Sections 3 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.
Sections 3 and 4 create the two bodies that run the Water Act. Section 3 constitutes the Central Pollution Control Board. Section 4 lets each State Government constitute a State Pollution Control Board, sets its membership, and says that no State Board is constituted for a Union territory, where the Central Board acts instead.
This article is current as amended up to the Water (Prevention and Control of Pollution) Amendment Act, 2024 (in force from 15 February 2024 in Himachal Pradesh, Rajasthan and the Union territories, and in other States from the date they adopt it). The 2024 Act changed section 4(2)(a); section 3 was not changed. Later amendments and notifications should be checked. For help with Board-facing work, see our compliance advisory service.
The Central Pollution Control Board has a full-time chairman, up to five Central officials, up to five State Board members, up to three non-officials, two persons for Central Government companies, and a full-time member-secretary. A State Board has the same shape, with a chairman who may be whole-time or part-time. Under the 2024 Act, the State chairman is nominated "in such manner as may be prescribed by the central Government"; in a State that has not adopted the 2024 Act, the State Government nominates alone. No State Board is constituted for a Union territory.
Section 3: the Central Board
Section 3(1). The Central Government shall, from a date it appoints by notification, constitute a Central Board "to be called the Central Pollution Control Board" to exercise the powers and perform the functions given to it by the Act. The original text required this within six months of commencement in the States and Union territories then covered.
Section 3(2): members. The Central Board consists of:
| Clause | Members |
|---|---|
| (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 such matters, nominated by the Central Government |
| (b) | Such number of officials, not exceeding five, nominated by the Central Government to represent it |
| (c) | Such number of persons, not exceeding five, nominated by the Central Government from the members of the State Boards, of whom not more than two are from those referred to in section 4(2)(c) (members from local authorities) |
| (d) | Such number of non-officials, not exceeding three, to represent agriculture, fishery, industry, trade or any other interest the Central Government considers should be represented |
| (e) | Two persons to represent companies or corporations owned, controlled or managed by the Central Government |
| (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 3(3): status. The Central Board is "a body corporate" with perpetual succession and a common seal, with power to acquire, hold and dispose of property, to contract, and to sue or be sued in that name. So an order or notice can be issued in the Board's name, and it can be a party in a dispute.
Section 4: the State Board
Section 4(1). The State Government shall, from a date it appoints by notification, constitute a State Pollution Control Board, "under such name as may be specified in the notification", to exercise the powers and perform the functions assigned to it under the Act. The name can therefore differ from State to State, which is why a notice may come from a body with a slightly different title.
Section 4(2): members. A State Board consists of:
| Clause | Members |
|---|---|
| (a) | A chairman with special knowledge or practical experience in matters relating to environmental protection, or knowledge and experience in administering institutions dealing with such matters, nominated by the State Government (with the 2024 wording below), who "may be either whole-time or part-time as the State Government may think fit" (proviso) |
| (b) | Such number of officials, not exceeding five, nominated by the State Government to represent it |
| (c) | Such number of persons, not exceeding five, nominated by the State Government from the members of local authorities functioning within the State |
| (d) | Such number of non-officials, not exceeding three, to represent agriculture, fishery, industry, trade or any other interest which the State Government thinks ought to be represented |
| (e) | Two persons to represent companies or corporations owned, controlled or managed by the State Government |
| (f) | A full-time member-secretary with qualifications, knowledge and experience of the scientific, engineering or management aspects of pollution control, appointed by the State Government |
Two sub-sections follow. Every State Board is a body corporate with perpetual succession and a common seal, with the name specified in the notification. And, "notwithstanding anything contained in this section, no State Board shall be constituted for a Union territory and in relation to a Union territory, the Central Board shall exercise the powers and perform the functions of a State Board for that Union territory". The Central Board may delegate all or any of those powers and functions to such person or body of persons as the Central Government may specify.
The 2024 change to section 4(2)(a)
The Water (Prevention and Control of Pollution) Amendment Act, 2024 inserted, in section 4(2)(a), after "nominated by the State Government", the words "in such manner as may be prescribed by the central Government". The 2024 Act applies in Himachal Pradesh, Rajasthan and the Union territories, and in any other State that has adopted it by resolution. Check whether your State has adopted it.
In a State that has not adopted the 2024 Act, the earlier wording continues: the chairman is "to be nominated by the State Government", with no reference to a manner prescribed by the Central Government. The rest of clause (a) and the proviso on whole-time or part-time service are the same in both versions.
In practice, the 2024 wording means that the way a State nominates its chairman is governed by a Central Government prescription, and not left wholly to the State.
Why the composition matters to a business
The Board is the body that grants consent, issues directions, takes samples and imposes penalties. Its composition tells you who sits in its meetings and decides. Three points are useful.
- Industry interests are represented in clause (d), through the non-official members.
- The member-secretary is a full-time officer with scientific, engineering or management experience of pollution control. The later sections on meetings and delegation say what the member-secretary does. See sections 5 to 12.
- In a Union territory you deal with the Central Board acting as the State Board, or with whoever it has delegated its powers to.
The Air Act uses the same Boards. Under that Act a State Board constituted under the Water Act is deemed to be the State Board for Air Act purposes; see sections 3 to 6 of the Air Act.
An example
Narmada Pharma Limited has a plant in a Union territory and another in a State. For the first, its consent application and any notice are handled by the Central Pollution Control Board acting as the State Board. For the second, it deals with the State Pollution Control Board, whose name is as specified in the State Government's notification. When the company reads a Board resolution, it checks who nominated the chairman, and whether its State follows the 2024 wording or the earlier one.
Need help with Board-facing compliance?
Knowing which Board you answer to, and under which version of the Act, saves time on every consent and notice. Our compliance advisory team can help you identify the right Board and its current requirements for each of your locations.
Key takeaways
- Section 3 constitutes the Central Pollution Control Board, with a full-time chairman and member-secretary, and makes it a body corporate.
- Section 4 lets each State Government constitute a State Pollution Control Board with the same shape, and the chairman may be whole-time or part-time.
- No State Board is constituted for a Union territory; the Central Board acts instead and may delegate.
- The 2024 Act added "in such manner as may be prescribed by the central Government" to the nomination of the State chairman, where it applies.
- Where the 2024 Act has not been adopted, the State Government nominates the chairman as before.
Read next
- Sections 5 to 12: members, terms, meetings and committees
- Sections 3 to 6 of the Air Act: Boards and Union territories
- Sections 1 and 2 of the Water Act: application and definitions
- How to get pollution control consent (CTE/CTO) in India
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.