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

CHAPTER V: PREVENTION AND CONTROL OF WATER POLLUTION

Section 19: Power of State Government to restrict the application of the Act to certain areas

• (1) Water Control Areas: “…if the State Government… is of opinion that the provisions of this Act need not apply to the entire State, it may… restrict the application of this Act to such area or areas as may be declared therein as water pollution, prevention and control area…”
  • Simple Explanation: This (largely historical) clause gave states the power to “roll out” the Act in phases. In 1974, a state could decide it only had the resources to apply this law to one river basin or one industrial city. It would declare that a “water control area,” and the law would only apply within those boundaries.
  • Practical Example: In 1975, the Government of Maharashtra might have issued a notification: “The Water Act, 1974, shall apply only to the ‘Bombay Metropolitan Region’ and the ‘Pune Industrial Area’.” This would mean a factory outside those areas was, for a time, not covered by the law. (Today, this is rare, as most states have declared their entire territory a “water control area.”)
• (2) Method of Declaration: “Each water pollution, prevention and control area may be declared either by reference to a map or by reference to the line of any watershed or the boundary of any district…”
  • Simple Explanation: This is just the technical method for defining the area’s boundaries in the official notification.
• (3) Altering Areas: “The State Government may… (a) alter any water pollution, prevention and control area… or (b) define a new water pollution, prevention and control area…”
  • Simple Explanation: The State Government has the flexibility to change these areas anytime—make them bigger, smaller, merge them, or create new ones.
  • Practical Example: In 1980, the Maharashtra Government (from the example above) issues a new notification: “The ‘water control area’ is hereby extended to cover the entire State of Maharashtra.” From this date, the Act applies to everyone in the state.

Section 20: Power to obtain information

This section gives the Board its “investigative” powers.

• (1) Power to Survey: “…the State Board or any officer empowered by it… may make surveys of any area and gauge and keep records of the flow or volume… of any stream or well… and may take such other steps as may be necessary in order to obtain any information…”
  • Simple Explanation: The Board’s officers have the legal right to enter an area, conduct surveys, measure the water flow in a river, take samples from a well, or install monitoring gauges to gather data on water quality and pollution.
  • Practical Example: Board scientists (acting as “empowered officers”) go to a river. They use a flow-meter to “gauge the flow,” and they “make surveys” by taking water samples at 10 different locations to create a pollution map. This section is their legal authority to do this.
• (2) Power to get info (from Water Users): “…a State Board may give directions requiring any person who… is abstracting water… or is discharging sewage or trade effluent… to give such information… as may be specified…”
  • Simple Explanation: The Board has the power to send a legally binding order (a “direction”) to any person or factory that is (a) taking large amounts of water from a river/well or (b) dumping waste into it, forcing them to provide detailed information.
  • Practical Example: The Board sends a formal notice to a large power plant: “Under Section 20(2), you are hereby directed to provide us with your daily water ‘abstraction’ (intake) records and ‘discharge’ (outlet) records for the past 12 months. This information is due in 15 days.” The plant must comply or face penalties.
• (3) Power to get info (from Establishments): “…a State Board may… give directions requiring any person in charge of any establishment… to furnish… information regarding the construction, installation or operation of such establishment or of any disposal system…”
  • Simple Explanation: This is a very broad and powerful right. The Board can force any industry or plant to hand over any information about its internal construction, machinery, operations, or (especially) its pollution control systems.
  • Practical Example: The Board is investigating a chemical company. It sends a notice under Section 20(3): “You are directed to furnish the complete ‘as-built’ engineering blueprints for your Effluent Treatment Plant, a list of all chemicals used on-site, and the operational logbook for your plant for the month of June.” The company cannot claim this is “private” or “confidential” information; it must be given to the Board.

Section 21: Power to take samples of effluents and procedure to be followed in connection therewith

This section is vital because it sets the strict rules for collecting evidence (samples). If these steps are not followed, the evidence cannot be used in court.

• (1) Power to Take Samples: “A State Board or any officer empowered by it in this behalf shall have power to take for the purpose of analysis samples of water from any stream or well or samples of any sewage or trade effluent…”
  • Simple Explanation: Authorized Board officers have the legal right to take water samples from any river, well, or pipe that is discharging waste.
  • Practical Example: A Board officer visits a food processing unit and takes a sample of the milky-white wastewater flowing out of the factory’s discharge pipe into a municipal sewer.
• (2) Admissibility: “The result of any analysis of a sample… shall not be admissible in evidence in any legal proceeding unless the provisions of sub-sections (3), (4) and (5) are complied with.”
  • Simple Explanation: The lab results are useless in court if the sampling officer fails to follow the mandatory procedural steps listed below.
  • Practical Example: The Board finds high levels of chemicals in a sample, but the officer forgot to divide it into two parts (as required in (3)(b)). The factory’s lawyer successfully argues the sample is inadmissible, and the case is dismissed.
• (3) Mandatory Procedure (When Occupier is Present and Co-operative):
  • (a) Notice: “…serve on the person in charge… a notice… of his intention to have it so analysed;”
    • Practical Example: The officer hands the factory manager a pre-printed form titled “Notice of Intention to Collect Sample” right at the discharge point.
  • (b) Division: “…in the presence of the occupier or his agent, divide the sample into two parts;”
    • Practical Example: The collected wastewater is poured into two identical, separate, sterile bottles in front of the factory manager.
  • (c) Marking & Sealing: “…cause each part to be placed in a container which shall be marked and sealed and shall also be signed both by the person taking the sample and the occupier or his agent;”
    • Practical Example: Both bottles are sealed (e.g., with wax or a special adhesive tape), and the Board officer and the factory manager must both sign the label or seal on both bottles.
  • (d) Send 1st Container: “…send one container forthwith… to the laboratory established or recognised by the State Board…”
    • Practical Example: The officer immediately sends Bottle 1 to the State Board’s main laboratory for official testing by the Board Analyst.
  • (e) Send 2nd Container (Upon Request): “…on the request of the occupier or his agent, send the second container… to the laboratory established or specified under sub-section (1) of section 52 [independent lab].”
    • Practical Example: The factory manager verbally requests it. The officer then sends Bottle 2 to the independent, certified Government Analyst lab for a second opinion.
• (4) Procedure (When Occupier is Absent or Non-cooperative): If the occupier/agent willfully leaves after receiving the notice:
  • (a) Sealing & Sending: The officer seals and signs the single bottle, noting the wilful absence in a written report, and sends it to the independent Government Analyst (Sec 52 lab).
    • Practical Example: The factory manager takes the notice, shouts “I’m busy,” and walks away. The officer signs the single bottle alone and notes the time and date of the refusal in the logbook, ensuring the sample is still legally valid.
  • (b) Cost: The cost of the analysis is payable by the occupier/agent.
    • Proviso: The polluter must be given a chance to argue against paying the cost before the money is recovered.
    • Practical Example: The State Board pays the independent Government Analyst’s fee and then bills the factory ₹12,000. The factory can challenge the bill in a hearing.
• (5) Procedure (No Request for Second Sample): If the occupier is present but does not ask for the sample to be divided into two parts, the single bottle is sealed and sent to the Board’s own lab.
  • Practical Example: The officer asks the factory manager, “Do you want a second sample sent to the independent analyst?” The manager says no. The officer seals the single bottle and only sends it to the State Board’s lab for analysis.

Section 22: Reports of the result of analysis on samples taken under section 21

This section dictates what happens to the lab report after the analysis is complete.

• (1) Report Submission: The Board analyst analyzes the sample and submits the report in triplicate (three copies) to the Board.
  • Practical Example: The scientist in the State Board lab completes the analysis, signs the result report, and sends three copies to the Member-Secretary.
• (2) Distribution by Board: On receiving the report, the Board distributes the copies: one copy to the polluter/occupier, one preserved for use in court, and one kept by the Board for its files.
  • Practical Example: The Board sends a copy of the report (which shows the factory failed the standards) via registered post to the factory owner.
• (3) Independent Analyst Report: If the sample was sent to the independent Government Analyst (Sec 51/52 lab), that analyst also submits the report in triplicate to the Board, which then follows the same distribution procedure in (2).
  • Practical Example: This ensures the factory receives the results from the independent analysis they requested as well.
• (4) Precedence of Reports: “If there is any inconsistency or discrepancy between… the analysis carried out by the laboratory established or recognised by the Central Board or the State Board… and that of the laboratory established or specified under section 51 or section 52 [the independent lab], as the case may be, the report of the latter shall prevail.”
  • Simple Explanation: In a conflict, the report from the independent Government Analyst is considered final and conclusive proof of the facts.
  • Practical Example: The State Board’s lab says the pollution level is 100 BOD. The independent Government Analyst’s lab says the level is 20 BOD (which is compliant). The 20 BOD result must be accepted by the court, and the case against the factory fails.
• (5) Cost Recovery: Any cost incurred in getting the sample analyzed at the polluter’s request (for the independent check) must be paid by the polluter.
  • Practical Example: The factory asked for the independent check, which cost ₹15,000. They must pay this fee, even if the report ultimately saved them from prosecution.

Section 23: Power of entry and inspection

• (1) Right to Enter: Any authorized officer has the legal right to enter any place (including a vessel) at any time, with necessary assistance, for three purposes:
  • (a) Performing Functions: To carry out any general duty of the Board.
    • Practical Example: An officer enters a factory site to assess its total water usage as part of a state-wide water audit.
  • (b) Compliance Check: To verify that the factory is following all rules, notices, orders, or permits issued under the Act.
    • Practical Example: An officer checks the flow meter on the discharge pipe to ensure the factory is not exceeding its permitted daily volume.
  • (c) Search and Seizure: To examine records, search a place, and seize any record, register, or material object if they suspect an offense has been committed.
    • Practical Example: An officer suspects illegal night dumping. He enters the control room, checks the records, and finds a hidden logbook detailing unauthorized discharges. He can legally seize that logbook as evidence.
  • Proviso: The right to inspect a domestic well used only for drinking water on a residential property can only be exercised during reasonable hours.
    • Practical Example: The officer cannot demand entry to a private home at 11:00 PM to inspect the garden borewell.
• (2) Criminal Procedure Code Applies: Search or seizure actions must generally follow the same legal procedures as police carrying out a search warrant under the Code of Criminal Procedure.
  • Practical Example: The officer seizing the logbook (from (1)(c)) must prepare a formal, written list of all seized items, witnessed by two respectable people from the locality (a panchnama), to make the seizure legally sound.

Section 24: Prohibition on use of stream or well for disposal of polluting matter, etc.

This is the central prohibition in the entire Act.

• (1) Prohibition:
  • (a) Poisonous Matter: “no person shall knowingly cause or permit any poisonous, noxious or polluting matter… to enter (whether directly or indirectly) into any [stream or well or sewer or on land];”
    • Simple Explanation: It is a serious crime to knowingly allow any toxic, harmful, or polluting substance (above the legal standards) to enter any water body, sewer, or ground.
    • Practical Example: A factory manager tells a worker to open a valve at night, dumping highly acidic waste directly into the municipal sewer. This is a direct violation, leading to a mandatory minimum prison sentence (Sec 43).
  • (b) Impeding Flow: “…no person shall knowingly cause or permit to enter into any stream any other matter which may tend… to impede the proper flow of the water…”
    • Simple Explanation: You cannot dump non-polluting items, like trash or construction debris, into a river if it blocks the flow, especially if that blockage makes pollution from other sources worse.
    • Practical Example: A builder dumps inert demolition rubble next to a stream. The rubble washes into the stream, creating a dam that causes sewage upstream to back up and stagnate, severely increasing pollution. This is a violation.
• (2) Exempted Acts (Activities NOT Considered an Offence): You are not committing an offense just by doing the following, provided you have the legal right:
  • (a) Authorized Construction: Building or maintaining legal structures (bridges, dams, sewers) in or across the stream bed.
  • (b) Land Protection: Depositing non-polluting materials (like clean earth or stone) to protect the stream bank or reclaim land.
  • (c) Natural Deposits: Putting back natural sand or gravel that originated from the stream itself.
  • (d) Pond Silt with Consent: Disposing of silt from a pond or reservoir into a stream, but only with the written consent of the State Board.
    • Practical Example: A dredging company gets the Board’s consent to temporarily release de-silted mud from a reservoir into a controlled stream flow. This is a legal exception.
• (3) Exemption by State Government: The State Government can exempt any person from this prohibition, but only after consultation with the State Board and subject to specified conditions.
  • Practical Example: During a declared health emergency, the State Government might grant a temporary, conditional exemption to a water supply agency for a specific type of discharge to ensure public water supply, overriding the general prohibition.

Section 25: Restrictions on new outlets and new discharges

This is the famous ‘Consent to Establish’ and ‘Consent to Operate’ section for new activities.

• (1) The Prohibition: “no person shall, without the previous consent of the State Board,—”
  • (a) Establish: “…establish or take any steps to establish any industry, operation or process… which is likely to discharge sewage or trade effluent…”
    • Simple Explanation: You must get Consent to Establish (CTE) before you even begin construction on a factory or system that will eventually release waste.
    • Practical Example: A company buys land for a new distillery. They must get CTE from the State Board before laying the foundation, or they are in violation of the Act.
  • (b) New/Altered Outlet: “…bring into use any new or altered outlet for the discharge of sewage;”
    • Practical Example: A municipal sewage department builds a new, 3-foot wide pipe (an “outlet”) to release treated effluent. They cannot open the valve until they get the Board’s consent.
  • (c) New Discharge: “…begin to make any new discharge of sewage:”
    • Practical Example: A textile factory decides to change its dyeing process, resulting in a different chemical makeup of its waste (a “new discharge”). They must apply for and receive consent for this change before starting the new process.
  • Proviso: A historical clause giving companies establishing an industry right before a legal change (1988 Amendment) a 3-month window to apply for consent, allowing them to continue working while the application is pending.
• (2) Application: The application for consent must be in the prescribed form, contain specific technical details, and be accompanied by the prescribed fees.
  • Practical Example: The company must submit “Form XIII,” attach technical drawings of its pollution control plant, and pay the annual fee, calculated based on the investment cost of the project.
• (3) Inquiry: The State Board may hold an inquiry (investigation) into the application, following specific prescribed procedures.
  • Practical Example: The Board will often send its regional officer to the proposed site to verify the proximity to a river or residential area before making a decision.
• (4) Grant or Refusal: The State Board can either grant or refuse consent:
  • (a) Grant Consent (with Conditions): The Board grants the permit, but must impose binding conditions regarding: (i) the discharge point, (ii) the nature, composition, temperature, volume, or rate of the effluent, and (iii) the specific period the consent is valid for (e.g., 5 years).
    • Practical Example: The Board grants the permit, but requires: “The discharge must be continuously monitored at Location A, the temperature must not exceed 40°C, and the permit is valid for 3 years only.”
  • (b) Refuse Consent: The Board can refuse, but its reasons must be recorded in writing.
    • Practical Example: The Board issues a formal letter: “Consent refused because the location is within 100 meters of a protected wetland area (Reason 1) and your proposed ETP capacity is too small to meet the required standards (Reason 2).”
• (5) De Facto Consent: If a person illegally starts a project or discharge without consent, the Board can serve a notice imposing the same conditions it would have imposed legally.
  • Practical Example: A small workshop starts operating illegally. The Board issues a closure order, but also a notice saying: “If you want to legalize your operations, you must immediately comply with the following mandatory pollution standards and install a specific soak pit.”
• (6) Public Register: The Board must keep a register of all conditions imposed on permits. This register must be open for inspection by any interested or affected person.
  • Practical Example: A farmer whose irrigation water comes from the river can visit the Board’s office and demand to see the exact pollution limits placed on the factory upstream of him. The records in this register are treated as conclusive proof of the consent conditions.
• (7) Deemed Consent: If the State Board fails to either grant or refuse a complete application within four months, the consent is considered unconditionally given.
  • Practical Example: A company submits a complete application on January 15th. If the State Board has taken no formal action by May 16th, the company can legally start operating on May 17th, even without a physical permit, because the consent is deemed granted.
• (8) Definitions (New/Altered):
  • (a) New or altered outlet: Any discharge pipe built or significantly changed after the Act came into force.
  • (b) New discharge: A discharge that is substantially different in its chemistry, temperature, volume, or rate from what was discharged in the preceding 12 months. (A change that reduces pollution is not considered a new discharge.)

Section 26: Provision regarding existing discharge of sewage or trade effluent

This section applies the permit rules to those who were polluting before the Act was enforced. This is the ‘Consent to Operate’ mechanism.

• Section 26: Where immediately before the commencement of this Act any person was discharging any sewage or trade effluent… the provisions of section 25 shall… apply… subject to the modification that the application for consent… shall be made on or before such date as may be specified by the State Government…
  • Simple Explanation: All existing polluters (factories, municipalities, etc.) that were operating before the law was enforced must apply for a formal permit (Consent to Operate) by a deadline set by the State Government. They are then subject to the same standards and conditions as new industries.
  • Practical Example: A chemical factory established in 1965 in an area where the Act became mandatory in 1974. The State Government sets a deadline of December 31, 1975. The old factory must apply by that date and obtain a permit, which requires them to upgrade their old systems to meet modern pollution standards.

Section 27: Refusal or withdrawal of consent by State Board

• (1) Sampling Compliance: A State Board must not grant consent unless the industry design ensures the Board can exercise its right to take samples of the effluent.
  • Practical Example: The Board refuses a permit because the factory’s new discharge pipe is located 20 feet high on a wall with no ladder or platform. The Board tells the company, “Install a safe, permanent sampling manhole at ground level, and we will grant the permit.”
• (2) Review and Variation: A State Board may from time to time review:
  • (a) Any condition imposed: And serve a notice making any reasonable variation of or revoking (cancelling) any such condition.
    • Practical Example: The Board reviews an old consent permit from 2005. It realizes environmental standards have changed. It issues a notice to the company: “Your current Total Dissolved Solids (TDS) limit of 2,100 ppm is varied to a new, stricter limit of 1,000 ppm, effective in 90 days.”
  • (b) The refusal of any consent… or the grant of such consent without any condition: And may make such orders as it deems fit (e.g., retroactively adding conditions to an old permit that was granted unconditionally).
• (3) Continued Force: Any condition imposed or varied remains legally in force until the Board formally revokes (cancels) it.
  • Practical Example: A factory’s 5-year permit expires while the Board is still processing its renewal application. The old conditions remain legally binding on the factory until the Board issues a new order.

Section 28: Appeals

• (1) Right of Appeal: “Any person aggrieved by an order made by the State Board under section 25, section 26 or section 27 may, within thirty days… prefer an appeal to such authority (hereinafter referred to as the appellate authority)…”
  • Simple Explanation: If a person feels the Board’s decision (refusing, granting with harsh conditions, or cancelling a permit) is unfair, they have a right to challenge it within 30 days to a special, impartial Appellate Authority.
  • Proviso: The Appellate Authority can accept an appeal after the 30-day deadline if it is satisfied the delay was due to “sufficient cause” (a good reason).
    • Practical Example: A factory manager misses the deadline because the original Board order was lost in the mail due to a natural disaster. The Appellate Authority accepts the appeal based on this “sufficient cause.”
• (2) Appellate Authority Composition: The authority is appointed by the State Government and consists of either one single person or three persons.
  • Practical Example: The State Government appoints a panel of three people to handle appeals: a retired District Judge, a senior environmental scientist, and a representative from the Ministry of Industry.
• (3) Procedure: The appeal must follow the form, fees, and procedure prescribed in the rules.
• (4) Hearing: The Appellate Authority must give both the appellant (the person appealing) and the State Board a chance to be heard before making a final decision.
  • Practical Example: A public hearing is held where the factory presents evidence (e.g., technical reports) and the Board explains why it imposed the specific condition.
• (5) Outcome: If the Appellate Authority finds a condition or variation to be unreasonable, it can:
  • (a) Annul/Substitute: Throw out the condition entirely, or replace it with a new, reasonable condition.
    • Practical Example: The Board imposed a zero-discharge condition, which the Appellate Authority finds too extreme. It replaces it with a condition requiring a 95% reduction in discharge (a reasonable substitute).
  • (b) Unvaried/Varied: Throw out the Board’s attempt to vary (change) an old condition, or vary it in a more reasonable way.

Section 29: Revision

This section gives the State Government itself a “reserve power” to review decisions, independent of the formal appeal process.

• (1) Revision Power: “The State Government may at any time either of its own motion or on an application made to it… call for the records of any case where an order has been made by the State Board… for the purpose of satisfying itself as to the legality or propriety of any such order and may pass such order in relation thereto as it may think fit:”
  • Simple Explanation: A high-level government authority (like the state’s Environment Secretary) can re-examine a Board decision (permit refusal, grant, or cancellation) to ensure it was legal and proper, and can change the Board’s decision.
  • Proviso: The government must give both the State Board and the person affected a chance to be heard before changing any order.
    • Practical Example: A local citizen group writes to the Chief Minister, arguing that a powerful factory received an excessively lenient permit. The State Government orders a “revision” of the case. It must hold a hearing with the citizen group, the factory, and the State Board before issuing a new, stricter order.
• (2) Restriction: “The State Government shall not revise any order… where an appeal against that order lies to the appellate authority, but has not been preferred or where an appeal has been preferred such appeal is pending before the appellate authority.”
  • Simple Explanation: The government cannot use this revision power to bypass or interfere with a person’s right to appeal to the Appellate Authority (Sec 28). If an appeal is pending, the government must wait for the outcome.

Section 30: Power of State Board to carry out certain works

This section gives the Board the muscle to physically enforce compliance when polluters fail to act.

• (1) Board’s Enforcement Notice: Where a permit condition requires a person to execute any work (like building a treatment plant) and that work hasn’t been done by the deadline, the Board may serve a notice requiring the work to be done within at least thirty days.
  • Practical Example: A company was required to install a new, larger filtration system within 90 days as a condition of its permit. After 90 days, the work is unfinished. The Board issues a final notice: “Complete the installation within 30 days, or we will do it for you.”
• (2) Board Executes the Work: “If the person concerned fails to execute the work… the State Board may itself execute or cause to be executed such work.”
  • Simple Explanation: If the polluter ignores the final notice, the Board can legally enter the property, hire a contractor, and physically complete the required construction or modification work itself.
  • Practical Example: The polluter ignores the notice. The State Board hires a specialized engineering firm to finish the filtration system installation and begins operating it.
• (3) Cost Recovery: “All expenses incurred by the State Board for the execution of the aforesaid work, together with interest… may be recovered by that Board from the person concerned, as arrears of land revenue, or of public demand.”
  • Simple Explanation: The Board sends the polluter the bill (plus interest) for the work it did. If the bill is unpaid, the debt is treated exactly like unpaid taxes and can be forcibly recovered by seizing assets.
  • Practical Example: The State Board spent ₹85 lakh to install the new system. It sends the factory a bill for ₹85 lakh plus 10% interest. If the factory refuses to pay, the local government collector can initiate recovery proceedings against the factory’s property.

Section 31: Furnishing of information to State Board and other agencies in certain cases

This section mandates immediate reporting in case of accidents that cause or threaten pollution.

• (1) Mandatory Accident Reporting: If any poisonous, noxious, or polluting matter is discharged or is likely to be discharged due to an accident or unforeseen event from an industry, operation, or disposal system, and this pollutes or is likely to pollute a stream or well, the person in charge must forthwith intimate the occurrence… to the State Board and such other authorities or agencies as may be prescribed.
  • Simple Explanation: If there is a spill or leak that threatens water quality, the person in charge of the facility must immediately call and notify the State Pollution Control Board (SPCB) and other relevant agencies (like the fire department or local health officials).
  • Practical Example: A corrosive chemical storage tank ruptures at a manufacturing plant, and the acid spills onto the ground, threatening to soak into the groundwater (a “well”). The factory manager must immediately report the leak to the SPCB.
• (2) Local Authorities: Where any local authority operates any sewerage system or sewage works, the provisions of sub-section (1) shall apply to such local authority.
  • Simple Explanation: Municipal governments are also covered. If a city’s sewage system fails and causes a large pollution event, the municipality must report it.
  • Practical Example: A major city sewer line collapses, dumping raw, untreated sewage directly into a lake. The municipal official responsible for the sewerage department must immediately report the failure to the SPCB.

Section 32: Emergency measures in case of pollution of stream or well

This gives the Board the power to act first and ask questions later during a crisis.

• (1) Board’s Emergency Powers: Where the Board believes that poisonous matter is present in water or on land due to discharge or accident, and immediate action is needed, the Board may carry out operations for all or any of the following purposes (for reasons recorded in writing):
  • (a) Removing Matter:Removing that matter from the stream, well, or land and disposing of it safely.
    • Practical Example: Following a spill of heavy fuel oil into a river, the SPCB immediately hires a private contractor and specialized equipment to lay booms and physically vacuum the oil from the water surface.
  • (b) Remedying Pollution:Remedying or mitigating any pollution caused by its presence.
    • Practical Example: If the chemical discharge has killed a large number of fish, the SPCB might deploy special aeration equipment or neutralizing chemicals to stabilize the river’s dissolved oxygen levels to prevent further ecological damage.
  • (c) Issuing Orders:Issuing orders immediately restraining or prohibiting the person concerned from discharging any polluting matter or from making insanitary use of the stream or well.
    • Practical Example: The SPCB issues an immediate “stop discharge” order to the offending factory and places a seal on its discharge pipe, preventing any further waste from leaving the premises.
• (2) Works Restriction: The power under sub-section (1) only allows for works of a temporary character which must be removed on or before the completion of the emergency operations.
  • Simple Explanation: The Board can’t build a new, permanent sewage treatment plant in an emergency; it can only build temporary structures needed for the immediate crisis.
  • Practical Example: The Board can construct a temporary earthen dam to hold back the spill, but once the cleanup is finished, the dam must be removed.

Section 33: Power of Board to make application to courts for restraining apprehended pollution of water in streams or wells

This section allows the Board to seek a court injunction (a formal stop order) before pollution even occurs.

• (1) Apprehended Pollution: Where a Board apprehends (fears) that water is likely to be polluted by the disposal of any matter (in water, sewer, on land, or otherwise), the Board may apply to a court (Metropolitan Magistrate or Judicial Magistrate of the first class) for restraining the person who is likely to cause such pollution.
  • Simple Explanation: If the Board has strong evidence that someone is about to pollute the water, it can go to a judge immediately to get an injunction to prevent the act.
  • Practical Example: The SPCB learns that a factory’s effluent treatment plant (ETP) has broken down and the factory is planning to bypass the ETP and release raw effluent next week. The SPCB can go to court today to get a binding injunction to stop the bypass before it happens.
• (2) Court Order: The court may make any order it deems fit upon receiving the application.
• (3) Court Directives (After Restraint Order): Where the court grants the restraint order, it may also:
  • (i) Direct Desistance or Removal: Order the person who caused (or is likely to cause) the pollution to desist from taking such action (stop the pollution) or remove the polluting matter from the stream or well.
    • Practical Example: The court orders a company that has been stockpiling waste near a riverbank to remove the entire stockpile within seven days to eliminate the threat of runoff pollution.
  • (ii) Authorize Board to Remove: Authorize the Board, if the person fails to comply with the removal direction (i), to undertake the removal and disposal of the matter itself.
    • Practical Example: The company ignores the court’s removal order. The court then issues a secondary order authorizing the SPCB to contract a waste disposal company to clean up the site.
• (4) Expense Recovery: All expenses incurred by the Board for removal authorized by the court, less any money obtained from disposing of the matter, shall be recoverable from the person concerned as arrears of land revenue or of public demand.
  • Simple Explanation: The polluter is sent the final bill for the cleanup. If they refuse to pay, the government can forcibly recover the debt by seizing property, just like an unpaid tax bill.

Section 33A: Power to give directions

This is arguably the most powerful executive enforcement tool granted to the Boards.

• Section 33A:Notwithstanding anything contained in any other law, a Board may, in the exercise of its powers and performance of its functions, issue any directions in writing to any person, officer or authority, and such person, officer or authority shall be bound to comply with such directions.
  • Simple Explanation: This grant of power is absolute. The Board can issue a written order that overrides any conflicting law, and the recipient (whether a private citizen, a company, a municipal officer, or a government agency) has a legal duty to comply.
  • Explanation (a) Closure, Prohibition or Regulation: The power to issue directions includes the power to order the closure of any industry, the prohibition of any operation, or the regulation (setting strict operating rules) of any process.
    • Practical Example: A factory is polluting groundwater. The SPCB issues a Section 33A direction to the company: “Shut down the entire production line (closure) and cease all borewell extraction (prohibition) immediately.”
  • Explanation (b) Stoppage of Service: The power also includes the power to direct the stoppage or regulation of supply of electricity, water or any other service.
    • Practical Example: The SPCB sends a second Section 33A order to the State Electricity Board and the local water supply authority: “Immediately disconnect all electricity and water supply to the factory located at [Address].” The utility company must comply instantly.