Section 43 in The Air (Prevention And Control Of Pollution) Act, 1981
43. [ Cognizance of offences [Substituted by Act 47 of 1987, Section 21, for Section 43 (w.e.f. 1.4.1988).]
(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.]
