Chapter XXI Chapter XXI

(1) Subject to the general control of the Council, the Chief Officer may take proceedings against any person who is charged with — (a) any offence against this Act or any rules or bye-laws made thereunder; (b) any offence which affects or is likely to affect any property or interest of the Council or the due administration of this Act; or (c) committing any nuisance whatever: Provided that the Chief Officer shall not, except with the previous approval of the Council, direct a prosecution or order proceedings to be taken for the punishment of any person offending against the provisions of the following sections or sub-sections, namely:— (i) sub-section (7) of section 171 read with sub-sections (8) and (9) of section 184; (ii) sub-section (6) of section 178; (iii) sub-section (5) of section 243. (2) No prosecution for any offence under this Act or the rules or bye-laws made thereunder shall be instituted, except within six months next after the date of the commission of the offence, or if such date is not known or the offence is a continuing one within six months after the commission or discovery of such offence. (3) Any prosecution under this Act or the rules or bye-laws made 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, 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 and sale of any movable property within the limits of his jurisdiction belonging to the person from whom the money is claimable. (4) Notwithstanding anything contained in section 426 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974 ), no Magistrate shall permit withdrawal of a complaint under that section in respect of an offence punishable under this Act or the rules and bye-laws made thereunder, unless the Magistrate is satisfied that although the complaint was made in good faith it was based on incorrect facts or insufficient information. (5) Any offence committed under this Act or the rules or bye-laws made thereunder, whether committed before or after the commencement of the Goa Municipalities (First Amendment) Act, 2002, may, either before or after the institution of the prosecution, be compounded by such officers or authorities, on such conditions and for such amounts, as the State Government may, by Notification in the Official Gazette, specify in this behalf. (6) [omitted] (7) Where an offence has been compounded under sub-section (5), the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of this offence. (8) The expenses of all prosecutions or proceedings shall be paid out of the municipal fund.

No distress levied 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 warrant of distrees or attachment or other proceeding relating thereto, nor shall such party be deemed a trespasser ab initio on account of any irregularity afterwards committed by him; but all persons aggrieved by such irregularity may recover full satisfaction for the special damage in any court of competent jurisdiction.

If through any act, neglect or default, on account whereof any person shall have incurred any penalty imposed by or under this Act, any damage to the property of a Council shall have been committed 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, in case of dispute, be determined by the Magistrate by whom the person incurring such penalty is convicted; and on non-payment of such damage on demand the same shall be levied by distress, and such Magistrate shall issue his warrant accordingly.

Whoever— (a) does or omits to do any act in contravention of any provisions of this Act, or the rules or bye-laws made thereunder; or (b) disobeys or fails to comply with any lawful direction given by any written notice or order issued by or on behalf of a Council under any power conferred by or under this Act; or (c) fails to comply with the conditions subject to which any permission or licence was given to him by or on behalf of a Council under any power conferred by or under this Act; or (d) when lawfully called upon by the Chief Officer or any officer duly authorised to supply an information in his possession which may be required for the purpose of this Act or of any rules or bye-laws made thereunder, fails to supply such information or wilfully supplies false information, shall, if no other penalty is provided for the offence, on conviction, be punished with fine which may extend to Five thousand rupees, and in the case of continuing offence with further fine which may extend to one hundred rupees for every day after the first during which such contravention continues: Provided that, when a notice or order fixes a time within which a certain act is to be done, and no time is specified by or under this Act, it shall rest with the Magistrate to determine whether the time so fixed was reasonable time.

In every case in which a person is convicted for an offence punishable by or under this Act and the Court considers that he should be sentenced with fine only, then in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, the fine to be imposed on him shall not be less than one-fourth of the maximum amount of fine prescribed for that offence, and if the fine prescribed for that offence is unlimited, shall not be less than one thousand rupees.

(1) Subject to the general control of the Council, the Chief Officer may — (a) institute and prosecute any suit or other proceeding for any claim or demand on behalf of the Council or for any injury to any property, rights or privileges of the Council; (b) withdraw from or compromise or compound any suit or any claim or demand which has been instituted or made on behalf of the council; (c) institute, withdraw from or compromise or compound any suit or proceeding for the recovery of expenses or compensation claimed to be due to the Council; (d) defend, admit or compromise or compound any appeal against a rateable value or tax; (e) defend any suit or other legal proceedings brought against the Council or any municipal officer or servant in respect of anything done or omitted to be done by them, respectively in their official capacity; (f) admit or compromise any claim, suit or legal proceeding brought against the Council or any municipal officer or servant, in respect of anything done or omitted to be done as aforesaid: Provided that — (i) if any sanction in the making of any contract is required by this Act, the like sanction shall be obtained for compounding or compromising any claim or demand arising out of such contract; (ii) if any such suit is in respect of land leased or sold under sub-section (3) of section 168 or in respect of any immovable property sold or leased for a term exceeding three years or other-wise transferred, it shall not be lawful for the Council to compound or compromise in respect of the suit except with the previous sanction of the Director. (2) A Council may make compensation out of the municipal fund to any person sustaining any damage by reason of the exercise of any of the powers vested in it, its committees, officers or servants under this Act. (3) The expenses of any civil proceedings prosecuted or defended on behalf of the Council shall be payable from the municipal fund.

Every Councillor and every officer or servant of a Council, every contractor or agent appointed by it for the collection of any tax and every person employed by such contractor or agent for the collection of such tax

No suit shall lie in respect of anything in good faith done or intended to be done under this Act, against any Council or against any committee constituted under this Act, or against any officer or servant of a Council or against any person acting under and in accordance with the directions of any such Council, committee, officer or servant or of a Magistrate.

(1) No suit shall lie against a Council or against any committee constituted under this Act, or against any officer or servant of a Council in respect of any act done in pursuance or execution or intended execution of this Act, or in respect of any alleged neglect or default in the execution of this Act,— (a) unless it is commenced within six months next after the accrual of the cause of action; and (b) until the expiration of one month after notice in writing has been, in the case of a Council or its committee, delivered or left at the municipal office and, in the case of an officer or servant of a Council, delivered to him or left at his office or place of abode; and all such notices shall state with reasonable particularity the causes of action and the name and place of abode of the intending plaintiff and of his advocate, pleader or agent, if any, for the purpose of the suit. (2) At the trial of any such suit,— (a) the plaintiff shall not be permitted to adduce evidence relating to any cause of action save such as is set forth in the notice delivered or left by him as aforesaid; (b) if the suit be for damages and if tender of sufficient amends shall have been made before the action was brought, the plaintiff shall not recover more than the amount so tendered and shall pay all costs incurred by the defendant after such tender. (3) If the defendant in any such suit is an officer or servant of a Council payment of any sum or part thereof payable by him in or in consequence of the suit may, with the sanction of the Council, be made from the municipal fund. (4) Nothing in clause (a) and (b) of sub-section (1) shall apply to any suit under section 38 of the Specific Relief Act, 1963 or under sub-section (1) or (2) of section 92 of this Act.

(1) Any police officer may arrest any person committing in his view any offence against any of the provisions of this Act or of any rule or of any bye-law made thereunder, if the name and address of such person is unknown to him, and if such person declines to give his name and address or if the police officer has reason to doubt the accuracy of such name and address if given; and such person may be detained at the station house until his name and address have been correctly ascertained: Provided that no person arrested shall be detained without the order of a Magistrate longer than shall be necessary for producing him before a Magistrate, or than twenty four hours of his arrest, whichever is longer. (2) It shall also be the duty of all police officers to give immediate information to the Council of the commission of any offence against the provisions of this Act or of any rule or bye-law made thereunder and to assist all municipal officers and servants in the exercise of their lawful authority.