Amendment status not verified — confirm the current text below against the official source.
COGNIZANCE OF OFFENCES. 1[(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 (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[(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[(3) Notwithstanding anything contained in section 29 of the Code of Criminal Procedure, 1973], (2 of 1974) it shall be lawful for any 4[Judicial Magistrate of the first class or for any Metropolitan Magistrate] to pass a sentence of imprisanment for a term exceeding two years or of fine exceeding two thousand rupees on any person convicted of an offence punishable under this Act. 1 Subs. by Act 53 of 1988, s. 26 for sub-section (1). 2 Ins by s. 26, ibid. 3 Sub-section (2) renumbered as sub-section (3) by s. 26, ibid. 4 Subs. by Act 44 of 1978, s. 19, for certain words. [Act 6 of 1974] The Water (Prevention and Control of Pollution) Act, 1974 37