Communications
2003 No. 19
A 339
(iii) inspect any radio communications station or apparatus or other
communications equipment or facilities on the premises.
Provided that the official or appointed inspector shall have in his possession for the
purposes of entering any affected person’s premises who is not a licensee, a warrant
for that purpose obtained from a Magistrate or Judge prior to the entry into such
premises.
PART III—ACTIONS AGAINST COMMISSION, ETC.
142.—(1) Subject to the provisions of this Act, the provisions of the Public
Officers Protection Act shall apply in relation to any suit instituted against an official
or employee of the Commission.
Limitation of
Suits against
Commission,
etc.
(2) Notwithstanding anything contained in any other law or enactment, no
suit shall lie against a Commissioner, the Secretary or any other official or employee
of the Commission for any act done in pursuance or execution of this Act or any
other law or enactment, or of any public duty or authority in respect of any alleged
neglect or default in the execution of this Act or any other law or enactment, duty or
authority, or be instituted in any court unless it is commenced—
(a) within 3 months next after the act, neglect or default complained of ; or
(b) in the case of a continuation of damage or injury, within 6 months next
after the ceasing thereof.
(3) No Suit shall be commenced against a Commissioner, the Secretary or any
official or employee of the Commission before the expiration of a period of 1 month
after written notice of the intention to commence the Suit shall have been served on
the Commission by the intending plaintiff or his agent.
(4) The notice referred to in subsection (3) of this section shall clearly and
explicitly state the cause of action, the particulars of the claim, the name and place of
abode of the intending plaintiff and the relief which he claims.
143. A notice, summons or other document required or authorised to be served
on the Commission under the provisions of this Act or any other law or enactment
may be served by delivering it to the Commission or by sending it by registered post
addressed to the Chief Executive or Commission Secretary at the principal office of
the Commission.
Service of
court
processes on
Commission.
144.—(1) In any action or suit against the Commission, no execution or
attachment of process in any nature thereof shall be issued against the Commission
unless not less than 3 months notice of the intention to execute or attach has been
given to the Commission.
Restriction on
execution
against
Commission’s
property.
(2) Any sum of money which may by the judgement of any court be awarded
against the Commission shall, subject to any direction given by the court where notice
of appeal against the judgement has been given, be paid from the Commission’s Fund.
145. A Commissioner, the Secretary or any official or employee of the Commission
shall be indemnified out of the assets of the Commission against any liability incurred
by him in defending any proceeding, whether civil or criminal, if the proceeding is
brought against him in his capacity as a Commissioner, Secretary, officer or employee
of the Commission.
Indemnity of
Commission’s
officials.