(1) The Board or, with the authorisation of the Board, its Chairman or any other officer empowered in this behalf may compound any offence against this Act or any rule or bye-law made thereunder which under the law for the time being in force may legally be compounded.
(2) On payment of the amount by way of composition no further proceedings shall be taken or continued against Cognizance of offences.
Limitation for prosecutions.
Power to compound offence.
30 [Act No. XLIV of 1956] the defaulter in regard to the offence or alleged offence so compounded.
(3) Authorisation under sub-section (1) to accept composition for alleged offences may be given by the Board either generally in regard to all offences under this Act and the rules and bye-laws made thereunder or particularly in regard only to specified offences or a specified class of offences, and may, at any time be withdrawn by the Board.
55. No suit shall be maintainable against the Board or any member, officer or servant thereof or any person acting under the directions of any such Board, member, officer or servant in respect of anything lawfully and in good faith and with due care and attention done under this Act or any rule or bye-law made thereunder.
56. No suit shall be instituted against the Board or any member, officer or servant thereof or any person acting under the direction of any such Board, member, officer or servant for anything done or purporiing to be done under this Act, until after the expiration of two months next after a notice in writing, stating the cause of action, the name and place of abode of the intending plaintiff and the relief which he claims. Such notice shall be in the case of a Board delivered or left at its office and in the case of any such member, officer, servant or person as is aforesaid, delivered to him or left at his office or usual place of abode; and the plaint shall contain a statement that such notice has been so delivered or left.
57. Subject to rules made under this Act, a Board may compromise any suit instituted by or against it, or any claim or demand arising out of any contract entered into by it in accordance with this Act for such sum of money or other compensation as shall be deemed sufficient.
Bar of suit in respect of act done in good faith.
Bar of suit in absence of notice.
Power of Board to compromise suits.
[Act No. XLIV of 1956] 31
58. The Board shall have the powers of a Civil Court for the purpose of enforcing the attendance of witneses and compelling the production of documents; and every person required by the Board to furnish information before it shall be deemed to be legally bound to do so within the meaning of section 176 of the Indian Penal Code.
59. When any notice, bill, summons or other document is required by this Act, or by any rule, regulation or bye-law made thereunder to be served upon or issued or presented to any person or owner or occupier, such service, issue or presentation shall be made-
(a) by delivering or tendering to such person a copy thereof signed by the Executive Officer or any officer authorised is this behalf;
(b) if there are more than one owner or occupier, by delivering or tendering a copy thereof to any one of the owners or occupiers;
(c) wherever it is practicable, service shall be made on the addressee in person, unless he has an agent empowered to accept service, in which case, service on such agent shall be sufficient;
(d) in case the person does not reside within the limits of the Mining Settlement, service on any manager or agent, who at the time of service, personally carries on such business or works for such person within such limits, shall be deemed to be good service;
(e) where the person has no manager or agent empowered to accept service of the notice bill or summons on his behalf, service may be made on any adult male member of the family;
Powers of Board for obtaining evidence.
Mode of Service of notice, etc.
32 [Act No. XLIV of 1956]
Explanation:— A servant is not a member of the family within the meaning of this clause;
(f) where the serving officer delivers or tenders a copy thereof to the addressee personally, or to an agent or other person on his behalf, he shall require the signature of the person to whom the copy is so delivered or tendered to an acknowledgement of service endorsed on the original copy;
(g) where the person or his agent or such person as aforesaid refuses to sign the acknowledgement or where the service officer, after using all due and reasonable diligence, cannot find the person, and there is no agent empowered to accept service of the notice, bill or summons on his behalf, nor any other person on whom service can be made, the serving officer shall affix a copy thereof on the outer door or some other conspicuous part of the house in which the person to whom it is addressed, ordinarily resides or carries on business or personally works for gain, and shall then return the original to the Executive officer by whom it was issued, with a report endorsed thereon or annexed thereto, stating that he has so affixed the copy, the circumstances under which he did so, the name and address of the person (if any) by, whom the house was identified and in whose presence the copy was affixed;
(h) the serving officer shall, in all cases in which the notice, bill, or summons has been served under clause (e) endorse or annex or cause to be endorsed, or annexed, on or to the original copy thereof, return stating the time when and the manner in which it was served and the address of the person, if any, identifying the person served, and witnessing the delivery or tender of such notice, bill or summons.
[Act No. XLIV of 1956] 33
60. The Government may by notification delegate any of its powers under this Act except the power to make rules, to the Board or any authority which it may deem fit.
14[60-A. (1) The Government may, at the request of the Board or otherwise by notification declare that any of the provisions of the Telangana Municipalities Act, 1965, or of any rule made thereunder including those relating to taxation shall be extended to and be in force in the Mining Settlement or any specified area therein.
(2) The provisions so notified shall be construed with such alterations not affecting the substance as may be necessary or proper for the purpose of adapting them to the Mining Settlement or any special area therein.
(3) Without prejudice to the generality of the foregoing provision, all references to a council, 15[XXX] or Chairperson thereof shall be construed as references to Board, or Chairperson thereof, all references to any officer or employee of a council as references to the corresponding officer or employee of Board and all references to municipal limit as references to the limits of the Mining Settlement or the specified area therein, as the case may be.]
CHAPTER X.
Rules and Bye-laws.