Water (prevention and control of pollution) act, 1974

Presented by
Sachin Kumar (M.Sc. 4th Sem)

Object and Scope
 An Act to provide for the levy and collection of a cess on
water consumed by persons carrying on certain industries
and by local authorities, with a view to increase the
resources of the Central Board and the State Boards for the
prevention and control of water pollution constituted under
the Water (Prevention and Control of Pollution) Act, 1974.
 It extends to the whole of India except the State of Jammu
and Kashmir.

Definitions
 Sec. 2 (g) “sewage effluent” means effluent from any sewerage
system or sewage disposal works and includes sullage from open
drains.
 Sec. 2 (gg) “sewer” means any conduit pipe or channel, open or
closed, carrying sewage or trade effluent.
 Sec. 2 (h) “State Board” means a State Pollution Control Board
constituted under section 4
 Sec. 2 (i) “State Government” in relation to a Union territory
means the Administrator thereof appointed under article 239 of
the Constitution.
 Sec. 2 (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;

Definitions
 Sec. 2 (a) “Board” means the Central Board or a State Board.
 Sec. 2 (b) “Central Board” means the Central Pollution Control Board
constituted under section 3.
 Sec. 2 (c) “member” means a member of a Board and includes the
chairman thereof.
 Sec. 2 (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.
 Sec. 2 (e) “pollution” means such contamination of water or such
alteration of the physical, chemical or biological properties of water or
such discharge of any sewage or trade effluent or of any other liquid,
gaseous or solid substance into water (whether directly or indirectly)
as may, or is likely to, create a nuisance or render such water harmful
or injurious to public health or safety, or to domestic, commercial,
industrial, agricultural or other legitimate uses, or to the life and health
of animals or plants or of aquatic organisms.

.
Central Board and state board
Vacation of seats by members (sec. 7)- If a member of a
Board becomes subject to any of the disqualifications
specified in section 6, his seat shall become vacant.
 Meetings of Boards (sec. 8)- A Board shall meet at least
once in every 3 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

.
Constitution of Committees (sec. 9):
(1) A Board may constitute as many committees consisting
wholly of members or wholly of other persons or partly of
members and partly of other persons, and for such purpose or
purposes as it may think fit.
(2) A committee constituted under this section shall meet at
such time and at such place, and shall observe such rules of
procedure in regard to the transaction of business at its
meetings, as may be prescribed.
(3) The members of a committee (other than the members of
Board) shall be paid such fees and allowances, for attending its
meetings and for attending to any other work of the Board as
may be prescribed.

. Temporary association of persons with Board for
particular purposes (Sec. 10)-
 (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.
 (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.
 (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.

. Vacancy in Board not to invalidate acts or proceedings
(Sec.11) - 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 of such committee, as the case may
be.
 Delegation of power to chairman (Sec.11A) - 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.

. Constitution of Joint Board (sec. 13)
 (1) Notwithstanding anything contained in this Act, an
agreement may be entered into –
 (a) by two or more Governments of contiguous States,
 (b) by the Central Government (in respect of one or more Union
territories) and one or more Governments of State contiguous to
such Union territory or Union territories, to be in force for such
period and to be subject to renewal for such further period if any,
as may be specified in the agreement to provide for the
constitution of a Joint Board,-
 (i) in a case referred to in clause (a), for all the participating
States, and
 (ii) in a case referred to in clause (b), for the participating Union
territory or Union territories and the State or States.

.
 Special Provision relating to giving of directions
(sec. 15)
 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

.
PREVENTION AND
CONTROL OF WATER
POLLUTION

PREVENTION AND CONTROL
OF WATER POLLUTION
 Power State Government to restrict the application of the Act to
certain areas (section 19)
 Power to obtain information (section 20)
 Power to take samples of effluents and procedures to be followed in
connection therewith (section 21)
 Reports of the results of analysis on samples taken under section 21
(section 22)
 Power of entry and inspection (section 23)
 Prohibition on use of stream or well for disposal of polluting matter
(section 24)
 Restrictions on new outlets and new discharges (section 25)
 Provision regarding existing discharge of sewage or trade effluent
(section 26)
 Refusal or withdrawal of consent State Board (section 27)

. Appeals (section 28)
 Any person aggrieved by an order made by the State
Board under section 25, section 26 or section 27 may
within 30 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.
 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.
 The fees payable for such appeal and the procedure to
be followed by the appellate authority shall be such as
may be prescribed.

.
Appeal (section 28)
 The appellate authority shall, after giving the appellant and the State
Board any opportunity of being heard, dispose of the appeal as
expeditiously as possible. 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.

.
 Revision (section 29)
 Power of State to carry out certain works (section
30)
 Furnishing of information to State Board and other
agencies in certain cases (section 31)
 Emergency measures in case of pollution of stream
or well (section 32)
 Power of Board to make application to courts for
restraining apprehended pollution of water in
streams or wells (section 33)

.
FUNDS, ACCOUNTS AND
AUDIT

.
 Contribution by Central Government (sec. 34): 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.
 Contributions by State Government (sec. 35): 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

.
 Borrowing powers of Board (sec. 37A)- 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.
 Budget (sec. 38)- 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,

.
Accounts and Audit (sec. 40)
 (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.
 (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.
 (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.

.
Section penalty
Section 41 For
noncompliance
of:
1.) Sec. 20(b)/(c) 3 months or Rs.10,000
or both (add. Fine Rs.
5000/day)
2.) Sec. 32(1)(c)/
33(2)/33A
From 1 ½ years to 6 years
and fine (additional fine
Rs. 5000/ day)
3.) Sec. 41(2) 2 to 7 years for failure
continue beyond 1 year
Section 42: penalty for certain act 3 months or Rs.10,000 or both
Section 43: Penalty for contravention of
provisions of section 24
From 1 ½ years to 6 years and fine
Section 44: Penalty for c
ontravention of section 25 or section 26
From 2 years to 6 years and fine
Section 45: Enhanced penalty after
previous conviction
From 1 ½ years to 6 years and fine

Water (prevention and control of pollution) act, 1974

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