Authority for prosecutions

(1) Proceedings for an offence under this Act or any regulations made there under shall not be commenced except by or with the consent of the Director of Public Prosecutions or the Board or any person authorised by the Board in that behalf. (2) Any officer of the Board may upon the written authority of the Chief Executive Officer appear in and conduct any proceedings commenced under this Act before a court of summary jurisdiction. (3) Notwithstanding any provision in any enactment prescribing the period within which summary proceedings may be commenced, proceedings for an offence under this Act may be commenced at any time within the period of three months from the date on which evidence sufficient in the opinion of the Chief Executive Officer to justify a prosecution for the offence comes to his knowledge or within the period of twelve months after the commission of the offence whichever period last expires and for the purpose of this sub-section a certificate purporting to be signed by or on behalf of the Chief Executive Officer as to the date on which such evidence came to his knowledge shall be conclusive evidence thereof. (4) In any proceedings for an offence under this Act the wife or husband of the defendant shall be competent to give evidence whether for or against the defendant but a wife or husband shall not be compelled to give evidence or in giving evidence to disclose any communication made to her or him by the defendant during the subsistence of the marriage. (5) Where an offence under this Act is committed by a body corporate and it is proved to have been committed with the consent or connivance of or to be attributable to any negligence on the part of any director, Chief Executive Officer, secretary or other officer of the body corporate, he as well as that body shall be deemed to be guilty of that offence and is liable to be proceeded against and penalised accordingly. due.