Lawgist42Limitation of actions
142 Limitation of actions.—All actions and prosecutions against any person, which may be lawfully brought for anything done or intended to be done under the provisions of this Act, or under the general police-powers hereby given shall be commenced within three months after the act complained of shall have been committed, and not otherwise; and notice in writing of such action end of the cause thereof shell be given to the defendant, or to the District Superintendent or an Assistant District Superintendent of the District in which the act was committed, one month at least before the commencement of the action.
Tender of amends.—No plaintiff shall recover in any such action if tender of sufficient amend shall have been made before such action brought, or if a sufficient sum of money shall have been paid into Court after such action brought, by or on behalf of the defendant, and, though a decree shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the Judge before whom the trial is held shall certify his approbation of the action.
Proviso.—Provided always that no action shall in any case lie where such officers shall have been prosecuted criminally for the same act.
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1. I.e., by a Magistrate of the first class. See s. 3 (1) of the Code of Criminal Procedure, 1973 (Act 2 of 1974).
- 1 Interpretation clause
- 2 Constitution of the force
- 3 Superintendence in the State Government
- 4 Inspector-General of Police, etc
- 5 Powers of Inspector General Exercise of power
- 6 [Repealed.]
- 7 Appointment, dismissal, etc., of inferior officers
- 8 Certificates to police officers
- 9 Police-officers not to resign without leave or two months’ notice
- 10 Police-officers not to engage in other employment
- 11 [Repealed.]
- 12 Power of Inspector-General to make rules
- 13 Additional police-officer employed at cost of individuals
- 14 Appointment of additional force in the neighbourhood of railway and other works
- 15 Quartering of additional police in disturbed or dangerous districts
- 15A Awarding compensation to sufferers from misconduct of inhabitants or persons interested in land
- 16 Recovery of moneys payable under sections 13, 14, 15 and 15A, and disposal of same when recovered
- 17 Special police-officers
- 18 Powers of special police-officers
- 19 Refusal to serve as special police-officers
- 20 Authority to be exercised by police-officers
- 21 Village police-officers
- 22 Police-officers always on duty and may be employed in, any part of district
- 23 Duties of police-officers
- 24 Police-officers may lay information, etc
- 25 Police-officers to take charge of unclaimed property, and be subject to Magistrates orders as to disposal
- 26 Magistrate may detain property and issue proclamation
- 27 Confiscation of property if no claimant appears
- 28 Persons refusing to deliver up certificate, etc., on ceasing to be police-officers
- 29 Penalties for neglect of duty, etc
- 30 Regulation of public assemblies and processions and licensing of the same
- 30A Powers with regard to assemblies and processions violating conditions of license
- 31 Police to keep order in public roads, etc
- 32 Penalty for disobeying orders issued under last three sections, etc
- 33 Saving of control of Magistrate of district
- 34 Punishment for certain offences on roads, etc
- 35 Jurisdiction
- 36 Power to prosecute under other law not affected
- 37 Recovery of penalties and fines imposed by Magistrates
- 41 [Repealed.]
- 42 Limitation of actions
- 43 Plea that act was done under warrant
- 44 Police-officers to keep diary
- 45 State Government may prescribe form of returns
- 46 Scope of Act
- 47 Authority of District Superintendent of Police over village police
