Bare ActsThe WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974

Section 45

Enhanced penalty after previous conviction

Amendment status not verified — confirm the current text below against the official source.

Enhanced penalty after previous conviction. —If any person who has been convicted of any offence under section 24 or 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 3[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. 4[45A. Penalty for contravention of certain provisions of the Act. —Whoever contravenes any of the provisions of this Act or fails to comply with any order or direction given under this Act, for which no penalty has been elsewhere provided in this Act, shall be punishable with imprisonment which may extend to three months or with fine which may extend to ten thousand rupees or with both and in the case of a continuing contravention or failure, with an additional fine which may extend to five thousand rupees for every day during which such contravention or failure continues after conviction for the first such contravention or failure.] 1 Subs. by Act 53 of 1988, s. 22, for "one thousand rupees" (w.e.f. 29-9-1988). 2 Sub. by Act 53 of 1988, s. 23, for “six months” (w.e.f. 29-9-1988). 3 Subs. by s. 24, ibid., for "one year”. (w.e.f. 29-9-1988). 4 Ins. by s. 25, ibid. (w.e.f. 29-9-1988). 24 The Water (Prevention and Control of Pollution) Act, 1974

Section 45 – The WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 | DailyLaw.ai