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WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974
6 of 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 -
SECTION 01: 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.
SECTION 02: DEFINITIONS
In this Act, unless the context otherwise requires,-
(a) "Board" means the Central Board or State Board;
2[(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;
3[(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;]
4(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;
4[(gg) "sewer" means any conduit pipe or channel, open or closed, carrying sewage or trade effluent;]
5[(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) subterranean 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 any6[industry, operation or process, or treatment and disposal system], other than domestic sewage.
SECTION 03: CONSTITUTION OF CENTRAL BOARD
(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 the7[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 of8[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)9[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)10[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, con- trolled or managed by the Central Government, to be nominated by that Government;
11[(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.
SECTION 04: CONSTITUTION OF STATE BOARD
(1) The State Government shall with effect from such date12[* * *] as it may, by notification in the Official Gazette, appoint, constitute a State13[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) a14[* * *] chairman, being a person having special knowledge or practical experience in respect of15[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:16[Provided that the chairman may be either whole-time or part time as the State Government may think fit:]
(b)17[such number of officials, not exceeding five,] to be nominated by the State Government to represent that Government;
(c)18[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)19[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, con- trolled or managed by the State Government, to be nominated by that Government;
20[(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.
SECTION 05: 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.
21[(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,22[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 subsection (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 23[shall be eligible for re nomination].
(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.
SECTION 06: 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 or manufacture, sale or hire of machinery, plant, equipment, apparatus or fittings for the treatment of a sewage or trade effluents, or
(f) is a director or 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.
SECTION 07: 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.
SECTION 08: MEETINGS OF BOARD
A Board shall meet at least once in every three months and shall observe such rules or 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.
SECTION 09: 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 it meetings and for attending to any other work of the Board as may be prescribed.
SECTION 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.
(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.
24[(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.]
SECTION 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.
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