Section 44 of The Water (Prevention and Control of Pollution) Act, 1974
1[Where for the purpose of grant of a consent in pursuance of the provisions of section 25 or section 26, the use of a meter or gauge or other measure or monitoring device is required and such device is used for the purposes of those provisions, any person who knowingly or wilfully alters or interferes with that device so as to prevent it from monitoring or measuring correctly shall be liable to pay penalty which shall not be less than ten thousand rupees, but which may extend to fifteen lakh rupees.]
Summary
- This rule stops people from cheating on their water pollution reports by messing with measuring equipment.
- It applies whenever the government requires a meter or gauge as a condition for a permit to discharge waste into water.
- Anyone who purposely changes or interferes with these devices so they show wrong readings is breaking this law.
- The law sets the punishment at a minimum of ten thousand rupees.
- The maximum fine for this specific violation is fifteen lakh rupees.
Practical examples
FAQ
1. Does Section 44 of The Water (Prevention and Control of Pollution) Act, 1974, apply to accidental damage?
No, Section 44 of the Act specifically requires that the person "knowingly or wilfully" alters or interferes with the device to prevent correct monitoring.
2. What is the highest fine I could face under Section 44 of the Water Act?
Under Section 44 of the Act, the penalty for tampering with a monitoring device can go as high as fifteen lakh rupees.
3. Does Section 44 of the 1974 Water Act apply to old factories?
Yes, it applies to any meter required for consent under Section 25 (new discharges) or Section 26 (existing discharges), so even established factories must comply.
4. Who determines if I have violated Section 44 of the Water Pollution Act?
An adjudicating officer appointed under the Act holds an inquiry to determine if a person has knowingly interfered with a required monitoring device.
Test yourself
Q1.Under Section 44 of The Water (Prevention and Control of Pollution) Act, 1974, which of the following is a requirement for a penalty to be imposed?
Q2.What is the minimum penalty for interfering with a monitoring device under Section 44 of The Water (Prevention and Control of Pollution) Act, 1974?
Q3.How does Section 25 of The Water (Prevention and Control of Pollution) Act, 1974, trigger the application of Section 44?
Q4.If a factory manager is found to have sabotaged a required gauge on July 20, 2026, what is the maximum penalty they could face under Section 44 of The Water (Prevention and Control of Pollution) Act, 1974?