Panchayat:Repo18/vol2-page0147

            (d) if none of the means aforesaid be available, by affixing the same in Some conspicuous part of such place of abode or business.

(2) When the person is an owner or occupier of any building or land, it shall not be necessary to name the owner or occupier in the notice, and in the case of joint owners and occupiers it shall be sufficient to serve it on, or send it to, one of such owners or occupiers.

138. Cognizance of offences against the Act.-

No person shall be tried for any offence against the provisions of this Act, or of any rule, or bye-law made under it, unless complaint is made within three months of the commission of the offence, by the police, or the executive authority or the Health Officer, or by a person expressly authorised in this behalf by the local authority, the executive authority or the Health Officer:

Provided that nothing contained in this section shall affect the provisions of the Code of Criminal Procedure, 1898, in regard to the power of certain Magistrates to take Cognizance of offences upon information received or upon their own knowledge or suspicion.

138A. Power to compound offences.-

The executive authority or the Health Officer may compound any offence against this Act or the rules or bye-laws made thereunder which may, by rules made by the Government, be declared compoundable. The power to compound any offence so declared may also be exercised by such other authority or person, as may be authorised in that behalf by rules made by the Government.

139. Powers of police officers to arrest offenders against Act, etc.-

Any police officer who sees a person committing an offence against any of the provisions of this Act or of any rule or bye-law made thereunder, may arrest such person, if his name and address are unknown to the officer and such person on demand declines to give his name and address or gives a name and address which the Officer has reason to believe to be false.

140. Powers of executive officer and public health staff to arrest offenders against Act, etc.-

(1) The executive officer of a local authority or any member of the public health establishment of a local authority not below the rank of a Health or Sanitary Inspector, who sees a person committing any of the offences specified in sub-section (2) in the area over which the local authority has jurisdiction, may arrest such person, if his name and address are unknown to the executive officer or member aforesaid and such person on demand declines to give his name and address or gives a name and address which such officer or member has reason to believe to be false. Any person so arrested shall be handed over to the officer-in charge of the nearest police station as expeditiously as possible.

(2) The offences referred to in sub-section (1) are -

            (a) offences against any of the provisions of this Act or of any rule or bye-law made thereunder; and

            (b) offences falling under any of the provisions of the Acts mentioned below, if such provisions are in force in the area over which the local authority has jurisdiction

                (i) Chapters VII to XIII, both inclusive, of the Madras City Municipal Act, 1919, read with Section 357 of that Act and Schedules VII and VIII thereto;

                (ii) Chapters VII to XIII both inclusive, of the Madras District Municipalities Act, 1920, read with Section 313 of that Act and Schedules VII and VIII thereto;

                (iii) Chapters VIII to XI, both inclusive, of the Madras Local Bodies Act, 1920, read with Section 207 of that Act and Schedules Will and IX thereto;

                    (iiia) Sections 79,81,82,84,85,87,88,90 to 92 and 123 of the Madras Village Panchayats Act, 1950, read with Section 115 of that Act and Schedules I and thereto;

                (iv) Sections 53 and 73 of the Madras City Police Act, 1888;

This page is Accepted in Panchayath Wiki Project. updated on: 30/ 05/ 2019 by: Manoj

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