Offences and Penalties
Chapter VII (Sections 41 – 48) of the Act defines activities that are considered offences under the Act and provides details of penalties to be awarded to a person committing such offences.
Provided below is a table listing out such activities, the penalty upon conviction, and penalty for a subsequent offence of a similar nature.
The amending Act of 1988 provided for making the penalties under the Act stricter than prescribed under the original Act, to bring them at par with the punishments prescribed in the Air (Prevention and Control of Pollution) Act of 1981 (and as amended in 1987).
Useful links accompanying the table of offences below include ‘Offences by companies’ and ‘Offences by government departments’ which describe who is held responsible for the commission of an offence under the Act, in these cases.
Offence |
Penalty |
Penalty for subsequent offence or continual of offence |
Failure to comply with directions |
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Furnishing of information A state board may give directions requiring any person to furnish information regarding the abstraction of water or discharge of sewage/effluent, who in its opinion is:
Such information should be given in the form that is specified in the directions. Failure to comply with such direction amounts to an offence under the Act. Section 20.2 |
Imprisonment for a term which may extend to three months, or with fine which may extend to ten thousand rupees, or both. Section 41.1 |
Additional fine which may extend to five thousand rupees for every day during which such failure continues after the conviction for the first such failure. Section 41.1 If a person convicted of an offence under this Act commits a like offence, 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. The expenses of such publication shall be deemed to be part of the cost attending the conviction and is recoverable in the same manner as a fine. Section 46 |
Furnishing of information A state board may give directions to any person in charge of any establishment - where any industry, operation or process, or treatment and disposal system is present - requiring him to furnish information regarding the construction, installation or operation of such establishment, or of any disposal system, or any extension/addition to such establishment or system and other particulars as are required. Failure to comply with such direction amounts to an offence under the Act. Section 20.3 |
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A board may issue directions in writing to any person, officer or authority, for:
Failure to comply with such direction amounts to an offence under the Act. Section 33.A |
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. Section 41.2 |
Additional fine which may extend to five thousand rupees for every day during which such failure continues after the conviction for the first such failure. Section 41.2 If the failure 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. Section 41.3 If a person convicted of an offence under this Act commits a like offence, 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. The expenses of such publication shall be deemed to be part of the cost attending the conviction and is recoverable in the same manner as a fine. Section 46 |
Failure to comply with orders |
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Where it appears to the state board that any poisonous, noxious or polluting matter is present in any stream, well or on land due to
accident or other unforeseen act or event It may issue immediate orders restraining or prohibiting the persons Failure to comply with such order amounts to an offence under the Act. Section 32.1.c |
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. Section 41.2
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Additional fine which may extend to five thousand rupees for every day during which such failure continues after the conviction for the first such failure. Section 41.2 If the failure 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. Section 41.3 If a person convicted of an offence under this Act commits a like offence, 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. The expenses of such publication shall be deemed to be part of the cost attending the conviction and is recoverable in the same manner as a fine. Section 46 |
When a state board apprehends that water in a stream or well is likely to be polluted, it may make an application to a court, not inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class, for restraining the person who is likely to cause such pollution. The Court then makes such order as it deems fit. Failure to comply with such order amounts to an offence under the Act. Section 33.2 |
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Acts to be considered offences |
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Destroying, pulling down, removing or defacing 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 a state, central or joint board. Section 42.1.a |
Imprisonment which may extend for a term which may extend to three months or with fine which may extend to ten thousand rupees or with both. Section 42.2 |
(not specified in the Act) If a person convicted of an offence under this Act commits a like offence, 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. The expenses of such publication shall be deemed to be part of the cost attending the conviction and is recoverable in the same manner as a fine. Section 46 |
Obstructing any person acting under the orders or directions of the state, central or joint board from exercising his powers and performing his functions under the Act. Section 42.1.b |
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Damaging any works or property belonging to the state, central or joint board. Section 42.1.c |
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Failing to furnish any information required by any officer or employee if the board. Section 42.1.d |
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Failing to intimate the occurrence of any accident or other unforeseen act or event to the board (or other authorities or agencies as required under that section (31)) by the person in charge of an industry, operation or process, or a place where treatment and disposal of trade effluent is carried out. This also applies to any local authority operating a sewerage system or sewage works. Section 42.1.e and 31 |
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Willfully or knowingly making a false statement to a board or authority/agency where required to furnish information under the provisions of the Act. Section 42.1.f |
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Willfully or knowingly making a false statement to a board while seeking consent from a board for new/altered outlets or discharges or for continued use of existing systems. Section 42.1.g and 25, 26 |
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Knowingly causing or permitting any poisonous, noxious or polluting matter determined in accordance with standards laid down by the state board to enter (whether directly or indirectly) into any stream, well, sewer or on land. Section 43 and 24.1.a |
Imprisonment for a term which shall not be less than one year and six months but which may extend to six years with fine. Section 43 and 44 |
On the second and every subsequent conviction, imprisonment for a term which shall not be less than two years but may extend to seven years and with fine. However, no cognizance is taken of any conviction made more than two years before the commission of the offence for which the person is being punished. Section 45 If a person convicted of an offence under this Act commits a like offence, 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. The expenses of such publication shall be deemed to be part of the cost attending the conviction and is recoverable in the same manner as a fine. Section 46 |
Knowingly causing or permitting to enter into any stream any other matter (apart from that described above) which may tend, either directly or in combination with similar matters, to impede the proper flow of the water of the stream in a manner leading or likely to lead to a substantial aggravation of pollution due to other causes or of its consequences. Section 44 and 24.1.b |
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Establishing or taking any steps to establish any industry, operation or process, or any treatment and disposal system or an extension or addition of such system, which is likely to discharge sewage or trade effluent into a stream, well, sewer or on land, without the previous consent of the state board. Section 44 and 25.1.a |
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Bringing into use any new or altered outlets for the discharge of sewage without the previous consent of the state board. Section 44 and 25.1.b |
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Begin to make any new discharge of sewage without the previous consent of the state board, except when steps to establish an industry, process, etc. were taken immediately before the commencement of this Act; the person may continue such process for three months after applying for the grant of consent or until the disposal of such proposal. Section 44 and 25.1.c |
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Continuing to use existing systems of discharge of sewage or effluent, i.e. discharge of sewage or effluent into a stream, well, sewer or on land (which was in use before the commencement of the Act), without obtaining or applying for grant of consent of the state board within the time specified by the state government by notification in the official gazette. Where the person has applied for the grant of consent, he may continue to use such a system where he has applied for the grant of consent, until the disposal of such proposal. Section 44 and 26 |
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Contravention of other provisions of the Act |
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All other activities which contravene any of the provisions of the Act, including failure to comply with any order or direction, not mentioned in the offences above. Section 45-A |
Imprisonment which may extend to three months or with fine which may extend to ten thousand rupees or with both. Section 45-A |
Additional fine which may extend to five thousand rupees for every day during which such contravention or failure continues after conviction for the first such contravention or failure. Section 45-A |
Offences by companies
Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was 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 the offence and shall be liable to be proceeded against and punished accordingly. However, such person will not be liable to any punishment
provided in this Act 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.
Where an offence under this Act 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.
Section 47
Offences by government departments
Where an offence under this Act has been committed by any government department, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against
and punished accordingly. However, such Head of Department will not be liable to any punishment 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.
Section 48
No suit or other legal proceedings shall lie against the government or any officer of government or any member or officer of a board in respect of anything which is in good faith done or intended to be done in pursuance of this Act or the rules made under the Act.
Section 59