43. Cognizance of offences

{
    "act_title": "THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981",
    "act_slug": "air-prevention-and-control-of-pollution-act-1981",
    "section_label": "Section",
    "section": {
        "number": "43",
        "title": "43. Cognizance of offences",
        "chapter": null,
        "content": "(1) No court shall take cognizance of any offence under this Act except on a complaint made by-\n(a) a Board or any officer authorised in this behalf by it; or\n(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,\nand 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.\n(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:\nProvided 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.",
        "footnote": "1. Subs. by Act 47 of 1987, s. 21, for section 43 (w.e.f. 1-4-1988).",
        "is_definition": false,
        "sort_order": 460
    },
    "prev_section": "42",
    "next_section": "44"
}