Services of notice, etc

Section 388:

(of Guwahati Municipal Corporation Act 1969)

(1) Every notice, bill, summons, order, requisition or other document required or authorised by this Act or any rule or bye-law made thereunder to be served or issued by or on behalf of the Corporation, or by any or the municipal authorities specified in section 4 or any municipal employee on any person, save as otherwise provided in this Act or such rule or bye- law, be deemed to be duly served —

(a) Where the person to be served is a company, if the document is addressed to the Managing Director or to the Secretary at the Company at its registered office or at its principal office or place or business and is either —

(i) Sent by registered post, or

(ii) Delivered at the registered office or at the principal office or place of businesses of the Company;

(b) Where the person to be served is a partnership firm. If the documents is addressed to the 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 the body, corporation or society at its principal office, and is either —

(i) Sent by registered Post; or

(ii) Delivered at that office; and

(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 affixed on some conspicuous part of his last known place of residence or business, if within the State, or is given or tendered to some adult member of his family on some conspicuous part of his last land or building, if any, to which it releases, 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 for 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 enabling any document to be served on the owner of any premises the Commissioner may be 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 is Section 386 and 387 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 meaning of this section.