(1) Constitution of Central Board:

According to Section-3, the Central Board shall consist of the following mem­bers:

(a) A full-time Chairman (to be nominated by the Central Government) having the knowledge or practical experience in matters related to environmental pro­tection or having knowledge and experience in administration of institu­tions dealing with aforesaid matters.

(b) Not more than five officials nominated by the Central Government.

(c) Not more than five persons nominated by the Central Government from amongst the members of State Boards.

(d) Not more than three non-officials nominated by the government to repre­sent interests of agriculture, fishery, agriculture-trade, etc.

(e) Two persons nominated by the government to represent the companies or corporations owned by the Central Government.

(f) One full-time Member-Secretary (to be appointed by the Central Govt.) hav­ing knowledge and experience of scientific engineering or management as­pects of pollution control.

(2) Constitution of State Boards:

Under Section-4, of the State, Pollution Control Board may be constituted hav­ing the same constitution as the Central Board.

(3) Constitution of Committees:

A board may constitute as many committees as necessary. The members of a committee shall be paid such fees and allowances for attending to any other work of the Board.

(4) Constitution of Joint Boards:

According to Section-14 of the Act, under agreement between two or more con­tiguous States, Joint Boards may be constituted for those states, by the Central or State Governments.

(5) Terms and Service Conditions of the Members of the Board:

(a) Terms and service conditions of the Member Secretary and Chairman shall be as prescribed by the Government.

(b) Rest of the members shall hold office for a term of three years.

(c) A member shall be eligible for renomination.

(d) Central or State Government may remove a member of the Central or State Board at any time by giving him reasonable notice and opportunity.

(e) The Chairman may resign by addressing his resignation to the government and a member may resign by addressing his resignation to the Chairman.

(f) In the case of insolvency, unsound mind, conviction for the offence under this Act, conviction for the offence involving moral turpitude, inability to attend three consecutive meetings, abusing position as member of the Board, Partnership with anybody dealing with sewage or trade effluent etc., are some conditions for disqualification of the member. Seat of the disqualified member shall fall vacant and a person nominated to fill such a vacancy shall hold office for the remaining term.

(6) Meetings of the Boards:

According to Section-8, at least one meeting must be held in every three months.

(7) Functions of the Central Board:

According to Section 16-A, the following are the functions of the Central Board:

(a) To promote cleanliness of streams and wells in different areas of the state.

(b) To advise the Central Govt, on matters concerning the prevention and con­trol of water pollution.

(c) To co-ordinate the actions of the State Board and resolve disputes among them.

(d) To provide technical assistance and guidance to the State Boards to carry out research in the prevention and control of water pollution problems.

(e) To organize training of persons engaged in pollution control.

(f) To organise a comprehensive program for pollution control through mass media.

(g) To lay down standards for streams or wells.

(h) To prepare manuals, codes or guides for treatment and disposal of sewage and trade effluents.

(i) To establish or recognize laboratories for analysis of water samples from any stream, well or trade effluents.

(8) Functions of the State Boards:

Under Section 7-B, the following are the functions of a State Board:

(a) Planning a comprehensive program for the prevention, control, and abate­ment of pollution of streams and wells.

(b) Advising the State Government regarding water pollution control or loca­tion of industries.

(c) Conducting and encouraging investigations and research relating to differ­ent aspects of water pollution.

(d) To collaborate with the Central Board for training personnel for handling water pollution programs and organizing related mass education pro­grammes.

(e) Inspecting trade effluents and wastewater treatment plants.

(f) Prescribing effluent standards for the sewage and trade effluents.

(g) Evolving economical and reliable methods of disposal, treatment, and reuse of wastewater (in agriculture).

(h) Laying down the standards of treatment of sewage and trade effluents to be discharged into any stream.

(i) Making, varying or revoking any order for preservation or control of dis­charge of waste into streams and wells or construction of systems for dis­posal of effluents.

(j) Establishing or recognizing laboratories for analysis of samples.

(k) Performing such functions as may be entrusted by Central Board or State governments.

(9) Directions:

The Central Board shall be bound by directions given by the Central Govt, whereas the State Board shall be bound by directions given by the Central Board or the State Government.

In case a grave emergency arises as a result of non-compliance of the State Govt, as regards directions given by the Central Board, then the Central Govt may recover the expenses incurred by it from the persons concerned, as arrears of land revenue.

(10) Powers of the State Government:

(A) Power to Obtain Information:

According to Section 20.2, the State Board may make surveys, take measurements or obtain information for the purpose of performing functions under this Act. Failure to comply with any directions un­der the Section is a punishable offense under subsection (1) of Section 41.

(B) Power to Take Samples:

Under Section 21(1) A, the State Government has the power to take samples of water of any stream or well or any effluent being discharged into such a stream or well, for analysis. Under Section 22.4, the State Board further has the power to obtain a report of the result of the analysis by a recognized laboratory.

(C) Power of Entry and Inspection:

According to Section 23.5, the State Board is empowered by the State Govt., with the right to enter any place for the pur­pose of performing any of the functions entrusted to it.

(D) Power of Prohibition on Disposal of Polluting Matter into a Stream or Well:

Under Section 24.6,

(a) No person shall knowingly allow entry of any poisonous, noxious or pollut­ing matter directly or indirectly into any stream, well or sewer or on land.

(b) No person shall knowingly allow entry of any matter into any stream, which may impede the proper flow of water resulting in substantial aggravation of pollution.

(a) No person shall establish any industry, operation or process or any treat­ment disposal system, which is likely to discharge any sewage or effluent into a stream or well or on land.

(b) No person shall use any new outlet for discharge of sewage.

(c) No person shall begin to make any new discharge of sewage.

(11) Consent of State Board:

(a) Board must decide an application for consent within four months failing which consent will be deemed to have been given.

(b) Persons already discharging any sewage or effluent into any stream or well or on land will have to seek the consent of the State Board.

A person may appeal against the order of the State Board within 30 days, to an appellate authority established by the State Government. The State Govt can alter the decision of the State Board, if necessary.

(c) While giving consent, if any work is required to be executed and the applicant fails to do so, the Board may itself execute it and recover the expenses along with interest.

(d) The State Board must be informed in a case due to an accident in any indus­try or treatment or disposal system, any polluting matter is likely to be discharged into any stream, well or on land which in turn may pollute wa­ter. The Board may take remedial measures wherever necessary.

(e) The Board may approach a court for restraining a person who is likely to cause pollution by disposal discharge of polluting matter into a stream, well or on land.

The person concerned may be directed by the court to remove the polluting matter and in case of non-compliance, the court may authorize the board to do the needful and the expenses incurred by the Board may be recovered from the person concerned.

The Board may order closure, prohibition or regulation of any industry or operation. It may stop or regulate the supply of electricity, water or any other service.

(12) Penalties for Violation of the Provisions of the Act:

(a) In case of failure to give information by a person discharging effluents into a stream or well or regarding construction or establishment of a disposal sys­tem the penalty is imprisonment up to 3 months or fine up to Rs. 10,000/- or both.

If the omission continues, the penalty is an additional fine up to Rs. 5000/- per day.

(b) In case of destroying or damaging the property of the Board, obstructing the performance of the Board’s functions, failure to furnish information about accidents under section 31, giving wrong information or making false state­ments to get Board’s consent, the penalty is imprisonment up to 3 months or fine up to Rs. 10,000/- or both.

(c) In case of violation of order prohibiting discharge of any polluting matter into stream, well or land or violation of control order restraining pollution of water or streams or wells or violation of Board order of closure of indus­try or stoppage of water or electricity supply, etc., the penalty is imprisonment for one and a half years to six years and fine. If it continues there is an additional fine of Rs. 5000/- per day and if it continues beyond one year then the penalty is imprisonment of two to seven years on conviction.

(d) In case of permitting polluting material into any stream, well or land the penalty is imprisonment for one and a half years to six years or fine or both.

On subsequent conviction, the offender is penalized to imprisonment for two to seven years and fine, and the names of the offenders are published in newspapers at the offender’s expense.

Cognizance of an offense shall be taken by a court on a complaint by:

(1) A Board or an officer authorized by the Board

(2) Any person intending to make a complaint and who has given at least 60 days notice of the offense.