New Delhi Municipal Council Act,1994
Act No : 44
Section :
Power to institute, etc., legal proceedings and obtain legal advice.
383. Power to institute, etc., legal proceedings and obtain legal advice. (1) The Chairperson may-- (a) take, or withdraw from, proceedings against any person who is charged with-- (i) any offence against this Act or any rules, regulation or bye-law made thereunder; or (ii) any offence which affects or is likely to affect any property or interest of the Council 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, compromise proceedings under sections 360, 361 and 362 for recovery of expenses or compensation claimed to be due to the Council; (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 Council or against the Chairperson or a municipal officer or municipal 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 Council admit or compromise any claim, suit or other legal proceeding brought against the Council or against the Chairperson or any officer or other 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 a contract entered into with such person by the Chairperson on behalf of the Council; (h) institute and prosecute any suit or other legal proceeding, or with the approval of the Council withdraw from or compromise any suit or any claim for any sum not exceeding five hundred rupees which has been instituted or made in the name of the council or the Chairperson; (i) obtain such legal advice and assistance as he from time to time thinks necessary or expedient to obtain or as he may be required by the Council 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 officer or other municipal employee.
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