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Section 49 – The Water (Prevention and Control of Pollution) Act, 1974

The Water (Prevention and Control of Pollution) Act, 1974

 

 

49. 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 4[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 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.

 

COMMENTS

Magistrate not bound to take cognizance of offence

 

It is not necessary for the Magistrate to specifically state that he is taking cognizance of the offence; R. Rajendra Reddy v. Sujaya Feeds, (1994) 3 Crimes 692 (Kant).

 

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1. Subs. by Act 53 of 1988, sec. 26, for sub-section (1) (w.e.f. 29-9-1988).

 

2. Ins. by Act 53 of 1988, sec. 26 (w.e.f. 29-9-1988).

 

3. Sub-section (2) re-numbered as sub-section (3) by Act 53 of 1988, sec. 26 (w.e.f. 29-9-1988).

 

4. Subs. by Act 44 of 1978, sec. 19, for certain words.

 

 

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The Water (Prevention and Control of Pollution) Act, 1974

 

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