section 36
Limitation of prosecution or suits against officers
The Bombay Drugs (Control) Act, 1959Health195942 sections
Statutory text
All prosecutions of any officer or person empowered to exercise powers or to perform duties or discharge functions under this Act, and all actions which may be lawfully brought against the Government or any of the aforesaid officers or persons in respect of anything done or alleged to have been done in pursuance of this Act, shall be instituted within four months from the date of the act complained of, and not afterwards; and any such action shall be dismissed—
- (a) if the plaintiff does not prove that, previously to bringing such action, he has presented all such appeals or applications for revision allowed by or under this Act or by or under any other law for the time being in force, as within the aforesaid period of four months it was possible to present ; or
- (b) in the case of an action for damages, if the tender of sufficient amends has been made before the action was brought, or if after the institution of the action a sufficient sum of money is paid into Court with costs, by or on behalf of the defendant.
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