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  • section 43-cognizance-of-offences-66829fcb28263b967f099cd7
Section 42Section 44
Section 43

Cognizance of Offences.

The Air (Prevention and Control of Pollution) Act, 1981
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1 [43. Cognizance of offences.--(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.]




1 Subs. by Act 47 of 1987, s. 21, for section 43 (w.e.f. 1-4-1988).


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