Amendment status not verified — confirm the current text below against the official source.
Suits against Grama Panchayats or their Officers :– (1) No suit or other legal proceedings shall be instituted against a Grama Sasan or a Grama Panchayat or against member, Sarpanch, Naib-Sarpanch, Officer or other employee of the Grama Panchayat or against any person acting un- der its or his direction for anything done or purporting to have been done under this Act, until the expiration of one month next after notice in writ- ing has been, in the case of Grama Sasan or Grama Panchayat, delivered in or left at the Office of the Panchayat and in the case of a member, Officer or Servant or any person acting under his direction or the direction of the Grama Panchayat, delivered to him or left at his Office or place of resi- dence, explicitly stating the cause of action, the nature of the reliefs sought, the amount of compensation, if any, claimed and the name and place of residence of the intending plaintiff; and the plaint shall contain a state- ment that such notice has been so delivered or left. (2) If the Grama Panchayat, members, Sarpanch, Naib-Sarpanch, Officer or other employee or the person as aforesaid has tendered amends, sufficient in the opinion of the Court to the plaintiff, the plaintiff shall not recover any sum in excess of the amount so tendered and shall also pay all costs incurred by the defendant after such tender. 85 (3) No suit or other legal proceeding referred to in Sub-Section (1) shall be instituted after the expiry of a period of six months from the date of the accrual of the alleged cause of action. NOTES (i) Section 138 - Notice under Section 138 not necessary for pros- ecution of Sarpanch. Held, Section 138 of the Act deals with the suits or other legal proceedings using the expression, cause of action, the nature of relief sought, the amount of compensation and plaint – The words underlined are common words used in civil proceedings and not in prosecution Sec- tion 139 of the Act refers to "suits or prosecution" When the Legislature in the same statute used the words "suit", "legal proceeding", "prosecu- tion", each word is to be given its own meaning and omission of the word from a particular provision in the statute is not to be lightly brushed aside : 1986 (I) OLR 137 : 1986 Cr LJ 1025. (ii) Section 138 (1) – Notice before institution of legal proceeding against an employee of Grama Panchayat necessary only if the act done or purported to have been done under the Act : 1984 (I) OLR 1073.