397. Other provisions in respect of encroachments.
(1)Where any person is prosecuted of an offence for the contravention of the provisions of sub- section (1) of section 391, the burden of proving that he has not committed the said offence shall be on such person.(2)No officer or employee of the Municipality shall, permit any person to encroach upon or abet in encroachment upon any property specified in sub- section (1) of section 391 :Provided that no court shall take cognizance against such employees for the offence under this sub-section, except with the previous sanction of the Municipality.(3)No investigation of an offence for contravention of the provisions of sub-section (1) of section 391 or of sub-section (2) of this section, as the case may be, shall be made by an officer below the rank of a Deputy Superintendent of Police.
