Section 45E of The Water (Prevention and Control of Pollution) Act, 1974
@span1[@45E. Offences for failure to comply with provisions of section 25 or 26 and for failure to pay penalty.--(1) Whoever fails to comply with the provisions of section 25 or section 26, in respect of each such failure, shall be punishable with imprisonment for a term which shall not be less than one year and six months but which may extend to six years and with fine, and in case the failure continues, with an additional fine which may extend to fifty thousand rupees for every day during which such failure continues after the conviction for the first such failure. @span(2) If the failure referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine. @span(3) Where any person fails to pay the penalty or the additional penalty, as the case may be, imposed under the provisions of this Act within ninety days of such imposition, he shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to twice the amount of the penalty or additional penalty so imposed or with both. @span(4) Where any offence under sub-section (1) or sub-section (2) or sub-section (3) has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of such offence and he shall be liable to be proceeded against and punished accordingly: @spanProvided that nothing in this sub-section shall render any such person liable to any punishment provided in sub-section (1) or sub-section (2) or sub-section (3), if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. @span(5) Notwithstanding anything in sub-section (4), where an offence has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.--For the purposes of this section,--
- (a)“company” includes body corporate, firm, trust, society and any other association of individuals;
- (b)“director”, includes director of the company, partner of the firm, members of the society or trust or member of any association of individuals, as the case may be.]
Summary
- This section deals with serious criminal offences rather than just financial penalties.
- Failing to pay a penalty within ninety days can lead to 3 years in prison or a fine double the original amount.
- For company violations, the people in charge are guilty unless they prove they didn't know or tried their best to prevent it.
- Specific company officers like directors or managers are also liable if the crime happened because they were neglectful or agreed to it.
Practical examples
FAQ
1. What is the deadline to pay a fine before risking jail under the 1974 Water Act?
Under Section 45E of The Water (Prevention and Control of Pollution) Act, 1974, you must pay within ninety days of the penalty being imposed.
2. Who is responsible if a company pollutes under Section 45E of the Water Act?
According to Section 45E of The Water (Prevention and Control of Pollution) Act, 1974, the person in charge of the business at the time is deemed guilty along with the company.
Test yourself
Q1.Under Section 45E of The Water (Prevention and Control of Pollution) Act, 1974, what is the minimum jail term for failing to comply with waste outlet rules?
Q2.If a violation of Section 25 or 26 continues for more than a year after conviction, what is the maximum prison term under the Water Act?
Q3.According to Section 45E of the 1974 Water Act, what can happen if you do not pay your penalty within ninety days?
Q4.Under Section 45E of The Water (Prevention and Control of Pollution) Act, 1974, how can a person in charge of a company avoid being found guilty?
Q5.Which sections' violations lead to the 1.5 to 6-year jail term mentioned in Section 45E of the Water Act?