Section 468 in The Delhi Municipal Corporation Act, 1957
468. [] [Sections 467 to 473 omitted in relation to the ropad transport services in the union territory of Delhi by Act 71 and Sch. II (w.r.e.f. 3-11-1971)] Composition of offences.
- [The Commissioner or any person authorised by him] [Substituted by Act 67 of 1993, section 114, for certain words (w.e.f. 1-10-1993)] by general or special order in this behalf, may either before or after the institution of the proceedings compound any offence made punishable by or under this Act:Provided that no offence shall be compoundable which is committed by failure to comply with a notice, order or requisition issued by or on behalf of [a Corporation] [Substituted by Delhi Act 12 of 2011, section 2(a) for "the Corporation" (w.e.f. 13-1-2012)] or of any of the municipal authorities specified in section 44 unless and until the same has been complied with so far as the compliance is possible.(2)Where an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence so compounded.Magistrates and proceedings before magistrates[*] [Section 467 to 473 omitted in relation to the road transport services in the Union Territory of Delhi by Delhi by Act 71 of 1971, section 7 and Sch. II (w.r.e.f. 3-11-1971)]469. Municipal magistrates.(1)The [***] [The word "Central" omitted by Act 67 of 1993, section 115 (w.e.f. 1-10-1993).]Government may appoint one or more [Metropolitan Magistrates] [Substituted by Act 67 of 1993, section 115, for "magistrates of the first class" (w.e.f. 1-10-1993)] for the trial of offences against this Act and against any rule, regulation or bye-law made thereunder and may prescribe the time and place at which such magistrate or magistrates shall sit for the despatch of business.(2)Such magistrates shall be called municipal magistrates and shall besides the trial of offences as aforesaid, exercise all other powers and discharge all other functions of a magistrate as provided in this Act or any rule, regulation or bye-law made thereunder.(3)Such magistrates and the members of their staff shall be paid such salary, pension, leave and other allowances as may, from time to time, be fixed by the [***] [The word "Central" omitted by Act 67 of 1993, section 115 (w.e.f. 1-10-993)] Government.(4)[A Corporation] [Substituted by Delhi Act 12 of 2011, section 2(a) for "the Corporation" (w.e.f. 13-1-2012)] shall, out of the Municipal Fund, pay to the [***] [The word "Central" omitted by Act 67 of 1993, section 115 (w.e.f. 1-10-1993)] Government the amounts of the salary, pension, leave and other allowances as fixed under sub-section (3) together with all other incidental charges in connection with the establishments of the said magistrates.(5)Each such magistrate shall have jurisdiction over the whole of Delhi.(6)For the purposes of [the Code of Criminal Procedure, 1973 (2 of 1974)] [Substituted by Act 67 of 1993, section 115, for the "Code of Criminal Procedure, 1898 (5 of 1898)" (w.e.f. 1-10-1993) ], all municipal magistrates appointed under this Act shall be deemed to be magistrates appointed under [section 16] [Substituted by Act 67 of 1993, section 115, for section 12 (w.e.f. 1-10-1993)] of the said Code.(7)Nothing in this section shall be deemed to preclude any magistrate appointed hereunder from trying any offence under any other law.[*] [Sections 467 of 473 omitted in relation to the road transport services in the Union Territory of Delhi vide Act 71 of 1971, section 7 and Sch. II (w.e.f. 3-11-1971)]470. Cognizance of offences.- All offences against this Act or any rule, regulation or bye-law made thereunder, whether committed within or without the limits of Delhi, shall be cognizable by a municipal magistrate and such magistrate shall not be deemed to be incapable of taking cognizance of any such offence or of any offence under any enactment which is repealed by, or which ceases to have effect under, this Act by reason only of his being liable to pay any municipal tax or rate or benefited out of the Municipal Fund.[*] [Sections 467 of 473 omitted in relation to the road transport services in the Union Territory of Delhi vide Act 71 of 1971, section 7 and Sch. II (w.e.f. 3-11-1971)] 471. Limitation of time for prosecution.- No person shall be liable to punishment for any offence against this Act or any rule, regulation or bye-law made thereunder, unless complaint of such offence is made before a municipal magistrate within six months next after(a)the date of the commission of such offence, or(b)the date on which the commission or existence of such offence was first brought to the notice of the complainant.[*] [Sections 467 of 473 omitted in relation to the road transport services in the Union Territory of Delhi vide Act 71 of 1971, section 7 and Sch. II (w.e.f. 3-11-1971)] 472. Power of magistrate to hear cases in absence of accused when summoned to appear.- If any person summoned to appear before a magistrate to answer a charge of an offence against this Act or any rule, regulation or bye-law made thereunder fails to appear at the time and place mentioned in the summons, or on any date to which the hearing of the case is adjourned, the magistrate may hear and determine the case in his absence, if(a)service of the summons is proved to his satisfaction, and(b)no sufficient cause is shown, for the non-appearance of such person.[*] [Sections 467 of 473 omitted in relation to the road transport services in the Union Territory of Delhi vide Act 71 of 1971, section 7 and Sch. II (w.e.f. 3-11-1971)] 473. Complaints concerning nuisances and procedure therefor.(1)The Commissioner, [or any municipal officer or other municipal employee authorised by him] [Substituted by Act 67 of 1993, section 116, for certain words (w.e.f. 1-10-1993)] in this behalf or any person who resides or owns property in Delhi, may complaint to a municipal magistrate of the existence of any nuisance.(2)Upon the receipt of any such complaint the magistrate, after making such inquiry as he thinks necessary, may by written order direct the person responsible for the nuisance or the owner of the land or building on which the nuisance has taken place, to take such measures as to such magistrate may seem practicable and reasonable, and within such period as may be specified in the order, for abating, preventing, removing or remedying such nuisance and may direct [the Commissioner] [Substituted by Act 67 of 1993, section 116, for "any of the appropriate municipal authorities" (w.e.f. 1-10-1993)] to put into force any of the provisions of this Act or any bye-law made thereunder.(3)The magistrate may further direct the person found responsible for the nuisance to pay to the complainant such reasonable costs of and relating to the said complaint as he shall determine, inclusive of compensation for the complainant's loss of time in prosecuting such complaint.(4)Where in the opinion of the magistrate immediate action to prevent the nuisance is necessary he may dispense with the inquiry as required by sub-section (2) and make such order as he considers necessary forthwith.(5)If the person directed to take action by an order under sub-section (2) or sub-section (3) fails to do so within the period specified in the order, the Commissioner [***] [The words "or any other appropriate municipal authority" omitted by Act 67 of 1993, section 116 (w.e.f. 1-10-1993)] may on the expiry of the said period proceed to take action as directed in the order or may take such other measures to abate, prevent, remove or remedy the nuisance as he considers necessary, and all expenses incurred in that connection shall be recoverable from the person against whom the magistrate has made the order as an arrear of tax under this Act.Powers and duties of police officers
