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State of Kerala - Section

Section 92 in Kerala District Administration Act, 1979

92. Institution of suits against authorities of district councils, their officers etc.

(1)No suit or other c1vi proceeding; against a district council or against the President, the Vice-President or any other member, or employee thereof or against any other person acting under the direction of the district council or any member, or employee thereof for anything done or purporting to be done under this Act in its or his official capacity,-
(a)shall be instituted until it expiration of one month after notice the writing, stating the cause of action, the name and place or abode of the intending plaintiff and the nature of the relief which he claim, has been, in the case of a district council delivered or left at the office of the district council any in the case of a member, employee or person as aforesaid delivered to him or left at his office or at his usual place of abode and the plaint shall in each such case contain a statement that such notice has been so delivered or left; or
(b)shall be instituted, unless it is a suit for the recovery of immovable property, or for the declaration of title thereto, otherwise than Within six months next after the accrual of the alleged cause of action.
(2)The notice referred to in sub-section (1), when it is intended for a district council, shall be addressed to the Secretary.
(3)If any district council or person to whom notice is given under sub-section (1) tenders amends to the plaintiff before the proceeding is commenced and if the plaintiff does not in such proceedings require more than the amount so tendered he shall not recover any costs incurred by him after such tender; and the plaintiff shall also pay all costs incurred by the district council after such tender.