The WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974

PRELIMINARY

Section 1 — Short title, application and commencement.

(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 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, mean the date on which this Act comes into force in such State or Union territory.

Browse all 68 sections
  1. 1.Short title, application and commencement.
  2. 2.Definitions.
  3. 3.Constitution of Central Boards.
  4. 4.Constitution of State Board.
  5. 5.Terms and conditions of service of members.
  6. 6.Disqualifications.
  7. 7.Vacation of seats by members.
  8. 8.Meetings of Board.
  9. 9.Constitution of committees.
  10. 10.Temporary association of persons with Board for particular purposes.
  11. 11.Vacancy in Board not to invalidate acts or proceedings.
  12. 11A.Delegation of powers to Chairman.
  13. 12.Member-secretary and officers and other employees of Board.
  14. 13.Constitution of Joint Board.
  15. 14.Composition of Joint Boards.
  16. 15.Special provision relating to giving of directions.
  17. 16.Functions of Central Board.
  18. 17.Functions of State Board.
  19. 18.Powers to give directions.
  20. 19.Power of State Government to restrict the application of the Act to certain areas.
  21. 20.Power to obtain information.
  22. 21.Power to take samples of effluents and procedure to be followed in connection therewith.
  23. 22.Reports of the result of analysis on samples taken under section 21.
  24. 23.Power of entry and inspection.
  25. 24.Prohibition on use of stream or well for disposal of polluting matter, etc.
  26. 25.Restrictions on new outlets and new discharges.
  27. 26.Provision regarding existing discharge of sewage or trade effluent.
  28. 27.Refusal or withdrawal of consent by State Board.
  29. 28.Appeals.
  30. 29.Revision.
  31. 30.Power of State Board to carry out certain works.
  32. 31.Furnishing of information to State Board and other agencies in certain cases.
  33. 32.Emergency measures in case of pollution of stream or well.
  34. 33.Power of Board to make application to courts for restraining apprehended pollution of water in streams or wells.
  35. 33A.Power to give directions.
  36. 34.Contributions by Central Government.
  37. 35.Contributions by State Government.
  38. 36.Fund of Central Board.
  39. 37.Fund of State Board.
  40. 37A.Borrowing powers of Board.
  41. 38.Budget.
  42. 39.Annual report.
  43. 40.Accounts and audit.
  44. 41.Failure to comply with directions under sub-section (2) or sub-section (3) of section 20, or orders issued under clause (c) of sub-section (1) of section 32.
  45. 42.Penalty for certain acts.
  46. 43.Penalty for contravention of provisions of section 24.
  47. 44.Penalty for contravention of section 25 or section 26.
  48. 45.Enhanced penalty after previous conviction.
  49. 45A.Penalty for contravention of certain provisions of the Act.
  50. 46.Publication of names of offenders.
  51. 47.Offences by companies.
  52. 48.Offences by Government Departments.
  53. 49.Cognizance of offences.
  54. 50.Members, officers and servants of Board to be public servants.
  55. 51.Central Water Laboratory.
  56. 52.State Water Laboratory.
  57. 53.Analysts.
  58. 54.Reports of analysts.
  59. 55.Local authorities to assist.
  60. 56.Compulsory acquisition of land for the State Board.
  61. 57.Returns and reports.
  62. 58.Bar of jurisdiction.
  63. 59.Protection of action taken in good faith.
  64. 60.Overriding effect.
  65. 61.Power of Central Government to supersede the Central Board and Joint Boards.
  66. 62.Power of State Government to supersede State Board.
  67. 63.Power of Central Government to make rules.
  68. 64.Power of State Government to make rules.