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Section 476: Power to institute, etc., legal proceedings and obtain legal advice.

The Delhi Municipal Corporation Act, 1957Central Act · Act 66 of 1957

(1) The Commissioner may---

(a) take, or withdraw from, proceedings against any person who is charged with--

(i) any offence against this Act or any rule, regulation or bye-law made thereunder; or

(ii) any offence which affects or is likely to affect any property or interest of [[the Corporation]] or the due administration of this Act; or

(iii) committing any nuisance whatsoever;

(b) contest or compromise any appeal against rateable value or assessment of any tax or rate;

(c) take, or withdraw from, or compromise, proceedings under sections 451, 452 and 453 for the recovery of expenses or compensation claimed to be due to [[the Corporation]];

(d) withdraw or compromise any claim for a sum not exceeding one thousand rupees against any person;

(e) defend any suit or other legal proceeding brought against [[the Corporation]] or against the Commissioner or a municipal officer or other municipal employee in respect of anything done or omitted to be done by any one of them in his official capacity;

(f) with the approval of the Standing Committee [or the Wards Committee] admit or compromise any claim, suit or other legal proceeding brought against [[the Corporation]] or against the Commissioner or any municipal officer or other municipal employee in respect of anything done or omitted to be done as aforesaid;

(g) 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 on behalf of [[the Corporation]];

(h) institute and prosecute any suit or other legal proceeding or with the approval of the Standing Committee [or the Wards Committee] withdraw from or compromise any suit or any claim for any sum not exceeding five hundred rupees which has been instituted or made in the name of [[the Corporation]] or of the Commissioner;

(i) obtain such legal advice and assistance as he from time to time thinks necessary or expedient to obtain or as he may be required by the Corporation or the Standing Committee [or the Wards Committee] to obtain, for any of the purposes mentioned in the foregoing clauses or for securing lawful exercise or discharge of any power or duty vesting in or imposed upon any municipal authority or any municipal officer or other municipal employee.

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Where this provision sits

ActThe Delhi Municipal Corporation Act, 1957
Section476
Marginal notePower to institute, etc., legal proceedings and obtain legal advice.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Subs.by Delhi Act 12 of 2011. . Subs.by Delhi Act 12 of 2011, s. 2, for “the Corporation” (w.e.f. 13-1-2012).
  • substituted, Act 10 of 2022. . Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
  • substituted, Act 67 of 1993. . Subs. by Act 67 of 1993, s. 116, for “any of the appropriate municipal authorities” (w.e.f. 1-10-1993).
  • omitted, Act 67 of 1993. . Omitted by Act 67 of 1993, s. 118 (w.e.f. 1-10-1993).

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