302. Fixation of reasonable time for compliance. -

Where any notice issued under any section of this Act or under any rule or bye-law requires an act to the done for which no time is fixed by such section or rule or bye-law, the notice shall specify a reasonable time for doing the same, and it shall rest with the Court to determine whether the time so specified was a reasonable time within the meaning of this section.

303. Service of notice. -

(1) Every notice or bill issued or prepared under any section of this Act or under any rule or bye-law shall, unless it is in such section or rule or bye-law otherwise expressly provided, be served or presented, -

(a) by giving or tendering the notice or bill, or sending it by post, to the person to whom it is addressed; or

(b) if such person is not found, then by giving the notice or bill at his last known place of abode, if within municipal limits, or by giving or tendering the notice or bill to some adult male member or servant of his family, or by causing the notice or bill to be fixed on some conspicuous part of the building or land (if any) to which the notice or bill relates.

(2) When a notice under this Act or under a rule or a bye-law is required or permitted by or under this Act, or under a rule or a bye-law to be served upon an owner or occupier of a building or land, it shall not be necessary to name the owner or occupier therein, and the service thereof, in cases not otherwise specially provided for in this Act, shall be effected either, -

(a) by giving or tendering the notice, or sending it by post, to the owners or occupier, or if there be more owners or occupiers than one, to any one of them; or

(b) if no such owner or occupier is found, then by giving or tendering the notice to an adult male member or servant of his family, or by causing the notice to be fixed on some conspicuous part of the building or land to which the same relates.

(3) Whenever the person on whom a notice or bill is to be served is a minor, service upon his guardian or upon an adult male member or servant of his family shall be deemed to be served upon the minor.

304. Method of giving public notice. -

Subject to the provision of this Act or of any rule, regulation or bye-law, in every case where public notice is to be given by a [Municipality], such notice shall be deemed to have been given if it is published in some local English or vernacular paper (if any) and posted upon the notice board to be exhibited for public information at the building in which the meetings of the [Municipality] are ordinarily held.

305. Defective form. -

No notice or bill shall be invalid for defect of form.

306. Disobedience to public notice or provision of Act applicable to the public. -

Where, by this Act or a notice issued thereunder, the public is required to do or to refrain from doing anything, a person who fails to comply with such requisition shall, if such failure is not an offence punishable under any other section, be liable on conviction by a Magistrate to a fine not exceeding [one thousand] rupees for every such failure, and, in the case of continuing breach, to a further fine which may extend to [twenty-five] rupees for every day after the date of the first conviction during which the offender is proved to have persisted in the breach.

307. Disobedience to notice issued to individual. -

If a notice has been given under the provisions of this Act or under a rule or bye-law to a person requiring him to execute a work in respect of any property, movable or immovable, public or private, or to provide or do, or refrain from doing anything within a time specified in the notice, and if such a person fails to comply with such a notice, then -

(a) the [Municipality] may cause such work to be executed or such thing to be provided or done, and may recover all expenses incurred by it on such account from the said person in the manner provided by Chapter VI; and further;

(b) the said person shall be liable, on conviction before a Magistrate, to a fine which may extend to [one thousand] rupees, and in case of continuing breach, to a further fine which may extend to [twenty-five rupees] for every day after the date of the first conviction during which the offender is proved to have persisted in the offence.

308. Liability of occupier to pay in default of owner. -

(1) If the person to whom the notice mentioned in Section 307 has been given, is the owner of the property in respect of which it is given, the [Municipality] may (whether any action or other proceeding has been brought or taken against such owner or not) require the person, if any, who occupies such property or a part thereof under such owner to pay to the [Municipality] instead of to the owner, the rent payable by him in respect of such property, as it fails due, upto the amount recoverable from the owner under Section 307; and any such payment made by the occupier to the [Municipality] shall, in the absence of any contract between the owner and the occupier to the contrary, be deemed to have been made to the owner of the property.

(2) For the purpose of deciding whether action should be taken under sub-section (1), the [Municipality] may require an occupier of property to furnish information as to the sum payable by him as rent on account of such property and as to the name and address of the person to whom it is payable and if the occupier refuses to furnish such information he shall be liable for the whole of the expenses as if he were the owner.

(3) All money recoverable by the [Municipality] under this section shall be recoverable in the manner provided by Chapter VI.

309. Right of occupier to execute works in default of owner. -

Whenever default is made by the owner of a building or land in the execution of a work required by or under this Act to be executed by him, the occupier of such building or land may, with the approval of the [Municipality], cause such work to be executed, and the expenses thereof shall, in the absence of any contract to the contrary, be paid to him by the owner, or the amount may be deducted out of the rent, from time to time, becoming due from him to such owner.

310. Procedure upon opposition to execution by occupier. -

(1) If, after receiving information of the intention of the owner of any building or land to take any action in respect thereof in compliance with a notice issued under this Act, the occupier refuses to allow such owner to take such action, the owner may apply to a Magistrate.

(2) The Magistrate upon proof of such refusal may make an order in writing requiring the occupier to allow the owner to execute all such works, with respect to such building or land, as may be necessary for compliance with the notice, and may also, if he thinks fit, order the occupier to pay to the owner the costs relating to such application or order.

(3) If, after the expiration of eight days from the date of Magistrate's order, the occupier continues to refuse to allow the owner to execute such work, the occupier shall be liable, upon conviction to a fine which may extend to twenty-five rupees for every day during which he has so continued to refuse.

(4) Every owner, during the continuance of such refusal, shall be discharged from any penalties to which he might otherwise have become liable by reason of his default in executing such works.

311. Recovery of cost of work by the occupier. -

When the occupier of a building or land has, in compliance with a notice issued under the provisions of this Act, executed a work for which the owner of such building or land is responsible, either in pursuance of the contract of tenancy or by law, shall, in the absence of any contract to the contrary, be entitled to recover from the owner by deduction from the rent payable by him or otherwise the reasonable cost of such work.

312. Recovery of expenses of removal by [Municipality] under Sections 211, 263, 264, 265 and 278. -

(1) The expenses incurred by the [Municipality] in effecting any removal under Section 263 or 265 or, in the event of a written notice under Sections 211, 263, 264 or 278 not being complied with under Section 307, shall be recoverable by sale of the materials removed, and if the proceeds of such sale do not suffice, the balance shall be recoverable from the owner of the said materials in the manner provided by Chapter VI.

(2) If the expenses of removal are in any case paid before the materials are sold, the [Municipality] shall restore the materials to the owner thereof, on his claiming the same at any time before they are sold or otherwise disposed of and on his paying all other expenses, if any, incurred by the [Municipality] in respect thereof, or in respect of the intended sale or disposal thereof.

(3) If the materials are not claimed by the owner thereof, they shall be sold by auction or otherwise disposed of as the [Municipality] thinks fit, as soon as conveniently may be after one month from the date of their removal, whether the expenses of the removal have in the meantime been paid or not; and the proceeds, if any, of the sale or other disposal shall, after defraying therefrom the costs of the sale or their disposal, and if necessary, of the removal, be paid to the credit of the municipal fund, and shall be the property of the [Municipality].

313. Relief to agents and trustees. -

(1) When a person, by reason of Iris receiving, or being entitled to receive, the rent of immovable property as trustee or agent of a person or society would, under this Act, be found to discharge an obligation imposed by this Act on the owner of the property and for the discharge of which money is required, he shall not be bound to discharge the obligation unless, he has, or but for his own improper act or default might have had, in his hands funds belonging to the owner sufficient for the purpose.

(2) When an agent or trustee has claimed and established his right to relief under this section, the [Municipality] may give him notice to apply to the discharge of such obligation as aforesaid the first moneys which come to his hands on behalf, or for the use of the owner, and should he fail to comply such notice, he shall be deemed to be personally liable to discharge such obligation.  

Prosecutions

314. Authority for prosecution. -

Unless otherwise expressly provided, no Court shall take cognizance of any of the offences punishable under this Act (whereof a list is given in Schedule VIII for the purpose merely of easier reference) or under any rule or bye-law, except on the complaint of, or upon information received from, the [Municipality] or some person authorised by the [Municipality] by general or special order in this behalf.

315. [Power to compound offences. -

(1) The Executive Officer or Medical Officer of Health of a] [Municipality] or in municipalities in which there is no Executive Officer or Medical Officer of Health, the president of a [Municipality] may either before or after the institution of proceedings, compound an offence against this Act or a rule or bye-law, except an offence described in Sections 237(4), 242, 246, 247, 281, 285(5) or 295 :

Provided that no offence shall be compoundable which is constituted by failure to comply with a written notice issued by or on behalf of the [Municipality], unless the notice has been complied with, in so far as compliance is possible.

(2) When an offence has been compounded, the offender, if in custody shall be discharged and no further proceedings shall be taken against him in respect of the offence so compounded.

(3) Sums paid by way of composition under this section shall be credited to the municipal fund.

316. Compensation for damage to municipal property. -

If through an act, neglect or default on account whereof a person shall have incurred a penalty imposed by or render this Act any damage to the property of the [Municipality] shall have been caused, the person incurring such penalty shall be liable to make good such damage as well as to pay such penalty; and the amount of damage shall, in case of dispute, be determined by the Magistrate by whom the person incurring such penalty is convicted, and on non-payment of such amount on demand the same shall be levied by distress, and such Magistrate shall issue his warrant accordingly.

317. Powers and duties of police in respect of offences and assistance to municipal authorities. -

Every police officer shall give immediate information to the [Municipality] of an offence coming to his knowledge which has been committed against this Act or against an Act referred to in clause (b) of sub-section (1) of Section 114, or against any rule made under any of the said Acts and shall be bound to assist all members, officers and servants of the [Municipality] in the exercise of their lawful authority. Appeals from orders of [Municipality] and suits against the [Municipality]

318. Appeals from order of [Municipality]. -

(1) Any person aggrieved by any order or direction made by [Municipality] under the powers conferred upon it by Sections 180(1), 186, [204], 205(1), 208, 211, [212], 222 (6), 241(2), 245, 278 and 285 or under a bye-law made under Heading 'G' of Section 298, may within thirty days from the date of such direction or order, exclusive of the time requisite for obtaining a copy thereof, appeal to such officer as the [State Government] may appoint for the purpose of hearing such appeals or any of them, or failing such appointment, to the District Magistrate. [* * *]

(2) The Appellate Authority may, if it thinks fit, extend the period allowed by sub-section (1) for appeal.

(3) No appeal shall be dismissed or allowed in part or whole unless reasonable opportunity of showing cause or being heard has been given to the parties.

319. Reference to High Court -

(1) If on the hearing of an appeal under Section 318 any question as to the legality of the promotion, direction, notice or order arises on which the officer hearing the appeal entertains reasonable doubt, he may, either of his own motion or on the application of any person interested, draw up a statement of facts of the case and the point on which doubt is entertained, and refer the statement, with his own opinion on the point, for the decision of the High Court.

(2) On a reference being made under sub-section (1), the subsequent proceedings in this case shall be as nearly as may be in conformity with the rules relating to references to the High Court contained in Order XLVI of the First Schedule of the Code of Civil Procedure, 1908 (Act V of 1908), or such her rules as are made by the High Court under Section 122 of that Code.

320. Costs. -

(1) The Court deciding the appeal shall have power to award costs at its discretion.

(2) Costs awarded under this section to the [Municipality] shall be recoverable by the [Municipality] as if they were arrears of a tax due from the appellant.

(3) If the [Municipality] fails to pay any costs awarded to an appellant under this section within ten days after the date of the communication of the order for payment thereof, the Court awarding the costs may order the person having the custody of the balance of the municipal fund to pay the amount.

321. Finality of order of Appellate Authority. -

(1) No order or direction referred to in Section 318 shall be questioned in any other manner or by any other authority than is provided therein.

(2) The order of the Appellate Authority confirming, setting aside or modifying any such order or direction shall be final : Provided that it shall be lawful for the Appellate Authority, upon application, and after giving notice to the other party, to review any order passed by him in appeal by a further order passed within three months from the date of his original order.

322. Suspension of orders passed under Section 318 pending decision of appeal or civil suit regarding the subject of appeal or civil suit. -

Where an order or direction referred to in Section 318 is subject to appeal and an appeal has been instituted against it, or a civil suit has been instituted in respect thereof, all proceedings to enforce such order and all prosecutions for a breach thereof, may, by order of the Appellate Authority or of the Civil Court, as the case may be, be suspended pending the decision of the appeal or the civil suit, and if such order is set aside on appeal or by the decision of the Civil Court disobedience thereof shall not be deemed to be an offence.]

323. Appeals from certain orders of a Court. -

Every order of forfeiture under Section 201 and every order under Section 302 or Section 258 shall be subject to appeal to the next superior court to that by which the order was passed, but shall not be otherwise open to appeal or revision.

324. Disputes as to compensation payable by [Municipality]. -

(1) Should a dispute arise touching the amount of compensation which the [Municipality] is required by this Act to pay, it shall be settled in such manner as the parties may agree, or in default of agreement, by the Collector upon application made to him by the [Municipality] or the person claiming compensation.

(2) Any decision of the Collector awarding compensation shall be subject to a right of the applicant for compensation to require reference to the District Judge in accordance with the procedure set forth in Section 18 of the Land Acquisition Act, 1894 (Act I of 1894).

(3) In cases in which compensation is claimed in respect of land, the Collector and the District Judge shall, as far as may be, observe the procedure prescribed by the said Act for proceedings in respect of compensation for the acquisition of land acquired for public purposes.

325. Decision of disputes between local authorities. -

(1) Should a dispute arise between a [Municipality] and any other local authority on any matter in which they are jointly interested, such dispute shall be referred to the [State Government], whose decision shall be final.

(2) The [State Government] may regulate by rule made under Section 296 the relation to be observed between [Municipality] and other local authorities in any matter in which they are jointly interested.

326. Suits against [Municipality] or its officers. -

(1) No suit shall be instituted against a [Municipality], or against a member, officer or servant of a [Municipality], in respect of an act done or purporting to have been done in its or his official capacity, until the expiration of two months next after notice in writing has been in the case of a [Municipality], left at its office, and, in case a member, officer or servant, delivered to him or left at Iris office or place of abode, explicitly stating the cause of action, the nature of the relief sought, the amount of compensation claimed, and the name and place of abode of the intending plaintiff, and the plaint shall contain a statement that such notice has been so delivered or left.

(2) If the [Municipality], member, officer or servant shall, before action is commenced, have tendered sufficient amends to the plaintiff, the plaintiff shall not recover any sum in excess of the amount so tendered, shall also pay all costs incurred by the defendant after such tender.

(3) No action such as is described in sub-section (1) shall, unless it is an action for the recovery of immovable property or for a declaration of title thereto, be commenced otherwise than within six months next after the accrual of the cause of action.

(4) Provided that nothing in sub-section (1) shall be construed to apply to a suit wherein the only relief claimed is an injunction of which the object would be defeated by the giving of the notice or the postponement of the commencement of the suit or proceeding.

[326A. Civil Court not to grant temporary injunctions in certain cases. -

No Civil Court shall in the course of any suit grant any temporary injunction or make any interim order, -]

[(a) restraining any person from exercising the powers or performing the functions or duties of a President of] [* * *] of a [Municipality] or by Chairman of a committee or sub committee of a [Municipality] or of a member, officer or servant of a [Municipality] or of a committee or sub-committee of a [Municipality] on the ground that such person has not been duly elected, nominated or appointed as such President, [* * *], Chairman, member, officer or servant; or

(b) restraining any person or persons or any [Municipality] or committee or sub-committee of a [Municipality] from holding any election, or from holding any election in any particular manner.