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.