Rules 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 Water (Prevention and Control of Pollution) (Manner of Holding Inquiry and Imposition of Penalty) Rules, 2024 are the procedure for the adjudicating officer appointed under section 45B of the Water Act, 1974. They govern a complaint, a show cause notice, the inquiry and the order. They rest on the Water (Prevention and Control of Pollution) Amendment Act, 2024, so they operate only where that Act applies.
These Rules are current as amended up to their notification in 2024 (G.S.R. 696(E), 11 November 2024); no amendment found to 3 October 2026. Later amendments and notifications should be checked. If you have been served with a notice under the Water Act, see our legal dispute resolution service.
A complaint in Form I may be made to the adjudicating officer for contraventions of sections 41, 41A, 42, 43, 44, 45A and 48 of the Water Act (rule 3). A Form II show cause notice issues within thirty days, giving at least fifteen days to reply; the proceeding is to be completed within six months (rule 4). Penalties go to the Environment Protection Fund (rule 7). The Rules apply where the 2024 Amendment Act applies.
Where these Rules apply
The adjudicating officer under section 45B was introduced by the 2024 Amendment Act. That Act applies in Himachal Pradesh, Rajasthan and the Union territories, and in any other State that adopts it. The Rules therefore operate only in those areas. In a State where the Amendment Act has not been adopted, the earlier penalty provisions of the Water Act apply and there is no adjudication under section 45B. Check the position for your State from the Act's explanation in sections 45A to 45D of the Water Act; this series does not list States.
Rules 1 and 2: title, power and definitions
The Rules were made by G.S.R. 696(E) of 11 November 2024 under clause (ma) of section 63(2) of the Water Act and came into force on publication in the Gazette. "Adjudicating officer" means an officer appointed under section 45B; "form" means a form appended to the Rules. Words not defined carry the Act's meanings.
Rule 3: the complaint
The Central Pollution Control Board, State Pollution Control Boards, Pollution Control Committees and Integrated Regional Offices of the Ministry of Environment, Forest and Climate Change, in their jurisdictions through authorised officers, "or any other persons", may file a complaint in Form I with the adjudicating officer "through electronic means or speed post or by hand".
The complaint must concern a contravention under sections 41, 41A, 42, 43, 44, 45A and 48 of the Act. In the sister articles, sections 41 and 42 cover failure to comply with directions and penalty for certain acts, sections 43 to 45 cover contraventions of sections 24 to 26 and interference with a monitoring device, and section 48 covers Government Departments. Unlike the Air list, this one includes sections 41A and 44.
Form I carries the complainant's particulars, the date, time and instance of the alleged contravention, a statement of the contravention, supporting evidence and a tentative amount of damage in pecuniary terms with a cost break-up.
Rule 4: holding the inquiry
| Sub-rule | Step |
|---|---|
| (1) | Within thirty days of receipt of the complaint the officer issues a Form II notice to show cause, in a period stated in the notice (not less than fifteen days from service), why an inquiry should not be held |
| (2) | The notice indicates the nature of the contravention alleged |
| (3) | If an inquiry is thought necessary after considering the cause shown, a notice requires appearance, personally or through a duly authorised legal representative |
| (4) | On the date fixed the officer explains the contravention and the provision of the Act |
| (5) | The person may produce documents or evidence under Form III; the officer is not bound by the Bharatiya Sakshya Adhiniyam, 2023 |
| (6) | The officer may require and enforce attendance of persons acquainted with the facts and production of documents |
| (7) | If the person does not appear, the officer may proceed after recording reasons |
| (8) | If satisfied that the contravention is committed, the officer may by written order impose such penalty under the Act as he considers reasonable |
| (9) | The order specifies the provision of the Act and contains reasons |
| (10) | Copies of the order and proceedings are supplied without charge to the complainant and the person proceeded against |
| (11) | The proceeding is completed within six months from issuance of the notice |
| (12) | Service is by delivery or tender, electronic means, registered or speed post to the residence or business address, or by affixing at the premises |
Rules 5 to 7: transfer, extension and order
- Rule 5: where the officer has no jurisdiction, the matter is transferred to the adjudicating officer concerned within fifteen days of receipt, after reasons are recorded in writing; the receiving officer proceeds from the stage of transfer.
- Rule 6: the officer may, for reasons recorded in writing where there is reasonable cause for the delay or failure to act, extend any period specified in the Rules "till such period as he considers reasonable".
- Rule 7: every order is dated, signed and communicated to all parties, and all sums realised by way of penalties are credited to the Environment Protection Fund established under section 16 of the EP Act. The payment rules are in rules 1 to 5 of the Environmental (Protection) Fund Rules, 2026.
Comparison with the Air and EP Rules
| Point | Water Rules | Air Rules | EP Rules |
|---|---|---|---|
| Power to make | Section 63(2)(ma) of the Water Act | Section 53(1)(h) of the Air Act | Sections 6 and 25 of the EP Act |
| Adjudicating officer | Section 45B | Section 39A | Section 15C |
| Sections complained of | 41, 41A, 42, 43, 44, 45A, 48 | 37, 38, 38A, 39 | 7, 8, 9, 10, 11 |
| Where operative | Where the 2024 Amendment Act applies | Throughout the Act | Throughout the Act |
| Penalty factors rule | None | None | Rule 6 |
| Rules in total | Seven | Seven | Eight |
For the other two sets, see the Air Rules and the EP Rules in rules 1 to 4.
Practical steps
- Confirm that the 2024 Amendment Act applies in your State before assuming the Rules govern the matter.
- Read the Form II notice for the section of the Water Act named.
- Diarise the reply date, which runs from service, and watch the email address you gave to the Board.
- Gather consent conditions, discharge monitoring results and treatment plant logs for the evidence stage under Form III.
- Seek copies of the order and proceedings, supplied without charge.
- Plan the appeal under section 45C of the Act, which the sister article explains, with its deposit.
Example
A dairy, Vaigai Dairies Limited, operating in a State where the 2024 Amendment Act applies, receives a Form II notice on a complaint by the State Board that it discharged effluent without consent. The notice gives twenty days to show cause. The company files a reply and Form III with its consent application history and monitoring data. After a hearing the officer passes a dated and signed order, giving the section and reasons, and communicates it to both sides within the six months.
Need help with a Water Act notice?
The first question is whether the 2024 machinery applies, and the second is what evidence answers the notice. Our legal dispute resolution team can help you answer the show cause notice, prepare evidence and appear at the hearing.
Key takeaways
- The Rules prescribe complaint, show cause, inquiry and order for penalties under section 45B.
- They operate where the 2024 Amendment Act applies; this series does not list States.
- Complaints cover sections 41, 41A, 42, 43, 44, 45A and 48 and may come from regulators or any other persons.
- Thirty days for the notice, at least fifteen days to reply, six months to finish.
- Penalties are credited to the Environment Protection Fund.
Read next
- Air Inquiry and Penalty Rules 2024: adjudicating officer procedure under the Air Act
- Rules 5-8 of the EP Inquiry and Penalty Rules: penalty factors, extension and order
- Sections 45A to 45D of the Water Act: residuary penalty, adjudicating officer and appeal
- Sections 43 to 45 of the Water Act: penalties for sections 24, 25 and 26
Disclaimer: Based on the environment rules, guidelines and notifications named above as published in the Gazette of India, read with every amendment notified up to 3 October 2026 that the article names (consolidated reading texts from the CPCB 2021 compilation and the Goa State Pollution Control Board 2025 compilation were checked against the amending notifications), as consulted on 3 October 2026. Later amendments, CPCB guidelines, State Board orders and fees should be checked. This article is general information, not legal advice; check the official text before acting.