Amendment status not verified — confirm the current text below against the official source.
Notice of action against municipality :– (1) No suit, or other legal proceeding, shall be brought against any Municipal Councillor, the Chairperson, Executive Officer, any Councillor, officer or servant, in respect of any act done or purporting to be done in execution or intended execution of this Act or any rule, regulation bye-law, or order made under it or in respect of any alleged neglect or default in the execution of this Act or any such rule, regulation, by-law or order, until the expiration of two months next after notice in writing stating the cause of action, the nature of the relief sought, the amount of compensation claimed, and name and place of residence of the intended plaintiff, has been left at the office of the municipality, and if the proceeding is intended to be brought against any such Chairperson, Executive Officer, Councillor, Officer, servant or person, also delivered to him, or left at his place of residence. And unless such notice be proved the court shall find for the defendant. (2) Every such proceeding shall, unless it is a proceeding for the recovery of immovable property or for a declaration of title thereto, be commenced within six months after the date on which the cause of action arises or in case a continuing injury or damage, during such continuance or within six months after the ceasing thereof. (3) if any municipality or person to whom notice is given under sub-section (1) shall, before the proceeding is commenced, tender amends to the plaintiff and if the plaintiff does not in any such proceeding recover more than, the amount so tendered, he shall not recover any costs incurred by him after such tender. The plaintiff shall also pay all costs incurred by the defendant after such tender. (4) No suit or other legal proceeding shall be brought against the Chairperson, the Executive Officer or any Councillor, officer or servant of a municipality or any person acting under the direction of a municipality, or such Chairperson, the Executive Officer, Councillor, officer or servant in respect of any act done, in execution or intended execution of this Act, or any rule, regulation, bye-law or order made under it, or in respect of any alleged neglect or default on his part in the execution of this Act or any such rule, regulation, bye-law or order, if such act was done, or if such neglect or default was made, in good faith; but any such proceeding shall, so far as it is maintainable in a court, be brought against the municipality except in the case of suits brought under Section 375.