(1)

No suit shall be instituted against the corporation or against [the Commissioner, the General Manager] [These words were substituted for the original by Bombay 48 of 1948, Section 59.] [or the Director] [These words were inserted by Maharashtra 53 of 1981, Section 21.] or a Deputy Commissioner, or against any municipal officer or servant, in respect of any act done in pursuance or execution or intended execution of this Act or in respect of any alleged neglect or default in the execution of this Act-

(a) until the expiration of one month next after notice in writing has been, in the case of the corporation, left at the chief municipal office and, in the case of [the Commissioner, the General Manager] [These words were substituted for the original by Bombay 48 of 1948, Section 59.] [or the Director] [These words were inserted by Maharashtra 53 of 1981, Section 21.] or of a Deputy Municipal Commissioner or of a municipal officer or servant delivered to him or left at his office or place of abode, stating with reasonable particularity the cause of action and the name and place of abode of the intending plaintiff and of his attorney or agent, if any, for the purpose of such suit; [nor] [This word was substituted for the word or as the letter was a misprint.]

(b) unless it is commenced within six months next after the accrual of the cause of action.

(2)

At the trial of any such suit-

(c) the plaintiff shall not be permitted to go into evidence of any cause of action except such as is set forth in the notice delivered or left by him as aforesaid;

(d) the claim, if it be for damages shall be dismissed if tender of sufficient amends shall have been made before the suit was instituted or if, after the institution of the suit, a sufficient sum of money is paid into Court with costs.

(3)

Where the defendant in any suit is a municipal officer or servant, payment of the sum or of any part of any sum payable by him in or in consequence of the suit whether in respect of cost, charges, expenses, compensation for damages or otherwise, may be made, with the [previous] [The word 'previous was inserted by Bombay 19 of 1930, Section 20.] sanction of [the Standing Committee or the Brihan Mumbai Electric Supply and Transport Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 27 of 1999, Section 203, (w.e.f. 23-4-1999).], from the municipal fund or the [Brihan Mumbai Electric Supply and Transport Fund] [These words were substituted by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).], as the case may be.