THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

fine or costs imposed or assessed by a Magistrate under this Act or any rule or bye-law made thereunderhas not been paid, the Magistrate may, subject to the provisions of section 64 to 70 (both inclusive) of theIndian Penal Code, 1860 (Central Act 45 of 1860) order the offender to he imprisoned in default of suchpayment.(2) Any fine or costs imposed or assessed by a Magistrate under sub-section (1) shall berecoverable by such Magistrate under the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) asif it were a fine imposed by him and the same shall on recovery be paid to the Municipality.543. Payment of compensation for damage to Municipal property.— (1) Where on account of any actor omission, any person has been convicted of an offence against the provisions of this Act or any rule orbye-law made thereunder and by reason of such act or omission, damage has been caused to any propertyowned by or vesting in the Municipality, the said person shall pay compensation for such damage,notwithstanding any punishment to which he may have been sentenced for the said offence.(2) Where there is dispute in respect of the amount of compensation payable by the personunder sub-section (1), the same shall, on an application made for the purpose, by the Secretary, not laterthan three months from the date of conviction, be determined by the court by which he was convicted ofthe said offence, and in default of payment of the amount of compensation so determined, the same shallbe recovered under a warrant issued from the said court as if it were a fine imposed by that court on theperson liable therefor.544. Institution of suits against municipal authorities, officers and otheremployees.— (1) No suit shall be instituted against a Municipality or any Municipal authority or any officeror other employee of a Municipality or against any person acting under the order or direction of aMunicipal Authority or any officer or employee of a Municipality in respect of any act done or purported tohave been done, in pursuance of this Act or any rule, regulation or bye-law made thereunder until theexpiration of two months after notice in writing to the Municipality and, in the case of such officer,employee or person, unless notice in writing has also been delivered to him in person or at his office orplace of residence, and unless such notice states explicitly the cause of action, the nature of the relief sought,the amount of compensation, claimed and the name and place of residence of the intending plaintiff, andunless the plaint contains a statement that such notice has been so delivered.(2) Nothing in sub-section (1) shall be deemed to apply to a suit in which the only reliefclaimed is an injunction which object would be defeated by the giving of the notice or thepostponement of the institution of the suit.(3) Every such suit shall be instituted within six months after the date on which thecause of action arose or in cases of continuing injury or damage, during such continuance orwithin six months after the causing thereof.(4) Where any person to whom any notice is given under sub-section (1), tendersamends to the plaintiff before the suit is instituted, and if the plaintiff does not recover in anysuch action more than the amount so tendered he shall not recover any costs incurred aftersuch tender by the person to whom such notice has been given and the defendant shall beentitled to costs as from the date of tender.(5) Where the defendant in any such suit is the Chairperson, the Secretary, an officeror other employee of a Municipality, payment of the sum, or any part thereof, payable by himin or inconsequence of the suit, whether in respect of costs, charges, expenses, compensationfor damages or otherwise, may be made with the sanction of the Council, from the municipalfund.72. Substituted for the words "within three months" by Act 14 of 1999, w.e.f. 24-3-1999.73. Substituted for the words "within twelve months" by Act 14 of 1999, w.e.f. 24-3-1999.