(1) Notwithstanding any provisions provided under any law for the time being in force, no suit for damages or compensation shall be instituted against the Municipality, any municipal authority, officer or servant, or any person acting under the direction of such Municipality, municipal authority, officer or servant, in respect of any act done in pursuance of execution or intended execution of this Act or any rule, bye-law, regulation or order made under it or in respect of any alleged neglect or default in the execution of this Act, or any rule, bye-law, regulation, or order made under it, until the expiration of three (3) months after a notice has been delivered or left at the municipal office or at the place of abode of such officer, servant or person, stating the cause of action, the relief sought, 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) Where the defendant, in any such suit, is the Chairperson, the Commissioner or a municipal officer or employee, payment of the sum or any part of any sum, payable by him in, or in consequence of the suit, whether in respect of costs, charges, expenses, compensation for damages or otherwise, shall be met from the municipal fund.
Institution of suits against Municipal Authorities, Officers and Servants.
190 [Act No. 11 of 2019] Provisions regarding institution of civil and criminal actions and obtaining of legal advice.
272. The Commissioner may,-
(a) take, or withdraw from, proceedings against any person who commits-
(i) any offence against this Act, rules, bye-laws or regulations;
(ii) any offence, which affects or is likely to affect any property or interest of the Municipality or the due administration of this Act;
(iii) any nuisance whatsoever;
(b) compound any offence against this Act, the rules, bye-laws or regulations;
(c) take, withdraw from or compromise proceedings for the recovery of expenses or compensation claimed to be due to the Municipality;
(d) withdraw or compromise any claim against any person in respect of a penalty payable under a contract entered into with such person;
(e) defend any suit or other legal proceedings brought against the Municipality or against any municipal authority, officer or employee, in respect of anything done or omitted to be done, as aforesaid;
(f) compromise any claim, suit or legal proceedings brought against the Municipality or against any municipal authority, officer or employee, in respect of anything done or omitted to be done, as aforesaid;
(g) institute and prosecute any suit, or withdraw from or compromise any suit or claim, which has been instituted or [Act No. 11 of 2019] 191 made in the name of the Municipality or any other municipal authority officer or employee;
(h) obtain such legal advice and assistance as he may, from time to time, think it necessary or expedient to obtain, or as he may be desired by the Municipality to obtain, for any of the purposes mentioned in the foregoing clauses of this section, or for securing the lawful exercise or discharge of any power or duty vesting in or imposed upon, any municipal authority or officer or employee.
273. The election authority may defend himself, if sued or joined as a party, in any proceeding relating to the preparation or publication of electoral rolls or the conduct of elections, as the case may be, and the expenses incurred by the election authority in so doing shall be payable from the municipal fund.
274. No court shall grant any temporary injunction, or make any interim order, restraining any proceeding, which is being or about to be taken under this Act, for the preparation or publication of electoral rolls or for the conduct of any elections.
275. No suit shall be maintainable against the Government, the District Collector, the Revenue Divisional Officer or any Chairperson, Municipal Authority, officer or employee, or any person acting under the direction of any Chairperson, Municipal Authority, officer or employee, or of a Magistrate, in respect of anything done in good faith under this Act or any rule, bye-law, regulation or order made under it.