MMCNPIT Act 304Chapter XXII · Provisions, Suits and Powers of Police

Section 304 · Limitation of suits against Council, its committees, officers and servants for acts done in pursuance or execution of this Act

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(1)

No suit shall lie against a Council or against any committee constituted under this Act, or against any officer or servant of a Council an respect of any act done in pursuance or execution or intended execution of this Act, or in respect of any alleged neglect or default in the execution of this Act -

(a)

unless it is commenced within six months next after the accrual of the cause of action; and

(b)

until the expiration of one month after notice in writing has been, in the case of a Council or its committee, delivered or left at the municipal office and, in the case of an officer or servant of a Council, delivered to him or left at his office or place of abode; and all such notices shall state with reasonable particularity the causes of action and the name and place of abode of the intending plaintiff and of his advocate, pleader or agent, if any, for the purpose of the suit.

(2)

At the trial of any such suit, -

(a)

the plaintiff shall not be permitted to adduce evidence relating to any cause of action save such as is set forth in the notice delivered or left by him as aforesaid;

(b)

if the suit be for damages and if tender of sufficient amends shall have been made before the action was brought, the plaintiff shall not recover more than the amount so tendered and shall pay all costs incurred by the defendant after such tender.

(3)

If the defendant in any such suit is an officer or servant of a Council, payment of any sum or part thereof payable by him in or in consequence of the suit may, with the sanction of the Council, be made from the municipal fund.

(4)

Nothing in clauses (a) and (b) of sub-section (1) shall apply to any suit under section 38 of the Specific Relief Act, 1963 (XLVII of 1963) pr under sub-sections (1) or (2) of Section 96 of this Act.

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