Protection of persons acting under this Act, against suits.

1. (1) No suit shall be instituted against the corporation or against 9[the Commissioner, the General Manager] 10[or the Director] or a Deputy Commissioner, or against any municipal officer or servant, in respect of any act 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,—
   • (a) until the expiration of one month next after notice in writing has been, in the case of the corporation, left at the chief municipal office and, in the case of 11[the Commissioner, the General Manager] 12[or the Director] or of a Deputy Municipal Commissioner or of a municipal officer or servant delivered to him or left at his office or place of abode, stating with reasonable particularity Section 80 of Bom. 48 of 1950 reads as follows :— “80. Amendments made by sections 64, 65, 67, 68 and 76 to have retrospective effect.— (1) The amendments made by sections 64, 65 and 67 shall be deemed to have been made, on and to have effect from the 15 th day of August 1948. (2) The amendments made by sections 68 and 76 shall be deemed to have been made on and to have effect from the 14 th day of March 1944 and any order made or action taken under the said Act before the commencement of this Act shall be deemed to have been made or taken under the said Act as amended by this Act, and no prosecution, suit or other proceeding shall lie against any person for anything in good faith done or intended to be done in pursuance of any such order or action as the case may be.”. These words were inserted by Bom. 48 of 1950, s. 76(1). Section 80 of Bom. 48 of 1950 reads as follows:—

“80. Amendments made by sections 64, 65, 67, 68 and 76 to have retrospective effect.— (1) The amendments

made by sections 64, 65 and 67 shall be deemed to have been made, on and to have effect from the 15 th day of August 1948. (2) The amendments made by sections 68 and 76 shall be deemed to have been made on and to have effect from the th day of March 1944 and any order made or action taken under the said Act before the commencement of this Act shall be deemed to have been made or taken under the said Act as amended by this Act, and no prosecution, suit or other proceeding shall lie against any person for anything in good faith done or intended to be done in pursuance of any such order or action as the case may be.”. These words were substituted for the words “and by-laws” by Bom. 48 of 1950, s. 76(2). This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “Provincial Government” were substituted for the words “ Governor-in-Council ” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The word “it” was substituted for the word “him” by the Adaptation of Indian Laws Order in Council. These words were substituted for the original by Bom. 48 of 1948, s. 59. These words were inserted by Mah. 53 of 1981, s. 21. These words were substituted for the original by Bom. 48 of 1948, s. 59. These words were inserted by Mah. 53 of 1981, s. 21.

1888 : III] The Mumbai Municipal Corporation Act 401

the cause of action and the name and place of abode of the intending plaintiff and of his attorney or agent if any, for the purpose of suit; nor

1. (b) unless it is commenced within six months next after the accrual of the cause of action.

1. (2) At the trial of any such suit—
   • (c) the plaintiff shall not be permitted to go into evidence of any cause of action except such as is set forth in the notice delivered or left by him as aforesaid;
   • (d) the claim, if it be for damages shall be dismissed if tender of sufficient amount shall have been made before the suit was instituted or if, after the institution of the suit, a sufficient sum of money is paid into Court with costs.
2. (3) When the defendant in any such suit is a municipal officer or servant, payment of the sum or of any part of any sum payable by him in or in consequence of the suit whether in respect of cost, charges, expenses, compensation for damage or otherwise, may be made, with the 2[previous] sanction of the 3[Standing Committee or the Brihan Mumbai Electric Supply and Transport Committee] from the municipal fund or the 4[Brihan Mumbai Electric Supply and Transport Fund] as the case may be.