Section 296 in The Maharashtra Municipal Councils, Nagar Panchayats And Industrial Townships Act, 1965
296. Provisions as respects institution, compounding, etc., of criminal actions.
(1)[Subject to the control of the President, the Chief Officer may take or cause to be taken proceedings] [These words were substituted for the words 'Subject to the general control of the Council, the Chief Officer may take proceedings' by Maharashtra 4 of 1974, Section 34(a)(i).] against any person who is charged with -(a)any offence against this Act or any rules or by-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 sanction of the President,] [These words were substituted for the words 'except with the previous approval of the Council' by Maharashtra 4 of 1974, Section 34(a)(ii).] 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 176 read with sub-sections (8) and (9) of section 189;(ii)sub-section (6) of section 183;(iii)sub-section (5) of section 249;(2)No prosecution for any offence under this Act or the rules or by-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 by-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 by-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 248 of the [Code of Criminal Procedure, 1898 (V of 1898)] [See now the Code of Criminal Procedure, 1973 (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 by-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)Notwithstanding anything contained in the [Code of Criminal Procedure, 1898 (V of 1898)] [See now the Code of Criminal Procedure, 1973 (2 of 1974).] all offences punishable under this Act or the rules or by-laws made thereunder may be compounded by [the president,] [These words were substituted for the words 'the Chief Officer' by Maharashtra 4 of 1974, Section 34(b).] but only with the permission 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 en 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 President,] [These words were substituted for the words 'The Chief Officer' by Maharashtra 4 of 1974, Section 34(c)(1).] shall before compounding any offence under the last preceding sub-section obtain 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-half of the maximum amount of fine prescribed for the offence and if the fine prescribed therefor is unlimited it shall not be less than [five thousand rupees] [These words were substituted for the portion beginning with the words 'such sum shall not' and ending with the words 'five hundred rupees' by Maharashtra 18 of 1993, Section 28.].] [Sub-section (4) was added by Maharashtra 67 of 1981, Section 3.](7)The composition of an offence under this section shall have the effect of an acquittal of the accused with which the offence has been compounded.(8)The expenses of all prosecutions or proceedings shall be paid out of the municipal fund.
