Section 398 in Chennai City Municipal Corporation Act, 1919
398. Provisions respecting institution, etc., of civil and criminal actions and obtaining legal advice.
- [The Commissioner may] [Substituted for the words 'subject to the provisions of section 69, the commissioner may' by section 205 if the Madras City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).]-(a)take, or withdraw from, proceedings against any person who is charged with-(i)any offence against this Act, the rules, by-laws or regulations;(ii)any offence which affects or is likely to affect any or interest of the corporation or the due administration at this Act;(iii)committing any nuisance whatsoever;(b)compound any offence against this Act, the rules, by-laws or regulations which may by rules made by the [State Government] [The words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation 1 Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950.], 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 of tax; I(e)take, withdraw from or compromise proceedings under sections 388 and 395 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] [Substituted for 'central committee' by Tamil Nadu Act 22 of 1971.] 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 oi omitted to be done by them, respectively in their official capacity;(h)with the approval of the [standing committee] [Substituted for 'central committee' by Tamil Nadu Act 22 of 1971.] 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] [Substituted for 'central committee' by Tamil Nadu Act 22 of 1971.] institute and prosecute any suit or withdraw from or compromise any suit or 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 it necessary or expedient to obtain, or as he may be desired by [the council, the standing committee or the wards committee] [Substituted by the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provisions) Act, 1994 (Tamil Nadu Act 26 of 1994).] or any other committee 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.Protecting Clauses
