Section 49 in Water (Prevention and Control of Pollution) Act, 1974
49. Cognizance of offences.
- [(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.] [Substituted by Act 53 of 1988, section 26, for sub-section (1) (w.e.f. 29-9-1988).](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.] [Inserted by section 26, Act 53 of 1988 (w.e.f. 29-9-1988).](3)[] [Sub-section (2) renumbered as sub-section (3) thereof by section 26, Act 53 of 1988 (w.e.f. 29-9-1988).] Notwithstanding anything contained in [section 29 of the Code of Criminal Procedure, 1973 (2 of 1974)] [Substituted by Act 44 of 1978, section 19, for 'section 32 of the Code of Criminal Procedure, Act 44 of 1978 (5 of 1898)' (w.e.f. 12-12-1978).], it shall be lawful for any [Judicial Magistrate of the first class or for any Metropolitan Magistrate] [Substituted by section 19, Act 44 of 1978, for 'Magistrate of the first class or for any Presidency Magistrate' (w.e.f. 12-12-1978).] 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.
