{"act":{"id":"assam-municipal-corporation-act-2022","short_title":"The Assam Municipal Corporation Act, 2022","long_title":null,"act_number":"8","act_year":2022,"enact_date":null,"enforcement_date":null,"ministry":null,"department":null,"jurisdiction":"Assam","unit":"section","section_count":368,"in_force":true,"spent":false,"spent_note":null,"duplicate_of":null,"text_source":"ocr","scan_url":"https://indiacode.ecourtsindia.com/scan/4bdb8f2a-0dcc-4f76-9c7c-8d6da8ab50d9.pdf","url":"https://indiacode.ecourtsindia.com/assam-municipal-corporation-act-2022/"},"unit":"section","section":{"number":"338","heading":null,"text":"The Commissioner may- Code (a) take, or withdraw from, proceeding against any person who is charged with - (i) any offence under this Act or any rules or regulations made thereunder, or (ii) any offence which affects, or is likely to affect, any property or interest of the Corporation the or due administration of this Act, or (iii) committing any nuisance whatsoever, or (b) agree or disagree any appeal against assessment of any tax or rate, or (c) take, or withdraw from, or compromise, any proceeding under this Act for the recovery of expenses or compensation claimed to be due to the Corporation, or (d) withdraw or compromise any claim for a sum not exceeding one thousand rupees against any person, or (e) defend any suit or other legal proceeding brought against the Corporation or against any municipal authority or any officer or other employee of the Corporation in respect of anything done or omitted to be done by the Corporation or such municipal authority or officer or other employee under this Act or the rules or the regulations made thereunder in the official capacity, or (f) agree, with the approval of the Empowered Standing Committee or, where there is no Empowered Standing Committee, with the approval of the Corporation, any claim, suit or other legal proceeding brought against the Corporation or any municipal authority or any officer or other employee of the Corporation in respect of anything done or omitted to be done under any of the foregoing clauses of this section, or (g) withdraw from, or agree to, any claim against any person in respect of a penalty payable under any contract entered into with such person by the Commissioner on behalf of the Corporation, or (h) institute or prosecute any suit or other legal proceeding or, with the approval of the Empowered Standing Committee, or where there is no Empowered Standing Committee, with the approval of the Corporation, withdraw from, or compromise, any suit or claim, other than a claim referred to in clause (d), instituted or made, as the case may be, in the name of the Corporation or the Commissioner, or (i) obtain, for any of the purposes mentioned in the foregoing provisions of this section or for securing lawful exercise or discharge of any power or duty vesting in, or imposed upon, any municipal authority or any officer or other employee of the Corporation, such legal advice and assistance as he may, from time to time, consider necessary or expedient, or as he may be required by the Corporation or the Empowered Standing Committee, to obtain. Notice, limitation, and tender of amends in suits against Corporation etc.","html":"<p>The Commissioner may- Code (a) take, or withdraw from, proceeding against any person who is charged with - (i) any offence under this Act or any rules or regulations made thereunder, or (ii) any offence which affects, or is likely to affect, any property or interest of the Corporation the or due administration of this Act, or (iii) committing any nuisance whatsoever, or (b) agree or disagree any appeal against assessment of any tax or rate, or (c) take, or withdraw from, or compromise, any proceeding under this Act for the recovery of expenses or compensation claimed to be due to the Corporation, or (d) withdraw or compromise any claim for a sum not exceeding one thousand rupees against any person, or (e) defend any suit or other legal proceeding brought against the Corporation or against any municipal authority or any officer or other employee of the Corporation in respect of anything done or omitted to be done by the Corporation or such municipal authority or officer or other employee under this Act or the rules or the regulations made thereunder in the official capacity, or (f) agree, with the approval of the Empowered Standing Committee or, where there is no Empowered Standing Committee, with the approval of the Corporation, any claim, suit or other legal proceeding brought against the Corporation or any municipal authority or any officer or other employee of the Corporation in respect of anything done or omitted to be done under any of the foregoing clauses of this section, or (g) withdraw from, or agree to, any claim against any person in respect of a penalty payable under any contract entered into with such person by the Commissioner on behalf of the Corporation, or (h) institute or prosecute any suit or other legal proceeding or, with the approval of the Empowered Standing Committee, or where there is no Empowered Standing Committee, with the approval of the Corporation, withdraw from, or compromise, any suit or claim, other than a claim referred to in clause (d), instituted or made, as the case may be, in the name of the Corporation or the Commissioner, or (i) obtain, for any of the purposes mentioned in the foregoing provisions of this section or for securing lawful exercise or discharge of any power or duty vesting in, or imposed upon, any municipal authority or any officer or other employee of the Corporation, such legal advice and assistance as he may, from time to time, consider necessary or expedient, or as he may be required by the Corporation or the Empowered Standing Committee, to obtain. Notice, limitation, and tender of amends in suits against Corporation etc.</p>","words":443,"text_source":"ocr"},"classification":[],"instruments":[],"judgments":[],"corresponds_to":[],"url":"https://indiacode.ecourtsindia.com/assam-municipal-corporation-act-2022/section/338/","note":null,"source_note":"Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/4bdb8f2a-0dcc-4f76-9c7c-8d6da8ab50d9.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/610a677f-104b-48d6-a380-d50e09198f79/content).","judgments_note":"Judgment holdings are the ratio decidendi as extracted from the order by eCourts India, reproduced unaltered. Reported judgments only.","licence":"Published with commentary and other original matter under s.52(1)(q)(ii), Copyright Act 1957."}