(1) The municipal council may direct any prosecution for any public nuisance whatever, and may order proceedings to be taken for the recovery of any penalties and for the punishment of any person offending against the provisions of this Act, or of any rule or bye-law made thereunder, and may order the expenses of such prosecutions or other proceedings to be paid out of the municipal fund:

Provided that no prosecution for an offence under this Act or rule or byelaw framed thereunder shall be instituted, except within six months next after the date of the commission of such offence, or the date on which the commission or existence of such offence was first brought to the notice of the Municipal Commissioner or Chief Officer.

(2) Any prosecution under this Act or under any rule or bye-law madethereunder may, save as therein otherwise provided, be instituted before any magistrate of the first class, and every fine or penalty imposed under or by virtue of this Act or any rule or bye-law made thereunder, and also all claims to compensation or other expenses for the recovery of which no special provision is otherwise made in this Act, may be recovered on application to such magistrate, by the distress and sale of any movable property within the limits of his jurisdiction belonging to the person from whom the money is claimable.

(3) In case any fine, costs, tax or other sum of money imposed, assessedor recoverable by a magistrate under this Act or under any rule or bye-law made thereunder, is not paid, the magistrate may order the offender to be imprisoned in default of payment subject to all the restrictions, limitations and conditions imposed in sections 64 to 70 (both inclusive) of the Indian Penal Code.

(4) Any fine, costs, tax or sum imposed, assessed or recoverable by amagistrate under this Act, or any rule or bye-law made thereunder shall be recoverable by such magistrate, as if it were a fine imposed under the Code of Criminal Procedure, 1898 (Central Act V of 1898), and the same shall on recovery be paid to the municipal council.