Bare ActsThe West Bengal Municipal Corporation Act, 2006

Section 394

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

(1) Every notice, bill, summons 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 Corporation or by any of the municipal authorities referred to in section 9 or any officer or other employee of the Corporation 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 company or the secretary or the manager of the company at its registered office or at its principal office or place of business and is either— (i) sent by registered post, 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 firm, 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 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, corporate body, society or any other body, if the document addressed to the Secretary, Treasurer or other officer or office-bearer of such public body, corporate body, society or any other body at its principal office, and is either-- (i) sent by registered post, or (ii) delivered at the 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 affixed on some conspicuous part of his last known place of residence or- business, if within the corporation area, or is given or tendered to some conspicuous part of the land or the building, if any, to which it relates, or (iii) is sent by registered post to such person. (2) Any document required, or authorised, to be served on the owner or the occupier of any land or building may be aC1diessed to "the owner" or "the occupier", as the case may be, of silo.: land or burklinL; !;_naming such land or building) without further name or riecrlotiou. and shall ce Ce.,--riled to oe duly scrved,— (a) if tly, dGcurneni so addresFeJ is sent or delive:ec: la accorda _e with -ciaust.-;.:,(1) of sub-section (r), or Notice etc. to be served or issued by officer or other employee of Corporation or by any person authorised by Commissioner. Service of notice etc. A PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 29, 2008 139 The West Bengal Municipal Corporation Act, 2006. w (Part VI11.—Chapter XXV.—Miscellaneous provisions.—Sections 395-399.) (b) if the document or a copy thereof so addressed is delivered to some person on the land or in 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 document is served on a partnership firm under this section shalt be deemed to be duly served on each partner. (4) For the purpose of enabling any document to be served on the owner of any premises, the Commissioner may, by a 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 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 this section shall apply to any summons issued under this Act by any court. (7) A servant shall not be deemed to be a member of the family within the meaning of this section. Cognizance of offences. Limitation of time for prosecution. Admissibility of document or entry as evidence. Councillors and Commissioner of Corporation to be public servants. Occupier to carry out work in place of owner.

Section 394 – The West Bengal Municipal Corporation Act, 2006 | DailyLaw.ai