Environment
The Water (Prevention and Control of Pollution) Act, 1974
Act 6 of 1974 · 75 sections
Practise questions on Environmental Law
Title, date and preamble
[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:—
Contents
CHAPTER I PRELIMINARY
CHAPTER II THE CENTRAL AND STATE BOARDS FOR PREVENTION AND CONTROL OF WATER POLLUTION
- 3.Constitution of Central Boards
- 4.Constitution of State Board
- 5.Terms and conditions of service of members
- 6.Disqualifications
- 7.Vacation of seats by members
- 8.Meetings 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
CHAPTER III JOINT BOARDS
CHAPTER IV POWERS AND FUNCTIONS OF BOARDS
CHAPTER V PREVENTION AND CONTROL OF WATER POLLUTION
- 19.Power of State Government to restrict the application of the Act to certain areas
- 20.Power to obtain information
- 21.Power to take samples of effluents and procedure to be followed in connection therewith
- 22.Reports of the result of analysis on samples taken under section 21
- 23.Power of entry and inspection
- 24.Prohibition on use of stream or well for disposal of polluting matter, etc
- 25.Restrictions on new outlets and new discharges
- 26.Provision regarding existing discharge of sewage or trade effluent
- 27.Refusal or withdrawal of consent by State Board
- 27A.Power to issue guidelines
- 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 cases
- 32.Emergency measures in case of pollution of stream or well
- 33.Power of Board to make application to courts for restraining apprehended pollution of water in streams or wells
- 33A.Power to give directions
- 33B.Appeal to National Green Tribunal
CHAPTER VI FUNDS, ACCOUNTS AND AUDIT
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.Penalty for contravention of certain provisions of Act
- 45B.Adjudicating officer
- 45C.Appeal
- 45D.Penalty amount to be credited to Environmental Protection Fund
- 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.Offences by companies
- 48.Penalty for contravention by Government Department
- 49.Cognizance of offences
- 50.Members, officers and servants of Board to be public servants
CHAPTER VIII MISCELLANEOUS
- 51.Central Water Laboratory
- 52.State Water Laboratory
- 53.Analysts
- 54.Reports of analysts
- 55.Local authorities to assist
- 56.Compulsory acquisition of land for the State Board
- 57.Returns 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 and Joint Boards
- 62.Power of State Government to supersede State Board
- 63.Power of Central Government to make rules
- 64.Power of State Government to make rules