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State of West Bengal - Section

Section 115 in The West Bengal Panchayat Act, 1957

115. Indemnity.

(1)Notwithstanding anything contained in section 113, no suit or other legal proceedings shall be brought against a member including the Pradhan, Upa-Pradhan, Adhyaksha and Upadhayaksha of an Anchal Panchayat or a Gram Panchayat or a member of a Nyaya Panchayat or a Joint Committee constituted under this Act in respect of any act done or purporting to be done under this Act or rules made thereunder or in respect of any alleged neglect or default on his part in the execution of his duties under this Act or any rule or order made thereunder, if such act was done or such neglect or default occurred in good faith.
(2)No suit or other legal proceeding shall be brought against any Gram Panchayat, Anchal Panchayat or Nyaya Panchayat or any of its members or officers, or any person acting under its direction, for anything done under this Act, until the expiration of one month next after notice in writing has been delivered or left at the office of such Gram Panchayat, Anchal Panchayat or Nyaya Panchayat and also (if the suit is intended to be brought against any officer of the Gram Panchayat, Anchal Panchayat or Nyaya Panchayat or any person acting under its direction) at the place of abode of the person against whom the suit is intended to be brought, stating the cause of action and the name and place of abode of the person who intends to bring the suit; and unless such notice is proved, the court shall find for the defendant.
(3)Every action referred to in sub-section (2) shall be commenced within three months after the accrual of the cause of action, and not afterwards.
(4)If any Gram Panchayat, Anchal Panchayat or Nyaya Panchayat or person to whom a notice under sub-section (2) is given shall, before a suit is brought, tender sufficient amends to the plaintiff, such plaintiff shall not recover.