Legal proceedings.

Institution of suits against municipal authorities officers and servants.(1) No suit shall be instituted against the municipal council any municipal authority, officer or servant, or any person acting under the direction of the same in respect of any act done or purporting to be done in pursuance or execution or intended execution of this Act or any rule, bye-law, regulation or order made thereunder or in respect of any alleged neglect or default in the execution of this Act, or any rule,

• • 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). bye-law, regulation, or order made thereunder until the expiration of two months after a notice has been delivered or left at the municipal office or at the place of abode of such officer, servant or person, stating the cause of action, the relief sought and the name and the place of abode of the intending plaintiff, and the plaint shall contain a statement that such notice has been so delivered or left.

1. (2) Every such suit shall be commenced within six months after the date on which the cause of action arose or in case of a continuing injury or damage during such continuance or within six months after the ceasing thereof.
2. (3) If any person to whom any notice is given under sub-section (1), tenders the amount due to the plaintiff before the suit is instituted, and if the plaintiff does not recover in any such action more than the amount so tendered he shall not recover any costs incurred after such tender by the person to whom such notice has been given, and the defendant shall be entitled to costs as from the date of tender.
3. (4) Where the defendant in any such suit is the Chairman, the Commissioner, or a municipal officer or servant, payment of the sum, or any part of any sum, payable by him in, or in consequence of, the suit whether in respect of costs, charges, expenses, compensation for damages or otherwise may be made, with the sanction of the council, from the municipal fund.
   • • 486. Provision respecting institution, etc., of civil and criminal actions and obtaining of legal advice.- (1) Subject to such restrictions and control as may be prescribed, the Commissioner may ---
   • (a) take, or withdraw from proceedings against any person who commits --
     • (i) any offence against this Act or the rules, bye-laws or regulations made thereunder;
     • (ii) any offence which affects or is likely to affect any property or interest of the municipal council or the due administration of this Act;
     • (iii) any nuisance whatsoever;
   • (b) compound any offence against this Act or the rules, bye-laws, or regulations made thereunder which may by rules made by the Government be declared, compoundable;
   • (c) with the approval of the council, take, withdraw from, or compromise, proceedings for the recovery of expenses or compensation claimed to be due to the municipal council;
   • (d) with the approval of the council, withdraw or compromise any claim against any person in respect of a penalty payable under a contract entered into with such person by the Commissioner;
   • (e) with the approval of the council, defend any suit or other legal proceedings brought against the municipal council or against any municipal authority, officer or servant in respect of anything done or omitted to be done in its or his official capacity;
   • (f) with the approval of the council, compromise any claim, suit or legal proceedings brought against the council or against any municipal authority, officer or servant in respect of anything done or omitted to be done as aforesaid;
   • (g) with the approval of the council, institute and prosecute any suit or withdraw from or compromise any suit or claim, which has been instituted or made in the name of the municipal council or of the Commissioner;
   • (h) 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 council to obtain, for any of the purposes mentioned in the foregoing clauses of this sub-section or for securing the lawful exercise or discharge of any power or duty vesting in or imposed upon any municipal authority or municipal officer or servant.
4. (2) (a) Where in any case the municipal council does not accord its approval under sub-section (1) before such date as may be specified in that behalf by the Commissioner, the Commissioner may report the case to the Government.
   • (b) The Government may, after giving the municipal council a reasonable opportunity to offer its views in the matter, make such order to give such directions as it may deem fit and such order, or directions shall be given effect to by the Commissioner and the municipal council.
     • • 487. Power of election authority to defend himself if sued.- The election authority may defend himself if sued or joined as party in any proceeding relating to the preparation or publication of electoral rolls or to the conduct of elections, as the case may be, and the expenses incurred by the election authority in so doing shall be payable from the municipal fund.
     • • 488. Injunctions not to be granted in election or assessment proceedings.- Notwithstanding anything contained in the Code of Civil Procedure, 1908 (Central Act 5 of 1908), or in any other law for the time being in force, no court shall grant any permanent or temporary injunction or make any interim order restraining any proceeding, which is being or about to be taken under this Act for the ---
   • (a) preparation or publication of electoral rolls,
   • (b) conduct of any election, or
   • (c) preparation, revision or amendment of assessment books.
     • • 489. Indemnity of the Government, Director, municipal authorities, officers and agents.- No suit shall be maintainable against the Government, the Director, any municipal Chairman, Commissioner, officer or servant or any person acting under the direction of the Director, any municipal Chairman, Commissioner, officer or servant, or of a Magistrate, in respect of anything in good faith done under this Act or any rule, bye-law, regulation or order made thereunder.
     • • 490. Liability of Chairman, members and Commissioner for loss, waste or misapplications.- (1) (a) The Chairman, every councillor and the Commissioner shall be liable for the loss, waste, or misapplication of any money or other property owned by or vested in the municipal council, if such loss, waste or misapplication is a direct consequence of his neglect or misconduct.
5. (2) If after giving the Chairman, councillor and the Commissioner a reasonable opportunity for showing cause to the contrary, an officer authorised by the Government is satisfied that the loss, waste or misapplication of any money or other property owned by or vested in the municipal council is a direct consequence of his misconduct or gross negligence, the officer so authorised shall, by order in writing, direct such person to pay to the municipality before a fixed date the amount required to be reimbursed to it for such loss, waste or misapplication.
6. (3) If the amount is not so paid, it shall be recovered in the manner prescribed under section 175 and credited to the fund of the municipality.
7. (4) (a) An appeal shall lie to the District Court against the order made under sub-section (2): Provided that no such appeal shall be entertained by such court unless it is brought within one month from the receipt by the concerned person of the order of the Director and the amount claimed has been deposited by him with the Commissioner.
   • (b) The District Court, after taking such evidence as it thinks necessary, may confirm, modify or remit such amount and make such order as to costs as it thinks proper.
     • • 491. Sanction for prosecution of Chairman, councillor or Commissioner.- When the Chairman, any councillor or the Commissioner is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction of the Government.
     • • 492. Assessments, etc., not to be impeached.- (1) (a) No assessment or demand made, and no charge imposed, under the authority of this Act shall be impeached or affected by reason of any clerical error or by reason of any mistake --
     • (i) in respect of the name, residence, place of business or occupation of any person, or
     • (ii) in the description of any property or thing, or
     • (iii) in respect of the amount assessed, demanded or charged: Provided that the provisions of this Act have been in substance and effect complied with.
   • (b) No proceedings under this Act shall be quashed or set aside by any court merely for defect in form. The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974.
8. (2) No suit shall be brought in any court to recover any sum of money collected under the authority of this Act or to recover damages on account of any assessment or collection of money made under the said authority: Provided that the provisions of this Act have been in substance and effect complied with.
9. (3) No distraint or sale under this Act shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, an account of any error, defect or want of form in the bill, notice, schedule, form, summon, notice of demand, warrant of distraint, inventory or other proceeding relating thereto if the provisions of this Act and of the rules and bye-laws made thereunder have been in substance and effect complied with: Provided that every person aggrieved by any irregularity may recover satisfaction for any special damage sub-stained by him. Police