The Greater Hyderabad Municipal Corporation Act, 1955
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Chapter XXII Chapter XXII
680. Supplemental Provisions.
Members, etc., to be deemed to be public servants The Commissioner and Deputy Commissioner and every #[member] and every officer or servant appointed under this Act and every person appointed to make a valuation under sub-section (1) of section 285, and every contractor or agent for the collection of any Municipal Tax and every servant or other person employed by any such contractor or agent, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860.
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681. Co-operation of Police
- (1) The Commissioner of Police shall, as far as may be, co-operate, by himself and through his subordinates, with the Commissioner for carrying into effect and enforcing the provisions of this Act and for the maintenance of good order in the city.
- (2) It shall be the duty of every Police officer in the city to communicate without delay to the proper municipal officer any information which he receives of a design to commit or of the commission of any offence against this Act or against any rule or bye-law made under this Act, and to assist the Commissioner, or any Municipal officer or servant, reasonably demanding his aid for the lawful exercise of any power vesting in the Commissioner or in such Municipal officer or servant under this Act.
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682. Assistance for the recovery of rent on land
For the purpose of the recovery of any amount due on account of rent from any person to a Corporation in respect of any land vested in or otherwise held by such Corporation, the Corporation shall be deemed to be a superior holder and every such person an inferior holder of such land, within the meaning of sections 72 and 73 of [the Telangana Land Revenue Act, 1317 F.] and the Corporation as superior holder shall be entitled, for the recovery of every such amount, to all the assistance to which under the said section a superior holder is entitled for the recovery of rent or land revenue payable to him by an inferior holder.
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683. Measurement of distances
The distance mentioned in this Act shall be measured in a straight line on a horizontal plane.
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684. Informalities and errors in assessments, etc., not to be deemed to invalidate such assessment, etc
- (1) Any informality, clerical error, omission or other defect in any assessment made or in any distress levied or in any notice, bill, schedule, summons or other document issued under this Act, or under any rule or bye-law made thereunder, may at any time, as far as possible be rectified.
- (2) No such informality, clerical error, omission or other defect shall be deemed to render the assessment, distress, notice, bill, schedule, summons or other document invalid or illegal, if the provisions of this Act and of the rules and bye-laws made thereunder have in substance and effect been complied with; but any person who sustains any special damage by reason of any such informality, clerical error, omission or other defect shall be entitled to recover compensation for the same by suit in a Court of competent jurisdiction.
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685. Protection of persons acting under this Act against suits
- (1) No suit shall be instituted against the Corporation or against the Commissioner or a Deputy Commissioner or against any officer or servant, appointed under this Act, 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) until the expiration of one month next after notice in writing has been, in the case of the Corporation, left at the Chief Municipal Office and in the case of the Commissioner or of a Deputy Commissioner or of a Municipal Officer or servant delivered to him or left at his office or place of abode, stating with reasonable particularity the cause of action and the name and place of abode of the intending plaintiff and of his attorney or agent, if any, for the purpose of such suit; or
- (b) unless it is commenced within six months next after the accrual of the cause of action.
- (2) At the trial of any such suit—
- (a) the plaintiff shall not be permitted to go into evidence of any cause of action except such as is set forth in the notice delivered or left by him as aforesaid;
- (b) the claim, if it be for damages, shall be dismissed if tender of sufficient amends shall have been made before the suit was instituted or if, after the institution of the suit, a sufficient sum of money is paid into Court with costs.
- (3) Where the defendant in any such suit is a Municipal Officer or servant, payment of the sum or of 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 previous sanction of the Standing Committee from the Municipal Fund.
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686. Savings in respect of certain provisions of the Telangana Land Revenue Act, 1317 F
Notwithstanding the provisions of sections 50, 57, 61 and 62 of [the Telangana Land Revenue Act, 1317 F.—
- (i) the use of any land for any purpose to which it may lawfully be put under the provisions of this Act, shall not be prohibited;
- (ii) it shall be sufficient for any occupant of land assessed or held for the purpose of agriculture to show to the satisfaction of the Collector that he has complied with all the requirements of this Act and of the rules, regulations and bye-laws to entitle such occupant to permission under section 61 of the said Land Revenue Act subject to the condition of the payment of altered assessment and fine, if any, for the use of his holding or part thereof for any purpose unconnected with agriculture.
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686A. Construction of references in other Acts
[686-A. Any reference to the Hyderabad Municipal Corporations Act, 1955 in any law for the time being in force in the State of *Telangana shall be construed to be a reference to the Greater Hyderabad Municipal Corporation Act, 1955.]
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