Provisions respecting institution, etc., of civil and criminal actions and obtaining legal advice

(1) The Commissioner may—

1. (a) take, or withdraw from, proceedings against any person who is charged with—
   • (i) any offence against this Act;
   • (ii) any offence which affects or is likely to affect any property or interest of the corporation or the due administration of this Act;
   • (iii) committing any nuisance whatsoever;
2. (b) compound any offence against this Act, which under the law at the time being in force may legally be compounded;
3. (c) defend any election petition brought under section 33;
4. (d) defend, admit or compromise any appeal against a rateable value 6[or the capital value as the case may be] or tax brought under section 217;
5. (e) take, withdraw from, or compromise, proceedings under section 502 sub-section (2), 503, 504 and 505, for the recovery of expenses or compensation claimed to be due to the Corporation;
6. (f) withdraw or compromise any claim for a sum not exceeding five hundred rupees against any person in respect of a penalty payable under a contract entered into with such person by the Commissioner, or, with the approval of 7[the Standing Committee] any such claim for any sum exceeding five hundred rupees;
7. (g) defend any suit or other legal proceeding brought against the Corporation or against the Commissioner or a Deputy Commissioner or a Municipal officer or servant in respect of anything done or omitted to be done by them, respectively, in their official capacity;
8. (h) with the approval of 8[the Standing Committee] admit or compromise any claim, suit or legal proceeding brought against the Corporation or against the Commissioner or a Deputy This sub-section was substituted for the original by the Adaptation of Laws Order, 1950. Section 516A was inserted by Bom. 64 of 1953, s. 23. Section 516AA was inserted by Mah. 32 of 1962, s. 7. Section 516 AAA was inserted by Mah. 51 of 1975, s. 20. This section was added by Mah. 2 of 2012, s. 9. These words were inserted by Mah. 11 of 2009, s. 53. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 199(a). These words were inserted by Mah. 11 of 2009, s. 53.

394 The Mumbai Municipal Corporation Act [1888 : III

Commissioner or a Municipal officer or servant, in respect of anything done or omitted to be done as aforesaid;

1. (i) with the like approval, institute and prosecute any suit or withdraw from or compromise any suit or any claim, other than a claim of the description specified in clause (f), which has been instituted or made in the name of the Corporation or of the Commissioner.

1. (k) obtain such legal advice and assistance as he may from time to time think it necessary or

expedient to obtain or as he may be desired by the corporation or

1[the Standing Committee] to

obtain, for any of the purpose mentioned 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 any Municipal authority or any Municipal officer or servant:

1. (2) Provided that the Commissioner shall not defend any suit or legal proceeding under clause (g) without first of all taking legal advice with regard thereto, and shall institute and prosecute any suit which the corporation shall determine to have instituted and prosecuted. 2[(3) In relation to legal proceedings arising out of the acquisition, extension, administration, operation and maintenance of the 3[Brihan Mumbai Electric Supply and Transport Undertaking] (excepting proceedings, if any, arising out of the acquisition made with effect from the 7 th August 1947 of the said undertaking from the Bombay Electric Supply and Tramways Company Limited) the provisions of sub-sections (1) and (2) shall apply as if for the words “the Commissioner” the words “the General Manager” 4[and for the words “Standing Committee” the words “Brihan Mumbai Electric Supply and Transport Committee” had respectively been substituted.] 5[(4) In regard to legal proceedings arising out of the Corporation’s powers and duties under clause
   • (q) of section 61, the provisions of sub-section (1), shall apply as if for the words “Standing Committee” the words “Education Committee” had been substituted.]