MMCNPIT Act 325अध्याय XXV · Service Of Notices, Execution Of Works On Default And Compensation

धारा 325 · Service of notices, etc., addressed to individuals

(1)

When any notice is required by or under this Act to be served upon, issued or presented to any person such service, issue or presentation shall, in all cases not otherwise provided for in this Act, be effected -

(a)

by giving or tendering the notice to the person to whom it is addressed; or

(b)

if such person is not found by giving or tendering it to some adult member or servant of his family found at his usual place of residence or at his last known place of abode;

(c)

if none of the means aforesaid be available, or if the person to whom such notice is given or tendered, refuses to accept it then by causing the notice to be affixed on some conspicuous part of the building or land, if any, to which the notice relates.

(2)

When any notice under this Act is required or permitted by or under this Act to be served upon, issued or presented to, an owner or occupier of any building or land, -

(i)

it shall not be necessary to name the owner or occupier in such notice,

(ii)

if there be more owners or occupiers than one, such notice may be served upon or issued or presented to any one of them.

(3)

Whenever it is provided by or under this Act, that any notice may be served upon, issued or presented to, the owner or occupier of any land or building and the owner and occupier are different persons, such notice shall be served upon, issued or presented to, the one of them primarily liable to comply with such notice, and in case of doubt, to both of them:Provided that, in any such case, if there is no owner resident within the municipal area, the delivery of such notice to the occupier shall be sufficient.

(4)

The provisions of sub-sections (1), (2) and (3) shall mutatis mutandis apply to any bill, requisition, order or summons or such other document to be served, issued or presented by or under this Act.

(5)

Notwithstanding anything contained in sub-section (1), in the case of 'A' or 'B' Class Councils, a bill for any municipal tax may be served upon the person liable therefor by sending it by post with a pre-paid letter under certificate of posting, addressed to such person at his last known place of abode or place of business in the municipal area, and every bill so sent shall be deemed to have been served on the day following the day on which such letter was posted, and in proving such service, it shall be sufficient to prove that the letter was properly addressed and posted under a certificate of posting.

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