THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

545. Provision respecting institution, etc., of civil and criminal actions and obtaining of legal advice.—The Secretary may-(a) institute, or withdraw from proceeding against any person who commits-(i)any offence against the provisions of this Act, or the rules, bye-laws or regulation madethereunder;(ii) any offence which affects or is likely to affect any property or interest of theMunicipality, or the due administration of this Act;(iii) any nuisance whatsoever;(b) compound any offence against the provision of this Act or the rules, bye-laws orregulations made thereunder which are declared compoundable by or under this Act;(c) with the approval of the Council-(i) institute, withdraw from or compromise proceedings for the recovery of expenses orcompensation claimed to be due to the Municipality;(ii) withdraw or compromise any claim against any person in respect of a penalty payableunder a contract entered into with such person by the Secretary;{iii) defend any suit or other legal proceeding brought against the Municipality or against anymunicipal authority or officer or employee of the Municipality in respect of anything done or omitted tobe done in official capacity;(iv) compromise any claim, suit or legal proceedings brought against the Municipality oragainst any municipal authority, officer or employee of the Municipality in respect of anything doneor omitted to be done in official capacity;(v) institute any suit or withdraw from or compromise any suit or claim, which has iveninstituted in the name of the Municipality or of the Secretary;(d) obtain such legal advice and assistance as he may, from time to time, think necessaryor expedient to obtain, or as he may be desired by the Council to obtain, for any of thepurposes mentioned in the foregoing clauses of this section or for securing the lawful exerciseor discharge of any power or duty vesting in or imposed upon any municipal authority orofficer or employee of the Municipality.546. Indemnity to the Government, Municipal authorities, officers and agents.—No suit shall be maintainable against the Government, any officer of the Government or anyChairperson, Secretary, officer or employee or any person acting under the direction of any Chairpersonor Secretary, officer or employee of a Municipality in respect of anything in good faith done under thisAct or any rule, bye-law, regulation or order made under it.547. Liability of Chairperson, Secretary and Councillors for loss, waste ormisapplication.— (1) Notwithstanding anything contained in section 67, the Chairperson, every Councillor andthe Secretary shall be liable for the loss, waste or misapplication of any money or other property owned byor vested in a Municipality if such loss, waste or misapplication is a direct consequence of their neglect ormisconduct and a suit for compensation may be instituted against them by the Municipality or by anytax-payer of the Municipal area.(2) Every such suit shall be instituted within three years after the date on which thecause of action arose.548. Sanction for prosecution of Chairperson, Secretary or Councillor.— Wherethe Chairperson, any Councillor or the Secretary of a Municipality is accused of any offencealleged to have been committed by him while acting or purporting to act in the discharge of hisofficial duty, no court shall take cognizance of such offence except with the previous sanction ofthe Government.