80. Notice.—
5[
(1)] 6[ Save as otherwise provided in sub-section
(2), no suits 7[shall be instituted]
against the Government (including the Government of the State of Jammu and Kashmir)] or against a
public officer in respect of any act purporting to be done by such public officer in his official capacity,
until the expiration of two months next after notice in writing has been 8[delivered to, or left at the office
of—]
(a) in the case of a suit against the Central Government, 9[except where it relates to a railway] a
Secretary to that Government;
10
[
(b)] in the case of a suit against the Central Government where it relates to railway, the General
Manager of that railway;
11
[(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 authorized by that Government in this behalf;]
(c) in the case of a suit against 12[any other State Government], a Secretary to that Government or
the Collector of the district; 13***
14
* * * * *
1. Subs. by Act 2 of 1951, s. 3, for “the States”.
2. Subs. by Act 2 of 1951, s. 11, for section 78 (w.e.f. 1-4-1951).
3. Subs by the A.O. 1948, for section 79.
4. Subs. by the A.O. 1950, for “the Dominion of India”.
5. S. 80 renumbered as sub-section
(1) by Act 104 of 1976, s. 27 (w.e.f. 1-2-1977).
6. Subs. by s. 27, ibid., for “No suit shall be instituted” (w.e.f. 1-2-1977).
7. Subs. by Act 26 of 1963, s. 3, for “shall be instituted against the Government” (w.e.f. 5-6-1964). The words in italics were
subs. by the A.O. 1948, for “Instituted against the Crown”
8. Subs. by the A.O. 1937, for “in the case of the Secretary of State in Council, delivered to, or left at the office of a Secretary to
the L.G. or the Collector of the District”.
9. Ins. by Act 6 of 1948, s. 2.
10. Clause (aa) ins. by Act 6 of 1948, s. 2 and relattered as clause
(b) and the Former clause
(b) omitted by the A.O. 1948.
11. Ins. by Act 26 of 1963, s. 3 (w.e.f. 5-6-1964).
12. Subs. by s. 3, ibid., for “a State Government” (w.e.f. 5-6-1964).
13. The word “and” omitted by the A.O. 1948.
14. Clause
(d) omitted ibid.
58
and, in the case of a public officer, delivered to him or left at his 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
[
(2) A suit to obtain an urgent or immediate relief against the Government (including the
Government of the State of Jammu and Kashmir) or any public officer in respect of any act purporting to
be done by such public officer in his official capacity, may be instituted, with the leave of the Court,
without serving any notice as required by sub-section
(1); but the Court shall not grant relief in the suit,
whether interim or otherwise, except after giving to the Government or public officer, as the case may be,
a reasonable opportunity of showing cause in respect of the relief prayed for in the suit:
Provided that the Court shall, if it is satisfied, after hearing the parties, that no urgent or immediate
relief need be granted in the suit, return the plaint for presentation to it after complying with the
requirements of sub-section
(1).
(3) No suit instituted against the Government or against a public officer in respect of any act
purporting to be done by such public officer in his official capacity shall be dismissed merely by reason
of any error or defect in the notice referred to in sub-section
(1), if in such notice—
(a) the name, description and the residence of the plaintiff had been so given as to enable the
appropriate authority or the public officer to identify the person serving the notice and such notice
had been delivered or left at the office of the appropriate authority specified in sub-section
(1), and
(b) the cause of action and the relief claimed by the plaintiff had been substantially indicated.]
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