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1[(1)] 2[Save as otherwise provided in sub-section (2), no suits 3[shall be instituted] against the Government (including the Government of the State of Jammu & Kashmir)] or against a public officer in respect of any act purporting to be done by such officer in his official capacity, until the expiration of two months next after notice in writing has been 4[delivered to, or left at the office of]-
(a) in the case of a suit against the Central Government, 5[except where it relates to a railway], a Secretary to that Government;
6[7[(b)] in the case of a suit against the Central Government where it relates to railway, the General Manager of that railway];
8[(bb) in the case of a suit against the Government of the State of Jammu and Kashmir the Chief Secretary to that Government or any other officer authorised by that Government in this behalf;]
(c) in the case of a suit against 9[any other State Government], a Secretary to that Government or the Collector of the district; 10[***]
11[***]
and, in the case of a public officer, delivered to him or left at this office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or left.
1. Sec. 80 renumbered as sub-section (1) of that section by Act No. 104 of 1976, sec. 27 (w.e.f. 1-2-2024).
2. Subs, by Act No. 104 of 1976, sec. 27 for "No suit shall be instituted' (w.e.f. 1-2-2024).
3. Subs. by Act 26 of 1963, sec. 3 for "shall be instituted against the Government" (w.e.f. 5-6-2024). The words in italics were subs. by the A.O. 1948 for "instituted against the Crown".
4. Subs. by the A.O. 1937, "in case of the Secretary of State in Council, deliver to , or left at the office of a Secretary to the L.G. or the COntroller ofn the district".
5. Ins. by Act 6 of 1948, sec. 2.
6. Clause (aa) ins. by Act 6 of 1948, sec. 2.
7. Clause (aa) relettered as clause (b) and the former clause (b) omitted by the A.O. 1948.
8. Ins. by the Act 26 of 1963, sec. 3 (w.e.f. 5-6-2024).
9. Subs. by the Act 26 of 1963, sec. 3 for "a State Government" (w.e.f. 5-6-2024).
10. The word "and" omitted by the A.O. 1948.
11. Clause (d) omitted by the A.O. 1948.
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