What are the powers of the Central and State Pollution Control Boards to regulate water pollution?

Central Pollution Control Board

The Central Pollution Control Board has been constituted to prevent and control water pollution as well as maintain the wholesomeness of water.¹ It has the power to direct the State Pollution Control Boards². The Board, by law, can order the closure, prohibition or regulation of any industry, operation or process or stoppage or regulation of supply of electricity or water or any other services to the polluting or offending industry³. In addition to this, the Central Pollution Control Board, as a part of its function of Water Quality Monitoring and Surveillance, has the power to collect, compile and publish the technical and statistical data relating to water pollution.⁴

State Pollution Control Board

The State Pollution Control Boards have been entrusted with the power to lay down standards of discharge as well as the treatment of effluents into water bodies for all persons to comply, including body corporates. In order to achieve the aim of controlling and preventing water pollution, the state Pollution Control Boards have the power to:

i.    Obtain information: maintain records of the flow or volume of the effluents, carry out stream surveys and gather information regarding the disposal system from the industry or business establishment.⁵

ii.      Take samples of effluents, from any stream or well, for analysis.⁶

iii.      Enter and Inspect at any time to carry out the function of the Board or for examining the plant, records etc.⁷

iv.      Impose restrictions on new or modified discharge outlets.⁸

v.      Refuse or withdraw consent for the establishment of any industry or business.⁹

vi.      Carry out other works in connection with the direction of the Board.¹⁰

vii.     Perform emergency operation in the event of excess pollution of stream or well and dispose the polluting matter¹¹

viii.     Apply to the Courts to restrain the polluting industry or restrict such polluting activity.¹²

ix.      Issue immediate orders of closure, prohibition or regulation of industries for the violation of standards or non-compliance of any orders as well as stopping of electricity or water supply to the offending establishment, in order to reduce the discharge of pollutants.³

1. Preamble, The Water (Prevention and Control of Pollution) Act, 1974. [↩]
2. Section 18,The Water (Prevention and Control of Pollution) Act, 1974. [↩]
3. Section 33A,The Water (Prevention and Control of Pollution) Act, 1974. [↩] [↩]
4. Water Quality Monitoring, cpcb.nic.in, accessed at: https://cpcb.nic.in/Introduction/. [↩]
5. Section 20,The Water (Prevention and Control of Pollution) Act, 1974. [↩]
6. Section 21,The Water (Prevention and Control of Pollution) Act, 1974. [↩]
7. Section 23,The Water (Prevention and Control of Pollution) Act, 1974. [↩]
8. Section 25,The Water (Prevention and Control of Pollution) Act, 1974. [↩]
9. Section 27,The Water (Prevention and Control of Pollution) Act, 1974. [↩]
10. Section 30,The Water (Prevention and Control of Pollution) Act, 1974. [↩]
11. Section 32, The Water (Prevention and Control of Pollution) Act, 1974. [↩]
12. Section 33,The Water (Prevention and Control of Pollution) Act, 1974. [↩]