POWERS AND FUNCTIONS OF BOARDS
16. FUNCTIONS OF CENTRAL BOARD
(1) Subject to the provisions of this Act, the
main function of the Central Board shall be to promote cleanliness of
streams and wells in different areas of the States.
(2) In particular and without prejudice to the
generality of the foregoing function, the Central Board may perform all
or any of the following functions, namely:--
(a) advise the Central Government on any matter concerning the prevention and control of water pollution;
(b) co-ordinate the activities of the State Boards and resolve disputes among them;
(c) provide technical assistance and guidance to
the State Boards, carry out and sponsor investigations and research
relating to problems of water pollution and prevention, control or
abatement of water pollution;
(d) plan and organise the training of persons
engaged or to be engaged in programs for the prevention, control or
abatement of water pollution on such terms and conditions as the Central
Board may specify;
(e) organise through mass media a comprehensive programme regarding the prevention and control of water pollution;
1[(ee) perform such of the functions
of any State Board as may be specified in an order made under
sub-section (2) of section 18];
(f) collect, compile and publish technical and
statistical data relating to water pollution and the measures devised
for its effective prevention and control and prepare manuals, codes or
guides relating to treatment and disposal of sewage and trade effluents
and disseminate information connected therewith;
(g) lay down, modify or annul, in consultation
with the State Government concerned, the standards for a stream or well:
Provided that different standards may be laid down for the same stream
or well or for different streams or wells, having regard to the quality
of water, flow characteristics of the stream or well and the nature of
the use of the water in such stream or well or streams or wells;
(h) plan and cause to be executed a nation-wide programme for the prevention, control or abatement of water pollution;
(i) perform such other functions as may be prescribed.
(3) The Board may establish or recognise a laboratory
or laboratories to enable the Board to perform its functions under this
section fficiently, including the analysis of samples of water from any
stream or well or of samples of any sewage or trade effluents.
17. FUNCTIONS OF STATE BOARD
(1) Subject to the provisions of this Act, the functions of a State Board shall be --
(a) to plan a comprehensive programme for the
prevention, control or abatement of pollution of streams and wells in
the State and to secure the execution thereof;
(b) to advise the State Government on any matter concerning the prevention, control or abatement of water pollution;
(c) to collect and disseminate information relating to water pollution and the prevention, control or abatement thereof;
(d) to encourage, conduct and participate in
investigations and research relating to problems of water pollution and
prevention, control or abatement of water pollution;
(e) to collaborate with the Central Board in
organising the training of persons engaged or to be engaged in
programmes relating to prevention, control or abatement of water
pollution and to organise mass education programmes relating thereto;
(f) to inspect sewage or trade effluents, works
and plants for the treatment or sewage and trade effluents and to review
plans, specifications or other data relating to plants set up for the
treatment of water, works for the purification thereof and the system
for the disposal of sewage or trade effluents or in connection with the
grant of any consent as required by this Act;
(g) lay down, modify or annul effluent standards
for the sewage and trade effluents and for the quality of receiving
waters (not being water in an inter-State stream) resulting from the
discharge of effluents and to classify waters of the State;
(h) to evolve economical and reliable methods of
treatment of sewage and trade effluents, having regard to the peculiar
conditions of soils, climate and water resources of different regions
and more specially the prevailing flow characteristics of water in
streams and wells which render it impossible to attain even the minimum
degree of dilution;
(i) to evolve methods of utilisation of sewage and suitable trade effluents in agriculture;
(j) to evolve efficient methods of disposal of
sewage and trade effluents on land, as are necessary on account of the
predominant conditions of scant stream flows that do not provide for
major part of the year the minimum degree of dilution;
(k) to lay down standards of treatment of sewage
and trade effluents to be discharged into any particular stream taking
into account the minimum fair weather dilution available in that stream
and the tolerance limits of pollution permissible in the water of the
stream, after the discharge of such effluents;
(l) to make, vary or revoke any order --
(i) for the prevention, control or abatement of discharge of waste into streams or wells;
(ii) requiring any person concerned to construct
new systems for the disposal of sewage and trade effluents or to modify,
alter or extend any such existing system or to adopt such remedial
measures as are necessary to prevent control or abate water pollution;
(m) to lay down effluent standards to be complied
with by persons while causing discharge of sewage or sullage or both and
to lay down, modify or annul effluent standards for the sewage and
trade effluents;
(n) to advice the State Government with respect
to the location of any industry the carrying on of which is likely to
pollute a stream or well;
(o) to perform such other functions as may be
prescribed or as may, from time to time be entrusted to it by the
Central Board or the State Government.
(2) The Board may establish or recognise a laboratory
or laboratories to enable the Board to perform its functions under this
section efficiently, including the analysis of samples of water from
any stream or well or of samples of any sewage or trade effluents.
18. POWERS TO GIVE DIRECTIONS
2[1)] In the performance of its functions under this Act --
(a) the Central Board shall be bound by such directions in writing the Central Government may give to it; and
(b) every State Board shall be bound by such
directions in writing as the Central Government or the State Government
may give to it:
Provided that where a direction given by the State
Government is inconsistent with the direction given by the Central
Board, the matter shall be referred to the Central Government for its
decision.
3[(2) Where the Central Government is
of the opinion that and State Board has defaulted in complying with any
directions given by the Central Government under sub-section (1) and as a
result of such default a grave emergency has arisen and it is necessary
or expedient so to do in the public interest, it may, by order, direct
the Central Board to perform any of the functions of the State Board in
relation to such area for such period and for such purposes, as may be
specified in the order.
(3) Where the Central Board performs any of the
functions of the State Board in pursuance of a direction under
sub-section (2), the expenses, if any, incurred by the Central Board
with respect to performance of such functions may, if the State Board is
empowered to recover such expenses, be recovered by the Central Board
with interest (at such reasonable rate as the Central Government may, by
order, fix) from the date when a demand for such expenses is made until
it is paid from the person or persons concerned as arrears of land
revenue or of public demand.
(4) For the removal of doubts, it is hereby
declared that any directions to perform the functions of any State Board
given under sub-section (2) in respect of any area would not preclude
the State Board from performing such functions in any other area in the
State or any of its other functions in that area.
1 Ins. by Act 53 of 1988, s. S.
2 S. 18 renumbered as sub-section (1) thereof by Act 53 of 1988, s. 9.
3 Ins. by s. 9, ibid.
PENALTIES AND PROCEDURE
1["41. Failure to comply with directions
under sub-section (2) or sub-section (3) of section of 20, or orders
issued under clause (c) of sub-section (1) of 32 or directions issued
under sub-section (2) of section 33 or section 33A.
(1) Whoever fails to comply with any direction
given under sub-section (2) or sub-section (3) of section 20 within such
time as may be specified in the direction shall, or conviction, be
punishable with imprisonment for a term which may extend to three months
or with fine which may extend to ten thousand rupees or with both and
in case the failure continues, with an additional fine which may extend
to five thousand rupees for every day during which such failure
continues after the conviction for the first such failure.
(2) Whoever fails to comply with any order issued
under clause (c) of sub-section (1) of section 32 or any direction
issued by a court under sub-section (2) of section 33 or any direction
issued under section 33A shall, in respect of each such failure and on
conviction, be punishable with imprisonment for a term which shall not
be less than one year and six months but which may extend to six years
and with fine, and case the failure continues, with an additional fine
which may extend to five thousand rupees for every day during which such
failure continues after the conviction for the first such failure.
(3) If the failure referred to in sub-section (2)
continues beyond a period of one year after the date of conviction, the
offender shall, on conviction, be punishable with imprisonment for a
term which shall not be less than two years but which may extend to
seven years and with fine]
42. PENALTY FOR CERTAIN ACTS
(1) Whoever --
(a) destroys, pulls down, removes, injures or defaces
any pillar, post or stake fixed in the ground or any notice or other
matter put up, inscribed or placed, by or under the authority of the
Board, or
(b) obstructs any person acting under the orders
or directions of the Board from exercising his powers and performing his
functions under this Act, or
(c) damages any works or property belonging to the Board, or
(d) fails to furnish to any officer or other
employees of the Board any information required by him for the purpose
of this Act, or
(e) fails to intimate the occurrence of an
accident or other unforeseen act or even under section 31 to the Board
and other authorities or agencies as required by that section, or
(f) in giving any information which he is
required to give under this Act, knowingly or wilfully makes a statement
which is false in any material particular, or
(g) for the purpose of obtaining any consent
under section 25 or section 26, knowingly or willfully makes a statement
which is false in any material particular
shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to 2[ten thousand rupees or with both.]
(2) Where for the grant of a consent in pursuance
of the provisions of section 25 or section 26 the use of a meter or
gauge or other measure or monitoring device is required and such device
is used for the purposes of those provision, any person who knowingly or
willfully alters or interferes with that device so as to prevent it
from monitoring or measuring correctly shall be punishable with
imprisonment for a term which may extend to three months or with fine
which may extend to 2[ten thousand rupees] or with both.
43. PENALTY FOR CONTRAVENTION OF PROVISIONS OF SECTION 24
Whoever contravenes the provisions of section 24 shall be punishable with imprisonment for a term which shall not be less than 3[one year and six months] but which may extend to six years and with fine.
44. PENALTY FOR CONTRAVENTION OF SECTION 25 OR SECTION 26
Whoever contravenes the provision of section 25
or section 26 shall be punishable with imprisonment for a term which
shall not be less than 4[two years] but which may extend to six years and with fine.
45. ENHANCED PENALTY AFTER PREVIOUS CONVICTION
If any person who has been convicted of any
offence under section 24 or 25 or section 26 is again found guilty of an
offence involving a contravention of the same provision, he shall, on
the second and on every subsequent conviction, be punishable with imprisonment for a term which shall not be less than 4[one and half years] but which may extend to seven years and with fine:
Provided that for the purpose of this section no
cognizance shall be taken of any conviction made more than two years
before the commission of the offence which is being punished.
45A. PENALTY FOR CONTRAVENTION OF CERTAIN PROVISIONS OF THE ACT
5[Whoever contravenes any of the
provisions of this Act or fails to comply with any order or direction
given under this Act, for which no penalty has been elsewhere provided
in this Act, shall be punishable with imprisonment which may extend to
three months or with fine which may extend to ten thousand rupees or
with both and in the case of a continuing contravention or failure, with
an additional fine which may extend to five thousand rupees for every
day during which such contravention or failure continues after
conviction for the first such contravention or failure]
46. PUBLICATION OF NAMES OF OFFENDERS
If any person convicted of an offence under this
Act commits a like offence afterwards it shall be lawful for the court
before which the second or subsequent conviction takes place to cause
the offender's name and place of residence, the offence and the penalty
imposed to be published at the offender's expense in such newspapers or
in such other manner as the court may direct and the expenses of such
publication shall be deemed to be part of the cost attending the
conviction and shall be recoverable in the same manner as a fine.
47. OFFENCES BY COMPANIES
(1) Where an offence under this Act has been
committed by a company, every person who at the time the offence was
committed was in charge of, and was responsible to the company for the
conduct of, the business of the company, as well as the company, shall
be deemed to the guilty of the offence and shall be liable to be
proceeded against and punished accordingly:
Provided that nothing contained in this
sub-section shall render any such person liable to any punishment
provided in this Act if he proves that the offence was committed without
his knowledge for that he exercised all due diligence to prevent the
commission of such offence.
(2) Notwithstanding anything contained in
sub-section (1), where an offence under this Act has been committed by a
company and it is proved that the offence has been committed with the
consent or connivance of, or is attributable to any neglect on the part
of, any director, manager, secretary or other officer of the company,
such director, manager, secretary or other officer shall also be deemed
to be guilty of that offence and shall be liable to be proceeded against
and punished accordingly.
Explanation--For the purpose of this section,--
(a) "company" means any body corporate, and includes a firm or other association of individuals; and
(b) "director" in relation to a firm means a partner in the firm.
48. OFFENCES BY GOVERNMENT DEPARTMENTS
Where an offence under this Act has been
committed by any Department of Government, the Head of the Department
shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly:
Provided that nothing contained in this section
shall render such Head of the Department liable to any punishment if he
proves that the offence was committed without his knowledge or that he
exercised all due diligence to prevent the commission of such offence.
49. COGNIZANCE OF OFFENCES
6[(1) No court shall take cognizance of any offence under this Act except on a complaint made by--
(a) a Board or any officer authorised in this behalf by it; or
(b) any person who has given notice of not less
than sixty days, in the manner prescribed, of the alleged offence and of
his intention to make a complaint, to the Board or officer authorised
as aforesaid, and no court inferior to that of a Metropolitan
Magistrate or a Judicial Magistrate of the first class shall try any
offence punishable under this Act]
7[(2) Where a complaint has been made under
clause (b) of sub-section (1), the Board shall, on demand by such
person, make available the relevant reports in its possession to that
person:
Provided that the Board may refuse to make any
such report available to such person if the same is, in its opinion,
against the public interest]
8[(3) 2 of 1974.
Notwithstanding anything contained in section 29 of the Code of Criminal Procedure, 1973"], it shall be lawful for any 9[Judicial
Magistrate of the first class or for any Metropolitan Magistrate"] to
pass a sentence of imprisonment for a term exceeding two years or of
fine exceeding two thousand rupees on any person convicted of an offence
punishable under this Act.
50. MEMBERS, OFFICERS AND SERVANTS OF BOARD TO BE PUBLIC SERVANTS
All members, officers and servants of a Board
when acting or purporting to act in pursuance of any of the provisions
of this Act (45 of 1860) and the rules made thereunder shall be deemed
to be public servants within the meaning of section 21 of the Indian
Penal Code.
1 Subs. by Act 53 of 1988, s. 21, for s. 11
2 Subs. by Act 53 of 1988, s. 22,, for "one thousand rupees"
3 Subs. by s. 24, ibgd., for "one year".
4 Subs. by ibid., s. 23. for "six months".
5 Ins. by s. 25, ibid.,
6 Subs. by Act 53 of 1988, s. 26 for sub-section (1)
7 Ins by s. 26, ibid
8 Sub-section (2) renumbered as sub-section (3) by s. 26, ibid.
9 Subs. by Act 44 of 1978, s. 19, for certain words.
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