Bare Acts

2 [CHAPTER VI SPECIAL PROVISIONS APPLICABLE TO THE UNION TERRITORY OF DELHI


49. Prosecution and cognizance of offences.—(1) No court shall proceed to the trial of any offence
made punishable by or under this Act except on the complaint of, or on an information received from, the
General Manager of the new Corporation or a person authorised by him by general or special order in this
behalf in writing.
(2) All offences against this Act or any rule or regulation made thereunder, or any bye-law continued
thereunder, whether committed within or without the limits of the Union territory of Delhi, shall be
cognizable by a Magistrate.
50. Appointment of Magistrates.—(1) The State Government may appoint one or more magistrates
of the first or second class for the trial of offences against this Act or any rule or regulation made
thereunder or any bye-law continued thereunder and may prescribe the time and place at which such
magistrate or magistrates shall sit for the despatch of business.
(2) Such magistrates and the members of their staff shall be paid such salary, pension, leave and other
allowances as may, from time to time, be fixed by the State Government.

1. Ins. by Act 11 of 1960, s. 71 (w.e.f. 25-4-1960).
2 Ins. by Act 71 of 1971, s. 7(a) and the Schedule (w.e.f. 3-9-1971).
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(3) The new Corporation shall, out of its fund, pay to the State Government the amounts of the salary,
pension, leave and other allowances as fixed under sub-section (2) together with all other incidental
charges in connection with the establishments of the said magistrates.
(4) Such Magistrates shall have jurisdiction over the whole of the Union territory of Delhi.
(5) For the purposes of the Code of Criminal Procedure, 1898 (5 of 1898), all magistrates appointed
under this section shall be deemed to be magistrates appointed under section 12 of that Code.
51. Composition of offences.—(1) The General Manager of the new Corporation or any officer or
other employee specially empowered by him in this behalf in writing may, either before or after the
institution of the proceedings, compound any offence made punishable by, or under this Act.
(2) Where an offence has been compounded, the offender, if in custody, shall be discharged and no
further proceedings shall be taken against him in respect of the offence so compounded.
52. Limitation of time for prosecution.—No person shall be liable to punishment for any offence
against this Act or any rule or regulation made thereunder or any bye-law continued thereunder, unless
complaint of such offence is made before a Magistrate within six months next after,—
(a) the date of the commission of such offence, or
(b) the date on which the commission or existence of such offence was first brought to the notice
of the complainant.
53. Power of magistrate to hear cases in absence of accused when summoned to appear.—If any
person summoned to appear before a magistrate to answer a charge of an offence against this Act or any
rule or regulation made thereunder, or any bye-law continued thereunder, fails to appear at the time and
place mentioned in the summons, or on any date to which the hearing of the case is adjourned, the
magistrate may hear and determine the case in his absence, if—
(a) service of the summons on such person is proved to his satisfaction, and
(b) no sufficient cause is shown for the non-appearance of such person.

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