Section 33A of The Water (Prevention and Control of Pollution) Act, 1974
1 [33A. Power to give directions.--Notwithstanding anything contained in any other law, but subject to the provisions of this Act, and to any directions that the Central Government may give in this behalf, a Board may, in the exercise of its powers and performance of its functions under this Act, issue any directions in writing to any person, officer or authority, and such person, officer or authority shall be bound to comply with such directions. Explanation.--For the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct--
- (a)the closure, prohibition or regulation of any industry, operation or process; or
- (b)the stoppage or regulation of supply of electricity, water or any other service.]
Summary
- The Board has the power to give written directions to any person, officer, or authority.
- Anyone who receives these directions is legally bound to follow them.
- These directions can include ordering a factory to close down or stop its operations.
- The Board can also direct that electricity or water supplies to an industry be stopped.
- Other services to a polluting process can also be regulated or stopped through these directions.
- This power is subject to any other rules in the Act and directions from the Central Government.
Practical examples
FAQ
1. Can the Board shut down a factory under Section 33A of The Water (Prevention and Control of Pollution) Act, 1974?
Yes, Section 33A of the Water Act explicitly includes the power to direct the closure, prohibition, or regulation of any industry or process.
2. Does a government officer have to follow Board orders under Section 33A of the Water Act?
Yes, Section 33A of the Water Act states that any person, officer, or authority is bound to comply with the Board's written directions.
3. Can the Board cut off my water supply under Section 33A of the Water Act?
Yes, Section 33A of the Water Act gives the Board power to direct the stoppage or regulation of the supply of water, electricity, or any other service.
4. Is there any limit to the Board's power to give directions under Section 33A of the Water Act?
Yes, the Board's power under Section 33A of the Water Act is subject to the provisions of the Act and any directions given by the Central Government.
Test yourself
Q1.Under Section 33A of The Water (Prevention and Control of Pollution) Act, 1974, which of these can the Board specifically direct?
Q2.Who is legally bound to comply with directions issued under Section 33A of the Water Act, 1974?
Q3.Under Section 33A of the Water Act, 1974, which utility can the Board direct to be stopped?
Q4.If a Board issues a direction under Section 33A that conflicts with a Central Government direction, what happens under the Water Act, 1974?