Bare ActsThe Gauhati Municipal Corporation Act, 1969

Section 395

Amendment status not verified — confirm the current text below against the official source.

(1) Any person who has been convicted of an offtnce against this Act or any rule or bye-law made thereunder shall, notwithstanding any punishment to which he may have been sentenced for the said offence be liable to pay such com­ pensation for any damage to the property of the Corporation resulting from the said offence as the Commissioner may consider reasonable. (2) In the event of a dispute regarding the amount of compensation payable under sub-section (J) such amount shall, on application made to him, be determined by the Magistrate before whom the said person was convicted of the said offence; and on non-payment of the amount of compensation so determined the same shall be recovered under a warrant from the said Magistrate as if it were a fine imposed by him on the person liable therefor. 208 Recovery of expenses or compensation in case of dispute. Reference t» the court of the Dis­ trict J»«<r i» f oertain CMC. when the Commissioner demands any expenses referred to in section 396.(1) If, payment of 390, his right to demand the samt or the amount of the demand is disputee within fourteen days after such demand, the Commissioner shall refer the case far determination to the Court of District Judge. Application to the court of District Judge in other cases. (2) The Commissioner, shall, pending the decision of any such reference, defer further proceedings for the recovery of the sum claimed by him and shall, after the decision, proceed to recover only such amount, if any, as is thereby declared to be due in manner referred to in section 890. 397.(1) Where, in any oase not provided for by section 895, the Corporation - or any municipal employee is required by this Act or any rule or bye­ law made thereunder to pay any expanses cr any compensation the amount to be so paid and if necessary, the apportionment of the same, shall, in cate of dispute be determined by the court of District Judge o» application having been made to it for this purpose at any time within three months from the date when such expenses or compensation first become claimable. 4 t Power to sue for ex­ penses • r compensa­ tion. (2) If the aneuHt of aay expenses or compen­ sation ascertained in accordance with sub-section (1) is not paid by the person liable therefore on demand it shall be recoverable as if the same were due under a decree passed by the Court of the District Judge in an sriginal suit fried by it. 398 Instead ®f proceeding in the manner aforesaid for the recovery cf any expenses or compen­ sation of which the amount due has been ascertained as hereinbefore provided, or after such proceedings have been taken unsuccessfully or with only partial suceess, the sum due or the balance of the sum due, as the case may be, may be recovered by a suit, brought against the person liable for the same in any court of competent jurisdiction. Recovery of certain dwoo w

Section 395 – The Gauhati Municipal Corporation Act, 1969 | DailyLaw.ai