The Water (Prevention and Control of Pollution) Act, 1974
Administered Ministry: Ministry of Environment, Forest and Climate Change
Section
Section 37 Fund of State Board.
(1) The State Board shall have its own fund, and the sums which may, from time to time, be paid to it by the State Government and all other receipts (by way of gifts, grants, donations, benefactions 1[,fees] or otherwise) of that Board shall be carried to the fund of the Board and all payments by the Board shall be made therefrom.
(2) The State Board may expend such sums as it thinks fit for performing its functions under this Act, 1[and, where any law for the time being in force relating to the prevention, control or abatement of air pollution provides for the performance of any function under such law] by the State Board, also for performing its functions under such law and such sums shall be treated as expenditure payable out of the fund of that Board.
(2) The State Board may expend such sums as it thinks fit for performing its functions under this Act, 1[and, where any law for the time being in force relating to the prevention, control or abatement of air pollution provides for the performance of any function under such law] by the State Board, also for performing its functions under such law and such sums shall be treated as expenditure payable out of the fund of that Board.
1. Ins. by s. 17, ibid. (w.e.f. 12-12-1978).
Section 37A Borrowing powers of Board.
1 [37A. Borrowing powers of Board.--A Board may, with the consent of, or in accordance with, the terms of any general or special authority given to it by the Central Government or, as the case may be, the State Government, borrow money from any source by way of loans or issue of bonds, debentures or such other instruments, as it may deem fit, for the performance of all or any of its functions under this Act.]
1. Ins. by Act 53 of 1988, s. 19 (w.e.f. 29-9-1988).
Section 38 Budget.
The Central Board or, as the case may be, the State Board shall, during each financial year, prepare, in such form and at such time as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipt and expenditure, and copies thereof shall be forwarded to the Central Government or, as the case may be, the State Government.
Section 39 Annual report.
1 [39. Annual report.--(1) The Central Board shall, during each financial year, prepare, in such form as may be prescribed, an annual report giving full account of its activities under this Act during the previous financial year and copies thereof shall be forwarded to the Central Government within four months from the last date of the previous financial year and that Government shall cause every such report to be laid before both Houses of Parliament within nine months from the last date of the previous financial year.
(2) Every State Board shall, during each financial year, prepare, in such form as may be prescribed, an annual report giving full account of its activities under this Act during the previous financial year and copies thereof shall be forwarded to the State Government within four months from the last date of the previous financial year and that Government shall cause every such report to be laid before the State Legislature within a period of nine months from the last date of the previous financial year.]
(2) Every State Board shall, during each financial year, prepare, in such form as may be prescribed, an annual report giving full account of its activities under this Act during the previous financial year and copies thereof shall be forwarded to the State Government within four months from the last date of the previous financial year and that Government shall cause every such report to be laid before the State Legislature within a period of nine months from the last date of the previous financial year.]
1. Subs. by s. 20, ibid., for section 39 (w.e.f. 29-9-1988).
Section 40 Accounts and audit.
(1) Every Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government or, as the case may be, the State Government.
(2) The accounts of the Board shall be audited by an auditor duly qualified to act as an auditor of companies under section 226 of the Companies Act, 1956 (1 of 1956).
(3) The said auditor shall be appointed by the Central Government or, as the case may be, the State Government on the advice of the Comptroller and Auditor General of India.
(4) Every auditor appointed to audit the accounts of the Board under this Act shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Board.
(5) Every such auditor shall send a copy of his report together with an audited copy of the accounts to the Central Government or, as the case may be, the State Government.
(6) The Central Government shall, as soon as may be after the receipt of the audit report under sub-section (5), cause the same to be laid before both Houses of Parliament.
(7) The State Government shall, as soon as may be after the receipt of the audit report under sub-section (5), cause the same to be laid before the State Legislature.
(2) The accounts of the Board shall be audited by an auditor duly qualified to act as an auditor of companies under section 226 of the Companies Act, 1956 (1 of 1956).
(3) The said auditor shall be appointed by the Central Government or, as the case may be, the State Government on the advice of the Comptroller and Auditor General of India.
(4) Every auditor appointed to audit the accounts of the Board under this Act shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Board.
(5) Every such auditor shall send a copy of his report together with an audited copy of the accounts to the Central Government or, as the case may be, the State Government.
(6) The Central Government shall, as soon as may be after the receipt of the audit report under sub-section (5), cause the same to be laid before both Houses of Parliament.
(7) The State Government shall, as soon as may be after the receipt of the audit report under sub-section (5), cause the same to be laid before the State Legislature.
Section 41 Failure to comply provisions of section 20 or directions issued thereunder.
1[41. Failure to comply with provisions of section 20 or directions issued thereunder.--(1) Whoever contravenes or does not comply with the directions given under sub-section (2) or sub-section (3) of section 20, within such time as may be specified in the direction, shall, in respect of each such contravention or non-compliance, be liable to pay a penalty which shall not be less than ten thousand rupees, but which may extend to fifteen lakh rupees.
(2) Where any person continues contravention or non-compliance under sub-section (1), he shall be liable to pay an additional penalty of ten thousand rupees every day during which such contravention continues.]
(2) Where any person continues contravention or non-compliance under sub-section (1), he shall be liable to pay an additional penalty of ten thousand rupees every day during which such contravention continues.]
1. Subs. by Act 5 of 2024, s. 6, for section 41, (w.e.f. 15-2-2024)
Section 41A Failure to comply with provisions of section 32, or directions issued under section 33 or section 33A.
1[41A. Failure to comply with provisions of section 32, or directions issued under section 33 or section 33A--(1) Whoever contravenes or does not comply with any order or direction issued under clause (c) of sub-section (1) of section 32 or any direction issued by a court under sub-section (2) of section 33 or any direction issued under section 33A, shall, in respect of each such contravention or noncompliance, be liable to pay the penalty which shall not be less than ten thousand rupees, but which may extend to fifteen lakh rupees.
(2) Where any person continues contravention or non-compliance under sub-section (1), he shall be liable to pay an additional penalty of ten thousand rupees every day during which such contravention continues.]
(2) Where any person continues contravention or non-compliance under sub-section (1), he shall be liable to pay an additional penalty of ten thousand rupees every day during which such contravention continues.]
1. Subs. by Act 5 of 2024, s. 6, for section 41, (w.e.f. 15-2-2024)
Section 42 Penalty for certain acts.
(1) Whoever--
(a) destroys, pulls down, removes, injures or defaces any pillar, post or stake fixed in the ground or any notice or other matter put up, inscribed or placed, by or under the authority of the Board, or
(b) obstructs any person acting under the orders or directions of the Board from exercising his powers and performing his functions under this Act, or
(c) damages any works or property belonging to the Board, or
(d) fails to furnish to any officer or other employee of the Board any information required by him for the purpose of this Act, or
(e) fails to intimate the occurrence of any accident or other unforeseen act or event under section 31 to the Board and other authorities or agencies as required by that section, or
(f) in giving any information which he is required to give under this Act, knowingly or wilfully makes a statement which is false in any material particular, or
(g) for the purpose of obtaining any consent under section 25 or section 26, knowingly or wilfully makes a statement which is false in any material particular,
1[shall be liable to pay penalty which shall not be less than ten thousand rupees, but which may extend to fifteen lakh rupees.]
2[(2) Where any person continues contravention or non-compliance under sub-section (1), he shall be liable to pay an additional penalty of ten thousand rupees every day during which such contravention continues.].
(a) destroys, pulls down, removes, injures or defaces any pillar, post or stake fixed in the ground or any notice or other matter put up, inscribed or placed, by or under the authority of the Board, or
(b) obstructs any person acting under the orders or directions of the Board from exercising his powers and performing his functions under this Act, or
(c) damages any works or property belonging to the Board, or
(d) fails to furnish to any officer or other employee of the Board any information required by him for the purpose of this Act, or
(e) fails to intimate the occurrence of any accident or other unforeseen act or event under section 31 to the Board and other authorities or agencies as required by that section, or
(f) in giving any information which he is required to give under this Act, knowingly or wilfully makes a statement which is false in any material particular, or
(g) for the purpose of obtaining any consent under section 25 or section 26, knowingly or wilfully makes a statement which is false in any material particular,
1[shall be liable to pay penalty which shall not be less than ten thousand rupees, but which may extend to fifteen lakh rupees.]
2[(2) Where any person continues contravention or non-compliance under sub-section (1), he shall be liable to pay an additional penalty of ten thousand rupees every day during which such contravention continues.].
1. Subs. by Act 5 of 2021, s. 7, for long line (w.e.f. 15-2-2024).
2. Subs. by s. 7, ibid., for sub-section (2) (w.e.f. 15-2-2024).
2. Subs. by s. 7, ibid., for sub-section (2) (w.e.f. 15-2-2024).
Section 43 Penalty for contravention of provisions of section 24.
1[43. Penalty for contravention of provisions of section 24.— Whoever contravenes the provisions of section 24, shall be liable to pay the penalty which shall not be less than ten thousand rupees, but which may extend to fifteen lakh rupees and where such contravention continues, he shall be liable to pay an additional penalty of ten thousand rupees every day during which such contravention continues.[
1 Subs. by Act 5 of 2021, s. 8, for section 43 and 44 (w.e.f. 15-2-2024).
Section 44 Penalty for contravention of section 25 or section 26.
1[Where for the purpose of grant of a consent in pursuance of the provisions of section 25 or section 26, the use of a meter or gauge or other measure or monitoring device is required and such device is used for the purposes of those provisions, any person who knowingly or wilfully alters or interferes with that device so as to prevent it from monitoring or measuring correctly shall be liable to pay penalty which shall not be less than ten thousand rupees, but which may extend to fifteen lakh rupees.]
1. Subs. by Act 5 of 2024, s. 8, for section 43 and 44 (w.e.f. 15-2-2024).
Section 45 Omitted.
Omitted by the Water (Prevention and Control of Pollution Amendment) Act , 2024 (5 of 2024), s. 9 (w.e.f. 15-2-2024).
Section 45A Penalty for contravention of certain provisions of the Act.
1[45A. Penalty for contravention of certain provisions of the Act.-- If any person contravenes any of the provisions of this Act or any order or direction issued thereunder, for which no penalty has been provided for in this Act, shall be liable to pay the penalty which shall not be less than ten thousand rupees, but which may extend to fifteen lakh rupees, and where such contravention continues, he shall be liable to pay an additional penalty which may extend to ten thousand rupees for every day during which such contravention continues.]
1. Subs. by Act 5 of 2024, s. 10, for section 45A (w.e.f. 15-2-2024).
Section 45B Adjudicating officer.
1[45B. Adjudicating officer.(1) The Central Government, for the purposes of determining the penalties under the provisions of this Act shall appoint an officer not below the rank of Joint Secretary to the Government of India or a Secretary to the State Government to be the adjudicating officer, to hold an inquiry and to impose the penalty in the manner, as may be prescribed:
Provided that the Central Government may appoint as many adjudicating officers as may be required.
(2) The adjudicating officer may summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document, which in the opinion of the adjudicating officer, may be useful for or relevant to the subject-matter of the inquiry and if, on such inquiry, he is satisfied that the person concerned has contravened the provisions of this Act, he may determine such penalty as he thinks fit under the provisions of this Act:
Provided that no such penalty shall be imposed without giving the person concerned an opportunity of being heard in the matter.
(3) The amount of penalty imposed under the provisions of sections 41, 41A, 42, 43, 44, 45A and 48, shall be in addition to the liability to pay relief or compensation under section 15 read with section 17 of the National Green Tribunal Act, 2010 (19 of 2010).]
Provided that the Central Government may appoint as many adjudicating officers as may be required.
(2) The adjudicating officer may summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document, which in the opinion of the adjudicating officer, may be useful for or relevant to the subject-matter of the inquiry and if, on such inquiry, he is satisfied that the person concerned has contravened the provisions of this Act, he may determine such penalty as he thinks fit under the provisions of this Act:
Provided that no such penalty shall be imposed without giving the person concerned an opportunity of being heard in the matter.
(3) The amount of penalty imposed under the provisions of sections 41, 41A, 42, 43, 44, 45A and 48, shall be in addition to the liability to pay relief or compensation under section 15 read with section 17 of the National Green Tribunal Act, 2010 (19 of 2010).]
1. Subs. by Act 5 of 2024, s. 10, for section 45A (w.e.f. 15-2-2024).
Section 45C Appeal.
145C. Appeal.-- (1) Any person aggrieved by the order passed by the adjudicating officer under section 45B may prefer an appeal to the National Green Tribunal established under section 3 of the National Green Tribunal Act, 2010 (19 of 2010).
(2) Every appeal under sub-section (1) shall be filed within sixty days from the date on which the copy of the order made by the adjudicating officer is received by the aggrieved person.
(3) The National Green Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such order as it thinks fit, confirming, modifying or setting aside the order appealed against.
(4) Where an appeal is preferred against any order of the adjudicating officer under sub-section (1), such appeal shall not be entertained by the Tribunal unless such person has deposited with the Tribunal ten per cent. of the amount of the penalty imposed by the adjudicating officer.]
(2) Every appeal under sub-section (1) shall be filed within sixty days from the date on which the copy of the order made by the adjudicating officer is received by the aggrieved person.
(3) The National Green Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such order as it thinks fit, confirming, modifying or setting aside the order appealed against.
(4) Where an appeal is preferred against any order of the adjudicating officer under sub-section (1), such appeal shall not be entertained by the Tribunal unless such person has deposited with the Tribunal ten per cent. of the amount of the penalty imposed by the adjudicating officer.]
1. Subs. by Act 5 of 2024, s. 10, for section 45A (w.e.f. 15-2-2024).
Section 45D Penalty amount to be credited to Environmental Protection Fund.
1[45D. Penalty amount to be credited to Environmental Protection Fund.--Where an adjudicating officer imposes penalty or additional penalty, as the case may be, under the provisions of this Act, the amount of such penalty shall be credited to the Environmental Protection Fund established under section 16 of the Environment (Protection) Act, 1986 (29 of 1986).]
1. Subs. by Act 5 of 2024, s. 10, for section 45A (w.e.f. 15-2-2024).
Section 45E Offences for failure to comply with provisions of section 25 or 26 and for failure to pay penalty.
@span1[@45E. Offences for failure to comply with provisions of section 25 or 26 and for failure to pay penalty.--(1) Whoever fails to comply with the provisions of section 25 or section 26, in respect of each such failure, shall be punishable with imprisonment for a term which shall not be less than one year and six months but which may extend to six years and with fine, and in case the failure continues, with an additional fine which may extend to fifty thousand rupees for every day during which such failure continues after the conviction for the first such failure.
@span(2) If the failure referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine.
@span(3) Where any person fails to pay the penalty or the additional penalty, as the case may be, imposed under the provisions of this Act within ninety days of such imposition, he shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to twice the amount of the penalty or additional penalty so imposed or with both.
@span(4) Where any offence under sub-section (1) or sub-section (2) or sub-section (3) has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of such offence and he shall be liable to be proceeded against and punished accordingly:
@spanProvided that nothing in this sub-section shall render any such person liable to any punishment provided in sub-section (1) or sub-section (2) or sub-section (3), if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
@span(5) Notwithstanding anything in sub-section (4), where an offence has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.--For the purposes of this section,--
(a) “company” includes body corporate, firm, trust, society and any other association of individuals;
(b) “director”, includes director of the company, partner of the firm, members of the society or trust or member of any association of individuals, as the case may be.]
@span(2) If the failure referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine.
@span(3) Where any person fails to pay the penalty or the additional penalty, as the case may be, imposed under the provisions of this Act within ninety days of such imposition, he shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to twice the amount of the penalty or additional penalty so imposed or with both.
@span(4) Where any offence under sub-section (1) or sub-section (2) or sub-section (3) has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of such offence and he shall be liable to be proceeded against and punished accordingly:
@spanProvided that nothing in this sub-section shall render any such person liable to any punishment provided in sub-section (1) or sub-section (2) or sub-section (3), if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
@span(5) Notwithstanding anything in sub-section (4), where an offence has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.--For the purposes of this section,--
(a) “company” includes body corporate, firm, trust, society and any other association of individuals;
(b) “director”, includes director of the company, partner of the firm, members of the society or trust or member of any association of individuals, as the case may be.]
1. Subs. by Act 5 of 2024, s. 10, for section 45A (w.e.f. 15-2-2024).
Section 46 Publication of names of offenders.
If any person convicted of an offence under this Act commits a like offence afterwards it shall be lawful for the court before which the second or subsequent conviction takes place to cause the offender's name and place of residence, the offence and the penalty imposed to be published at the offender's expense in such newspapers or in such other manner as the court may direct and the expenses of such publication shall be deemed to be part of the cost attending the conviction and shall be recoverable in the same manner as a fine.
Section 47 Omitted.
"47. Offences by companies."--Omitted by the Water (Prevention and Control of Pollution Amendment) Act, 2024 (5 of 2024), s. 11, (w.e.f. 15-2-2024)
Section 48 Penalty for contravention by Government Department.
1[48. Penalty for contravention by Government Department.-- (1) Where contravention of any provision of this Act has been committed by any Department of the Central Government or State Government, the Head of the Department shall be liable to pay the penalty equal to one month of his basic salary:
Provided that such Head of the Department shall not be liable for such contravention, if he proves that the contravention was committed without his knowledge or instructions or that he exercised all due diligence to prevent such contravention.
(2) Where any contravention under sub-section (1) is attributable to any neglect on the part of, any officer, other than the Head of the Department, such officer shall be liable to pay the penalty equal to one month of his basic salary: Provided that such officer shall not be liable for the contravention, if he proves that he exercised all due diligence to avoid such contravention.]
Provided that such Head of the Department shall not be liable for such contravention, if he proves that the contravention was committed without his knowledge or instructions or that he exercised all due diligence to prevent such contravention.
(2) Where any contravention under sub-section (1) is attributable to any neglect on the part of, any officer, other than the Head of the Department, such officer shall be liable to pay the penalty equal to one month of his basic salary: Provided that such officer shall not be liable for the contravention, if he proves that he exercised all due diligence to avoid such contravention.]
1. Subs. by Act 5 of 2024, s. 12, for section 48, (w.e.f. 15-2-2024)
Section 49 Cognizance of offences.
1 [(1) No court shall take cognizance of any offence under this Act except on a complaint made by--
(a) a Board or any officer authorised in this behalf by it; or
2[(aa) the adjudicating officer or any officer authorised by him in this behalf; or] (b) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Board or officer authorised as aforesaid,
and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.]
3 [(2) Where a complaint has been made under clause (b) of sub-section (1), the Board shall, on demand by such person, make available the relevant reports in its possession to that person:
Provided that the Board may refuse to make any such report available to such person if the same is, in its opinion, against the public interest.]
4 [(3)] Notwithstanding anything contained in 5 [section 29 of the Code of Criminal Procedure, 1973 (2 of 1974)], it shall be lawful for any 6 [Judicial Magistrate of the first class or for any Metropolitan Magistrate] to pass a sentence of imprisonment for a term exceeding two years or of fine exceeding two thousand rupees on any person convicted of an offence punishable under this Act.
(a) a Board or any officer authorised in this behalf by it; or
2[(aa) the adjudicating officer or any officer authorised by him in this behalf; or] (b) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Board or officer authorised as aforesaid,
and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.]
3 [(2) Where a complaint has been made under clause (b) of sub-section (1), the Board shall, on demand by such person, make available the relevant reports in its possession to that person:
Provided that the Board may refuse to make any such report available to such person if the same is, in its opinion, against the public interest.]
4 [(3)] Notwithstanding anything contained in 5 [section 29 of the Code of Criminal Procedure, 1973 (2 of 1974)], it shall be lawful for any 6 [Judicial Magistrate of the first class or for any Metropolitan Magistrate] to pass a sentence of imprisonment for a term exceeding two years or of fine exceeding two thousand rupees on any person convicted of an offence punishable under this Act.
1. Subs. by Act 53 of 1988, s. 26, for sub-section (1) (w.e.f. 29-9-1988).
2. Ins. by Act 5 of 2024, s. 13, (w.e.f. 15-2-2024).
3. Ins. by s. 26, ibid. (w.e.f. 29-9-1988).
4. Sub-section (2) renumbered as sub-section (3) thereof by s. 26, ibid. (w.e.f. 29-9-1988).
5 Subs. by Act 44 of 1978, s. 19, for "section 32 of the Code of Criminal Procedure, 1898 (5 of 1898)" (w.e.f. 12-12-1978).
6. Subs. by s. 19, ibid., for "Magistrate of the first class or for any Presidency Magistrate" (w.e.f. 12-12-1978).
2. Ins. by Act 5 of 2024, s. 13, (w.e.f. 15-2-2024).
3. Ins. by s. 26, ibid. (w.e.f. 29-9-1988).
4. Sub-section (2) renumbered as sub-section (3) thereof by s. 26, ibid. (w.e.f. 29-9-1988).
5 Subs. by Act 44 of 1978, s. 19, for "section 32 of the Code of Criminal Procedure, 1898 (5 of 1898)" (w.e.f. 12-12-1978).
6. Subs. by s. 19, ibid., for "Magistrate of the first class or for any Presidency Magistrate" (w.e.f. 12-12-1978).