Amendment status not verified — confirm the current text below against the official source.
Power to institute etc., legal proceedings and obtain legal advice. - The Commissioner may - (a) take, or withdraw from, proceedings against any person who is charged with- (i) any offence against this Act or ay rule regulation of bye-law made thereunder ; or (ii) any offence which affects or is likely to affect any property or interest 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 assessment of any tax or rate ; (c) take, or withdraw from or compromise, proceedings under sections 378, 379 and 380 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 officer or other 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 Corporation or against the Punjab Municipal Corporation Act, 1976, Section 393 151 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 pen- alty payable under contract entered into with such person by the Commis- sioner on behalf of the Corporation ; (h) institute and prosecute any suit or other legal proceeding or with the ap- proval of the Corporation withdraw from or compromise any suit or any claim for any sum not exceeding five hundred rupees which has been in- stituted or made in the name of the Corporation or of the Commissioner; (i) obtain such legal advice and assistance as he from time to time thinks nec- essary 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 or discharge of any power or duty vesting in or imposed upon any municipal authority or any Corporation officer or other Corporation employee. Section 394-A 1[394-A. Prosecutions. - Save as otherwise provided in this Act, no court shall try any offence may punishable by or under this Act or any rule or any bye-law made thereunder, except on the complaint of, or upon information received from the Commissioner, the Executive Officer, the Medical Officer of Health, the Mu- nicipal Engineer (Electricity) or any other officer of the Corporation authorised by it in this behalf. 394-B. Composition of offences. - (1) The Commissioner, the Executive, Of- ficer, the Medical Officer of Health, the Municipal Engineer (Electricity) or any other officer of the Corporation authorised by it in this behalf by a general or sope- cial order or a sub-committee of the Corporation appointed by it may, either before or after the institution of the proceedings, compound any offence made punishable by or under this Act, or any rule or any bye-law made thereunder : Provided that no offence shall be compoundable which is committed by failure to comply with a notice, order or requisition issued by or on behalf of any of the municipal authorities specified in section 46 unless and until the same has been complied with so far as the compliance is possible. (2) Where an offence has compounded, the offender, if in custody, shall be dis- charged and no further proceeding shall be taken against him in respect of the offence so compounded]. Section 395