PENALTIES AND PROCEDURECentral

Section 42 of The Water (Prevention and Control of Pollution) Act, 1974

(1)Whoever--
1. (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
2. (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
3. (c)damages any works or property belonging to the Board, or
4. (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
5. (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
6. (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
7. (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.].

Summary

This section punishes anyone who removes or damages markers and signs put up by the Water Board.
It penalizes people who block Board officials or employees from doing their legal work.
It sets a fine for failing to provide information that is required by the Water Act.
It punishes those who do not report accidents or sudden events that might pollute water sources.
It covers penalties for knowingly giving false statements to get permissions or during surveys.
The penalty ranges from ten thousand rupees to fifteen lakh rupees, which is fifteen hundred thousand.

Practical examples

1Ramesh pulls a wooden survey stake out of the ground that was placed by Board officers to mark a sampling spot. He is now liable to pay a fine under the water pollution law.

2A factory owner named Sunita refuses to let a Board inspector enter her premises to check a waste pipe. She faces a minimum penalty of ten thousand rupees for obstructing an official.

3An industrial plant has a sudden tank leak on July 5th. The manager fails to tell the Board about this accident and is later fined for staying silent.

FAQ

1. What happens if I accidentally knock down a Water Board notice under Section 42 of The Water (Prevention and Control of Pollution) Act, 1974?

Under Section 42 of the Water Act, damaging or removing a notice put up by the Board is a violation that can lead to a penalty between ten thousand and fifteen lakh rupees.

2. Can I be fined for lying on my application for a discharge permit according to the 1974 Water Act?

Yes, Section 42 of The Water (Prevention and Control of Pollution) Act, 1974, specifically penalizes making statements that are false in any important detail to get consent for waste disposal.

3. Is there a daily fine for continuing to block Board officials under the Water Act?

Yes, Section 42 of The Water (Prevention and Control of Pollution) Act, 1974, states that if the obstruction or violation continues, an additional penalty of ten thousand rupees can be charged for every day it lasts.

Test yourself

Q1.Under Section 42 of The Water (Prevention and Control of Pollution) Act, 1974, which of these actions would lead to a penalty?

Q2.If a person continues to provide false information after being caught under Section 42 of the Water Act, what is the daily additional penalty?

Q3.According to Section 42 of The Water (Prevention and Control of Pollution) Act, 1974, what is the maximum one-time penalty for obstructing a Board official?

Q4.Which other section's requirements are linked to a penalty in Section 42 of The Water (Prevention and Control of Pollution) Act, 1974?

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