123A. [ Cognizance of offences under Section 118A. [Inserted by Act No. 15 of 1976.]
(1)Notwithstanding anything contained in Section 123, or in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), an offence punishable under Section 118A shall he tried by the Taluk Land Board of the taluk in which the person bound to file the statement under Section 85A ordinarily resides.(2)Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), every member of a Taluk Land Board shall, for the purposes of Sub-section (1), be deemed to be a Judicial Magistrate of the first class.(3)object to such rules us may be made by the Government under Sub-section (5), the Taluk Land Board shall, in trying an offence punishable-under Section 118A follow the procedure prescribed by the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), for the trial of summons cases by Judicial Magistrates.(4)The Taluk Land Board shall not take cognizance of any offence punishable under Section 118A, except on complaint in writing made by an officer authorised by the Government in this behalf.(5)For the trial of offences punishable under Section 118A by the Taluk Land Board, the Government may make rules in respect of the following matters, namely:(a)the constitution of benches consisting of two or more members of the Taluk Land Board;(b)the times and places of sitting; and(c)the mode of setting differences of opinion which may arise between the members of the bench so constituted.(6)For the removal of doubts it is hereby declared that, notwithstanding anything contained in Section 100A, a Taluk Land Board or any member of a Taluk Land Board shall not take cognizance of, or try, any offence punishable under Section 118A except in accordance with the provisions of this Section and the rules made thereunder.]
