Cognizance of offences.
1[(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[(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.]
3[(3)]
Notwithstanding anything contained in 4[section 29 of the Code of Criminal Procedure, 1973 (2 of 1974)], it shall be lawful for any 5[Judicial Magistrate of the first class or for any Metropolitan Magistrate] to pass a sentence of imprisonment for a term exceeding two years or of fine exceeding two thousand rupees on any person convicted of an offence punishable under this Act.
1 Subs. by Act 53 of 1988, s. 26, for sub-section (1) (w.e.f. 29-9-1988).
2 Ins. by s. 26, ibid. (w.e.f. 29-9-1988).
3 Sub-section (2) renumbered as sub-section (3) thereof by s. 26, ibid. (w.e.f. 29-9-1988).
4 Subs. by Act 44 of 1978, s. 19, for “section 32 of the Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 12-12-1978).
5 Subs. by s. 19, ibid., for “Magistrate of the first class or for any Presidency Magistrate” (w.e.f. 12-12-1978).
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