Sections 55 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.
The first six sections of Chapter VIII of the Water Act are short and practical. Local authorities must help the Board. Land needed by a State Board is treated as needed for a public purpose. Boards must give returns and reports to Governments. Civil courts cannot decide what an appellate authority can decide, and no court may grant an injunction against action taken under the Act. Good-faith action is protected, and the Act overrides inconsistent enactments.
This article is current as amended up to the Water (Prevention and Control of Pollution) Amendment Act, 2024 (these sections were not changed by it). Later amendments and notifications should be checked. If you need advice on how the Act interacts with other laws, see our legal consultation service.
Section 55: local authorities must help the Board and give it information and records. Section 56: land needed by a State Board is deemed needed for a public purpose and is acquired under the land acquisition law. Section 57: Boards furnish returns and reports on demand. Section 58: no civil court may decide a matter an appellate authority can decide, and no injunction may be granted against action under the Act. Section 59: good faith is protected. Section 60: the Act has overriding effect over inconsistent enactments other than itself.
Section 55: local authorities to assist
"All local authorities shall render such help and assistance and furnish such information to the Board as it may require for the discharge of its functions, and shall make available to the Board for inspection and examination such records, maps, plans and other documents as may be necessary for the discharge of its functions."
Municipalities, panchayats and other local authorities are therefore under a duty to assist. The duty covers help, information and access to records, maps, plans and documents "as may be necessary". Local authorities also have their own duty on accidents; see sections 30 to 32.
Section 56: compulsory acquisition of land
"Any land required by a State Board for the efficient performance of its functions under this Act shall be deemed to be needed for a public purpose and such land shall be acquired for the State Board under the provisions of the Land Acquisition Act, 1894 (1 of 1894), or under any other corresponding law for the time being in force."
Two features. The deeming settles the question of "public purpose" for land that a State Board needs. And the reference to "any other corresponding law for the time being in force" means the acquisition follows whichever land acquisition law is in force. The Act itself gives no compensation rules. The section applies only to a State Board, not to the Central Board.
Section 57: returns and reports
"The Central Board shall furnish to the Central Government, and a State Board shall furnish to the State Government and to the Central Board such reports, returns, statistics, accounts and other information with respect to its fund or activities as that Government, or, as the case may be, the Central Board may, from time to time, require."
The flow is upward: the Central Board to the Central Government; a State Board to its State Government and to the Central Board. It covers both money (fund) and work (activities). See also the annual report and audit provisions in sections 34 to 40.
Section 58: bar of jurisdiction
"No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an appellate authority constituted under this Act is empowered by or under this Act to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act."
This has two limbs.
- Civil courts and appellate matters. A civil suit cannot be used for a matter the appellate authority under section 28 can decide. The route for consent disputes is the appeal. See sections 28 and 29.
- No injunction. No court or "other authority" may grant an injunction in respect of action taken or to be taken under the Act. So a plant cannot obtain an injunction from a civil court to stop a Board from, for example, issuing a direction or taking a sample.
The section does not say anything about the National Green Tribunal's powers or an appeal to it under section 33B, which is the Act's own route. Compare the bar in section 22 of the EP Act, which bars civil courts from entertaining suits about anything done under that Act.
Section 59: protection of action taken in good faith
"No suit or other legal proceedings shall lie against the Government or any officer of Government or any member or officer of a Board in respect of anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder."
The protection covers the Government, Government officers, and Board members and officers. It is limited to things done or intended in good faith under the Act or rules. It does not protect an act outside the Act or one not in good faith.
Section 60: overriding effect
"The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act."
Where another enactment is inconsistent with the Water Act, the Water Act prevails. The words "other than this Act" are important: the section does not allow one part of the Water Act to override another. The section covers inconsistent "enactments", and is not a general repeal of other laws. A plant usually has to comply with the Water Act and other laws together, for example the Environment (Protection) Act and the Air Act, unless there is real inconsistency.
What this means in practice
| Section | Effect for a plant or adviser |
|---|---|
| 55 | Local authorities must give the Board help, information and records, which can include records about your area |
| 56 | A State Board's land needs are a public purpose; acquisition follows the land acquisition law in force |
| 57 | Boards report to Governments and the Central Board; those reports are a source of information |
| 58 | Use the appeal route; do not expect a civil suit or an injunction to stop Board action |
| 59 | Suits against Government officers and Board members for good-faith acts under the Act do not lie |
| 60 | The Water Act prevails over inconsistent enactments |
An example
Bhavani Steel Rolling Mills Limited receives a Board direction and considers asking a civil court for an injunction to stop it. Its counsel points to section 58: no injunction may be granted by any court or other authority in respect of action taken or to be taken under the Act, and civil courts cannot decide matters the appellate authority may decide. The company instead follows the statutory route and appeals, and considers a further appeal to the National Green Tribunal where the Act allows it.
Need help with how the Act interacts with other laws?
When a notice cites the Water Act alongside other laws, the question of which prevails and where to challenge matters. Our legal consultation team can help you map the sources of each requirement and the right forum for your challenge.
Key takeaways
- Local authorities must help the Board with assistance, information and records.
- Land needed by a State Board is deemed to be for a public purpose and acquired under the land acquisition law in force.
- Boards must furnish returns and reports to their Governments, and State Boards also to the Central Board.
- Civil courts cannot decide matters within an appellate authority's powers, and no injunction may be granted against action under the Act.
- Good-faith acts are protected, and the Act overrides inconsistent enactments other than itself.
Read next
- Sections 61 to 64: supersession of Boards and rule-making powers
- Sections 49 and 50: cognizance of offences and Board staff as public servants
- Sections 22 to 26 of the EP Act: bar of jurisdiction, other laws and rules
- Sections 28 and 29: appeal against consent orders
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.