CourtMesh

Section 49: Cognizance of offences.

The Water (Prevention and Control of Pollution) Act, 1974Central Act · Act 6 of 1974

[(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

[(aa) the adjudicating officer or any officer authorised by him in this behalf; 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.

Where this provision sits

ActThe Water (Prevention and Control of Pollution) Act, 1974
Section49
Marginal noteCognizance of offences.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act 53 of 1988. . Subs. by Act 53 of 1988, s. 26, for sub-section (1) (w.e.f. 29-9-1988).
  • inserted, Act 5 of 2024. . Ins. by Act 5 of 2024, s. 13, (w.e.f. 15-2-2024).
  • inserted. . Ins. by s. 26, ibid. (w.e.f. 29-9-1988).
  • renumbered. . Sub-section (2) renumbered as sub-section (3) thereof by s. 26, ibid. (w.e.f. 29-9-1988).
  • substituted, Act 44 of 1978. Subs. by Act 44 of 1978, s. 19, for "section 32 of the Code of Criminal Procedure, 1898 (5 of 1898)" (w.e.f. 12-12-1978).
  • substituted. . Subs. by s. 19, ibid., for "Magistrate of the first class or for any Presidency Magistrate" (w.e.f. 12-12-1978).

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Water (Prevention and Control of Pollution) Act, 1974 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.