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State of Madhya Pradesh - Section

Section 401 in The M.P. Municipal Corporation Act, 1956

401. Notice, limitation and tender of amends in suit against Corporation etc.

(1)No suit shall be instituted against the Corporation, the [Mayor-in-Council] [Substituted by M.P. Act No. 20 of 1998.], or any Corporation officer or servant, or any person acting under the direction of the Corporation, the [Mayor-in-Council] [Substituted by M.P. Act No. 20 of 1998.] or any municipal officer or servant, in respect of any act done or purporting to have been 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 or any rule or bye-law made thereunder until the expiration of one month next after notice in writing has been delivered or left at the chief Corporation office or at the residence of such officer, servant, or person standing with adequate particulars :-
(a)the cause of action;
(b)the name and residence of the intending plaintiff and of his advocate, pleader or agent, if any, for the purpose of the suit; and
(c)the relief which he claims.
(2)livery such suit shall be commenced within six months next after the accrual of the cause of action, and the plaint therein shall contain a statement that a notice has been delivered or left as required by sub-section (1).
(3)If the Corporation or any person to whom any notice is given under sub-section (1) has tendered sufficient amends to the plaintiff before the suit is instituted, the suit shall be dismissed.
(4)If the defendant in any such suit is the Commissioner or any other Corporation officer or servant, payment of any sum or part thereof payable by him in or in consequence of the suit may, with the sanction of the [Mayor-in-Council] [Substituted by M.P. Act No. 20 of 1998.], be made from the Municipal Fund.