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Water (Prevention and Control of Pollution) Act, 1974 Chapter 4

Title: Powers and Functions of Boards

State: Central

Year: 1974

.....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 me asures 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 or 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 recognize a laboratory or laboratories to enable the Board to perform its functions under this.....

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Water (Prevention and Control of Pollution) Act, 1974 Section 16

Title: Functions of Central Board

State: Central

Year: 1974

.....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 me asures 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 or 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 recognize a laboratory or laboratories to enable the Board to perform its functions under this.....

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Water (Prevention and Control of Pollution) Act, 1974 Section 17

Title: Functions of State Board

State: Central

Year: 1974

.....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) to 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 especially 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 utilization 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.....

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Water (Prevention and Control of Pollution) Act, 1974 Chapter 5

Title: Prevention and Control of Water Pollution

State: Central

Year: 1974

.....him; (b) for the purpose of determining whether and if so in what manner, any such functions are to be performed or whether any provisions of this Act or the rules made thereunder of any notice, order, direction or authorization served, made, given, or granted under this Act is being or has been complied with; (c) for the purpose of examining any plant, record, register, document or any other material object or for conducting a search of any place in which he has reason to believe that an offence under this Act or the rules made thereunder has been or is being or is about to be committed and for seizing any such plant, record, register, document or other material object, if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act or the rules made thereunder: Provided that the right to enter under this sub-section for the inspection of a well shall be exercised only at reasonable hours in a case where such well is situated in any premises used for residential purposes and the water thereof is used exclusively for domestic purposes. (2) The provisions of 1 [the Code of Criminal Procedure, 1973 (2 of 1974)], or, in.....

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Water (Prevention and Control of Pollution) Act, 1974 Section 21

Title: Power to Take Samples of Effluents and Procedure to Be Followed in Connection Therewith

State: Central

Year: 1974

..... (i) in a case where such sample is taken from any area situated in a Union territory, to the laboratory established or specified under sub-section (1) of section 51; and (ii) in any other case, to the laboratory established or specified under subsection (1) of section 52. 1 [(4) When a sample of any sewage or trade affluent is taken for analysis under subsection (1) and the person taking the sample serves on the occupier or his agent, a notice under clause (a) of sub-section (3) and the occupier or his agent willfully absents himself, then- (a) the sample so taken shall be placed in a container which shall be marked and sealed and shall also be signed by the person taking the sample and the same shall be sent forthwith by such person for analysis to the laboratory referred to in sub-clause (i) or sub-clause (ii), as the case may be, of clause (e) of sub-section (3) and such person shall inform the Government analyst appointed under sub-section (1) or sub-section (2), as the case may be, of section 53, in writing about the wilful absence of the occupier or his agent; and (b) the cost incurred in getting such sample analysed shall be payable by the.....

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Water (Prevention and Control of Pollution) Act, 1974 Section 22

Title: Reports of the Result of Analysis on Samples Taken Under Section 21

State: Central

Year: 1974

.....the sample and submit a report in the prescribed form of the result of the analysis in triplicate to the Central Board or, as the case may be, the State Board which shall comply with the provisions of sub-section (2). (4) If there is any inconsistency or discrepancy between, or variation in the results of, the analysis carried out by the laboratory established or recognised by the Central Board or the State Board, as the case may be, and that of the laboratory established or specified under section 51 or section 52, as the case may be, the report of the latter shall prevail. (5) Any cost incurred in getting any sample analysed at the request of the occupier or his agent shall be payable by such occupier or his agent and in case of default the same shall be recoverable from him as arrears of land revenue or of public demand.

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Water (Prevention and Control of Pollution) Act, 1974 Section 27

Title: Refusal or Withdrawal of Consent by State Board

State: Central

Year: 1974

.....thereto, or the outlet is so established as to comply with any conditions imposed by the Board to enable it to exercise its right to take samples of the effluent.] 2 [(2) A State Board may from time to time review- 3 [(a) any condition imposed under section 25 or section 26 and may serve on the person to whom a consent under section 25 or section 26 is granted a notice making any reasonable variation of or revoking any such condition.] (b) the refusal of any consent referred to in sub-section (1) of section 25 or section 26 or the grant of such consent without any condition, and may make such orders as it deemed fit.] (3) Any condition imposed under section 25 or section 26 shall be subject to any variation made under sub-section (2) and shall continue in force until revoked under that sub-section. __________________________ 1. Substituted by Act 53 of 1988, section 13, for sub-section (1) (w.e.f. 29-9-1988). 2. Substituted by Act 44 of 1978, section 14, for sub-section (2). 3. Substituted by Act 53 of 1988, section 13, for clause (a) (w.e.f. 29-9-1988).

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Water (Prevention and Control of Pollution) Act, 1974 Chapter 8

Title: Miscellaneous

State: Central

Year: 1974

.....of Government or any member or officer of a Board in respect of anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder. Section 60 - Overriding effect The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act. Section 61 - Power of Central Government to supersede the Central Board and Joint Boards (1) If at any time the Central Government is of opinion (a) that the Central Board or any Joint Board has persistently made default in the performance of the functions imposed on it by or under this Act; or (b) that circumstances exist which render it necessary in the public interest so to do, the Central Government may, by notification in the Official Gazette, supersede the Central Board or such Joint Board, as the case may be, for such period, not exceeding one year, as may be specified in the notification: Provided that before issuing a notification under this sub-section for the reasons mentioned in clause (a), the Central Government shall give a reasonable opportunity to the Central Board or such Joint Board, as the case.....

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Water (Prevention and Control of Pollution) Act, 1974 Section 51

Title: Central Water Laboratory

State: Central

Year: 1974

(1) The Central Government may, by notification in the Official Gazette, (a) establish a Central Water Laboratory; or (b) specify any laboratory or institute as a Central Water Laboratory, to carry out the functions entrusted to the Central Water Laboratory under this Act. (2) The Central Government may, after consultation with the Central Board, make rules prescribing (a) the functions of the Central Water Laboratory; (b) the procedure for the submission to the said laboratory of samples of water or of sewage or trade effluent for analysis or tests, the form of the laboratory's report thereunder and the fees payable in respect of such report; (c) such other matters as may be necessary or expedient to enable that laboratory to carry out its functions.

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Water (Prevention and Control of Pollution) Act, 1974 Section 52

Title: State Water Laboratory

State: Central

Year: 1974

(1) The State Government may, by notification in the Official Gazette (a) establish a State Water Laboratory; or (b) specify any laboratory or institute as a State Water Laboratory, to carry out the functions entrusted to the State Water Laboratory under this Act. (2) The State Government may, after consultation with the State Board, make rules prescribing (a) the functions of the State Water Laboratory; (b) the procedure for the submission to the said laboratory of samples of water or of sewage or trade effluent for analysis or tests, the form of the laboratory's report thereon and the fees payable in respect of such report;. (c) such other matters as may be necessary or expedient to enable that laboratory to carry out its functions.

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