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Section 100

The Haryana Town Improvement Act, 2008 (36 of 2008)State Act of Haryana · Act 36 of 2008

(1) No suit shall be instituted against the trust or any trustee, or any person associated with the trust under section 14 or any member of a committee appointed under section 15 or any officer or officials of the trust, or any person acting under the direction of the trust or of the chairman Trustees, etc.

deemed public servants.

Contributions by trust towards leave allowances.

Authority for prosecutions.

Powers of chairman as to institute legal proceedings.

Indemnity.

Notice of suit.

����� ���� � ��� �� TOWN IMPROVEMENT � � or of any officer or officials of the trust, in respect of an act purporting to be done under this Act, until the expiration of two months next after notice in writing has been, in the case of a trust, left at its office, and in any other case delivered to or left at the office or place of abode of the person to be sued, explicitly stating the cause of action, the nature of the relief sought, the amount of compensation 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) If the trust or other person referred to in sub-section (1), before the action is commenced, have tendered sufficient amounts to the plaintiff, the plaintiff shall not recover any sum in excess of the amount so tendered and shall also pay all costs incurred by the defendant after such tender.

(3) No action such as is described in sub-section (1), shall, unless it is an action for the recovery of immovable property or for a declaration of the title thereto, be commenced otherwise than within a period of six months next after the accural of the cause of action :

Provided that nothing in sub-section (1) shall be construed to apply to a suit wherein the only relief claimed is an injunction of which the object would be defeated by the giving of the notice or the postponement of the commencement of the suit or proceedings.

101. A copy of any receipt, application, plan, notice, order, entry in a register or other documents in the possession of the trust shall, if duly certified by the legal keeper thereof, or other person authorized by the trust in this behalf, be received as prima facie evidence of the existence of the entry or document and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent, as the original entry or document would, if produced, have been admissible to prove such matters.

102. No trustee or officer or official of the trust shall in any legal proceeding to which the trust is not a party be required to produce any register or document, the contents of which can be proved under the preceding section by a certified copy, or to appear as a witness to prove the matters and transactions, recorded therein unless by order of the court made for special cause.

Where this provision sits

ActThe Haryana Town Improvement Act, 2008 (36 of 2008)
Section100
JurisdictionState of Haryana
StatusIn force as published by the source

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