SectionsParticulars
Preamble
[No. 6 of 1974]An Act to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water, for the establi...
1Short title, application and commencement
(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, ...
2Definitions
In this Act, unless the context otherwise requires. –(a) "Board" means the Central Board or a State Board;(b) "Central Board" means the Central Pollution C...
3Constitution 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, B...
4Constitution 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 B...
5Terms 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 ...
6Disqualifications
(1) No person shall be a member of a Board, who –(a) is, or at any time has been adjudged insolvent or has suspended payment of his debts or has compounded...
7Vacation 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. ...
8Meeting of Board
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 ...
9Constitution of Committees
(1) A Board may constitute as many committees consisting wholly of members or wholly of other persons or partly of members and partly of other person, and fo...
10Temporary Association of persons with board for particular purposes
(1) A Board may associate with itself in such manner, and for such purposes, as may be prescribed any person whose assistance or advice it may desire to obta...
11Vacancy in Board not to invalidate acts or proceedings
No act or proceeding of a Board or any committee thereof shall be called in question on the ground merely of the existence of any vacancy in or any defect in...
11ADelegation of powers to chairman
The chairman of 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....
12Member-Secretary and officers and other employees of Board
(1) The terms and conditions of service of the member-secretary shall be such as may be prescribed.(2) The member-secretary shall exercise such powers and pe...
13Constitution of Joint Boards
(1) Notwithstanding anything contained in this Act, an agreement may be entered into -(a) by two or more Governments of contiguous States; or(b) by the Centr...
14Composition of Joint Boards
(1) A Joint Board constituted in pursuance of an agreement entered into under clause (a) of sub-section (1) of section 13 shall consist of the following memb...
15Special provision relating to giving of directions
Notwithstanding anything contained in this Act where any Joint Board is constituted under section 13, -(a) the Government of the State for which the Joint Bo...
16Functions 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 ...
17Functions 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 abat...
18Power to give Direction
In the performance of its functions under this Act –(1) (a) the Central Board shall be bound by such directions in writing as the Central Government may give...
19Power of State Government to restrict the application of the act
(1) Notwithstanding anything contained in this Act, if the State Government, after consultation with, of on the recommendation of, the State Board, is of opi...
20Power to obtains 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 i...
21Power 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...
22Reports of results 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 recognized by the Central Board or, as the cas...
23Power to entry and inspection
(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 assist...
24Prohibition on use of stream or well for disposal of polluting matter
(1) Subject to the provisions of this section, -(a) no person shall knowingly cause or permit any poisonous, noxious or polluting matter determined in accord...
25Restrictions on new outlets and new discharges
(1) 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 establis...
26Provisions regarding existing discharge of sewage or trade effluent
Where immediately before the commencement of this Act any person was discharging any sewage or trade effluent into a stream or well or sewer or on land the p...
27Refusal or withdrawal of consent by State Board
(1) A State Board shall not grant its consent under sub-section (4) of section 25 for the establishment of any industry, operation or process, or treatment...
28Appeals
(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 ...
29Revision
(1) 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...
30Power of State Board to carry out certain works
(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 su...
31Furnishing of Information to State Board and other agencies in certain
(1) 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, ...
32Emergency measures in case of pollution of stream or well
(1) Where it appears to the State Board that any poisonous, noxious or polluting matter is present in any stream or well or on land by reason of the discharg...
33Power of board to make application to courts for restraining apprehend
(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 matt...
33APower 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...
34Contributions by Central Government
The Central Government may, after due appropriation made by Parliament by law in this behalf, make in each financial year such contributions to the Central B...
35Contributions by State Government
The State Government may, after the appropriation made by the Legislature of the State by law this behalf, make in each financial year such contributions to ...
36Fund of Central Board
(1) The Central Board shall have its own fund, and all sums which may, from time to time, be paid to it by the Central Government and all other receipts (by ...
37Fund of State Board
(1) The State Board shall have its own fund, and the sums which may, from time to time, be paid to it by the State Government and all other receipts (by way ...
37ABorrowing powers of board
A Board may, with the consent of, or in accordance with, the terms of any general or special authority given to it by the Central Government or, as the case ...
38Budget
The Central Board or, as the case may be, the State Board shall during each financial year, prepare, in such form and at such as may be prescribed, a budge...
39Annual Report
(1) The Central Board shall, during each financial year, prepare, in such form as may be prescribed, an annual report giving full account of its activities u...
40Accounts and Audit
(1) Every Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by th...
41Failure to comply with directions under sub-section (2) or sub-section
(1) Whoever fails to comply with any direction given under sub-section (2) or sub-section (3) of section 20 within such time as may be specified in the direct...
42Penalty for Certain Acts
(1) Whoever -(a) destroys, pulls down, removes, injures or defaces any pillar, post or stake fixed in the ground or any notice or other matter put up, inscri...
43Penalty for contravention of provisions of Section 24
Whoever contravenes the provisions of section 24 shall be punishable with imprisonment for a term which shall not be less than one year and six months but wh...
44Penalty for contravention of Section 25 or Section 26
Whoever contravenes the provisions of section 25 or section 26 shall be punishable with imprisonment for a term which shall not be less than one year and six...
45Enhanced Penalty after previous conviction
If any person who has been convicted of any offence under section 24 or section 25 or section 26 is again found guilty of an offence involving a contraventio...
45APenalty for contravention of certain provisions of this act
Whoever contravenes any of the provisions of this Act or fails to comply with any order or direction given under this Act, for which no penalty has been elsew...
46Publication of names of offenders
If any person convicted of an offence under this Act commits a like offence afterwards if shall be lawful for the court before which the second or subsequent...
47Offences by companies
(1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was respons...
48Offences by Government Departments
Where an offence under this Act has been committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offence an...
49Cognizance of offences
(1) No court shall take cognizance of any offence under this Act except on a complaint made by -(a) a Board or any officer authorized in this behalf by it; o...
50Members, Officers and Servants of boards 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 this Act and the rules made thereunde...
51Central water laboratory
(1) The Central Government may, by notification in the Official Gazette, -(a) establish a Central Water Laboratory; or(b) specify any laboratory or institut...
52State water laboratory
(1) This State Government may, be notification in the Official Gazette, -(a) establish a State Water Laboratory; or(b) specify any laboratory or institute a...
53Analysts
(1) The Central Government may, by notification in the Official Gazette, appoint such persons as it thinks fit and having the prescribed qualifications to ...
54Report of analysts
Any document purporting to be a report signed by a Government analyst or, as the case may be, a Board analyst may be used as evidence of the facts stated the...
55Local authorities to assist
All local authorities shall render such help and assistance and furnish such information to the Board as it may require for the discharge of its functions, a...
56Compulsory Acquisition of land for the state board
Any land required by a State Board for the efficient performance of its functions under this Act shall be deemed to be needed for a public purpose and such l...
57Return and Reports
The Central Board shall furnish to the Central Government, and a State Board shall furnish to the State Government and to the Central Board such reports, ret...
58Bar of Jurisdiction
No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an appellate authority constituted under this Act i...
59Protection of action taken in good faith
No suit or other legal proceedings shall lie against the Government or any officer of Government or any member or officer of a Board in respect of anything w...
60Overriding effect
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act. ...
61Power of Central Government to Supersede the Central Board
(1) If at any time the Central Government is of opinion -(a) that the Central Board or any Joint Board has persistently made default in the performance of t...
62Power of State Government to Supersede State Board
(1) If a 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 ...
63Power of Central Government tot make rules
(1) The Central Government may, simultaneously with the constitution of the Central Board, make rules in respect of the matter specified in sub-section (2)...
64Power of State Government 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 ...
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