Section 155 in Uttarakhand Panchayati Raj Act, 2016
155. Civil suits against Gram Panchayat, Kshettra Panchayat and Zila Panchayat, their officers or servants.
- (A) (1) No suit or other legal proceeding shall be instituted against a Gram Panchayat or Land Management Committee , Kshettra panchayat or Zila Panchayat or against any member or officer or servant thereof or against any person acting under the direction of any of these bodies or persons for anything done or purporting to have been done in official capacity under this Act, Until the expiration of two months next after notice in writing has been given, in the case of gram Panchayat, Kshettra Panchayat and Zila Panchayat delivered in or left at the office of the Gram Panchayat, kshettra Panchayat, Zila Panchayat concerned and in the case of a member, officer or servant or any person acting under his direction or the direction of the, Gram Panchayt, Kshettra Panchayat and Zila Panchayat delivered to him or left at his office or place of abode, explicitly stating the cause of action, the nature of the relief sought, the amount of compensation, if any claimed and the name and place of abode of the intending plaintiff and the plaint shall contain a statement that such notice has been so delivered or left.(2)No action such as is described in sub-section (1) shall be commenced otherwise than within six months next after the accrual of the cause of action.(3)No civil case or prosecution shall be entertained in any court against a Gram Panchayat or any member or officer thereof or any person acting under its or his direction in respect of anything in good faith done or intended to be done under this Act or any rule or bye-laws made thereunder.(B)No civil court shall, in the course of any suit, grant any temporary injunction, or made any interim order prohibiting temporary injunctions by civil courts against Zila Panchayat, Kshettra Panchayat or their officers -(1)restraining any person from exercising the powers or performing the functions or duties of a member, Chairman, Vice Chairman, officer or servant or of a committee or sub-committee of a Zila Panchayat or Kshettra Panchayat on the ground that such person has not been duly elected, co-opted or appointed as such member, Chairman , Vice-chairman, officer or servant; or(2)restraining any person from exercising the powers and performing the functions and duties of a member, Pramukh, Up-Pramukh, officer or servant, of Kshettra Panchayat or of a committee or sub-committee of a Kshettra Panchayat on the ground that such person has not been duly elected, co-opted or appointed such member, Pramukh, Up-Pramukh, officer or servant; or(3)restraining any person or persons, or any Zila Panchayat or Kshettra Panchayat or committee or sub-committee of a Zila Panchayat, or a Kshettra Panchayat from holding any election, or from holding any election in any particular manner.
