Section 49 in The 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.(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 section 29 of the Code of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for any 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.
