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 45A to 45D are the heart of the 2024 penalty scheme. Section 45A is the residuary penalty for any contravention that no other section penalises. Section 45B appoints an adjudicating officer to hold an inquiry and impose penalties. Section 45C gives an appeal to the National Green Tribunal, within sixty days and with a deposit of ten per cent. Section 45D sends penalties to the Environmental Protection Fund under the Environment (Protection) Act, 1986.
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). Section 45A was substituted and sections 45B to 45D were inserted by that Act. Later amendments and notifications should be checked. If you face an inquiry, our legal dispute resolution team can help.
Section 45A: any contravention of the Act or of an order or direction for which no penalty has been provided carries a penalty of not less than ten thousand rupees but up to fifteen lakh rupees, plus an additional penalty that may extend to ten thousand rupees a day. Section 45B: an adjudicating officer (not below Joint Secretary to the Government of India or Secretary to a State Government) holds the inquiry, with a hearing. Section 45C: appeal to the NGT within sixty days, with ten per cent of the penalty deposited. Section 45D: penalties go to the Environmental Protection Fund.
Where these sections apply
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. This series does not list States.
Section 45A: the residuary penalty
"If any person contravenes any of the provisions of this Act or any order or direction issued thereunder, for which no penalty has been provided for in this Act, shall be liable to pay the penalty which shall not be less than ten thousand rupees, but which may extend to fifteen lakh rupees, and where such contravention continues, he shall be liable to pay an additional penalty which may extend to ten thousand rupees for every day during which such contravention continues."
Note the difference from the daily penalties in sections 41 to 43: here the additional penalty "may extend to" ten thousand rupees a day, so it is a ceiling, not a fixed figure.
In a State that has not adopted the 2024 Act, the earlier wording continues: section 45A provided that whoever contravened any provision of the Act or failed to comply with any order or direction, for which no penalty was elsewhere provided, was punishable with imprisonment which may extend to three months or with fine which may extend to ten thousand rupees or with both, and, in the case of a continuing contravention, with an additional fine which may extend to five thousand rupees for every day it continued after conviction for the first contravention. Sections 45B to 45D have no earlier counterpart.
Section 45B: the adjudicating officer
Section 45B(1). The Central Government, for determining penalties, "shall appoint an officer not below the rank of Joint Secretary to the Government of India or a Secretary to the State Government to be the adjudicating officer, to hold an inquiry and to impose the penalty in the manner, as may be prescribed". The proviso lets it appoint as many adjudicating officers as required.
Section 45B(2). The officer "may summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document, which in the opinion of the adjudicating officer, may be useful for or relevant to the subject-matter of the inquiry". If, on the inquiry, he is satisfied that the person has contravened the Act, "he may determine such penalty as he thinks fit under the provisions of this Act". The proviso: "no such penalty shall be imposed without giving the person concerned an opportunity of being heard in the matter."
Section 45B(3). The penalty under sections 41, 41A, 42, 43, 44, 45A and 48 "shall be in addition to the liability to pay relief or compensation under section 15 read with section 17 of the National Green Tribunal Act, 2010".
The manner of the inquiry is prescribed. It is in the Water Inquiry and Penalty Rules, 2024, explained in the sister article on the Water inquiry and penalty rules. This article does not describe them.
Two differences from the Environment (Protection) Act should be noted. The Water Act text of section 45B prints no list of factors for fixing the amount, while section 15C(4) of the EP Act prints six; compare sections 15C and 15D of the EP Act. And the officer's power here is expressed as a power to summon and enforce attendance.
Section 45C: appeal to the National Green Tribunal
| Sub-section | Rule |
|---|---|
| (1) | Any person aggrieved by the order passed by the adjudicating officer under section 45B may prefer an appeal to the National Green Tribunal under section 3 of the NGT Act, 2010 |
| (2) | The appeal must be filed within sixty days from the date on which the copy of the order is received by the aggrieved person |
| (3) | The Tribunal, after hearing the parties, may pass such order as it thinks fit, confirming, modifying or setting aside the order appealed against |
| (4) | The appeal will not be entertained "unless such person has deposited with the Tribunal ten per cent. of the amount of the penalty imposed by the adjudicating officer" |
The clock runs from receipt of the copy of the order, and the deposit is a condition of entertaining the appeal. See also section 18 of the NGT Act and our guide to the NGT appeal process.
Section 45D: where the money goes
"Where an adjudicating officer imposes penalty or additional penalty, as the case may be, under the provisions of this Act, the amount of such penalty shall be credited to the Environmental Protection Fund established under section 16 of the Environment (Protection) Act, 1986 (29 of 1986)."
Penalties under the Water Act therefore go to the Fund set up under the EP Act, not to the Board. The Fund, its use and its accounts are explained in sections 15E, 15F and 16 to 16B of the EP Act. Do not confuse it with a Board's own fund under sections 36 and 37.
How the pieces fit
| Step | Section |
|---|---|
| Contravention of the Act, order or direction with no other penalty | 45A |
| Appointment of adjudicating officer and inquiry with hearing | 45B(1), (2) |
| Penalty fixed within the printed range | Sections 41 to 45A and 48 |
| Penalty in addition to NGT relief or compensation | 45B(3) |
| Appeal to the NGT within sixty days, with ten per cent deposit | 45C |
| Crediting of the penalty | 45D |
| Failure to pay within ninety days | 45E(3); see sections 45E to 48 |
Practical points
- Attend and produce documents. The officer may summon witnesses and documents.
- Insist on the hearing. No penalty may be imposed without an opportunity of being heard.
- Diarise sixty days from receipt of the order and plan the ten per cent deposit.
- Remember the add-on. The penalty does not discharge a separate claim for relief or compensation under the NGT Act.
An example
Vaigai Dairies Limited, in a State where the 2024 Act applies, fails to comply with a Board order for which the Act provides no specific penalty. The adjudicating officer hears the company and imposes a penalty under section 45A. The company deposits ten per cent of the amount with the Tribunal and appeals within sixty days of receiving the order.
Need help with an adjudication?
A penalty inquiry is decided on the record you build. Our legal dispute resolution team can help you prepare for the hearing, plan the deposit and file an appeal on time.
Key takeaways
- Section 45A is the residuary penalty: ten thousand to fifteen lakh rupees, with an additional penalty that may extend to ten thousand rupees a day.
- Section 45B provides for an adjudicating officer, with powers to summon and a bar on penalty without a hearing.
- Section 45C allows appeal to the NGT within sixty days of receiving the order, on deposit of ten per cent of the penalty.
- Section 45D credits penalties to the Environmental Protection Fund under the EP Act.
- In a State that has not adopted the 2024 Act, section 45A continues in its earlier form of imprisonment or fine on conviction, and sections 45B to 45D do not apply.
Read next
- Sections 41 and 42: penalties for non-compliance and certain acts
- Sections 45E to 48: offences and Government Departments
- Sections 15C and 15D of the EP Act: adjudicating officer and appeal
- 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.