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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,
Gujrat, 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) Short
title, application and commencement. 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 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 State Board;
(b) "Central
Board" means the Central Pollution Control Board Constituted under
Section 3;
(c) "members"
means a member of a Board and includes the chairman thereof;
(d) "occupier",
in relation to any factory or premises, means the person who has control
over the affairs of
the
factory or the premises, and includes, in relation to any substance,
the person in possession of the
substance;
(dd) "outlet"
includes any conduit pipe or channel, open or closed carrying sewage
or trade effluent or any
other
holding arrangement which causes, or is likely to cause, pollution;
(e) "pollution"
means such contamination of water or such alteration of the physical,
chemical or biological
properties
of water or such discharge of any sewage or trade effluent or of any
other liquid, gaseous or
solid
substance into water (whether directly or indirectly) as may, or is
likely to, create a nuisance or
render
such water harmful or injurious to public health or safety, or to domestic,
commercial, industrial,
agricultural
or other legitimate uses, or to the life and health of animals or plants
or of aquatic organisms;
(f) "prescribed"
means prescribed by rules made under this Act by the Central Government
or, as the case
may
be, the State Government,
(g) "sewage
effluent" means effluent from any sewerage system or sewage disposal
works and includes
sullage
from open drains;
(gg) "sewer"
means any conduit pipe or channel, open or closed, carrying sewage or
trade effluent;
(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 any industry, operation or process, or treatment and
disposal system" other than
domestic
sewage.
CHAPTER
II
THE
CENTRAL & STATE BOARDS FOR PREVENTION & CONTROL OF WATER POLLUTION
3. 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 is 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 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
matters
relating to environmental protection or a person having knowledge and
experience in
administering
institutions dealing with the matters aforesaid, to be nominated by
the Central
Government;
(b) such
number of officials, not exceeding five to be nominated by the Central
Government to
represent
that Government;
(c) such
number of persons, not exceeding five to be nominated by the Central
Government, from
amongst
the members of the State Boards, of whom no exceeding two shall be from
those referred
to
in clause (c) of sub-Section (2) of Section 4;
(d) such
number of non-officials, not exceeding three to be nominated by the
Central Government, to
represent
the interests of agriculture, fishery or industry or trade or any other
interest which, in the
opinion
of the Central Government, ought to be represented;
(e) two
persons to represent the companies or corporations owned, controlled
or managed by the
Central
Government, to be nominated by that Government;
(f) a
full-time member-secretary, possessing qualifications, knowledge and
experience of scientific,
engineering
or management aspects of pollution control, to be appointed by the Central
Government
(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 Boards
(1) The
State Government shall, with effect from such date 6*** as
it may, by notification in the Official
Gazette,
appoint, constitute a 7[State Pollution Control Board], under
such name as may be specified in
the
notification, to exercise the powers conferred on the perform the functions
assigned to that Board
under
this Act.
(2) A
State Board shall consist of the following members, namely:-
(a) a
chairman, being a person having special knowledge or practical experience
in respect of matters
relating
to environmental protection or a person having knowledge and experience
in administering
institutions
dealing with the matters aforesaid, to be nominated by the State Government.
Provided
that the chairman may be either whole-time or part-time as the State
Government
may
think fit;
(b) such
number of officials, not exceeding five, to be nominated by the State
Government to
represent
that Government;
(c) such
number of persons, not exceeding five to be nominated by the State Government
from
amongst
the members of the local authorities functioning within the State;
(d) such
number of non-officials, not exceeding three to be nominated by the
State Government to
represent
the interest 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;
(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 a Union territory the Central Board may delegate
all of 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 this nomination:
Provided
that a member shall, notwithstanding the expiration of his term, continue
to hold office until his
successor
enters upon his office.
(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 chairman, tot he 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 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,
16[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 a whose place he was
nominated.
(7) A
member of a Board 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.
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-Section (1) and (7) of Section 5, a member
who has been
removed
under this Section shall not be eligible for re-nomination as a member.
7.
Vacation of seat 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 Boards
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 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.
(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.
11. Vacancy
in Board not to invalidate Acts and 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.
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) 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, he 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.
(3A)
The method of recruitment and the terms and conditions of
service (including the scales or 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
(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 Government
of
State Government 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.
(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 clause (b) of that sub-
Section,
in the Official Gazette of 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
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
or 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 Government;
(f) a
full-time member-secretary, possessing qualifications, knowledge and
experience of scientific,
engineering or management aspects of pollution control, to be appointed
by the Central Government
(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
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 in 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 Central
Government
to
represent the companies or corporations owned, controlled or managed
by the participating
State
Government;
(f) a
full-time member-secretary, possessing qualifications, knowledge and
experience of scientific,
engineering
or management aspects of pollution control, to be appointed by the Central
Government.
(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 tot he 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
Not
withstanding 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.
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 programs
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;
(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;
(d) to
encourage, conduct and participate in 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
or 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) 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
specially
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 discharge 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
advice 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) In
the performance of its functions under this Act --
(a) the
Central Board shall be bound by such directions in writing the Central
Government may give to
it;
and
(b) every
State Board shall be bound by such directions in writing as the Central
Government or the
State
Government may give to it:
Provided
that where a direction given by the State Government is inconsistent
with the direction
given
by the Central Board, the matter shall be referred to the Central Government
for its decision.
(2) Where
the Central Government is of the opinion that and State Board has defaulted
in complying with any
directions
given by the Central Government 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 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
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 function 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 an 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
or 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.
(3) Without
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Water
Act