The Chief Office of a Municipality may, a. take, or withdraw from, proceedings against any person, who is charged with, i. any offence which affects or likely to affect any interest of the Municipality or the due administration of this Act;
or
11. Committing any nuisance whatsoever 467 b. contest or compromise any appeal against assessment of any tax or rate, C. take, or withdraw from or compromise, proceedings for the recovery of expenses or compensation claimed to be due to the Municipality;
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 Municipality or against any Municipal authority or any officer or employee of the Municipal in respect or anything done or omitted to done by the Municipality or such authority or officer or employee under this Act or the regulations made thereunder in the official capacity;
f. with the approval of the Municipality compromise any claim, suit or other legal proceedings brought against the Municipality or any municipal authority or any officer or employee of the Municipality in respect of anything done or omitted to be done as aforesaid;
9- withdraw from or compromise any person in respect of a penalty payable under any contract entered into with such person by the Chief Officer on behalf of the Municipality;
h. institute or prosecute any suit or other legal proceedings or with the approval of the Municipality, withdraw fro or compromise any suit or claim, other than a claim referred to in clause (d), instituted or made, as the case may be, in the name of the Municipality or the Chief Officer, and i. obtain, for any the purposes mentioned in the foregoing clauses of this section or for securing lawful exercise of discharge of any power or duty vesting in or imposed upon any municipal authority or any officer or employee of the Municipality or standing committee, to obtain.
468. Bar of jurisdiction of civil courts
1. Save as otherwise provided in this Act, no civil Court shall have any jurisdiction to entertain or decide any question relating to matters arising under this Act or the rules made thereunder.
2. Every order.
468 a. passed by any authority, which is subject to appeal or revision under this Act;
b. passed on such appeal or revision; and C. passed by the be questioned on appeal or revision, shall be final and shall not be questioned in any Court.
3. No Civil Court shall have jurisdiction to entertain any suit or proceedings in respect of any matter the cognizance of which can be taken and disposed of by any authority empowered in this behalf by the Act or the rules made thereunder'
469. Members and Officers of the Municipality to be public servants:
Every member, the Chief Officer of the Municipality and every other officer of the Municipality shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1960 (Act No. 45 of 1860).
Chapter - II Offences and Penalty
470. Punishment for certain offences, - Whoever,- a. contravenes any provision of any of the sections, sub-sections, clauses, provisions or other provisions of this Act, or b. fails to comply with any order lawfully given to him or any requisition lawfully made upon him under any of the said sections, sub-sections clauses, provisos or other provisions shall be punishable,
(i) with fine, which may extend to the amount or with the imprisonment for a term which may extend to the period, specified in that behalf or with both, and
(ii) in the case of continuing contravention or failure, with an additional fine which may extend to the amount specified in this for every day during which such contravention or failure continues after conviction for the first such contravention or failure.
471. Gene aI Whoever, in any case, in which a penalty is not expressly provided by this Act, fails to comply with any notice, order or requisitions, issued under any 469 provision thereof, or otherwise contravenes any of the provision of this Act, shall be punishable with.
a. fine which may extend to Rs. 2,000/- b. an additional fine in the case of continuing failure or contravention up to one-tenth of the maximum fine, specified in clause (a) for every day after the first failure or contravention, as the case may be for the period, during which such failure or contravention continues to be made.
472. Punishment of imprisonment in default or payment of fine.
In every case where, under this Act, and offence is punishable with fine, or with imprisonment or fine, or with both and a person is sentenced by any Court having jurisdiction to pay a fine, it shall be competent for such Court to direct that in exceeding six months
473. Offences by Companies Where an offence under this Act has been committed by a company, every person who, at the time, the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
2. Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of, any director, manager, secretary or other officer, of the company, such director, manager, secretary or other officer, shall also be deemed to be guilty of that offence, and shall be liable to be proceeded against and punished accordingly.
Explanation :- For the purposes of this section, a. "Company means a body corporate, and includes a firm or other association of individuals, and b. Director in relation to a firm means a partner in the firm 470
474. Prosecution.
Save as otherwise provided in this Act, no Court shall try any offence punishable by or under Act or any rule or any, regulation made thereunder except on the complaint or upon information received from the Chief Officer of the Municipality or any other officer of the Municipality authorised by it in this behalf.
475. Composition of offences:
1. The Chief Officer of any person authorised by him by general or special order in this behalf, may either before or after the institution of the proceedings compound any offence made punishable by or under this Act:
Provided that no offence shall be compound able which is committed by failure to comply with a notice, order or requisition issued by or on behalf of the Municipality or any of the Municipal authorities unless and until the same has been complied with so far as the compliance is possible.
2. Where an offence has been compounded the offender, if in custody shall be discharged and no further proceedings shall be taken against him in respect of the offence so compounded.
476. Protection of action of the Municipality etc,- No suit or prosecution shall be entertained in any court against the Municipality or against the Chief Officer of the Municipality or against any other officer or employee of the Municipality or against any person acting under the order or direction of the Municipality or the Chief Officer or any other officer or employee of the Municipality for anything which is in good faith done or intended to be done, under this Act or any rule or regulation made thereunder.