Bare ActsThe Water (Prevention and Control of Pollution) Act, 1974

Section 49

Cognizance of offences.

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

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 2 [(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.] 3 [(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.] 4 [(3)] Notwithstanding anything contained in 5 [section 29 of the Code of Criminal Procedure, 1973 (2 of 1974)], it shall be lawful for any 6 [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.