Section 24 Water Act: Prohibition on use of stream or well for disposal of...

Section 24: Prohibition on use of stream or well for disposal of polluting matter, etc

(1) Subject to the provisions of this section,—

(a) no person shall knowingly cause or permit any poisonous, noxious or polluting matter determined in accordance with such standards as may be laid down by the State Board to enter (whether directly or indirectly) into any ¹[stream or well or sewer or on land]; or

(b) no person shall knowingly cause or permit to enter into any stream any other matter which may tend, either directly or in combination with similar matters, to impede the proper flow of the water of the stream in a manner leading or likely to lead to a substantial aggravation of pollution due to other causes or of its consequences.

(2) A person shall not be guilty of an offence under sub-section (1), by reason only of having done or caused to be done any of the following acts, namely:—

(a) constructing, improving or maintaining in or across or on the bank or bed of any stream any building, bridge, weir, dam, sluice, dock, pier, drain or sewer or other permanent works which he has a right to construct, improve or maintain;

(b) depositing any materials on the bank or in the bed of any stream for the purpose of reclaiming land or for supporting, repairing or protecting the bank or bed of such stream provided such materials are not capable of polluting such stream;

(c) putting into any stream any sand or gravel or other natural deposit which has flowed from or been deposited by the current of such stream;

(d) causing or permitting, with the consent of the State Board, the deposit accumulated in a well, pond or reservoir to enter into any stream.

(3) The State Government may, after consultation with, or on the recommendation of, the State Board, exempt, by notification in the Official Gazette, any person from the operation of sub-section (1) subject to such conditions, if any, as may be specified in the notification and any condition so specified may by a like notification be altered, varied or amended.

Footnotes in the official text

1.Subs. by Act 53 of 1988, s. 11, for “stream or well” (w.e.f. 29-9-1988).

Questions on this section

1 question in 2 of our papers cite Section 24. Try these from the free papers:

1. Statement: Section 24(1) of the Water (Prevention and Control of Pollution) Act, 1974 bars any person from knowingly causing or permitting poisonous, noxious or polluting matter to enter any stream, well or sewer or on land. Under Section 24(2), a person is not liable under sub-section (1) by reason only of depositing materials on the bank of a stream to support or protect it, provided the materials are not capable of polluting the stream, or of putting into a stream sand or gravel that has been deposited by its current. Conclusions: I. A, who puts back into a stream sand and gravel that its own current had deposited, is not liable under Section 24(1) by reason only of that act. II. B, who deposits on the bank of a stream materials that are capable of polluting it in order to protect the bank, is covered by Section 24(2). Which of the conclusions follow(s) from the statement?