Chapter X PROSECUTIONS, SUITS AND POWERS OF POLICE

(1) The municipal council may direct any prosecution for any public nuisance whatever, and may order 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, and may order the expenses of such prosecutions or other proceedings to be paid out of the municipal fund: Provided that no prosecution for an offence under this Act or rule or bye-law framed thereunder shall be instituted, except within six months next after the date of the commission of such offence, or the date on which the commission or existence of such offence was first brought to the notice of the Municipal Commissioner or Chief Officer. (2) Any prosecution under this Act or under any rule or bye-law made thereunder may, save as therein otherwise provided, be instituted before any magistrate of the first class, and every fine or penalty imposed under or by virtue of this Act or any rule or bye-law made thereunder, and also all claims to compensation or other expenses for the recovery of which no special provision is otherwise made in this Act, may be recovered on application to such 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. (3) In case any fine, costs, tax or other sum of money imposed, assessed or recoverable by a magistrate under this Act or under any rule or bye-law made thereunder, is not paid, the magistrate may order the offender to be imprisoned in default of payment subject to all the restrictions, limitations and conditions imposed in sections 64 to 70 (both inclusive) of the Indian Penal Code. (4) Any fine, costs, tax or sum imposed, assessed or recoverable by a magistrate under this Act, or any rule or bye-law made thereunder shall be recoverable by such magistrate, as if it were a fine imposed under the Code of Criminal Procedure, 1898 (Central Act V of 1898), and the same shall on recovery be paid to the municipal council.

(1) A municipal council may,— (a) compromise with any person who, in the opinion of the municipal council, has committed an offence punishable under this Act or any rule or bye-law thereunder and on such compromise, no proceedings shall be taken against such person in respect of such offence; (b) with the sanction of the Deputy Commissioner, withdraw from prosecutions instituted under this Act or under any rule or bye-law made thereunder; (c) compound any offence against this Act or against any rule or bye-law made thereunder which may, by rules made by the Government, be declared compoundable: Provided that the Government may make rules to regulate the proceedings of persons empowered to compromise offences under this section: Provided further that no offence shall be compoundable which is committed by failure to comply with a notice, order or requisition issued by or on behalf of the municipal council or of the Municipal Commissioner or Chief Officer unless and until the same has been complied with so far as the compliance is possible. (2) Where an offence has been compounded, the offender shall be discharged and no further proceedings shall be taken against him in respect of the offence so compounded.

Limitation for distraint, etc. No distraint shall be made and no prosecution shall be commenced in respect of any sum due to the municipal council under this Act after the expiration of a period of three years from the date on which such distraint might have been made or prosecution might first have been commenced, as the case may be, in respect of such sum.

Distress lawful, though defective in form. No distress levied 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 distress, 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 the municipal 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 the warrant accordingly.

In lieu of any process of recovery allowed by or under this Act or in case of failure to realise by such process the whole or any part of any amount recoverable under the provisions of Chapter VII, or of any compensation, expenses, charges or damages payable under this Act, it shall be lawful for a municipal council to sue in any court of competent jurisdiction the person liable to pay the same.

Power of compromise, etc. (1) The municipal council may compound or compromise in respect of any suit instituted by or against it or in respect of any claim or demand arising out of any contract entered into by it under this Act, for such sum of money or other compensation as it shall deem sufficient: Provided that, 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. (2) The municipal 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 officers, and servants under this Act. (3) The municipal fund shall be liable to pay the expenses of any civil proceedings prosecuted or defended on behalf of the municipal council.

Bar of suits against municipal area, its officers, servants, etc., for acts done in good faith. No suit shall lie in respect of anything in good faith done or intended to be done under this Act against any municipal council or against any committee constituted under this Act or against any officer or servant of a municipal council or against any person acting under and in accordance with the directions of any such municipal council, committee, officer or servant or of a magistrate.

Previous notice for suits, etc. (1) No suit shall be instituted against any municipal council, officer, servant or any person acting under the order or direction of such municipal council, officer or servant in respect of any act done or purporting to have been done in pursuance of this Act or any rule or bye-law made thereunder until the expiration of sixty days next after notice in writing, stating the cause of action, the nature of the relief sought, the amount of compensation claimed, the name and place of residence of the intending plaintiff and the relief which he claims, has been in the case of a municipal council delivered or left at its office, and in the case of such officer, servant, or person, delivered to him or left at his office or place of residence and unless the plaint contains a statement that such notice has been so delivered or left. (2) Nothing in this section shall be deemed to apply to a suit in which the only relief claimed is an injunction of which the object would be defeated by the giving of the notice or the postponement of the institution of the suit.

Powers and duties of Police Officers. (1) Any police officer may arrest any person who commits in his view any offence against any of the provisions of this Act, or of any rule or bye-law thereunder, if the name and address of such person be unknown to him, and if such person on demand declines to give his name and address or gives a name and address which such officer has reason to believe to be false. (2) No person so arrested shall be detained in custody after his true name and address are ascertained or without the order of the nearest magistrate for a period longer than twenty-four hours from the time of his arrest exclusive of the time necessary for the journey from the place of arrest to the court of such magistrate. (3) It shall be the duty of all police officers to give immediate information to the Municipal Commissioner or Chief Officer or any other appropriate municipal authority of the commission of, or the attempt to commit, 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.