Amendment status not verified — confirm the current text below against the official source.
Compensation to be paid by offenders against this Act for any damage caused by them.— (1) If, on account of any act or omission any person has been convicted of an offence against this Act or against any regulation or by-law made under this Act, and, by reason of the same act or omission of the said person, damage has occurred to any property of the corporation, compensation shall be paid by the said person for the said damage notwithstanding any punishment to which he may have been sentenced for the said offence. (2) In the event of dispute, the amount of compensation, payable by the said person shall be determined by the Magistrate before whom he was convicted of the said offence, and on nonpayment 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 inflicted by him on the person liable therefor. Recovery of expenses or compensation in case of dispute 5[503. In cases falling under section 491, dispute to be determined by the Chief Judge of the Small Cause Court.— (1) If, when the Commissioner 6[or the General Manager] demands payment of any expenses under section 491, his right to demand the same or the amount of the demand is disputed, or if, in the case of expenses incurred by the Commissioner in taking temporary measures, under sub- section (2) of section 329, the necessity for such temporary measures is disputed, the Commissioner 7[or the General Manager, as the case may be,] shall refer the case for the determination of the Chief Judge of the Small Cause Court. (2) Pending the Chief Judge’s decision the Commissioner 8[or the General Manager, as the case may be,] shall defer further proceedings for the recovery of the sum claimed by him and, after the decision, shall proceed to recover only such amount, if any, as shall be thereby ascertained to be due. 9[(3) The Commissioner or the General Manager may apply to the Chief Judge that, having regard to the amount under dispute, the person or persons should be directed to deposit in Court one-half of the amount under dispute; and thereupon the Chief Judge shall, as far as practicable, decide the application within fifteen days. (4) Where the Chief Judge, after hearing the person or persons concerned, passes an order directing deposit of one-half or such reasonable part of the amount under dispute as he may deem proper by a specified date, it shall be competent for the Commissioner or General Manager to withdraw the same.] 10[504. Amount of expenses or compensation to be determined in all cases of disputes by the Chief Judge of the Small Cause Court.— If, in any case not falling under section 491, any person is required by this Act, or by any regulation or by-law framed under this Act, to pay any expenses or any compensation, the amount to be so paid, and if necessary, the appointment of the same, shall, in case of dispute, be determined, except as is otherwise provided in sections 502 and 515, by the Chief Judge of 1 These words were inserted by Bom. 48 of 1948, s. 54. 2 These words were substituted for the original by Mah. 21 of 1989, s. 64. 3 These portion was substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 198. 4 These words were inserted by Bom. 48 of 1948, s. 54. 5 As to appeal to High Court from decision under s. 503 or s. 504. see Act 12 of 1888, s. 3. As to period of limitation for such appeals, see by Bom. 48 of 1948, s. 5. 6 These words were inserted by Bom. 48 of 1948, s. 55. 7 These words were inserted by Bom. 48 of 1948, s. 55. 8 These words were inserted by Bom. 48 of 1948, s. 55. 9 Sub-sections (3) and (4) were added by Mah. 21 of 1989, s. 65. 10 As to appeal to High Court from decision under s. 503 or s. 504, see Act 12 of 1888, s. 3. As to period of limitation for such appeals, see by Bom. 48 of 1948, s. 5. 1888 : III] The Mumbai Municipal Corporation Act 389 the Small Cause Court on application being made to him for this purpose at any time within one year from the date when such expenses or compensation first became claimable.