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THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

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549. Assessment etc., not to be impeached.— (1) No assessment or demand madeand no charge imposed under this Act shall be impeached or affected by reason of any clericalerror or any mistake in respect of the name, residence, place of business or occupation of anyperson or in the description of any property or thing, or in respect of the amount assessed,demanded or charged, provided the provision of this Act have been substantially complied withand no proceedings under this Act shall, merely for defect in form, be quashed or set aside byany court.(2) No suit shall be instituted in any court to recover any sum of money collected underthis Act or to recover damages on account of any assessment, or collection of money somade, provided the provisions of this Act have been substantially complied with.(3) No distraint or sale under this Act shall be deemed unlawful, nor shall any personmaking the same be deemed as trespasser, on account of any error, defect or want or form inthe bill, notice, schedule, form summons, notice of demand, warrant of distraint, inventory orother proceedings relating thereto if the provisions of this Act, the rules and bye-laws havebeen substantially complied with:Provided that a person aggrieved by any irregularity shall be entitled to claim compensation fordamage sustained by him.550. Duties of police officer.— (I) It shall be the duty of every police officer-(a) to communicate without delay to the proper officer of a Municipality any informationwhich he receives of the design to commit or of the commission of any offence under this Actor any rule, bye-law or regulation made thereunder; and(b) to assist the Chairperson, the Secretary or any Officer or employee of a Municipalitydemanding his aid for the exercise of any power vested in them under this Act in or any rule,bye-law or regulation made thereunder.(2) Any Police Officer who omits or refuses to perform any duty imposed on him by this Actshall be deemed to have committed an offence under clause (d) of section 41 of the Kerala PoliceAct, 1960 (5 of 1960).551. Power of police officer to arrest persons.— (1) Where any police officer seesany person committing an offence against any of the provisions of this Act or of any rule or byelawmade thereunder he shall, if the name and address of such person are unknown to him andif the said person, on demand, declines to give his name and address or gives a name andaddress, which such officer has reason to believe to be false, arrest such person.(2) No person arrested under sub-section (1) shall be detained in custody-fa) afterhis true name and address are ascertained, or(b) without the order of a Magistrate, for any longer time, not exceeding twenty four hoursfrom the hour of arrest, than is necessary for producing him before a Magistrate.552. Exercise of powers of police officers, by employees of Municipality,— TheGovernment may, by order, empower any employee or any class of employees of a Municipality toexercise the powers of a police officer for the purposes of this Act.553. Application of term Public Servant to officers and employees of Municipality,agents and sub agents.— Every officer or employee of a Municipality, every contractor oragent for the collection of any municipal tax, fee or other sum due to the Municipality and everyperson employed by any such contractor or agent for the collection of such tax, fee or sum shallbe deemed to be a public servant within the meaning of section 21 of the Indian Penal Code,1860 (Central Act 45 of 1860).

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