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CS Professional · Intellectual Property Rights - Law and Practice · Biological Diversity

Ms Kavita, an environmental activist, learns that a firm has committed an offence under the Biological Diversity Act, 2002. She wants a court to take cognizance on her complaint, but she is not an officer authorised by the Central Government. What must she do?

She must give at least thirty days' notice in the prescribed manner to the Central Government or its authorised authority or officer, stating the offence and her intention to complain, and then file a written complaint. Courts cannot take cognizance on any other basis.

  1. AFile an oral complaint before the magistrate immediately
  2. BGive notice of not less than thirty days in the prescribed manner of the offence and her intention to complain, and then make a written complaintCorrect
  3. CObtain a prior order of the National Green Tribunal and then file a complaint
  4. DGive notice of not less than sixty days to the State Government and then file a complaint

Explanation

Section 61 bars cognizance except on a written complaint by the Central Government or authorised officer, or by any person or benefit claimer who has given at least thirty days' notice in the prescribed manner to the Central Government or authorised authority or officer. Oral complaints and a sixty-day notice are not required.

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