40Cognizance of offences
(1) No court other than the Court of 1[a Metropolitan Magistrate 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 Government 2[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 made with the previous sanction of the Central Government by an officer authorised in this behalf by the Board:
3[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.]
Download our fully-offline, High speed android app.- Click here
1. Subs. by Act 23 of 1994, s. 13, for "a Magistrate of the first class" (w.e.f. 14-1-1994).
2. Ins. by Act 2 of 1944, s. 4.
3. Added by Act 7 of 1943, s. 15.
- 1 Short title, extent and duration
- 2 Declaration as to expediency of Union control
- 3 Definitions
- 4 Constitution of the Board
- 5 Incorporation of the Board
- 6 Vesting of property in the Board
- 6A Consultation with the Board
- 7 Committees, staff and agents
- 8 Salary and allowances of Chairman
- 8A Vice-Chairman
- 9 Chief Coffee Marketing Officer, Secretary and other Staff
- 10 Dissolution of the Board
- 11 [Repealed.]
- 12 [Repealed.]
- 13 [Repealed.]
- 14 Registration of owners of coffee estates
- 15 Power of State Government to make rules
- 16 Fixation of prices for sale of coffee
- 17 Sale of coffee in excess of free sale quota
- 18 Sale of coffee, how made
- 19 [Repealed.]
- 20 Export of coffee
- 21 Re-import of coffee exported from India
- 22 Free sale quota
- 23 Returns to be made by registered owners
- 24 Licences for sale of uncured coffee
- 25 Surplus coffee and surplus pool
- 26 Sales of coffee by the Board
- 27 Coffee to be cured in licensed curing establishments
- 28 Licensing of curing establishments
- 29 Information to be supplied to the Board in connection with curing
- 30 Separate funds to be maintained by the Board
- 31 General fund
- 32 Pool fund
- 32A Power of the Board to make donation to the Gandhi National Memorial Fund
- 33 Power to borrow
- 34 Payments to registered owners
- 35 Failure to register
- 36 Contraventions of sections 16, 17 and 18
- 37 Unlicensed curing establishment
- 37A Contravention of section 23(1)
- 38 False returns
- 38A Contravention of section 25
- 38B Powers to seize coffee withheld from inclusion in surplus pool
- 39 Obstruction
- 39A Offences by companies
- 40 Cognizance of offences
- 41 [Repealed.]
- 42 Control by the Central Government
- 43 Appeals to the Central Government
- 44 Inspection of records
- 45 Accounts of the Board
- 46 Inspection of records of the Board and obtaining of copies
- 47 Contracts
- 47A Bar of legal proceedings
- 48 Power of the Central Government to make rules
- 49 Repeal of Act 14 of 1935
- 50 [Repealed.]