Powers of Court

Health198826 sections

Statutory text

(1) No Court shall take cognizance of any offence under this Act except on a complaint made by—
- (a) the Appropriate Authority, State or local Vigilance Committee or any officer authorised in this behalf by the State Government or the Appropriate Authority or the State or local Vigilance Committee.
- (b) any person who has given notice of not less than sixty days, in the manner prescribed, to the Appropriate Authority, any Vigilance Committee or an officer authorised as aforesaid, of the alleged offence and of his intention to make a complaint to the Court, 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) Where a complaint has been made under clause
- (b) of sub-section (1), the Court may, on demand by such person, direct the Authority or Vigilance Committee to make available the relevant records in its possession to that person : Provided that the Authority or Committee may refuse to make any such record available to such person if the same is, in its opinion, against the public interest.
(3) The Court may, for adequate and special reasons to be recorded in judgment, impose a sentence less than the minimum sentence that can be imposed under this Act.

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