The WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974
chhattisgarh · 1974
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1Short title, application and commencement (1) This Act may be called the Water (Prevention and Control of Pollution) Ac
- S. 2Section defines key terms used in the Water (Prevention and Control of Pollution) Act, 1974, including "Board," "Central Board," "occupier," and "pollution."
- S. 3Section 3 establishes the Central Pollution Control Board to oversee and enforce environmental protection laws.
- S. 4The section establishes State Pollution Control Boards to oversee and manage environmental protection and pollution control in the state.
- S. 5Section 5 outlines the terms, conditions, and removal process for members of the Water Pollution Control Board under the Water Act, 1974.
- S. 6Section 6 prohibits certain individuals from serving on the Board under the Water Act due to insolvency, criminal conviction, or conflicts of interest.
- S. 7Section 7 disqualifies and vacates a member's seat on the Board if they meet any disqualifications listed in section 6.
- S. 8Section 8 mandates water pollution control boards to meet quarterly, with flexibility for urgent matters.
- S. 9The section allows the formation of committees by the Board for specific purposes and prescribes their meeting times, rules, and member compensation.
- S. 10Section 10 allows the Board to temporarily associate non-members for specific purposes, granting them discussion rights but no voting or membership status.
- S. 11Section 11 ensures that vacancies in the Board do not invalidate its actions or proceedings.
- S. 12Section 12 outlines the terms, powers, and duties of the member-secretary and the appointment process for officers and employees of the pollution control board.
- S. 13Section 13 allows agreements between contiguous states or central and state governments to form Joint Boards for water pollution control.
- S. 14Section 14 outlines the composition of Joint Boards for managing water pollution control, including representatives from central and state governments, local authorities, and industry.
- S. 15Section 15 specifies that State governments direct pollution control within their jurisdiction, while the Central Government directs pollution control across multiple states or Union Territories.
- S. 16Section 16 outlines the functions of the Central Board to promote water cleanliness, advise on pollution control, and coordinate, research, and train state boards.
- S. 17Section 17 outlines the functions of the State Board for preventing, controlling, and abating water pollution in Chhattisgarh.
- S. 18Section 18 grants the Central Government authority to direct Central and State Pollution Control Boards and to assume State Board functions in emergencies.
- S. 19The section allows the State Government to limit the application of the Act to specific water pollution control areas.
- S. 20Section 20 empowers state boards to conduct surveys, install monitoring equipment, and require information from entities affecting water quality to prevent pollution.
- S. 21Section 21 authorizes state pollution control boards to sample and analyze effluents, with specific procedures for analysis results to be admissible in legal proceedings.
- S. 22Section 22 mandates the analysis and reporting of sewage and trade effluent samples, with copies sent to relevant parties and the government.
- S. 23Section 23 grants State Pollution Control Board officials the right to inspect and seize evidence of water pollution offenses.
- S. 24Prohibition on use of stream or well for disposal of polluting matter, etc
- S. 25Section 25 prohibits new sewage discharges without state board consent under the Water Act.
- S. 26Section 26 allows existing sewage or trade effluent discharges to comply with new consent requirements set by the State Government.
- S. 27The State Board can refuse or modify consent for industrial operations if they don't comply with pollution sample conditions.
- S. 28Section 28 allows aggrieved parties to appeal State Board pollution control orders to an Appellate Authority, which can adjust unreasonable conditions.
- S. 29The State Government can review pollution control orders but not if an appeal is pending.
- S. 30The State Board can compel a person to execute required works or do it itself and recover costs as land revenue arrears.
- S. 31Section 31 mandates reporting of accidental water pollution to the State Board and relevant agencies.
- S. 32Section 32 allows the State Board to take immediate actions to remove pollution and prevent further contamination in emergencies.
- S. 33Section 33 empowers the Board to apply to courts to prevent anticipated water pollution and authorizes courts to order pollution prevention and Board removal of pollutants.
- S. 34The Central Government can provide financial support to the Central Board for pollution control under this Act.
- S. 35The State Government can allocate funds to the State Board to help it fulfill its duties under the Act.
- S. 36Section 36 establishes the fund for the Central Board to manage its financial resources and expenditures for pollution control.
- S. 37Section 37 establishes the State Board's fund, detailing its receipts and expenditures for pollution control functions.
- S. 38Section 38 mandates the preparation of annual budgets and reports by pollution control boards for financial oversight and legislative submission.
- S. 40Section 40 mandates the maintenance of accounts and audit by the Water Pollution Control Board, with reports sent to the Central or State Government.
- S. 42Section 42 imposes penalties for obstructing or interfering with the Board's pollution control activities and providing false information.
- S. 43Section 43 imposes imprisonment and fine for violating pollution control provisions in section 24.
- S. 44Section 44 imposes imprisonment and fine for violating pollution control provisions in sections 25 or 26.
- S. 45Section 45 imposes enhanced penalties for repeat offenders of water pollution provisions under the Act.
- S. 46Section 46 mandates publication of repeat offenders' names and details of their penalties in newspapers or other specified ways.
- S. 47Section 47 holds company officers liable for pollution offenses committed by the company, unless they prove lack of knowledge or due diligence.
- S. 48Section 48 holds government department heads liable for pollution offenses, unless they prove lack of knowledge or due diligence.
- S. 49Section 49 outlines the conditions for taking cognizance of water pollution offenses and specifies the magistrate level for trials and penalties.
- S. 50Members, officers, and servants of the Board are deemed public servants under the Indian Penal Code.
- S. 51Section 51 establishes a Central Water Laboratory to analyze water pollution samples and sets rules for its functions and procedures.
- S. 52Section 52 allows the State Government to establish or designate a State Water Laboratory for pollution control analysis and sets rules for its functions and procedures.
- S. 53Section 53 appoints government and Board analysts for analyzing water, sewage, or trade effluent samples.
- S. 54Section allows reports from government or Board analysts to serve as evidence in pollution control proceedings.
- S. 55Local authorities must assist the pollution control board by providing necessary information and documents.
- S. 56Section allows State Boards to acquire land needed for pollution control functions under the Land Acquisition Act.
- S. 57Section 57 mandates boards to submit required reports and information to respective governments and the Central Board.
- S. 58Section 58 prevents civil courts from hearing pollution-related suits that an appellate authority under the Act can determine.
- S. 59Section protects government officials from legal action for actions taken in good faith under the Act.
- S. 60Section 60 overrides any conflicting laws, ensuring the WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 prevails.
- S. 61Section 61 allows the Central Government to temporarily replace pollution control boards if they fail to perform duties or if circumstances require it.
- S. 62The State Government can temporarily replace the State Board if it fails to perform duties or if public interest demands it.
- S. 63Section 63 empowers the Central Government to create rules for the Central Pollution Control Board's functioning, including service terms and meeting procedures.
- S. 64Section 64 empowers the State Government to create rules for the State Board's functioning, excluding matters under section 63.