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THE WATER (PREVENTION & CONTROL OF POLLUTION) ACT,
1974
Definitions:
2 (a) Board- The Central
Board or a State Board
2(d) Occupier- In relation to
any factory or premises means that 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.
2 (dd) Outlet- Any conduit
pipe or channel, open or closed carrying sewage or trade effluent or any
other holding arrangements which causes or is likely to cause pollution.
2 (e) Pollution-
Contamination of water or such alteration of the physical, chemical or biological
water or such discharge of any other liquid, gaseous or solid substance into
water (whether directly to 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.
2(f) Sewage effluent- Effluent
from any sewerage system or sewage disposal works and includes sullage from
open drains.
2 (gg) Sewer- Any conduit pipe or channel, open or closed
carrying sewage or trade effluent.
2(h)
2 (j) Stream- Includes river, water course (whether flowing
or for the time being dry), inland water (whether natural or artificial), sub-terranean
waters, sea or tidal water 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 the behalf.
2(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.
47 (2) (a) Company- Any body corporate and includes a firm or
other association of individuals.
47 (2) (b) Director- In relation to a firm means a partner in the
firm.
25 (8) New Outlet- Any outlet which is wholly or partly constructed
on or after the commencement of this Act or which is substantially altered
after such commencement.
25 (8) New Discharge- A discharge which is not as respects the nature
and composition, temperature, volume and rate of discharge of the effluent
substantially continuation of a discharge made within the preceding twelve
months(whether by the same of different outlet), so however that a discharge
which is in other respects as 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.
Constitution of State Boards, Terns &
Conditions of Service of Members.
4 Constitution of the State Board
The State Govt. shall
constitute a State Pollution control Board , to exercise the powers conferred
and perform the function assigned under this Act. The State Board shall
consist of the following members.
(a) A whole time or part time
Chairman nominated by the State Govt. Qualification – Person having special
knowledge or practical experience in respect of matters relating to the environmental
protection or having knowledge and experience in administering institutions dealing
with the matters aforesaid.
(b) Maximum of 5 officials
nominated by the State Govt. representing Govt.
(c) Maximum of 5 officials
nominated by the State Govt. from amongst the members of the local authorities
functioning within the State.
(d) Maximum of 3
non-officials, nominated by the State Govt. to represent the interest of agriculture,
fishery or industry or trade or any other interest which, in the opinion of
the State Govt., ought to be represented.
(e) Two persons nominated by
the State Govt. to represent companies/corporations owned, controlled or
managed by the Govt.
(f) A full-time Member
Secretary processing qualifications, knowledge and experience of scientific,
engineering or management aspects of pollution control, appointed by the
State Govt.
50 Deemed 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 the Act and the rules made there under shall be deemed to
be “public servants” within the meaning of section 21 of the Indian Penal
Code.
6 Disqualifications of members
(1) No person shall be a
member of the Board who 1) is, or at any time has been adjudged insolvent or
has suspended payment of his debts or has compounded with his creditors, or
2) is of unsound mind and
declared by a competent court, or
3) 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 Govt. involves moral turpitude, or
4) is, or at any time has
been convicted of an offence under this Act, or
5) 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
6) is a director or a
secretary, manager or other salaries officer or employee of any company or firm
having any contract with the Board, or with the Govt. constituting the Board,
or with a local authority in the State, or with a company or corporation owned,
controlled or managed by the Govt. for the carrying out of sewerage schemes
or for the installation of plants for the treatment of sewage or trade effluents,
or
7) has so abused, in the
opinion of the Central Govt. or as the case may be, of the State Govt. his position
as a member, as to render his continuance on the Board detrimental to the
interest of the general public.
(2) Order of removal shall be
made by the Central Govt. or the State Govt. after giving the member concerned
a reasonable opportunity of showing cause against the same. A member who has
been removed under this section shall not be eligible for renomination as a
member.
5 Terms and Conditions of service
of members
(1) Any member other than,
member secretary shall hold office for a term of three years from the date of
this nomination unless provided by this Act and shall 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 section3 or clause (b) or clause (e) of sub-section(2) of section 4
shall came to an office by virtue of which he was nominated.
(3) The Central Govt. or the
State Govt. may remove any members of a Board before the expiry of his term
of office after giving him a reasonable opportunity of shoeing cause against
the same.
(4) Any member, other than
member secretary may resign by writing under his hand addressed (a) in the
case of Chairman, to the Central Government as the case may be, the State
Government and (b) in any other case to the Chairman of the Board.
(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, or
where he is nominated under clause (c) or clause (e) of sub section 92) of section
(3) or under clause (c) of clause (e) of sub section (20 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 Govt. or the State Govt. and such vacation of seat shall, in either
case, take effect from such date as the central Govt. or as the case may be,
the State Government may, by notification in the Official Gazette, specify.
Powers and Functions of State Boards
17 Functions of the State Board
(1) The functions of the
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 adverse the State
Government on any mater 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
control Board in organizing the training of persons engaged or to be engaged in
programmes relating to prevention, control or abatement of water pollution
and to organize mass education programmes relating thereof.
(f) To inspect sewage or
trade effluents, works and plants for the treatment of sewage and trade effluents
and to review plants, specifications or other data relating to plants set up
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
annual 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 difference
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
utilization 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 other
(i) for the prevention,
control or abatement of discharge of waste into stream 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.
(iii) 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 annual effluent standards for the
sewage and trade effluent.
(iv) 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;
(v) to perform such other
functions as may be prescribed or as may, from time to time be entrusted to
it by the Centra Board or the State Government.
(2) The Board may establish
or recognize a laboratory or laboratories ort 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.
20 Power to give directions to obtain information
The State Board or any officer
empowered by it in this behalf may take such measures as it may be necessary in
order to obtain information to carry out the functions of the State Board
[20(1)] 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
[20 (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 (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 establishments 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.
The State Board or any
officer authorized in this behalf shall have the power.
(i) to take samples of water
from any stream or well.
(ii) to take samples of any
sewage or trade effluent passing from any plant or vessel or over any place
into any such stream or well.
The result of any analysis of
a sample of any sewage or trade effluent taken under sub-section (1) shall
not admissible in evidence in a legal proceeding unless the provision of
subsections (3) (4) and (5) regarding such procedure for collecting samples
has been complied with.
23 Power of entry and inspection
Any person authorized in this
behalf by the State Board shall have the right to enter at any time for the
purpose of any functions entrusted by the Board for example to determine
whether an order or direction is being complied with or for the purposes of
examining plant, premises or nay material object or for search and seizure of
any material object which may furnish evidence of commission of an offence
under the Act. Entry shall be at reasonable hours if the premises are used
for residential purposes.
25 Authorization for new outlets and new discharges
and power of State Board to take action with regard to unauthorized outlets.
Prior Consent of the State
Board under section 25 is necessary (i) to set up any industry, plant or process
which is likely to discharge sewage or trade effluent into a stream or well
or sewer or on land ;or
(ii) bring into use any new
or altered outlets for the discharge of sewage; or
(iii) begin to make any new
discharge of sewage.
Where, such prior consent is
required as per section 25 (1) has not taken then 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, ort using the outlet, to 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.
Every State Board shall
maintain a register containing particulars or 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 al 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 authorized by him in this
behalf and the conditions so contained in such register shall be conclusive
proof that the consent was granted subject such conditions.
27 Power to refuse or withdrawal of consent by
State Board
State Board shall not grant
consent under Section 25 (4) if the industry, operation or process or
treatment and disposal system is not installed.
30 Power to the State Board to carry out certain works
specified under section 25 or 26
In continuance of the power
under section 25 & 26, the State Board may serve upon the person a notice
asking the person concerned to do a specified work within the specified time
failing which the board itself shall execute the work the expenses of which
shall be borne by the defaulting party.
32 Power to take emergency measures in case of
pollution of stream or well
State Board may issue orders
to remove the matter, which is, or may cause pollution ; or remedy or
mitigate the pollution, or issue prohibition orders to the concerned persons
from discharging any poisonous or noxious or polluting matter.
33 Power of Board to make application to courts
for restraining apprehended pollution of waste in streams or wells
(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 curt, 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 form so causing.
(2) On receipt of an
application under section 33 (1) the court make such
order as it deems fit.
(3) Where under section 33
(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 such stream or well, such matter and
(ii) authorize the Board, if
the direction under section 33 (3) (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 to pursuance of the authorization 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 and revenue or of public demand.
33 A Power to give directions
Subject to the provisions of
this Act, and to any direction that the Central Government may give in this
behalf, a Board may 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. This includes the power to direct the closure, prohibition or
regulation of any industry, operation or process; or the stoppage or
regulation of supply of electricity, or water or any other service.
Powers and Functions of the State Government
18 Power to give direction to the State Board
Every State Board shall be
bound by such directions in writing as the Central Board or the State Govt.
may give to it.
Provided where a direction
given by the State Govt. is inconsistent with the direction by the Central
Board the matter shall be referred to the Central Govt. for its decision.
19 Power to restrict the application of the Act to
certain areas
Notwithstanding contained in
this Act, if the State Government, after consultation with, or on the
recommendation of the State Board is of the 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.
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.
52 State Govt. to set up State water laboratory and
prescribe rules thereof
The State Government may, by notification
in the Official Gazette; (a) Establish a State Water Laboratory; or
(b) Specify any State
laboratory or institute as a State Water Laboratory, to carry out the functions
entrusted to the State Water Laboratory under this Act.
The State Government may,
after consultation with the State Board, make rules prescribing the functions
of the State Water laboratory; the procedure for the submission to the said
laboratory of sampled of water or of sewage or trade effluents for analysis
or rests, the form of the laboratory’s report thereon and the fees payable in
respect of such report; such other matters as may be necessary or expedient
to enable that laboratory to carry out its functions.
62 Power to supersede the 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 exists
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 the State government shall give a reasonable opportunity to
the State Board to show cause why it should not be superseded ands shall
consider the explanations and objections, if any, of the State Board.
(2) Upon the publication of a
notification for Superseding the State Board, the provisions of sub-sections
(2) and (3) of section 61 shall apply in relation to the suppersession of the
State Board as they apply in relation to the supersession of the central
Board or a Joint Board by the Central Government.
64 Power to the State Govt. 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 633;
Provided that when the
State Board has been constituted, no such rule shall be made varied, amended
or repeated without consulting that Board.
Offences and Penalties
45 Enhanced penalty after previous conviction
If any person is again found
guilty of an offence under the same provision, on the second and every subsequent
conviction shall be punishable with imprisonment which shall not be less than
one and a half years which may extend upto six years and with fine.
40 Publication of the names of the offender
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.
Liability for offence committed by Companies or
Government Departments
47 Offences by Companies
Every person who at the time
the offence was committee was directly incharge of, and was responsible in
charge of, and was responsible to the company for the conduct of the business
of the company. Any director, manager, secretary or other officer of the
company shall also be liable/guilty if it is proved that the offence has been
committed with their
consent or company or connivance
or is attributable to any neglect on their part. Not liable if he proves that
the offence was committed without the knowledge or that he exercised all due
diligence to prevent the commission of such offence.
Bar to Jurisdiction of civil Courts
58 Bar to Jurisdiction
No civil court shall have
jurisdiction to entertain any suit to processing in respect of any matter
which an appellate authority constituted under this Act is empowered 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 betaken in pursuance of
any power conferred by or under this Act.
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Sunday, 6 July 2014
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