Chapter XI PROSECUTIONS, SUITS AND POWERS OF POLICE

With the previous sanction of the Council, the Chief Municipal Officer, or such other officer, as may be authorized by the Council in this behalf, may on behalf of the Council- (a) institute, defend or withdraw frim legal proceedings under this Act, or under any rule or bye- law made thereunder, or under any other enactment for the time being in force; (b) admit, compromise or withdraw any claim made under this Act or under any rule or bye-law made thereunder, or under any other enactment for the time being in force; and (c) obtain such legal advice and assistance as he may, from time to time, think it necessary or expedient to obtain for any purpose referred to in the foregoing clauses of this section, or for securing the lawful exercise or discharge of any power or duty vesting in or imposed upon the

1. (a) institute, defend or withdraw frim legal proceedings under this Act, or under any rule or bye- law made thereunder, or under any other enactment for the time being in force;
2. (b) admit, compromise or withdraw any claim made under this Act or under any rule or bye-law made thereunder, or under any other enactment for the time being in force; and
3. (c) obtain such legal advice and assistance as he may, from time to time, think it necessary or expedient to obtain for any purpose referred to in the foregoing clauses of this section, or for securing the lawful exercise or discharge of any power or duty vesting in or imposed upon the

Council may prosecute.-

1. (1) The Counci, the Chief Municipal Officer or any other officer authorized by the Council in

this behalf in the case of Municipal Council and the Council or any other officer authorized by

the Council in this behalf in the case of Nagar Panchayat may direct-

1. (i) any prosecution for any offence under this Act or under any rule or bye-law made thereunder;
2. (ii) 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;
3. (iii) that the expenses of such prosecutions or other proceedings be paid out of the Municipal fund: Provided that no prosecution for an offence under this Act or under any rule or bye-law made thereunder shall be instituted except-
4. (i) within 12 months next after the date of the commission of such offence; or
5. (ii) if such date is not known or the offence is a continuing one, within twelve months next after the date of which the commission or existence of such offence was first brought to the notice of the Council or of any officer or servant whose duty it is to report such offence to the Council.

1. (2) Any prosecution under this Act or under any rule or bye-law thereunder may, save as therein otherwise provided, be instituted before any Magistrate; and every fine or penalty imposed under or by virtue of this Act or any rule or bye-law thereunder, and any compensation expenses, charges or damages for the recovery of which no special provision is otherwise made in this Act may be recovered on application to any Magistrate by the distress or sale of any movable property within the limits of his jurisdiction belonging to the person from whom the money is claimed.

No distress or attachment made by virtue of this Act shall be deemed unlawful nor shall any party making the same be deemed a trespasser on account of any defect or want of form in any summons, conviction or want of distress or attachment or other proceedings relating thereto, nor shall such party be deemed a trespasser an initio on account of any irregularly afterwards committed by him; but all persons aggrieved by such irregularly may recover full satisfaction fir the special damage in any Court of competent jurisdiction.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

If through any act, neglect or default, on account whereof any person shall have incurred penalty imposed by or under this Act, any damage to the property of a Municipality shall have been caused by such person, he shall be liable to make good such damage as well as to pay such penalty and the amount of damage shall

incase of dispupte, on the application, in writing of the Chief Municipal Officer, be determined

by the Court by whom the person incurring such penalty is convicted; and on non-payment of such amount on demand the same shall be levied by distress and such Court shall issue the warrant accordingly.

In lieu of any process of recovery allowed by or under this Act or in case of failure to realize by such process the whole or any part of any amount recoverable under the provision of Chapter VIII or of any compensation, expenses, charges or damages payable under this Act, it shall be lawful for the Council to sue in any Court of competent jurisdiction the person liable to pay the same.

(1) The Council or, with the authorization of the Council , its President, Vice President, Chief Municipal Officer or Health Officer or any committee thereof, may accept from any person against whom a reasonable suspicion exists that he has committed an offence against this Act or any rule or bye-law made thereunder, a sim of money by way of composition for such offence.

1. (2) On payment of such sum of money, the suspected person, if in custody, shall be discharged, and no further proceedings shall be taken against him in regard to the offence or alleged offence so compound for.
2. (3) Sums paid by way of composition under this section shall be credited to the Municipal Fund.
3. (4) Authorisation under sub-section (1) to accept composition for alleged offences may be given by the Council either generally in regard to all offences under this Act and rules and bye-laws made thereunder or particularly in regard only to specified offences or offences of a specified class, and may, at any time, be withdrawn by the Council.
4. (5) The State Government may make rules under this Act regulating the procedure to be followedn by persons empowered to accept composition for offences.
5. (6) The provisions of this section shall apply such Council as the State Government may, by notification, specify.

No suit shall be maintainable against the Council or any of its committees, or any Municipal officer or servant or any person acting under or in accordance with the direction of the Council or any of its committees or any Municipal officer or servant, or of a Magistrate, in respect of anything in good faith done or intended to be done under this Act or under any rrule or bye-law made thereunder.

Councillor, officer or servant thereof or any person acting under the direction of any such Council,Councillor, officer or servant for anything done or purporting to be done under this Act,

until the expiration of two months next after a notice,in writing, stating the cause of action, the

name and place of abode o fthe intending plaintiff and the relief which he claims has been, in the case of a Council delivered or left at its office and in the case of any such member, officer, servant or person as aforesaid, delivered to him or left at his office or usual place of abode; and the plaint shall contain a statement that such notice has been so delivered or left.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

1. (2) Every such suit shall be dimissed unless it is instituted within eight months from the date of the accrual of the alleged cause of action.
2. (3) Nothing in this section shall be deemed to apply to any suit instituted under Section 54 of the Specified Relief Act, 1877 (1 of 1877)

Any police officer may arrest any person who commits any offence under this Act or any rule or bye-law made there under-

1. (a) if the name and address of the person are unknown to him, and
2. (b) if the person declines to give his name and address or there is reason to doubt the accuracy of the name and address given.

1. (2) Provided that any person arrested under this section may be detained until his name and address are correctly ascertained: Provided that no person so arrested shall be detained longer than is necessary for bringing him before a Magistrate unless an order of Magistrate for his detention is obtained.
2. (3) It shall be the duty of every police officer employed within the limits of the Municipality-
   • (i) to communicate without delay to the Council any information which he receives of a design to commit or of the commission of any offence against this Act or any rule or bye-law made there under.
   • (ii) to assist any Municipal officer or servant reasonable demanding his aid for the lawful exercise of any power vested in the Council or in any Municipal Officer or servant under this Act or any rule or bye-law made thereunder.

Council, necessary on occasion of any fair, agricultural show or industrial exhibition managed by the Council, or on the occurrence of any epidemic disease, theState Government may, on the request of the Council, provide such protection.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।