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Section 9: Mode of service of notice or order

The Bihar Land Tribunal Rules, 2010State Rules of Bihar · 2009

(1) Any notice or order required to be served upon any person, shall be served by delivering or tendering a copy thereof duly signed and sealed, to the Person on whom it is to be served or to his 4 BIHAR GAZETTE (EXTRA) 21ST APRIL 2010 duly authorised agent incharge of the land or part thereof to which the notice or order relates.

(2) Where the person on whom the notice or order is to be served or his agent in charge of the land to which the notice or the order relates, can not be found or where such person has no agent empowered to accept service of notice or order on his behalf, service may be made on any adult member of the family of such person, residing with him.

(3) Where the serving officer delivers or tenders a copy of the notice or order to the person to be served with notice or order personally or to any agent or other person on his behalf, he shall require the signature of the person to whom the copy is so delivered or tendered, as an acknowledgment of service to be endorsed on the original notice or order.

(4) Where the person to be served with notice or order or his agent or such other person as aforesaid refuses to sign the acknowledgement or where the serving officer, after using all due and reasonable diligence, can not find the person to be served with the notice or order and there is no agent empowered to accept service of notice or order on his behalf, or any other person on whom service, can be made, service may be made by affixing a copy of the notice or order on the outer door or some other conspicuous part of the house in which the person to be served with the notice or order, ordinarily resides or carries on business or works for gain or on the outer door of the office, if any, of the person to whom the notice or order relates.

(5) The serving officer shall in all cases in which the notice or order has been served under sub-rules (2), (3) or (4) endorse or annex or cause to be endorsed or annexed on or to the original notice or order, a report stating the date on which and manner in which the notice or order was served and the name and addresses of two persons witnessing the service.

(6) Notwithstanding anything contained in the foregoing sub-rules, the tribunal shall, in cases of service of notice or order under sub-rule (4) and may in other cases also, if it is thought fit, order that the notice or order shall be served by sending a copy thereof, duly signed and sealed, by registered post with acknowledgment due to the person on whom such notice or order is to be served; the posting of the notice or order shall be sufficient proof of the service of such notice or order on the person concerned.

(7) Where the person to be served with a notice or order under the Act is a minor or a person of unsound mind, the service shall be made in the aforesaid manner on the guardian of such minor or person of unsound mind as the case may be.

Where this provision sits

ActThe Bihar Land Tribunal Rules, 2010
Section9
Marginal noteMode of service of notice or order
JurisdictionState of Bihar
StatusIn force as published by the source

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