Amendment status not verified — confirm the current text below against the official source.
Power of Board to make application to courts for restraining apprehended pollution of water in streams or wells. —1[(1) Where it is apprehended by a Board that the water in any stream or well is likely to be polluted by reason of the disposal or likely disposal of any matter in such stream or well or in any sewer, or on any land, or otherwise, the Board may make an application to a court, not inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class, for restraining the persons who is likely to cause such pollution from so causing.] (2) On receipt of an application under sub-section (I) the court may make such order as it deems fit. (3) Where under sub-section (2) the court makes an order restraining any person from polluting the water in any stream or well, it may in that order- (i) direct the person who is likely to cause or has caused the pollution of the water in the stream or well, to desist from taking such action as is likely to cause pollution or, as the case may be, to remove from such stream or well, such matter, and (ii) authorise the Board, if the direction under clause (i) (being a direction for the removal of any matter from such stream or well) is not complied with by the person to whom such direction is issued, to undertake the removal and disposal of the matter in such manner as may be specified by the court. (4) All expenses incurred by the Board in removing any matter in pursuance of the authorisation under clause (ii) of sub-section (3) or in the disposal of any such matter may be defrayed out of any money obtained by the Board from such disposal and any balance outstanding shall be recoverable from the person concerned as arrears of land revenue or of public demand. 2[33A. Power to give directions. —Notwithstanding anything contained in any other law, but subject to the provisions of this Act, and to any directions that the Central Government may give in this behalf, a Board may, in the exercise of its powers and performance of its functions under this Act, issue any directions in writing to any person, officer or authority, and such person, officer or authority shall be bound to comply with such directions. Explanation. —For the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct — (a) the closure, prohibition or regulation of any industry, operation or process; or (b) the stoppage or regulation of supply of electricity, water or any other service.] 3[33B. Appeal to National Green Tribunal]. —Any person aggrieved by, — (a) an order or decision of the appellate authority under section 28, made on or after the commencement of the National Green Tribunal Act, 2010; or (b) an order passed by the State Government under section 29, on or after the commencement of the National Green Tribunal Act, 2010; or (c) directions issued under section 33A by a Board, on or after the commencement of the National Green Tribunal Act, 2010, may file an appeal to the National Green Tribunal established under section 3 of the National Green Tribunal Act, 2010, in accordance with the provisions of that Act.] 1 Subs. By Act 53 of 1988 s. 17, ibid., for sub-section (1) (w.e.f. 29.9.1988). 2 Ins. by Act 53 of 1988, s. 18 (w.e.f. 29.9.1988). 3 Ins. By National Green Tribunal Act, 2010 (19 of 2010) dated 2nd June 2010 The Water (Prevention and Control of Pollution) Act, 1974 21 CHAPTER VI FUNDS, ACCOUNTS AND AUDIT