section 389
Relief to agents and trustees
The Arunachal Pradesh Municipal Corporation Act, 2019- (1) Where any person, by reasonof his receiving rent
of immovable property as a receiver, agent or trustee would be bound to discharge any
obligation imposed by this Act, or any rule, bye-law, regulation or order made under it for
the discharge the obligation unless he has, or but for his own improper act or default might have had, funds in his hands belonging to the owner sufficient for the purpose.
- (2) The burden of proving any act entitling a receiver, agent or trustee to relief under sub- section (1) shall lie upon him.
- (3) Where any receiver, agent or trustee has claimed and established his right to relief
under this section, the Commissioner may, by notice in writing, require him, to
apply to the discharge of his obligation as aforesaid, the first moneys which may
come to his hands on behalf, or for the use of the owner, and on failure to comply
with the notice, he shall be deemed to be personally liable to discharge the obligation.
General power to pay compensation : In any case not otherwise provided for in this
Act or in any bye-law made thereunder, the Commissioner, with the previous approval of the Corporation, may pay compensation to any person who sustains damage by reasons of the exercise of any of the power vested by this Act or any bye-law in the Commissioner or in any Corporation officer or other Corporation employee. 390. 391.
Compensation to be paid by offenders for damage caused by them : (1) Any
person who has been convicted of an offence against this Actor any bye-law made thereunder shall, notwithstanding any punishment to which he may have been sentenced for the said offence, be liable to pay such compensation for any damage to the property of the Corporation resulting from the said offence as the appropriate municipal authority may consider reasonable.
- (2) In the event of a dispute regarding the amount of compensation, payable under sub-
section (1) such amount shall, on application made to him be determined by the
magistrate before whom the said person was convicted of the said offence ; and on
non-payment of the amount of compensation so determined, the same shall be
recovered under a warrant from the said magistrate as if it were a fine imposed by him on the person liable therefor.
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