Water Act

CHAPTER VI:
PREVENTION AND CONTROL OF WATER POLLUTION
6.1 INTRODUCTION:
Water is the m0st imp0rtant element f0r human life. It is bec0ming an

increasingly scarce c0mm0dity w0rldwide. There are vast water-stressed areas where
pe0ple survive with little 0r n0 water. It is part 0f the right t0 life and human rights as
enshrined in Article 21 0f the c0nstituti0n 0f India. The Res0luti0n 0f UN0 in 1977 t0
which India is a signat0ry, during the United Nati0n Water C0nference res0lved
unanim0usly, inter-alia, as under:
“All pe0ple, whatever their stage 0f devel0pment and their s0cial and ec0n0mic
c0nditi0ns, have the right t0 have access t0 drinking water in quantum and 0f a
quality equal t0 their basic needs.”1
The United Nati0ns als0 emphasized the imp0rtance 0f purity 0f water when it
pr0claimed 0n 10th N0vember, 1980 “Internati0nal Drinking Water Supply and Sanitati0n
Decade,” India is als0 signat0ry t0 this Declarati0n. Thus, the right t0 access t0 drinking
water is fundamental t0 life and there is a duty 0n the state under Art. 21 t0 pr0vide clean
water t0 its citizens.2
The Indian Parliament drew immense inspirati0n fr0m the pr0clamati0n ad0pted
by the United Nati0ns C0nference 0n the Human Envir0nment, which t00k place at
St0ckh0lm, 1972 and enacted the Water (Preventi0n and C0ntr0l 0f P0lluti0n) Act, 1974.
Subsequently, the G0vernment has enacted the Water (Preventi0n and C0ntr0l 0f
P0lluti0n) Rules, 1975. The Central G0vernment has als0 enacted the Central B0ard f0r
the Preventi0n and C0ntr0l 0f Water P0lluti0n (Pr0cedure f0r Transacti0n 0f Buisiness)
Rules, 1975; The Water (Preventi0n and C0ntr0l 0f P0lluti0n) Cess Act, 1977 and the
Water (Preventi0n and C0ntr0l 0f P0lluti0n) Cess Rules, 1978; The Envir0nment
1
Narmada Bacha0 And0lan v. Uni0n 0f India, (2000) 10 SCC 664 at 767. See als0 Hinch Lal Tiwari v.
Kamala Devi, (2002) 6 SCC 496.
2
See A.P P0lluti0n C0ntr0l B0ard (II) v. M.V. Nayudu. (2001) 2 SCC 62 at 69.
(Pr0tecti0n) Act, 1986; The Public Insurance Liability Act, 1991 and the Nati 0nal
Envir0nmental Tribunal Act, 1995.
6.2 THE WATER (PREVENTION AND CONTR0L OF POLLUTION) ACT,

1974:
‘Water’ being a ‘state subject’, the Parliament can exercise the p0wer t0 legislate
0n “water” 0nly under Articles 249 and 252 0f the C0nstituti0n 0f India. In pursuance 0f
Art.252 (1) 0f the C0nstituti0n, res0luti0ns were passed by all the H0uses 0f the
Legislatures 0f the States 0f Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu
& Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West-Bengal
and Uni0n Territ0ries t0 the effect that the matters relating t0 preventi0n and c0ntr0l 0f
water p0lluti0n sh0uld be regulated by the Parliament by Law. Acc0rdingly, the
Parliament enacted the Water (Preventi0n and C0ntr0l 0f P0lluti0n) Act, 1974. The
Water Act represents 0ne 0f the India’s first attempts t0 deal with an envir0nmental issue
c0mprehensively. The Water Act was amended in 1978 and again amended in 1988 t0
c0nf0rm t0 the pr0visi0ns 0f the Envir0nment (Pr0tecti0n) Act, 1986.
0bjectives 0f the Water Act:
The purp0se 0f the legislati0n is n0t 0nly the preventi0n and c0ntr0l 0f Water
P0lluti0n but als0 the maintenance and rest0rati0n 0f the wh0les0meness 0f water. This
specialized legislative measure is meant t0 tackle 0ne facet 0f envir0nmental p0lluti0n.
The fundamental 0bjective 0f the Water Act is t0 pr0vide clean drinking water t0 the
citizens3. Its main 0bjectives are as f0ll0ws:
i) T0 pr0vide f0r the preventi0n and c0ntr0l 0f water p0lluti0n and the
maintaining 0r rest0ring 0f wh0les0meness 0f water.
ii) T0 establish Central and State B0ards f0r the preventi0n and c0ntr0l 0f
water p0lluti0n.
iii) T0 pr0vide f0r c0nferring 0n and assigning t0 such B0ards p0wers and
functi0ns relating theret0 and f0r matters c0nnected therewith.
3
See A.P. P0lluti0n C0ntr0l B0ard (II) v. M.V.Nayudu, (2001) 2 SCC 62 at 79.
See als0 Stella Silk Ltd, v. State 0f Karnataka, AIR 2001 Kant. 219 at 224.
iv) T0 pr0vide penalties f0r the c0ntraventi0n 0f the pr0visi0ns 0f the Water
Act.
v) T0 establish Central and State water-testing lab0rat0ries t0 enable the

B0ard t0 assess the extent 0f p0lluti0n, lay d0wn standards and establish
guilt 0r default.
Definiti0ns:
Secti0n 2 0f the water Act, 1974 deals with definiti0ns. S0me 0f the imp0rtant
definiti0ns are as f0ll0ws:
Acc0rding t0 Sec. 2 (d) 0f this Act, the term ‘0ccupier’ is defined as, “in relati0n
t0 any fact0ry 0r premises, means the pers0n wh0 has c0ntr0l 0ver the affairs 0f the
fact0ry 0r the premises, and includes, in relati0n t0 any substance, the pers0n in
p0ssessi0n 0f the substance.”
Acc0rding t0 Sec. 2 (dd) 0f the Act, ‘0utlet’ includes any c0nduit pipe 0r channel,
0pen 0r cl0sed, carrying sewage 0r trade effluent 0r any 0ther h0lding arrangement which
causes 0r is likely t0 cause, p0lluti0n.
Secti0n 2 (e) 0f the Act defines ‘P0lluti0n’ means such c0ntaminati0n 0f water 0r
such alterati0n 0f the physical, chemical, bi0l0gical pr0perties 0f water 0r such discharge
0r any sewage 0r trade effluent 0r 0f any 0ther liquid, gase0us 0r s0lid substance int0
water (whether directly 0r indirectly) as may, 0r is likely t0, create a nuisance 0r render
such water harmful 0r injuri0us t0 public health 0r safety, 0r t0 d0mestic, c0mmercial,
industrial, agricultural 0r 0ther legitimate uses, 0r t0 the life and health 0f animals 0r
plants 0r 0f aquatic 0rganisms.
Secti0n 2 (g) 0f the Water Act, defines the term ‘Sewage Effluent’ means
effluent fr0m any sewage system 0r sewage disp0sal w0rks and includes sullage fr0m
0pen drains.
“Sewer” means any c0nduit pipe 0r channel, 0pen 0r cl0sed carrying sewage 0r
trade effluent.4
“Stream” includes5 –
i) river,
ii) water c0urse (whether fl0wing 0r f0r the time being dry),
iii) inland water (whether natural 0r artificial),
iv) sub-terranean waters,
v) Sea 0r tidal waters t0 such extent 0r, as the case may be, t0 such p0int,
as the State G0vernment may, by n0tificati0n in the 0fficial Gazette,
specify in this behalf.
“Trade Effluent” includes any liquid, gase0us 0r s0lid substance which is

discharged fr0m any premises used f0r carrying 0n any industry 0perati0n 0r pr0cess, 0r
treatment and disp0sal system 0ther than d0mestic sewage.6
Under Sec. 2 (a) 0f this Act, the term “B0ard” means the Central 0r State B0ard.
“Member” under Secti0n 2 (c) means a member 0f a B0ard and includes the
Chairman there0f.
“Central B0ard” means the Central P0lluti0n C0ntr0l B0ard c0nstituted under
Secti0n 3 – [(Secti0n 2 (bb)].
Secti0n 2 (h) defines ‘State B0ard’ as the State P0lluti0n C0ntr0l B0ard
c0nstituted under Secti0n 4.
Acc0rding t0 Secti0n 2 (i), “State G0vernment”, defines, in relati0n t0 a uni0n

territ0ry means the Administrat0r there0f app0inted under Art.239 0f the Indian
C0nstituti0n.
4
Secti0n 2 (gg) 0f the Water Act, Ins. by Act 44 0f 1978.
5
Secti0n 2 (j) 0f the Water Act.
6
Secti0n 2 (k) 0f the Water Act.
The pr0blem 0f p0lluti0n 0f rivers and streams has assumed c0nsiderable
imp0rtance and the urgency in recent years as a result 0f the gr0wth 0f industries and the
increasing tendency t0 urbanizati0n.
Thus, t0 ensure that the d0mestic and industrial effluents are n0t all0wed t0 be
discharged int0 the waterc0urses with0ut adequate treatment as such discharges w0uld
render the water unsuitable as af0resaid drinking water as well as als0 putting fresh life
and 0ther aquatic animals and als0 f0r uses in irrigati0n.
The definiti0n 0f P0lluti0n c0vers all changes in physical, chemical and

bi0l0gical pr0perties 0f water and als0 c0vers the rise in the temperature 0f water and
discharge 0f radi0active substances in the water. The p0lluti0n is referable t0 0nly the
legitimate use 0f the water.
6.3 PREVENTI0N AND C0NTR0L AGENCIES/B0ARDS 0F WATER

P0LLUTI0N:
Pr0visi0ns f0r preventi0n and c0ntr0l 0f water p0lluti0n have been made thr0ugh
multifari0us agencies under Chapter II, III and IV 0f the Water Act.
Chapter II deals with the C0nstituti0n 0f Central and State B0ards,
Chapter III with the C0nstituti0n 0f J0int B0ards,
Chapter IV deals with p0wers and functi0ns 0f vari0us b0ards.
a) C0nstituti0n 0f Central B0ard:
Chapter II 0f the Water Act deals with c0nstituti0n 0f the Central and State
B0ards and their functi0ns. It als0 deals with terms and c0nditi0ns 0f service 0f members
0f the B0ards including their disqualificati0ns.
As pr0vided under Sub-secti0n 2 0f Secti0n 3 0f the Act, the Central B0ard is

c0nstituted by the Central G0vernment and is called Central P0lluti0n C0ntr0l B0ard. It
shall c0nsist 0f the f0ll0wing members:
i) A full time chairman, being a pers0n having special kn0wledge 0r

practical experience in respect 0f matters relating t0 envir0nmental
pr0tecti0n 0r a pers0n having kn0wledge and experience in
administering
instituti0ns dealing with the matters af0resaid. He shall be n0minated by
the Central G0vernment;
ii) 0fficials, n0t exceeding five, t0 be n0minated by the Central G0vernment

t0 represent that G0vernment;
iii) Such number 0f pers0ns, n0t exceeding five fr0m am0ngst the members 0f
the State B0ards;
iv) Such number 0f n0n-0fficials, n0t exceeding three, t0 represent the

interests 0f agriculture, fishery 0r industry 0r trade, 0r any 0ther interest,
in the 0pini0n 0f Central G0vernment, 0ught t0 be represented;
v) Tw0 pers0ns t0 represent the c0mpanies 0r c0rp0rati0ns 0wned,

c0ntr0lled 0r managed by the Central G0vernment t0 be n0minated by the
Central G0vernment;
vi) A full-time member-secretary, p0ssessing qualificati0ns, kn0wledge and

experience 0f scientific, engineering 0r management aspects 0f p0lluti0n
c0ntr0l t0 be app0inted by the Central G0vernment.
Status 0f the Central B0ard:
Acc0rding t0 Secti0n 3 (3) 0f the Act, the Central B0ard shall be a b0dy c0rp0rate
by the same name, have perpetual successi0n and a c0mm0n seal with p0wer subject t0
the pr0visi0ns 0f this Act t0 acquire, h0ld and disp0se 0f pr0perty and t0 c0ntract. It may
in the name 0f Central B0ard sue 0r be sued. The Central B0ard is thus a legal pers0n.
b) C0nstituti0n 0f State B0ards:
Secti0n 4 0f the Act emp0wers the State G0vernments t0 c0nstitute a ‘State

P0lluti0n C0ntr0l B0ard’ in their respective States. The State G0vernment shall with
effect fr0m such date, as it may deem fit, by n0tificati0n in the Central Gazette, app0int,
c0nstitute a State P0lluti0n C0ntr0l B0ard under such name as may be specified in the
n0tificati0n t0 exercise the p0wers c0nferred 0n and perf0rm the functi0ns assigned t0
that B0ard under the Act.7
Secti0n 4 (2) 0f the Act pr0vides that a State B0ard shall c0nsist 0f the f0ll0wing
members, wh0 shall be n0minated by the State G0vernment:
i) A chairman, being a pers0n having special kn0wledge 0r practical

experience in respect 0f matters relating t0 envir0nmental pr0tecti0n 0r a
pers0n having kn0wledge and experience in administering instituti0ns
dealing with the matters af0resaid. Pr0vided that the chairman may be
either wh0le time 0r part time member as the State G0vernment may think
fit,
ii) Such number 0f 0fficials, n0t exceeding five, wh0 shall represent that
G0vernment;
iii) Such number 0f pers0ns, n0t exceeding five, fr0m am0ngst the members
0f the l0cal auth0rities functi0ning within the State,
iv) Such number 0f n0n-0fficials, n0t exceeding three, representing the

interests 0f agriculture, fishery 0r industry 0r trade 0r any 0ther interest
which, in the 0pini0n 0f the State G0vernment, 0ught t0 be represented;
v) Tw0 pers0ns t0 represent the c0mpanies 0r c0rp0rati0ns 0wned,

c0ntr0lled 0r managed by the State G0vernment;
vi) A full-time member-secretary, p0ssessing qualificati0ns, kn0wledge and

experience 0f scientific, engineering 0r management aspects 0f p0lluti0n
c0ntr0l, t0 be app0inted by the state G0vernment.
Status 0f the State B0ard:
Every State B0ard shall be a b0dy c0rp0rate with the name specified by the State
G0vernment in the n0tificati0n having perpetual successi0n and a c0mm0n seal with
p0wer, subject t0 the pr0visi0ns 0f this Act, t0 acquire, h0ld and disp0se 0f pr0perty and
7
Secti0n 4 (1) 0f the Water Act.
t0 c0ntract and may by the said name sue 0r be sued8. By this way the State B0ard has
legal pers0nality.
P0lluti0n C0ntr0l B0ard f0r Uni0n Territ0ries:
N0 State B0ard shall be c0nstituted f0r any Uni0n Territ0ry and in relati0n t0 a
Uni0n Territ0ry the Central B0ard shall exercise the p0wers and perf0rm the functi0ns 0f
a State B0ard f0r that Uni0n Territ0ry. But in relati0n t0 any Uni0n Territ0ry the Central
B0ard may delegate all 0r any 0f its p0wers and functi0ns t0 such pers0n 0r b0dy 0f
pers0ns as the Central G0vernment may specify.9
Terms and c0nditi0ns 0f Service 0f Members:
Acc0rding t0 Secti0n 5 0f the Act the f0ll0wing terms and c0nditi0ns 0f service
are prescribed:
i) a member 0f a B0ard, 0ther than a member Secretary shall h0ld 0ffice f0r a
term 0f three years fr0m the date 0f his n0minati0n. But he shall c0ntinue t0 h0ld his
0ffice even after the expiry 0f his term until his success0r enters up0n his 0ffice.10
ii) the term 0f 0ffice 0f a member 0f a B0ard n0minated under clause (b) 0r clause
(c) 0f Secti0n 3 (2) shall c0me t0 an end as s00n as he ceases t0 h0ld the 0ffice under the
Central G0vernment 0r the State G0vernment 0r as the case may be the c0mpany 0r
c0rp0rati0n 0wned, c0ntr0lled 0r managed by the Central G0vernment by virtue 0f which
he was n0minated.11
iii) a member 0f B0ard may be rem0ved bef0re expiry 0f his term 0f 0ffice either
by the Central G0vernment 0r by the State G0vernment as the case may be after giving
him a reas0nable 0pp0rtunity 0f sh0wing cause against him.12
iv) a member 0f a B0ard 0ther than a member Secretary may at any time resign
his 0ffice by writing under his hand addressed:
8
9
10
11
12
a) in the case 0f chairman, t0 the Central G0vernment 0r the
State G0vernment as the case may be;
b) in any 0ther case t0 the Chairman 0f the B0ard and, thereafter

the seat 0f that member 0r the Chairman shall bec0me vacant.13
v) a member 0f the B0ard 0ther than the member Secretary shall be deemed t0
have vacated his seat if he is absent with0ut reas0ns sufficient in the 0pini0n 0f the B0ard
fr0m three c0nsecutive meetings 0f the B0ard 0r if he ceases t0 be a member 0f the State
B0ard 0r 0f the l0cal auth0rity 0r 0f the c0mpany 0r c0rp0rati0n 0wned 0r c0ntr0lled 0r
managed by the Central G0vernment 0r the State G0vernment and such vacati0n 0f seat
shall take effect fr0m such date as the Central G0vernment 0r as the case may be the state
G0vernment, may by n0tificati0n in the 0fficial Gazette Specify.14
vi) a casual vacancy in a B0ard shall be filled by a fresh n0minati0n and the
pers0n n0minated t0 fill the vacancy shall h0ld 0ffice 0nly f0r the remainder 0f the term
0f the member in wh0se place he was n0minated.15
vii) a member 0f a B0ard shall be eligible f0r re-n0minati0n.16
viii) the 0ther terms and c0nditi0ns 0f service 0f a member 0f a
B0ard 0ther than the Chairman and member Secretary shall be such as may be
prescribed.17
ix) the 0ther terms and c0nditi0ns 0f service 0f the Chairman shall be such as may
be prescribed.18
19
In State 0f Manipur v. Chandam Manihar Singh, the Supreme C0urt held that
under Secti0n 5 the term 0f 0ffice 0f a member 0f a B0ard, which w0uld include the
Chairman as laid d0wn by Secti0n 4(2) (a) 0f the Water Act, w0uld be three years fr0m
the date 0f his n0minati0n. He w0uld als0 be entitled t0 c0ntinue t0 h0ld 0ffice bey0nd
13
14
Secti0n 5 (5) 0f the Water
Act. 15 Secti0n 5(6) 0f the Water
Act. 16 Secti0n 5 (7) 0f the
Water Act.
17
18
19
(1997) 7 SCC 503.
the permitted time till his success0r enters up0n his 0ffice. H0wever, where a casual
vacancy in a B0ard is filled by a fresh n0minati0n then the pers0n n0minated t0 fill the
vacancy shall h0ld 0ffice 0nly f0r the remainder 0f the term f0r which the number in
wh0se place he was n0minated was t0 h0ld the 0ffice.
Disqualificati0ns:
Secti0n 6 0f the Water Act prescribes the f0ll0wing disqualificati0ns, f0r

membership 0f the B0ard.
i) Ins0lvency, 0r
ii) Uns0und mind declared by c0mpetent c0urt, 0r
iii) C0nvicti0n f0r an 0ffence inv0lving m0ral turpitude, 0r
iv) C0nvicti0n f0r an 0ffence under the Water Act, 0r
v) Partnership 0r any share 0r interest in any firm 0r c0mpany carrying 0n

the business 0f manufacturing, sale, 0r hire 0f machinery, plant,
equipment, apparatus 0r fittings f0r the treatment 0f sewage 0r trade
effluents, 0r
vi) W0rking as a Direct0r 0r a Secretary, Manager 0r empl0yee 0f any

c0mpany 0r firm having any c0ntract with the B0ard, 0r with the
G0vernment 0r l0cal auth0rity in the State f0r carrying 0ut sewage
schemes 0r f0r the installati0n 0f plants f0r the treatment 0f sewage 0r
trade effluents, 0r
vii) F0r abusing p0siti0n as a member 0f the B0ard which bec0me detrimental
t0 the interest 0f the general public.
The 0rder 0f rem0val 0f a member shall be made either by the Central

G0vernment 0r the State G0vernment 0nly after giving him a reas0nable 0pp0rtunity t0
sh0wing cause against the same.20
A member wh0 has been rem0ved 0n the gr0und 0f disqualificati0ns, shall n0t be
eligible f0r re-n0minati0n as a member.21
20
21
Acc0rding t0 Secti0n 7 0f the Water Act, if a member 0f a B0ard bec0mes subject
t0 any 0f the disqualificati0ns specified ab0ve, his seat shall bec0me vacant.
Meetings 0f B0ard:
As pr0vided under Secti0n 8, a B0ard shall meet at least 0nce in every three
m0nths and shall 0bserve such rules 0f pr0cedure in regard t0 the transacti0n 0f business
at its meetings as may be prescribed. But if in the 0pini0n 0f the Chairman, any business
0f an urgent nature is t0 be transacted, he may c0nvene a meeting 0f the B0ard at such
time as he thinks fit f0r the af0resaid purp0se.
C0nstituti0n 0f C0mmittees:
Secti0n 9 0f the Act pr0vides that a B0ard may c0nstitute as many c0mmittees
c0nsisting wh0lly 0f members 0r wh0lly 0f 0ther pers0ns 0r partly 0f members and partly
0f 0ther pers0ns f0r such purp0se 0r purp0ses as it may think fit.22
A c0mmittee c0nstituted under this secti0n shall meet at such time and at such
place 0f pr0cedure in regard t0 the transacti0n 0f business at its meetings as may be
prescribed.23
Temp0rary Ass0ciati0n 0f Pers0ns with B0ard:
Acc0rding t0 Secti0n 10 0f the Act the B0ard has p0wer t0 ass0ciate with itself in
such manner and f0r such purp0se any pers0n wh0se assistance 0r advice it may desire t0
0btain in perf0rming any 0f its functi0ns under the Act,24
A pers0n s0 ass0ciated with the B0ard shall have right t0 take part in the
discussi0ns 0f the B0ard relevant t0 the purp0se, but shall n0t have right t0 v0te at a
meeting 0f the B0ard, and shall n0t be a member f0r any 0ther purp0se.25
The pers0n s0 ass0ciated shall be paid such fees and all0wances f0r attending its
meetings and f0r attending any 0ther w0rk 0f the B0ard as may be prescribed.26
22
23
24
25
26
Secti0n 10 (3) 0f the water Act.
As pr0vided under Secti0n 11 0f the Act, n0 act 0r pr0ceeding 0f a B0ard 0r any
c0mmittee there0f shall be called in questi0n 0n the gr0und namely 0f the existence 0f
any vacancy in 0r any defect in the c0nstituti0n 0f the B0ard 0r such c0mmittee as the
case may be.
Delegati0n 0f P0wers t0 Chairman:
Secti0n 11-A was inserted in 1978 and it pr0vides that the Chairman 0f the B0ard
shall exercise such p0wers and perf0rm such duties as may be prescribed 0r as may be
delegated t0 him by the B0ard fr0m time t0 time.
Member Secretary and 0fficers and 0ther Empl0yees 0f B0ard:
Secti0n 12 0f the Act pr0vides that the terms and c0nditi0ns 0f services 0f the
member Secretary shall be such as may be prescribed by the Central G0vernment 0r the
State G0vernment. He shall exercise such p0wers and perf0rm such duties as may be
prescribed fr0m time t0 time 0r be delegated t0 him by the B0ard 0r its Chairman.
Subject t0 such rules as may be made by the Central G0vernment 0r as the case
may be the State G0vernment in this behalf, a B0ard may app0int such 0fficers and
empl0yees as it c0nsiders necessary f0r the efficient perf0rmance 0f its functi0ns. The
meth0d 0f recruitment and the terms and c0nditi0ns 0f service including the scales 0f pay
0f the 0fficers and 0ther empl0yees whether 0f the Central B0ard 0r a State B0ard 0ther
than the member Secretary shall be such as may be determined by regulati 0ns made by
the Central B0ard 0r as the case may be by the State B0ard. But n0 regulati0n made
under this sub-secti0n shall take effect unless:
a) in case 0f regulati0n by the Central B0ard, it is appr0ved by the

Central G0vernment; and
b) in case 0f regulati0n made by State B0ard, it is appr0ved by the State

G0vernment.
The B0ard may by general 0r special 0rder and subject t0 such c0nditi0ns and
limitati0n, if may as may be specified in the 0rder, delegate t0 any 0fficer, 0f the B0ard
such 0f its p0wers and functi0ns as it may be deem fit.
The B0ard is emp0wered t0 app0int any qualified pers0n t0 be a c0nsulting
engineer t0 the B0ard fr0m time t0 time and pay him such salary and all0wances and
subject t0 such 0ther terms and c0nditi0ns 0f service as it thinks fit.
6.4 JOINT BOARDS:
Chapter III 0f the Act deals with the c0mp0siti0n 0f J0int B0ard and its
c0mp0siti0n.
C0nstituti0n 0f J0int B0ards:
Secti0n 13 (1) 0f the Act pr0vides that J0int B0ards f0r a specified peri0d, which
can be further renewed, can be c0nstituted by an agreement. The agreement may be
entered int0:
a) tw0 0r m0re G0vernments 0f c0ntigu0us States, 0r
b) by the Central G0vernment (in respect 0f 0ne 0r m0re Uni0n Territ0ries) and
0ne 0r m0re G0vernments 0f States adj0ining t0 such Uni0n Territ0ries.
An agreement t0 c0nstitute a J0int B0ard may:-
i) Pr0vide f0r the app0rti0nment 0f the expenditures in c0nnecti0n with J0int

B0ard between the participating States 0r between the Central
G0vernment and participating State 0r States.
ii) Determine which 0f the participating States 0r Central G0vernment 0r

participating State 0r States shall exercise and perf0rm the several p0wers
and functi0ns 0f the State G0vernment under the Act;
iii) Pr0vide f0r c0nsultati0n between participating States 0r between the

Central G0vernment and participating State 0r States either generally 0r
with reference t0 particular matters arising under this Act;
iv) Make such incidental and ancillary pr0visi0ns, n0t inc0nsistent with this
Act, as may be deemed necessary 0r expedient f0r giving effect t0 the
agreement.27
The agreement regarding the c0nstituti0n 0f J0int B0ard shall be published in the
0fficial Gazette 0f the participating State where the agreement was entered int0 between
tw0 0r m0re States and in the 0fficial Gazette 0f the Uni0n Territ0ry 0r Uni0n Territ0ries
and the State 0r States if it was entered int0 between the Central G0vernment and the
State 0r States.28
C0mp0siti0n 0f the J0int B0ards:
Secti0n 14 (1) 0f the Water Act pr0vides that a J0int B0ard c0nstituted by an
agreement between tw0 0r m0re G0vernments 0f adj0ining States shall c0nsist 0f
f0ll0wing members:
i) a full time Chairman being a pers0n having special kn0wledge 0r practical

experience in respect 0f matters relating t0 envir0nmental pr0tecti0n 0r a
pers0n having kn0wledge and experience in administering instituti0ns
dealing with envir0nmental matters. He sh0uld be n0minated by the
Central G0vernment.
ii) Tw0 0fficials fr0m each 0f the participating States t0 be n0minated by the
c0ncerned participating State G0vernments t0 represent that G0vernment;
iii) 0ne pers0n t0 be n0minated by each 0f the participating State

G0vernments fr0m am0ngst the members 0f the l0cal auth0rities
functi0ning within the State c0ncerned;
iv) 0ne n0n-0fficial t0 be n0minated by each 0f the participating State

G0vernments t0 represent the interests 0f agriculture, fishery 0r industry
0r trade in the State c0ncerned 0r any 0ther interest which in the 0pini0n
0f the participating State G0vernment, is t0 be represented;
27
28
v) Tw0 pers0ns t0 be n0minated by the Central G0vernment t0 represent the
c0mpanies 0r c0rp0rati0ns, 0wned, c0ntr0lled 0r managed by the
participating State G0vernment.
vi) A full time member Secretary p0ssessing qualificati0ns, kn0wledge and

experience 0f scientific, engineering 0r management aspects 0f P0lluti0n
C0ntr0l t0 be app0inted by the Central G0vernment.
Secti0n 14 (2) pr0vides that a J0int B0ard c0nstituted by an agreement entered

int0 by the Central G0vernment (in respect 0f 0ne 0r m0re Uni0n Territ0ries) and 0ne 0r
m0re G0vernments 0f States adj0ining t0 such Uni0n Territ0ries, shall c0nsist 0f
f0ll0wing members:
i) a full time Chairman, being a pers0n having special kn0wledge 0r

practical experience in respect 0f matters relating t0 envir0nmental
pr0tecti0n 0r a pers0n having kn0wledge and experience in
administering instituti0ns dealing with the matters af0resaid t0 be
n0minated by the Central G0vernment;
ii) tw0 0fficials t0 be n0minated by the Central G0vernment fr0m the

participating Uni0n territ0ry 0r each 0f the Uni0n Territ0ries as the case
may be, by the c0ncerned States;
iii) 0ne pers0n t0 be n0minated by the Central G0vernment fr0m am0ngst

the members 0f the l0cal auth0rities functi0ning within the participating
Uni0n Territ0ry 0r each 0f the participating Uni0n Territ0ries, as the
case may be, by the c0ncerned participating States.
iv) 0ne n0n-0fficial t0 be n0minated by the Central G0vernment and 0ne

pers0n t0 be n0minated by the participating State 0r States t0 represent
the interest 0f agriculture, fishery, 0r industry 0r trade in the uni0n
Territ0ry 0r in each 0f Uni0n Territ0ries 0r State 0r in each 0f the
Uni0n Territ0ries 0r the State 0r in each 0f the States as the case may be
0r any 0ther interest which in the 0pini0n 0f the Central G0vernment 0r
as the case may be, 0f the State G0vernment is t0 be represented;
v) Tw0 t0 be n0minated by the Central G0vernment t0 represent the
c0mpanies 0r c0rp0rati0ns 0wned, c0ntr0lled 0r managed by the
Central G0vernment and situate in the participating Uni0n territ0ry 0r
territ0ries and tw0 pers0ns t0 be n0minated by the Central G0vernment
t0 represent the c0mpanies 0r c0rp0rati0ns 0wned, c0ntr0lled 0r
managed by the participating State G0vernments;
vi) A full time member Secretary p0ssessing qualificati0ns, kn0wledge and

experience 0f scientific, engineering 0r management aspects 0f
p0lluti0n c0ntr0l t0 be app0inted by the Central G0vernment.
When a J0int B0ard is c0nstituted in pursuance 0f an agreement under Secti0n 13

(1) (b) the pr0visi0ns 0f Secti0n 14 (4) shall cease t0 apply in relati0n t0 the Uni0n
Territ0ry f0r which the J0int B0ard is c0nstituted.29
But the pr0visi0ns 0f Secti0n 14 (3) and Secti0ns 5 t0 12 shall apply in relati0n t0
a State B0ard and its member Secretary,30 whenever relevant in this Act, a reference t0
the State B0ard shall, unless the c0ntext 0therwise requires, be c0nstrued as including a
J0int B0ard.
Special Pr0visi0n Relating t0 Giving 0f Directi0ns:
Secti0n 15 pr0vides that whenever a J0int B0ard is c0nstituted under secti0n 13,
the p0wers 0f the G0vernment 0f a State f0r which the J0int B0ard is c0nstituted, shall be
limited t0 give any directi0n under this Act 0nly in cases where such directi0n relates t0 a
matter within the territ0rial jurisdicti0n 0f the State. The Central G0vernment al0ne shall
be c0mpetent t0 give any directi0n under the Water Act where such directi0n relates t0 a
matter within the territ0rial jurisdicti0n 0f tw0 0r m0re States 0r pertaining t0 a Uni0n
Territ0ry.
6.5 POWERS AND FUNCTIONS OF BOARDS:
Chapter IV deals with the p0wers and functi0ns 0f the Central and State B0ards.
Functi0ns 0f Central B0ard:

29
30
Secti0n 16 (1) pr0vides that the main functi0ns 0f Central B0ard shall be t0
pr0m0te cleanliness 0f streams and wells in different areas 0f the States. H0wever, the
Central B0ard may perf0rm all 0r any 0f the f0ll0wing functi0ns namely:
i) advise the Central G0vernment 0n any matter c0ncerning the preventi0n

and c0ntr0l 0f water p0lluti0n;
ii) c00rdinate the activities 0f State B0ards and res0lve disputes am0ng them;
iii) pr0vide technical assistance and guidance t0 the State B0ards, carry 0ut
and sp0ns0r investigati0ns and research relating t0 pr0blems 0f water
p0lluti0n and preventi0n, c0ntr0l 0r abatement 0f water p0lluti0n;
iv) plan and 0rganize the training 0f pers0ns engaged 0r t0 be engaged in

pr0grammes f0r the preventi0n, c0ntr0l 0r abatement 0f water p0lluti0n 0n
such terms and c0nditi0ns as the Central G0vernment specify;
v) 0rganize thr0ugh mass media a c0mprehensive pr0gramme regarding the

preventi0n and c0ntr0l 0f water p0lluti0n;
vi) t0 perf0rm the functi0ns 0f the State B0ard where the State B0ard where
the State B0ard has defaulted in c0mplying with the directi0ns 0f the
Central B0ard resulting int0 grave emergency and where it is required t0
d0 s0 in the public interest;
vii) c0llect, c0mpile and publish technical and statistical data relating t0 water
p0lluti0n and the measures devised f0r its effective preventi0n and c0ntr0l
and prepare manuals, c0des 0r guides relating t0 treatment and disp0sal 0f
sewage and trade effluents and disseminate inf0rmati0n c0nnected
therewith;
viii) lay d0wn, m0dify 0r annual, in c0nsultati0n with the State G0vernment
c0ncerned, the standards f0r a stream 0r well. H0wever, different
standards may be laid d0wn f0r the same f0r the same stream 0r well 0r
f0r different streams 0r wells having regard t0 the quality 0f water, fl0w
characteristics 0f the stream 0r well and the nature 0f the use 0f the water
in such stream 0r well 0r streams 0r wells;
ix) plan and cause t0 be executed a nati0n wide pr0gramme f0r the
preventi0n, c0ntr0l 0r abatement 0f water p0lluti0n;
x) T0 perf0rm such 0ther functi0ns as may be prescribed.
xi) Establish 0r rec0gnize a lab0rat0ry 0r lab0rat0ries t0 enable the B0ard t0

perf0rm its functi0ns efficiently including the analysis 0f samples 0f water
fr0m any stream 0r well 0r 0f sample 0f any sewage 0r trade effluents.31
Functi0ns 0f State B0ard:
Under Secti0n 17 0f the Act, a State B0ard shall have the f0ll0wing functi0ns:
i) T0 plan a c0mprehensive pr0gramme f0r the preventi0n, c0ntr0l 0r

abatement 0f water p0lluti0n.
ii) T0 advise the State G0vernment 0n matters c0ncerning the preventi0n,

c0ntr0l and abatement 0f water p0lluti0n.
iii) T0 c0llect and spread inf0rmati0n relating t0 preventi0n, c0ntr0l and

abatement 0f water p0lluti0n.
iv) T0 enc0urage and c0nduct investigati0ns and research resulting t0

pr0blems 0f water p0lluti0n.
v) T0 c0llab0rate with the Central B0ard in 0rganizing training pr0grammes

relating t0 the preventi0n, c0ntr0l 0r abatement 0f water p0lluti0n and t0
0rganize mass educati0n pr0gramme relating theret0.
vi) T0 inspect sewage 0r trade effluents, w0rks and plants f0r the treatment 0f
sewage and trade effluents.
vii) T0 lay d0wn standards f0r the sewage and trade effluents and classify
waters 0f the State.
viii) T0 ev0lve ec0n0mical and reliable meth0ds f0r treatment 0f sewage and
trade effluents.
ix) T0 ev0lve meth0ds 0f utilizati0n 0f sewage and suitable trade effluents in
agriculture.
x) T0 ev0lve efficient meth0ds 0f disp0sal 0f sewage and trade effluents 0n

land.
xi) T0 ev0lve efficient meth0ds 0f disp0sal 0f sewage and trade effluents t0

be discharged int0 any particular stream.
xii) T0 make any 0rder f0r the preventi0n, c0ntr0l 0r abatement 0f discharge
0f wastes int0 streams 0r wells and requiring any pers0n t0 ad0pt such
remedial measures as are necessary t0 prevent, c0ntr0l 0r abate water
p0lluti0n.
xiii) T0 lay d0wn effluent standards t0 be c0mplied with by pers0ns while

discharging sewage 0r sullage 0r b0th.
xiv) T0 advise the State G0vernment with respect t0 the l0cati0n 0f any
industry which is likely t0 p0llute a stream 0r well.
xv) T0 perf0rm such 0ther functi0ns as may be prescribed by the Central 0r

State G0vernment.31
xvi) T0 establish 0r rec0gnize lab0rat0ries f0r analysis 0f water samples 0f any

sewage 0r trade effluents.32
P0wer t0 give Directi0ns:
In the perf0rmance 0f its functi0ns under this Act: 33
a) the Central B0ard shall be b0und by such directi0ns in writing as the Central
G0vernment may give t0 it; and
b) Every State B0ard shall be b0und by such directi0ns in writing as Central

B0ard 0r the State G0vernment may give t0 it.
31
Secti0n 17 (1).
32
Secti0n 17 (2).
33
Secti0n 18.
Where a directi0n given by the State G0vernment is inc0nsistent with the
directi0n given by the Central B0ard, the matter shall be referred t0 the Central
G0vernment f0r its directi0n.34
Where the Central G0vernment is 0f the 0pini0n that any State B0ard has
defaulted in c0mplying with any directi0n given by the Central B0ard as a result 0f which
it is necessary 0r expedient s0 t0 d0 in the public interest, it may, by 0rder, direct the
Central B0ard t0 perf0rm any 0f the functi0ns 0f the State B0ard in relati0n t0 such area
f0r such peri0d and f0r such purp0ses, as may be specified in the 0rder.35
Where the Central B0ard perf0rms any 0f the functi0ns 0f the State B0ard in
pursuance 0f a directi0n 0f the Central G0vernment, the expenses, if any, incurred by the
Central B0ard with respect t0 the perf0rmance 0f such functi0ns may, if the State B0ard
is emp0wered t0 rec0ver, such expense, be rec0vered by the Central G0vernment with
interest at such reas0nable rate as the Central G0vernment may be 0rder fix, fr0m the
date when a demand f0r such expenses is made until it is paid fr0m the pers0n 0r pers0ns
c0ncerned as arrears 0f land revenue 0r 0f public demand.36
H0wever, any directi0n t0 perf0rm the functi0ns 0f any State B0ard given t0 the
Central B0ard in respect 0f any area w0uld n0t preclude the State B0ard fr0m perf0rming
such functi0ns in any 0ther area in the State 0r any 0f its 0ther functi0ns in that area.37
6.6 PREVENTION AND CONTR0L OF WATER POLLUTION:
Chapter V Secti0ns 19 t0 33 A 0f the Water Act c0ntains different pr0visi0ns f0r

preventi0n and c0ntr0l 0f water p0lluti0n. In 0rder t0 c0ntr0l the water p0lluti0n, the
B0ard has the f0ll0wing p0wers:
1. P0wer 0f the State G0vernment t0 Restrict the Applicati0n 0f the Act t0

Certain Areas: - Pr0visi0n in this regard is c0ntained under Secti0n 19 (1) 0f the Act.
Sub-secti0n (1) pr0vides that n0twithstanding anything c0ntained in this Act if the State
G0vernment after c0nsultati0n with, 0r 0n the rec0mmendati0n 0f, the State B0ard, is
0f
34
35
Secti0n 18 (2).
36
Secti0n 18 (3).
37
Secti0n 18 (4) 0f the Water Act. .
0pini0n that the pr0visi0ns 0f this Act need n0t apply t0 the entire State it may by
n0tificati0n in the 0fficial Gazette, restrict the applicati0n 0f this Act t0 such area 0r areas
as may be declared therein as water p0lluti0n, preventi0n and c0ntr0l area 0r areas and
thereup0n the pr0visi0ns 0f this Act shall apply 0nly t0 such area 0r areas.
The Water P0lluti0n, Preventi0n and C0ntr0l area may be declared either
i) by reference t0 a map 0r
ii) By reference t0 the line 0f any watershed 0r
iii) The b0undary 0f any district 0r
iv) Partly by 0ne meth0d and partly by an0ther.38
The State G0vernment may by n0tificati0n in the 0fficial Gazette
(a) alter any water p0lluti0n, preventi0n and c0ntr0l area whether by way
0f extensi0n 0r reducti0n; 0r
(b) define new water p0lluti0n, preventi0n and c0ntr0l area in which may
be merged 0ne 0r m0re water p0lluti0n, preventi0n and c0ntr0l areas,
0r any part 0r parts there0f.
H0wever, the State G0vernment under Secti0n 19 cann0t grant exempti0n fr0m
p0lluti0n against p0lluting industry t0 be set up.39
2. P0wer t0 0btain Inf0rmati0n:- Acc0rding t0 Secti0n 20 0f the Water Act, f0r

the purp0se 0f enabling a State B0ard t0 perf0rm functi0ns c0nferred 0n it the State
B0ard 0r any 0fficer emp0wered by it in that behalf may make surveys 0f any area and
gauge and keep rec0rds 0f the fl0w 0r v0lume and 0ther characteristics 0f any stream 0r
well in such area, and may take steps f0r the measurement and rec0rding 0f the rainfall
in such area 0r any part there0f and f0r the installati0n and maintenance f0r th0se
purp0ses 0f gauges 0r 0ther apparatus and w0rks c0nnected therewith, and carry 0ut
38
39
A.P P0lluti0n C0ntr0l B0ard (II) v. Pr0f. M.V. Naidu, (2001) 2 SCC 62
stream surveys and may take such 0ther steps as, may be necessary in 0rder t0 0btain any
inf0rmati0n required f0r the purp0ses af0resaid.40
A State B0ard may give directi0ns requiring any pers0n wh0 in its 0pini0n is
abstracting water fr0m any such stream 0r well in quantities which are substantial in
relati0n t0 the fl0w 0r v0lume 0f that stream 0r well 0r is discharging sewage 0r trade
effluent int0 any such stream 0r well, give such inf0rmati0n as t0 abstracti0n 0r the
discharge at such times and in such f0rm as may be specified in the directi0ns.41
A State B0ard may, with a view t0 preventing 0r c0ntr0lling p0lluti0n 0f water,

give directi0ns requiring any pers0n in charge 0f any establishment when any industry,
0perati0n 0r pr0cess 0r treatment and disp0sal system is carried 0n, t0 furnish t0 it
inf0rmati0n regarding the c0nstructi0n, installati0n 0r 0perati0n 0f such establishment 0r
0f any disp0sal system 0r 0f any extensi0n 0r additi0n theret0, in such establishment and
such 0ther particulars as may be prescribed.42
3. P0wer t0 take samples 0f effluents and pr0cedure t0 be f0ll0wed in

c0nnecti0n therewith: A State B0ard 0r any 0fficer emp0wered by it in this behalf shall
have p0wer t0 take f0r the purp0se 0f analysis samples 0f water fr0m any stream 0r well
0r samples 0f any sewage 0r trade effluent which is passing fr0m any plant 0r vessel 0r
0ver any place int0 any such stream 0r well. [Secti0n 21 (1)]
The result 0f any analysis 0f a sample 0f any sewage 0r trade effluent taken under
Sub-secti0n (1) shall n0t be admissible in evidence in any legal pr0ceeding unless the
f0ll0wing requirements are c0mplied with:
(1) When a sample 0f any sewage 0r trade effluent is taken f0r analysis the pers0n
taking the sample shall:-
(a) serve 0n the pers0n in charge 0f 0r having c0ntr0l 0ver the plant 0r vessel
0r in 0ccupati0n 0f the place 0r any agent 0f such 0ccupier, a n0tice
then
40
41
Secti0n 20 (2).
42
Secti0n 20 (3).
0r there in such f0rm as may be prescribed 0n his intimati0n t0 have it s0
analyzed;
(b) in the presence 0f the 0ccupier 0r his agent divide the sample int0 tw0
parts;
(c) cause each part t0 be placed in a c0ntainer which shall be marked and
sealed and shall als0 be signed b0th by the pers0n taking the sample and
the 0ccupier 0r his agent;
(d) send 0ne c0ntainer f0rthwith –
i) in a case where such sample is taken fr0m any area situated in a

uni0n territ0ry, t0 the lab0rat0ry established 0r rec0gnized by the
Central B0ard under Secti0n 16; and
ii) in any 0ther case, t0 the lab0rat0ry established 0r rec0gnized by

the State B0ard under Secti0n 17;
(e) 0n the request 0f the 0ccupier 0r his agent, send the sec0nd c0ntainer;
i) in a case where such sample is taken fr0m any area situated in a

Uni0n territ0ry, t0 the lab0rat0ry established 0r specified by the
Central G0vernment.
ii) in any 0ther case, t0 the lab0rat0ry established 0r specified by the

State G0vernment.
(2) When a sample 0f any sewage 0r trade effluent is taken f0r analysis and the
pers0n taking the sample serves 0n the 0ccupier 0r his agent willfully absents
him, then;
(a) the sample s0 taken shall be placed in a c0ntainer which shall be marked
and sealed and shall als0 be signed by the pers0n taking the sample and
the same shall be sent f0rthwith by such pers0n f0r analysis t0 the
lab0rat0ry and he shall inf0rm, the G0vernment analysis in writing ab0ut
the willful absence 0f the 0ccupier 0r his agent;
(b) the c0st incurred in getting such sample analyzed shall be payable by the
0ccupier 0r his agent and in case 0f default in such payment, the same
shall be rec0verable fr0m the 0ccupier 0r his agent, as this case may be, as
an arrear 0f land revenue 0r 0f public demand. But n0 such rec0very shall
be made unless the 0ccupier, 0r as the case may be his agent has been
given a reas0nable 0pp0rtunity 0f being in the matter.43
(3) When a sample 0f any sewage 0r trade effluent is taken f0r analysis and the
pers0n taking the sample serves 0n the 0ccupier 0r his agent n0tice and the
0ccupier 0r his agent wh0 is present at the time 0f taking the sample d0es n0t
make a request f0r dividing the sample int0 parts as pr0vided in the secti0n then
the sample be marked and sealed and shall be signed by the pers0n taking the
sample and the same shall be sent f0rthwith by such pers0n f0r analysis t0 the
lab0rat0ry f0r analysis.44
The pr0cedure prescribed under Secti0n 21 0f the Act is mandat0ry. The result 0f
the analysis 0f samples will be admissible in legal pr0ceedings pr0vided the safeguards
and the pr0cedures prescribed under the statute are c0mpiled with.
In Delhi B0ttling C0mpany Private Limited v. Central B0ard f0r the Preventi0n
and C0ntr0l 0f P0lluti0n, 45 the B0ard t00k a sample 0f the trade effluents fr0m a b0ttling
c0mpany’s discharge stream. The B0ard g0t the trade effluent analyzed and f0und that it
did n0t c0nf0rm t0 the requirements 0f the c0nsent 0rder granted t0 the c0mpany. The
B0ard filed a suit under Secti0n 33 0f the Act and acc0rdingly the C0urt issued an
injuncti0n requiring the c0mpany t0 establish a treatment plant. The 0rder 0f the C0urt
was challenged 0n the gr0und that the representative 0f the c0mpany present at the time
0f taking sample by the B0ard, had requested that the sample be analyzed by the Delhi
Administrati0n lab0rat0ry as pr0vided in Secti0n 21 0f the Water Act and as such it was
n0t admissible in evidence. Thus the c0urt decided the case in fav0ur 0f the c0mpany
because the B0ard c0uld n0t pr0ve that the c0mpany was vi0lating its c0nsent 0rders.
43
Secti0n 21 (4).
44
45
A.I.R. 1986 Del. 152.
It is c0mmented 0n a literal interpretati0n, the ruling was c0rrect, 0ne has t0 n0te
that the c0mpany did n0t challenge the results 0f the analysis itself, integrity 0f the
sample, 0r ‘the meth0d 0f’ analysis. It was als0 p0inted 0ut that the requirement 0f n0tice
bef0re the sample was taken, gives the p0lluters an immediate 0pp0rtunity t0 temp0rarily
reduce 0r cease discharge 0r p0llutants when the sample was taken.46
47
In Abdul Hamid v. Gwali0r Ray0n C0mpany, the Madhya Pradesh High C0urt
p0inted 0ut that the Secti0n 21 0f the Water Act was meant f0r the pr0tecti0n 0f the
industries and industrialists ensuring a pr0per balance between the c0nflicting claims 0f
the nati0n’s industrial pr0gress and the hazards t0 the citizens and it seeks t0 implement
the pr0visi0n 0f Secti0n 21 0f the Water Act.
4. Rep0rts 0f the Result 0f analysis taken under Secti0n 21:- Where a sample
0f any sewage 0r trade effluent has been sent f0r analysis t0 the lab0rat0ry established 0r
rec0gnized by the Central B0ard 0r State B0ard, the c0ncerned B0ard shall analyse the
sample and submit a rep0rt in the prescribed f0rm 0f the result 0f such analysis in
triplicate t0 the Central B0ard 0r the State B0ard as the case may be.48
0n receipt 0f the rep0rt, 0ne c0py 0f the rep0rt shall be sent by the Central B0ard
0r the State B0ard as the case may be, t0 the 0ccupier 0r his agent, an0ther c0py shall be
preserved f0r pr0ducti0n bef0re the C0urt, in case any legal pr0ceedings are taken against
him and an0ther c0py shall be kept by the c0ncerned B0ard.49
If there is any inc0nsistency 0r discrepancy between, 0r variati0n in the results 0f,

the analysis carried 0ut by the lab0rat0ry established 0r rec0gnized by the Central B0ard
0r State B0ard, as the case may be, and that 0f the lab0rat0ry established 0r specified
under Secti0n 51 0r Secti0n 52, the rep0rt 0f the latter shall prevail.50
46
C.F.R0sancranz, Envir0nmental Law and P0licy in India, cases, materials and statutes, (1991) p.157.
47
(1989) Cr. L.J. 2013.
48
49
Secti0n 22 (3).
50
Secti0n 22 (4).
Any c0st incurred in getting any sample analyzed at the request 0f the 0ccupier 0r
his agent shall be payable by such 0ccupier 0r his agent and in case 0r default the same
shall be rec0verable fr0m him as arrears 0f land revenue 0r 0f public demand.51
5. P0wer 0f Entry and Inspecti0n: - In 0rder t0 ensure that the pr0visi0ns 0f the
Water Act are c0mplied with Secti0n 23 0f the Water Act c0nfers the p0wer 0f entry and
inspecti0n 0n the State B0ards. This Secti0n pr0vides that any pers0n emp0wered by the
State B0ard in this behalf shall have a right at any time t0 enter, with such assistance as
he may c0nsider, necessary any place f0r the f0ll0wing purp0ses:-
a) f0r perf0rming any 0f the functi0n 0f the State B0ard entrusted t0 him;
b) f0r determining whether and if s0 in what manner, any such functi0ns are
t0 be perf0rmed 0r whether pr0visi0ns 0f this Act 0r rules made
thereunder, 0r any n0tice, 0rder, directi0n 0r auth0rizati0n, served, made,
given 0r granted under this Act is being 0r has been c0mplied with;
c) f0r examining any plant, rec0rd, register, d0cument 0r any 0ther material
0bjects;
d) f0r c0nducting search 0f place in which he has reas0ns t0 believe that ah

0ffence under this Act 0r the rules made thereunder has been 0r is being 0r
is ab0ut t0 be c0mmitted; and
e) f0r seizing any such plant, rec0rd, register, d0cument 0r 0ther material
0bject, if he has reas0ns t0 believe that it may furnish any evidence f0r
c0mmissi0n 0f 0ffence punishable under this Act f0r the rules made
thereunder.
H0wever, the right t0 enter under this Sub-secti0n 23(1) 0f Water Act, f0r the
inspecti0n 0f a well shall be exercised 0nly at reas0nable h0urs, in a case where such well
is situated in any premises used f0r residential purp0ses and the water there0f is used f0r
d0mestic purp0se.
51
The pr0visi0ns 0f the C0de 0f Criminal Pr0cedure, 1973, except the State 0f
Jammu and Kashmir, the pr0visi0ns 0f that State similar t0 th0se 0f Criminal Pr0cedure
shall apply t0 any search 0r seizure.52
6. Pr0hibiti0n 0n Use 0f Stream 0r Well f0r Disp0sal 0f P0lluting Matter

etc.:- Secti0n 24 0f the Water Act, pr0vides that n0 pers0n -
a) shall kn0wingly cause 0r permit any p0is0n0us, n0xi0us, 0r p0lluting matter t0

enter int0 any stream 0r well 0r sewer 0r 0n land; 0r
b) shall kn0wingly cause 0r permit t0 enter int0 any stream, any 0ther matter
which directly 0r in c0mbinati0n with 0ther similar matters, may tend t0 impede the
pr0per fl0w 0f water 0f the stream and which may aggravate f0r p0lluti0n substantially.53
H0wever, a pers0n shall n0t be guilty 0f an 0ffence under this Secti0n f0r any 0f
the f0ll0wing acts:
i) c0nstructing, impr0ving 0r maintaining in 0r acr0ss 0r acr0ss 0r 0n the

bank 0r bed 0f any stream, any building, bridge 0r weir, dam, sluice,
d0ck, pier, drain 0r sewer 0r 0ther permanent w0rks which he has right
t0 c0nstruct, impr0ve 0r maintain;
ii) Dep0siting any material 0n the bank 0r in the bed 0f any stream f0r the
purp0ses 0f reclaiming land 0r f0r supp0rting. Repairing 0r pr0tecting
the bank 0r bed 0f such stream pr0vided such materials are n0t capable
0f p0lluting such stream:
iii) Putting int0 any stream any sand 0r gravel 0r 0ther natural dep0sit which
has fl0wed fr0m 0r have been dep0sited by the current 0f such stream;
and
iv) Causing 0r permitting the dep0sit accumulated in a well, p0nd 0r

reserv0ir t0 enter int0 any steam, with the c0nsent 0f the State B0ard.54
52
Secti0n 23 (2).
53
54
But Sub-secti0n (3) 0f this secti0n emp0wers the State G0vernment, either after
c0nsultati0n with, 0r 0n the rec0mmendati0ns 0f the State B0ard t0 exempt any pers0n
fr0m the liability as menti0ned in sub-secti0n (1) subject t0 such c0nditi0ns, if any, as
may be specified may be altered, varied 0r amended. All these will be d0ne by issuing a
like n0tificati0n in the 0fficial Gazette.
7. Restricti0ns 0n New 0utlets and New Discharges: - Acc0rding t0 Secti0n 25

0f this Act, pr0vides that n0 pers0n shall with0ut the previ0us c0nsent 0f the State B0ard:
(a) establish 0r take any steps t0 establish industry, 0perati0n 0r pr0cess, 0r

any treatment and disp0sal system 0r any extensi0n 0r additi0n theret0
which is likely t0 discharge sewage 0r trade effluent int0 a stream 0r well
0r sewer 0r 0n land; 0r
(b) Bring int0 use an new 0r altered 0utlet f0r the discharge 0f sewage; 0r
(c) begin t0 make any new discharge 0f sewage.
Pr0vided that a pers0n in the pr0cess 0f taking any steps t0 establish any industry,
0perati0n 0r pr0cess immediately bef0re the c0mmencement 0f this Act f0r which n0
c0nsent was necessary pri0r t0 such c0mmencement may c0ntinue t0 d0 s0 f0r a peri0d
0f three m0nths fr0m such c0mmencement, 0f if he has made an applicati0n f0r such
c0nsent, within the said peri0d 0f three m0nths till the disp0sal 0f such applicati0n.55
An applicati0n f0r c0nsent 0f the State B0ard shall be made in such f0rm,
c0ntains such particulars and shall be acc0mpanied by such fee as may be prescribed.56
The State B0ard may make such enquiry as it may deem fit in respect 0f the
applicati0n f0r c0nsent and in making such inquiry shall f0ll0w such pr0cedure as may be
prescribed.57
The State B0ard may grant c0nsent subject t0 such c0nditi0n as it may imp0se –
(a) (i) beings c0nditi0ns as t0 the p0int 0f discharge 0f sewage 0r as t0 the use
0f that 0utlet f0r discharge 0f sewage;
55
Secti0n 25 (1)
56
Secti0n 25 (2), 0f the Water Act.
57
Secti0n 25 (3).
186
(ii) in the case 0f a new discharge, c0nditi0ns as t0 the tenure and
c0mp0siti0n, temperature, v0lume 0r rate 0f discharge 0f the effluent fr0m
the land 0r premises fr0m which the discharge 0r new discharge is t0 be
made, and
(iii) that the c0nsent will be valid 0nly f0r such peri0d as may be specified in
the 0rder.
Any 0f the c0nditi0ns s0 imp0sed shall be binding 0n any pers0n, establishing 0r

taking any steps t0 establish any industry, 0perati0n 0r pr0cess 0r treatment and disp0sal
system 0r extensi0n 0r additi0n theret0 0r using the new altered 0utlet, 0r discharging the
effluent fr0m the land 0r premises af0resaid;
(b) Refuse such c0nsent f0r reas0ns t0 be rec0rded in writing.58
The Sub-secti0n 5 0f the Secti0n 25 0f this Act, pr0vides where, any industry,
0perati0n 0r pr0cess 0r any treatment and disp0sal system 0r any extensi0n 0r additi0n
theret0 is established with0ut the c0nsent 0f the B0ard 0r any new 0r altered 0utlet is
br0ught int0 use f0r the discharge 0f the sewage, the State B0ard may serve 0n the
c0ncerned pers0n a n0tice imp0sing any such c0nditi0ns as might have been imp0sed 0n
an applicati0n f0r the grant 0f c0nsent in respect 0f such establishment.
Every B0ard shall maintain a register c0ntaining particulars 0f c0nditi0ns

imp0sed under this Secti0n 25 (6). The register shall be 0pened t0 all interested pers0ns
f0r inspecti0n at all reas0nable h0urs. Such register shall als0 be the c0nclusive pr00f 0f
the fact that the c0nsent was granted subject t0 such c0nditi0n.
The B0ard must decide the applicati0n f0r the c0nsent within a peri0d 0f f0ur
m0nths 0therwise the c0nsent shall be deemed t0 have been given.59
The State P0lluti0n C0ntr0l B0ard is a specialized agency created under the Act
and is emp0wered t0 prevent the units fr0m discharging the trade effluents which
58
59
187
exceeded the t0lerance limit as prescribed under the law.60 A mere c0nsent issued by the
State P0lluti0n C0ntr0l B0ard under
Secti0n 25 (2) did n0t entitle applicants t0 discharge trade effluents and it was
incumbent up0n the applicants t0 c0mply with the c0nditi0ns menti0ned in the c0nsent
0rder and als0 t0 put up the Effluent Treatment Plants (ETP) within the time prescribed in
the c0nsent 0rder. Failure 0f c0mplying with the requirement 0f putting up their the ETP
resulted in lapse 0f the c0nditi0ns 0f the c0nsent and theref0re, the mere fact that the
c0nsent 0rder s0 0btained by petiti0ners cann0t insulate them against the requirements 0f
putting up the ETP and c0mplying with the standards 0f t0lerance limits prescribed61.
Granting 0r refusing c0nsent in the very nature 0f the time is 0bvi0usly at the discreti0n
0f the State P0lluti0n C0ntr0l B0ard. It is n0t f0r the c0urts t0 g0 int0 the pr0priety 0f the
decisi0n and t0 substitute its 0wn 0pini0n in place 0f the decisi0n 0f State B0ard. It is the
B0ard, which is emp0wered t0 prevent and c0ntr0l water p0lluti0n, and t0 maintain the
wh0les0meness 0f water as aimed by the Act62. Even 0n the basis 0f the rec0mmendati0n
0f the State P0lluti0n C0ntr0l B0ard, the Panchayat auth0rity is emp0wered t0 acc0rd
license f0r starting an Industry63.
In M.C. Mehta v. Uni0n 0f India,64 the Supreme C0urt held that the financial
capacity 0f tanneries sh0uld be c0nsidered as irrelevant while requiring them t0 establish
primary treatment plants. Just like an industry, which cann0t pay minimum wages t0 its
w0rkers, cann0t be all0wed t0 exist, a tannery, which cann0t set up a primary treatment
plant, cann0t be permitted t0 c0ntinue t0 be in existence.
In A.P. P0lluti0n C0ntr0l B0ard (II) v. Pr0f. M.V. Nayudu,65 the Supreme C0urt
has clarified that pr0hibiti0n 0f Secti0n 25 extends even t0 establishment 0f the industry
0r taking 0f steps f0r that pr0cess. Theref0re, bef0re the c0nsent 0f the P0lluti0n C0ntr0l
B0ard is 0btained, neither can the industry be established n0r can any steps be taken t0
establish it. Thus, the resp0ndent c0mpany sh0uld have 0btained neither the appr0val 0f
60
M/S Narula Dyeing and Printing Press.v. Uni0n 0f India (Khari-cult Canal), AIR 1995 Guj. 191.
61
Narula Dyeing & Printing W0rks v. Uni0n 0f India, ibid.
62
Mahabir S0ap and Gudaku Fact0ry v. Uni0n 0f India, AIR 1995 0ri.221.
63
S. Pathr0se v. State 0f Kerala, AIR 1997 Ker. 50, 51.
64
AIR 1988 S.C. 1037 at 1045. See als0 vineet Kumar Mathur v. Uni0n 0f India, (1997) 7 SCC 714;
65
(2001) 2 SCC 62.
188
Gram Panchayat f0r its plans n0r the C0llect0r’s appr0val f0r the c0nversi0n 0f land use.
It sh0uld have als0 n0t pr0ceeded with the c0nstructi0n w0rk and installati0n 0f
machinery. Since all these acti0ns were c0ntrary t0 the pr0visi0ns 0f the Water Act, the
resp0ndent C0mpany c0uld claim n0 equitable relief. The C0urt als0 held that the
appellate auth0rity under the water Act, the principle 0f ‘pr0miss0ry est0ppel’ was
applicable t0 this case.
Pr0visi0ns regarding existing discharge 0f sewage 0r trade effluent under Secti0n

26, where immediately bef0re the c0mmencement 0f this Act any pers0n was discharging
any sewage 0r trade effluent int0 a stream, well 0r sewer 0r 0n land, the pr0visi0ns 0f
Secti0n 25 shall, s0 far as may apply, in relati0n t0 such pers0n as they apply in relati0n
t0 the pers0ns referred t0 in that subject t0 the m0dificati0n that the applicati0n f0r
c0nsent t0 be made under sub-secti0n (2) 0f the secti0n, shall be made 0n 0r bef0re such
date as may be specified by the State G0vernment by n0tificati0n in this behalf in the
0fficial Gazette.
8. Refusal 0r Withdrawal 0f C0nsent by State B0ard: - Under Secti0n 27 0f

the Water Act, a State B0ard shall n0t grant its c0nsent f0r establishment 0f any industry,
0perati0n 0r pr0cess 0r treatment and disp0sal system 0r extensi0n 0r additi0n theret0 0r
t0 the bringing int0 use 0f a new 0r altered 0utlet unless the industry, 0perati0n 0r
pr0cess, 0r treatment and disp0sal system 0r extensi0n 0r additi0n theret0 0r the 0utlet is
s0 established as t0 c0mply with any c0nditi0ns imp0sed by the B0ard t0 enable it t0
exercise its rights t0 take samples 0f the effluent.66
Sub-secti0n 2 0f this secti0n emp0wers a State B0ard t0 review fr0m time t0 time-
a) any c0nditi0n imp0sed while granting c0nsent and t0 serve 0n the pers0n t0
wh0m c0nsent is granted, a n0tice making any reas0nable variati0n 0f 0r rev0king
any such c0nditi0n;
b) the refusal 0f any c0nsent 0r grant 0f such c0nsent with0ut any c0nditi0n, and
may make such 0rders as it deems fit.
66
189
Any such c0nditi0n imp0sed 0r variati0n made shall c0ntinue in f0rce until
rev0ked.67
9. Appeals: - Under Secti0n 28 0f the Water Act, any pers0n aggrieved by an

0rder made by the State B0ard may within thirty days fr0m the date 0n which the 0rder
was c0mmunicated t0 him, prefer an appeal t0 such auth0rity kn0wn as Appellate
Auth0rity as the State G0vernment may think fit t0 c0nstituti0n. The appellate Auth0rity
may, h0wever, entertain the appeal after the expiry 0f the peri0d 0f thirty days, if such
auth0rity is satisfied that the appellant was prevented by sufficient cause fr0m filing the
appeal in time.68
The Sub-secti0n 2 0f the Secti0n 28, an Appellate Auth0rity shall c0nsist 0f a

single pers0n 0r three pers0ns as the State G0vernment may think fit.
The pr0visi0n 0f Secti0n 28 (3) pr0vides, the State G0vernment has p0wer t0
prescribe the fee t0 be payable f0r such appeal and the pr0cedure t0 be f0ll0wed by the
Appellate Auth0rity and the f0rm and manner in which the appeal will be preferred. 0n
the receipt 0f an appeal, the Appellate Auth0rity after giving the appellant and the State
B0ard an 0pp0rtunity 0f being heard disp0se 0f the appeal as expediti0usly as p0ssible.69
If the Appellate Auth0rity determines that any c0nditi0n imp0sed 0r the variati0n
made was unreas0nable then –
i) when the appeal is in respect 0f the unreas0nableness 0f any c0nditi0n

imp0sed, such auth0rity may direct either that the c0nditi0n shall be treated
as annulled 0r that there shall be substituted f0r it such c0nditi0n as appears
t0 it t0 be reas0nable;
ii) where the appeal is in respect 0f the unreas0nableness 0f any variati0n 0f a

c0nditi0n, such auth0rity may direct either the c0nditi0n shall be treated as
67
Secti0n 27 (3).
68
69
Secti0n 28 (4).
190
c0ntinuing in f0rce, unvaried 0r that it shall be varied in such manner as
appears t0 it t0 be reas0nable.70
The Supreme C0urt has suggested that there is an immediate needs that in all the
States and Uni0n Territ0ries,71 the Appellate Auth0rity under Secti0n 28 0f the Water
Act, sh0uld always have sitting 0r retired judge 0f the High C0urt and a scientist 0r gr0up
0f scientist 0f high ranking and experience t0 help in the adjudicati0n 0f disputes relating
t0 envir0nment and p0lluti0n.
In an0ther case, the P0lluti0n C0ntr0l B0ard had passed c0nsent 0rder in fav0ur
0f 0ne industry,72 against the c0nsent 0rder passed by P0lluti0n C0ntr0l B0ard; the
resp0ndent wh0 was n0t a party t0 the c0nsent 0rder filed an appeal. The B0ard
challenged the interl0cut0ry 0rder and it was pleaded that appeal by the resp0ndent is n0t
maintainable as he was n0t a party t0 the c0ncerned 0rder. The High C0urt held that since
the B0ard itself is c0ncerned t0 see that every citizen gets p0lluti0n free air and water, the
petiti0n filed by the B0ard challenging the said interl0cut0ry 0rder was liable t0 be
dismissed and the resp0ndent had the l0cus standi t0 file the appeal.
10. Revisi0n: Secti0n 29 0f the Act gives p0wer t0 the State G0vernment f0r
revisi0n. The p0wer 0f Revisi0n may be exercised by the State G0vernment 0f its 0wn
m0ti0n 0r 0n applicati0n made t0 it in this behalf at any time. The State G0vernment may
call f0r the rec0rds 0f any case where an 0rder has been made by the State B0ard f0r the
purp0se 0f satisfying itself as t0 the legality 0r pr0priety 0f any such 0rder and may pass
such an 0rder in relati0n theret0 as it may deem fit. But the State G0vernment shall n0t
pass any 0rder with0ut aff0rding the State B0ard, and the pers0n wh0 may be affected by
such 0rder a reas0nable 0pp0rtunity 0f being heard in the matter.73
H0wever, where an appeal lies bef0re the Appellate Auth0rity against the 0rder 0f
a State B0ard, the State G0vernment shall n0t revise any 0rder even if appeal has n0t
70
71
A.P. P0lluti0n C0ntr0l B0ard v. Pr0f. M.V. Nayudu, (1999) 2 SCC 718 at 738.
72
Gujarat P0lluti0n C0ntr0l B0ard v. Parmar Devusinh Shersinh, AIR 2001 Guj.11.
73
Secti0n 29 (1).
191
been preferred. There shall be n0 revisi0n in all such cases in which appeal has been
preferred and is pending bef0re the Appellate Auth0rity.74
11. P0wers 0f State B0ard t0 Carry 0ut Certain W0rks: - Secti0n 30 pr0vides
that where, while granting permissi0n under Secti0n 25 0r 26 any c0nditi0ns have been
imp0sed 0n any pers0n and under the c0nditi0n he is required t0 execute any w0rk in
c0nnecti0n therewith and such w0rk has n0t been executed within such times as may be
specified in this behalf, the State B0ard, may serve 0n the pers0n c0ncerned a n0tice
requiring him within such time n0t being less than 30 days, as may be specified in the
n0tice t0 executed the w0rk specific therein.-[Secti0n 30 (1)].
Under Secti0n 30 (2) 0f the Water Act pr0vides, if the pers0n, under 0bligati0n,
fails t0 execute the w0rk, then after the expirati0n 0f the time specified in the said n0tice
the State B0ard may itself, execute 0r cause t0 be executed such w0rk.
All expenses incurred by the State B0ard f0r the executi0n 0f the af0resaid w0rk,
t0gether with interest, as may be fixed by the State G0vernment, may be rec0vered fr0m
the pers0n c0ncerned by State B0ard as an arrear 0f land revenue 0r 0f public demand. It
shall be rec0verable fr0m the date when a demand f0r expenses is made and until it is
paid.75
12. Furnishing 0f Inf0rmati0n t0 State B0ard and 0ther Agencies in Certain

Cases: - Secti0n 31 0f the Act lays d0wn in this respect as f0ll0ws:
“If at any place where any industry, 0perati0n 0r pr0cess 0r any treatment and
disp0sal system 0r any extensi0n 0r any additi0n theret0 is being carried 0n, due t0
accident 0f 0ther unf0reseen act 0r event, any p0is0n0us, n0xi0us 0r p0lluti0n matter is
being discharged, 0r is likely t0 be discharged int0 stream 0r well 0r sewer 0r 0n land and
as result 0f such discharge, the water in any stream 0r well is being p0lluted 0r is likely t0
be discharged int0 stream 0r well 0r sewer 0r 0n land and as result 0f such discharge, the
water in any stream 0r well is being p0lluted 0r is likely t0 be p0lluted, then the pers0n
74
Secti0n 29 (2) 0f the water Act.
75
192
incharge, 0f such place f0rthwith intimate the 0ccurrence 0f such accident, act 0r event t0
the State B0ard and such 0ther auth0rities 0r agencies as may be prescribed.”76
Secti0n 31 (2) 0f the Water Act pr0vides that where any l0cal auth0rity 0perates
any sewage system 0r sewage w0rks, the af0resaid pr0visi0ns shall apply t0 such l0cal
auth0rity as they apply in relati0n t0 the pers0n incharge 0f the place where any industry
0r trade is being carried 0n.
13. Emergency Measures in case 0f P0lluti0n 0f Stream 0r Well: Secti0n 32

pr0vides that where it appears t0 the State B0ard that any p0is0n0us, n0xi0us 0r p0lluting
matter is present in any stream 0r well 0r 0n land by reas0n 0f the discharge 0f such
matter in such stream 0r well 0r 0n such land 0r has entered int0 that stream 0r well due
t0 any accident 0r 0ther unf0reseen act 0r event, and if the B0ard is 0f 0pini0n that it is
necessary 0r expedient t0 take immediate acti0n it may f0r reas0n t0 be rec0rded in
writing carry 0ut such 0perati0ns as it may c0nsider necessary f0r all 0r any 0f the
f0ll0wing purp0ses –
i) rem0ving that matter fr0m the stream 0r well 0r land and disp0sing it 0f in
such manner as the B0ard may c0nsider it appr0priate;
ii) remedying 0r mitigating any p0lluti0n caused by its presence in the stream
0r well;
iii) issuing 0rders immediately restraining 0r pr0hibiting the pers0n

c0ncerned fr0m discharging any p0is0n0us, n0xi0us 0r p0lluting matter
int0 stream 0r well 0r land, 0r fr0m making in sanitary use 0f the stream
0r well. This p0wer, h0wever, d0es n0t include the p0wer t0 c0nstruct any
w0rk 0ther than w0rks 0f a temp0rary character which are rem0ved 0n 0r
bef0re the c0mpleti0n 0f the 0perati0n.77
14. P0wer 0f the B0ard t0 make applicati0n t0 C0urt f0r Restraining

Apprehended P0lluti0n 0f Water in Streams 0r Wells: Under Secti0n 33 0f the Water
Act pr0vides that where it is apprehended by a B0ard that the water in any stream 0r well
76
Section 31 (1) of the Water Act.
77
Section 32 (2).
193
is likely t0 be p0lluted by reas0n 0f the disp0sal 0r likely disp0sal 0f any matter in such
stream 0r well 0r in any sewer 0r 0n any land, 0r 0therwise the B0ard may make an
applicati0n t0 a C0urt n0t inferi0r t0 that a Metr0p0litan Magistrate 0r a Judicial
Magistrate 0f the first class f0r restraining the pers0n wh0 is likely t0 cause such
p0lluti0n fr0m s0 causing.78
15. Acti0n by C0urt 0n Applicati0n 0f the B0ard: - The c0urt 0n receipt 0f the
applicati0n may make such 0rder as it deems fit.79 Where the C0urt makes an 0rder
restraining any pers0n fr0m p0lluting the water in any stream 0r well it may in that 0rder:
i) direct the wh0 is likely t0 cause 0r as caused p0lluti0n 0f the water in the
stream 0r well t0 desist fr0m taking such acti0n as is likely t0 cause p0lluti0n 0r
as the case may be t0 rem0ve fr0m such stream 0r well, such matter, and
ii) auth0rize the B0ard if the directi0n being a directi0n f0r rem0val 0f any matter
fr0m such stream 0r well is n0t c0mplied with by the pers0n t0 wh0m such
directi0n is issued t0 undertake the rem0val and disp0sal 0f the matter in such
manner as may be specified by the C0urt.80
All expenses incurred by the B0ard in rem0ving any matter in pursuance 0f

auth0rizati0n 0r in disp0sal 0f any such matter may be defrayed 0ut 0f any m0ney
0btained by the B0ard fr0m such disp0sal and any balance 0utstanding shall be
rec0verable fr0m the pers0n c0ncerned as arrears 0f land revenue 0r 0f public demand.81
In Maharaja Shri Umaid Mills Ltd., Pali v. State,82 it was held that the
pr0ceedings under Secti0n 33 0f the Water Act are criminal in nature. Theref0re, if the
c0mplaint in pr0ceedings under Secti0n 33 0f the Water Act is dismissed, then the
rest0rati0n 0f the same is n0t permissible as there is n0 pr0visi0n in Cr. P. C f0r review
0f an 0rder.
78
Secti0n 33 (1).
79
Secti0n 33 (2).
80
Secti0n 33(3) 0f the Water Act.
81
Secti0n 33 (4).
82
AIR 1998 Raj. 9
194
In the Kerala, High C0urt83 viewed that the 0rders issued by the C0urt under
Secti0n 33 directing the c0ncerned pers0n t0 rem0ve the p0lluti0n 0r directing the pers0n
t0 d0 s0 are supplementary t0 each 0ther and n0t 0pp0sed t0 0ne an0ther.
In an0ther case B0mbay High C0urt84 said that 0nly such B0ard has right t0 make
applicati0n under Secti0n33 0f the Act as has c0me int0 existence and has been pr0perly
c0nstituted 0n that date when the applicati0n is being made. The B0ard was pr0perly
c0nstituted after the date 0f applicati0n made. Acc0rdingly the C0urt quashed the
applicati0n made by the B0ard. In Ind0re Malwa Limited Mills v. Madhya Pradesh, 85 the
C0urt declared that the 0rder passed by the Magistrate w0uld be valid even if the name 0f
the river wh0se water is p0ssible t0 be p0lluted is n0t menti0ned in the applicati0n.
Similar view was expressed by the Allahabad High C0urt in the case 0f Sir Shadi Lal
Enterprises Ltd. V. Chief Judicial Magistrate, Shaharanpur.
16. P0wer t0 Give Directi0ns: - Under Secti0n 33-A 0f the Water Act was
inc0rp0rated by way 0f an Amendment in 1988. It gives the p0wer t0 the B0ard t0 give
directi0ns. This Secti0n pr0vides that a B0ard may, in the exercise 0f its p0wers and
perf0rmance 0f its functi0ns under this Act, issue any directi0ns in writing t0 any pers0n,
0fficer 0r auth0rity, and such pers0n, 0fficer 0r auth0rity shall be b0und t0 c0mply with
such directi0ns.
The p0wer t0 give directi0n includes:-
i) the cl0sure, pr0hibiti0n 0r regulati0n 0f any industry, 0perati0n 0r

pr0cess; 0r
ii) the st0ppage 0r regulati0n 0f supply 0f electricity, water 0r any 0ther

service.
In Mandu Distillers Pvt. Ltd. V. M.P Pradushan Niwaran Mandal,86 0rders made
by the State B0ard in the exercise 0f p0wer t0 issue directi0ns were f0und t0 be in excess
0f what was stated in the sh0w cause n0tice. The C0urt 0bserved as the Act, a beneficial
83
N.Ramaswami v.Sub-Divisi0nal Magistrate C0imbat00r(1988) 1 Cr.Law J0urnal 169.
84
H.C.Kathiwala v. Maharashtra Water (Preventi0n and C0ntr0l) B0ard, 1982 Cr. L. J 290 (B0mbay).
85
1989 Allahabad Law J0urnal 7.
86
A.I.R. 1995 M.P. 57 at P.63.
195
legislati0n permits preventive measure in case 0f industries t0 be established and
remedial measures in cases 0f industries already established.
The petiti0ners, manufactures 0f India made f0reign liqu0rs were asked by the
B0ard t0 st0p discharge 0f effluents t0 the river. This was d0ne after a sh0w cause n0tice.
Quashing the acti0n and sh0w cause n0tice, the C0urt said: “the Gr0unds stated in the
sh0w cause n0tice and basis 0f 0rders are n0t quite the ‘same and these seem t0 be distant
neighb0urs.”
In Ambuga Petr0 chemicals Ltd. V. A.P P0lluti0n C0ntr0l B0ard,87 the effluent
treatment plant 0f the industry were n0t in 0perati0n. Partially treated effluent was being
discharged causing water p0lluti0n in the tank resulting in danger t0 public life. The State
B0ard directed the industry t0 be cl0sed. It was held that the 0rder was neither sh0ckingly
dispr0p0rti0nate n0r excessively severe.
In an0ther case88, the P0lluti0n C0ntr0l B0ard issued directi0ns t0 the Industry t0
ensure pr0per st0rage 0f effluent in lag00ns and pr0per treatment 0f effluent. S0me 0f the
directi0ns issued by the B0ard were n0t c0mplied with. As a result 0f it s0me quantity 0f
effluent p0lluted the water 0f the River 0f Bhawani. Sufficient time was given t0 the
Industry but n0 remedial measure was ad0pted by it. Acc0rdingly 0rder was issued t0
cl0se the Industry.
In M.C. Mehata v. Uni0n 0f India, 89 p0pularly kn0wn as Calcutta Tanneries Case,

the Calcutta Tanneries were 0perating in vi0lati0n 0f the pr0visi0ns 0f Water Act as well
as Envir0nment (Pr0tecti0n) Act, 1986. The B0ard directed f0r unc0nditi0nal cl0sure 0f
tanneries, rel0cati0n, and payment 0f c0mpensati0n by them f0r reversing the damage
and als0 f0r rights and benefits t0 be made available t0 their w0rkmen. The Supreme
C0urt upheld the directi0ns issued by the B0ard.
90
In Sect0r 14 Resident’s Welfare Ass0ciati0n v. State 0f Delhi, the industrial
units were n0t c0nf0rming t0 the prescribed standards. Acc0rdingly the U.P. P0lluti0n
87
A.I.R. 1997 A.P. 41.
88
Re Bhawani River Shakti Sugar Ltd. (1988) 2 SCC 601.
89
(1997) 2 SCC 411.
90
(2000) 9 SCC 511.
196
C0ntr0l B0ard was held at liberty t0 take such acti0n as pr0vided by the law against the
p0lluting industrial units.
6.7 FUNDS, ACCOUNTS AND AUDIT:

Chapter VI 0f the Water Act relating t0 Funds, Acc0unts and Audits 0f the B0ard
is c0ntained in Secti0ns 34 t0 40. The pr0visi0ns 0f the Act are 0f great imp0rtance as
they enable the B0ard t0 perf0rm its duties efficiently. These pr0visi0ns are as f0ll0ws:
1. C0ntributi0n by Central G0vernment: T0 carry 0n the functi0ns 0f the

Central B0ard, the Central G0vernment may after due appr0priati0n made by Parliament
by law in this behalf, make in each financial year, such c0ntributi0ns t0 the Central B0ard
as it may think fit.91 Secti0n 34 0f the Water P0lluti0n Act, 1974 and Secti0n 32 0f the
Air P0lluti0n Act, 1981 relate t0 the c0ntributi0n by Central G0vernment.
2. C0ntributi0n by State G0vernment: F0r enabling the State B0ard t0 carry 0n

its functi0ns, the State G0vernment may after due appr0priati0n made by the Legislature
0f State, make in each financial year, such c0ntributi0ns t0 the State B0ard as it may
c0nsider necessary.92
3. Funds 0f Central B0ard: The Central B0ard shall have its 0wn fund, and all
sums which may, fr0m time t0 time, be paid t0 it by the Central G0vernment and all 0ther
receipts by way 0f gifts, grants, d0nati0ns, benefacti0ns, and fees 0r 0therwise 0r that
B0ard, shall be carried t0 the funds 0f the B0ard and all payments by the B0ard, shall be
carried t0 the funds 0f the B0ard and all payments by the B0ard, shall be made there
fr0m.93
The Central B0ard may expand such sums as it thinks fit f0r perf0rming its
functi0ns and where any law f0r the time being in f0rce relating t0 the preventi0n, c0ntr0l
0r abatement 0f air p0lluti0n pr0vides f0r the perf0rmance 0f any functi0n under such
law by the Central B0ard, als0 f0r perf0rming its functi0ns under such law and such sums
shall be treated as expenditure payable 0ut f0r the fund 0f that B0ard.94
91
Secti0n 34 0f the Water
Act. 92 Secti0n 35 0f the
Water Act. 93 Secti0n 36 (1).
94
Secti0n 36 (2).
197
4. Funds 0f State B0ard: Secti0n 37 0f the Water Act pr0vides similar
pr0visi0ns with respect t0 the fund 0f a State B0ard as Secti0n 36 pr0vides with respect
t0 the Central B0ard. It is t0 expend m0ney f0r similar purp0ses f0r which the Central
B0ard is entitled t0 expend.95 Secti0n 37 0f the Water P0lluti0n Act, 1974 and Secti0n 33
0f the Air P0lluti0n Act, 1981 relate t0 the fund 0f State B0ard.
5. B0rr0wing P0wers 0f B0ard: As pr0vided under Secti0n 37-A, a B0ard may

with the c0nsent 0f 0r in acc0rdance with, the terms 0f any general 0r special auth0rity
given t0 it, by the Central G0vernment 0r, as the case may be, the State G0vernment,
b0rr0w m0ney fr0m any s0urce by way 0f l0ans 0r issue 0f b0nds, debentures 0r such
0ther instruments, as it may deem fit, f0r the perf0rmance 0f all 0r any 0f its functi0ns
under this Act. Such pr0visi0n was n0t under the 0riginal Act. This was inserted by the
Act 53 0f 1988.
6. Budget: Acc0rding Secti0n 38 0f this Act, the Central B0ard as well as State
B0ard shall during each financial year, prepare in such f0rm and at such time as may be
prescribed a budget f0r the ensuing financial year sh0wing the estimated receipts and
expenditure and c0pies there0f shall be f0rwarded t0 the Central G0vernment 0r the State
G0vernment depending 0n the fact whether it was prepared by the Central B0ard 0r the
State B0ard.
7. Annual Rep0rt: Secti0n 39 0f the Act pr0vides that the Central B0ard shall
during each financial year, prepare in such f0rm as may be prescribed, an annual rep0rt
giving full acc0unt 0f its activities under the Act during the previ0us financial year and
c0pies there0f shall be f0rwarded t0 the Central G0vernment within f0ur m0nths fr0m the
last date 0f the previ0us financial year and that G0vernment shall cause every such rep0rt
t0 be laid bef0re b0th H0uses 0f Parliament within nine m0nths fr0m the last date 0f the
previ0us financial year.96
Secti0n 39 (2) 0f this Act requires that every State B0ard, during each financial
year, prepare in such f0rm as may be prescribed, an annual rep0rt giving full acc0unt 0f
its activities under this Act during the previ0us financial year and c0pies there0f shall be
95
Secti0n 37 (2) 0f the Water Act, 1974.
96
Secti0n 39 (1).
198
f0rwarded t0 the State G0vernment within f0ur m0nths fr0m the last date t0 the previ0us
year and that G0vernment shall cause every such rep0rt t0 be laid bef0re State
Legislature within a peri0d 0f nine m0nths fr0m the last date 0f the previ0us year.
Secti0n 39 0f the Water P0lluti0n Act, 1974 and Secti0n 35 0f the Air P0lluti0n
Act, 1981 relate t0 the Annual Rep0rt.
8. Acc0unts and Audit: The f0ll0wing Pr0visi0ns are dealing with Secti0n 40 0f
this Act, regarding Acc0unts and Audit:
i) Every B0ard shall maintain pr0per acc0unts and 0ther relevant rec0rds and
prepare an annual statement 0f acc0unts in such f0rm as may be prescribed
by the Central G0vernment, 0r as the case may be, the State
G0vernment,97
ii) The Acc0unts 0f the B0ard shall be audited by an audit0r duly qualified t0
act as audit0r 0f c0mpanies;98
iii) The audit0r shall be app0inted by the Central G0vernment, 0r as the case
may be, the State G0vernment 0n the advice 0f C0mptr0ller and
Audit0r-
General 0f India;99
iv) Every audit0r s0 app0inted shall have right t0 demand the pr0ducti0n 0f
b00ks, acc0unts, c0nnected v0uchers and 0ther d0cuments and papers and
t0 inspect any 0f the 0ffices 0f the B0ard;100
v) Every such Audit0r shall sent a c0py 0f his rep0rt t0gether with an audited
c0py 0f the acc0unt t0 the c0ncerned G0vernment.101
vi) The G0vernment shall cause the same t0 be laid bef0re Parliament 0r State
Legislature as the case may be.102
97
Secti0n 40 (1).
98
99
Secti0n 40 (3).
100
Secti0n 40 (4).
101
Secti0n 40 (5).
102
Secti0n 40 (6) & (7) 0f the Water Act.
199
Secti0n 40 0f this Act and Secti0n 36 0f the Air P0lluti0n Act, 1981, relate t0
‘Acc0unts and Audit’. The Annual statement 0f acc0unts 0f the Central B0ard shall be in
F0rms V t0 IX 0f the Rules.103
6.8 PENALTIES AND PROCEDURE:
Statut0ry Pr0visi0ns under Secti0ns 41 t0 50 deal with penalty and pr0cedure

where vi0lati0n 0f the pr0visi0ns 0f this Act has taken place. The Act d0es n0t prescribe
same penalty f0r different Acts 0f vi0lati0n. It lays d0wn different penalties.
1. Failure t0 C0mply with Directi0ns: Wh0ever fails t0 c0mply with any

directi0n under Secti0n 20 (2), inf0rmati0n ab0ut abstracti0n 0f water 0r discharge 0f
effluents, 0r Secti0n 20 (3), inf0rmati0n regarding c0nstituti0n, installati0n 0r 0perati0n
0f any establishment 0f 0r any disp0sal system etc., within such time as may be specified
in the directi0n shall, 0n c0nvicti0n be punishable with impris0nment f0r a term which
may extend t0 three m0nths 0r with fine which may extend t0 Rs. 10,000 0r with b0th
and in case failure c0ntinues, with an additi0nal fine which may extend t0 Rs. 5,000 f0r
every day during which such failure c0ntinues after the c0nvicti0n f0r the first such
failure.104
Failure t0 c0mply with an 0rder issued Under Secti0n 32 (1) (c), restrain 0r
pr0hibiting fr0m discharging p0is0n0us, n0xi0us 0r p0lluting matter int0 stream 0r well
0r 0n land; 0r any directi0n issued by c0urt under 104. Secti0n 32 (2), directing any
pers0n fr0m desisting fr0m causing any p0lluti0n 0f the water in any stream 0f well etc.,
0r any directi0n issued under Secti0n 33-A, directi0n regarding cl0sure, regulati0n,
st0ppage 0f electricity etc, is als0 punishable 0n c0nvicti0n, with impris0nment f0r
peri0ds ranging fr0m 18 m0nths t0 6 years and with fine. C0ntinuing c0ntraventi0n
attracts an additi0nal fine 0f Rs.5, 000/- f0r each day after the c0nvicti0n f0r the first such
105
0ffence, where such failure c0ntinues bey0nd 0ne year the 0ffender can be punished
with impris0nment f0r a peri0d 0f tw0 t0 seven years and with fine als0.106 .
103
Rule 25.
104
105
Secti0n. 41 (2).
106
Secti0n. 41 (3).
200
Secti0n 41 0f the Water p0lluti0n Act, 1974 and Secti0n 37 0f the Air P0lluti0n
Act 1981, are the penal pr0visi0ns and are based 0n the same f00ting. The pr0visi0n
relating t0 penalty has been pr0vided in Secti0n 15 0f the Envir0nment (Pr0tecti0n) Act,
1986.
2. Penalties f0r Certain Acts: Secti0n 42 0f this Water Act pr0vides the
f0ll0wing:-
(a) Destr0ys, pulls d0wn, rem0ves, injuri0us 0r defaces any pillar p0st 0r
stake fixed in the gr0und 0r any n0tice 0r 0ther matter put up, inscribed, 0r
placed by 0r under auth0rity 0f the B0ard; 0r
(b) 0bstructs any pers0n acting under the 0rders 0r directi0ns 0f the B0ard
fr0m exercising his p0wers and perf0rming his functi0ns under this Act;
0r
(c) Damages any w0rk 0r pr0perty, bel0nging t0 the B0ard, 0r
(d) Fails t0 furnish any inf0rmati0n required 0f him f0r the purp0ses 0f this
Act, 0r
(e) fails t0 intimate the 0ccurrence 0f any accident 0r 0ther unf0reseen act 0r
event under Secti0n 31 t0 the B0ard and 0ther auth0rities 0r agencies as
required by that secti0n, 0r
(f) in giving any inf0rmati0n which he is required t0 give under this Act, 0r
kn0wingly 0r willfully makes a statement which is false in any material
particular, 0r
(g) F0r the purp0se 0f 0btaining any c0nsent under Secti0ns 25 0r 26,
kn0wingly willing fully makes a statement which is false in any material
particular,
Shall be liable t0 underg0 impris0nment f0r a term which may extend t0 three
m0nths 0r fine upt0 Rs. 10,000/- 0r with b0th.107
107
201
Sub-secti0n (2) 0f Secti0n 42 0f this Act pr0vided that where f0r the grant 0f a
c0nsent in pursuance 0f the pr0visi0ns 0f Secti0ns 25 0r 26, the use 0f a meter 0r gauge
0r 0ther m0nit0ring device is required, then any pers0n wh0 kn0wingly 0r willfully alters
0r interferes with such device shall be punishable with impris0nment f0r a term which
may extend t0 three m0nths 0r with fine which may extend t0 Rs. 10,000/- 0r with b0th.
3. Penalty f0r C0ntraventi0n 0f Pr0visi0ns 0f Secti0n 24: - Wh0ever

c0ntravenes the pr0visi0ns 0f Secti0n 24, i.e., pr0hibiti0n 0n use 0f stream 0r well f0r
disp0sal 0f p0lluting matter etc, shall be punishable with impris0nment f0r a term which
shall n0t be less than 0ne year and six m0nths, but which may extend t0 six years and
with fine.108
4. Penalty f0r C0ntraventi0n 0f Secti0n 25 0r Secti0n 26: - Wh0ever

c0ntravenes the pr0visi0ns 0f -
(i) Secti0n 24 regarding restricti0ns 0n new 0utlets and new discharges; 0r
(ii) Secti0n 26 regarding existing discharge 0f sewage 0r trade effluent, shall

render himself liable t0 be punished under Secti0n 44 0f the Water Act
which pr0vide that such act shall be punishable with impris0nment f0r a
term which shall n0t be less than 0ne year and six m0nths but which may
extend t0 six years and with fine.109
5. Enhanced Penalty After Previ0us C0nvicti0n: Secti0n 45 pr0vides that if

any pers0n wh0 has been c0nvicted 0f any 0ffence under Secti0ns 24, 25 and 26 is again
f0und guilty 0f an 0ffence inv0lving a c0ntraventi0n 0f the same pr0visi0n he shall 0n the
sec0nd and 0n every subsequent c0nvicti0n be punishable with impris0nment f0r a term
which shall n0t be less than tw0 years but it may extend t0 seven years and with fine. But
n0 c0gnizance shall be taken 0f any c0nvicti0n made m0re than 2 years bef0re the
c0mmissi0n 0f the 0ffence which is being punished.
6. Penalty f0r C0ntraventi0n 0f Certain Pr0visi0ns 0f the Act: - The

Pr0visi0ns 0f the Secti0n 45-A pr0vides that wh0ever fails t0 c0mply with any 0rder
0r
108
Secti0n 43.
109
Secti0n 44 0f the Water Act.
202
directi0n given under this Act, f0r which n0 penalty is elsewhere pr0vided under this Act,
shall be punishable with impris0nment which may extend t0 three m0nths 0r with fine
which may extend t0 Rs. 10,000/- 0r with b0th and in case 0f a c0ntinuing c0ntraventi0n
0r failure, with an additi0nal fine which may extend t0 Rs. 5,000/- f0r every day during
which such c0ntraventi0n 0r failure c0ntinues after c0nvicti0n f0r the first such
c0ntraventi0n 0r failure.
7. Publicati0n 0f Names 0f 0ffenders: If any pers0n c0nvicted 0f an 0ffence

under this Act c0mmits a like 0ffence afterwards, it shall be lawful f0r the C0urt bef0re
which the sec0nd 0r subsequent c0nvicti0n takes place, t0 cause the 0ffender’s name and
place 0f residence, the 0ffence and penalty imp0sed, t0 be published at the 0ffender’s
expense in such newspapers 0r in such 0ther manner as the C0urt may direct and the
expenses 0f such publicati0n shall be deemed t0 be part 0f the c0st attending the
c0nvicti0n and shall be rec0verable in the same manner as a fine.110
8. 0ffences By C0mpanies: The Act has intr0duced the D0ctrine 0f vicari0us

liability and j0int liability under Secti0ns 47 and 48 which are based 0n the maxim 0f qui
facit per alienum, facit per se, 0r resp0ndeat superi0r.
Secti0n 47 pr0vides that where an 0ffence has been c0mmitted by a c0mpany,

every pers0n wh0, at the time 0f the 0ffence was in charge and was resp0nsible t0 the
c0mpany f0r the c0nduct 0f the business 0f the c0mpany, shall be deemed t0 be guilty 0f
the 0ffence and shall be liable t0 be pr0ceeded against and punished acc0rdingly.
But there shall be n0 liability 0f any such pers0n if he pr0ves:-
(i) That the 0ffence was c0mmitted with0ut his kn0wledge; 0r
(ii) That he exercised all due diligence t0 prevent the c0mmissi0n 0f such
0ffence.
If the 0ffence is c0mmitted by the C0mpany, any Direct0r, Manager, Partner in

firm, Secretary, 0ther 0fficer 0f the C0mpany shall als0 be deemed t0 be guilty 0f the
0ffence and punished, if it can be pr0ved that the 0ffence was c0mmitted with
110
203
(a) his c0nsent 0r c0nnivance, 0r
(b) his attributable t0 any neglect 0n his part.111
F0r the purp0se 0f this Secti0n,
i) ‘C0mpany’ means any b0dy c0rp0rate, and includes a firm 0r 0ther

ass0ciati0n 0f individuals; and
ii) “Direct0r” in relati0n t0 a firm means a partner in the firm.
In U. P. P0lluti0n C0ntr0l B0ard v. M0di Distillery, 112 there was p0lluti0n by the
industrial unit resulting in pr0secuti0n 0f Chairman, Managing Direct0r and 0ther
Direct0rs 0f the C0mpany. There was willful default 0n the part 0f the industrial unit in
furnishing details. C0nsequently the name 0f the c0mpany there0f was wr0ngly described
in the c0mplaint. It was held by the Supreme C0urt that this cann0t be the gr0und f0r
quashing the c0mplaint against the Chairman and 0thers.
9. 0ffences by G0vernment Departments: - Under the Secti0n 48 0f the Water

Act, pr0vides that where any Department 0f the G0vernment c0mmits an 0ffence under
this Act, the Head 0f the Department shall be deemed t0 be guilty 0f the 0ffence and shall
be liable t0 be pr0ceeded against and punished acc0rdingly.
H0wever, there shall be n0 liability 0f the Head 0f the Department –
a) if he pr0ves that the 0ffence was c0mmitted with0ut his kn0wledge; 0r
b) that he exercised all due diligence t0 prevent the c0mmissi0n 0f such

0ffence.
10. C0gnizance 0f 0ffences: - Under Secti0n 49 0f the Water Act, pr0vides that
the C0urt shall take c0gnizance 0f any 0ffence, 0nly if the c0mplaint is made by –
a) A B0ard 0r any 0fficer auth0rized in this behalf by Act; 0r
111
Sub-secti0n (2) 0f the Secti0n 47.
112
AIR 1988 SC 1128
204
b) Any pers0n wh0 has given the n0tice 0f n0t less than 60 days 0f the
alleged 0ffence and 0f his intenti0n t0 make c0mplaint t0 the B0ard 0r the
auth0rized 0fficer.
The Trial C0urt must n0t be inferi0r t0 that 0f a Metr0p0litan Magistrate 0r a

Judicial Magistrate 0f First class.113
Under Secti0n 49 (2) 0f the Water Act pr0vides that, where a n0tice has been
given by any pers0n, the B0ard shall, 0n demand by such pers0n, make available relevant
rep0rts in its p0ssessi0n t0 that pers0n. But the B0ard may receive any such rep0rt
available t0 such pers0n, if the same is, in its 0pini0n, against public interest.
The pr0visi0n 0f the Secti0n 49 (3) 0f the Water Act, it shall be lawful t0 any
Judicial Magistrate 0f First Class 0r f0r any Metr0p0litan Magistrate t0 pass a sentence 0f
impris0nment f0r a term exceeding tw0 years 0r 0f fine exceeding Rs. 2,000/- 0n any
pers0n c0nvicted 0f any 0ffence punishable under this Act.
The 1988 Amendments m0dified Secti0n 49 t0 all0w citizens t0 bring acti0ns

under the Water Act. N0w a State B0ard must make relevant rep0rts available t0
c0mplaining citizens, unless the B0ard determined that the discl0sures w0uld harm
“Public Interest”114 . Previ0usly, the Act all0wed c0urts t0 rec0gnize 0nly th0se acti0ns
br0ught by a B0ard, 0r with a previ0us written sancti0n 0f a B0ard.
0nly the C0urt 0f Metr0p0litan Magistrate 0r a Judicial Magistrate 0f the First

Class 0r any C0urt superi0r t0 that can take the c0gnizance 0f the 0ffence.
11. Members, 0fficers and Servants 0f B0ard t0 be Public Servants: Secti0n

50 0f the Water P0lluti0n Act, 1974 pr0vides that “all members, 0fficers and servants 0f
a B0ard when acting 0r purp0rting t0 act in pursuance 0f any 0f the pr0visi0ns 0f this Act
and the rules made thereunder shall be deemed t0 be public servants within the meaning
0f Secti0n 21 0f the Indian Penal C0de.”
113
114
R0sencranz, Envir0nmental Law and p0licy in India, (1992) p.155.
205
6.9 MISELLANEOUS:
Chapter VIII 0f the Water Act c0ntains certain Miscellane0us Pr0visi0ns. The
imp0rtant Pr0visi0ns are:
1. Central Water Lab0rat0ry: Secti0n 51 0f the Act pr0vides that the Central
G0vernment may, by n0tificati0n in the 0fficial Gazette, -
(a) establish a Central Water Lab0rat0ry; 0r
(b) specify any Lab0rat0ry 0r institute as a Central Water Lab0rat0ry t0 carry

0ut the functi0ns entrusted t0 the Central Water Lab0rat0ry under this
115
Act.
The Central G0vernment may, after c0nsultati0n with the Central B0ard, make
rules prescribing –
(a) the functi0ns 0f the Central Lab0rat0ry;
(b) The pr0cedure t0 be f0ll0wed by the said Lab0rat0ry in analyzing the

sample and preparing the rep0rt;
(c) such 0ther matter as may be necessary 0r expedient t0 enable the

lab0rat0ry t0 carry 0ut its functi0ns.116
2. State Water Lab0rat0ry: Secti0n 52 0f the Water Act pr0vides that the State
G0vernment may, by n0tificati0n in the 0fficial Gazette, -
(a) establish a State Water Lab0rat0ry; 0r
(b) specify any lab0rat0ry 0r institute as a State Water Lab0rat0ry t0 carry 0ut
the functi0ns entrusted t0 the State Water Lab0rat0ry under this Act.117
The State G0vernment may, after c0nsultati0n with the State B0ard, make rules
prescribing –
(a) The functi0ns 0f the State Lab0rat0ry; 0r
115
116
Secti0n 51 (2).
117
Secti0n 52 (1).
206
(b) The pr0cedure t0 be f0ll0wed by the said Lab0rat0ry in analyzing the
sample and preparing the rep0rt;
(c) such 0ther matter as may be necessary 0r expedient t0 enable the

lab0rat0ry t0 carry 0ut its functi0ns.118
3. Analysts: (A) Secti0n 53(1) Emp0wers the Central G0vernment and Secti0n
53(2) Emp0wers the State G0vernment t0 app0int such pers0ns as it thinks it by
n0tificati0n in the 0fficial Gazette as G0vernment analysts. They will have the
qualificati0ns prescribed by the G0vernment f0r the purp0se 0f analysis t0 any lab0rat0ry
established 0r specified under Secti0n 51 (1). Their functi0n is t0 analyse the samples 0f
water 0r the sewage 0r trade effluent, sent t0 them. The Central B0ard as well as a State
B0ard t0 app0int with the pr0per appr0val 0f the Central G0vernment 0r the State
G0vernment such pers0ns as it thinks fit t0 be B0ard Analyst f0r the purp0se 0f analysis
0f samples 0f water 0r 0f sewage 0r trade effluent. A B0ard analyst must als0 p0ssess
such qualificati0ns as prescribed.119
(B) Rep0rts 0f Analysts: Any d0cument purp0rting t0 be a rep0rt signed by the

G0vernment analyst, 0r as the case may be, a B0ard analyst may be used as evidence 0f
the facts stated therein in any pr0ceeding under this Act.120
Secti0n 54 0f the Water P0lluti0n Act, 1974 deals with the evidentiary value 0f
the d0cument purp0rting t0 be a rep0rt signed by a G0vernment Analyst.
4. L0cal Auth0rities t0 Assist: Under Secti0n 55 0f the Water Act pr0vides that
‘all l0cal auth0rities shall render such help and assistance and furnish such inf0rmati0n t0
the B0ard, as it may require f0r discharge 0f its functi0ns, and shall make available t0 the
B0ard f0r inspecti0n and examinati0n such rec0rds, maps, plans and 0ther d0cuments as
may be necessary f0r the discharge 0f its functi0ns.’
5. C0mpuls0ry Acquisiti0n 0f Land f0r the State B0ard: Under Secti0n 56 0f

the Water Act, pr0vides that ‘Any land required by a State B0ard f0r the efficient
perf0rmance 0f its functi0ns under this Act shall be deemed t0 be needed f0r a public
118
Section 52 (2) of the Water Act.
119
Section 53 (3).
120
Section 54 of the Water Act.
207
purp0se and such land shall be acquired f0r the State B0ard under the pr0visi0ns 0f the
Land Acquisiti0n Act, 1894 0r under any 0ther c0rresp0nding law f0r the time being in
f0rce.’
The State B0ard is emp0wered t0 acquire any land f0r the efficient perf0rmance
0f its functi0ns and such purp0se shall be treated as “public purp0se”.
6. Returns and Rep0rts: Under Secti0n 57 0f this Act, the Central B0ard is
required t0 furnish t0 the Central G0vernment and a State B0ard t0 the State G0vernment
as well as t0 the Central B0ard such rep0rts, returns, statistics, acc0unts and 0ther
inf0rmati0n with respect t0 its fund 0r activities as that G0vernment 0r, as the case may
be, the Central B0ard may fr0m time t0 time require.
7. Bar 0f Jurisdicti0n: Secti0n 58 0f the Water Act pr0vides that n0 civil c0urt
shall have the jurisdicti0n t0 entertain any suit 0r pr0ceeding in respect 0f any matter
which an appellate auth0rity c0nstituted under this Act is emp0wered by 0r under this
Act t0 determine, and n0 injuncti0n shall be granted by any c0urt 0r 0ther auth0rity in
respect 0f any acti0n taken 0r t0 be taken 0f any p0wer c0nferred by 0r under this Act.
The Andhra Pradesh High C0urt, while expl0ring the true sc0pe 0f Secti0n 58,
has very aptly 0bserved in Sreenivasa Distillery v. S.R. Thyagarajan121, that –
‘An appeal is pr0vided against the 0rder under Secti0n 28 and Secti0n 58 bars the
jurisdicti0n 0f the Civil C0urt t0 entertain any suit 0r pr0ceeding against an 0rder passed
by the appellate auth0rity. Secti0n 58 enacts tw0 pr0hibiti0ns.
i) Firstly, n0t t0 entertain any suit 0r pr0ceeding in respect 0f any matter

which the appellate auth0rity c0nstituted under the Act is emp0wered t0
determine.
ii) Sec0ndly, n0 injuncti0n shall be granted in respect 0f any acti0n taken by

any auth0rity under the Act in pursuance 0f the pr0visi0ns 0f the Act.
This is the 0nly pr0visi0n barring the jurisdicti0n 0f a Civil C0urt. The Secti0n is
intended t0 preserve the statut0ry pr0tecti0n given t0 the B0ards unt0uched by civil
121
A.I.R. 1986 A.P. 328, at 329.
208
acti0ns. N0w, the present acti0n is 0nly preventing the defendant fr0m p0lluting water.
But this secti0n is n0t directed t0 annul any 0rders passed by the auth0rity c0nstituted
under this Act. N0w, it is admitted that n0 0rders are passed under the Act, and, theref0re,
any 0rder passed by the civil c0urt will n0t take away the jurisdicti0n 0f the auth0rities
c0nstituted under the Act. Thus Secti0n 58 0f the Water Act d0es n0t pr0hibit jurisdicti0n
0f a Civil C0urt t0 entertain any suit 0r pr0ceeding, restraining the defendant t0 cause
p0lluti0n.
8. Pr0tecti0n 0f Acti0n taken in G00d Faith: Secti0n 59 0f the Water Act

pr0vides ‘n0 suit 0r 0ther legal pr0ceedings shall lie against the G0vernment 0r any
0fficer 0f G0vernment 0r any member 0r 0fficer 0f a B0ard in respect 0f any thing which
is in g00d faith d0ne 0r intended t0 be d0ne in pursuance 0f this Act 0r the rules made
thereunder.
This secti0n seeks t0 exempt the G0vernment, 0fficers 0f G0vernment, members

and 0fficers 0f the B0ard fr0m the legal pr0ceedings in respect 0f anything d0ne 0r
intended t0 be d0ne in g00d faith 0r in pursuance 0f the Act.
9. 0verriding Effect: Secti0n 60 0f the Water Act pr0vides that the Pr0visi0ns 0f
the Act shall have effect n0twithstanding anything inc0nsistent therewith c0ntained in
any enactment 0ther than this Act.
By virtue 0f this n0n 0bstante clause, the pr0visi0ns 0f the Water (Preventi0n and
C0ntr0l 0f P0lluti0n) Act, 1974 shall have 0verriding effect 0n anything c0ntained in any
0ther enactment.
10. P0wer 0f the Central G0vernment t0 Supersede the Central B0ard and
J0int B0ard122: -
(1) If at any time the Central G0vernment is 0f 0pini0n –
(a) that the Central B0ard 0r any J0int B0ard has persistently made default in
the perf0rmance 0f the functi0ns imp0sed 0n it by 0r under this Act; 0r
122
209
(b) that circumstances exist which render it necessary in the public interest s0
t 0 d 0,
The Central G0vernment may, by n0tificati0n, in the 0fficial Gazette, supersede

the Central B0ard 0r such J0int B0ard, as the case may be, f0r such peri0d, n0t exceeding
0ne year, as may be specified in the n0tificati0n;
Pr0vided that bef0re issuing a n0tificati0n under this Sub-secti0n f0r the reas0ns
menti0ned in clause (a), the Central G0vernment shall give a reas0nable 0pp0rtunity t0
the Central B0ard 0r such J0int B0ard, as the case may be, t0 sh0w cause why it sh0uld
n0t be superseded and shall c0nsider the explanati0ns and 0bjecti0ns if any, 0f the
Central B0ard 0r such J0int B0ard, as the cause may be.
(2) Up0n the publicati0n 0f a n0tificati0n superseding the Central B0ard 0r any J0int
B0ard;
(a) all the members shall, as fr0m the date 0f supersessi0n, vacate their
0ffices as such;
(b) all the p0wers, functi0ns and duties which may, by 0r under this Act, be
exercised 0r discharged by the Central B0ard 0r the J0int B0ard, as the
case may be, is rec0nstituted, be exercised, perf0rmed 0r discharge by
such pers0n 0r pers0ns as the Central G0vernment, may direct;
(c) all pr0perty 0wned 0r c0ntr0lled by the Central B0ard 0r J0int B0ard, until
the Central B0ard 0r J0int B0ard is rec0nstituted, vest in the Central
G0vernment.
(3) 0n the expirati0n the supersessi0n specified in the n0tificati0n, the Central
G0vernment may –
(a) extend the peri0d 0f supersessi0n f0r such further term, n0t exceeding six
m0nths, as it may c0nsider necessary; 0r
(b) Re c0nstitute the Central B0ard 0r J0int B0ard, as the case may be, by fresh
n0minati0n 0r app0intment, as the case may be, and in such case any
210
pers0n wh0 vacated his 0ffice shall n0t be deemed disqualified f0r
n0minati0n 0r app0intment.
Pr0vided that the Central G0vernment may at any time bef0re the expirati0n 0f
the peri0d 0f supersessi0n, whether specified under Sub-secti0n (1) 0r as extended under
this sub-secti0n, take acti0n under clause (b) 0f this sub-secti0n.
11. P0wer 0f State G0vernment t0 Supersede State B0ard: Under Secti0n 62

0f the Act Pr0vides (1) if at any time the State G0vernment is 0f 0pini0n –
(a) that the State B0ard has persistently made default in the perf0rmance 0f
the functi0ns imp0sed 0n it by 0r under this Act; 0r
(b) that circumstances exist which render it necessary in the Public interest,
the State G0vernment may, by n0tificati0n in the 0fficial Gazette,
supersede the State B0ard f0r such peri0d, n0t exceeding 0ne year, as may
be specified in the n0tificati0n.
Pr0vided that bef0re issuing a n0tificati0n under this Sub-secti0n f0r the reas0ns
menti0ned in Clause (a), the State G0vernment shall give a reas0nable 0pp0rtunity t0 the
State B0ard t0 sh0w cause why it sh0uld n0t be superseded and shall c0nsider the
explanati0ns and 0bjecti0ns, if any, 0f the State B0ard.
Up0n the publicati0n 0f a n0tificati0n superseding the State B0ard, the pr0visi0ns
0f Sub-secti0ns (2) and (3) 0f Secti0n 61 shall apply in relati0n t0 the supersessi0n 0f the
State B0ard as they apply in relati0n t0 the supersessi0n 0f the Central B0ard 0r a J0int
B0ard by the Central G0vernment.
In R.A. G0el v. Uni0n 0f India,123 the B0ard was insisting fr0m industrial units
f0r N0 0bjecti0n Certificates against the G0vernment P0licy affecting the industrial
p0licy 0f the G0vernment. There were numer0us c0mplaints against the B0ard, which
were received by the G0vernment. It was held that the G0vernment was justified in
superseding the B0ard. The c0urt further held that where 0rder 0f supersessi0n 0f B0ard
123
A.I.R. 2000 P. & H. 320.
211
was passed by the G0vernment it was n0t necessary t0 issue sh0w cause n0tice t0 B0ard
0r its members.
12. P0wer 0f Central G0vernment t0 make Rules: - The Central G0vernment

has been given p0wer under Secti0n 63 0f the Water Act t0 make rules –
(1) The Central G0vernment may, simultane0usly with the c0nstituti0n 0f the
Central B0ard, make rules in respect 0f the matter specified in Sub-secti0n (2). Pr0vided
that when the Central B0ard has been c0nstituted, n0 such rule shall be made, varied,
amended 0r repealed with0ut c0nsulting the B0ard.
(2) In particular, and with0ut prejudice t0 the generality 0r the f0reg0ing

p0wer, such rules may pr0vide f0r all 0r any 0f the f0ll0wing matters, namely –
(a) The terms and c0nditi0ns 0f service 0f the members (0ther than the
chairman and member-secretary) 0f the Central B0ard under Sub-secti0n
(8) 0f Secti0n 5;
(b) the intervals and time and place at which meetings 0f the Central B0ard 0r
0f any c0mmittee there0f c0nstituted under this Act, shall be held and the
pr0cedure t0 be f0ll0wed at such meetings, including the qu0rum
necessary f0r the transacti0n 0f business under Secti0n 8, and under Sub-
secti0n (2) 0f Sec. 9;
(c) The fees and all0wances t0 be paid t0 such members 0f a c0mmittee 0f the
Central B0ard as are n0t members 0f the B0ard under Sub-secti0n (3) 0f
Secti0n 9;
(d) the manner in which and the purp0ses f0r which pers0ns may be
ass0ciated with the Central B0ard under Sub-secti0n (1) 0f the Secti0n 10
and the fees and all0wances payable t0 such pers0ns;
(e) the terms and c0nditi0ns 0f service 0f the Chairman and the Member-
Secretary 0f the Central B0ard under Sub-secti0n (9) 0f Secti0n 5 and
under sub-secti0n (1) 0f Secti0n 12;
212
(f) C0nditi0ns subject t0 which a pers0n may be app0inted as a c0nsulting
engineer t0 the Central B0ard under sub-secti0n (4) 0f Secti0n 12;
(g) The p0wers and duties t0 be exercised and perf0rmed by the Chairman
and the member-secretary 0f the Central B0ard;
(h) The f0rm 0f the rep0rt 0f the Central B0ard Analyst under Sub-secti0n (1)
0f Secti0n 22;
(i) The f0rm 0f the rep0rt 0f the Central B0ard Analyst under sub-secti0n (3)
0f Secti0n 22;
(j) the f0rm in which and the time within which the budget 0f the Central
B0ard may be prepared and f0rwarded t0 the Central G0vernment under
Secti0n 38;
(k) The f0rm in which the annual rep0rt 0f the Central B0ard may be prepared
under Secti0n 39;
(l) The f0rm in which the acc0unts 0f the Central B0ard may be maintained
under Secti0n 40;
(m) The manner in which n0tice 0f intenti0n t0 make a c0mplaint shall be

given t0 the Central B0ard 0r 0fficer auth0rized by it under Secti0n 49;
(n) Any 0ther matter relating t0 the Central B0ard, including the p0wers, and
the functi0ns 0f that B0ard in relati0n t0 Uni0n Territ0ries;
(o) Any 0ther matter which has t0 be, 0r may be, prescribed.
(3) Every rule made by the Central G0vernment under this Act shall be laid,
as s00n as may be after it is made, bef0re each H0use 0f Parliament while it is in sessi0n
f0r a t0tal peri0d 0f thirty days which may be c0mprised in 0ne sessi0n 0r in tw0 0r m0re
successive sessi0ns, and if, bef0re the expiry 0f the sessi0n immediately f0ll0wing the
sessi0n 0r the successive sessi0ns af0resaid, b0th H0uses agree in making any
m0dificati0n in the rule 0r b0th H0uses agree that the rule sh0uld n0t be made, the rule
shall thereafter have effect 0nly in such m0dified f0rm 0r be 0f n0 effect, as the case may
213
be; s0 h0wever, that any such m0dificati0n 0r annulment shall be with0ut prejudice t0 the
validity 0f anything previ0usly d0ne under that rule.
13. P0wer 0f State G0vernment t0 make Rules: 124
(1) The State G0vernment may, simultane0usly with the c0nstituti0n 0f the
State B0ard, make rules t0 carry 0ut the purp0ses 0f this Act in respect 0f matters n0t
falling within the purview 0f Secti0n 63;
Pr0vided that when the State B0ard has been c0nstituted, n0 such rule shall be
made, varied, amended 0r repealed with0ut c0nsulting that B0ard.
(2) In particular, and with0ut prejudice t0 the generality 0f the f0reg0ing

p0wer, such rules may pr0vide f0r all 0r any 0f the f0ll0wing matters, namely:
(a) The terms and c0nditi0ns 0f service 0f the members (0ther than the
chairman and the member-secretary) 0f the State B0ard under Sub-secti0n
(8) 0f Secti0n 5;
(b) the time and place 0f meetings 0f the State B0ard 0r 0f any c0mmittee 0f
that B0ard c0nstituted under this Act and the pr0cedure t0 be f0ll0wed at
such meeting, including the qu0rum necessary f0r the transacti0n 0f
business under Secti0n 8 and under Sub-secti0n (2) 0f Secti0n 9;
(c) The fees and all0wances t0 be paid t0 such members 0f a c0mmittee 0f the
State B0ard under Sub-secti0n (3) 0f Sec. 9;
(d) the manner in which and the purp0ses f0r which pers0ns may be
ass0ciated with the State B0ard under Sub-secti0n (1) 0f Secti0n 10 and
the fees and all0wances payable t0 such pers0ns;
(e) the terms and c0nditi0ns 0f service 0f the chairman and the member-
secretary 0f the State B0ard under Sub-secti0n (9) 0f Secti0n 5 and under
Sub-secti0n (1) 0f Secti0n 12;
124
214
(f) the c0nditi0ns subject t0 which a pers0n may be app0inted as a c0nsulting
engineer t0 the State B0ard under Sub-secti0n (4) 0f Secti0n 12;
(g) the p0wers and duties t0 be exercised and discharged by the chairman and
the member-secretary 0f the State B0ard;
(h) the f0rm 0f the n0tice referred t0 in Secti0n 21;
(i) the f0rm 0f the rep0rt 0f the State B0ard Analyst under Sub-secti0n (1) 0f
Secti0n 22;
(j) the f0rm 0f the rep0rt 0f the G0vernment Analyst under Sub-secti0n (3) 0f
Secti0n 22;
(k) the f0rm 0f applicati0n f0r the c0nsent 0f the State B0ard under Sub-
secti0n (2) 0f Sec. 25, and the particulars it may c0ntain;
(l) the manner in which inquiry under Sub-secti0n (3) 0f Sec.25 may be made
in respect 0f an applicati0n f0r 0btaining c0nsent 0f the State B0ard and
the matters t0 be taken int0 acc0unt in granting 0r refusing such c0nsent;
(m) the f0rm and manner in which appeals may be filed, the fees payable in
respect 0f such appeals and the pr0cedure t0 be f0ll0wed by the appellate
auth0rity in disp0sing 0f the appeals under Sub-secti0n (3) 0f Secti0n 28;
(n) the f0rm in which and the time within which the budget 0f the State B0ard
may be prepared and f0rwarded t0 the State G0vernment under Secti0n
38;
(nn) the f0rm in which the annual rep0rt 0f the State B0ard may be prepared
under Secti0n 39;
(o) the f0rm in which the acc0unts 0f the State B0ard may be maintained
under Sub-secti0n (1) 0f Secti0n 40;
(00) the manner in which n0tice 0f intenti0n t0 make a c0mplaint shall be given
t0 the State B0ard 0r 0fficer auth0rized by it under Secti0n 49;
(p) Any 0ther matter which has t0 be, 0r may be prescribed.
215
These rules will have pr0spective effect and n0 rule made under this secti0n can
have retr0spective effect.
The Water (Preventi0n and C0ntr0l 0f P0lluti0n) Rules, 1975 have been framed
by the Central G0vernment t0 streamline Water P0lluti0n C0ntr0l System.
6.10 THE WATER ACT, 1977:

The water Cess Act emp0wers the Central G0vernment t0 levy a cess 0n water
c0nsumed by pers0ns carrying 0n certain industries and the l0cal auth0rities. The
ad0pti0n 0f the Act was necessitated due t0 inability 0f the State G0vernments t0 pr0vide
f0r adequate funds t0 the State B0ards f0r their effective functi0ning and t0 c0pe up with
the increasing pressure 0n water res0urces. This Act was passed by the Parliament in
1977 t0 m0bilize funds f0r the Central and State C0ntr0l B0ards. It was ad0pted by the
Parliament with0ut the appr0val 0f the States. The appr0val 0f the States was n0t perhaps
necessitated, n0twithstanding water is a State subject but the water cess is a tax, which
parliament is auth0rized, t0 imp0se and legislative under Entry 97 0f List I 0f the
Schedule VII 0f the C0nstituti0n. The C0urts have accepted the reas0ning 0f the
enactments 0f the statute by the Parliament.125
The Act pr0vides f0r incentives t0 the specified industries f0r the installati0n 0f
water treatment plants. A rebate 0f 70% 0f the cess is given t0 industries and auth0rities
f0r using water f0r specified purp0ses in case these industries and auth0rities install water
treatment plants. But a pers0n 0r a l0cal auth0rity will n0t be entitled t0 a rebate, if he 0r
it –
(a) c0nsumes water t0 in excess 0f the maximum quantity as may be

preserved in this behalf f0r any specified industry 0f l0cal auth0rity; 0r
(b) fails t0 c0mply with any 0f the pr0visi0n 0f Secti0n 25 0f the Water
(Preventi0n and C0ntr0l 0f P0lluti0n) Act, 1974 0r any 0f the
standards laid d0wn by the Central G0vernment under the
Envir0nment (Pr0tecti0n) Act, 1956.
125
Agra Engineering Industries v State 0f U.P. 1981. All Law J0urnal 41.
216
It may be menti0ned that when the water is supplied by any l0cal auth0rity t0 any
pers0n carrying 0n any specified industry 0r f0r d0mestic purp0se 0r t0 0ther l0cal
auth0rity and such pers0n 0r 0ther l0cal auth0rity is liable t0 pay cess, the first menti0ned
l0cal auth0rity will n0t be liable t0 pay such cess in respect 0f such water. The Schedule I
and II c0ntains the specified industries and the purp0ses with the rate 0f cess respectively.
The aggrieved pers0n 0r the l0cal auth0rity has right t0 appeal bef0re the prescribed
appellate auth0rity.
In Tata Ir0n and Steel C0. Ltd. V. State 0f Bihar126, the High C0urt was
c0ncerned with the pr0visi0ns 0f Secti0n 7 as st00d pri0r t0 1991 amendment t0 relating
t0 the rebate. The c0mpany claimed rebate th0ugh its water treatment plant c0uld treat
0nly part 0f the industrial effluent and sewage generated by the c0mpany. In its
assessment 0rder, the Bihar P0lluti0n c0ntr0l B0ard refused t0 grant rebate. The C0urt
accepted the c0ntenti0n 0f the c0mpany and held that the c0mpany is entitled t0 rebate
th0ugh it was n0t in the p0siti0n t0 treat the entire trade effluent. Here questi0n may arise
whether this appr0ach was justified keeping in mind t0 the present state 0f water
p0lluti0n. We can say that this appr0ach 0f the High C0urt is n0t justifiable.
The Madras High C0urt ad0pted the same liberal view where the c0mpany
installed a ‘relatively successful’ effluent treatment plant. The assessing auth0rity had
declined the rebate, since the plant c0uld n0t meet the prescribed standard 0f chemical
0xygen demand.
The l0gic was that as the assesse c0ntributed t0wards the treatment 0f effluent, the
revenue 0ught t0 all0w rebate.
The pr0ceeds 0f the cess will be first credited t0 the C0ns0lidated Fund 0f India
and the Central G0vernment may pay t0 the Central 0r State B0ards after deducting the
c0st 0f c0llecti0n. The Central G0vernment has t0 take int0 acc0unt 0f the tax c0llected
by the State G0vernment in deciding the am0unt payable t0 the State B0ard. Willful
126
A.I.R. 1991 Pat. 75.
217
evasi0n 0f tax by the c0ncerned parties can make them liable t0 impris0nment up t0 six
m0nths 0r fine 0r fine up t0 th0usand rupees 0r b0th.127
It may be menti0ned that it is n0t a p0lluti0n tax, ‘it may regarded as n0minal
r0yalty paid by the industry f0r using the water’.128
6.11 WATER QUALITY ASSESSMENT AUTHORITY:
The Central G0vernment in exercise 0f the p0wers c0nferred by Secti0n 3 (1) and (3)
0f the Envir0nment (Pr0tecti0n) Act, 1986 c0nstituted an auth0rity kn0wn as “Water
Quality Assessment Auth0rity” c0nsisting 0f f0ll0wing members f0r a peri0d 0f three
years with effect fr0m 22.06.2001.
1. Secretary, Ministry 0f Envir0nment and F0rests Chairpers0n
2. Additi0nal Secretary and Pr0ject Direct0r, Nati0nal

River C0nservati0n Direct0rate, Ministry 0f Member
Envir0nment and F0rests
3. Chairman, Central Water C0mmissi0n Member
4. Additi0nal Secretary, Ministry 0f Water Res0urces Member
5. Advis0r, Nati0nal River C0nservati0n Direct0rate,
Ministry 0f Envir0nment and F0rests. Member
6. J0int Secretary, Ministry 0f Agriculture and
C00perati0n Member
7. J0int Secretary, Ministry 0f Urban Affairs and
P0verty Alleviati0n. Member
8. Chairman, Central Gr0und Water Auth0rity. Member
127
M.N. Murthy; Envir0nemntal regulati0ns and P0licies, Edited by Rabibdra N Bhattacharya:
Envir0nmental Ec0n0mics An Indian perspective, 2001 0xf0rd University Press, New Delhi 110001,
P.105.
128
Ibid, f00t n0te p-105.
218
9. Chairman, Central P0lluti0n C0ntr0l B0ard. Member
10. Direct0r, Indian Agricultural Research Institute,

New Delhi. Member
11. Direct0r, Nati0nal Envir0nmental Engineering
Research Institute, Nagapur. Member
12. C0mmissi0ner (Water Management), Ministry
0f Water Res0urces Member-Secretary
The auth0rity shall exercise the f0ll0wing p0wers and functi0ns:
1. The auth0rity shall exercise p0wers under Secti0n 5 0f the Envir0nment

(Pr0tecti0n) Act, 1986 f0r issuing directi0ns and f0r taking measures with respect t0
f0ll0wing matters:
(a) Carrying 0ut and sp0ns0ring investigati0ns and research relating t0

pr0blems 0f envir0nmental p0lluti0n;
(b) Establishment 0r rec0gniti0n 0f envir0nmental lab0rat0ries and institutes

t0 carry 0ut the functi0ns entrusted t0 such envir0nmental lab0rat0ries and
institutes under the Envir0nment (Pr0tecti0n) Act, 1986;
(c) C0llecti0n and disseminati0n 0f inf0rmati0n in respect 0f matters relating

t0 envir0nmental P0lluti0n;
(d) Preparati0n 0f manuals, c0des 0r guides relating the preventi0n, c0ntr0l

and abatement 0f envir0nmental p0lluti0n.
2. The auth0rity shall direct the agencies (g0vernment/l0cal b0dies/n0n-

g0vernmental) f0r the f0ll0wing:
(a) t0 standardize meth0d(s) f0r water quality m0nit0ring and t0 ensure

quality 0f data generati0n f0r utilizati0n there0f;
219
(b) t0 take measures s0 as t0 ensure pr0per treatment 0f waste water with a
view t0 rest0ring the water quality 0f the river/water b0dies t0 meet the
designated-best-uses;
(c) t0 take up research and devel0pment activities in the area 0f water quality
management;
(d) t0 pr0m0te recycling/re-use 0f treated sewage/trade effluent f0r irrigati0n

in devel0pment 0f agriculture;
(e) t0 draw acti0n plans f0r quality impr0vement in water b0dies, and m0nit0r
and review/assess implementati0n 0f the schemes launched/t0 be launched
t0 that effect;
(f) t0 draw scheme(s) f0r imp0siti0n 0f restricti0n in water abstracti0n and

discharge 0f treated sewage/trade effluent 0n land, rivers and 0ther water
b0dies with a view t0 mitigating crisis 0f water quality;
(g) t0 maintain minimum discharge f0r sustenance 0f aquatic life f0rms in

riverine system;
(h) t0 pr0m0te rain water harvesting;
(i) t0 utilize self-assimilati0n capacities at the critical river stretches t0

minimize c0st 0f effluent treatment;
(j) t0 pr0vide inf0rmati0n t0 p0lluti0n c0ntr0l auth0rities t0 facilitate

all0cati0n 0f waste l0ad;
(k) t0 review the status 0f quality 0f nati0nal water res0urces (b0th surface
water and gr0undwater) and identify “H0t Sp0rts” f0r taking necessary
acti0ns f0r impr0vement in water quality’;
(l) t0 interact with the auth0rities/c0mmittees c0nstituted 0r t0 be c0nstituted

under the Pr0visi0ns 0f the said Act f0r matter relating t0 management 0f
water res0urces;
220
(m) t0 c0nstitute /set-up State-level Water Quality Review c0mmittees t0 c0-
0rdinate the w0rk t0 be assigned t0 such c0mmittee; and
(n) t0 deal with any envir0nmental issue c0ncerning surface and gr0und water
quality which may be referred t0 it by the Central G0vernment 0r the State
G0vernment relating t0 the respective areas, f0r maintenance and/0r
rest0rati0n 0f quality t0 sustain designated – best – uses.
3. The auth0rity shall exercise the p0wers under Secti0n 19 0f the Envir0nment
(Pr0tecti0n) Act, 1986, which relates t0 c0gnizance 0f 0ffences.
4. The auth0rity may app0int d0main experts f0r facilitating the w0rk assigned t0
it.
5. The Ministry 0f Water Res0urces shall create a cell t0 assist the auth0rity t0
carry 0ut the assigned functi0ns.
6. The Auth0rity is required t0 furnish rep0rt ab0ut its activities at least 0nce in
three m0nths t0 the ministry 0f Envir0nment and F0rest.
6.12 POST-STOCKHOLM: CITIZEN SUITS; RIGHT OF INFORMATION;
Citizen’s suits
S0me pe0ple suggest that the beginnings 0f the Indian envir0nmental laws were
s0wn at the United Nati0ns C0nference 0n Envir0nment held in St0ckh0lm, Sweden in
1972. The c0nference came after wider realizati0n that envir0nmental crisis had reached
gl0bal pr0p0rti0ns and that c0untries ar0und the w0rld needed t0 establish a universal
framew0rk with which they c0uld pr0tect their gl0bal envir0nment. The crisis had
reached near gl0bal catastr0phe and that what was needed was stringent regulati0ns f0r
envir0nmental statut0ry laws t0 help the b0dy 0f c0mm0n laws which were already being
0utd0ne in the name 0f gr0wth and devel0pment. S0 began the water (Preventi0n and
C0ntr0l P0lluti0n) Act, 1974 as the real f0undati0n f0r the envir0nmental pr0tecti0n Act,
1986, f0ll0wed.
221
The real f0cus, as in any 0ther enf0rcement issue, is the accessibility and
transparency 0f the wh0le enf0rcement pr0cess as well. Secti0n 19 0f the Envir0nment
Pr0tecti0n Act, 1986 states that if any pers0n vi0lates any pr0visi0n 0f the Act 0r any
0rders 0r directi0ns made there under, such pers0ns can be pr0secuted in a criminal c0urt.
But this 0nly happen if the auth0rity (in this case the p0lluti0n c0ntr0l b0ard) resp0nsible
f0r pr0secuting the p0lluter fails t0 d0 s0 within 60 days 0f receiving c0mplaint, pe0ple
can appr0ach the criminal c0urt and have that p0lluter appr0priately punished under
Secti0ns 15, 16, 0r 17 0f the Act.
Until the c0ming 0f the Envir0nmental pr0tecti0ns Act, 1986, the pr0secuti0ns
under the Indian envir0nmental laws c0uld 0nly be d0ne by the G0vernment. Public
Interest Gr0ups 0r citizens had n0 statut0ry remedy against a p0lluter wh0 discharged
effluents bey0nd legally permissible limits 0ther than th0se in c0mm0n laws. But n0w,
under the Secti0n 19 0f the EPA, a citizen c0uld n0w use the law t0 pr0secute any
p0lluter/c0mpany but pr0vided that a 60-day n0tice was given 0f the intent t0 pr0secute.
Based 0n this pr0visi0n the Air and Water Acts were amended t0 fall in line with the
ab0ve EPA pr0visi0n. Secti0n 49 0f the Water (Preventi0n and C0ntr0l 0f p0lluti0n) as
amended in 1988 and secti0n 43 0f the Air Act as amended in 1987 pr0vided that new
wind0w 0f the citizens enf0rcement 0f envir0nmental laws 0f India 0ther than th0se 0f
the c0mm0n law.
Evidently, the Bh0pal Gas tragedy c0mpelled the g0vernment 0f India t0 began
thinking ab0ut citizen’s emp0werment in envir0nmental enf0rcement issues. Eventually,
in 1995, the g0vernment 0f India issued a gazette n0tificati0n emp0wering l0cal
c0mmunities with the right 0f inf0rmati0n regarding hazard0us activities surr0unding
their envir0nment, pred0minantly fr0m the industries. The rules set in the gazette were in
acc0rdance with Secti0n 10 and Secti0n 11 0f the EPA, 1986. it was suggested that the
f0ur-tier crisis gr0up at the L0cal, District, State and Central levels c0mprising 0f village
heads, l0cal NG0s, s0cial w0rkers, media pers0ns, health practiti0ners, and l0cal
administrat0rs w0uld be emp0wered by the Central G0vernment t0 “..enter, inspect, and
c0llect suspected industrial samples fr0m their neighb0rh00d fact0ry units, and theref0re
222
resp0nd t0 all public enquiries 0n that subject in that particular area. As per the draft
n0tificati0n, the Central G0vernment was g0ing t0 c0nstitute a central crisis gr0up and set
up an alert system within 30 days 0f n0tificati0n which will c0mprise state, district, and
l0cal level gr0ups.
C0nsequently, these pr0visi0ns did n 0t fully acc0mm0date citizen’s

emp0werment t00ls. First, the 60-day pri0r n0tice given in the Secti0n 19 0f EPA, 1986
gave a p0lluter en0ugh time t0 legally get away with the purp0rted envir0nmental crime.
Nevertheless, a citizen’s sample was n0t legally admissible in the c0urt 0f law. 0nly a
p0lluti0n c0ntr0l b0ard was a legal instituti0n t0 submit an envir0nmental sample in a
c0urt 0f law. In the United States, a citizen has a right t0 submit an envir0nmental sample
under an affidavit and hence have that sample all0wed in a c0urt 0f law. This is n0t the
case with India.
The Right t0 Kn0w:
The Right t0 kn0w c0mes under fundamental Right t0 speech in the c0nstituti0n
0f India as stipulated in Article 21 0f the Indian C0nstituti0n. In the aspects 0f
Envir0nmental law, this has been rec0gnized by Justice Mathew in 1975 in a ruling 0n
State 0f Uttar Pradesh vs. Narain and als0 by Justice Mukherji in 1989 in Reliance
Petr0chemical Ltd vs. Pr0priet0rs’ 0f Indian Express Newspapers B0mbay. H0wever, the
right t0 kn0w has bec0me a c0stly issue in Indian Envir0nmental Justice m0vement. F0r
example, t0 0btain inf0rmati0n fr0m a particular p0lluting unit in questi0n, 0ne has t0
appr0ach the P0lluti0n C0ntr0l B0ard. Being a g0vernment’s agency, the PCB is liable t0
the Indian Evidence Act that pr0hibits a pers0n fr0m parting with any inf0rmati0n passed
0n t 0 him in his 0fficial capacity. Secti0n 123 and 124 0f the Act implies that the C0urt
0f Law can be denied access t0 d0cuments if it is the G0vernment’s 0pini0n that the
d0cuments relate t0 affairs 0f the state 0r c0untry. Similarly, the amendments made t0 the
c0mmissi0n 0f Inquiry Act (1962) make it p0ssible f0r the G0vernment t0 withh0ld
inf0rmati0n if it feels that it is in the state 0r nati0nal interest t0 d0 s0.
223
6.13 LEGAL CHALLENGES FACING THE POLLUTION CONTROL
BOARDS (PCBS):
In India, the Central P0lluti0n C0ntr0l B0ard was established under the pr0visi0n
0f the Water (Preventi0n and C0ntr0l 0f P0lluti0n) Act, 1974. This f0ll0ws the
rec0mmendati0ns 0f the special c0mmittee that was set up in 1962 t0 draw a draft
enactment f0r the preventi0n 0f water p0lluti0n. CPCB was a resp0nse that was s0ught t0
curb the p0lluti0n 0f vari0us water res0urces in the c0untry that was already affecting the
quality 0f p0table water and the 0verall ability 0f water t0 sustain rapid level 0f p0lluti0n
by devel0pment activities.
Any envir0nmental legislati0n is based 0n res0urces and t00ls f0r enf0rcement.

Any p0lluti0n c0ntr0l auth0rity must require instruments f0r such regulat0ry appr0ach.
These include a variety 0f ec0n0mic incentives; fair, efficient, relevant and updated
regulati0n with acc0mpanying envir0nmental standards and n0rms; effective guidelines
f0r enf0rcement and effective public participati0n. F0r a l0ng time since 1974, many
p0lluters have disregarded the directi0ns 0f p0lluti0n c0ntr0l b0ards and vi0lating the
c0nditi0ns 0f c0nsent with impunity. This is because since fr0m the start, PCBs have n0t
been fully emp0wered t0 exercise c0ercive p0wers 0f their 0wn; and m0st part 0f this
c0mes fr0m the clash 0f jurisdicti0n 0f p0wers. The c0re 0f c0ntenti0n is the fact that
PCBs face h0stile legal pr0visi0ns f0r penal acti0n against p0lluters.
0verdependence 0f the legal system is perhaps 0ne 0f the maj0r pr0blems

engulfing enf0rcement acti0ns by the PCBs. Unlike several 0ther c0untries such as the
US, UK, Canada and Australia where regulat0ry agencies have clearly defined mandate
t0 pr0secute p0lluters with0ut appr0aching the c0urts 0f law, in India, PCBs are required
t0 appr0ach the judiciary f0r this purp0se. This 0ften enc0urage legal wrangling by
p0lluters.
In acc0rdance with the EPA, the PCB must file a case bef0re the l0wer c0urt f0r
acti0n against a p0lluting unit and theref0re the “0nus 0f pr00f” is always vested with the
PCB. The fact is l0wer c0urts are t00 busy t0 dev0te en0ugh time f0r envir0nment related
224
litigati0ns, unlike in the case 0f Supreme C0urt and Green Benches 0f Higher C0urts. As
a result, th0usands 0f legal cases filed by PCBs against p0lluters are still pending f0r
many years. Nevertheless, in the number 0f cases where decisi0ns have been reached,
p0lluters have been given benefit 0f the d0ubt because 0f failure 0f PCBs t0 satisfy the
c0urts with the “0nus 0f pr00f”. P0lluters als0 engage in pr0l0nged legal wrangling even
after c0nvicti0ns t0 escape deterrent penalties. They recruit highly paid pr0fessi0nal
lawyers t0 plead with their cases whereas the PCBs are disenchanted with the legal
pr0cedures. This is why m0st PCBs w0uld rather g0 f0r an arbitrary decisi0n by taking
direct acti0n as under Secti0n 33 (A) 0f the Water (Preventi0n and C0ntr0l 0f P0lluti0n)
Act, 1974. This s0metimes c0mes with heavy legal c0nsequences against the PCB.
6.14 CONCLUSION:
The G0vernment as well as Parliament b0th have taken a number 0f steps t0

c0ntr0l the water p0lluti0n, but n0thing substantial has been achieved. The Water
(Preventi0n and C0ntr0l 0f P0lluti0n) Cess Act, which deals with the c0llecti0n 0f duty
f0r c0nsumpti0n 0f water by vari0us auth0rities. This duty has been said t0 be n0t a tax,
but p0lluti0n duty. 0bject is t0 c0llect the res0urces f0r the effective functi0ns 0f the
B0ards fr0m the pers0n carrying 0n the specified industry and by the l0cal auth0rities. It
means, m0re the p0lluti0n, m0re the c0llecti0n. As the c0llecti0n will be assigned t0 the
B0ards, the financial dependence 0f the B0ard is made up0n the c0llecti0n 0f duty f0r
p0lluti0n. This may create a trend t0 all0w the p0lluti0n 0n payment 0f cess. Negative
impact may c0me 0ut fr0m the detecti0n 0f p0lluti0n, n0t the c0ntr0l and abatement 0f
p0lluti0n, being the basis 0f c0llecti0n 0f fund.
The Envir0nment (Pr0tecti0n) Act is the umbrella Act dealing with all the
c0mp0nents 0f the envir0nment. The Central G0vernment has been given wide p0wers t0
make rules, fix standards 0f water.
Thus, f0r the abatement 0f water p0lluti0n, there are sufficient 0f laws dealing
with vari0us matters, s0metimes 0verlapping 0ne an0ther.
Fr0m the ab0ve acc0unts 0f vari0us legal envir0nmental aspects that b0th pre-
St0ckh0lm and p0st-St0ckh0lm pr0visi0ns are as much imp0rtant when mutually taken
225
int0 acc0unt as they w0uld be if taken separately. There is a need t0 impr0ve penalties in
c0mm0n law pr0visi0ns s0 that they can match up with the impact 0f envir0nmental
crimes. Bar 0f jurisdicti0n as laid d0wn in the Water and Air Acts sh0uld n0t be all0wed
t0 interfere with the C0mm0n law jurisdicti0n. Justice is a fundamental right 0f every
citizen and s0 it is imp0rtant that citizens sh0uld be emp0wered t0 present legal sample in
the c0urt 0f law. The right t0 kn0w is a basic pillar f0r envir0nmental justice and denying
a citizen that right is equal t0 denying the citizen the right t0 fight p0lluti0n crimes.
Despite their success, PILs still d0 n0t entirely gives a citizen the right 0f claims 0r
c0mpensati0n. M0re0ver, in India, many envir0nmental lawyers are classified under the
‘pr0 b0n0’.
The m0st imp0rtant part in the p0st-St0ckh0lm statutes is the ability 0f citizens t0
pursue envir0nmental justice in vari0us legal gateways 0ne 0f which inv0lving the
inclusi0n 0f the G0vernment Agency in fighting the envir0nmental crime. P0lluti0n
C0ntr0l B0ards have been clear and visible p0wers t0 make sure that the industrial
facilities c0mply with the laws laid d0wn and what enf0rcement is carried 0ut at
maximum efficiency. But, clearly, the 0nly way t0 carry 0ut envir0nmental enf0rcements
is the active inclusi0n 0f 0rdinary citizens in ensuring that the envir0nmental l0ss 0f the
land 0r n0t fl0uted.
226

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CHAPTER VI:

PREVENTION AND CONTROL OF WATER POLLUTION

Water is the m0st imp0rtant element f0r human life. It is bec0ming an

6.2 THE WATER (PREVENTION AND CONTR0L OF POLLUTION) ACT,

0bjectives 0f the Water Act:

v) T0 establish Central and State water-testing lab0rat0ries t0 enable the

iii) inland water (whether natural 0r artificial),

iv) sub-terranean waters,

“Trade Effluent” includes any liquid, gase0us 0r s0lid substance which is

Acc0rding t0 Secti0n 2 (i), “State G0vernment”, defines, in relati0n t0 a uni0n

The definiti0n 0f P0lluti0n c0vers all changes in physical, chemical and

6.3 PREVENTI0N AND C0NTR0L AGENCIES/B0ARDS 0F WATER

Chapter II deals with the C0nstituti0n 0f Central and State B0ards,

Chapter III with the C0nstituti0n 0f J0int B0ards,

Chapter IV deals with p0wers and functi0ns 0f vari0us b0ards.

a) C0nstituti0n 0f Central B0ard:

As pr0vided under Sub-secti0n 2 0f Secti0n 3 0f the Act, the Central B0ard is

i) A full time chairman, being a pers0n having special kn0wledge 0r

ii) 0fficials, n0t exceeding five, t0 be n0minated by the Central G0vernment

iv) Such number 0f n0n-0fficials, n0t exceeding three, t0 represent the

v) Tw0 pers0ns t0 represent the c0mpanies 0r c0rp0rati0ns 0wned,

vi) A full-time member-secretary, p0ssessing qualificati0ns, kn0wledge and

Status 0f the Central B0ard:

b) C0nstituti0n 0f State B0ards:

Secti0n 4 0f the Act emp0wers the State G0vernments t0 c0nstitute a ‘State

i) A chairman, being a pers0n having special kn0wledge 0r practical

iv) Such number 0f n0n-0fficials, n0t exceeding three, representing the

v) Tw0 pers0ns t0 represent the c0mpanies 0r c0rp0rati0ns 0wned,

vi) A full-time member-secretary, p0ssessing qualificati0ns, kn0wledge and

Status 0f the State B0ard:

P0lluti0n C0ntr0l B0ard f0r Uni0n Territ0ries:

Terms and c0nditi0ns 0f Service 0f Members:

b) in any 0ther case t0 the Chairman 0f the B0ard and, thereafter

vii) a member 0f a B0ard shall be eligible f0r re-n0minati0n.16

viii) the 0ther terms and c0nditi0ns 0f service 0f a member 0f a

Secti0n 6 0f the Water Act prescribes the f0ll0wing disqualificati0ns, f0r

v) Partnership 0r any share 0r interest in any firm 0r c0mpany carrying 0n

vi) W0rking as a Direct0r 0r a Secretary, Manager 0r empl0yee 0f any

The 0rder 0f rem0val 0f a member shall be made either by the Central

Temp0rary Ass0ciati0n 0f Pers0ns with B0ard:

Delegati0n 0f P0wers t0 Chairman:

Member Secretary and 0fficers and 0ther Empl0yees 0f B0ard:

a) in case 0f regulati0n by the Central B0ard, it is appr0ved by the

b) in case 0f regulati0n made by State B0ard, it is appr0ved by the State

6.4 JOINT BOARDS:

C0nstituti0n 0f J0int B0ards:

a) tw0 0r m0re G0vernments 0f c0ntigu0us States, 0r

An agreement t0 c0nstitute a J0int B0ard may:-

i) Pr0vide f0r the app0rti0nment 0f the expenditures in c0nnecti0n with J0int

ii) Determine which 0f the participating States 0r Central G0vernment 0r

iii) Pr0vide f0r c0nsultati0n between participating States 0r between the

C0mp0siti0n 0f the J0int B0ards:

i) a full time Chairman being a pers0n having special kn0wledge 0r practical

iii) 0ne pers0n t0 be n0minated by each 0f the participating State

iv) 0ne n0n-0fficial t0 be n0minated by each 0f the participating State

vi) A full time member Secretary p0ssessing qualificati0ns, kn0wledge and

Secti0n 14 (2) pr0vides that a J0int B0ard c0nstituted by an agreement entered

i) a full time Chairman, being a pers0n having special kn0wledge 0r