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State of Karnataka - Section

Section 483 in Karnataka Municipal Corporations Act, 1976

483. Provisions respecting institution, etc., of civil and criminal actions and obtaining legal advice.

- The Commissioner may,-
(a)take, or withdraw from, proceedings against any person who is charged with,-
(i)any offence against this Act, the rules, bye-laws or regulations;
(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, bye-laws or regulations which may by rules made by the Government be declared compoundable;
(c)defend himself if sued or joined as a party in assessment or tax;
(d)defend, or compromise any appeal against any proceeding in respect of the conduct of elections;
(e)take, with-draw from or compromise proceedings under sections 471 and 480 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)[x x x] [Omitted by Act 32 of 1986 w.e.f. 17.6.1986.] 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;
[Provided that he shall, within fifteen days from the date of taking action under this clause report to the corporation with regard to such action.] [Inserted by Act 32 of 1986 w.e.f. 17.6.1986.]
(h)with the approval of the standing committee, compromise any claim, suit or other legal proceedings 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 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 the Commissioner;
(j)obtain such legal advice and assistance as he may 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 clause 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.