Section 388 in Jammu and Kashmir Municipal Corporation Act, 2000
388. Powers to initiate legal proceedings etc and obtain legal advice.
- The Commissioner may :-(a)take, or withdraw from, proceeding against any person who is charged with ;(i)any offence against this Act or any rule, regulation or byelaw made thereunder ; or(ii)any offence which affects or is likely to affect any property or interst of the Corporation or the due administration of this Act, or(iii)committing any nuisance whatsoever ;(b)contest or compromise any appeal against rateable value or the assessment of any tax or rate ;(c)take, or withdraw from the compromise ; proceeding under section 376 for the recovery of expenses or compensation claimed to be due to the Corporation ;(d)withdraw or compromise any claim for a sum not exceeding one thousand rupees against any person ;(e)defend any suit or other legal proceeding brought against the Corporation or against the Commissioner or a Corporation employee in respect of anything done or omitted to be done by any one of them in his official capacity ;(f)with the approval of the Corporation, admit or compromise any claim, suit or other legal proceeding brought against the Commissioner or any Corporation officer or other Corporation employee in respect of anything done or omitted to be done as aforesaid ;(g)withdraw or compromise any claim against any person in respect of a penalty payable under contract entered into with such person by the Commissioner on behalf of the Corporation ;(h)obtain such legal advise and assistance as he may from time to time think necessary or expedient to obtain or as he may be required by the Corporation to obtain for any of the purposes mentioned in the foregoing clauses or for securing lawful exercise of discharge of any power or duty vesting in or imposed upon any municipal authority or any Corporation officer or other Corporation employee.
