section 281
Provisions as respects institution, compounding etc., of criminal actions
The Daman and Diu Municipalities Regulation 1994Infrastructure1994314 sections
Statutory text
- (1) Subject to the general control of the Council, the Chief Officer may take proceedings against any pe,rson who is charged with -- (a) any offence against this Regulation or any rules or bye-laws made thereunder; (b) any offence which affects or is likely to affect any property or interest of the Council or the due administration of thia Regulation; or (c) committing any nuisance whetever; Providea that the Chief Officer shall not, except with the previous approval of the Council, direct a prosecution or order proceedings to be taken for the punishment of any person offending against the provisions of the following sections or sub-sections, namely :-- (i) sub-section (71 of section 171 read with sub-section (8) and (9) of section 184; (ii) sub-section (6) of section 178; (iii) sub-section (5) of section 243; (2) No prosecution for any offence under this Regulation or the rules or bye-laws made thereunder shall be instituted, except within six months next after the date of the commission of the offence, or if such date is not knowh or the offence is a continuing one within six months after the commission or discovery of such offence. (3) Any prosecution undes this Regulation or the rules r bye-laws made thereunder may, save as therein otherwise provided, be instituted before any Magis-trate; and every fine or penalty imposed under or by virtue of this Regulation or any rule or bye-iaw, and any compensation, expenses, charges or damages for the recovery of whlch no special provision is otherwise made in this Regulation, m y be recovered on application to any Magistrate, by the distress and sale of an movable property within the limits of his jurisdiction belonging to the person from whom the money 1s claimable. (4) Notwithstanding ayything contained in section 248 of the Code of Criminal Procedure. 1898, no Magiatrate yptlml shall permit withdrawal of a complaint under that section in respect of an offence punishable under this 'Regulation or the rules and bye-laws made thereunder, unless the Magistrate is satisfied that although the complaint was made in good faith it was based on incorrect facts or insufficient information. (5) Nothrithstanding anything contained in the Code of Criminal Procedure, 1898, all offences punishable under this Regulation or the rules or bye-laws made thereunder may be compounded by the Chief Offi-cer, but only with the permhission of the Court before'which any prosecution for such offence is pending, or when the accused has been committed for trial or when he has been convicted and an appeal is pending, with the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard. (6) The Chief Officer shall before .compounding any offence under the last preceding sub-section odtain the approval of the Standing Committee, and *.the Standing Committee shall not accord its approval ,,unless the accused pays by way of composition of the -.,offence such sum as may be determined by it. Such sum >shall not be less than one-fourth of the maximum amount of fine prescribed for the offence, and if the fine prescribed therefor is unlimited shall not be less than two hundred and fifty rupees. (7) The composition of an offence under this section shall have the effect of an acquittal of the accused with which the offencehas been compounded. (8) The ' expen,ses of all , prosecutions or -,,,>proceedings shall be paid out of the municipal fund.
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