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.
2. Definitions.—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 the
affairs of the factory or the premises, and includes, in relation to any substance, the person in
possession of the substance;]
1. Subs. by Act 53 of 1988, s. 2, for clause (b) (w.e.f. 29-9-1988).
2. Subs. by s. 2, ibid., for clause (d) (w.e.f. 29-9-1988).
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1
[(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 acquatic organisms;
(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;
1
[(gg) “sewer” means any conduit pipe or channel, open or closed, carrying sewage or trade
effluent;]
2
[(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) sub-terranean 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 3
[industry, operation or process, or treatment and disposal system],
other than domestic sewage.