Section 43 of The Air (Prevention and Control of Pollution) Act, 1981 View Chapter 6

Cognizance of offences.


   1[43.  Cognizance of offences.--(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

       (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.]

1Subs. by Act 47 of 1987, s. 21, for section 43 (w.e.f. 1-4-1988).