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Section 96

The Sikkim Urban and Regional Planning and Development Act,1998State Act of Sikkim · Act 7 of 1998

(1) All documents including notices and orders required by this Act or any rule or regulation made thereunderto be served upon any person shall, save as otherwise provided in this Act or rule or regulation made thereunder, be deemed to be duly served- '

(a) where the document is to be served on a Government department, Railway, local authority, statutory authority, company, corporation, society or other body, if the document is addressed to the head of the Government department. General Manager of the Railway, Secretary or principal officer of the local authorlty.statutory authority, company, corporaation, soceity or any other body at its pnncipal, branch, local or registered office, as the case may be, and is either-

(i) sent by registered post to such office; or

(ii) delivered at SUClloffice;

(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 either-

(i) sent by registered post; or

(ii) delivered at the said place of business;

(c) 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 conspicuous part of his last known place of residence or business or is given or tendered to some adult member Of his family or is arnxeo on some conspicuous part of the land or the building to which it relates; 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 iand or building may be addressed ''the owner" or "the occupier", as the case may be, of that land or building (naming or describing 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 (c) of sub-section (1); or

(b) if the document so addressed or a copy thereof so addressed is delivered to sorne person on the land or building.

(3) Where a document is served on a partnership in accordance with this section, the document is deemed to be served on each partner.

44 Public notice how to be made known and the notices, etc. to fix reasonable time.

Authentication of orders and documents.

Mode ofproof of records.

Restriction on the summoning of of· ficers and servants of ttie Board, and the Authority.

Prohibition to • supply electricity, water etc.

Transfer to authority for purposes of

(4) Forthe purpose of enabling any documentto be served on the owner of any property, the officer authorised in this behalf by the Board, orthe Authority, as the case may be, by notice in writing require the. occupier, if any, of the property 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) A servant is not a member of the family within the meaning of this section.

Where this provision sits

ActThe Sikkim Urban and Regional Planning and Development Act,1998
Section96
JurisdictionState of Sikkim
StatusIn force as published by the source

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