Sections 13 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Chapter III of the Water Act allows two or more neighbouring States, or a Union territory and the States next to it, to share one Pollution Control Board by agreement. Section 13 sets out how the agreement is made, section 14 sets the composition of the Joint Board, and section 15 says who may give directions where a Joint Board exists.
This article is current as amended up to the Water (Prevention and Control of Pollution) Amendment Act, 2024 (this section was not changed by it). Later amendments and notifications should be checked. For advice on dealing with a Board that covers more than one State, see our legal consultation service.
An agreement between Governments of contiguous States, or between the Central Government (for Union territories) and neighbouring States, can create a Joint Board. The Joint Board has a full-time chairman nominated by the Central Government, a full-time member-secretary and members nominated by each participating Government. Under section 15, a State Government can give directions only on matters within the exclusive territorial jurisdiction of that State, while the Central Government alone can give directions on matters in two or more States or in a Union territory.
Section 13: constitution of a Joint Board
Section 13(1). "Notwithstanding anything contained in this Act", an agreement may be entered into:
- (a) by two or more Governments of contiguous States; or
- (b) by the Central Government (for one or more Union territories) and one or more Governments of States contiguous to such Union territory or territories,
to be in force for the period specified in the agreement, and subject to renewal for any further period it specifies, "to provide for the constitution of a Joint Board". In the first case the Board is for all the participating States. In the second, it is for the participating Union territory or territories and the State or States.
Section 13(2): what the agreement may contain.
| Clause | Content |
|---|---|
| (a) | Apportionment of expenditure in connection with the Joint Board between the participating States, or between the Central Government and the participating State Government or Governments |
| (b) | Which participating Government exercises and performs the several powers and functions of the State Government under the Act, and references to the State Government are construed accordingly |
| (c) | Consultation between the participating Governments, generally or on particular matters under the Act |
| (d) | Incidental and ancillary provisions, not inconsistent with the Act, as are necessary or expedient |
Clause (b) is the practical key. The agreement picks which Government acts as "the State Government" for the Joint Board's purposes. If you are a plant within a Joint Board's area, the agreement tells you which Government hears an appeal or issues a direction.
Section 13(3). The agreement "shall be published" in the Official Gazette of the participating States, or, in the Union territory case, in the Official Gazette of the participating Union territory or territories and State or States. Publication in the Gazette is how a Joint Board's existence can be checked.
Section 14: composition
Section 14(1): Joint Board for contiguous States. The members are:
| Clause | Member |
|---|---|
| (a) | A full-time chairman with special knowledge or practical experience in matters relating to environmental protection, or knowledge and experience in administering institutions dealing with them, nominated by the Central Government |
| (b) | Two officials from each participating State, nominated by that State Government |
| (c) | One person from each participating State, nominated by that State Government from among the members of local authorities functioning in the State |
| (d) | One non-official from each participating State, nominated by that State Government to represent the interests of agriculture, fishery, industry or trade in the State or any other interest which that Government thinks ought to be represented |
| (e) | Two persons nominated by the Central Government to represent companies or corporations owned, controlled or managed by the participating State Governments |
| (f) | A full-time member-secretary with qualifications, knowledge and experience of the scientific, engineering or management aspects of pollution control, appointed by the Central Government |
Section 14(2): Joint Board for a Union territory and States. The pattern is the same, with two differences: the Central Government nominates the officials, local authority members and non-official representatives for the Union territory (and the State Governments do so for their States), and it nominates persons to represent Central Government companies situated in the Union territory as well as State companies. The chairman and the member-secretary are again appointed by the Central Government.
Section 14(3). When such a Joint Board is constituted, the sub-section of section 4 that makes the Central Board act as the State Board in a Union territory "shall cease to apply" in relation to that territory. The Joint Board takes over the role.
Section 14(4). Subject to that, the provisions of section 4 on the Board as a body corporate and sections 5 to 12 apply to the Joint Board and its member-secretary as they apply to a State Board and its member-secretary. So terms, disqualifications, meetings, committees and delegation work as described in sections 5 to 12.
Section 14(5). Any reference in the Act to the State Board "shall, unless the context otherwise requires, be construed as including a Joint Board". This is the section that makes every duty and consent provision apply to a Joint Board in the same way.
Section 15: special provision on directions
"Notwithstanding anything contained in this Act where any Joint Board is constituted under section 13":
- (a) the Government of the State for which the Joint Board is constituted may give a direction under the Act "only in cases where such direction relates to a matter within the exclusive territorial jurisdiction of the State"; and
- (b) the Central Government alone may give any direction where it "relates to a matter within the territorial jurisdiction of two or more States or pertaining to a Union territory".
The general power of Governments to give directions to Boards is in section 18; see sections 17 and 18. Section 15 narrows who may use that power once a Joint Board exists. A State cannot instruct a Joint Board on a matter that spreads beyond its own territory. That is for the Central Government.
What this means for industry
- Find out which Board you answer to. Check whether a Joint Board covers your location, by reading the agreement as published in the Gazette.
- Check which Government is "the State Government". Under section 13(2)(b), the agreement decides.
- For a unit with operations in two States, a direction on a matter that spans both States comes from the Central Government under section 15(b). See sections 3 and 4 on the Boards.
- Keep the Joint Board's rules in mind. Consent, sampling, penalties and appeals work as they do for a State Board, because of section 14(5).
An example
Two neighbouring States enter into an agreement for a Joint Board covering a shared river basin. Satluj Beverages Limited has a plant on one bank and a bottling line on the other. A direction about the plant's discharge into the river affects both States, and so under section 15(b) it comes only from the Central Government. A direction about a purely local matter inside one State, such as an effluent line wholly in that State, may be given by that State Government under section 15(a).
Need help with a multi-State position?
If your sites sit in different States, or in a Union territory, the first task is to identify the Board and the Government that act for each. Our legal consultation team can review the agreements, notifications and orders that apply and advise you on the correct authority for each notice.
Key takeaways
- Section 13 allows Joint Boards by agreement between contiguous States, or the Central Government and neighbouring States for Union territories.
- The agreement may fix expenditure, which Government acts as "the State Government", consultation, and ancillary matters, and is published in the Gazette.
- A Joint Board has a Central Government nominated full-time chairman and a full-time member-secretary.
- Sections 4 (body corporate) and 5 to 12 apply to it, and a reference to a State Board includes a Joint Board.
- Under section 15, a State may direct only on matters within its exclusive territory; the Central Government alone directs on multi-State and Union territory matters.
Read next
- Sections 5 to 12: members, terms, meetings and committees
- Section 16: functions of the Central Pollution Control Board
- Sections 17 and 18: functions of the State Board and directions
- Sections 3 and 4: the Central and State Boards
Disclaimer: Based on the Environment (Protection) Act, 1986, the Air (Prevention and Control of Pollution) Act, 1981 and the Public Liability Insurance Act, 1991 as amended by the Jan Vishwas (Amendment of Provisions) Act, 2023 (in force for these Acts from 1 April 2024), the Water (Prevention and Control of Pollution) Act, 1974 as amended by its Amendment Act of 2024 (which applies only in the States and Union territories it names and in States that adopt it), and the National Green Tribunal Act, 2010 as amended by the Tribunals Reforms Act, 2021, as consulted on 3 October 2026. Later amendments, rules and notifications should be checked. This article is general information, not legal advice; check the official text before acting.