Section 49 of The Water (Prevention and Control of Pollution) Act, 1974
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 2[(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.] 3 [(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.] 4 [(3)] Notwithstanding anything contained in 5 [section 29 of the Code of Criminal Procedure, 1973 (2 of 1974)], it shall be lawful for any 6 [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.
Summary
- Courts can only take notice of an offence if a complaint is made by specific authorized groups or people.
- Authorized complainers include the Board, its authorized officers, or adjudicating officers.
- A regular person can file a complaint only after giving at least sixty days' notice to the Board or authorized officer.
- Only courts at the level of a Metropolitan Magistrate or a Judicial Magistrate of the first class or higher can try these cases.
- Magistrates are legally allowed to give higher fines and longer prison sentences than they normally can under standard criminal law.
- The Board must provide relevant reports to a person who wants to complain, unless it is against the public interest.
Practical examples
FAQ
1. Can a regular citizen file a case under The Water (Prevention and Control of Pollution) Act, 1974?
Yes, a person can file a complaint under Section 49 of the Water Act, 1974, but only after giving at least sixty days' notice of their intention to the Board.
2. What is the lowest level of court that can hear cases under Section 49 of the Water (Prevention and Control of Pollution) Act, 1974?
No court lower than a Metropolitan Magistrate or a Judicial Magistrate of the first class can try offences under Section 49 of the Water Act, 1974.
3. Can the Board refuse to show me their pollution reports if I want to file a complaint under Section 49 of the Water Act?
Yes, under Section 49 of the Water (Prevention and Control of Pollution) Act, 1974, the Board can refuse to provide reports if it believes doing so is against the public interest.
4. How does Section 49 of the Water Act affect the sentencing power of a Magistrate?
Section 49 of the Water (Prevention and Control of Pollution) Act, 1974 allows Magistrates to pass sentences of more than two years and fines over two thousand rupees, which exceeds their normal limits under the Code of Criminal Procedure.
Test yourself
Q1.Under Section 49 of The Water (Prevention and Control of Pollution) Act, 1974, how much notice must a private individual give before filing a complaint?
Q2.Which official is specifically mentioned in Section 49 as being able to make a complaint so that a court can take cognizance?
Q3.Why does Section 49 of The Water (Prevention and Control of Pollution) Act, 1974 mention Section 29 of the Code of Criminal Procedure?
Q4.If the State Government uses its power of Revision under Section 29, how does this relate to Section 49 of The Water (Prevention and Control of Pollution) Act, 1974?