Bare ActsThe West Bengal Municipal Act, 1993

Section 397

Amendment status not verified — confirm the current text below against the official source.

(1) Every notice, bill, summons, requisition or other document required or authorised by this Act or the rules or the regulations made thereunder to be served or issued by or on behalf of the Municipality or by any of the other municipal authorities or any officer or other employee of the Municipality shall, save as otherwise provided in this Act or the rules or the regulations made thereunder, be deemed 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 registered office or at its principal office or place of business and is— (i) sent under certificate of posting, or (ii) delivered at the registered office or at the principal office or place of business of the company; (b) where the person to be served is a partnership, if the document is addressed to the partnership at its principal place of business identifying it by the name or style under which its business is carried on and is— (i) sent under certificate of posting, or (ii) delivered at the place of business of the partnership; 372 The West Bengal Municipal Act, 1993. XXII of 1993.] (Part X.—Powers, Procedures, Penalties and Savings.—Chapter XXVI.— Procedure.—E. Notices etc.—Section 397.) (c) where the person to be served is a corporation, society or any other body or authority, if the document is addressed to the secretary, treasurer or other officer of such corporation, society or other body or authority at its principal office and is— (i) sent under certificate of posting, or (ii) delivered at the principal office of such corporation, society or other body or authority; (d) if such notice, bill, summons, requisition or other document is, in any other case, 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 within the municipal area, 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 under certificate of posting to such person. (2) Any notice, bill, summons, requisition or other document required or authorised to be served on the owner or the occupier of any land or building may be addressed to the owner or the occupier, as the case may be, of such land or building (naming such land or building) without further name or description, and shall be deemed to be duly served,— (a) if thedocument so addressed is sent or delivered in accordance with clause (d) of sub-section (1); or (b) if the document or a copy thereof so addressed is delivered to some person on the land or the building or, where there is no such person to whom it can be delivered, is affixed to some conspicuous part of such land or building. (3) Where a notice, bill, summons, requisition or other document is served on a partnership under this section, such notice, bill, summons, requisition or other document shall be deemed to be duly served on each partner. (4) For the purpose of enabling any notice, bill, summons, requisition or other document to be served on the owner of any premises, the Chairman may, by notice in writing, require the occupier of such premises to state the name and address of the owner thereof (5) Where the person on whom a notice, bill, summons, requisition or other document is to be served is a minor, the service thereof upon his guardian or any adult member of his family shall be deemed to be service upon the minor. 373 The West Bengal Municipal Act, 1993. Time for complying with requisition or order, and power of Board of Councillors to enforce requisition or order in default. Submission of objections to comply with notice. Power of Board of Councillors to enter into agreement for payment of expenses in instal- ments. [%Vest Ben. Act (Part X.—Powers, Procedures, Penalties and Savings—Chapter XXVI— Procedure.—F. Enforcement of orders to execute work etc.— Sections 398, 399.—G. Recovery of expenses.—Section 400.) F. Enforcement of orders to execute work etc.

Section 397 – The West Bengal Municipal Act, 1993 | DailyLaw.ai