Central · Act 7 of 1942

Section 40 — Cognizance of offences.

The Coffee Act, 1942

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STATUTORY TEXT
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(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.]

Source footnotes

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.

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More sections of this actSection 1 · Short title, extent and duration.Section 2 · Declaration as to expediency of Union control.Section 3 · Definitions.Section 4 · Constitution of the Board.Section 5 · Incorporation of the Board.Section 6 · Vesting of property in the Board.Section 6A · Consultation with the Board.Section 7 · Committees, staff and agents.
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India Code, Government of India. Text fetched 20 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.

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