business under section 8 and under sub-section (2) of section 9; (c) the fees and allowances to be paid to such members of a committee of the State Board as are not members of the Board under sub-section (3) of section 9; (d) the manner in which and the purposes for which persons may be associated with the State Board under sub-section (1) of section 10 5[and the fees and allowances payable to such persons]; (e) the terms and conditions of service of 6[the member-secretary of the State Board] under sub-section (1) of section 12; (f) the conditions subject to which a person may be appointed as a consulting engineer to the State Board under sub-section (4) of section 12; (g) the powers and duties to be exercised and discharged by the chairman and the member-secretary of the State Board; ---
(h) the form of the notice referred to in section 21; (i) the form of the report of the State Board analyst under sub-section (1) of section 22; (j) the form of the report of the Government analyst under sub-section (3) of section 22; (k) the form of application for the consent of the State Board under sub-section (2) of section 25, and the particulars it may contain; (l) the manner in which inquiry under sub-section (3) of section 25 may be made in respect of an application for obtaining consent of the State Board and the matters to be taken into account in granting or refusing such consent; (m) the form and manner in which appeals may be filed, the fees payable in respect of such appeals and the procedure to be followed by the appellate authority in disposing of the appeals under sub-section (3) of section 28; 1[(n) the form in which and the time within which the budget of the State Board may be prepared and forwarded to the State Government under section 38; (nn) the form in which the annual report of the State Board may be prepared under section 39;] (o) the form in which the accounts of the State Board may be maintained under sub-section (1) of section 40; 2[(oo) the manner in which notice of intention to make a complaint shall be given to the State Board or officer authorised by it under section 49;] (p) any other matter which has to be, or may be, prescribed.