The Water (Prevention and Control of Pollution) Act, 1974

(1) This Act may be called the Water (Preventionand 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 andWest Bengal and the Union territories; and it shall apply to such other State which adopts this Act byresolution 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, HimachalPradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengaland in the Union territories, and in any other State which adopts this Act under clause (1) of article 252 ofthe Constitution on the date of such adoption and any reference in this Act to the commencement of thisAct shall, in relation to any State or Union territory, mean the date on which this Act comes into force insuch State or Union territory.

In this Act, unless the context otherwise requires,-- (a) "Board" means the Central Board or a State Board; 1[(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; 2[(d) "occupier", in relation to any factory or premises, means the person who has control over theaffairs of the factory or the premises, and includes, in relation to any substance, the person inpossession of the substance;] 3[(dd) "outlet" includes any conduit pipe or channel, open or closed, carrying sewage or tradeeffluent 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 orbiological 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 anuisance 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 orplants or of acquatic organisms; (f) "prescribed" means prescribed by rules made under this Act by the Central Government or, asthe case may be, the State Government; (g) "sewage effluent" means effluent from any sewerage system or sewage disposal works andincludes sullage from open drains; 3[(gg) "sewer" means any conduit pipe or channel, open or closed, carrying sewage or tradeeffluent;] 4[(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 thereofappointed 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) sub-terranean waters; (v) sea or tidal waters to such extent or, as the case may be, to such point as the StateGovernment 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 anypremises used for carrying on any 5[industry, operation or process, or treatment and disposal system],other than domestic sewage.

(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 OfficialGazette, appoint, constitute a Central Board to be called the 1[Central Pollution Control Board] to exercisethe 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 inrespect of 2[matters relating to environmental protection] or a person having knowledge andexperience in administering institutions dealing with the matters aforesaid, to be nominated by theCentral Government; (b)3[such number of officials, not exceeding five,] to be nominated by the Central Government torepresent that Government; (c) such number of persons, not exceeding five, to be nominated by the Central Government,from amongst the members of the State Boards, of whom not exceeding two shall be from thosereferred to in clause (c) of sub-section (2) of section 4; (d)4[such number of non-officials, not exceeding three,] to be nominated by the CentralGovernment, to represent the interests of agriculture, fishery or industry or trade or any other interestwhich, in the opinion of the Central Government, ought to be represented; (e) two persons to represent the companies or corporations owned, controlled or managed by theCentral Government, to be nominated by that Government; 5[(f) a full-time member-secretary, possessing qualifications, knowledge and experience ofscientific, engineering or management aspects of pollution control, to be appointed by the CentralGovernment.] (3) The Central Board shall be a body corporate with the name aforesaid having perpetual successionand a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose ofproperty and to contract, and may, by the aforesaid name, sue or be sued.

(1) The State Government shall, with effect from such date 1*** asit may, by notification in the Official Gazette, appoint, constitute a 2[State Pollution Control Board],under such name as may be specified in the notification, to exercise the powers conferred on and performthe functions assigned to that Board under this Act. (2) A State Board shall consist of the following members, namely:-- (a) a 3*** chairman, being a person having special knowledge or practical experience in respectof 4[matters relating to environmental protection] or a person having knowledge and experience inadministering institutions dealing with the matters aforesaid, to be nominated by the StateGovernment: 5[Provided that the chairman may be either whole-time or part-time as the State Government maymay think fit;] (b)6[such number of officials, not exceeding five,] to be nominated by the State Government torepresent that Government; (c)7[such number of persons, not exceeding five,] to be nominated by the State Governmentfrom amongst the members of the local authorities functioning within the State; (d)8[such number of non-officials, not exceeding three,] to be nominated by the StateGovernment to represent the interests of agriculture, fishery or industry or trade or any other interestwhich, in the opinion of the State Government, ought to be represented; (e) two persons to represent the companies or corporations owned, controlled or managed by theState Government, to be nominated by that Government; 9[(f) a full-time member-secretary, possessing qualifications, knowledge and experience ofscientific, engineering or management aspects of pollution control, to be appointed by the StateGovernment.] (3) Every State Board shall be a body corporate with the name specified by the State Government inthe notification under sub-section (1), having perpetual succession and a common seal with power,subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and may, bythe said name, sue or be sued. (4) Notwithstanding anything contained in this section, no State Board shall be constituted for aUnion territory and in relation to a Union territory, the Central Board shall exercise the powers andperform the functions of a State Board for that Union territory: Provided that in relation to any Union territory the Central Board may delegate all or any of itspowers and functions under this sub-section to such person or body of persons as the Central Governmentmay specify

(1) Save as otherwise provided by or under thisAct, a member of a Board, other than a member-secretary, shall hold office for a term of three years fromthe date of his nomination: Provided that a member shall, notwithstanding the expiration of his term, continue to hold office untilhis successor enters upon his office. 1[(2) The term of office of a member of a Board nominated under clause (b) or clause (e) ofsub-section (2) of section 3 or clause (b) or clause (e) of sub-section (2) of section 4 shall come to an endas soon as he ceases to hold the office under the Central Government or the State Government or, as thecase may be, the company or corporation owned, controlled or managed by the Central Government orthe State Government, by virtue of which he was nominated.] (3) The Central Government or, as the case may be, the State Government may, if it thinks fit, removeany member of a Board before the expiry of his term of office, after giving him a reasonable opportunityof showing cause against the same. (4) A member of a Board, other than the member-secretary, may at any time resign his office bywriting under his hand addressed-- (a) in the case of the chairman to the Central Government or, as the case may be, theState Government; and (b) in any other case, to the chairman of the Board, and the seat of the chairman or such other member shall thereupon become vacant. (5) A member of a Board, other than the member-secretary, shall be deemed to have vacated his seatif he is absent without reason, sufficient in the opinion of the Board, from three consecutive meetings ofthe Board, 2[or where he is nominated under clause (c) or clause (e) of sub-section (2) of section 3 orunder clause (c) or clause (e) of sub-section (2) of section 4, if he ceases to be a member of the StateBoard or of the local authority or, as the case may be, of the company or corporation owned, controlled ormanaged by the Central Government or the State Government and such vacation of seat shall, in eithercase, take effect from such date as the Central Government or, as the case may be, the State Governmentmay, by notification in the Official Gazette, specify]. (6) A casual vacancy in a Board shall be filled by a fresh nomination and the person nominated to fillthe vacancy shall hold office only for the remainder of the term for which the member in whose place hewas nominated. (7) A member of a Board 3[shall be eligible for renomination]. (8) The other terms and conditions of service of a member of a Board, other than the chairman andmember-secretary, shall be such as may be prescribed. (9) The other terms and conditions of service of the chairman shall be such as may be prescribed.