WA / Offences and Penalties /

Cognizance of offences

 

Authorities or persons authorized to file complaints

A court shall take cognizance of any offence under this Act only on a complaint made by:

(a) A board constituted under the Act (State Board, Joint Board and/or the Central Pollution Control Board) or any officer authorized by such a board in this behalf

(b) Any person who has given notice of not less than sixty days, of the alleged offence and of his intention to make a complaint, to the Board or officer authorized (in (a) above)
The manner in which such person makes a complaint is prescribed by the state government or the central government, by notification in the official gazette.
Where a complaint has been made by such person, the Board shall make available the relevant reports in its possession, on demand by such person. However, the Board may refuse to make any such report available if the same is, in its opinion, against public interest.

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.
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 (notwithstanding anything contained in Section 29 of the Code of Criminal Procedure 1973).

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Bar of jurisdiction

No civil court has the jurisdiction to entertain any suit or proceeding in when an appellate authority constituted under the Act is empowered by or under the Act to deal with.
The appellate authority is constituted at the state level to hear appeals preferred by persons with regard to refusal of consent of the state board, or conditions imposed on the grant of consent for disposal systems.

Further, no injunction shall be granted by any court or authority in respect of any action taken or to be taken, in pursuance of any power conferred by or under this Act.

Click here to read about the offences listed under the Act and the penalties awarded for each of these penalties.

 

 

 

 

This guide is an additional aid to understanding the law. We have re-written some of the text in various and have not reproduced the exact text from the bare acts. While all efforts have been made to maintain the accuracy of this information, relevant official gazettes may be consulted for authenticity. The authors of this resource will not be responsible for any loss due to the information provided in this guide. Any discrepancy found may kindly be brought to our notice.