THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974. ACT NO. 6 OF 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, 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:—
Download PDF for Water (Prevention and Control of Pollution) Act, 1974
| Sections | Particulars |
| Preamble | |
| 1 | Short title, application and commencement |
| 2 | Definitions |
| 3 | Constitution of Central Board |
| 4 | Constitution of State boards |
| 5 | Terms and Conditions of service of members |
| 6 | Disqualifications |
| 7 | Vacation of seats by members |
| 8 | Meeting of Board |
| 9 | Constitution of Committees |
| 10 | Temporary Association of persons with board for particular purposes |
| 11 | Vacancy in Board not to invalidate acts or proceedings |
| 11A | Delegation of powers to chairman |
| 12 | Member-Secretary and officers and other employees of Board |
| 13 | Constitution of Joint Boards |
| 14 | Composition of Joint Boards |
| 15 | Special provision relating to giving of directions |
| 16 | Functions of Central Board |
| 17 | Functions of State Board |
| 18 | Power to give Direction |
| 19 | Power of State Government to restrict the application of the act |
| 20 | Power to obtains information |
| 21 | Power to take samples of effluents and procedure to be followed in connection therewith |
| 22 | Reports of results of analysis on samples taken under section 21 |
| 23 | Power to entry and inspection |
| 24 | Prohibition on use of stream or well for disposal of polluting matter |
| 25 | Restrictions on new outlets and new discharges |
| 26 | Provisions regarding existing discharge of sewage or trade effluent |
| 27 | Refusal or withdrawal of consent by State Board |
| 28 | Appeals |
| 29 | Revision |
| 30 | Power of State Board to carry out certain works |
| 31 | Furnishing of Information to State Board and other agencies in certain |
| 32 | Emergency measures in case of pollution of stream or well |
| 33 | Power of board to make application to courts for restraining apprehend |
| 33A | Power to give directions |
| 34 | Contributions by Central Government |
| 35 | Contributions by State Government |
| 36 | Fund of Central Board |
| 37 | Fund of State Board |
| 37A | Borrowing powers of board |
| 38 | Budget |
| 39 | Annual Report |
| 40 | Accounts and Audit |
| 41 | Failure to comply with directions under sub-section (2) or sub-section |
| 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 | Penalty for contravention of certain provisions of this act |
| 46 | Publication of names of offenders |
| 47 | Offences by companies |
| 48 | Offences by Government Departments |
| 49 | Cognizance of offences |
| 50 | Members, Officers and Servants of boards to be public servants |
| 51 | Central water laboratory |
| 52 | State water laboratory |
| 53 | Analysts |
| 54 | Report of analysts |
| 55 | Local authorities to assist |
| 56 | Compulsory Acquisition of land for the state board |
| 57 | Return and Reports |
| 58 | Bar of Jurisdiction |
| 59 | Protection of action taken in good faith |
| 60 | Overriding effect |
| 61 | Power of Central Government to Supersede the Central Board |
| 62 | Power of State Government to Supersede State Board |
| 63 | Power of Central Government tot make rules |
| 64 | Power of State Government to make rules |