Water Act, 1974 Relevant provisions India

7/29/2019 Water Act, 1974 Relevant provisions India

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THE WATER (PREVENTION & CONTROL OF POLLUTION)ACT, 1974 RELEVANT PROVISIONS

Water (Prevention & Control of Pollution) Act, 1974

After the Stockholm conference on Human Environment on June,

1972, it was considered appropriate to have uniform law all over country

for broad Environment problems endangering the health and safety of

our people as well as of our flora and fauna. The Water (Prevention &

Control of Pollution) Act, 1974 is the first enactment by the Parliament in

this direction. This is also the first specific and comprehensive legislation

institutionalizing simultaneously the regulatory agencies for controlling

water pollution. The Pollution Control Board at the Centre and in the

State came into being in terms of this Act.

According to the Article 51 A (g) it is the fundamental duty of every

citizen of India to protect and improve the natural environment included

Forest, Lakes, Rivers and Wildlife and to have compassion for living

creatures.

Water Act is enacted with the aim of prevention and control of

Water Pollution in India. Pollution means 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, gas

and Solid substance into water (whether directly or indirectly) as may be

the case or is likely to create 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 plant or of aquatic organizations.

Trade effluent includes any liquid or solid substance which is

discharged from any premises used for carrying on any industry

operation or process or treatment and disposal system, other domestic

sewage.


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This Act aims at establishment of Central and State Pollution

Control Board at the central level and also at state level for each state

and giving powers to the members so as to enable them to carry out the

purposes of the Act. Board is having 17 members to carry out the said

purposes and the functions of the Board.

(a) To Plan a comprehensive programme for the prevention Controlor abatement of pollution of streams and wells.

(b) To advise the State Government on any matters concerning theprevention, Control or abatement of water pollution.

(c) To collect and disseminate information relating to the waterpollution and prevention, control or abatement thereof.

(d) To encourage, conduct and participate in investigations andresearch relating to problems of water pollution, prevention,

control or abatement of water pollution.

(e) To inspect sewage or trade effluents, works and plants for thetreatment of sewage and trade effluents and to review plans,

specifications or other data relating to plant set up for the

treatment of water, works for the purification thereof and the

system for the disposal of sewage or trade effluents or in

connection with the grant of any consent as required by this

act.

(f) Lay down, modify or annual effluent standards for the sewageand trade effluents and for the quantity of receiving water (not

being) water in an inter-state stream) resulting from the

discharge of effluents and to classify waters in the state.

(g) To evolve economical and reliable methods of treatment ofsewage and trade effluents, having regard to the peculiar

conditions of soils, climate and water resources of different

region and more especially the prevailing flow characteristics of

water in streams and wells, which render it impossible to attain

even the minimum degree of dilution and other such functions.


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Section 25/26 of the Water Act says that no industry or operator

process or any treatment and disposal system can be established without

the previous consent of the State Board and no industry or process can

discharge sewage or trade effluent into a stream or well or sewer or land

in excess of the standards & without the consent of the Board whoever

contravenes the provisions of section 25 or section 26 of the Water Act

shall be punishable with imprisonment for term which shall not be less

than one and half year but which may extend to six years with fine under

section 43/44 of the Water Act.

The industry can make an appeal if aggrieved against the orders of

the Board under section 28 of the Water Act.

The Board can issue directions for closure of industry &

disconnection of electricity in case of persistent defiance by any polluting

industry under section 33-A of the Water Act.


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THE WATER (PREVENTION & CONTROL OF POLLUTION)ACT, 1974

The Water Act is enacted with the objective of prevention & controlof pollution in India. The Act aims at the maintaining or restoring the

wholesome nature of water for the establishment of Boards and to vestthem with such powers so as to enable them to carry out the purposes ofthe Act. The Water Act is followed by the Water (Prevention & Control ofPollution) Rules, 1975 and the Water (Prevention & Control of Pollution(Procedure for transaction of Business )Rules, 1975. The provisions ofthe Act shall have effect not with stranding anything contained to thecontrary in any other enactment.

2.1 Important Definitions:

Relevantprovision

Term Definition

Section 2 (a) Board The Central Board or a State BoardSection 2(d) Occupier In relation to any factory or premises

means that person who has control overthe affairs of the factory or the premisesand includes. In relation to anysubstance, the person, in possession ofthe substance.

Section 2 (dd) Outlet ny conduit pipe or channel, open orclosed carrying sewage or trade effluent

or any other holding arrangementswhich causes or is likely to causepollution.

Section 2 (e) Pollution Contamination of water or suchalteration of the physical, chemical orbiological water or such discharge of anyother liquid, gaseous or solid substanceinto water (whether directly to indirectly)as may or is likely to create a nuisanceor render such water harmful or

injurious to public health or safety, or todomestic, commercial, industrial,agricultural or other legitimate uses orto the life and health of animals orplants or of aquatic organisms.

Section 2(f) Sewageeffluent

Effluent from any sewerage system orsewage disposal works and includessullage from open drains.


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Relevantprovision

Term Definition

Section 2 (gg) Sewer ny conduit pipe or channel, open orclosed carrying sewage or trade effluent.

Section 2(h) State Board State Pollution Control Boardconstituted under Section 4 of the Act.

Section 2 (j) Stream Includes river, water course (whetherflowing or for the time being dry), inlandwater (whether natural or artificial),sub-terranean waters, sea or tidal waterto such extent or as the case may be tosuch point as the state government mayby notification in the official gazettespecify in the behalf.

Section 2(k) Trade

effluent

Includes any liquid, gaseous or solid

substance which is discharged from anypremises used for carrying on any(industry, operation or process ortreatment and disposal system) otherthan domestic sewage.

Section 47 (2) (a) Company ny body corporate and includes a firmor other association of individuals.

Section 47 (2) (b) Director In relation to a firm means a partner inthe firm.

Section 25 (8) New Outlet ny outlet which is wholly or partlyconstructed on or after thecommencement of this Act or which issubstantially altered after suchcommencement.

Section 25 (8) NewDischarge

discharge which is not as respects thenature and composition, temperature,volume and rate of discharge of theeffluent substantially continuation of adischarge made within the precedingtwelve months(whether by the same ofdifferent outlet), so however that a

discharge which is in other respects ascontinuation of previous discharge madeas aforesaid shall not be deemed to be anew discharge by reason of anyreduction of the temperature or volumeor rate of discharge of the effluent ascompared with the previous discharge.


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THE WATER (PREVENTION & CONTROL OF POLLUTION) ACT, 1974

2.2 Constitution of State Boards, Terns & Conditions of Service ofMembers.

Relevantprovision Description ofprovision Scope of the provision

Section 4 Constitution ofthe State Board

The State Govt. shall constitute a StatePollution control Board , to exercise thepowers conferred and perform thefunction assigned under this Act. TheState Board shall consist of the followingmembers.

(a)A whole time or part timeChairman nominated by the State

Govt. Qualification - Personhaving special knowledge orpractical experience in respect ofmatters relating to theenvironmental protection orhaving knowledge and experiencein administering institutionsdealing with the mattersaforesaid.

(b)Maximum of 5 officials nominatedby the State Govt. representing

Govt.(c) Maximum of 5 officials nominated

by the State Govt. from amongstthe members of the localauthorities functioning within theState.

(d)Maximum of 3 non-officials,nominated by the State Govt. torepresent the interest ofagriculture, fishery or industry ortrade or any other interest which,

in the opinion of the State Govt.,ought to be represented.

(e)Two persons nominated by theState Govt. to representcompanies/corporations owned,controlled or managed by theGovt.


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THE WATER (PREVENTION & CONTROL OF POLLUTION) ACT, 1974

Relevant

provision

Description of

provision

Scope of the provision

Section 4 Constitution ofthe Board

(f) A full-time Member Secretaryprocessing qualifications, knowledgeand experience of scientific, engineeringor management aspects of pollutioncontrol, appointed by the State Govt.

Section 50 Deemed to bepublic

servants

LL members, officers and servants of aBoard when acting or purporting to actin pursuance of any of the provisions ofthe Act and the rules made there undershall be deemed to be public servants

within the meaning of section 21 of theIndian Penal Code.

Section 6 Disqualificationsof members

(1) No person shall be a member ofthe Board who

1) is, or at any time has beenadjudged insolvent or hassuspended payment of his debtsor has compounded with hiscreditors, or

2) is of unsound mind and declaredby a competent court, or

3) is, or has been, convicted of anoffence which, in the opinion ofthe Central Government or, as thecase may be, of the State Govt.involves moral turpitude, or

4) is, or at any time has beenconvicted of an offence under thisAct, or

5) has directly or indirectly byhimself or by any partner, anyshare or interest in any firm or

company carrying on the businessof manufacture, sale or hire ofmachinery, plant, equipment,apparatus or fittings for thetreatment of sewage or tradeeffluents, or


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6) is a director or a secretary,manager or other salaries officeror employee of any company orfirm having any contract with theBoard, or with the Govt.

constituting the Board, or with alocal authority in the State, orwith a company or corporationowned, controlled or managed bythe Govt. for the carrying out ofsewerage schemes or for theinstallation of plants for thetreatment of sewage or tradeeffluents, or

7) has so abused, in the opinion ofthe Central Govt. or as the case

may be, of the State Govt. hisposition as a member, as torender his continuance on theBoard detrimental to the interestof the general public.

(2) Order of removal shall be madeby the Central Govt. or the StateGovt. after giving the memberconcerned a reasonableopportunity of showing cause

against the same. A memberwho has been removed underthis section shall not be eligiblefor renomination as a member.

Section 5 Terms andConditions of

service ofmembers

(1) ny member other than, member-secretary shall hold office for aterm of three years from the dateof this nomination unless providedby this Act and shall continue tohold office until his successorenters upon his office.

(2)The term of office of a member of aBoard nominated under clause (b)or clause (e) of sub-section (2) ofsection3 or clause (b) or clause (e)of sub-section(2) of section 4 shallcame to an office by virtue ofwhich he was nominated.


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(3)The Central Govt. or the StateGovt. may remove any members ofa Board before the expiry of histerm of office after giving him areasonable opportunity of shoeing

cause against the same.(4) Any member, other than member

secretary may resign by writingunder his hand addressed (a) inthe case of Chairman, to theCentral Government as the casemay be, the State Governmentand (b) in any other case to theChairman of the Board.

(5) A member of a Board other thanthe Member Secretary, shall be

deemed to have vacated his seat ifhe is absent without reason,sufficient in the opinion of theBoard, from three consecutivemeetings of the Board, or wherehe is nominated under clause (c)or clause (e) of sub section 92) ofsection (3) or under clause (c) ofclause (e) of sub section (20 ofsection 4, if he ceases to be amember of the state board or of

the local authority or, as the casemay be of the company orcorporation owned, controlled ormanaged by the central Govt. orthe State Govt. and such vacationof seat shall, in either case, takeeffect from such date as thecentral Govt. or as the case maybe, the State Government may, bynotification in the Official Gazette,specify.


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2.4 Powers and Functions of State Boards

Relevantprovision

Description ofprovision


Section 17 Functions of theState Board

(1) The functions of the State Boardshall be

(a) To plan a comprehensiveprogramme for the prevention,control or abatement of pollutionof streams and wells in the stateand to secure the executionthereof.

(b) To adverse the State Governmenton any mater concerning theprevention control or abatement ofwater pollution.

(c) To collect and disseminateinformation relating to waterpollution and the prevention,control or abatement thereof.

(d) To encourage, conduct andparticipate in investigations andresearch relating to problems ofwater pollution and prevention,control or abatement of water

pollution.(e) to collaborate with the controlBoard in organizing the training ofpersons engaged or to be engagedin programmes relating toprevention, control or abatementof water pollution and to organizemass education programmesrelating thereof.

(f) To inspect sewage or tradeeffluents, works and plants for the

treatment of sewage and tradeeffluents and to review plants,specifications or other datarelating to plants set up for thepurification thereof and thesystem for the disposal of sewageor trade effluents or in connectionwith the grant of any consent as


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required by this Act.(g) lay down, modify or annual

effluent standards for the sewageand trade effluents and for thequality of receiving waters (not

being water in an inter statestream) resulting from thedischarge of effluents and toclassify waters of the State.

(h) to evolve economical and reliablemethods of treatment of sewageand trade effluents, having regardto the peculiar conditions of soils,climate and water resources ofdifference regions and morespecially the prevailing flow

characteristics of water in streamsand wells which render itimpossible to attain even theminimum degree of dilution.

(i) to evolve methods of utilization ofsewage and suitable tradeeffluents in agriculture.

(j) To evolve efficient methods ofdisposal of sewage and tradeeffluents on land as are necessaryon account of the predominant

conditions of scant stream flowsthat do not provide for major partof the year the minimum degree ofdilution.

(k) To lay down standards oftreatment of sewage and tradeeffluents to be discharged into anyparticular stream taking intoaccount the minimum fair weatherdilution available in that streamand the tolerance limits of

pollution permissible in the waterof the stream after the dischargeof such effluents.

(l) to make, vary or revoke any other(i) for the prevention, control orabatement of discharge of waste intostream or wells.


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(ii) requiring any person concerned toconstruct new systems for thedisposal of sewage and tradeeffluents or to modify, alter or extendany such existing system or to adopt

such remedial measures as arenecessary to prevent control or abatewater pollution.

(iii) to lay down effluent standards to becomplied with by persons whilecausing discharge of sewage orsullage or both and to lay downmodify or annual effluent standardsfor the sewage and trade effluent.

(iv) to advice the State Government withrespect to the location of any

industry the carrying on of which islikely to pollute a stream or well;

(v) to perform such other functions asmay be prescribed or as may, fromtime to time be entrusted to it by theCentra Board or the StateGovernment.

(2) The Board may establish orrecognize a laboratory or laboratoriesort enable the Board to perform itsfunctions under this section

efficiently, including the analysis ofsamples of water from any stream orwell or of samples of any sewage ortrade effluents.

Section 20 Power to givedirections toobtaininformation

The State Board or any officerempowered by it in this behalf may takesuch measures as it may be necessaryin order to obtain information to carryout the functions of the State Board[Section 20(1)]

A State Board may give directionsrequiring any person who in its opinionis abstracting water from any suchstream or well in the area in quantitieswhich are substantial in relation to theflow or volume of that stream or well or


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s discharging sewage or trade effluentinto any such stream or well, to givesuch information as to the abstractionor the discharge at such times and insuch form as may be specified in the

directions [Section 20 (2)]

A State Board may with a view topreventing or controlling pollution ofwater, give directions requiring anyperson in charge of any establishmentwhere any (industry, operation orprocess, or treatment and disposalsystem is carried on, to furnish to itinformation regarding the construction,installation or operation of such

establishments or of any disposalsystem or of any extension or additionthereto in such establishment andsuch other particulars as may beprescribed. [Section 20 (3)]

Section 21 Power to takesamples ofeffluents.

The State Board or any officerauthorized in this behalf shall have thepower.(i) to take samples of water from anystream or well.

(ii) to take samples of any sewage ortrade effluent passing from any plant orvessel or over any place into any suchstream or well.

The result of any analysis of a sample ofany sewage or trade effluent takenunder sub-section (1) shall notadmissible in evidence in a legalproceeding unless the provision of sub-sections (3) (4) and (5) regarding suchprocedure for collecting samples hasbeen complied with. [Section 21 (2)]

Section 23 Power of entryand inspection

ny person authorized in this behalf bythe State Board shall have the right toenter at any time for the purpose of anyfunctions entrusted by the Board forexample to determine whether an order


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or direction is being complied with orfor the purposes of examining plant,premises or nay material object or forsearch and seizure of any materialobject which may furnish evidence of

commission of an offence under the Act.Entry shall be at reasonable hours if thepremises are used for residentialpurposes.

Section 25 uthorizationfor new outletsand newdischarges andpower of StateBoard to takeaction with

regard tounauthorizedoutlets.

Prior Consent of the State Board undersection 25 is necessary(i) to set up any industry, plant orprocess which is likely to dischargesewage or trade effluent into a stream orwell or sewer or on land ;or(ii) bring into use any new or altered

outlets for the discharge of sewage; or(iii) begin to make any new discharge ofsewage.

Where, such prior consent is requiredas per section 25 (1) has not taken thenthe State Board may serve on theperson who has established or takensteps to establish any industry ,operation or process, or any treatmentand disposal system or any extension or

addition thereto, ort using the outlet, tomaking the discharge, as the case maybe, a notice imposing any suchconditions as it might have imposed onan application for its consent in respectof such establishment, such outlet ordischarge. [Section 25 (5)]

Every State Board shall maintain aregister containing particulars orconditions imposed under this sectionand so much of the register as relates toany outlet, or to any effluent, from anyland or premises shall be open toinspection al all reasonable hours byany person interested in, or affected bysuch outlet, land or premises, as thecase may be, or by any person


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authorized by him in this behalf and theconditions so contained in such registershall be conclusive proof that theconsent was granted subject suchconditions.

Section 27 Power to refuseor withdrawal ofconsent by StateBoard

State Board shall not grant consentunder Section 25 (4) if the industry,operation or process or treatment anddisposal system is not installed.

Section 30 Power to theState Board tocarry out certainworks specifiedunder section25 or 26

In continuance of the power undersection 25 & 26, the State Board mayserve upon the person a notice askingthe person concerned to do a specifiedwork within the specified time failingwhich the board itself shall execute thework the expenses of which shall be

borne by the defaulting party.

Section 32 Power to takeemergencymeasures incase of pollutionof stream or well

State Board may issue orders to removethe matter, which is, or may causepollution ; or remedy or mitigate thepollution, or issue prohibition orders tothe concerned persons from dischargingany poisonous or noxious or pollutingmatter.

Section 33 Power of Board

to makeapplication tocourts forrestrainingapprehendedpollution ofwaste instreams or wells

(1) here it is apprehended by a Boardthat the water in any stream or wellis likely to be polluted by reason ofthe disposal or likely disposal of anymatter in such stream or well or inany sewer, or on any land, orotherwise, the Board may make anapplication to a curt, not inferior tothat of a Metropolitan Magistrate ora Judicial Magistrate of the firstclass, for restraining the person whois likely to cause such pollution formso causing.

(2) On receipt of an application undersection 33 (1) the court make suchorder as it deems fit.

(3)Where under section 33 (2) the courtmakes an order restraining anyperson from polluting the water in


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any stream or well, it may in thatorder:-

(i) direct the person who is likely tocause or has caused the pollution of thewater in the stream or well, to desist

from taking such action as is likely tocause pollution or, as the case may be,to remove such stream or well, suchmatter and(ii) authorize the Board, if the directionunder section 33 (3) (i) (being a directionfor the removal of any matter from suchstream or well) is not complied with bythe person to whom such direction isissued, to undertake the removal anddisposal of the matter in such manner

as may be specified by the court.

(4) All expenses incurred by the Boardin removing any matter to pursuance ofthe authorization under clause (ii) ofsub section (3) or in the disposal of anysuch matter may be defrayed out of anymoney obtained by the Board from suchdisposal and any balance outstandingshall be recoverable from the personconcerned as arrears of and revenue or

of public demand.Section 33 A Power to give

directionsSubject to the provisions of this Act,and to any direction that the CentralGovernment may give in this behalf, aBoard may issue any directions inwriting to any person, officer orauthority, and such person, officer orauthority shall be bound to comply withsuch directions. This includes thepower to direct the closure, prohibitionor regulation of any industry, operationor process; or the stoppage or regulationof supply of electricity, or water or anyother service.


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2.5 Powers and Functions of the State Government

Relevantprovision



Section 18 Power to givedirection to the

State Board

Every State Board shall be bound bysuch directions in writing as the CentralBoard or the State Govt. may give to it.Provided where a direction given by theState Govt. is inconsistent with thedirection by the Central Board thematter shall be referred to the CentralGovt. for its decision.

Sections 19 (1)& (3)

Power to restrictthe application

of the Act tocertain areas

Notwithstanding contained in this Act, ifthe State Government, after consultationwith, or on the recommendation of theState Board is of the opinion that the

provisions of this Act need not apply tothe entire state, it may, by notification inthe Official Gazette, restrict theapplication of this Act to such area orareas as may be declared therein aswater pollution, prevention and controlarea or areas and thereupon theprovisions of this Act shall apply only tosuch area or areas.The State Government may, bynotification in the Official Gazette:-

(a)Alter any water pollution,prevention and control areawhether by way of extension orreduction; or

(b)Define a new water pollution,prevention and control area inwhich may be merged one ormore water pollution, preventionand control areas, or any part orparts thereof.

Section 52 State Govt. to

set up Statewater laboratory

and prescriberules thereof

The State Government may, by

notification in the Official Gazette;(a) Establish a State Water

Laboratory; or(b) Specify any State laboratory or

institute as a State WaterLaboratory, to carry out thefunctions entrusted to the StateWater Laboratory under this Act.


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The State Government may, afterconsultation with the State Board,make rules prescribing the functionsof the State Water laboratory; the

procedure for the submission to thesaid laboratory of sampled of water orof sewage or trade effluents foranalysis or rests, the form of thelaboratorys report thereon and thefees payable in respect of suchreport; such other matters as may benecessary or expedient to enable thatlaboratory to carry out its functions.

Section 62 Power to

supersede theState Board

(1) If at any time the StateGovernment is of opinion.

(a) that the State Board haspersistently made default in theperformance of the functionsimposed on it by or under thisAct; or

(b) that circumstances exists whichrender it necessary in the publicinterest so to do.

The State Government may, by

notification in the Official Gazette,supersede the State Board for suchperiod, not exceeding one year, as maybe specified in the notification.Provided that before issuing anotification the State government shallgive a reasonable opportunity to theState Board to show cause why it shouldnot be superseded ands shall considerthe explanations and objections, if any,of the State Board.

(2) Upon the publication of anotification for Superseding theState Board, the provisions ofsub-sections (2) and (3) of section61 shall apply in relation to thesuppersession of the State Boardas they apply in relation to the


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supersession of the central Boardor a Joint Board by the CentralGovernment.

Section 64 Power to the

State Govt.tomake rules

(1) The State Government may,simultaneously with theconstitution of the State Board,make rules to carry out thepurposes of this Act in respect ofmatters not falling within thepurview of section 633;

Provided that when the State Boardhas been constituted, no such rule

shall be made varied, amended or

repeated without consulting thatBoard.

2.6 Offences and Penalties

Relevantprovision

Descriptionof provision

Scope of the provision Punishment

Section 24& Section

43

Prohibitionon use ofstream orwell fordisposal ofpolluting

matter andpenalty forcontraventionthereof

No person shallknowingly cause orpermit any poisonous,noxious or pollutingmater as determined bythe State Board to enter

into any stream orsewer or on land; or

No person shallknowingly cause orpermit to enter anyother matter which mayimpede the flow of waterof the stream in amanner leading or maylikely to lead to asubstantial aggravationof pollution due to othercauses or of itsconsequences.

Imprisonmentwhich shall not beless than one yearand six monthswhich any extendup to six years

and with fine.


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Unless the State Govt.has after consultationwith the State Boardexempted any personssubject to the fulfillment

of certain conditionsfrom the operation ofthis provision. [Section24 (3)]

Section 41(1)

Failure to comply withthe direction under S.20(2) or 20 (3)

On conviction, thefailure shall bepunishable withimprisonment upto 3 months orfine upto Rs.10,000 or both if

the failurecontinues, anadditional fine ofRs. 5000 per day.

Section 41(2)

Failure to comply withany order under section32 (1) (c) or direction bya court under section33 (2) or a directionunder section 33 A.

Failure shall bepunishable withimprisonment forone year and sixmonths whichmay be extendedto six years with

fine. An additionalfine upto Rs.5000/- per day incases where thefailure continues.

Section 41(3)

Failure under section41 (2) continues beyonda period of one yearafter the date ofconviction.

Offender, onconviction shallbe punishablewithimprisonment fora term whichshall not be lessthan two yearswhich may extendupto seven yearsand fine.

Section 42 Penalty forcertain acts

hoever-(a) destroys pulls Imprisonment fora term which may


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down, removes, injuresor defaces any pillar,post or stake fixed inthe ground or anynotice or other matter

put up inscribed andplaced by or under theauthority of the Board;or(b) Obstructs anyperson acting under theorders or direction ofthe Board fromexercising his powersand performing hisfunctions under this

Act; or(c) Damages anyworks or propertybelonging to the Board;or(d) Fails to furnishany officer otheremployee of the Boardany informationrequired by him for thepurposes of this Act; or

(e) Fails to intimatethe occurrence if anaccident or other eventunder section 31 to theBoard and otherauthorities or agenciesas required by thatsection; or(f) in giving anyinformation which he isrequired to give under

this Act or willfullymakes a statementwhich is false in anymaterial particular; or(g) for the purpose ofobtaining any consentunder section 25 or 26

extend upto threemonths or withfine to Rs.10,000/- or withboth.


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knowingly or willfullymakes a statementwhich is false in anymaterial particular;

Section 44 Contravention ofSection 25 or 26

Imprisonmentwhich shall not beles than two yearswhich may extendupto six yearsand with fine.

In addition liableto pay a higherwater cess as per

Schedule II of theWater (Prevention& Control ofPollution) CessAct, 1977.

Section 45 Enhancedpenalty after

previousconviction

undersections 25,

25 or 26

If any person isagain found guiltyof an offenceunder the sameprovision, on thesecond and every

subsequentconviction shallbe punishablewithimprisonmentwhich shall not beless than one anda half years whichmay extend uptosix years and withfine.

Section 45A

Penalty forcontravention

of anyprovision of

the Act whichno penaltyhas been

Shall bepunishable withimprisonmentupto threemonths or withfine which mayextend upto Rs.


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providedelsewhere in

the Act.

10,000/- or withboth. Incontinuingcontravention offailure. An

additional finewhich may extendto Rs. 5000/- perday.

Section 40 Publication ofthe names ofthe offender

If any person convictedof an offence under thisAct commits a likeoffence afterwards.

It shall be lawfulfor the courtbefore which thesecond orsubsequentconviction takesplace to cause the

offenders nameand place ofresidence, theoffence and thepenalty imposedto be published atthe offendersexpense in suchnewspapers or insuch othermanner as the

court may directand the expensesof suchpublication shallbe deemed to bepart of the costattending theconviction andshall berecoverable in thesame manner as afine.


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2.7 Liability for offence committed by Companies or GovernmentDepartments

Relevantprovision

Descriptionof provision

Who is liable When not liable

Section 47 Offences byCompanies

Every person who at thetime the offence wascommittee was directlyincharge of, and wasresponsible in charge of,and was responsible tothe company for theconduct of the businessof the company. Anydirector, manager,secretary or other officer

of the company shallalso be liable/guilty if itis proved that theoffence has beencommitted with theirconsent or company orconnivance or isattributable to anyneglect on their part.

Not liable is heproves that theoffence wascommittedwithout theknowledge or thathe exercised alldue diligence toprevent thecommission ofsuch offence.

Section 48 Offences byGovernment

Departments

The Head of theDepartment

Any other officer shallalso be liable/guilty if itis proved that theoffence has beencommitted with hisconsent or connivanceor is attributable to anyneglect on his part.

Not liable if heproves that the

offence wascommittedknowledge or thathe exercised alldue diligence toprevent thecommission ofsuch offence.


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2.8 Protection for action taken in good faith

Relevantprovision



Section 59 Protection foraction taken ingood faith

No suit or legal proceedings shall lieagainst the government or any officer ofthe government or any member or officerof the Board in respect of anything,which is done in good faith or intendedto be done in pursuance of this Act orthe rules thereunder.

2.9 Cognizance and Trial of Offences

Relevant

provision

When Cognizance

can be taken?

Who can try the Offences?

Section 49 No court shall takecognizance of anyoffence under thisAct except on acomplaint made by(a) A Board orany officerauthroised in thisbehalf by it; or(b) Any personwho has givennotice of not lessthan sixty days, inthe mannerprescribed of thealleged offence andof his intention tomake a complaintto the board orofficer authorizedas aforesaid.

No court inferior to that of MetropolitanMagistrate or a Judicial Magistrate ofthe first class.

Notwithstanding anything contained insection 29 of the Code of CriminalProcedure, 1973 it shall be lawful forany Judicial Magistrate of the first classor for any Metropolitan Magistrate to

pass a sentence of imprisonment for aterm exceeding two years or of timeexceeding two thousand rupees on anyperson convicted of an offencepunishable under this Act.

Section 54 dmissibility ofreports as evidence

ny documents purporting to be areport signed by a government analystor as the case may be a Board analystmay be used as evidence of the factsstated therein in any proceeding underthis Act.


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2.10 Protection for action taken in good faith

Relevantprovision



Section 28 ppeals againstorders of theState Board

1. ny person aggrieved by an order madeby the state Board under section 25,section 26 or section 27 may withinthirty days from the date or which theorder is communicated to him, preferan appeal to such authority(hereinafter referred to as the appellantauthority) as the State Government maythink fir to constitute.Provided that the appellant authoritymay entertain the appeal after theexpiry of the said period of thirty days ofsuch authority is satisfied that theappellate was prevented by sufficientcause from filing the appeal in time.

2.An appellant authority shall consist ofa single person or three persons as theState Government may think fit, to beappointed by that Government.

3.The form and manner in which anappeal may be preferred under sub-section (1), the fees payable for suchappeal and the procedure to be followed

by the appellant authority shall be suchas may be prescribed.4.On receipt of an appeal preferredunder sub-section (1), the appellantauthority shall after giving the appellantand the State Board an opportunity ofbeing heard, dispose of the appeal aexpeditiously as possible.5.If the appellant authority determinesthat any condition imposed, or thevariation of any condition, as the case

may be was unreason able, then,-(a)where the appeal is in respect of the

unreasonableness of any conditionimposed, such authority may directeither that the condition shall betreated as annulled or that there shallbe substituted for it such condition asappears to it to be reasonable.


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(b) here the appeal is in respect of theunreasonableness of any variation of acondition, such authority may directeither that the condition shall betreated as continuing in force unvaried

or that it shall be varied in suchmanner as appears to it to bereasonable.

Relevantprovision



Section 29 Power ofrevision of theState Govt.

(1)The State Government may at anytime either of its own motion or on anapplication made to it in this behalf,call for the records of any case where

an order has been made by the StateBoard under section 25, Section 26 orsection 27 for the purpose ofsatisfying itself as to the legality orpropriety of any such order and maypass such order in relation thereto asit may think fit.Provided that the State governmentshall not pass any order under thissub-section without affording theState Board and the person who may

be affected by such order a reasonableopportunity of being heard in thematter.(2) The State Government shall notrevise any order made under section25, Section 26 & Section 27 where anappeal against the order lies to theappellate authority, but has not beenpreferred or where an appeal has beenpreferred such appeal is pendingbefore the appellate authority.

2.11 Bar to Jurisdiction of civil Courts

Relevantprovision




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Section 58 Bar toJurisdiction

No civil court shall have jurisdiction toentertain any suit to processing in respect ofany matter which an appellate authorityconstituted under this Act is empoweredunder this Act to determine, and

No injunction shall be granted by any courtor other authority in respect of any actiontaken or to betaken in pursuance of anypower conferred by or under this Act.

Date post:	04-Apr-2018
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Water Act, 1974 Relevant provisions India

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