Section 49:
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.
Notes:
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).