Provisions respecting institution, etc. of civil and criminal actions and obtaining legal advice

§564

Summary

(1) The 1Municipal Commissioner may —\br@s (a) take, or withdraw from proceedings against any person who is charged with —\br@s (i) any offence against this Act or any rule, regulation or byelaw ;\br@s (ii) any offence which affects or is likely too affect any property or interest of the 2Corporation or the due administration of this Act ;\br@s (iii) committing any nuisance whatever ;\br@s 3 (b) subject to any general or special orders of the State Government in this behalf, compound any offence punishable under this Act, or rules, bye-laws or regulations made thereunder, either before or after the instituion of the prosecution, on realisation of such amount of composition fee as he thinks fit not exceeding the maximum amount of fine fixed for the offence; and where the offence is so compounded :–\br@s (i) before the institution of the prosecution; the offender shall not be liable to prosecution for such offence and shall, if in custody, be set at liberty;\br@s (ii) after the institution of the prosecution the composition shall amount to acquittal of the offender.\br@s (c) defend any election petition brought under the Act or any other proceeding relating to elections under the Act if he or the 2Corporation or any other 2Corporation authority is sued ; or\br@s (d) defend, admit or compromise any appeal against an annual value or tax brought under section 472;\br@s (e) take, withdraw from or compromise, proceedings under subsection (2) of section 470, sub-section (3) and (4) of section 522 and section 481 and for the recovery of expenses or compensation claimed to be due to the 2Corporation;\br@s (f) withdraw from or compromise any claim for a sum not exceeding five hundred rupees against any person in respect of a penalty payable under a contract entered into with such person by the 1Municipal Commissioner or, with the approval of the Executive Committee, any such claim for any sum exceeding five hundred rupees;\br@s (g) defend any suit or other legal proceedings brought against the 1 Corporation or against the 2 Municipal Commissioner or a 1Corporation officer or servant in respect of anything done or omitted to be done by them, respectively, in their official capacity;\br@s (h) with the approval of the Executive Committee admit or compromise any claim, suit or legal proceeding brought against the 1Corporation or against the 2Municipal Commissioner or a 1Corporation officer or servant in respect of anything done or omitted to be done as aforesaid;\br@s (i) with the like approval, institute and prosecute any suit or withdraw from or compromise any suit or any claim, other than a claim of the description specified in clause (f), which has been instituted or made in the name of the 1Corporation or the 2Municipal Commissioner;\br@s (j) obtain and pay for such legal advice and assistance as he may, from time to time, think it necessary or expedient to obtain or as he may be desired by the 1Corporation or the Executive Committee to obtain, for any of the purposes mentioned in the foregoing clauses of this sub-section or for securing the exercise of discharge of any power or duty vesting in or imposed upon any 1Corporation authority or any 1Corporation officer or servant:\br@s Provided that the 2Municipal Commissioner shall not defend any suit or legal proceeding under clause (g) without first of all taking legal advice with regard thereto, and shall institute and prosecute any suit which the 1Corporation shall determine to have instituted and prosecuted.\br@s

(1) The 1Municipal Commissioner may —\br@s (a) take, or withdraw from proceedings against any person who is charged with —\br@s (i) any offence against this Act or any rule, regulation or byelaw ;\br@s (ii) any offence which affects or is likely too affect any property or interest of the 2Corporation or the due administration of this Act ;\br@s (iii) committing any nuisance whatever ;\br@s 3 (b) subject to any general or special orders of the State Government in this behalf, compound any offence punishable under this Act, or rules, bye-laws or regulations made thereunder, either before or after the instituion of the prosecution, on realisation of such amount of composition fee as he thinks fit not exceeding the maximum amount of fine fixed for the offence; and where the offence is so compounded :–\br@s (i) before the institution of the prosecution; the offender shall not be liable to prosecution for such offence and shall, if in custody, be set at liberty;\br@s (ii) after the institution of the prosecution the composition shall amount to acquittal of the offender.\br@s (c) defend any election petition brought under the Act or any other proceeding relating to elections under the Act if he or the 2Corporation or any other 2Corporation authority is sued ; or\br@s (d) defend, admit or compromise any appeal against an annual value or tax brought under section 472;\br@s (e) take, withdraw from or compromise, proceedings under subsection (2) of section 470, sub-section (3) and (4) of section 522 and section 481 and for the recovery of expenses or compensation claimed to be due to the 2Corporation;\br@s (f) withdraw from or compromise any claim for a sum not exceeding five hundred rupees against any person in respect of a penalty payable under a contract entered into with such person by the 1Municipal Commissioner or, with the approval of the Executive Committee, any such claim for any sum exceeding five hundred rupees;\br@s (g) defend any suit or other legal proceedings brought against the 1 Corporation or against the 2 Municipal Commissioner or a 1Corporation officer or servant in respect of anything done or omitted to be done by them, respectively, in their official capacity;\br@s (h) with the approval of the Executive Committee admit or compromise any claim, suit or legal proceeding brought against the 1Corporation or against the 2Municipal Commissioner or a 1Corporation officer or servant in respect of anything done or omitted to be done as aforesaid;\br@s (i) with the like approval, institute and prosecute any suit or withdraw from or compromise any suit or any claim, other than a claim of the description specified in clause (f), which has been instituted or made in the name of the 1Corporation or the 2Municipal Commissioner;\br@s (j) obtain and pay for such legal advice and assistance as he may, from time to time, think it necessary or expedient to obtain or as he may be desired by the 1Corporation or the Executive Committee to obtain, for any of the purposes mentioned in the foregoing clauses of this sub-section or for securing the exercise of discharge of any power or duty vesting in or imposed upon any 1Corporation authority or any 1Corporation officer or servant:\br@s Provided that the 2Municipal Commissioner shall not defend any suit or legal proceeding under clause (g) without first of all taking legal advice with regard thereto, and shall institute and prosecute any suit which the 1Corporation shall determine to have instituted and prosecuted.\br@s

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