PROCEDURE ON RECEIPT OF NOTICE UNDER THE PROVISON OF SECTION 80 OF THE CODE OF CIVIL PROCEDURE

PROCEDURE ON RECEIPT OF NOTICE:-- (1) When notice of an intended suit is given, under the provision of section -80of the code of civil procedure,the officer to whom it is delivered or the head of the office at which it is left shall forth with endorse ,or cause to be endorsed on the notice:-- (a) the date of receipt (b) the manner of delivery,(c) the date of endorsement, and (d) the signature of the officer making the endorsement.(11) When the notice is served upon a Secretary to the Government or an officer other than an officer specified in section 80 of the Civil Procedure Code ,that officer shall forthwith transmit it,in original ,to the Collector of the District,or Head of the department concerned,as the case may be with the endorsement as above.In every case in which the officer on whom a notice is served transmits the notice in original to any other officer ,he shall retain a certified copy of the notice and of the endorsement made thereon, and place the same on record.(111) If the notice is served on or forwarded to the collector of the district that officer shall --(a) If the subject matter of the proposed suit is connected with the district administration and within his control, or is unconnected with any particular department,proceed in the manner herein after provided ;(b) If the subject matter of fact proposed suit is connected with a department not with in his control forward the notice,in original ,to the Head of the department concerned,in order that he may so proceed (1V) The district or department officer concerned shall immediately on receiving any notice of an intended suit ,proceed to enquire into the matter and to consider the claim put forward and to decide, or move the proper authority to decide, whether any and,if so, what steps should be taken to adjust the claim (Whether in whole or in part) or the claimant should be left to take such legal action as he may deem proper .If the officer is in doubt,at this stage ,as to any legal point,he should submit the case in detail to the legal Rememberancer for opinion .If according to the legal advice,there is legal infirmities in any Government action , immediate action should be taken to remove the legal infirmities.In such cases , there should be no hesitation in cancelling the order/decision proposed to be assailed and immediate action should be initiated to remedy the legal infirmities .(V) When notice of the intention of any person to sue the government or public officer has been given,under section 80 of the code of civil procedure,no communication should ordinarily be made to such person otherwise than under the advice of the legal Rememberancer or other designated law officer of the Government.When ,after receiving such notice and enquiring into the matter,the controlling authority proposing to tender any amount admitted to be due to the claimant or offer terms of adjustment or suggest reference to arbitration,the legal Rememberancer should ordinarily be consulted as to the forms or terms of the proposed tender , adjustment or reference,as the case may be , before they are communicated to the opposite party ,Once the suit has been instituted,no sum should be tendered , terms of adjustment offered or reference to arbitration suggested otherwise than through the officer-in-charge of the case and after consultation with the legal Rememberancer.(V1) When the departmental authority, having power to deal with the case ,is clearly of the opinion that the whole or any of the part of claim put forward is justly due ,he should,(If the controlling authority has accorded sanction thereto ) proceed to endeavour to effect a settlement accordingly.