Section 43(1) in The Air (Prevention And Control Of Pollution) Act, 1981
(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.
