WATER ACT

Water (Prevention and Control of Pollution) Act
Salient Features
Section Description
Section 4 Constitution of State Board: Empowers the State Government to constitute State Board with the following members: a Chairman, not exceeding five officials to represent the Government, not exceeding five persons from the local authorities, not exceeding three non-officials to represent the interest of agriculture, fishery or industry or trade or any other interest, two persons to represent the companies or corporations of State Government, and a full-time Member-Secretary.
Section 17 Functions of State Board: Empowers the Board to lay down standards for sewage/trade effluent among other functions.
Section 20 Power to obtain information: Empowers the Board to obtain information and give direction to furnish to it information regarding construction, installation or operation of such establishment or of any disposal system and such other particulars as may be prescribed.
Section 21 Power to take samples of effluents and procedure to be followed in connection therewith: Empowers the Board to collect samples of sewage/trade effluent from any industry.
Section 23 Power to entry and inspection: Empowers the Board to enter any industry at any time for the purpose of performing any of the functions of the Board.
Section 24 Prohibits the pollution of a stream or well by disposal of polluting matter etc.: No person shall knowingly cause or permit any poisonous, noxious or polluting matter determined in accordance with such standards as may be laid down by the State Board to enter (whether directly or indirectly) into any stream or well or sewer or on land.
Section 25 & 26 Restrictions on new outlets and new discharges: Consent of the Board for the establishment/operation of any industry and for discharge of sewage/trade effluent into any stream or well or sewer or on land or into marine coastal areas to be obtained. (List of industries for which the Tamil Nadu Electricity Board has to give power supply only after the industries produce consent to establish order issued by the Tamil Nadu Pollution Control Board is given in GO Ms No. 111 E&F Dept. Dated 21.9.2011).
Section 27 Refusal or withdrawal of consent by State Board: Empowers the Board for refusal or withdrawal of consent to any industry.
Section 28 Appeals: Provides for appeal against the orders of the Board under Section 25 or 26 or 27. The appeal has to be made to the Appellate Authority, within thirty days from the date of communication of the order.
Section 29 Revision: Empowers the State Government to pass order on any orders passed by the Board.
Section 30 Power of State Board to carry out certain works: Empowers the Board to carry out certain works when the concerned industry has failed to carry out the directions of the Board and to recover the cost from that industry.
Section 31 Furnishing of information to State Board and other agencies in certain cases: Requires furnishing of information by the person in charge of the place to the Board about the accidental discharge of poisonous, noxious, or polluting matter.
Section 32 Emergency measures in case of pollution of stream or well: Empowers the Board to take action on the presence of noxious or any poisonous or polluting matter in any stream or well or sewer or land and issuing orders restraining or prohibiting the discharge of any such matter into any stream or well or sewer or on land or into marine coastal areas.
Section 33 A Power to give directions: Empowers the Board to issue directions for closure of the industry or for stoppage of electricity, water supply, or any other service.
Section 33 B Appeal to National Green Tribunal: Provides for appeal to National Green Tribunal by any person aggrieved by an order of the appellate authority under Section 28, order passed by the State Government under Section 29, or directions issued under Section 33-A by the Board.
Section 43 Penalty for contravention of provisions of Section 24: Contravention of Section 24 is punishable with imprisonment for a term not less than one year and six months but which may extend to six years and with fine.
Section 44 Penalty for contravention of provisions of Section 25 or Section 26: Contravention of Section 25 or Section 26 is punishable with imprisonment for a term not less than one year and six months but which may extend to six years and with fine.
Section 58 Bar of Jurisdiction: No Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an Appellate Authority constituted under the Water Act is empowered to determine. No injunction shall be granted by any Court or authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.
Section 64 Empowers the State Government to make rules to carry out the purposes of this Act.
Water (Prevention and Control of Pollution) Act
Tamil Nadu Water 1983:Prevention and Control of Pollution Rules,1983
Salient Features
Rule Description
Rule 15 Power and duties of the Chairman: The Chairman shall have overall control over the functions of the Board. Subject to general financial rules and service rules of the Government, shall have power in respect of the following matters, to the extent such power is not conferred on the Member-Secretary.
Rule 16 Powers and duties of the Member-Secretary: Subject to the overall control of the Chairman, the Member-Secretary shall exercise the powers provided in Rule 16.
Rule 20 Appointment of consulting Engineers: For the purpose of assisting the Board in the performance of its functions, the Board may appoint any qualified person to be Consulting Engineer for a period not exceeding four months, and assign him such duties as are necessary for the purpose.
Rule 25 Form of notice: The notice of intention to analyze a sample under clause (a) of sub-section (3) of Section 21 of the Act shall be in Form I of Schedule-I.
Rule 26 A Consent fee: Consent fee shall be paid at the rates by the industries and the local bodies specified in the Table in Rule 26A and as revised from time to time. (Refer Chapter 2.1.10)
Rule 27 Procedure for making inquiry into an application for consent: (1) On receipt of an application under Section 25 or Section 26, the Board may depute any of its officers accompanied by as many assistants as may be necessary, to visit the premises of the applicant. (2) Such officer shall, before visiting any premises of the applicant for the purpose of inspection under sub-rule (1) give notice to the applicant of his intention to do so in Form IV of Schedule I. The applicant shall provide to such officer all facilities that such officer may legitimately require for the purpose.
Rule 27 A Form and manner in which appeal may be preferred under section 28 and the procedure to be followed by the appellate authority: (1) Every appeal under Section 28 against an order passed by the Board under Section 25, Section 26, or Section 27 shall be made in Form IV-A of Schedule-I.
Rule 28 Furnishing of information under Section 31(1): Every person in charge of any place where any industry or trade is being carried on shall, on happening of any accident, unforeseen act, or event as contemplated in sub-section (1) of Section 31, forthwith intimate the occurrence thereof to the Board, the Collector of the District, the Revenue Divisional Officer, the District Health Officer, the Executive Authority of the municipal or local body concerned, and the nearest police station.
Rule 28 C Fees payable for the laboratory’s report: Fees payable for laboratories' reports on the analysis of tests of samples of water or of sewage or trade effluent shall be as specified in Annexure I to III to this rule. [Details of fee structure for sample collection and analysis are furnished in Chapter 9.1].
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