Air (Prevention and Control of Pollution) Act, 1981 — back to Table of Contents
Section 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. 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, unless the Board is of opinion that disclosure would be against the public interest.
