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 authorized 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 authorized 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