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The Water (Prevention and Control of Pollution) Act, 1974: Reliminary
The Water (Prevention and Control of Pollution) Act, 1974: Reliminary
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.
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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
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THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974
ACT NO. 6 OF 1974
[23rd March, 1974.]
An Act to provide for the prevention and control of water pollution and the maintaining or
restoring of wholesomeness of water, for the establishment, with a view to carrying out the
purposes aforesaid, of Boards for the prevention and control of water pollution, for
conferring on and assigning to such Boards powers and functions relating thereto and for
matters connected therewith.
WHEREAS it is expedient 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:—
CHAPTER I
PRELIMINARY
1. Short title, application and commencement.—(1) This Act may be called the Water (Prevention
and Control of Pollution) Act, 1974.
(2) It applies in the first instance to the whole of the States of Assam, Bihar, Gujarat, Haryana,
Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West
Bengal and the Union territories; and it shall apply to such other State which adopts this Act by resolution
passed in that behalf under clause (1) of article 252 of the Constitution.
(3) It shall come into force, at once in the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh,
Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal and in the
Union territories, and in any other State which adopts this Act under clause (1) of article 252 of the
Constitution on the date of such adoption and any reference in this Act to the commencement of this Act
shall, in relation to any State or Union territory, mean the date on which this Act comes into force in such
State or Union territory.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “Board” means the Central Board or a State Board;
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[(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;
[(d) “occupier”, in relation to any factory or premises, means the person who has control over the
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affairs of the factory or the premises, and includes, in relation to any substance, the person in
possession of the substance;]
4
[(dd) “outlet” includes any conduit pipe or channel, open or closed, carrying sewage or trade
1
effluent or any other holding arrangement which causes, or is likely to cause, pollution;]
(e) “pollution” means such contamination of water or such alteration of the physical, chemical or
biological properties of water or such discharge of any sewage or trade effluent or of any other liquid,
gaseous or solid substance into water (whether directly or indirectly) as may, or is likely to, create a
nuisance or render such water harmful or injurious to public health or safety, or to domestic,
commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or
plants or of acquatic organisms;
(f) “prescribed” means prescribed by rules made under this Act by the Central Government or, as
the case may be, the State Government;
(g) “sewage effluent” means effluent from any sewerage system or sewage disposal works and
includes sullage from open drains;
[(gg) “sewer” means any conduit pipe or channel, open or closed, carrying sewage or trade
1
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);
(vi) 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.
CHAPTER II
THE CENTRAL AND STATE BOARDS FOR PREVENTION AND CONTROL OF WATER POLLUTION
2. Constitution of Central Boards.—(1) The Central Government shall, with effect from such date
(being a date not later than six months of the commencement of this Act in the States of Assam, Bihar,
Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh,
Rajasthan, Tripura and West Bengal and in the Union territories) as it may, by notification in the Official
Gazette, appoint, constitute a Central Board to be called the 4[Central Pollution Control Board] to exercise
the powers conferred on and perform the functions assigned to that Board under this Act.
(2) The Central Board shall consist of the following members, namely:—
(a) a full-time chairman, being a person having special knowledge or practical experience in
respect of 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;
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(b) 1[such number of officials, not exceeding five,] to be nominated by the Central Government to
represent that Government;
(c) 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) 2[such number of non-officials, not exceeding three,] to be nominated by the Central
Government, to represent the interests of agriculture, fishery or industry or trade or any other interest
which, in the opinion of the Central Government, ought to be represented;
(e) two persons to represent the companies or corporations owned, controlled or managed by the
Central Government, to be nominated by that Government;
3
[(f) a full-time member-secretary, possessing qualifications, knowledge and experience of
scientific, engineering or management aspects of pollution control, to be appointed by the Central
Government.]
(3) The Central Board shall be a body corporate with the name aforesaid having perpetual
succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and
dispose of property and to contract, and may, by the aforesaid name, sue or be sued.
4. Constitution of State Board.—(1) The State Government shall, with effect from such date 4*** as
it may, by notification in the Official Gazette, appoint, constitute a 5[State Pollution Control Board],
under such name as may be specified in the notification, to exercise the powers conferred on and perform
the functions assigned to that Board under this Act.
(2) A State Board shall consist of the following members, namely:—
(a) a 6*** chairman, being a person having special knowledge or practical experience in respect of
7
[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
8
[in such manner as may be prescribed by the central Government]:
9
[Provided that the chairman may be either whole-time or part-time as the State Government may
may think fit;]
(b) 10[such number of officials, not exceeding five,] to be nominated by the State Government to
represent that Government;
(c) 11[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) 12[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;
12. Constitution of Joint Board.—(1) Notwithstanding anything contained in this Act, an agreement
may be entered into—
(a) by two or more Governments of contiguous States, or
(b) by the Central Government (in respect of one or more Union territories) and one or more
Governments of States contiguous to such Union territory or Union territories,
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to be in force for such period and to be subject to renewal for such further period, if any, as may be
specified in the agreement to provide for the constitution of a Joint Board,—
(i) in a case referred to in clause (a), for all the participating States, and
(ii) in a case referred to in clause (b), for the participating Union territory or Union territories and
the State or States.
(2) An agreement under this section may—
(a) provide, in a case referred to in clause (a) of sub-section (1), for the apportionment between the
participating States and in a case referred to in clause (b) of that sub-section, for the apportionments
between the Central Government and the participating State Government or State Governments, of the
expenditure in connection with the Joint Board;
(b) determine, in a case referred to in clause (a) of sub-section (1), which of the participating State
Governments and in a case referred to in clause (b) of that sub-section, whether the Central
Government or the participating State Government (if there are more than one participating State, also
which of the participating State Governments) shall exercise and perform the several powers and
functions of the State Government under this Act and the references in this Act to the State
Government shall be construed accordingly;
(c) provide for consultation, in a case referred to in clause (a) of sub-section (1), between the
participating State Governments and in a case referred to in clause (b) of that sub-section, between the
Central Government and the participating State Government or State Governments either generally or
with reference to particular matters arising under this Act;
(d) make such incidental and ancillary provisions, not inconsistent with this Act, as may be
deemed necessary or expedient for giving effect to the agreement.
(3) An agreement under this section shall be published, in a case referred to in clause (a) of sub-
section (1), in the Official Gazette of the participating States and in a case referred to in cause (b) of that
sub-section, in the Official Gazette of the participating Union territory or Union territories and
participating State or States.
14. Composition of Joint Boards.—(1) A Joint Board constituted in pursuance of an agreement
entered into under clause (a) of sub-section (1) of section 13 shall consist of the following members,
namely:—
(a) a full-time chairman, being a person having special knowledge or practical experience in
respect of 1[matters relating to environmental protection] or a person having knowledge and experience
in administering institutions dealing with the matters aforesaid, to be nominated by the Central
Government;
(b) two officials from each of the participating States to be nominated by the concerned
participating State Government to represent that Government;
(c) one person to be nominated by each of the participating State Governments from amongst the
members of the local authorities functioning within the State concerned;
(d) one non-official to be nominated by each of the participating State Governments to represent
the interests of agriculture, fishery or industry or trade in the State concerned or any other interest
which, in the opinion of the participating State Government, is to be represented;
(e) two persons to be nominated by the Central Government to represent the companies or
corporations owned, controlled or managed by the participating State Governments;
2
[(f) a full-time member-secretary, possessing qualifications, knowledge and experience of
scientific, engineering or management aspects of pollution control, to be appointed by the Central
Government.]
10
(2) A Joint Board constituted in pursuance of an agreement entered into under clause (b) of
sub-section (1) of section 13 shall consist of the following members, namely:—
(a) a full-time chairman, being a person having special knowledge or practical experience in
respect of 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.]
(3) When a Joint Board is constituted in pursuance of an agreement under clause (b) of
sub-section (1) of section 13, the provisions of sub-section (4) of section 4 shall cease to apply in relation
to the Union territory for which the Joint Board is constituted.
(4) Subject to the provisions of sub-section (3), the provisions of sub-section (3) of section 4 and
sections 5 to 12 (inclusive) shall apply in relation to the Joint Board and its member-secretary as they apply
in relation to a State Board and its member-secretary.
(5) Any reference in this Act to the State Board shall, unless the context otherwise requires, be
construed as including a Joint Board.
15. Special provision relating to giving of directions.—Notwithstanding anything contained in this
Act where any Joint Board is constituted under section 13,—
(a) the Government of the State for which the Joint Board is constituted shall be competent to give
any direction under this Act only in cases where such direction relates to a matter within the exclusive
territorial jurisdiction of the State;
(b) the Central Government alone shall be competent to give any direction under this Act where
such direction relates to a matter within the territorial jurisdiction of two or more States or pertaining
to a Union territory.
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CHAPTER IV
POWERS AND FUNCTIONS OF BOARDS
16. Functions of Central Board.—(1) Subject to the provisions of this Act, the main function of the
Central Board shall be to promote cleanliness of streams and wells in different areas of the States.
(2) In particular and without prejudice to the generality of the foregoing function, the Central Board
may perform all or any of the following functions, namely:—
(a) advise the Central Government on any matter concerning the prevention and control of water
pollution;
(b) co-ordinate the activities of the State Boards and resolve disputes among them;
(c) provide technical assistance and guidance to the State Boards, carry out and sponsor
investigations and research relating to problems of water pollution and prevention, control or
abatement of water pollution;
(d) plan and organise the training of persons engaged or to be engaged in programmes for the
prevention, control or abatement of water pollution on such terms and conditions as the Central Board
may specify;
(e) organise through mass media a comprehensive programme regarding the prevention and
control of water pollution;
1
[(ee) perform such of the functions of any State Board as may be specified in an order made under
sub- section (2) of section 18;]
(f) collect, compile and publish technical and statistical data relating to water pollution and the
measures devised for its effective prevention and control and prepare manuals, codes or guides relating
to treatment and disposal of sewage and trade effluents and disseminate information connected
therewith;
(g) lay down, modify or annul, in consultation with the State Government concerned, the
standards for a stream or well:
Provided that different standards may be laid down for the same stream or well or for different
streams or wells, having regard to the quality of water, flow characteristics of the stream or well and
the nature of the use of the water in such stream or well or streams or wells;
(h) plan and cause to be executed a nation-wide programme for the prevention, control or
abatement of water pollution;
(i) perform such other functions as may be prescribed.
(3) The Board may establish or recognise a laboratory or laboratories to enable the Board to perform its
functions under this section efficiently including the analysis of samples of water from any stream or well or
of samples of any sewage or trade effluents.
17. Functions of State Board.—(1) Subject to the provisions of this Act, the functions of a State
Board shall be—
(a) to plan a comprehensive programme for the prevention, control or abatement of pollution of
streams and wells in the State and to secure the execution thereof;
(b) to advise the State Government on any matter concerning the prevention, control or abatement
of water pollution;
(c) to collect and disseminate information relating to water pollution and the prevention, control or
abatement thereof;
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(d) to encourage, conduct and participate investigations and research relating to problems of water
pollution and prevention, control or abatement of water pollution;
(e) to collaborate with the Central Board in 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.
(2) The Board may establish or recognise a laboratory or laboratories to enable the Board to perform
its functions under this section efficiently, including the analysis of samples of water from any stream or
well or of samples of any sewage or trade effluents.
18. Powers to give directions.—1[(1)] In the performance of its functions under this Act—
(a) the Central Board shall be bound by such directions in writing as the Central Government may
give to it; and
(b) every State Board shall be bound by such directions in writing as the Central Board or the State
Government may give to it:
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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.
(2) Where the Central Board performs any of the functions of the State Board in pursuance of a
direction under sub-section (2), the expenses, if any, incurred by the Central Board with respect to the
performance of such functions may, if the State Board is empowered to recover such expenses, be
recovered by the Central Board with interest (at such reasonable rate as the Central Government may, by
order, fix) from the date when a demand for such expenses is made until it is paid from the person or
persons concerned as arrears of land revenue or of public demand.
(3) For the removal of doubts, it is hereby declared that any directions to perform the functions of any
State Board given under sub-section (2) in respect of any area would not preclude the State Board from
performing such functions in any other area in the State or any of its other functions in that area.]
CHAPTER V
PREVENTION AND CONTROL OF WATER POLLUTION
19. Power of State Government to restrict the application of the Act to certain areas.—
(1) Notwithstanding anything contained in this Act, if the State Government, after consultation with, or on
the recommendation of, the State Board, is of opinion that the provisions of this Act need not apply to the
entire State, it may, by notification in the Official Gazette, restrict the application of this Act to such area
or areas as may be declared therein as water pollution, prevention and control area or areas and thereupon
the provisions of this Act shall apply only to such area or areas.
(2) Each water pollution, prevention and control area may be declared either by reference to a map or
by reference to the line of any watershed or the boundary of any district or partly by one method and
partly by another.
(3) The State Government may, by notification in the Official Gazette,—
(a) alter any water pollution, prevention and control area whether by way of extension or
reduction; or
(b) define a new water pollution, prevention and control area in which may be merged one or
more water pollution, prevention and control areas, or any part or parts thereof.
20. Power to obtain information.—(1) For the purpose of enabling a State Board to perform the
functions conferred on it by or under this Act, the State Board or any officer empowered by it in that
behalf, may make surveys of any area and gauge and keep records of the flow or volume and other
characteristics of any stream or well in such area, and may take steps for the measurement and recording
of the rainfall in such area or any part thereof and for the installation and maintenance for those purposes
of gauges or other apparatus and works connected therewith, and carry out stream surveys and may take
such other steps as may be necessary in order to obtain any information required for the purposes
aforesaid.
(2) A State Board may give directions requiring any person who in its opinion is abstracting water
from any such stream or well in the area in quantities which are substantial in relation to the flow or
volume of that stream well or is discharging sewage or trade effluent into any such stream or well, to give
such information as to the abstraction or the discharge at such times and in such form as may be specified
in the directions.
15
Provided that no such recovery shall be made unless the occupier or, as the case may be, his agent has
been given a reasonable opportunity of being heard in the matter.]
(5) When a sample of any sewage or trade effluent is taken for analysis under sub-section (1) and the
person taking the sample serves on the occupier or his agent a notice under clause (a) of sub-section (3)
and the occupier or his agent who is present at the time of taking the sample does not make a request for
dividing the sample into two parts as provided in clause (b) of sub-section (3), then, the sample so taken
shall be placed in a container which shall be marked and sealed and shall also be signed by the person
taking the sample and the same shall be sent forthwith by such person for analysis to the laboratory
referred to in sub-clause (i) or sub-clause (ii), as the case may be, of clause (d) of sub-section (3).
22. Reports of the result of analysis on samples taken under section 21.—(1) Where a sample of
any sewage or trade effluent has been sent for analysis to the laboratory established or recognised by the
Central Board or, as the case may be, the State Board, the concerned Board analyst appointed under
sub-section (3) of section 53 shall analyse the sample and submit a report in the prescribed form of the
result of such analysis in triplicate to the Central Board or the State Board, as the case may be.
(2) On receipt of the report under sub-section (1), one copy of the report shall be sent by the Central
Board or the State Board, as the case may be, to the occupier or his agent referred to in section 21, another
copy shall be preserved for production before the court in case any legal proceedings are taken against him
and the other copy shall be kept by the concerned Board.
(3) Where a sample has been sent for analysis under clause (e) of sub-section (3) or sub-section (4) of
section 21 to any laboratory mentioned therein, the Government analyst referred to in that sub-section shall
analyse the sample and submit a report in the prescribed form of the result of the analysis in triplicate to the
Central Board or, as the case may be, the State Board which shall comply with the provisions of sub-
section (2).
(4) If there is any inconsistency or discrepancy between, or variation in the results of, the analysis
carried out by the laboratory established or recognised by the Central Board or the State Board, as the case
may be, and that of the laboratory established or specified under section 51 or section 52, as the case may
be, the report of the latter shall prevail.
(5) Any cost incurred in getting any sample analysed at the request of the occupier or his agent shall be
payable by such occupier or his agent and in case of default the same shall be recoverable from him as
arrears of land revenue or of public demand.
23. Power of entry and inspection.—(1) Subject to the provisions of this section, any person
empowered by a State Board in this behalf shall have a right at any time to enter, with such assistance as
he considers necessary, any place—
(a) for the purpose of performing any of the functions of the Board entrusted to him;
(b) for the purpose of determining 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.
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(2) The provisions of 1[the Code of Criminal Procedure, 1973 (2 of 1974)], or, in relation to the State
of Jammu and Kashmir*, the provisions of any corresponding law in force in that State, shall, so far as
may be, apply to any search or seizure under this section as they apply to any search or seizure made
under the authority of a warrant issued under 2[section 94] of the said Code, or, as the case may be, under
the corresponding provisions of the said law.
Explanation.—For the purposes of this section, “place” includes vessel.
24. Prohibition on use of stream or well for disposal of polluting matter, etc.—(1) Subject to the
provisions of this section,—
(a) no person shall knowingly cause or permit any poisonous, noxious or polluting matter
determined in accordance with such standards as may be laid down by the State Board to enter
(whether directly 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.
(2) A person shall not be guilty of an offence under sub-section (1), by reason only of having done or
caused to be done any of the following acts, namely:—
(a) constructing, improving or maintaining in or across or on the bank or bed of any stream any
building, bridge, weir, dam, sluice, dock, pier, drain or sewer or other permanent works which he has a
right to construct, improve or maintain;
(b) depositing any materials on the bank or in the bed of any stream for the purpose of reclaiming
land or for supporting, repairing or protecting the bank or bed of such stream provided such materials
are not capable of polluting such stream;
(c) putting into 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.
(3) The State Government may, after consultation with, or on the recommendation of, the State
Board, exempt, by notification in the Official Gazette, any person from the operation of sub-section (1)
subject to such conditions, if any, as may be specified in the notification and any condition so specified
may by a like notification be altered, varied or amended.
25. Restrictions on new outlets and new discharges.—4[(1) Subject to the provisions of this section,
no person shall, without the previous consent of the State Board,—
(a) establish or take any steps to establish any industry, operation 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.]
1. Subs. by Act 44 of 1978, s. 11, for “the Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 12-12-1978).
2. Subs. by s. 11, ibid., for “section 98” (w.e.f. 12-12-1978).
3. Subs. by Act 53 of 1988, s. 11, for “stream or well” (w.e.f. 29-9-1988).
4. Subs. by s. 12, ibid., for sub-sections (1) and (2) (w.e.f. 29-9-1988).
*. 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.
5. Subs. by Act 5 of 2024, s. 4, for the proviso (w.e.f. 15-2-2024).
17
(2) An application for consent of the State Board under sub-section (1) shall be made in such form,
contain such particulars and shall be accompanied by such fees as may be prescribed.]
(3) The State Board may make such inquiry as it may deem fit in respect of the application for consent
referred to in sub-section (1) and in making any such inquiry shall follow such procedure as may be
prescribed.
1
[(4) The State Board may—
(a) grant its consent referred to in sub-section (1), subject to such conditions as it may impose,
being—
(i) in cases referred to in clauses (a) and (b) of sub-section (1) of section 25, conditions as to
the point of discharge of sewage or as to the use of that outlet or any other outlet for discharge of
sewage;
(ii) in the case of a new discharge, conditions as to the nature and composition, temperature,
volume or rate of discharge of the effluent from the land or premises from which the discharge or
new discharge is to be made; and
(iii) that the consent will be valid only for such period as may be specified in the order,
and any such conditions imposed shall be binding on any person establishing or taking any steps to
establish any industry, operation or process, or treatment and disposal system 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.
(5) Where, without the consent of the State Board, any industry, operation or process, or any treatment
and disposal system or any extension or addition thereto, is established, or any steps for such establishment
have been taken or a new or altered outlet is brought into use for the discharge of sewage or a new
discharge of sewage is made, the State Board may serve on the person who has established or taken steps
to establish any industry, operation or process, or any treatment and disposal system or any extension or
addition thereto, or using the outlet, or making the discharge, as the case may be, a notice imposing any
such conditions as it might have imposed on an application for its consent in respect of such establishment,
such outlet or discharge.
(6) Every State Board shall maintain a register containing particulars of the conditions imposed under
this section and so much of the register as relates to any outlet, or to any effluent, from any land or
premises shall be open to inspection at all reasonable hours by any person interested in, or affected by such
outlet, land or premises, as the case may be, or by any person authorised by him in this behalf and the
conditions so contained in such register shall be conclusive proof that the consent was granted subject to
such conditions.]
(7) The consent referred to in sub-section (1) shall, unless given or refused earlier, be deemed to have
been given unconditionally on the expiry of a period of four months of the making of an application in this
behalf complete in all respects to the State Board.
(8) For the purposes of this section and sections 27 and 30,—
(a) the expression “new or altered outlet” means any outlet which is wholly or partly constructed
on or after the commencement of this Act or which (whether so constructed or not) is substantially
altered after such commencement;
(b) the expression “new discharge” means a discharge which is not, as respects 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
1. Subs. by Act 53 of 1988, s. 12, for sub-sections (4), (5) and (6) (w.e.f. 29-9-1988).
18
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.
26. Provision regarding existing discharge of sewage or trade effluent.—Where immediately
before the commencement of this Act any person was discharging any sewage or trade effluent into
a 1[stream or well or sewer or on land], the provisions of section 25 shall, so far as may be, apply in
relation to such person as they apply in relation to the person referred to in that section subject to the
modification that the application for consent to be made under sub-section (2) of that section 2[shall be
made on or before such date as may be specified by the State Government by notification in this behalf in
the Official Gazette].
27. Refusal or withdrawal of consent by State Board.—3[(1) A State Board shall not grant its
consent under sub-section (4) of section 25 for the establishment of any industry, operation or process, or
treatment and disposal system or extension or addition thereto, or to the bringing into use of a new or
altered outlet unless the industry, operation or process, or treatment and disposal system or extension or
addition thereto, or the outlet is so established as to comply with any conditions imposed by the Board to
enable it to exercise its right to take samples of the effluent.]
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.]
(3) Any condition imposed under section 25 or section 26 shall be subject to any variation made
under sub-section (2) and shall continue in force until revoked under that sub-section.
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.
(2) Every State Board, in discharge of its functions for the purposes of grant, refusal or cancellation of
consent under section 25 or section 27 shall act in accordance with the guidelines issued under
sub-section (1).]
28. Appeals.—(1) Any person aggrieved by an order made by the State Board under section 25,
section 26 or section 27 may, within thirty days from the date on which the order is communicated to him,
prefer an appeal to such authority (hereinafter referred to as the appellate authority) as the State
Government may think fit to constitute:
Provided that the appellate authority may entertain the appeal after the expiry of the said period of
thirty days if such authority is satisfied that the appellant was prevented by sufficient cause from filing the
appeal in time.
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.]
19
(3) The form and manner in which an appeal may be preferred under sub-section (1), the fees payable
for such appeal and the procedure to be followed by the appellate authority shall be such as may be
prescribed.
(4) On receipt of an appeal preferred under sub-section (1), the appellate authority shall, after
giving the appellant and the State Board an opportunity of being heard, dispose of the appeal as
expeditiously as possible.
(5) If the appellate authority determines that any condition imposed, or the variation of any
condition, as the case may be, was unreasonable, then,—
(a) where the appeal is in respect of the unreasonableness of any condition imposed, such
authority may direct either that the condition shall be treated as annulled or that there shall be
substituted for it such condition as appears to it to be reasonable;
(b) where the appeal is in respect of the unreasonableness of any variation of a condition, such
authority may direct either that the condition shall be treated as continuing in force unvaried or that
it shall be varied in such manner as appears to it to be reasonable.
29. Revision.—(1) The State Government may at any time either of its own motion or on an
application made to it in this behalf, call for the records of any case where an order has been made by the
State Board under section 25, section 26 or section 27 for the purpose of satisfying itself as to the legality
or propriety of any such order and may pass such order in relation thereto as it may think it:
Provided that the State Government shall not pass any order under this sub-section without affording
the State Board and the person who may be affected by such order a reasonable opportunity of being
heard in the matter.
(2) The State Government shall not revise any order made under section 25, section 26 or section 27
where an appeal against that order lies to the appellate authority, but has not been preferred or where an
appeal has been preferred such appeal is pending before the appellate authority.
30. Power of State Board to carry out certain works.—1[(1) Where under this Act, any conditions
have been imposed on any person while granting consent under section 25 or section 26 and such
conditions require such person to execute any work in connection therewith and such work has not been
executed within such time as may be specified in this behalf, the State Board may serve on the person
concerned a notice requiring him within such time (not being less than thirty days) as may be specified in
the notice to execute the work specified therein.]
(2) If the person concerned fails to execute the work as required in the notice referred to in
sub-section (1), then, after the expiration of the time specified in the said notice, the State Board may itself
execute or cause to be executed such work.
(3) All expenses incurred by the State Board for the execution of the aforesaid work, together with
interest, at such rate as the State Government may, by order, fix, from the date when a demand for the
expenses is made until it is paid, may be recovered by that Board from the person concerned, as arrears of
land revenue, or of public demand.
30. Furnishing of information to State Board and other agencies in certain cases.—2[(1) If at any
place where any industry, operation or process, or any treatment and disposal system or any extension or
addition thereto is being carried on, due to accident or other unforeseen act or event, any poisonous,
noxious or polluting matter is being discharged, or is likely to be discharged into a stream or well or
sewer or on land and, as a result of such discharge, the water in any stream or well is being polluted, or is
likely to be polluted, then the person incharge of such place shall forthwith intimate the occurrence of
such accident, act or event to the State Board and such other authorities or agencies as may be
prescribed.]
(2) Where any local authority operates any sewerage system or sewage works, the provisions of sub-
section (1) shall apply to such local authority as they apply in relation to the person in charge of the place
where any industry or trade is being carried on.
20
32. Emergency measures in case of pollution of stream or well.—(1) Where it appears to the State
Board that any poisonous, noxious or polluting matter is present in 1[any stream or well or on land by reason of
the discharge of such matter in such stream or well or on such land] or has entered into that stream or well due
to any accident or other unforeseen act or event, and if the Board is of opinion that it is necessary or expedient
to take immediate action, it may for reasons to be recorded in writing, carry out such operations as it may
consider necessary for all or any of the following purposes, that is to say,—
(a) removing that matter from the 2[stream or well or on land] and disposing it of in such manner as the
Board considers appropriate;
(b) remedying or mitigating any pollution caused by its presence in the stream or well;
(c) issuing 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.
(2) The power conferred by sub-section (1) does not include the power to construct any works other than
works of a temporary character which are removed on or before the completion of the operations.
33. Power of Board to make application to courts for restraining apprehended pollution of water in
streams or wells.—4[(1) Where it is apprehended by a Board that the water in any stream or well is likely to
be polluted by reason of the disposal or likely disposal of any matter in such stream or well or in any sewer or
on any land, or otherwise, the Board may make an application to a court, not inferior to that of a Metropolitan
Magistrate or a Judicial Magistrate of the first class, for restraining the person who is likely to cause such
pollution from so causing.]
(2) On receipt of an application under sub-section (1) the court may make such order as it deems fit.
(3) Where under sub-section (2) the court makes an order restraining any person from polluting the water in
any stream or well, it may in that order—
(i) direct the person who is likely to cause or has caused the pollution of the water in the stream or well,
to desist from taking such action as is likely to cause pollution or, as the 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.
(4) All expenses incurred by the Board in removing any matter in pursuance of the authorisation under
clause (ii) of sub-section (3) or in the disposal of any such matter may be defrayed out of any money obtained
by the Board from such disposal and any balance outstanding shall be recoverable from the person concerned as
arrears of land revenue or of public demand.
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.]
1. Subs. by Act 53 of 1988, s. 16, for “any stream or well” (w.e.f. 29-9-1988).
2. Subs. by s. 16, ibid., for “stream or well” (w.e.f. 29-9-1988).
3. Subs. by s. 16, ibid., for “into the stream or well” (w.e.f. 29-9-1988).
4. Subs. by s. 17, ibid., for sub-section (1) (w.e.f. 29-9-1988).
5. Ins. by s. 18, ibid. (w.e.f. 29-9-1988).
21
1
[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) directors 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.]
CHAPTER VI FUNDS,
ACCOUNTS AND AUDIT
34. Contributions by Central Government.—The Central Government may, after due appropriation
made by Parliament by law in this behalf, make in each financial year such contributions to the Central
Board as it may think necessary to enable the Board to perform its functions under this Act.
35. Contributions by State Government.—The State Government may, after due appropriation
made by the Legislature of the State by law in this behalf, make in each financial year such contributions
to the State Board as it may think necessary to enable that Board to perform its functions under this Act.
36. Fund of Central Board.—(1) The Central Board shall have its own fund, and all sums which
may, from time to time, be paid to it by the Central Government and all other receipts (by way of gifts,
grants, donations, benefactions 2[, fees] or otherwise) of that Board shall be carried to the fund of the
Board and all payments by the Board shall be made therefrom.
(2) The Central Board may expend 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 the prevention, control or abatement of
air pollution provides for the performance of any function under such law by the Central Board, also for
performing its functions under such law] and such sums shall be treated as expenditure payable out of the
fund of the Board.
37. Fund of State Board.—(1) The State Board shall have its own fund, and the sums which may,
from time to time, be paid to it by the State Government and all other receipts (by way of gifts, grants,
donations, benefactions 3[, fees] or otherwise) of that Board shall be carried to the fund of the Board and
all payments by the Board shall be made therefrom.
(2) The State Board may expend such sums as it thinks fit for performing its functions under this Act,
3
[and, where any law for the time being in force relating to the prevention, control or abatement of air
pollution provides for the performance of any function under such law by the State Board, also for
performing its functions under such law] and such sums shall be treated as expenditure payable out of the
fund of that Board.
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.]
38. Budget.—The Central Board or, as the case may be, the State Board shall, during each financial
year, prepare, in such form and at such time as may be prescribed, a budget in respect of the financial year
next ensuing showing the estimated receipt and expenditure, and copies thereof shall be forwarded to the
Central Government or, as the case may be, the State Government.
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
28
62. Power of State Government to supersede State Board.—(1) If at any time the State
Government is of opinion—
(a) that the State Board has persistently made default in the performance of the functions imposed
on it by or under this Act; or
(b) that circumstances exist which render it necessary in the public interest so to do,
the State Government may, by notification in the Official 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.
(2) Upon the publication of a notification under sub-section (1) superseding the State Board, the
provisions of sub-sections (2) and (3) of section 61 shall apply in relation to the supersession of the
State Board as they apply in relation to the supersession of the Central Board or a Joint Board by the
Central Government.
63. Power of Central Government to make rules.—(1) The Central Government may,
simultaneously with the constitution of the Central Board, make rules in respect of the matters specified
in sub-section (2):
Provided that when the Central Board has been constituted, no such rule shall be made, varied,
amended or repealed without consulting the Board.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the terms and conditions of service of the members (other than the chairman and
member-secretary) of the Central Board under sub-section (8) of section 5;
1
[(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;
2
[(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;
3
* * * * *
(j) the form of the report of the Central Board analyst under sub-section (1) of section 22;
31