Section 43 of Air (Prevention and Control of Pollution) Act - Cognizance of offences

 Section 43 Air Act Description

(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.]


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