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Report No. 56

37. Effect of recommendation indicated with reference to each provision.-

Our recommendation will involve

(i) repeal of section 78B, Railways Act, 1890;

(ii) repeal of section 273(1), Cantonment Act, 1924 and consequential reĀ¬casting of sub-section (3) of that section;

(iii) amendment of section 478, Delhi Municipal Corporation Act, 1957;

(iv) amendment of section 155(2), Customs Act, 1962;

(v) amendment of section 120, Major Port Trusts, Act, 1963.

38. The amendments concerning the above provisions1 will be confined to removing the portion requiring notice, and, as already indicated2 they will not affect the periods of limitation specified in the provisions concerned. The actual amendments will be on the following lines

(i) Section 78B, Railways Act, 1890 should be repealed;

(ii) Section 273(1), Cantonment Act, 1924, should be repealed and section 273(3), Cantonments Act, should be revised as follows:-

"(3) No suit against any Board or against any member of a Board, or against any officer or servant of a Board, in respect of any act done, or purporting to have been done, in pursuance of this Act or of any rule3 or bye-law made thereunder, shall, unless it is a suit for the recovery of immovable property or for a declaration of title thereto, be instituted after the expiry of six months from the date on which the cause of action arises."

(iii) Section 478, Delhi Municipal Corporation Act, 1957, (66 of 1957), should be revised as follows:-

"478. (1) No suit shall be instituted against the Corporation or against any municipal authority or against any municipal officer or other municipal employee or against any person acting under the order or direction of any municipal authority or any municipal officer or other municipal employee, in respect of any act done, or purporting to have been done, in pursuance of this act or any rule, regulation or bye-law made thereunder, after the expiry of six months from the date on which the cause of action arises.

(2) Nothing in sub-section (1) shall apply to a suit for the recovery of immovable property or for a declaration of title thereto (iv) Section 155(2) of the Customs Act, 1962, should be revised as follows-

"(2) No proceeding other than a suit shall be commenced against the Central Government or any officer of the Government or any officer of a local authority for anything purporting to be done in pursuance of this Act, after the expiration of three months from the accrual of the cause of action for such proceeding"

(v) Section 120 of the Major Port Trusts Act, 1963 should be revised as follows:-

"120. No suit or other proceedings shall be commenced against a Board or any member or employee thereof for anything done, or purporting to have been done, in pursuance of this Act after six months after the accrual of the cause of action."

1. Para. 37, supra.

2. Para. 35, supra.

3. The amendment is confined to the requirement of notice, and does not purport to deal with the conflict of decisions as to the meaning of the words "in pursuance of".



Statutory Provision as to Notice of Suit other than Section 80 of the Civil Procedure Code Back




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