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Section 45 – The Water (Prevention and Control of Pollution) Act, 1974

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

 

 

45. Enhanced penalty after previous conviction.—

 

If any person who has been convicted of any offence under section 24 or section 25 or section 26 is again found guilty of an offence involving a contravention of the same provision, he shall, on the second and on every subsequent conviction, be punishable with imprisonment for a term which shall not be less than 1[two years] but which may extend to seven years and with fine:

Provided that for the purpose of this section no cognizance shall be taken of any conviction made more than two years before the commission of the offence which is being punished.

 

COMMENTS

Scope

If any person has been convicted for any offence under section 24 relating to prohibition on use of stream or well for disposal of polluting matter, etc., or under section 25 relating to restrictions on new outlets and new discharges or under section 26 relating to existing discharge of sewage or trade effluent and is again found guilty of an offence involving a contravention of the same provisions, he shall, or the second and on every subsequent conviction be punishable with imprisonment of not less than two year but which may extend to seven years and with fine.

 

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1. Subs. by Act 53 of 1988, sec. 24, for “one year” (w.e.f. 29-9-1988).

 

 

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

 

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