Bare ActsThe Air ( Prevention and Control of Pollution) Act, 1981

Section 42

Protection of action taken in good faith

Amendment status not verified — confirm the current text below against the official source.

Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall lie against the Government or any officer of the Government or any member or any officer or other employee of the Board in respect of anything which is done or intended to be done in good faith in pursuance of this Act or the rules made thereunder. 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 42 – The Air ( Prevention and Control of Pollution) Act, 1981 | DailyLaw.ai