404. Power to institute etc. legal proceeding and to obtain legal advice.
- The Chief Municipal Officer may-(a)take, or withdraw from, proceeding against any person who is charged with-(i)any offence under this Act or any rules or regulations made thereunder, or(ii)any offence which affects, or is likely to affect, any property or interest of the Municipality or the due administration of this Act, or(iii)committing any nuisance whatsoever, or(b)contest or compromise any appeal against assessment of any tax or rate, or(c)take, or withdraw from, or compromise, any proceeding under this Act for the recovery of expenses or compensation claimed to be due to the Municipality, or(d)withdraw or compromise any claim for a sum not exceeding one thousand rupees against any person, or(e)defend any suit or other legal proceeding brought against the Municipality or against any municipal authority or any officer or other employee of the Municipality in respect of anything done or omitted to be done by the Municipality or such municipal authority or officer or other employee under this Act or the rules or the regulations made thereunder in the official capacity, or(f)compromise, with the approval of the Empowered Standing Committee or, where there is no Empowered Standing Committee, with the approval of the Municipality, any claim, suit or other legal proceeding brought against the Municipality or any municipal authority or any officer or other employee of the Municipality in respect of anything done or omitted to be done under any of the foregoing clauses of this Section, or(g)withdraw from, or compromise, any claim against any person in respect of a penalty payable under any contract entered into with such person by the Chief Municipal Officer on behalf of the Municipality, or(h)institute or prosecute any suit or other legal proceeding or, with the approval of the Empowered Standing Committee, or where there is no Empowered Standing Committee, with the approval of the Municipality, withdraw from, or compromise, any suit or claim, other than a claim referred to in clause (d), instituted or made, as the case may be, in the name of the Municipality or the Chief Municipal Officer, or(i)obtain, for any of the purposes mentioned in the foregoing provisions of this Section or for securing lawful exercise or discharge of any power or duty vested in, or imposed upon, any Municipal Authority or any officer or other employee of the Municipality, such legal advice and assistance as he may, from time to time, consider necessary or expedient, or as he may be required by the Municipality or the Empowered Standing Committee, to obtain.
