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VI
48.
49.
50.
CHAPTER VII
55.
56.
57.
58.
59.
60.
61. Power of Central Government to supersede the Central Board and Joint Boards
62.
63.
64.
WATER (PREVENTION AND CONTROL OF POLLUTION) RULES, 1975
1. Short title and commencement
TERMS AND CONDITIONS OF SERVICE OF THE MEMBERS OF THE CENTRAL BOARD AND OF COMMITTEES OF CENTRAL BOARD
3. [ Omitted by the Water (Prevention and Control of Pollution) Amendment Rules, 2011, w.e.f. 24-11-2011] 62
4. Salaries, allowances and other conditions of service of membersecretary 62
5. Terms and conditions of service of members of the Central Board 63
6. Fees and allowances to be paid to such members of a committee of the Central Board as are not members of the Board under subsection (3) of section 9 63
CHAPTER III
POWERS AND DUTIES OF THE CHAIRMAN AND MEMBER-SECRETARY AND APPOINTMENTS OF OFFICERS AND EMPLOYEES
7. Powers and duties of the Chairman 63
8. Creation and abolition of posts 64
9. Powers and duties of the Member-Secretary 64
CHAPTER IV
TEMPORARY ASSOCIATION OF PERSONS WITH CENTRAL BOARD
10. Manner and purpose of association of persons with Central Board 65
CHAPTER V
CONSULTING ENGINEER
11. Appointment of consulting engineer 66
12. Power to terminate appointments
13. Emoluments of the consulting engineer
14. Tours by consulting engineer
15. Consulting engineer not to disclose information
16. Duties and functions of the consulting engineer
CHAPTER VI
BUDGET OF THE CENTRAL BOARD
17. Form of the budget estimates
18. Submission of budget estimates to the Central Board
19. Estimates of establishment expenditure and fixed recurring charges
20. Re-appropriations and emergent expenditure
21. Power to incur expenditure
22. Operation of fund of the Central Board
23. Saving 68
CHAPTER VII
24. Form of annual report
CHAPTER VIII
ACCOUNT OF THE CENTRAL BOARD
25. Form of annual statement of accounts of the Central Board
CHAPTER
26.
27.
CHAPTER XI POWERS AND FUNCTIONS OF THE CENTRAL BOARD IN RELATION TO
29. Central Board to act as State Board for Union Territories
33.
35.
Water (Prevention and Control of Pollution) Act, 1974
[6 OF 1974]1
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
Short title, application and commencement.
1. (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
1. Dated 23-3-1974.
S. 2 WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 2
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, means the date on which this Act comes into force in such State or Union Territory.
Definitions.
2. 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 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;
2. Substituted by the Water (Prevention and Control of Pollution) Amendment Act, 1988, w.e.f. 29-9-1988. Prior to its substitution, clause (b) read as under:
‘(b) “Central Board” means the Central Board for the Prevention and Control of Water Pollution constituted under section 3;’
3. Substituted, ibid. Prior to its substitution, clause (d), read as under:
‘(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 where the said affairs are entrusted to a managing agent, such agent shall be deemed to be the occupier of the factory or the premises;’
4. Inserted by the Water (Prevention and Control of Pollution) Amendment Act, 1978, w.e.f. 12-12-1978.
3 WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 S. 2
4a[(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 any 6[industry, operation or process, or treatment and disposal system], other than domestic sewage.
COMMENTS
SECTION NOTES
2.1 Pollution definition [Section 2(e)]
“Pollution” means: Contamination of water.
Alteration of the physical, chemical, or biological properties of water. Discharge of any: Sewage. Trade effluent.
Any other liquid, gaseous, or solid substance into water (whether directly or indirectly).
Where such Contamination/Alteration/Discharge: May, or is likely to, create a nuisance. Render such water harmful or injurious to: Public health or safety.
4a. Inserted by the Water (Prevention and Control of Pollution) Amendment Act, 1978, w.e.f. 12-12-1978.
5. Substituted by the Water (Prevention and Control of Pollution) Amendment Act, 1988, w.e.f. 29-9-1988. Prior to its substitution, clause (h) read as under:
‘(h) “State Board” means a State Board for the Prevention and Control of Water Pollution constituted under section 4;’
6. Substituted for “trade or industry”, ibid
S. 3 WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 4
Domestic, commercial, industrial, agricultural, or other legitimate uses. The life and health of animals or plants or of aquatic organisms.
2.2 Trade effluent definition [Section 2(k)] “Trade Effluent” includes:
Any liquid, gaseous or solid substance.
Discharged from any premises used for carrying on any: Industry.
Operation or process.
Treatment and disposal system.
Other than domestic sewage.
CASE LAWS
Abuse of PIL mechanism - In a case alleging environmental pollution caused by mills and plants, the Supreme Court found that the petitioner’s claims were motivated by personal enmity rather than genuine public interest. The Court noted that the mills and plants had complied with statutory requirements under the Air and Water Acts, and there was no evidence of violations leading to ecological imbalance. Emphasizing the need for judicial caution, the Court held that the misuse of Article 32 to settle personal scores is a misuse of the PIL mechanism and dismissed the petition as legally baseless.–Chhetriya Pardushan Mukti Sangharsh Samiti v. State of U.P. AIR 1990 SUPREME COURT 2060.
CHAPTER II
THE CENTRAL AND STATE BOARDS FOR PREVENTION AND CONTROL OF WATER POLLUTION
Constitution of Central Board.
3. (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 7[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 8[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;
7. Substituted for “Central Board for the Prevention and Control of Water Pollution” by the Water (Prevention and Control of Pollution) Amendment Act, 1988, w.e.f. 29-9-1988.
8. Substituted for “matters relating to the use and conservation of water resources or the prevention and control of water pollution” by the Water (Prevention and Control of Pollution) Amendment Act, 1978, w.e.f. 12-12-1978.
5 WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 S. 3
(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, controlled 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.
COMMENTS
CASE LAWS
Invocation of bank guarantees for non-compliance - The Supreme Court examined the Andhra Pradesh Pollution Control Board’s invocation of ` 25 lakhs in bank guarantees from CCL Products (India) Ltd. for non-compliance with environmental directives under the Water Act. The guarantees were executed to ensure adherence to effluent treatment and operational standards. The Court upheld the invocation, emphasizing that bank guarantees constitute an independent contract and can be invoked without additional procedural requirements if terms are violated. It set aside the Tribunal’s ruling, reinforcing that guarantees serve as a mechanism to secure compliance with environmental norms.– Andhra Pradesh Pollution Control Board v. CCL Products (India) Limited AIR 2019 SC 2595.
9. Substituted for “five officials” by the Water (Prevention and Control of Pollution) Amendment Act, 1978, w.e.f. 12-12-1978.
10. Substituted for “three non-officials”, ibid
11. Substituted by the Water (Prevention and Control of Pollution) Amendment Act, 1988, w.e.f. 29-9-1988. Prior to its substitution, clause (f) read as under: “(f) a full-time member-secretary qualified in public health engineering and having administrative experience, to be appointed by the Central Government.”
