Section 41 of WPCPA : Section 41: Failure To Comply With Directions Under Sub-Section (2) Or Sub-Section (3) Of Section 20, Or Orders Issued Under Clause (C) Of Sub-Section (1) Of Section 32

Explanation using Example

Let's consider a hypothetical scenario to understand the application of Section 41 of The Water (Prevention and Control of Pollution) Act, 1974.

Imagine a factory situated near a river, which is continuously discharging its untreated waste into the river, causing severe water pollution. The local authority, noticing this, issues a direction under sub-section (2) of section 20 to the factory owner to stop this practice and treat the waste before discharging it. The direction specifies a time frame of 30 days to comply.

If the factory owner fails to comply with this direction within the given time frame, he can be convicted under this act. As per sub-section (1) of section 41, he may face imprisonment up to three months or a fine up to ten thousand rupees, or both. If the failure continues, an additional fine of five thousand rupees may be imposed for every day of non-compliance after the first conviction.

If the factory owner continues to ignore the order even after conviction and the failure extends beyond a period of one year, as per sub-section (3) of section 41, he may face imprisonment for a term not less than two years but which may extend to seven years, along with a fine.