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Bengal Presidency - Section

Section 92 in Bengal Excise Act, 1909

92. Limitation of suits and prosecution Section.

- [(1)] [Original section 92 renumbered as sub-section (1) of that section by Section 5 of the Bengal Excise (Second Amendment) Act, 1979 (West Bengal Act 40 of 1979).] No Civil Court shall try any suit against the [Government] [Substituted by paragraph 4(1) of the Adaptation of Laws Order, 1950 for the word Crown, which was earlier Substituted by paragraph 3 of, and Schedule IV to, of the Government of India (Adaptation of Indian Laws) Order, 1937 for the words Secretary of State for India in Council.] in respect of anything done, or alleged to have been done, in pursuance of this Act,and, except with the previous sanction of the [State Government] [Substituted by paragraph 4(1) of the Adaptation of Laws Order, 1950 for the words Provincial Government, which were earlier Substituted by paragraph 4(1) of the Government of India (Adaptation of Indian Laws) Order, 1937 for the words Local Government.], no Magistrate shall take cognizance of any charge made against any Excise Officer under this Act or any other law relating to the excise-revenue, or made against any other person under this Act, unless the suit or prosecution is instituted within six months after the date of the act complained of.
(2)[ Notwithstanding anything to the contrary contained in this Act or in any other law in force for the time being, when any Sub-Inspector of Excise or Assistant Sub-Inspector of Excise or Excise Constable is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the previous sanction of the State Government.] [Sub-section (2) in Section by Section 5 of the Bengal Excise (Second Amendment) Act, 1979 (West Bengal Act 40 of 1979).]