Section 619A in Kolkata Municipal Corporation Act, 1980
619A. [ Certain offences to be cognizable.- [(1)] [Inserted by section 22 of the Calcutta Municipal Corporation (Amendment) act, 1988 (West Bengal ACt5 XXI of 1988), w.e.f. 20.2.1989.] The Code of Criminal Procedure, 1973 shall apply to
(1)an offence under sub-section (5) of section 365 or section 392 or sub-section (1) of section 393 or sub-section (1) of section 394 or section 400 or section 401 or section 402, and(2)an offence under sub-section (1) of section 369 or sub-section (1) of section 371 or sub-section (1) of section 377 in relation to any street which is a public street, as if it were a cognizable offence(a)for the, purpose of investigation of such offence; and(b)for the purpose of all matters other than(i)the matters referred to in section 42 of that Code, and(ii)the arrest of a person, except on the complaint of, or upon information received from, the Municipal Commissioner or any person authorised by him by general or special order in this behalf :Provided that no offence of the contravention of any condition subject to which sanction was accorded for the erection of any building or the execution of any work shall be cognizable, if such contravention relates to any deviation from any plan of such erection or execution sanctioned by the Municipal Commissioner which is compoundable on payment of an amount under the rules and regulations relating to buildings made under this Act.](2)No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.(3)Except as otherwise provided in sub-section (1), no court shall take cognizance of any offence punishable under this Act or of the abatement of any such offence(a)save on its own knowledge of the offence or police report of the facts which constitute the offence, or(b)save on complaint made by the person aggrieved by the offence or the parent or other relative of such person or any recognised welfare institution or any recognised professional institution or organisation of engineers, architects or technocrats.Explanation. For the purpose of this sub-section, "recognised welfare institution" or "recognised professional institution' or organisation of engineers, architects or technocrats" shall mean -a welfare institution or, as the case may be, a professional institution or organisation of engineers, architects or technocrats, recognised by the Central Government or the State Government.] [Subsection (2) and (3) inserted by section 25 of the Calcutta Municipal Corporation (Amendment) Act, 1996 (West Bengal Act No. 6 of 1996),w.r.e.f. 4.12.1995.]
