Section 490 in The Coimbatore City Municipal Corporation Act, 1981
490. Provisions respecting institution, etc., of civil and criminal actions and obtaining legal advice.
- Subject to such restrictions and control as may be prescribed, the Commissioner may-(a)take, or withdraw from, proceedings, against any person who is charged with-(i)any offence against this Act the rules, by-laws 01: regulations made under it;(ii)any offence which affects or is likely to affect any property or interest of the corporation or the due administration of this Act;(iii)committing any nuisance whatsoever.(b)compound any offence against this Act, the rules, by-laws or regulations made under it which may be rules made by the Government, be declared compoundable;(c)defend himself if sued or joined as a party in any proceeding in respect of the conduct of elections or in respect of the electoral roll;(d)defend or compromise any appeal against an assessment or tax;(e)take, withdraw from or compromise proceedings under sections 479 and 487 for the recovery of the expenses or compensation claimed to be due to the corporation;(f)withdraw or compromise any claim for a sum not exceeding five hundred rupees against any person in respect of a penalty payable under a contract entered into with such person by the Commissioner, or with the approval of the standing committee, any such claim for any sum exceeding five hundred rupees;(g)with the approval of the council, defend any suit or other legal proceeding brought against the corporation or against any municipal authority, officer or servant in respect of anything done or omitted to be done by them, respectively in their official capacity;(h)with the approval of the standing committee compromise any claim, suit or other legal proceeding brought against the corporation or against any municipal authority, officer or servant in respect of anything done or omitted to be done as aforesaid;(i)with the approval of the standing committee institute and prosecute any suit or withdraw from or compromise any suitor claim, other than a claim of the description specified in clause(f), which has been instituted or made in the name of the corporation or of the Commissioner;(j)obtain such legal advice and assistance as he may from time to time think if necessary or expedient to obtain or as may desired by1 [the council, the standing committee or the wards committee] [Substituted by Tamil Nadu Municipal Corporation Laws (Amendment and Special Provision) Act, 1994 (Tamil Nadu Act 26 of 1994).] to obtain, for any of the purposes mentioned in the foregoing clauses of this section or for securing the lawful exercise or discharge of any power or duty vesting in or imposed upon any municipal authority, officer or servant:Provided that where the council or the standing committee shall refuse to accord its approval for the legal advice, the Commissioner shall refer the matter to the Government who shall, after consulting the council, pass such orders, directions as the deem fit and the council or Commissioner shall give effect to such order or direction.Protecting Clauses
