Provisions as respects institution, compounding, etc., of criminal actions

(1) Subject to the general control of the Council, the Chief Officer may take proceedings against any person who is charged with — (a) any offence against this Act 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 this Act; or (c) committing any nuisance whatever: Provided 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 (7) of section 171 read with sub-sections (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 Act 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 known or the offence is a continuing one within six months after the commission or discovery of such offence. (3) Any prosecution under this Act or the rules or bye-laws made 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, 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 and sale of any movable property within the limits of his jurisdiction belonging to the person from whom the money is claimable. (4) Notwithstanding anything contained in section 426 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974 ), no Magistrate shall permit withdrawal of a complaint under that section in respect of an offence punishable under this Act 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) Any offence committed under this Act or the rules or bye-laws made thereunder, whether committed before or after the commencement of the Goa Municipalities (First Amendment) Act, 2002, may, either before or after the institution of the prosecution, be compounded by such officers or authorities, on such conditions and for such amounts, as the State Government may, by Notification in the Official Gazette, specify in this behalf. (6) [omitted] (7) Where an offence has been compounded under sub-section (5), the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of this offence. (8) The expenses of all prosecutions or proceedings shall be paid out of the municipal fund.