Relief to agent and to trustees

(1) When any person by reason of his receiving the rent of immovable property as agent, trustee, guardian, manager or receiver or of his being agent trustee, guardian, manager or receiver for the person who would receive the rent if the property were let to a tenant, would, under this Act, be bound to discharge any obligation imposed by this Act, or any rule, bye-law, regulation or order made thereunder, on the proprietor of the property and for the discharge of which money is required, he shall not be bound to discharge the obligation unless he has, or, but for his own improper act or default, might have had in his hands funds belonging to the proprietor sufficient for the purpose.

1. (2) The burden of proving the facts entitling a person to relief under this section lie on him.
2. (3) When any person has claimed and established his right to relief under this section, the Commissioner may give him notice to apply to the discharge of such obligation as aforesaid the first moneys which shall come to his hands on behalf or for the use of the proprietor; if he fails to comply with such notice, he shall be deemed to be personally liable to discharge such obligation.
   • • 478. Power of Commissioner to agree to receive payment of expenses in instalments.- Instead of recovering any such expenses as aforesaid in the manner provided under section 175, the Commissioner, may if he thinks fit, take an agreement from the person liable for the payment thereof, to pay the same in instalments of such amount and at such intervals as will secure the payment of the whole amount due with interest thereon at the rate of nine per centum per annum, within a period of not more than five years. Payment of compensation etc., by and to the municipality
   • • 479. Power of municipality to pay compensation.- In any case not otherwise expressly provided for in this Act, the Commissioner may, with the previous approval of the council, pay compensation to any person who sustains damage by reason of the exercise by any municipal authority, officer or servant of any of the powers vested in it or him by this Act or any other law, or by any rule, bye-law or regulation made thereunder. The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974.
   • • 480. Limitation for recovery of dues.- No distraint shall be made, no suit shall be instituted 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 last day of the period in respect of which such sum is claimed, or in case the same is not claimed in respect of any specific period, from the last day of the year in which the claim arose.
   • • 481. Procedure in dealing with surplus sale proceeds.- If any property, movable or immovable, is sold under the provisions of this Act, and if there is a surplus after the sum due to the municipal council and the costs have been deducted from the sale proceeds, such surplus shall, if is the owner of the property sold claims it within six months from the date of the sale, be paid to him by the Commissioner but if no such claim is preferred within such time, the said surplus shall be credited to the municipal fund and no suit shall lie for the recovery of any sum so credited.
   • • 482. Persons empowered to prosecute.- Save as otherwise expressly provided in this Act, no court shall take cognizance of any offence against the provisions of this Act, or of any rule, or bye-law made thereunder unless complaint is made by the Police or the Commissioner or by a person expressly authorised in this behalf by the council or the Commissioner within three months of the commission of the offence: Provided that ---
   • (a) nothing herein shall affect the provisions of the Code of Criminal Procedure, 1898**, in regard to the power of certain Magistrates to take cognizance of offences upon information received or upon their own knowledge or suspicion; and
   • (b) failure to take out a licence, obtain permission or secure registration under this Act, shall, for the purposes of this section, be deemed a continuing offence until the expiration of the period, if any, for which the licence permission or registration is required and if no period is specified, complaint may be made at any time within twelve months from the commencement of the offence.
     • • The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. ** Now, the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).