Water Act Rules

Water (Prevention and Control of Pollution) Act, 1974 as amended in 1978 & 1988

Salient Features

Section 17 Empowers the Board to lay down standards for sewage / trade effluent.
Section 20 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 Empowers the Board to collect samples of sewage/ trade effluent from any industry.
Section 24 Prohibits the pollution of a stream or well by disposal of polluting matter etc.
Section 25 & 26 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 28 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 30 Empowers the Board to carry our 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 Requires furnishing of information to the Board about the accidental discharge of poisonous, noxious or polluting matter.
Section 32 Empowers the Board to take action on the presence of noxious 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 Empowers the Board to issue directions for closure of the industry or for stoppage of electricity, water supply or any other service.
Section 43 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 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 46 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.

Tamil Nadu Water (P&CP) Rules, 1983:

Salient Features

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 following powers

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 shall be in Form.

Rule 26 A Consent fee:

Consent fee shall be paid at the following rates by the industries and the local bodies specified in the Table below.

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. 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.

Rule 28 Furnishing of information under section 31(1):

Every person incharge 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 laboratory's report on the analysis of tests of samples of water or of sewage or trade effluent shall be as specified in the Annexure I and III to this rule.