WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974
[23rd March, 1974.]
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, Gujrat, 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
1. Short title, application and commencement.
(1) Short title, application and commencement.
This Act may be called the Water (Prevention and Control of s 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 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.
2. Definitions.
In this Act, unless the context otherwise requires,-
(a) "Board" means the Central Board or State Board;
1[(b) " Central Board" means the Central Pollution Control Board Constituted under section3;]
(c) "members" means a member of a Board and includes the chairman thereof;
2[(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.]
3 [(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 aquatic organisers;
(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;
4[(gg) "sewer" means any conduit pipe or channel, openor 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.
1 Subs. by Act 53 of 1988, s. 2 for cls. (b), (d) and (h).
2 Ins. by Act 44 of 1978, s. 2.
3 Subs by Act 53 of 1988, s. 2, for "trade or industry".
4 Ins. by Act 44 of 1978 s. 2.
5 Subs. by Act 53 of 1988, s. 2 for cls. (b), (d) and (h).
6 Subs. by Act 53 of 1988, s. 2 'or "trade or industry".
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