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40. Cognizance of offences.-

(1) No court other than the Court of 3[a Metropolitan Magis- trate or a Judicial Magistrate of the first class] shall take cognizance of any offence punishable under this Act.

(2) No Court shall take cognizance of an offence punishable under section 35 except on complaint made by an officer authorised in this behalf by the State Govern ment 4[or of the offence specified in sub-section (2) of section 16 except on complaint made by an officer authorised in this behalf either by the State Government or by the Board] or of an offence punishable under any other section except on complaint mad e with the previous sanction of the Central Government by an officer authorised in this behalf by the Board:

1[Provided that the Central Government may, by notification in the Official Gazette, direct that the previous sanction of the Central Government shall not be necessary for complaints in such cases or classes of cases as may be specified in the notification.]

1.Ins. by Act 7 of 1943, s. 14.

2.Ins. by Act 50 of 1954, s. 19 (w.e.f. 1-8-1955).

3.Subs. by Act 23 of 1994, s. 13, for "a Magistrate of the first class" (w.e.f. 14-1-1994).

4.Ins. by Act 2 of 1944, s. 4.



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