PRELIMINARYCentral

Section 1 of The Water (Prevention and Control of Pollution) Act, 1974

(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.

Summary

The legal name of this law is The Water (Prevention and Control of Pollution) Act, 1974.
It originally applied to the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura, and West Bengal.
It also applies to all Union territories automatically.
Any State not on the original list can choose to follow this law if its legislature passes a specific resolution under the Constitution of India.
The law starts working in the original States and Union territories immediately.
For any State that joins later, the law becomes active on the specific date they adopt it.

Practical examples

1In May 1975, the State of Punjab decides it wants to use this federal law to protect its rivers, so its legislature passes a resolution to adopt the 1974 Act.

2A factory owner in the Union territory of Delhi is informed in April 1974 that they must immediately comply with the new rules because the Act applies to all Union territories from the start.

3A researcher looking at environmental history in Bihar notes that this law has been legally active in that State since the very day it was first published in 1974.

FAQ

1. What is the official title of the 1974 water law?

The official title is The Water (Prevention and Control of Pollution) Act, 1974.

2. Does The Water (Prevention and Control of Pollution) Act, 1974 apply to every state in India?

Under Section 1, it applied first to twelve specific states and all Union territories, but other states can join by passing a resolution under Article 252 of the Constitution.

3. If a state adopts The Water (Prevention and Control of Pollution) Act, 1974 in 1980, when does it officially start?

According to Section 1, for a state that adopts it later, the Act comes into force on the date that state passes its adoption resolution.

4. How does a state like Uttar Pradesh adopt The Water (Prevention and Control of Pollution) Act, 1974 if it was not in the first group?

Section 1 explains that the state must pass a resolution in its legislature under clause (1) of article 252 of the Constitution to adopt the law.

Test yourself

Q1.Under Section 1 of The Water (Prevention and Control of Pollution) Act, 1974, which of these areas did the law apply to first?

Q2.How does a state not named in the initial list join The Water (Prevention and Control of Pollution) Act, 1974?

Q3.Under Section 1 of The Water (Prevention and Control of Pollution) Act, 1974, what does "commencement of this Act" mean for the State of Gujarat?

Q4.If a state adopts The Water (Prevention and Control of Pollution) Act, 1974 through a resolution today, when does the law begin to apply there?

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