Amendment status not verified — confirm the current text below against the official source.
Bar of suit in absence of notice.-(l) No suit shall be instituted against any 31Panchayat or Gram Sabha) or any office bearer. officer or servant thereof or any person acting under the direction of any ofthe authorities. mentioned in this Act for anything done or purporting to be done under this Act unless a notice under - S<!'Ctiori-Sl):oftne-civifPfocedure Code~19M'(N6':V of 1908) hasDeen duly served. ~'- (2)' Every such suit shall be dismissed unless it is Instituted within six months from the date of the accrual of the alleged cause of action. l' Subs. by M.P.Act 3 of 2001. w.e,L26-1-20Pl. 2 Subs. by M.P.Act 3 of2Q01, w.e.f.26-1-2001. 3 Subs. by M.P.Act 30[2001, w.e.f.26-1-Z001. under Section 168 of the Indian Penal Code, 1868 (XLVof 1868). COMl\jENTARY Bar-Interpretation.-Thewrit petition contending that on the date of the grant of fishing right iri"favour of the 5th respondent- society, its President, namely Punit Ram was a Panch of said Janpad Panchayat and therefore the bar enacted in S,100 was attracted. Held, that Section 100 of the Adhiniyam provides that if a member or office bearer or servant of Panchayat knowingly acquires .directly or indirectly anypersonal share or interest (emphasis supplied) ili any contract.or employment with, by or on behalf ofa Panchayat without th~ sanction oforpermission ofthe prescribed authority, he shall be deemed to have committed an offenceunder S. 168 of the Indian Penal Code, 1MB. What is prohibited under S.100 of the Ad- hiniyam is that a member or office bearer or servant of the Janpad Panchayat under any contract or arrangement is not entitled to acquire either directly or indirectly any interest or right. It is nobody's case that under any contract between the 3rd Respondent Janpad Panchayat and Punit Ram, the then President ofthe 5th Respondent -Cooperative Society, he had acquired any personal share or interest and, therefore, he is liable to be punished as envisaged under S.lOO of the Adhiniyam. A Co-Operative Societyregistered under the M.P.lC.G. CO;Op. Societies Act, 1960 has a distinct and separate legal entity than the per- sonality of the members constituting it. The bar contained in S..100-ofthe _ Adhiniyam c"iila not beappiiedto the fads -ofthi. case. sini. Jaitrinbai Dheamar v. State ofC.G., 2006(2) CGLJ 44.