Water Act explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Sections 41, 41A and 42 are the first penalty sections of Chapter VII. Section 41 deals with failure to comply with directions to furnish information under section 20. Section 41A deals with failure to comply with emergency orders under section 32, court directions under section 33 and Board directions under section 33A, including closure. Section 42 lists acts such as damaging Board property, obstructing the Board's people, failing to give information, not intimating an accident and making false statements.
This article is current as amended up to the Water (Prevention and Control of Pollution) Amendment Act, 2024 (in force from 15 February 2024 in Himachal Pradesh, Rajasthan and the Union territories, and in other States from the date they adopt it). Sections 41 and 41A were substituted, and section 42 was amended, by that Act. Later amendments and notifications should be checked. If you face a penalty proceeding, our legal dispute resolution team can help.
Where the 2024 Act applies, each contravention of section 20 directions (section 41), of section 32, 33(2) or 33A orders (section 41A) or any listed act in section 42 carries a penalty of not less than ten thousand rupees but up to fifteen lakh rupees, plus ten thousand rupees for every day it continues. In a State that has not adopted it, the earlier wording continues: imprisonment and fines on conviction, and imprisonment of up to six or seven years for failing a closure or emergency order. Check which applies in your State.
Which wording applies
The 2024 Act applies in the first instance to Himachal Pradesh, Rajasthan and the Union territories, and to any other State that adopts it by resolution under article 252(1). See section 1. Check whether your State has adopted it.
Section 41: failure to comply with section 20 directions (2024 text)
Section 41(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."
Section 41(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."
See sections 19 and 20.
In a State that has not adopted the 2024 Act, the earlier wording continues. Section 41(1) provided that whoever failed to comply with a direction under section 20(2) or (3) within the time specified was, on conviction, punishable with imprisonment for a term which may extend to three months or with fine which may extend to ten thousand rupees or with both, and, in case the failure continued, with an additional fine which may extend to five thousand rupees for every day the failure continued after the conviction for the first such failure.
Section 41A: failure to comply with section 32, 33 or 33A (2024 text)
Section 41A(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."
Section 41A(2). An additional penalty of ten thousand rupees every day during which the contravention continues.
The covered orders are: restraining orders in an emergency under section 32(1)(c); directions of a court on the Board's application under section 33(2); and written directions of a Board under section 33A, including closure and stoppage of services. See sections 30 to 32 and sections 33 to 33B.
In a State that has not adopted the 2024 Act, the earlier wording continues. The earlier section 41(2) provided that whoever failed to comply with such an order or direction was, on conviction, punishable in respect of each failure 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 continued, with an additional fine which may extend to five thousand rupees for every day the failure continued after conviction. Under the earlier section 41(3), if the failure continued beyond one year after the date of conviction, the offender was 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 42: penalty for certain acts (2024 text)
Section 42(1). Whoever:
| Clause | Act |
|---|---|
| (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 |
| (b) | Obstructs any person acting under the orders or directions of the Board from exercising his powers and performing his functions under the Act |
| (c) | Damages any works or property belonging to the Board |
| (d) | Fails to furnish to any officer or other employee of the Board any information required by him for the purpose of the Act |
| (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 |
| (f) | In giving any information he is required to give under the Act, knowingly or wilfully makes a statement which is false in any material particular |
| (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 |
"shall be liable to pay penalty which shall not be less than ten thousand rupees, but which may extend to fifteen lakh rupees."
Section 42(2). Where any person continues contravention or non-compliance under section 42(1), additional penalty of ten thousand rupees every day during which it continues.
In a State that has not adopted the 2024 Act, the earlier wording continues. The same seven acts were punishable with imprisonment for a term which may extend to three months or with fine which may extend to ten thousand rupees or with both. The earlier section 42(2) separately made it punishable, on the same terms, to alter or interfere with a meter, gauge or monitoring device used for consent so as to prevent it measuring correctly. Under the 2024 text, that act is dealt with in section 44.
Side by side
| Section | Where the 2024 Act applies | Where it has not been adopted |
|---|---|---|
| 41 (section 20 directions) | Penalty: ten thousand to fifteen lakh rupees for each contravention; ten thousand rupees a day | Conviction: up to three months or fine up to ten thousand rupees or both; additional fine up to five thousand rupees a day |
| 41A / earlier 41(2)-(3) (sections 32, 33(2), 33A) | Penalty: ten thousand to fifteen lakh rupees for each contravention; ten thousand rupees a day | Conviction: one year six months to six years and fine; up to seven years and fine if the failure continues beyond one year |
| 42 (listed acts) | Penalty: ten thousand to fifteen lakh rupees; ten thousand rupees a day | Conviction: up to three months or fine up to ten thousand rupees or both |
Who decides and the other consequences
Where the 2024 Act applies, penalties are imposed by an adjudicating officer after an inquiry, with an appeal to the National Green Tribunal, as explained in sections 45A to 45D. Section 45B(3) says that a penalty under sections 41, 41A, 42, 43, 44, 45A and 48 is in addition to the liability to pay relief or compensation under the National Green Tribunal Act, 2010.
An example
Yamuna Fabrics Private Limited, in a State where the 2024 Act applies, does not respond by the date in a section 20(3) direction and stays silent for twelve days. The adjudicating officer treats this as a contravention under section 41(1), with the additional penalty of section 41(2), and fixes the amount within the printed range. In a State that has not adopted the 2024 Act, the same failure would be dealt with on conviction under the earlier section 41(1).
Need help with a penalty proceeding?
The same facts can lead to a civil penalty in one State and a prosecution in another. Our legal dispute resolution team can help you establish which regime applies, prepare your response and consider an appeal.
Key takeaways
- Sections 41, 41A and 42 were substituted or amended by the 2024 Act, which applies only in the States and Union territories described in its section 1.
- Where it applies: penalty of ten thousand to fifteen lakh rupees for each contravention, plus ten thousand rupees a day.
- Where it does not: the earlier imprisonment and fine wording continues.
- Section 41 covers section 20 directions, section 41A covers section 32, 33(2) and 33A orders, and section 42 covers listed acts including false statements and obstruction.
- Penalties are in addition to relief or compensation under the NGT Act.
Read next
- Sections 43 to 45: penalties for sections 24, 25 and 26
- Sections 45A to 45D: adjudicating officer, appeal and the Fund
- Sections 45E to 48: offences and Government Departments
- Water Inquiry and Penalty Rules, 2024
Disclaimer: Based on the Environment (Protection) Act, 1986, the Air (Prevention and Control of Pollution) Act, 1981 and the Public Liability Insurance Act, 1991 as amended by the Jan Vishwas (Amendment of Provisions) Act, 2023 (in force for these Acts from 1 April 2024), the Water (Prevention and Control of Pollution) Act, 1974 as amended by its Amendment Act of 2024 (which applies only in the States and Union territories it names and in States that adopt it), and the National Green Tribunal Act, 2010 as amended by the Tribunals Reforms Act, 2021, as consulted on 3 October 2026. Later amendments, rules and notifications should be checked. This article is general information, not legal advice; check the official text before acting.