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Section 68: Protection of action taken under this Act

The Karnataka Excise Act, 1965State Act of Karnataka · Act 21 of 1965

No suit or other legal proceeding shall lie against the State Government or any Excise Officer or any other person empowered to exercise powers or to perform the functions under this Act for anything in good faith done or intended to be done under this Act.

1[68A. Suit or prosecution in respect of acts done under colour of duty not to be entertained without sanction of the State Government-

(1) In any case of alleged offence or of wrong alleged to have been done by any any Excise Officer, by any act done under colour or in excess of any such duty or authority under this Act, or wherein it shall appear to the court that offence or wrong if committed or done was of the character aforesaid, the prosecution or suit shall not be entertained except with the previous sanction of the State Government.

(2) In the case of an intended suit on account of such a wrong as aforesaid, the person intending to sue shall be bound to give to the alleged wrongdoer one month's notice at least of the intended suit with sufficient description of the wrong complained of, failing which such suit shall be dismissed.

(3) The plaint shall set forth that a notice as aforesaid has been served on the defendant and the date of such service, and shall state whether any, and if so, what tender or amends has been made by the defendant. A copy of the said notice shall be annexed to the plaint endorsed or accompanied with a declaration by the plaintiff of the time and manner of service thereof.]1

1. Inserted by Act 1of 1971 w.e.f. 07.08.1970.

Where this provision sits

ActThe Karnataka Excise Act, 1965
Section68
Marginal noteProtection of action taken under this Act
JurisdictionState of Karnataka
StatusIn force as published by the source

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