Water (Prevention and Control of Pollution) Act,1974

Act No : 6

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Section : COGNIZANCE OF OFFENCES

SECTION 49: COGNIZANCE OF OFFENCES

59[(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 com- plaint, 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 the Act.]

60[(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.]
61[(3)] Notwithstanding anything contained in 62[section 29 of the Code of Criminal Procedure, 1973 (2 of 1974)]-, it shall be lawful for any63[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.

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