Amendment status not verified — confirm the current text below against the official source.
Substituted by section 3 of Chapter II of U.P.Act No.12 of 1994. [The Uttar Pradesh [Municipal Corporation]2 Act, 1959] [Section 492-496] Proceedings before Magistrates and the Sessions Court Cognizance of offences 492- (1) An offence for the contravention of [section 112-C, section 122-D or section]1 417 shall be cognizable. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, all offences against this Act, or against any rule, regulation or bye-law, whether committed within or without the City, shall be cognizable by a Magistrate of the First Class having jurisdiction in the City and no such Magistrate shall be deemed to be incapable of taking cognizance, of any such offence or of any offence against any enactment hereby repealed, by reason only of his being liable to pay any [Corporation]2 tax or of his being benefited by the [Corporation]2 Fund. (3) Notwithstanding anything contained in section 200 of the said Code, it shall not be necessary in respect or any offence against this Act or any rule, regulation or bye-law made thereunder, to examine the complainant when the complaint is presented in writing. Limitation of time within which complain- ts of offences 493- No Magistrate shall take cognizance of any offence punishable under this Act, or any rule, regulation or bye-law, unless complaint of such offences made before him- 494 punishable under this Act shall be entertained (a) within six months next after the date of the commission of such offence; or (b) if such date is not known or the offence is a continuing one within six months next after the commission or discovery of such offence. Power of Magi- strate to hear cases in absence of accused 494- If any person summoned to appear before a Magistrate to answer a charge of an offence punishable under this Act or any rule, regulation or bye-law, fails to appear at the time and place mentioned in the summons, and if service of summons is proved to the satisfaction of the Magistrate and no sufficient cause is shown for the non-appearance of such person the Magistrate may hear and determine the case in his absence. Report of Public Analyst to Government 495- Any document purporting to be a report under the hand of the Public Analyst to the Government of Uttar Pradesh upon any article dilly submitted to him for analysis may be used as evidence of the facts therein stated in any inquiry, or prosecution under this Act without proof thereof. Complaint concerning nuisances 496- (1) Any person who resides in the City may complain to a Magistrate of the First Class having jurisdiction therein of the existence of any nuisance or that in the exercise of any power conferred by section, 231, 232, 249, 250, 251, 310 or 385 more than the least practicable nuisance has been created. 1.Ins. by section 26 of U.P. Act No.21 of 1964. 2.Substituted by section 3 of Chapter II of U.P.Act No.12 of 1994. [The Uttar Pradesh [Municipal Corporation]1 Act, 1959] [Section 497-498] (2) Upon receipt of any such complaint, the Magistrate, after making such inquiry as he thinks necessary, may, if he sees fit direct the Mukhya Nagar Adhikari- (a) to put in force any of the provisions of this Act or of any rule, regulation or bye-law or to take such measures as to such Magistrate shall seem practicable and reasonable for preventing, abating, diminishing or remedying such nuisance; (b) to pay to the complainant such reasonable costs of and relating to the said complaint and order as the Said Magistrate shall determine, inclusive of compensation for the complainant's loss of time in prosecuting such complaint. (3) Subject to the provisions of section 497 it shall be incumbent on the Mukhya Nagar Adhikari to obey every such order. (4) Nothing in this Act contained shall interfere with the right of any person who may suffer injury or whose property may be injuriously affected by any act done in the exercise of any power conferred by sections 231, 232, 249, 250, 251, 310 or 385 to recover the damages for the same. Appeal to the Sessions Court from order passed under section 497- (1) An appeal shall lie to the Sessions Court from an order passed by a Magistrate under section 496 within one month of the date thereof. (2) The Sessions Court may, when disposing of an appeal under sub- section (1), direct by whom and in what proportions, if any, the costs of the appeal are to be paid, and costs so directed to be paid may, on application to a 495 Magistrate of the First Class having jurisdiction in the City be re-covered by him, in accordance with the direction of the Sessions Court, as if there were a fine imposed by himself. (3) When an appeal has been preferred to the Sessions Court under this section, the Mukhya Nagar Adhikari shall defer action upon the order of the Magistrate until such appeal has been disposed of and shall there-upon forthwith give effect to the order passed in such appeal by the Sessions Court, or if the order of the Magistrate has not been disturbed by the Sessions Court, then to his order. (4) The State Government may, after consulting the High Court, from time to time, make rules for regulating the admission of appeals under sub- section (1) and the procedure to be followed in the adjudication thereof. Arrest of Offenders Offenders against this Act may in certain cases be arrested by police officers 498- (1) Any police officer may arrest any person who commits in his view any offence against this Act or against any rule, regulation or bye-law, if the name and address of such person be unknown to him, and if such person, on demand, declines to give his name and address or gives a name and address which such officer has reason to believe to be false. (2) No person so arrested shall be detained in custody after his true name and address are ascertained or, without the order of a Magistrate, for any longer time; not exceeding twenty-four hours from the arrest, than is necessary for bringing him before a Magistrate competent to take cognizance of his offence.