PENALTIES AND PROCEDURECentral

Section 50 of The Water (Prevention and Control of Pollution) Act, 1974

All members, officers and servants of a Board when acting or purporting to act in pursuance of any of the provisions of this Act and the rules made thereunder shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

Summary

All members and employees of a Board are legally considered public servants.
This status is defined according to Section 21 of the Indian Penal Code.
It applies whenever they are acting, or intending to act, under the Water Act or its rules.
This status provides them with the legal standing and protections afforded to government officials.

Practical examples

1When Rahul, an inspector, enters a factory to take samples under Section 21 on March 15, 2026, he is treated as a public servant. If the factory owner threatens him, the owner can be charged with obstructing a public servant.

2A Board member reviewing an application for consent on July 20, 2025, is acting as a public servant under Section 50, meaning any attempt to bribe them would be an offence against a public servant.

FAQ

1. Are employees of the Pollution Control Board considered public servants under The Water (Prevention and Control of Pollution) Act, 1974?

Yes, Section 50 of the Water Act, 1974 states that all members, officers, and servants of the Board are deemed to be public servants.

2. Which section of the Indian Penal Code is referred to in Section 50 of the Water (Prevention and Control of Pollution) Act, 1974?

Section 50 of the Water Act, 1974 refers to Section 21 of the Indian Penal Code (45 of 1860).

3. Does the public servant status in Section 50 of the Water Act apply when an officer is off duty?

No, Section 50 of the Water (Prevention and Control of Pollution) Act, 1974 applies when they are acting or purporting to act in pursuance of the Act or its rules.

Test yourself

Q1.Under Section 50 of The Water (Prevention and Control of Pollution) Act, 1974, who is considered a public servant?

Q2.Which law defines the meaning of public servant for Section 50 of The Water (Prevention and Control of Pollution) Act, 1974?

Q3.When does the public servant status apply to a Board officer under Section 50 of The Water (Prevention and Control of Pollution) Act, 1974?

Q4.If an officer is taking a sample under Section 21, how does Section 50 of The Water (Prevention and Control of Pollution) Act, 1974 assist them?

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