WATER (PREVENTION AND

CONTROL OF POLLUTION) ACT, 1974

 Objective
• 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
 Sec 2 - Definitions
• In this Act, unless the context otherwise
requires,-
• (a) "Board" means the Central Board or a State
Board;
• "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;
• (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
• (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;
• "stream" includes-
– (i) river;
– (ii) water course (whether flowing or for the time
being dry);
– (iii) inland water (whether natural or artificial);
– (iv) sub-terranean 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;
• "trade effluent" includes any liquid, gaseous or
solid substance which is discharged from any
premises used for carrying on any 3 [industry,
operation or process, or treatment and
disposal system], other than domestic sewage.
 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 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 [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 5 [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 not
exceeding two shall be from those referred to in clause
(c) of sub-section (2) of section 4;
• [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 as it
may, by notification in the Official Gazette, appoint, constitute a
[State Pollution Control Board,] under such name as may be
specified in the notification, to exercise the powers conferred on
and perform the functions assigned to that Board under this Act.
(2) A State Board shall consist of the following members, namely,-
(a) 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
interests of agriculture, fishery or industry or trade or any
other interest which, in the opinion of the State
Government, ought to be represented;
(e) two persons to represent the companies or
corporations owned, 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 any Union Territory the
Central Board may delegate all or any of its powers and
functions under this sub-section to such person or body
of persons as the Central Government may specify.
 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 his 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 the Chairman, to the Central Government or, as
the case may be, the State Government; and
• (b) in any other case, to the Chairman of the Board; and the seat
of the Chairman or such other member shall thereupon become
vacant.
• (5) A member of a Board, other than the member-secretary, shall
be deemed to have vacated his seat if he is absent without reason,
sufficient in the opinion of the Board, from three consecutive
meetings of the Board, [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 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 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, o
• (g) has so abused, in the opinion of the Central Government or
as the case may be, of the State Government, his position as a
member, as to render his continuance on the Board
detrimental to the interest of the general public.
(2) No order of removal shall be made by the Central
Government or the State Government, as the case may be, under
this section unless the member concerned has been given a
reasonable opportunity of showing cause against the same.
(3) Notwithstanding anything contained in sub-sections (1) and
(7) of section 5, a member who has been removed under this
section shall not be eligible for renomination as a member.
7. Vacation of seats by members - If a member of a Board
becomes subject to any of the disqualifications specified in
section 6, his seat shall become vacant.
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.
 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 organize 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) organize through mass media a comprehensive
program 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 of 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) to 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 interState 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
especially 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 discharges 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 advise 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 recognize 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
• 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.]
 18. Power 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 as the Central Government may give to it; and
– (b) every State Board shall be bound by such directions in
writing as the Central Board 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 any State Board has defaulted in complying
with any directions given by the Central Board
under subsection (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 the 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.]
 20. Power to obtain information
• (1) 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 gauge 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, 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
17[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.
 21. Power to take samples of effluents and procedure
to be followed in connection therewith

• (1) 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 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 established 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
subsection (1) of section 52.
• (4) When a sample of any sewage or trade affluent is taken for analysis
under subsection (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 wilfully 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
wilful absence of the occupier or his agent; and
• (b) the cost incurred in getting such sample analysed 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 subsection (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).
 22. Reports of the result of analysis on
samples taken under section 21
• (1) 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 form 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 subsection (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.