Cognizance of offences
Section 43 of the Air (Prevention and Control of Pollution) Act, 1981 deals with cognizance of offences. 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; The Act came into force on 16 May 1981.
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.]
Section 43, The Air (Prevention and Control of Pollution) Act, 1981 (Act 14 of 1981).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… any authority or officer authorised in this behalf by that Government, 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 Central Government or the authority or officer authorised as aforesaid. 8) Section 43 of The Air (Prevention and Control of Pollution) Act, 1981 – (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 …
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… any authority or officer authorised in this behalf by that Government, 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 Central Government or the authority or officer authorised as aforesaid. 8) Section 43 of The Air (Prevention and Control of Pollution) Act, 1981 – (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 …
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… any authority or officer authorised in this behalf by that Government, 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 Central Government or the authority or officer authorised as aforesaid. 8) Section 43 of The Air (Prevention and Control of Pollution) Act, 1981 – (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 …
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 43
What does Section 43 of the Air (Prevention and Control of Pollution) Act deal with?
Section 43 of the Air (Prevention and Control of Pollution) Act is headed "Cognizance of offences". [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;
How do I find court cases under Section 43 of the Air (Prevention and Control of Pollution) Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Air (Prevention and Control of Pollution) Act 43, section 43 Air (Prevention and Control of Pollution) Act, section 43 of the Air (Prevention and Control of Pollution) Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 43 of the Air (Prevention and Control of Pollution) Act, and has it changed?
1 other provision in this corpus refers back to it. One instrument names it without being made under it, most recently The Rajasthan Air (Prevention and Control of Pollution) Rules, 1983 (1983).
When did Section 43 of the Air (Prevention and Control of Pollution) Act come into force?
Section 43 of the Air (Prevention and Control of Pollution) Act, cited as Air (Prevention and Control of Pollution) Act 43, came into force on 16 May 1981, having been enacted on 29 Mar 1981. It is in force as at the date shown on this page.
Other sections of this Act
- 21. Restrictions on use of certain industrial plants835 words
- 54. Power of State Government to make rules830 words
- 26. Power to take samples of air or emission and procedure to be followed in connection therewith463 words
- 2. Definitions443 words
- 5. Constitution of State Boards433 words
- 17. Functions of State Boards424 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.