State Act

THE UTTAR PRADESH MUNICIPAL CORPORATION ACT, 1959

564- (1) The Mukhya Nagar Adhikari may- (a) take, or withdraw from proceedings against any person who is Charged with- (i) any offence against this Act or any rule, regulation or bye-law; (ii) any offence which affects or is likely to affect any property or interest of the [Corporation]1 or the due administration of this Act; (iii) committing any nuisance whatever; [(b) subject to any general or special orders of the State Government in this behalf, compound any offence punishable under this Act, or rules, bye-laws or regulations made thereunder, either before or after the institution of the prosecution, on realisation of such amount of composition fee as he thinks fit not exceeding the maximum amount of fine fixed for the offence and where the offence is so compounded:- (i) before the institution of the prosecution; the offender shall not be liable to prosecution from such offence, and shall, if in custody, be set at liberty; (ii) after the institution of the prosecution the composition shall amount to acquittal of the offender.]1 (c) defend any election petition brought under the Act or any other proceeding relating to elections under the Act if he or the [Corporation]2 or any other [Corporation]2 authority is sued; or (d) defend, admit or compromise any appeal against an annual value or tax brought under section 472 ; (e) take, withdraw from or compromise, proceedings under sub-section (2) of section 470, sub-sections (3) and (4) of section 522 and section 481 and for the recovery of expenses or compensation claimed to be due to the [Corporation]2 ; (f) withdraw from or compromise any claim for a sum not exceeding five hundred rupees against any person in respect of a penalty under a contract entered into with such person by the Mukhya Nagar Adhikari or, with the approval of the Executive Committee, any such claim for any sum exceeding five hindered rupees; (g) defend any suit or other legal proceedings brought against the [Corporation]2 or against the Mukhya Nagar Adhikari or a [Corporation]2 officer or servant in respect of anything done or omitted to be done by them, respectively, in their official capacity; (h) with the approval of the Executive Committee admit or com-promise any claim, suit or legal proceeding brought against the [Corporation]2 or against the Mukhya Nagar Adhikari or a [Corporation]2 officer or servant in respect of anything done or omitted to be done as aforesaid (i) with the like approval, institute and prosecute any suit or with- draw from or compromise any suit or any claim, other than a claim of the description specified in clause (f), which has been instituted or made in the name of the [Corporation]2 or the Mukhya Nagar Adhikari ; (j) obtain and pay for such legal advice and assistance as he may, from time to time, think it necessary or expedient to obtain or as he may be desired by the [Corporation]2 or the Executive Committee to obtain, for any of the purposes mentioned in the fore-going clauses of this sub-section or for securing the exercise or discharge of any power or duty vesting in or imposed upon any [Corporation]2 authority or any [Corporation]2 officer or servant: Provided that the Mukhya Nagar Adhikari shall not defend any suit or legal proceeding under clause (g) without first of all taking legal advice with regard thereto, and shall institute and prosecute any suit which the [Corporation]2 shall determine to have instituted and prosecuted.