THE
NEW DELHI MUNICIPAL COUNCIL ACT, 1994 |
CHAPTER
- XX |
POWERS,
PROCEDURE, OFFENCES AND PENALTIES
Notices, etc.
Services
of notices, etc.-- |
353. |
| (1) | Every notice, bill, summons order, requisition or other document required or authorised by this Act or any rule, regulation or bye-law made thereunder to be served or issued by or on behalf of the Council, or by the Chairperson or any officer, of any person shall, save as otherwise provided in this Act or such rule, regulation or bye-law, be demed to be duly served-- | |||
(a) | where the person to be served is a company, if the document is addressed to the secretary of the company at its registred office or at its principal office or place of the business and is either -- | ||||
(i) | sent by registered post, or | ||||
(ii) | delivered at the registreed office or at the principal office or place of business of the company; | ||||
(b) | where the person to be served is a partnership firm, if the document is addressed to the partnership firm at its principal place of business, identifying it by the name or style under which its business is carried on, and is either -- | ||||
(i) | sent by registered post, or | ||||
(ii) | delivered at the said place of business; | ||||
(c) | where the person to be served is a public body, or a corporation, society or other body, if the document is addressed to the secretary, treasurer or other head officer of that body, corporation or society at its principal office, and is either -- | ||||
(i) | sent by registered post, or | ||||
(ii) | delivered at that office; | ||||
(d) | in any other case, if the document is addressed to the person to be served and -- | ||||
(i) | is given or tendered to him, or | ||||
(ii) | if such person cannot be found, is fixed on some conspicuous part of his last known place of residence or business, if within the National Capital Territory of Delhi, or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building, if any, to which it relates, or | ||||
(iii) | is sent by registered post to that person. | ||||
(2) | Any document which is required or authorised to be served on the owner or occupier of any land or building may be addressed "the owner" or "the occupier", as the case may be, of that land or building (naming that land or building) without further name or description, and shall be deemed to be duly served -- | ||||
(a) | if the document so addressed is sent or delivered in accordance with clause (d) of sub-section (1); or | ||||
(b) | if the document so addressed or a copy thereof so addressed, is delivered to some person on the land or building or, where there is no person on the land or building to whom it can be delivered, is affixed to some conspicuous part of the land or building. | ||||
(3) | Where a document is served on a partnership firm in accordance with this section, the document shall be deemed to be served on each partner. | ||||
(4) | For the purpose of enablish any document to be served on the owner of any premises the Chairperson may by notice in writing require the occupier of the premises to state the name and address of the owner thereof. | ||||
(5) | Where the person on whom a document is to be served is a minor, the service upon his guardian or any adult member of his family shall be deemed to be service upon the minor. | ||||
(6) | Nothing in sections 351 and 352 and in this section shall apply to any summons issued under this Act by a court. | ||||
(7) | A servant is not a member of the family within the meaning of this section. |
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