Water (Prevention and Control of Pollution) Act, 1974
← Water (Prevention and Control of Pollution) Act, 1974
VII — PENALTIES AND PROCEDURE · Section 49

Cognizance of offences

Not yet verified with the latest version of the bare act.
Text as per India Code

[(1) No court shall take cognizance of any offence under this Act except on a complaint made by—

(a) a Board or any officer authorised in this behalf by it; or

[(aa) the adjudicating officer or any officer authorised by him in this behalf; or]

(b) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Board or officer authorised as aforesaid, and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.]

[(2) Where a complaint has been made under clause (b) of sub-section (1), the Board shall, on demand by such person, make available the relevant reports in its possession to that person:

Provided that the Board may refuse to make any such report available to such person if the same is, in its opinion, against the public interest.] [(3)] Notwithstanding anything contained in 6[section 29 of the Code of Criminal Procedure, 1973 (2 of 1974)], it shall be lawful for any 7[Judicial Magistrate of the first class or for any Metropolitan Magistrate] to pass a sentence of imprisonment for a term exceeding two years or of fine exceeding two thousand rupees on any person convicted of an offence punishable under this Act.

Judgments on Section 49