CHAPTER XVI
 

Section No.     Subject/Title                     
141.                 Offences.
142.                 Notices and authorisation.
143.                 Cognizance of offences.
144.                 Summary disposal of cases.
145.                 Punishments and Penalties.
146.                 Compounding of offences.
147.                 Rights of Citizen not affected.

 

                                PENALTIES AND LEGAL PROCEEDINGS

141. Offences.- An act or omission specified in the Fourth Schedule shall be an offence liable to punishment by way of imprisonment or penalty under this Ordinance.

142. Notices and authorisation.- Each Nazim shall authorise an officer or officers under his administrative control --

(a) to issue legal notices on behalf of the respective Administration for violation or commission of any offence under this Ordinance, rules or bye-laws;

(a) to take such measures and actions for compliance of directions contained in the notices issued restraining violations or commission of any offence under this Ordinance, rules or bye-laws; and

(b) to initiate legal proceedings, defend any legal proceedings initiated against the local government, attend court proceedings and represent the concerned local government.

143. Cognizance of offences.- (1) No court shall take cognizance of any offence under this Ordinance except on a complaint in writing received from the Nazim, or an officer or a person generally or specially authorized by the local government or on a complaint made by an affected citizen if no action is taken on the complaint made by him under sub-section (2).

(2) The Nazim or an officer or any other person generally or specially authorised by him may, on his own motion, or on the complaint of any affected citizen, institute any suit or initiate prosecution or any other legal action against a person committing an offence under this Ordinance.

144. Summary disposal of cases.- Except the offences specified in Part-I of the Fourth Schedule, a court taking cognisance of the offences punishable under this Ordinance shall try such offences in a summary manner in accordance with the provisions of the Code of Criminal Procedure 1898 (Act V of 1898).

145. Punishments and Penalties.- (1) Whoever commits any of the offences specified in Part-I of the Fourth Schedule shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to fifteen thousand rupees, or with both and, if the offence is continued, with a further fine which may extend to one thousand rupees for every day after the date of the first commission during which period the offender has persisted in the offence.

(2) Whoever commits any of the offence specified in Part-II of the Fourth Schedule shall be punishable with imprisonment which may extend to six months and with fine which may extend to five thousand rupees and, if the offence is continued, with a further fine which may extend to two hundred rupees for every day after the date of first commission during which period the offender has persisted in the offence.

(3) Whoever commits any of the offence specified in Part-III of the Fourth Schedule shall be punishable with imprisonment which may extend to one month, or with fine which may extend up to five thousand rupees, or with both and, if the offence is continued, with a further fine which may extend up to one hundred rupees for every day after the date of first commission during which period the offender has persisted in the offence.

146. Compounding of offences.- Subject to provision of section 345 of the Code of Criminal Procedure 1898 (Act V of 1898), except as otherwise provided, the Nazim or an officer or any other person generally or specially authorised by the local government in this behalf, may, at any time or after the commission of the offence but before the conclusion of proceedings in the court, compound any offence under this Ordinance.

147. Rights of Citizen not affected.- Nothing contained in Section 143 shall restrict or limit the rights of the citizens or residents of a local area to bring any suit or other legal proceedings against any local government, its officers or other functionaries violating his rights available to him under any law for the time being in force.