(1) Nocourt shall takecagnizance of any alleged contravention of the provisions of this Act or of any order made thereunder, except on a report in writing of the facts constituting such contravention made by a public servant.
(2) Proceedings in respect of a contravention of the provisions of this Act alleged to have been committed by any person may be taken before the appropriate Court having jurisdiction in the place where that person is for the time being.
(3) Notwithstanding anything congained in Schedule Il to the Code of Criminal Procedure, 1973 a@ contravention of the provisions cf section 17 shall be triable by a a Judicial Magistrate of the first class.
(4) Any Judicial Magistrate of first class empowered for the time being to try in a summary way the offences specified in sub-section (1) of section 260 of the Code of Criminal Procedure, 1973 may, if such Magistrate thinks fit, on application in this behalf being made by the prosecution, try a contravention of any such provisions of this Act or orders made thereunder as the State Government may, by order published in the Official Gazette, specify in this behalf in accordance with the provisions contained in section 262 to 265 of the said Code.
27. The State Government may, by order published in the —_—De!egatioa of Official Gazette, direct that any power or duty, which iscon- PWS 970 ferred or imposed on the State Government by or under this — Goverament.
Act, except the power to make rules, shall in such circumstances and under such conditions, if any, as may be specified in the order, be exercised or discharged also by any officer or authority subordinate to it not being in the opinion of the State Government below the rank of a Superintendent of Police or, a District Magistrate.
28. Notwithstanding anything contained in any law for — Presumption in the time being in force, in a prosecution for an offence for the — Pra*cuttoas for = contravention contravention of any order under this Act, onithe production of orders and of an authentic copy of the order— privilege of public officers
(1) it shall, until the contrary is proved be presumed,--- nes to disclose acts or
(a) that the order was made by the authority to produce competent under this Act to make it ; COENEN
(b) that the authority making the order was satisfied that the grounds on or the purpose for which it was made existed and that it was necessary to make the same; and
(c) that the order was otherwise valid and in conformity with the provisions of this Act ; ind no public officer shall be compelled i.; disclose any fact or to produce any documei:t when he considered that (*)\ 19 the public interest would suffer by the disclosure of such fact or the production of such document although such fact or document may be relevant to any of the matters contained in the order.
Explanation .— For 5 purpose of this Act, an authentic copy of the order mearfs a copy certified in a manner prescribed under section 76 of ti Indian Evidence Act, 1872 or if this Act requires that the order be published in the Official Gazette a copy of the Official Gazette relating to the publication of the order.
Publication 29. (1) Save as otherwise provided by or under this Act, Por 1s72 and service ;
of orders every order made under this Act shall--- in (a) if it is an order of a general nature or affecting a class of persons, be published in such manner as may, in the opinion of the authority making it, be best adopted for informing the persons affected by the order ;
(b) if it is an order affecting a corporation or a firm be served in the manner provided for service of summons in Rule 2 of Order V of 1908 X XIX or in Rule 3 of Order XXX, as the case may be, in the First Schedule to the Code of Civil Procedure, 1908 5
(c) if it is an order affecting an individual person other than a corporation or a firm be served on the person—
(i) personally, by delivering or tendering to him the order, or
(ii) by post, or
(iii) where the person cannot be found by leaving an authentic copy of the order with some adult male member of the family, or
(iv) by aflixing such copy to some conspicuous part of the permises in whicli he ts tnawn to have last resided or carried op business or workee for gain.
(2) Where the question arises wiether a person was duiy formed of an order made in pursuaice of this Act, compliance with the requiremen's of sub-section (1) shall be conclusive prooi that he was so informed, but failure to comply with the said requirements shall not preclude proof by other means that he was so informed or affected the validity of the order.
30. Any police officer not below the rank of Inspector may seen arrest without warrent any person who Is reasonably suspected arrest without of having committed an offence punishable under this Act. All warrent.
offences under this Act shall be non-bailable.