Bare ActsThe MADHYA PRADESH MUNICIPAL CORPORATION ACT, 1956

Section 401

Notice, limitation and tender of amends in suit against Corporation etc

Amendment status not verified — confirm the current text below against the official source.

Notice, limitation and tender of amends in suit against Corporation etc.- (1) No suit shall be instituted against the Corporation, the Mayor-in-Council or any Corporation Officer or servant, or any person acting under the direction of the Corporation the Mayor- in- Council or any municipal officer or servant, in respect of any act done or purporting to have been 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 or any rule or byelaw made there under until the expiration of one month next after notice in writing has been delivered or left at the Chief Corporation Officer or at the residence of such officer, standing with adequate particulars,- (a) the cause of action; (b) the name and residence of the intending plaintiff and of his advocate, pleader or agent, if any, for the purpose of the suit; and (c) the relief which he claims. (2) Every such suit shall be commenced within six months next after the accrual of the cause of action, and the plaint there in shall contain a statement that a notice has been delivered or left as required by sub-section (1). (3) If the Corporation or any person to whom any notice is given under sub-section (1) has tendered sufficient amends so the plaintiff before the suit is instituted, the suit shall be dismissed. (4) If the defendant in any such suit is the Commissioner or any other Corporation Officer or servant, payment of any sum or part there of payable by him or in consequences of the suit may with the sanction of the Mayor-in-Council be made from the Municipal Fund. Madhya Pradesh Municipal Corporation Act, 1956 170 | P a g e

Section 401 – The MADHYA PRADESH MUNICIPAL CORPORATION ACT, 1956 | DailyLaw.ai