( ) When
from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal;
*Dated 25-4-1872.
This Act has been extended to Berar by the Berar Laws Act, 1941, w.e.f. 1-8-1941, to Dadra and Nagar Haveli by the Dadra and Nagar Haveli (Laws) Regulation, 1963, w.e.f. 1-7-1965 to Goa, Daman and Diu by the Goa, Daman and Diu (Laws) No. 2 Regulation, 1963, w.e.f. 19-12-1963 to Laccadive, Minicoy and Amindivi Islands by the Laccadive, Minicoy and Amindivi Islands (Laws) Regulation, 1965, w.e.f. 1-10-1965, to Pondicherry by the Pondicherry (Extension of Laws) Act, 1968, w.e.f. 24-5-1968 and State of Sikkim vide S.O. 641(E), dated 24-8-1984, w.e.f. 1-9-1984.
1. Words “except the State of Jammu and Kashmir” omitted by the Jammu and Kashmir Reorganisation Act, 2019, w.e.f. 31-10-2019. Earlier, said quoted words were substituted for “except Part B States” by the Part B States (Laws) Act, 1951, w.e.f. 1-4-1951.
2. Words "The enactments mentioned in the Schedule hereto are repealed to the extent specified in the third column thereof, but" omitted by the Repealing and Amending Act, 1914.
(b) When the person to whom the proposal is made, signifies his assent thereto, the proposal is said to be accepted. A proposal, when accepted, becomes a promise; 1
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33A.
CHAPTER VI
34. Contributions by
37.
38.
CHAPTER VII
PENALTIES AND PROCEDURE
41. Failure to comply with provisions of section 20 or directions issued thereunder
41A. Failure to comply with provisions of section 32, or directions issued under section 33 or section 33A
42. Penalty for certain acts
43. Penalty for contravention of provisions of section 24
44. Penalty for contravention of section 25 or section 26
45. Enhanced penalty after previous conviction
45A.
45D. Penalty amount to be credited to Environmental Protection
45E. Offences for failure to comply with provisions of section 25 or 26 and for failure to pay penalty
46. Publication of names of offenders
47. Offence by companies
48. Penalty for contravention by Government
49. Cognizance of offences
50. Members, officers and servants of Board to be public servants
58.
59.
60.
61.
62.
63.
Water (Prevention and Control of Pollution) Act, 1974
[6 OF 1974]1
An Act to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water, for the establishment, with a view to carrying out the purposes aforesaid, of Boards for the prevention and control of water pollution, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith.
WHEREAS it is expedient to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water, for the establishment, with a view to carrying out the purposes aforesaid, of Boards for the prevention and control of water pollution and for conferring on and assigning to such Boards powers and functions relating thereto;
AND WHEREAS Parliament has no power to make laws for the States with respect to any of the matters aforesaid except as provided in articles 249 and 250 of the Constitution;
AND WHEREAS in pursuance of clause (1) of article 252 of the Constitution resolutions have been passed by all the Houses of the Legislatures of the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal to the effect that the matters aforesaid should be regulated in those States by Parliament by law;
BE it enacted by Parliament in the Twenty-fifth Year of the Republic of India as follows—
CHAPTER I PRELIMINARY
Short title, application and commencement.
1. (1) This Act may be called the Water (Prevention and Control of Pollution) Act, 1974.
(2) It applies in the first instance to the whole of the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya
1. Dated 23-3-1974.
S. 2 WATER (PREVENTION AND CONTROL OF
POLLUTION)
ACT, 1974 2
Pradesh, Rajasthan, Tripura and West Bengal and the Union Territories; and it shall apply to such other State which adopts this Act by resolution passed in that behalf under clause (1) of article 252 of the Constitution.
(3) It shall come into force, at once in the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal and in the Union Territories, and in any other State which adopts this Act under clause (1) of article 252 of the Constitution on the date of such adoption and any reference in this Act to the commencement of this Act shall, in relation to any State or Union Territory, means the date on which this Act comes into force in such State or Union Territory.
Definitions.
2. In this Act, unless the context otherwise requires,—
(a) “Board” means the Central Board or State Board;
2[(b) “Central Board” means the Central Pollution Control Board constituted under section 3;]
(c) “member” means a member of a Board and includes the chairman thereof;
3[(d) “occupier”, in relation to any factory or premises, means the person who has control over the affairs of the factory or the premises, and includes, in relation to any substance, the person in possession of the substance;]
4[(dd) “outlet” includes any conduit pipe or channel, open or closed, carrying sewage or trade effluent or any other holding arrangement which causes, or is likely to cause, pollution;]
(e) “pollution” means such contamination of water or such alteration of the physical, chemical or biological properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water (whether directly or indirectly) as may, or is likely to, create a nuisance or render such water harmful or injurious to public health or safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plants or of acquatic organisms;
(f) “prescribed” means prescribed by rules made under this Act by the Central Government or, as the case may be, the State Government;
(g) “sewage effluent” means effluent from any sewerage system or sewage disposal works and includes sullage from open drains;
2. Substituted by the Water (Prevention and Control of Pollution) Amendment Act, 1988, w.e.f. 29-9-1988. Prior to its substitution, clause (b) read as under:
‘(b) “Central Board” means the Central Board for the Prevention and Control of Water Pollution constituted under section 3;’
3. Substituted, ibid. Prior to its substitution, clause (d), read as under:
‘(d) “occupier” in relation to any factory or premises means the person who has control over the affairs of the factory or the premises and where the said affairs are entrusted to a managing agent, such agent shall be deemed to be the occupier of the factory or the premises;’
4. Inserted by the Water (Prevention and Control of Pollution) Amendment Act, 1978, w.e.f. 12-12-1978.
3 WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 S. 3
4a[(gg) “sewer” means any conduit pipe or channel, open or closed, carrying sewage or trade effluent;]
5[(h) “State Board” means a State Pollution Control Board constituted under section 4;]
(i) “State Government” in relation to a Union territory means the Administrator thereof appointed under article 239 of the Constitution;
(j) “stream” includes—
(
i) river;
(
ii) water course (whether flowing or for the time being dry);
(iii) inland water (whether natural or artificial);
(
(
iv) subterranean waters;
v) sea or tidal waters to such extent or, as the case may be, to such point as the State Government may, by notification in the Official Gazette, specify in this behalf;
(k) “trade effluent” includes any liquid, gaseous or solid substance which is discharged from any premises used for carrying on any 6[industry, operation or process, or treatment and disposal system], other than domestic sewage.
CHAPTER II
THE CENTRAL AND STATE BOARDS FOR PREVENTION AND CONTROL OF WATER POLLUTION
Constitution of Central Board.
3. (1) The Central Government shall, with effect from such date (being a date not later than six months of the commencement of this Act in the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal and in the Union territories) as it may, by notification in the Official Gazette, appoint, constitute a Central Board to be called the 7[Central Pollution Control Board] to exercise the powers conferred on and perform the functions assigned to that Board under this Act.
(2) The Central Board shall consist of the following members, namely:—
(a) a full-time chairman, being a person having special knowledge or practical experience in respect of 8[matters relating to environmental protection]
4a. Inserted by the Water (Prevention and Control of Pollution) Amendment Act, 1978, w.e.f. 12-12-1978.
5. Substituted by the Water (Prevention and Control of Pollution) Amendment Act, 1988, w.e.f. 29-9-1988. Prior to its substitution, clause (h) read as under: ‘(h) “State Board” means a State Board for the Prevention and Control of Water Pollution constituted under section 4;’
6. Substituted for “trade or industry”, ibid
7. Substituted for “Central Board for the Prevention and Control of Water Pollution”, ibid
8. Substituted for “matters relating to the use and conservation of water resources or the prevention and control of water pollution” by the Water (Prevention and Control of Pollution) Amendment Act, 1978, w.e.f. 12-12-1978.
