THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 

ARRANGEMENT OF SECTIONS 

Last updated:27-8-2021 

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. 

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  with  directions  under sub-section  (2)  or  sub-section (3)  of  section  20,  or 

orders issued under clause (c) of sub-section (1) of section 32. 

42. Penalty for certain acts. 

43. Penalty for contravention of provisions of section 24. 

44. Penalty for contravention of section 25 or section 26. 

45. Enhanced penalty after previous conviction. 

45A. Penalty for contravention of certain provisions of the Act. 

46. Publication of names of offenders. 

47. Offences by companies. 

48. Offences by Government Departments. 

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SECTIONS 

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. 

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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; 

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. Subs. by Act 53 of 1988, s. 2, for clause (b) (w.e.f. 29-9-1988). 
2. Subs. by s. 2, ibid., for clause (d) (w.e.f. 29-9-1988). 

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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 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; 

1[(gg)  “sewer”  means  any  conduit  pipe  or  channel,  open  or  closed,  carrying  sewage  or  trade 

effluent;] 

2[(h) “State Board” means a State Pollution Control Board constituted under section 4;] 

(i)  “State  Government”  in  relation  to  a  Union  territory  means  the  Administrator  thereof  

appointed under article 239 of the Constitution; 

(j) “stream” includes— 

(i) river; 

(ii) water course (whether flowing or for the time being dry); 

(iii) inland water (whether natural or artificial); 

(iv) sub-terranean waters; 

(v)  sea  or  tidal  waters  to  such  extent  or,  as  the  case  may  be,  to  such  point  as  the  State 

Government may, by notification in the Official Gazette, specify in this behalf; 

(k) “trade effluent” includes any liquid, gaseous or solid substance which is discharged from any 
premises used for carrying on any 3[industry, operation or process, or treatment and disposal system], 
other than domestic sewage. 

CHAPTER II 

THE CENTRAL AND STATE BOARDS FOR PREVENTION AND CONTROL OF WATER POLLUTION 

3. Constitution of Central 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; 

1. Ins. by Act 44 of 1978, s. 2 (w.e.f. 12-12-1978). 
2. Subs. by Act 53 of 1988, s. 2, for clause (h) (w.e.f. 29-9-1988). 
3. Subs. by s. 2, ibid., for “trade or industry” (w.e.f. 29-9-1988). 
4. Subs. by s. 3, ibid., for “Central Board for the Prevention and Control of Water Pollution” (w.e.f. 29-91988). 
5. Subs. by Act 44 of 1978, s. 3, for “matters relating to the use and conservation of water resources or the prevention and control 

of water pollution” (w.e.f. 12-12-1978). 

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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[Provided that the chairman may be either whole-time or part-time as the State Government may 

may think fit;] 

(b) 9[such number of officials, not exceeding five,] to be nominated by the State Government to 

represent that Government; 

(c) 10[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) 11[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. Subs. by Act 44 of 1978, s. 3, for “five officials” (w.e.f. 12-12-1978). 
2. Subs. by s. 3, ibid., for “three non-officials” (w.e.f. 12-12-1978). 
3. Subs. by Act 53 of 1988, s. 3, for clause (f) (w.e.f. 29-9-1988). 
4. The brackets and words “(being a date not later than six months of the commencement of the Act in the State)” 

omitted by Act 44 of 1978, s. 4 (w.e.f. 12-12-1978). 

5. Subs. by Act 53 of 1988, s. 4, for “State Board” (w.e.f. 29-9-1988). 
6. The word “full-time” omitted by Act 44 of 1978, s. 4 (w.e.f. 12-12-1978). 
7. Subs. by s. 4, ibid., for certain words (w.e.f. 12-12-1978). 
8. The proviso ins. by s. 4, ibid. (w.e.f. 12-12-1978). 
9. Subs. by s. 4, ibid., for “five officials” (w.e.f. 12-12-1978). 
10. Subs. by s. 4, ibid., for “five persons” (w.e.f. 12-12-1978). 
11. Subs. by s. 4, ibid., for “three non-officials” (w.e.f. 12-12-1978). 

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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.] 

(3) Every State Board shall be a body corporate with the name specified by the State Government in 
the  notification  under  sub-section  (1),  having  perpetual  succession  and  a  common  seal  with  power, 
subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and may, by 
the said name, sue or be sued. 

(4)  Notwithstanding  anything  contained  in  this  section,  no  State  Board  shall  be  constituted  for  a 
Union  territory  and  in  relation  to  a  Union  territory,  the  Central  Board  shall  exercise  the  powers  and 
perform the functions of a State Board for that Union territory: 

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. 

5. Terms and conditions of service of members.—(1) Save as otherwise provided by or under this 
Act, a member of a Board, other than a member-secretary, shall hold office for a term of three years from 
the date of his nomination: 

Provided that a member shall, notwithstanding the expiration of his term, continue to hold office until 

his successor enters upon his office. 

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.] 

(3) The Central Government or, as the case may be, the State Government may, if it thinks fit, remove 
any member of a Board before the expiry of his term of office, after giving him a reasonable opportunity 
of showing cause against the same. 

(4)  A  member  of  a  Board,  other  than  the  member-secretary,  may  at  any  time  resign  his  office  by 

writing under his hand addressed— 

(a)  in the case of 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. 

(5) A member of a Board, other than the member-secretary, shall be deemed to have vacated his seat 
if he is absent without reason, sufficient in the opinion of the Board, from three consecutive meetings of 
the  Board,  3[or  where  he  is  nominated  under  clause  (c)  or  clause  (e)  of  sub-section  (2)  of  section  3  or 
under  clause  (c)  or  clause  (e)  of  sub-section  (2)  of  section  4,  if  he  ceases  to  be  a  member  of  the  State 
Board or of the local authority or, as the case may be, of the company or corporation owned, controlled or 
managed by the Central Government or the State Government and such vacation of seat shall, in either 
case, take effect from such date as the Central Government or, as the case may be, the State Government 
may, by notification in the Official Gazette, specify]. 

(6) A casual vacancy in a Board shall be filled by a fresh nomination and the person nominated to fill 
the vacancy shall hold office only for the remainder of the term for which the member in whose place he 
was nominated. 

(7) A member of a Board 4[shall be eligible for renomination]. 

1. Subs. by Act 53 of 1988, s. 4, for clause (f) (w.e.f. 29-9-1988). 
2. Subs. by Act 44 of 1978, s. 5, for sub-section (2) (w.e.f. 12-12-1978). 
3. Subs. by s. 5, ibid., for certain words, brackets, letters and figures (w.e.f. 12-12-1978). 
4. Subs. by Act 53 of 1988, s. 5, for “shall not be eligible for renomination for more than two terms” (w.e.f. 29-9-1988). 

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(8) The other terms and conditions of service of a member of a Board, other than the chairman and 

member-secretary, shall be such as may be prescribed. 

(9) The other terms and conditions of service of the chairman shall be such as may be prescribed. 

6. Disqualifications.—(1) No person shall be a member of a Board, who— 

(a)  is, or at any time has been adjudged insolvent or has suspended  payment of his debts or has 

compounded with his creditors, or 

(b) is of unsound mind and stands so declared by a competent court, or 

(c) is, or has been, convicted of an offence which, in the opinion of the Central Government or, as 

the case may be, of the State Government, involves moral turpitude, or 

(d) is, or at any time has been, convicted of an offence under this Act, or 

(e)  has  directly  or  indirectly  by  himself  or  by  any  partner,  any  share  or  interest  in  any  firm  or 
company  carrying  on  the  business  of  manufacture,  sale  or  hire  of  machinery,  plant,  equipment, 
apparatus or fittings for the treatment of sewage or trade effluents, or 

(f) is a director or a secretary, manager or other salaried officer or employee of any company or 
firm having any contract with the Board, or  with the Government constituting the Board, or with a 
local authority in the State, or with a company or corporation owned, controlled or managed by the 
Government,  for  the  carrying  out  of  sewerage  schemes  or  for  the  installation  of  plants  for  the 
treatment of sewage or trade effluents, or 

(g) has so abused, in the opinion of the Central Government or as the case may be, of the State 
Government, his position as a member, as to render his continuance on the Board detrimental to the 
interest of the general public. 

(2) No order of removal shall be made by the Central Government or the State Government, as the 
case may be, under this section unless the member concerned has been given a reasonable opportunity of 
showing cause against the same. 

(3) Notwithstanding anything contained in sub-sections (1) and (7) of section 5, a member who has 

been removed under this section shall not be eligible for renomination as a member. 

7.  Vacation  of  seats  by  members.—If  a  member  of  a  Board  becomes  subject  to  any  of  the 

disqualifications specified in section 6, his seat shall become vacant. 

8. Meetings  of Board.—A  Board shall  meet  at least once  in  every  three  months and  shall  observe 

such rules of procedure in regard to the transaction of business at its meetings as may be prescribed: 

Provided that if, in the opinion of the chairman, any business of an urgent nature is to be transacted, 

he may convene a meeting of the Board at such time as he thinks fit for the aforesaid purpose. 

9. Constitution of committees.—(1) A Board may constitute as many committees consisting wholly 
of  members  or  wholly  of other  persons  or partly  of members  and  partly  of  other  persons,  and  for  such 
purpose or purposes as it may think fit. 

(2) A committee constituted under this section shall meet at such time and at such place, and shall 
observe  such  rules  of  procedure  in  regard  to  the  transaction  of  business  at  its  meetings,  as  may  be 
prescribed. 

(3) The members of a committee (other than the members of the Board) shall be paid such fees and 
allowances,  for  attending  its  meetings  and  for  attending  to  any  other  work  of  the  Board  as  may  be 
prescribed. 

10.  Temporary  association  of  persons  with  Board  for  particular  purposes.—(1)  A  Board  may 
associate  with  itself  in  such  manner,  and  for  such  purposes,  as  may  be  prescribed  any  person  whose 
assistance or advice it may desire to obtain in performing any of its functions under this Act. 

8 

 
(2)  A  person  associated  with  the  Board  under  sub-section  (1)  for  any  purpose  shall  have  a  right  to  
take part in the discussions of the Board relevant to that purpose, but shall not have a right to vote at a 
meeting of the Board, and shall not be a member for any other purpose. 

1[(3) A person associated with the Board under sub-section (1) for any purpose shall be paid such fees 
and allowances, for attending its meetings and for attending to any other work of the Board, as may be 
prescribed.] 

11. Vacancy in Board not to invalidate acts or proceedings.—No act or proceeding of a Board or 
any committee thereof shall be called in question on the ground merely of the existence of any vacancy  
in, or any defect in the constitution of, the Board or such committee, as the case may be. 

2[11A. Delegation of powers to Chairman.—The Chairman of a Board shall exercise such powers 
and perform such duties as may be prescribed or as may, from time to time, be delegated to him by the 
Board.] 

12. Member-secretary and officers and other employees of Board.—(1) The terms and conditions 

of service of the member-secretary shall be such as may be prescribed. 

(2) The member-secretary shall exercise such powers and perform such duties as may be prescribed 

or as may, from time to time, be delegated to him by the Board or its chairman. 

(3) Subject to such rules as may be made by the Central Government or, as the case may be, the State 
Government in this behalf, a Board may appoint such officers and employees as it considers necessary for 
the efficient performance of its functions 3***. 

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.] 

(4)  Subject  to  such  conditions  as  may  be  prescribed,  a  Board  may  from  time  to  time  appoint  any 
qualified person to be a consulting engineer to the Board and pay him such salaries and allowances and 
subject him to such other terms and conditions of service as it thinks fit. 

CHAPTER III 

JOINT BOARDS 

13. Constitution of Joint Board.—(1) Notwithstanding anything contained in this Act, an agreement 

may be entered into— 

(a) by two or more Governments of contiguous States, or 

(b)  by  the  Central  Government  (in  respect  of  one  or  more  Union  territories)  and  one  or  more 

Governments of States contiguous to such Union territory or Union territories, 

1. Ins. by Act 44 of 1978, s. 6 (w.e.f. 12-12-1978). 
2. Ins. by s. 7, ibid. (w.e.f. 12-12-1978). 
3. Certain words omitted by s. 8, ibid. (w.e.f. 12-12-1978). 
4. Ins. by s. 8, ibid. (w.e.f. 12-12-1978). 
5. Ins. by Act 53 of 1988, s. 6 (w.e.f. 29-9-1988). 

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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.] 

1. Subs. by Act 44 of 1978, s. 9, for certain words (w.e.f. 12-12-1978). 
2. Subs. by Act 53 of 1988, s. 7, for clause (f) (w.e.f. 29-9-1988). 

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. 

1. Subs. by Act 44 of 1978, s. 9, for certain words (w.e.f. 12-12-1978). 
2. Subs. by Act 53 of 1988, s. 7, for clause (f) (w.e.f. 29-9-1988). 

11 

 
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; 

1. Ins. by Act 53 of 1988, s. 8 (w.e.f. 29-9-1988). 

12 

 
 
 
 
(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: 

1. S. 18 renumbered as sub-section (1) thereof by Act 53 of 1988, s. 9 (w.e.f. 29-9-1988). 

13 

 
 
 
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. 

(3)  Where  the  Central  Board  performs  any  of  the  functions  of  the  State  Board  in  pursuance  of  a 
direction  under  sub-section  (2),  the  expenses,  if  any,  incurred  by  the  Central  Board  with  respect  to  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. 

(4) For the removal of doubts, it is hereby declared that any directions to perform the functions of any 
State Board given under sub-section (2) in respect of any area would not preclude the  State Board from 
performing such functions in any other area in the State or any of its other functions in that area.] 

CHAPTER V 

PREVENTION AND CONTROL OF WATER POLLUTION 

19.  Power of State Government  to  restrict  the  application  of  the  Act  to  certain  areas.—
(1) Notwithstanding 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. 

1. Ins. by Act 53 of 1988, s. 9 (w.e.f. 29-9-1988). 

14 

 
 
 
 
 
(3)  Without  prejudice  to  the  provisions  of  sub-section  (2),  a  State  Board  may,  with  a  view  to 
preventing  or  controlling  pollution  of  water,  give  directions  requiring  any  person  in  charge  of  any 
establishment where any 1[industry, operation or process, or treatment and disposal system] is carried on, 
to furnish to it information regarding the construction, installation or operation of such establishment or  
of  any  disposal  system  or  of  any  extension  or  addition  thereto  in  such  establishment  and  such  other 
particulars as may be prescribed. 

21.  Power to take samples of effluents and procedure to be followed in connection therewith.—
(1) A State Board or any officer empowered by it in this behalf shall have power to take for the purpose 
of analysis samples of water from any stream or well or samples of any sewage or trade effluent which is 
passing from any plant or vessel or from or over any place into any such stream or well. 

(2)  The  result  of  any  analysis  of  a  sample  of  any    sewage    or    trade    effluent    taken    under    sub-
section  (1)  shall  not  be  admissible  in  evidence  in  any  legal  proceeding  unless  the  provisions  of  sub-
sections (3), (4) and (5) are complied with. 

(3) Subject to the provisions of sub-sections (4) and (5), when a sample (composite or otherwise as 
may be warranted by the process used) of any sewage or trade effluent is taken for analysis under sub-
section (1), the person taking the sample shall— 

(a) serve on the person in charge of, or having control over, the plant or vessel or in occupation of 
the  place (which  person is  hereinafter  referred  to  as the  occupier)  or  any  agent  of  such  occupier,  a 
notice, 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 affluent 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 of public demand: 

1. Subs. by Act 53 of 1988, s. 10, for “industry or trade” (w.e.f. 29-9-1988). 
2. Subs. by Act 44 of 1978, s. 10, for sub-section (4) (w.e.f. 12-12-1978). 

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. 

16 

 
(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: 

Provided  that  a  person  in  the  process  of  taking  any  steps  to  establish  any  industry,  operation  or 
process  immediately  before  the  commencement  of  the  Water  (Prevention  and  Control  of  Pollution) 
Amendment Act, 1988 (53 of 1988), for which no consent was necessary prior to such commencement, 

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. 

17 

 
 
may  continue  to  do  so  for  a  period  of  three  months  from  such  commencement  or,  if  he  has  made  an 
application for such consent, within the said period of three months, till the disposal of such application. 

(2) An application for consent of the State Board under sub-section (1) shall be made in such form, 

contain such particulars and shall be accompanied by such fees as may be prescribed.] 

(3)  The  State  Board  may  make  such  inquiry  as  it  may  deem  fit  in  respect  of  the  application  for 
consent referred to in sub-section (1) and in making any such inquiry shall follow such procedure as may 
be prescribed. 

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. 

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. 

6[(2) An appellate authority shall consist of a single person or three persons, as the State Government 

may think fit, to be appointed by that Government.] 

(3) The form and manner in which an appeal may be preferred under 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. 

1. Subs. by Act 44 of 1978, s. 13, for “stream or well” (w.e.f. 12-12-1978). 
2. Subs. by s. 13, ibid., for certain words (w.e.f. 12-12-1978). 
3. Subs. by Act 53 of 1988, s. 13, for sub-section (1) (w.e.f. 29-9-1988). 
4. Subs. by Act 44 of 1978, s. 14, for sub-section (2) (w.e.f. 12-12-1978). 
5. Subs. by Act 53 of 1988, s. 13, for clause (a) (w.e.f. 29-9-1988). 
6. Subs. by Act 44 of 1978, s. 15, for sub-section (2) (w.e.f. 12-12-1978). 

19 

 
 
 
 
 
 
 
(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. 

31. 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. 

1. Subs. by Act 53 of 1988, s. 14, for sub-section (1) (w.e.f. 29-9-1988). 
2. Subs. by s. 15, ibid., for sub-section (1) (w.e.f. 29-9-1988). 

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 months from the last date of the previous 
financial year and that Government shall cause every such report to be laid before both Houses of Parliament within 
nine months from the last date of the previous financial year. 

(2) Every State Board shall, during each financial year, prepare, in such form as may be prescribed, an annual 
report giving full account of its activities under this Act during the previous financial year and copies thereof shall 
be forwarded to the State Government within four months from the last date of the previous financial year and that 
Government shall cause every such report to be laid before the State Legislature within a period of nine months from 
the last date of the previous financial year.] 

1. Ins. by Act 19 of 2010, s. 36 and Schedule III (w.e.f. 18-10-2010). 
2. Ins. by Act 44 of 1978, s. 16 (w.e.f. 12-12-1978). 
3. Ins. by s. 17, ibid. (w.e.f. 12-12-1978). 
4. Ins. by Act 53 of 1988, s. 19 (w.e.f. 29-9-1988). 
5. Subs. by s. 20, ibid., for section 39 (w.e.f. 29-9-1988). 

22 

 
 
                                                      
40. Accounts and audit.—(1) Every Board shall maintain proper accounts and other relevant records 
and  prepare  an  annual  statement  of  accounts  in  such  form  as  may  be  prescribed  by  the  Central 
Government or, as the case may be, the State Government. 

(2) The  accounts  of  the  Board  shall  be  audited  by  an  auditor  duly  qualified  to  act  as  an  auditor  of 

companies under section 226 of the Companies Act, 1956 (1 of 1956). 

(3) The said auditor shall be appointed by the Central Government or, as the case may be, the State 

Government on the advice of the Comptroller and Auditor General of India. 

(4) Every auditor appointed to audit the accounts of the Board under this Act shall have the right to 
demand the production of books, accounts, connected vouchers and other documents and papers and to 
inspect any of the offices of the Board. 

(5) Every such auditor shall send a copy of his report together with an audited copy of the accounts to 

the Central Government or, as the case may be, the State Government. 

(6)  The Central Government shall, as soon as may be after the receipt of the audit report under sub-

section (5), cause the same to be laid before both Houses of Parliament. 

(7)  The  State  Government  shall,  as  soon  as  may  be  after  the  receipt  of the  audit  report  under  sub-

section (5), cause the same to be laid before the State Legislature. 

CHAPTER VII 

PENALTIES AND PROCEDURE 

1[41. Failure to comply with directions under sub-section (2) or sub-section (3) of section 20, or 
orders  issued  under  clause  (c)  of  sub-section  (1)  of  section  32  or  directions    issued    under    sub-
section (2) of section 33 or section 33A.—(1) Whoever fails to comply with the direction given under 
sub-section (2) or sub-section (3) of section 20 within such time as may be specified in the direction shall, 
on conviction, be punishable with imprisonment for a term which may extend to three months or with fine 
which may extend to ten thousand rupees or with both and in case the failure continues, with an additional 
fine which may extend to five thousand rupees for every day during which such failure continues after the 
conviction for the first such failure. 

(2) Whoever fails to comply with any order issued under clause (c) of 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 failure and on conviction, be punishable with imprisonment for 
a term which shall not be less than one year and six months but which may extend to six years and with 
fine, and in case the failure continues, with an additional fine which may extend to five thousand rupees 
for every day during which such failure continues after the conviction for the first such failure. 

(3) If the failure referred to in sub-section (2) continues beyond a period of one year after the date of 
conviction, the offender shall, on conviction, be punishable with imprisonment for a term which shall not 
be less than two years but which may extend to seven years and with fine.] 

42. Penalty for certain acts.—(1) Whoever— 

(a) destroys, pulls down, removes, injures or defaces any pillar, post or stake fixed in the ground 

or any notice or other matter put up, inscribed or placed, by or under the authority of the Board, or 

(b)  obstructs  any  person  acting  under  the  orders  or  directions  of  the  Board  from  exercising  his 

powers and performing his functions under this Act, or 

(c) damages any works or property belonging to the Board, or 

(d) fails to furnish to any officer or other employee of the Board any information required by him 

for the purpose of this Act, or 

(e)  fails  to  intimate  the  occurrence  of  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 

1. Subs. by Act 53 of 1988, s. 21, for section 41 (w.e.f. 29-9-1988). 

23 

 
 
(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, 

shall be punishable with imprisonment for a term which may extend to three months or with fine which 
may extend to 1[ten thousand rupees] or with both. 

(2) Where for the grant of a consent in pursuance of the provisions of section 25 or section 26 the use 
of  meter  or  gauge  or  other  measure  or  monitoring  device  is  required  and  such  device  is  used  for  the 
purposes of those provisions, any person who knowingly or wilfully alters or interferes with that device  
so as to prevent it from monitoring or measuring correctly shall be punishable with imprisonment for a 
term which may extend to three months or with fine which may extend to  1[ten thousand rupees] or with 
both. 

43. Penalty for contravention of provisions of section 24.—Whoever contravenes the provisions of 
section 24 shall be punishable with imprisonment for a term which shall not be less than  2[one year and 
six months] but which may extend to six years and with fine. 

44. Penalty for contravention of section 25 or section 26.—Whoever contravenes the provisions of 
section  25  or  section  26  shall  be  punishable  with  imprisonment  for  a term  which  shall  not  be  less  than 
2[one year and six months] but which may extend to six years and with fine. 

45.  Enhanced  penalty  after  previous  conviction.—If  any  person  who  has  been  convicted  of  any 
offence  under  section  24  or  section  25  or  section  26  is  again  found  guilty  of  an  offence  involving  a 
contravention  of  the  same  provision,  he  shall,  on  the  second  and  on  every  subsequent  conviction,  be 
punishable with imprisonment for a term which shall not be less than 3[two years] but which may extend 
to seven years and with fine: 

Provided  that  for  the  purpose  of  this  section  no  cognizance  shall  be  taken  of  any  conviction  made 

more than two years before the commission of the offence which is being punished. 

4[45A. Penalty for contravention of certain provisions of the Act.—Whoever contravenes any of 
the provisions of this Act or fails to comply with any order or direction given under this Act, for which no 
penalty  has  been  elsewhere  provided  in  this  Act,  shall  be  punishable  with  imprisonment  which  may 
extend to three months or with fine which may extend to ten thousand rupees or with both, and in the case 
of a continuing contravention or failure, with an additional fine which may extend to five thousand rupees 
for  every  day  during  which  such  contravention  or  failure  continues  after  conviction  for  the  first  such 
contravention or failure.] 

46.  Publication  of  names  of  offenders.—If  any  person  convicted  of  an  offence  under  this  Act 
commits a like offence afterwards it shall be lawful for the court before which the second or subsequent 
conviction takes place to cause the offender’s name and place of residence, the offence and the penalty 
imposed  to  be  published  at  the  offender’s  expense  in  such  newspapers  or  in  such  other  manner  as  the 
court may direct and the expenses of such publication shall be deemed to be part of the cost attending the 
conviction and shall be recoverable in the same manner as a fine. 

47.  Offences  by  companies.—(1)  Where  an  offence  under  this  Act  has  been  committed  by  a 
company, every person who at the time the offence was committed was in charge of, and was responsible 
to the company for the conduct of, the business of the company, as well as the company, shall be deemed 
to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: 

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment provided in this Act if he proves that the offence was committed without his knowledge or 
that he exercised all due diligence to prevent the commission of such offence. 

1. Subs. by Act 53 of 1988, s. 22, for “one thousand rupees” (w.e.f. 29-9-1988). 
2. Subs. by s. 23, ibid., for “six months” (w.e.f. 29-9-1988). 
3. Subs. by s. 24, ibid., for “one year” (w.e.f. 29-9-1988). 
4. Ins. by s. 25, ibid. (w.e.f. 29-9-1988). 

24 

 
 
(2) Notwithstanding anything contained in sub-section (1), where, an offence under this Act has been 
committed  by  a  company  and  it  is  proved  that  the  offence  has  been  committed  with  the  consent  or 
connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other 
officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty 
of that offence and shall be liable to be proceeded against and punished accordingly. 

Explanation.—For the purposes of this section,— 

(a) ”company”  means  any  body  corporate,  and  includes  a  firm  or  other  association    of 

individuals; and 

(b) “director” in relation to a firm means a partner in the firm. 

48. Offences by Government Departments.—Where an offence under this Act has been committed 
by  any  Department  of  Government,  the  Head  of  the  Department  shall  be  deemed  to  be  guilty  of  the 
offence and shall be liable to be proceeded against and punished accordingly: 

Provided that nothing contained in this section shall render such Head of the Department liable to any 
punishment if he proves that the offence was committed without his knowledge or that he exercised all 
due diligence to prevent the commission of such offence. 

49.  Cognizance  of  offences.—1[(1)  No  court  shall  take  cognizance  of  any  offence  under  this  Act 

except on a complaint made by— 

(a) a Board or any officer authorised in this behalf by it; or 

(b) any person who has given notice of not less than sixty days, in the manner prescribed, of the 
alleged  offence  and  of  his  intention  to  make  a  complaint,  to  the  Board  or  officer  authorised  as 
aforesaid, 

and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall 
try any offence punishable under this Act.] 

2[(2)  Where  a  complaint  has  been  made  under  clause  (b)  of  sub-section  (1),  the  Board  shall,  on 

demand by such person, make available the relevant reports in its possession to that person: 

Provided that the Board may refuse to make any such report available to such person if the same is, in 

its opinion, against the public interest.] 

3[(3)]    Notwithstanding    anything    contained    in    4[section    29  of    the      Code      of      Criminal   
Procedure, 1973 (2 of 1974)], it shall be lawful for any  5[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. 

50.  Members, officers and servants of Board to be public servants.—All members, officers and 
servants of a Board when acting or purporting to act in pursuance of any of the provisions of this Act and 
the rules made thereunder shall be deemed to be public servants within the meaning of section 21 of the 
Indian Penal Code (45 of 1860). 

CHAPTER VIII 

MISCELLANEOUS 

51. Central Water Laboratory.—(1) The Central Government may, by notification in the Official 

Gazette,— 

(a) establish a Central Water Laboratory; or 

1. Subs. by Act 53 of 1988, s. 26, for sub-section (1) (w.e.f. 29-9-1988). 
2. Ins. by s. 26, ibid. (w.e.f. 29-9-1988). 
3. Sub-section (2) renumbered as sub-section (3) thereof by s. 26, ibid. (w.e.f. 29-9-1988). 
4. Subs. by Act 44 of 1978, s. 19, for “section 32 of the Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 12-12-1978). 
5. Subs. by s. 19, ibid., for “Magistrate of the first class or for any Presidency Magistrate” (w.e.f. 12-12-1978). 

25 

 
 
 
 
(b) specify any laboratory or institute as a Central Water Laboratory, to carry out the functions 

entrusted to the Central Water Laboratory under this Act. 

(2) The Central Government may, after consultation with the Central Board, make rules prescribing— 

(a) the functions of the Central Water Laboratory; 

(b) the procedure for the submission to the said laboratory of samples of water or of sewage or 
trade effluent for analysis or tests, the form of the laboratory’s report thereunder and the fees payable 
in respect of such report; 

(c) such other matters as may be necessary or expedient to enable that laboratory to carry out its 

functions. 

52.  State  Water  Laboratory.—(1)  The  State  Government  may,  by  notification  in  the  Official 

Gazette,— 

(a) establish a State Water Laboratory; or 

(b) specify  any  laboratory  or  institute    as    a    State    Water    Laboratory,    to    carry    out    the  

functions entrusted to the State Water Laboratory under this Act. 

(2) The State Government may, after consultation with the State Board, make rules prescribing— 

(a) the functions of the State Water Laboratory; 

(b) the procedure for the submission to the said laboratory of samples of water or of sewage or 
trade effluent for analysis or tests, the form of the laboratory’s report thereon and the fees payable in 
respect of such report; 

(c) such other matters as may be necessary or expedient to enable that laboratory to carry out its 

functions. 

53. Analysts.—(1) The Central Government may, by notification in the Official Gazette, appoint such 
persons as it thinks fit and having the prescribed qualifications to be Government analysts for the purpose 
of  analysis  of  samples  of  water  or  of  sewage  or  trade  effluent  sent  for  analysis  to  any  laboratory 
established or specified under sub-section (1) of section 51. 

(2)  The  State  Government  may,  by  notification  in  the  Official  Gazette,  appoint  such  persons  as  it 
thinks fit and having the prescribed qualifications to be Government analysts for the purpose of analysis 
of  samples  of  water  or  of  sewage  or  trade  effluent  sent  for  analysis  to  any  laboratory  established  or 
specified under sub-section (1) of section 52. 

(3) Without prejudice to the provisions of sub-section (3) of section 12, the Central Board or, as the 
case may be, the State Board may, by notification in the Official Gazette, and with the approval of the 
Central Government or the State Government, as the case may be, appoint such persons as it thinks fit and 
having the prescribed qualifications to be Board analysts for the purpose of analysis of samples of water 
or  of  sewage  or  trade  effluent  sent  for  analysis  to  any  laboratory    established    or    recognised    under 
section 16, or, as the case may be, under section 17. 

54. Reports of analysts.—Any document purporting to be a report signed by a Government analyst 
or,  as  the  case  may  be,  a  Board  analyst  may  be  used  as  evidence  of  the  facts  stated  therein  in  any 
proceeding under this Act. 

55.  Local  authorities  to  assist.—All  local  authorities  shall  render  such  help  and  assistance  and 
furnish such information to the Board as it may require for the discharge of its functions, and shall make 
available to the Board for inspection and examination such records, maps, plans and other documents as 
may be necessary for the discharge of its functions. 

56. Compulsory acquisition of land for the State Board.—Any land required by a State Board for 
the efficient performance of its functions under this Act shall be deemed to be needed for a public purpose 
and such land shall be acquired for  the  State Board  under  the  provisions  of  the  Land  Acquisition 
Act, 1894 (1 of 1894), or under any other corresponding law for the time being in force. 

26 

 
57.  Returns  and  reports.—The  Central  Board  shall  furnish  to  the    Central    Government,    and    a 
State  Board  shall  furnish  to  the  State  Government  and  to  the  Central  Board  such  reports,  returns,  
statistics, accounts and other information with respect to its fund or activities as that Government, or, as 
the case may be, the Central Board may, from time to time, require. 

58. Bar of jurisdiction.—No civil court shall have jurisdiction to entertain any suit or proceeding in 
respect of any matter which an appellate authority constituted under this Act is empowered by or under 
this Act to determine, and no injunction shall be granted by any court or other authority in respect of any 
action taken or to be taken in pursuance of any power conferred by or under this Act. 

59. Protection of action taken in good faith.—No suit or other legal proceedings shall lie against 
the Government or any officer of Government or any member or officer of a Board in respect of anything 
which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder. 

60.  Overriding  effect.—The  provisions  of  this  Act  shall  have  effect  notwithstanding  anything 

inconsistent therewith contained in any enactment other than this Act. 

61. Power of Central Government to supersede the Central Board and Joint Boards.—(1) If at 

any time the Central Government is of opinion— 

(a) that the Central Board or any Joint Board has persistently made default in the performance of 

the functions imposed on it by or under this Act; or 

(b) that circumstances exist which render it necessary in the public interest so to do, 

the Central Government may, by notification in the Official Gazette, supersede the Central Board or such 
Joint  Board,  as  the  case  may  be,  for  such  period,  not  exceeding  one  year,  as  may  be  specified  in  the 
notification: 

Provided  that  before  issuing  a  notification  under  this  sub-section  for  the    reasons  mentioned    in  
clause  (a),  the  Central  Government  shall  give  a  reasonable  opportunity  to  the  Central  Board  or  such    
Joint Board, as the case may be, to show cause why it should not be superseded and shall consider the 
explanations and objections, if any, of the Central Board or such Joint Board, as the case may be. 

(2) Upon the publication of a notification under sub-section (1) superseding the Central Board or any 

Joint Board,— 

(a) all the members shall, as from the date of supersession vacate their offices as such; 

(b) all the powers, functions and duties which may, by or under this Act, be exercised, performed 
or discharged by the Central Board  or  such  Joint Board  shall,  until  the  Central Board  or  the  
Joint  Board,  as  the  case  may  be,  is  reconstituted  under  sub-section  (3)  be  exercised,  performed  or 
discharged by such person or persons as the Central Government may direct; 

(c)  all  property  owned  or  controlled  by  the  Central  Board  or  such  Joint  Board  shall,  until  the 
Central Board or the Joint Board, as the case may be, is reconstituted under sub-section (3) vest in the 
Central Government. 

(3)  On  the  expiration  of  the  period  of  supersession  specified  in  the  notification  issued  under  sub-

section (1), the Central Government may— 

(a)  extend the period of supersession for such further term, not exceeding six months, as it may 

consider necessary; or 

(b) reconstitute the Central Board or the Joint Board, as the case may be, by fresh nomination or 
appointment, as the case may be, and in such case any person who vacated his office under clause (a) 
of 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. 

27 

 
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; 

(b) the  intervals  and  the  time  and  place  at  which  meetings  of  the  Central  Board  or  of  any 
committee thereof constituted under this Act, shall be held and  the  procedure to  be  followed  at 
such  meetings, including  the  quorum  necessary  for the  transaction  of business under  section  8, and 
under sub-section (2) of section 9; 

(c) the fees and allowances to be paid to such members of a committee of the Central Board as 

are not members of the Board under sub-section (3) of section 9; 

1[(d)  the  manner  in  which  and  the  purposes  for  which  persons  may  be  associated    with    the 
Central Board  under  sub-section  (1)  of  section 10 and  the  fees  and   allowances   payable  to  
such persons;] 

(e)  the  terms  and  conditions  of  service  of  the  chairman  and  the  member-secretary    of    the  

Central Board under sub-section (9) of section 5 and under sub-section (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; 

2* 

* 

* 

* 

* 

(j) the form of the report of the Central Board analyst under sub-section (1) of section 22; 

(k) the form of the report of the Government analyst under sub-section (3) of section 22; 

1. Subs. by Act 44 of 1978, s. 20, for clause (d) (w.e.f. 12-12-1978). 
2. Clauses (h) and (i) omitted by s. 20, ibid. (w.e.f. 12-12-1978). 

28 

 
 
 
 
1[(l) 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; 

(ll) the form in which the annual report of the Central Board may be prepared under section 39;] 

(m) the form in which the accounts of the Central Board may be maintained under section 40; 

2[(mm) the manner in which notice of intention to make a complaint shall  be  given to  the 

Central Board or officer authorised by it under section 49;] 

(n)  any other matter relating to the  Central Board,  including  the  powers  and  functions  of  

that Board in relation to Union territories; 

(o) any other matter which has to be, or may be, prescribed. 

(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it 
is made, before each House of Parliament while it is in session for a total period of thirty days which may 
be  comprised  in  one  session  or  in  two  or  more  successive  sessions,  and  if,  3[before  the  expiry  of  the 
session  immediately  following  the  session  or  the  successive  sessions  aforesaid],  both  Houses  agree  in 
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall 
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that 
any such modification or annulment shall be without prejudice to the validity of anything previously done 
under that rule. 

64.  Power  of  State  Government to make  rules.—(1)  The  State  Government  may,  simultaneously 
with  the  constitution  of  the  State  Board,  make  rules  to  carry  out  the  purposes  of  this  Act  in  respect  of 
matters not falling within the purview of section 63: 

Provided that when the State Board has been constituted, no such rule shall be made, varied, amended 

or repealed without consulting that Board. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a)  the  terms  and  conditions  of  service  of   the members   (other  than  the  chairman   and  

the member-secretary) of the State Board under 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  4[and  the  fees  and  allowances  payable  to  such 
persons]; 

(e) the terms  and  conditions  of    service    of    the   chairman    and   the  member-secretary    of   the  

State Board under sub-section (9) of section 5 and under 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; 

1. Subs. by Act 53 of 1988, s. 27, for clause (l) (w.e.f. 29-9-1988). 
2. Ins. by s. 27, ibid. (w.e.f. 29-9-1988). 
3. Subs. by Act 44 of 1978, s. 20, for certain words (w.e.f. 12-12-1978). 
4. Ins. by s. 21, ibid. (w.e.f. 12-12-1978). 

29 

 
 
(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 23; 

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. 

1. Subs. by Act 53 of 1988, s. 28, for clause (n) (w.e.f. 29-9-1988). 
2. Ins. by s. 28, ibid. (w.e.f. 29-9-1988). 

30 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
