Section 481 in The Maharashtra Municipal Corporations Act, 1949
481. Provisions respecting institution etc. of civil and criminal actions and obtaining legal advice. - (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;(ii)any offence which affects or is likely to affect any property or interests of the Corporation or the due administration of this Act;(iii)committing any nuisance whatever;(b)compound any offence against this Act or any rule, regulation or byelaw which under the law for the time being in force may legally be compounded;(c)defend any election petition brought under section 16;(d)defend, admit or compromise any appeal against a rateable value [or a capital value, as the case may be] or tax brought under section 406;(e)take, withdraw from or compromise, proceedings under sub-section (2) of section 402, sub-sections (3) and (4) of section 439 and sections 391 and 416 for the recovery of 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)defend any suit or other legal proceedings brought against the Corporation or against the Commissioner or a municipal 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, admit or compromise any claim, suit or legal proceeding brought against the Corporation , r against the Commissioner or a municipal officer or servant, in respect of am '.hing done or omitted to be done as aforesaid;(i)with the like approval, institute and prosecute any suit or withdraw from or compromise any suit or any 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 and pay for such legal advice and assistance as he may, from time to time, think it necessary or expedient to obtain or as he may be desired by the Corporation or the Standing Committee to obtain, for any of the purposes mentioned in the foregoing clauses of this sub-section or for securing the exercise or discharge of any power or duty vesting in or imposed upon any municipal authority or any municipal officer or servant:Provided that the Commissioner shall not defend any suit or legal proceeding under clause (g) without first of all taking legal advice with regard thereto, and shall institute and prosecute any suit which the Corporation shall determine to have instituted and prosecuted.(2)In relation to legal proceedings arising out of the acquisition, extension, administration, operation and maintenance of the Transport Undertaking the provisions of sub-section (1) shall apply as if for the word "Commissioner" the words "Transport Manager" and for the words "Standing Committee" the words "Transport Committee" had respectively been substituted.General
