545. Provision respecting institution, etc., of civil and criminal actions and obtaining of legal advice.
- The Secretary may-(a)institute, or withdraw from proceeding against any person who commits-(i)any offence against the provisions of this Act, or the rules, bye-laws or regulation made thereunder;(ii)any offence which affects or is likely to affect any property or interest of the Municipality, or the due administration of this Act;(iii)any nuisance whatsoever;(b)compound any offence against the provision of this Act or the rules, bye-laws or regulations made thereunder which are declared compoundable by or under this Act;(c)with the approval of the Council-(i)institute, withdraw from or compromise proceedings for the recovery of expenses or compensation claimed to be due to the Municipality;(ii)withdraw or compromise any claim against any person in respect of a penalty payable under a contract entered into with such person by the Secretary;{iii) defend any suit or other legal proceeding brought against the Municipality or against any municipal authority or officer or employee of the Municipality in respect of anything done or omitted to be done in official capacity;(iv)compromise any claim, suit or legal proceedings brought against the Municipality or against any municipal authority, officer or employee of the Municipality in respect of anything done or omitted to be done in official capacity;(v)institute any suit or withdraw from or compromise any suit or claim, which has even instituted in the name of the Municipality or of the Secretary;(d)obtain such legal advice and assistance as he may, from time to time, think necessary or expedient to obtain, or as he may be desired by the Council 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 or officer or employee of the Municipality.
