The Chief Municipal Executive Officer/ Municipal Executive Officer may :- Power to institute etc.

legal proceedings and

1. (a) take or withdraw from proceeding against any person who is charge with — to obtain legal advices. i. any offence under this Act or any rules or regulations made thereunder or ii. any offence which affects or is likely to affect any properly or interest of the Municipality or the due administration of this Act or ii. Committing any nuisance whatsoever or
2. (b) contest or compromise any appeal against assessment of any tax or rate or,
3. (c) take or withdraw from or compromise any proceeding under this Act for the recovery of expenses or compensation claimed to be due to the Municipality or
4. (d) withdraw or compromise any claim for a sum not exceeding one thousand rupees against any person or,
5. (e) defend any suit or other legal proceeding brought against the Municipality or against any municipal authority or any officer or other employee of the Municipality in respect of anything done or omitted to be done by the Municipality or such municipal authority or officer or other employee under this Act or the rules or the regulations made thereunder in the official capacity or
6. (f) compromise with the approval of the Empowered Standing Committee or where there is no Empowered Standing Committee with the approval of the Municipality any claim suit or other legal proceeding brought against the Municipality or any municipal authority or any officer or other employee of the Municipality in respect of anything done or omitted to be done under any of the foregoing clauses of this section or,

1. (9) withdraw from or compromise any claim against any person in respect of a penalty payable under any contract entered into with such person by the Chief Municipal Executive Officer/ Municipal Executive Officer on behalf of the Municipality or,
   • (h) institute or prosecute any suit or other legal proceeding or with the approval of the Empowered Standing Committee or where there is no Empowered Standing Committee with the approval of the Municipality withdraw from or compromise any suit or claim other than a claim referred to in clause (d) instituted or made as the case may be in the name of the Municipality or the Chief Municipal Executive Officer/Municipal Executive Officer or,
     • (i) obtain for any of the purpose mentioned in the foregoing provisions of this section or for securing lawful exercise or discharge of any power or duty vesting in or imposed upon, any municipal authority or any officer or other employee or the Municipality such legal advise and assistance as he may from time to time consider necessary or expedient or as he may be required by the Municipality or the Empowered Standing Committee to obtain. 432. (1) No suit shall be instituted in any court having jurisdiction against any Notice Limitations and municipal authority or any officer or other employee of the Municipality or any tender of amends in person acting under the direction of any municipal authority or any officer or suits against other employee of the Municipality in respect of anything done, or purported to Municipality etc. be done under this Act or the rules or the regulations made thereunder until the expiration of one month next after a notice in writing has been delivered or left at the office of such authority or at the office or the residence of such officer or other employee or person stating —
   • (a) the cause of action,
   • (b) the name and residence of the intending plaintiff and
   • (c) the relief which such plaintiff claims,
2. (2) Every such suit shall be commenced within four months next after accrual of the cause of action and the plaint therein shall contain a statement that a notice has been delivered or left as required under sub-section (1).
3. (3) If the municipal authority at the office of which or the officer or the other employee of the Municipality or the person acting under the direction of any municipal authority or any officer or other employee of the Municipality at the office or the residence of whom, a notice has been delivered or left under sub- section (1), satisfies the court having jurisdiction that the relief claimed was tendered to the plaintiff before the institution of the suit, the suit shall be dismissed.
4. (4) Nothing in the foregoing provisions of this section shall apply to any suit instituted under section 38of the Specific Relief Act, 1963 47 of 1963).