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Section 21: Serving of notices and processes issued by the Commission

Jharkhand Electricity Regulatory Commission-Conduct of Business Regulations, 2003State Regulations of Jharkhand · 2003

(1) Any notice or process to be issued by the Commission may be served under any one or more of the following ways:

(a) Service by any of the parties to the proceedings as may be directed by the Commission;

(b) By hand delivery through a messenger duly acknowledged;

(c) By registered post with acknowledgement;

(d) By publishing in newspaper in cases where the Commission is satisfied that it is not reasonably practicable to serve the notices, processes, etc., on any person in the manner mentioned above;

(e) In any other manner as considered appropriate by the Commission.

(2) The Commission shall be entitled to decide in each case, the persons who shall bear the cost of such service/publication.

(3) Every notice or process required to be served on or delivered to any person may be sent to the person or his agent empowered to accept service at the address furnished by him or at the place where the person or his agent ordinarily resides or carries on business or personally works.

(4) In the event, when any matter is pending before the Commission and the person to be served has authorised an agent or representative to appear for or represent him in the matter, such agent or representative shall be deemed to be duly empowered to take service of the notices and processes on behalf of the party concerned in all the matters and the service on such agent or representative shall be taken as due service on the person to be served.

(5) Where a notice is served by a party to the proceedings either in person or through registered post, an affidavit of service shall be filed by such party with the Commission giving details of the date and manner of service of notices and processes.

(6) Where any petition is required to be published, it shall be done so within such time as the Commission may direct and unless otherwise directed by the Commission, in one issue each of a daily newspaper in the English language and one newspaper in Hindi language having wide circulation in the area specified by the Commission.

(7) In default of compliance with the requirements of the Regulations or directions of the Commission as regards the service of notices, summons or processes or the advertisement and publication thereof, the Commission may either dismiss the petition or give such other further directions as it thinks fit.

(8) No service or publication required to be done shall be deemed invalid by reason of any defect in the name or description of a person provided that the Commission is satisfied that such service is in other respects sufficient. No proceedings shall be invalidated by reason of any defect or irregularity unless the Commission, on an objection taken, is of the opinion that substantial injustice has been caused by such defect or irregularity or there are otherwise sufficient reasons for doing so.

Where this provision sits

ActJharkhand Electricity Regulatory Commission-Conduct of Business Regulations, 2003
Section21
Marginal noteServing of notices and processes issued by the Commission
JurisdictionState of Jharkhand
StatusIn force as published by the source

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