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Section-43 Air (Prevention and Control of Pollution) Act, 1981

Air (Prevention and Control of Pollution) Act,1981

 

 

43. COGNIZANCE OF OFFENCES.

 

1COGNIZANCE 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) Were 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, sec. 21, for section 43 (w.e.f. 1-4-1988).

 

 

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Air (Prevention and Control of Pollution) Act, 1981

 

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