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Section 146A: Limitation of prosecutions or suits against officers.

The Maharashtra Prohibition ActState Act of Maharashtra · Act 25 of 1949

l46A. Limitation of prosecutions or suits against officers.-(1) All prosecutions of any Prohibition, Police or other officers, or of any persons empowered to exercise powers or to perform functions under this Act, and all actions which may be lawfully brought against the Government or any of the aforesaid officers or persons, in respect of anything done or alleged to have been done in pursuance of this Act, shall be instituted within four months from the date of the act complained of and not afterwards; and any such action shall be dismissed-

(a) if the plaintiff does not prove that, previously to bringing such action, he has presented all such appeals allowed by this Act, or any other law for the time being in force, as within the aforesaid period of four months, it was possible to present; or

(b) in the case of an action for damages, if tender of sufficient amends shall have been made before the action was brought, or if after the institution of the action a sufficient sum of money is paid into Court with costs, by or on behalf of the defendant.

(2) Subject to the provisions of section 197 of the Code of Criminal Procedure, 1898 (V of 1898)no Court shall take cognizance of an offence committed or alleged to have been committed by any Prohibition, Police or other officer or any person empowered to exercise powers or to perform functions under this Act, in regard to anything done under this Act, until the sanction of the Collector having jurisdiction has been obtained.

Where this provision sits

ActThe Maharashtra Prohibition Act
Section146A
Marginal noteLimitation of prosecutions or suits against officers.
JurisdictionState of Maharashtra
StatusIn force as published by the source

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