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With the growth of industries, problem of pollution of rivers and streams assumed considerable importance and urgency. Discharge of domestic and industrial effluents into water witnessed the unsuitability of water for domestic, commercial, agricultural uses and even to the life of animals and plants. So, in order to curb the practices resulting in water pollution, an Act was passed and was named as Water (Prevention and Control of Pollution) Act, 1974.

Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to be as Act) is an Act which provides for the prevention and control of water pollution and maintaining of or restoring of wholesomeness to water. It also provides for the establishment 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 incidental therewith. Thus, the Act covers fields of water and irrigation which are State subjects. The Act is divided into five chapters and has a total of 64 sections.

1. Application and commencement

The Act applies to --

(i) 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 (hereinafter referred to be as specified states).

(ii) to such other State which adopts this Act by resolution passed in that behalf under clause (1) of article 252 of the Constitution.

It shall come into force at once in the State mentioned in (a) above and in respect of States mentioned in (B), on the date of such adoption.

2. Definitions [Section 2]

Definitions of various terms used in this Act are contained in section 2 of the Act. In this Act, unless the contrary is provided--

(i) Board

(a) 'Board' means the Central Board or State Board. [Section 2(a)]

(ii) Central Board

Central Board' means the Central Pollution Control Board constituted under section 3. [Section 2(b)]

(iii) Member

'Member' means a member of a Board and includes the chairman thereof. [Section 2(c)]

(iv) Occupier

'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. [Section 2(d)]

(v) Outlet

'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. [Section 2(dd)]

(vi) Pollution

'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. [Section 2(e)]

(vii) Sewage effluent

'Sewage effluent' means effluent from any sewerage system or sewage disposal works and includes sullage from open drains. [Section 2(g)]

(viii) Sewer

'Sewer' means any conduit pipe or channel, open or closed, carrying sewage or trade effluent. [Section 2(gg)]

(ix) State Board

'State Board' means a State Pollution Control Board constituted under section 4. [Section 2(h)]

(x) State Government

'State Government' in relation to a Union territory means the Administrator thereof appointed under article 239 of the Constitution. [Section 2(i)]

(xi) Stream

'Stream' includes--

(a) river;

(b) water course (whether flowing or for the time being dry);

(c) inland water (whether natural or artificial);

(d) subterranean waters;

(e) 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. [Section 2(j)]

(xii) Trade effluent

'Trade effluent' includes any liquid, gaseous or solid substance which is discharged from any premises used for carrying on any industry, operation or process, or treatment and disposal system, other than domestic sewage. [Section 2(k)]

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