Air (Prevention And Control of Pollution) Act, 1981

[Cognizance of offences.

43. (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
[(aa)	-	the adjudicating officer or any officer authorised by him in this behalf; 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.]

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