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Section 25 – The Water (Prevention and Control of Pollution) Act, 1974

The Water (Prevention and Control of Pollution) Act, 1974

 

26. Provision regarding existing discharge of sewage or trade effluent.—

 

Where immediately before the commencement of this Act any person was discharging any sewage or trade effluent into a 1[stream or well or sewer or on land], the provisions of section 25 shall, so far as may be, apply in relation to such person as they apply in relation to the person referred to in that section subject to the modification that the application for consent to be made under sub-section (2) of that section 2[shall be made on or before such date as may be specified by the State Government by notification in this behalf in the Official Gazette].

 

COMMENTS

 

Scope

Unless place of discharge like stream, well or sewerage or land is specified in the complaint it will not attract the penal section 26 of the Act; [N.P.N. Nachiammal Achi v. G. Rangasamy, Member-Secretary, T.N. Pollution Control Board, (1995)1 Crimes 134 (Mad.)]

 

——————————————–

1. Subs. by Act 44 of 1978, sec. 13, for “stream or well.”

 

2. Subs. by Act 44 of 1978, sec. 13, for certain words.

 

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The Water (Prevention and Control of Pollution) Act, 1974

 

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