Council, any of its committees or any municipal officer or servant.

Council may prosecute.-

1. (1) The Counci, the Chief Municipal Officer or any other officer authorized by the Council in

this behalf in the case of Municipal Council and the Council or any other officer authorized by

the Council in this behalf in the case of Nagar Panchayat may direct-

1. (i) any prosecution for any offence under this Act or under any rule or bye-law made thereunder;
2. (ii) Proceedings to be taken for the recovery of any penalties and for the punishment of any person offending against the provisions of this Act or of any rule or bye-law made thereunder;
3. (iii) that the expenses of such prosecutions or other proceedings be paid out of the Municipal fund: Provided that no prosecution for an offence under this Act or under any rule or bye-law made thereunder shall be instituted except-
4. (i) within 12 months next after the date of the commission of such offence; or
5. (ii) if such date is not known or the offence is a continuing one, within twelve months next after the date of which the commission or existence of such offence was first brought to the notice of the Council or of any officer or servant whose duty it is to report such offence to the Council.

1. (2) Any prosecution under this Act or under any rule or bye-law thereunder may, save as therein otherwise provided, be instituted before any Magistrate; and every fine or penalty imposed under or by virtue of this Act or any rule or bye-law thereunder, and any compensation expenses, charges or damages for the recovery of which no special provision is otherwise made in this Act may be recovered on application to any Magistrate by the distress or sale of any movable property within the limits of his jurisdiction belonging to the person from whom the money is claimed.