Cognizance of offence

Cognizance of offences.—Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)—

1. (a) every offence under this Act shall be non-cognizable and bailable;
2. (b) no court shall take cognizance of any offence committed under this act without a written complaint by the Executive Engineer, Water Resources Department or any other officer authorised to do so by notification issued by State Government from time to time;
3. (c) when any offence is found to be committed under section 19, the Executive Engineer of the Water Resources Department shall issue a notice to the accused to be present before the Executive Engineer and compound for the offence so committed within 30 days from the notice. If the accused have not present for compounding procedure then written complaint may be made by the Executive Engineer within one month of the date on which notice has been served; Provided that the cognizance of a complaint may be taken by the Court after the prescribed period, if the complainant satisfies the Court that he had sufficient cause for not making a complaint within such period.
4. (d) no court inferior to that of a Judicial Magistrate of the first class shall try any offence punishable under this Act.