Indian Bare Acts

Search Alphabatically :

WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974

Title : WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974

Year : 1974



Notwithstanding anything 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.



For the purpose of enabling a State Board to perform the functions 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 guage and keep records of the flow or volume and other characteristics of any 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 prejudice to the provisions of sub-section (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 1*["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 establishment or of any disposal system or of any extension or addition thereto in such establishment and such other particulars as may be prescribed.

--------------------------------------------------------------------------------------------------------------------------------------------------

1 Subs by Act 53 of 1988, s. 10.

--------------------------------------------------------------------------------------------------------------------------------------------------



A State Board or any officer empowered by it in this behalf shall have power to take for the purpose of analysis samples of water, from any stream or well or samples of any sewage or trade effluent which a is passing from any plant or vessel or from or over any place into any such stream or well.

(2) The result of any analysis of a sample of any sewage or trade effluent taken under sub-section (1) shall not be admissible in evidence in any legal proceeding unless the provisions of sub-sections (3), (4) and (5) are complied with.

(3) Subject to the provisions of sub-sections (4) and (5), when a sample (composite or otherwise as may be warranted by the process used) of any sewage or trade effluent is taken for analysis under sub-section (1), the person taking the sample shall-

(a) Serve on the person in charge of, or having control over, the plant or vessel or in occupation of the place (which person is hereinafter referred to as the occupier) or any agent of such occupier, a notice, then and there in such form as may be prescribed of his intention to have it so analysed;

(b) In the presence of the occupier or his agent, divide the sample into two parts;

(c) Cause each part to be placed in a container which shall be marked and sealed and shall also be signed both by, the person taking the sample and the occupier or his agent;

(d) Send one container forthwith,-

(i) In a case where such sample is taken from any area situated in a Union territory, to the laboratory established or recognised by the Central Board under section 16; and

(ii) In any other case, to the laboratory etablished or recognised by the State Board under section 17;

(e) On the request of the occupier or his agent, send the second container,-

(i) In a case where such sample is taken from any area situated in a Union territory, to the laboratory established or specified under sub-section (1) of section 51; and

(ii) in any other case, to the laboratory established or specified under sub-section (1) of section 52.

(4) 1*When a sample of any sewage or trade effluent is taken for analysis under sub-section (1) and the person taking the sample serves on the occupier or his agent, a notice under clause (a) of sub-section (3) and the occupier or his agent willfully absents himself, then,-

(a) The sample so taken shall be placed in a container which shall be marked and sealed and shall also be signed by the person taking the sample and the same shall be sent forthwith by such person for analysis to the laboratory referred to in sub-clause (i) or sub-clause (ii), as the case may be, of clause (e) of sub-section (3) and such person shall inform the Government analyst appointed under sub- section (1) or sub-section (2), as the case may be, of section 53, in writing about the willful absence of the occupier or his agent, and

(b) The cost incurred in getting such sample an alysed shall be payable by the occupier or his agent and in case of default of such payment, the same shall be recoverable from the occupier or his agent, as the case may be, as an arrear of land revenue or of public demand:

Provided that no such recovery shall be made unless the occupier or, as the case may be, his agent has been given a reasonable opportunity of being heard in the matter.

(5) When a sample of any sewage or trade effluent is taken for analysis under sub-section (1) and the person taking the sample serves on the occupier or his agent a notice under clause (a) of sub-section (3) and the occupier or his agent who is present at the time of taking the sample does not make a request for dividing the sample into two parts as provided in clause (b) of sub-section (3), then, the sample so taken shall be placed in a container which shall be marked and sealed and shall also be signed by the person taking the sample and the same shall be sent forthwith by such person for analysis to the laboratory referred to in sub-clause (i) or sub-clause (ii), as the case may be, of clause (d) of sub-section (3).

-----------------------------------------------------------------------------------------------------------------------------------------------------------------

1 Subs. by Act 44 of 1978, s. 10, for sub-section (4).

-----------------------------------------------------------------------------------------------------------------------------------------------------------------



Where a sample of any sewage or trade effluent has been sent for analysis to the laboratory established or recognised by the Central Board or, as the case may be, the State Board, the concerned Board analyst appointed under sub-section (3) of section 53 shall analyse the sample and submit a report in the prescribed from of the result, of such analysis in triplicate to the Central Board or the State Board, as the case may be.

(2) On receipt of the report under sub-section (1), one copy of the report shall be sent by the Central Board or the State Board, as the case may be, to the occupier or his agent referred to in section 21, another copy shall be preserved for production before the court in case any legal proceedings are taken against him and the other copy shall be kept by the concerned Board.

(3) Where a sample has been sent for analysis under clause (e) of sub-section (3) or sub-section (4) of section 21 to any laboratory mentioned therein, the Government analyst referred to in that sub-section shall analyse the sample and submit a report in the prescribed form of the result of the analysis in triplicate to the Central Board or, as the case may be, the State Board which shall comply with the provisions of sub-section (2).

(4) If there is any inconsistency or discrepancy between, or variation in the results of, the analysis carried out by the laboratory established or recognised by the Central Board or the State Board, as the case may be, and that of the laboratory established or specified under section 51 or section 52, as the case may be, the report of the latter shall prevail.

(5) Any cost incurred in getting any sample analysed at the request of the occupier or his agent shall be payable by such occupier or his agent and in case of default the same shall be recoverable from him as arrears of land revenue or of public demand.



(1) Subject to the provisions of this section, any person empowered by a State Board in this behalf shall have a right at any time to, enter, with such assistance as he considers necessary, any place-

(a) For the purpose of performing any of the functions of the Board entrusted to him;

(b) For the purpose of determining whether and if so in what manner, any such functions are to be performed or whether any provisions of this Act or the rules made there under of any notice, order, direction or authorisation served made, given, or granted under this Act is being or has been complied with;

(c) For the purpose of examining any plant, record, register, document or any other material object or for conducting a search of any place in which he has reason to believe that an offence under this Act or the rules made thereunder has been or is being or is about to be committed and for seizing any such plant, record, register, document or other material object, if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act or the rules made there under:

Provided that the right to enter under this sub-section for the inspection of a well shall be exercised only at reasonable hours in a case where such well is situated in any premises used for residential purposes and the water thereof is used exclusively for domestic purposes.

(2) The provisions of 1*[the Code of Criminal Procedure, 1973,] (2 of 1974) or, in relation to the State of Jammu and Kashmir, the provisions of any corresponding law in force in that State, shall, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under 2*[section 94] of the said Code, or, as the case may be, under the corresponding provisions of the said law.

Explanation
.-For the purposes of this section, "place" includes vessel.

-----------------------------------------------------------------------------------------------------------------------------------------------------------

1 Subs. by Act 44 of 1978, s. 11, for "the Code of Criminal
Procedure, 1898.

2 Subs. by s. 11. ibid., for "section 98".

------------------------------------------------------------------------------------------------------------------------------------------------------------



(1) Subject to the provisions of this section,-

(a) No person shall knowingly cause or permit any poisonous, noxious or polluting matter determined in accordance with such standards as may be laid down by the State Board to enter (whether directly or indirectly) into any 1*["stream or well or sewer or no land."]

(b) No person shall knowingly cause or permit to enter into any stream any other matter which may tend, either directly or in combination with similar matters, to impede the prop flow of the water of the stream in a manner leading of likely to lead to a substantial aggravation of pollution due to other causes or of its consequences.

(2) A person shall not be guilty of an offence under sub-section (1), by reason only of having done or caused to be done any of the following acts, namely: -

(a) Constructing, improving or maintaining in or across or on the bank or bed of any stream any building, bridge, weir, dam, sluice, dock, pier, drain or sewer or other permanent works which he has a right to construct, improve or maintain;

(b) Depositing any materials on the bank or in the bed of any stream for the purpose of reclaiming land or for supporting, repairing or protecting the bank or bed of such stream provided such materials are not capable of polluting such stream ;

(c) Putting into any stream any sand or gravel or other natural deposit which has flowed from or been deposited by the current of such stream ;

(d) Causing or permitting, with the consent of the State Board, the deposit accumulated in a well pond or reservoir to enter into any stream.

(3) The State Government may, after consultation with, or on the recommendation of, the State Board, exempt, by notification in the
Official Gazette, any person from the operation of sub-section (1)
subject to such conditions, if any, as may be specified in the notification and any condition so specified may by a like notification be altered, varied or amended.

-------------------------------------------------------------------------------------------------------------------------------------------------------------

1 Subs. by Act 53 of 1988, s.11.

-------------------------------------------------------------------------------------------------------------------------------------------------------------



Subject to the provisions Of this section, no person shall, without the previous consent of the State Board,-

(a) Establish or take any steps to establish any industry operation or process, or any treatment and disposal system or any extension or addition thereto, which is likely to discharge sewage or trade effluent into a stream or well or sewer or on land(such discharge being hereafter in, this Section referred to as discharge of sewage); or

(b) Bring into use any new or altered outlet for the discharge of sewage; or

(c) Begin to make any new discharge of sewage:

Provided
that a person in the. process of taking any steps to establish any industry, operation or process immediately before the commencement of the Water (Prevention and Control of Pollution)Amendment Act, 1988 , for which no consent was necessary prior to such commencement, may continue to do so for a period of three months from such commencement or, if he has made an application for such consent, within the said period of three months, till the disposal of such application.

(2) An application for consent of the State Board under sub-section (1), shall be made in such form, contain such particulars and shall be accompanied by such fees as may be prescribed.

(3) The State Board may make such inquiry as it may deem fit in respect of the application for consent referred to in sub-section (1)and in making any such inquiry shall follow such procedure as may be prescribed.

(4) The State Board may-

(a) Grant its consent referred to in sub-section (1), subject to such conditions as it may impose, being-

(i) In cases referred to in clauses (d) and (b) of sub-section (1) of section 25, conditions as to the point of discharge of sewage or as to the use of that outlet or any other outlet or discharge of sewage;

(ii) In the case of a new discharge, conditions as to the nature and composition, temperature, volume or rate of discharge of the effluent from the land or premises from which the discharge or Dew discharge is to be made; and

(iii) That the consent will be valid only for such period as may be-specified in the order, and any such conditions imposed shall be binding an any person establishing or taking any steps to establish any industry, operation or process, or treatment and disposal system or extension or addition thereto, or using the new or altered outlet, or discharging the effluent from the land or premises aforesaid; or

(b) Refuse such consent for reasons to be recorded in writing.

(5) Where, without the consent of the State Board, any industry,operation or process, or any treatment and disposal system or any extension or addition thereto, is established, or any steps for such establishment have been taken or, a new or outlet is brought into use for the discharge of sewage or a new discharge of sewage is made, 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, or using the outlet, or 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.

(6) Every State Board shall maintain a register containing particular, of the 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 at 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 authorised by him in this behalf and the conditions so contained in such register shall be conclusive proof that the consent was granted subject to such conditions.

(7) The consent referred to in sub-section (1) shall, unless given or refused earlier, be deemed to have been given unconditionally on the expiry of a period of four months of the making of an application in this behalf complete in all respects to the State
Board.

(8) For the purposes of this section and sections 27 and 30,-

(a) The expression "new or altered outlet" means any outlet which is wholly or partly constructed on or after the commencement of this Act or which (whether so constructed or not) is substantially altered after such commencement ;

(b) The expression "new discharge" means a discharge which is not, as respects the nature and composition, temperature, volume, and rate of discharge of the effluent substantially a continuation of a discharge made within the preceding twelve months (whether by the same or a different outlet), so however that a discharge which is in other respects a 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.

-------------------------------------------------------------------------------------------------------------------------------------------------------

1 Subs. by Act 53 of 1988, s.12.

-------------------------------------------------------------------------------------------------------------------------------------------------------



Where immediately before the commencement of this Act any person was discharging any sewage or trade effluent into a 1*[stream or well or sewer or on land], the provisions of section 25 shall, so far as may be, apply in relation to such person as they apply in relation to the person referred to in that section subject to the modification that the application for consent to be made under sub-section (2) of that section 2*[shall be made on or before such date as may be specified by the State Government by notification in this behalf in the Official Gazette].

------------------------------------------------------------------------------------------------------------------------------------------------------------

1 Subs. by Act 44 of 1978, s. 13, for "stream or well".

2 Subs. by s. 13, ibid., for certain words.

-------------------------------------------------------------------------------------------------------------------------------------------------------------



(1) A State Board shall not grant its consent under subsection (4) of section 25. For the establishment of any industry, operation or process, or treatment and disposal system or extension or addition thereto, or to the bringing into use of a new or altered outlet unless the industry, operation or process, or treatment and disposal system or extension or addition thereto, or the outlet is so established as to comply with any conditions imposed by the Board to enable it to exercise its right to take samples of the effluent.

(2) 2* A State Board may from time to time review-

(a) Any condition imposed under section 25 or section 26 and may serve on the person to whom a consent under section 25 or section 26 is granted a notice making any reasonable variation of or revoking any such condition.

(b) The refusal of any consent referred to in sub-section (1) of section 25 or section 26 or the grant of such consent without any condition, and may make such orders as it deems fit.

(3) Any condition imposed under section 25 or section 26 shall be subject to any variation made under sub-section (2) and shall continue in force until revoked under that sub-section.

-----------------------------------------------------------------------------------------------------------------------------------------------------

1 Subs. by Act 44 of 1978, s. 14, for sub-section (2).

2 Subs. by Act 53 of 1988, s.13.

-----------------------------------------------------------------------------------------------------------------------------------------------------



(1) Any person aggrieved by an order made by the State Board under section 25, section 26 or section 27 may, within thirty 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:

Provided that the appellate authority may entertain the appeal after the expiry of the said period of thirty days if such authority is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(2)1* An appellate authority shall consist of a single person or three person as the State Government may think fit, to be appointed by that Government.

(3) The form and manner in which an appeal may be preferred under sub-section (1), the fees payable for such appeal and the procedure to be followed by the appellate authority shall be such as may be prescribed.

(4) On receipt of an appeal preferred under sub-section (1), the appellate authority shall, after giving the appellant and the State Board an opportunity of being heard, dispose of the appeal as expeditiqously as possible.

(5) 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.

---------------------------------------------------------------------------------------------------------------------------------------------------------

1 Subs. by Act 44 of 1978, s. 15, for sub-section (2).

---------------------------------------------------------------------------------------------------------------------------------------------------------



The State Government may at any time either of its own motion or on an application made to it in this behalf, call for the records of any case where an order has been made by the State Board under section 25 section 26 or section 27 for the purpose of satisfying itself as to the legality or propriety of any such order and may pass such order in relation thereto as it may think fit :

Provided that the State Government shall not pass any order under this sub-section without affording the State Board and the person who may be affected by such order a reasonable opportunity of being heard in the matter.

(2) The State Government shall not revise any order made under section 25, section 26 or section 27 where an appeal against that order lies to the appellate authority, but has not been preferred or where an appeal has been preferred such appeal is pending before the appellate authority.



(1) Where under this Act, any conditions have been imposed on any person while granting consent under section 25 or section 26 and such conditions require such person to execute any work in connection therewith and such work has not been executed within such time as may be specified in this behalf, the State Board may serve on the person concerned a notice requiring him within such time (not being less than thirty days) as may be specified in the notice to execute the work specified therein]

(2) If the person concerned fails to execute the work as required in the notice referred to in sub-section (1), then, after the expiration of the time specified in the said notice, the State Board may itself execute or cause to be executed such work.

(3) All expenses incurred by the State Board for the execution of the aforesaid work, to together with interest, at such rate as the State Government may by order, fix, from the date when a demand, for the expenses is made until it is paid, may be recovered by that Board from the person concerned, as arrears of land revenue, or of public demand.

-----------------------------------------------------------------------------------------------------------------------------------------------------------------

1. Subs. by Act 53 of 1988, s.14.

------------------------------------------------------------------------------------------------------------------------------------------------------------------



If at any place where any industry, operation or process, or any treatment and disposal system or any extension or addition thereto is being carried on, due to accident or other unforeseen act or event, any poisonous, noxious or polluting matter is being discharged, or is likely to be discharged into a stream or well or sewer or on land and, as a result of such discharge, the water in any stream or well is being polluted, or is likely to be polluted, then the person in charge of such place shall forthwith intimate the occurrence of such accident, act or event to the State Board and such other authorities or agencies as may be prescribed.

(2) Where any local authority operates any sewerage system or sewage works, the provisions of sub-section (1) shall apply to such local authority as they apply in relation to the person in charge of the place where any industry or trade is being carried on.

-----------------------------------------------------------------------------------------------------------------------------------------------------------------

1. Subs. by s.15, ibid.

-----------------------------------------------------------------------------------------------------------------------------------------------------------------



(1) Where it appears to the State Board that any poisonous, noxious or polluting matter is present in 1*["any stream or well or on land by reason of the discharge of such matter in such stream or well or on such land"] or has entered into that stream or well due to any accident or other unforeseen act or event, and if the Board is of opinion that it is necessary or expedient to take immediate action, it may for reasons to be recorded in writing, carry out such operations as it may consider necessary for all or any of the following purposes, that is to say,-

(a) Removing that matter from the 1*["stream or well or on land"] and disposing it of in such manner as the Board considers appropriate;

(b) Remedying or mitigating any pollution caused by its presence in the stream or well ;

(c) Issuing orders immediately restraining or prohibiting the person concerned from discharging any poisonous, noxious or polluting matter into the stream or well or on land or from making insanitary use of the stream or well.

(2) The power conferred by sub-section (1) does not include the power to construct any works other than works of a temporary character which are removed on or before the completion of the operations.

------------------------------------------------------------------------------------------------------------------------------------------------------------------

1. Subs. by Act 53 of 1988, s.16,

------------------------------------------------------------------------------------------------------------------------------------------------------------------



(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 court, 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 from go causing.

(2) On receipt of an application under sub-section (1) the court may make such order as it deems fit.

(3) Where under sub-section (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 from such stream or well, such matter, and

(ii) Authorise the Board, if the direction under clause (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 in pursuance of the authorisation 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 land revenue or of public demand.

33A 1* Power to give directions.

Notwithstanding anything contained in any other law, but subject to the provisions of this Act, and to any directions that the Central Government may give in this behalf, a Board may, in the exercise of its powers and performance of its functions under this Act, 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.

Explanation.-For the avoidance of doubts, it is hereby declared that the power to issue directions under this section include the power to direct-

(a) The closure, prohibition or regulation of any industry, operation or process; or

(b) The stoppage or regulation of supply of electricity, water or any other service.

---------------------------------------------------------------------------------------------------------------------------------------------------------------------

1. Subs. by s.17, ibid.

---------------------------------------------------------------------------------------------------------------------------------------------------------------------
Last updated on September, 2016

Find a Lawyer

Legal Hall of Fame

The current Legal Luminaries of India, the credible names in the legal circle along with those who would be the leading stars of the next decade. These are some of the reliable names in field of law. Nominate the Legal Stars of tomorrow

More

Recent Judgment


Sudha Mishra vs. Surya Chandra Mishra( R.F.A 299 of 2014

The Hon'ble High Court of Delhi in Sudha Mishra vs. Surya Chandra Mishra (R.F.A 299 of 2014)has ruled that a woman has a right over the property of her husband but she cannot claim a right to live in the house of her parents-in-law

More

Bare Acts

Helpline Law provides a user friendly compendium of Indian Law & Bare Acts. Get a complete list & detail of Indian Bare Acts, with amendments and repeals. It comes with easy-to-use features like Search by bare acts & by year. You can even email the information to yourself!

More

Have a Legal Matter ?
Need a Lawyer?

Have a Legal Matter ?

Need a Lawyer?

Male
Female