(1) The Government may appoint, for the purposes of this Act or of any other law for the time being in force regulating the duties and powers of other local bodies, duly qualified persons to be Divisional Engineers, Superintending Engineers, Town Planning Officers, Architects, or Inspecting or other officers for the whole or any part of the State and may sanction such establishment for the said officers as may be deemed necessary.
(2) The Officers and establishment appointed under sub-section (1) shall belong to the Local Government Service and their expenses shall be defrayed from the funds pertaining to the Local Government Service established for this purpose under section 166.
Power of Government to enforce order passed by Government or other authorities.
Disputes between Boards and other Local Bodies.
Appointment of technical and inspecting officers for whole of the State.
[Act No.I of 1956] 99
181. The Government may by notification delegate any of its powers under this Act, except the power to make rules, to any authority which it may deem fit.
182. In all matters connected with this Act or the rules made thereunder unless it is otherwise provided therein the Government shall have and exercise over the Collectors and the Deputy Collectors, and the Collectors and the Deputy Collectors shall have and exercise over the officers subordinate to them, the same authority and control as they respectively have and exercise over them in the general and revenue administration.
17[182-A. (1) When, on account of the constitution of a new district under the Land Revenue Act, 1317 Fasli, or for any other reason, the limits of a district are, during the term of office of the members of the Board, altered, the Government may, by order published in the Official Gazette, dissolve such Board from a date specified in the order and direct a Board-
(i) to be reconsituted for the district of which the Board has been dissolved, or
(ii) to be established for a new district which has been constituted.
The members of the Board which has been dissolved shall vacate their offices from the date specified in the order.
(2) The Board reconstituted or established under the provisions of sub-section (1) shall consist of members nominated by the Government. Such members shall, so far as may be practicable, in the opinion of the Government, be
17. Sections 182-A and 182-B inserted by Act No. XXXVIII of 1956.
Delegation of powers by Government.
Control of Revenue Officers.
Power of the Government to dissolve and reconstitute District Boards on the alteration of limits of the districts.
100 [Act No.I of 1956] persons who were members of the Board which have been dissolved under sub-section (1).
The President and Vice-President of the Board so reconstituted or established shall be elected in the manner provided in this Act.
(3) The members of the Board reconstituted or established under the provisions of sub-section (2) shall hold office for such period, not exceeding one year, as the Government shall, by order in writing, specify.
(4) On the expiry of the period of office of the members of a Board under the provisions of sub-section (3), a new Board shall be constituted in the manner provided in section
6.
182-B. (1) When a Board has been dissolved and reconstituted or established under the provisions of section 182-A, so much of the District Fund and other property vesting in the Board which has been dissolved shall vest in, and such portion of the debts and obligations shall be transferred to the Board reconstituted or established under section 182-A, as the Government may, by order in writing, direct.
(2) All the rights and liablities of the Borad, which has been dissolved, in respect of civil and criminal proceedings, contracts, agreements, and other matters or things arising in or relating to any part of the area subject to the authority of the Board reconstituted or established, shall vest in such Board.
(3) Any notification, notice, tax, order, scheme, licence, permission, rule, by-law or form made, issued or imposed by the Board which has been dissolved, in respect of any part of the area subject to the authority of the Board which Vesting of property, etc., of Boards which have been dissolved, in reconstituted Board.
[Act No.I of 1956] 101 has been reconstituted or established, shall be deemed to have been made, issued or imposed by such Board, unless and until it is superseded by any notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form made, issued or imposed by such Board.]
CHAPTER XIII.
Notices, Appeals and Procedure relating to Offences.
183. The service of every notice and bill under this Act on any person or to any person to whom it is by name addressed shall, in all cases not otherwise specially provided for, in this Act, be effected by a Board or an officer or servant or other person authorised by the Board in this behalf or, on such terms as may be agreed upon, by any officer or servant of the Government in the following manner:—
(a) wherever it is practicable service shall be made by delivering or tendering the notice or bill personally to the person to whom it is addressed, unless he has an agent empowered to accept service, in which case service on such agent shall be sufficient.
(b) Where such person cannot be found and has no agent empowered to accept service on his behalf, service may be made on any adult male member of his family who is residing with him.
Explanation.—A servant is not a member of the family within the meaning of this clause.
(c) Where the serving officer delivers or tenders the notice or bill to such person personally, or to an agent or other person on his behalf, he shall require the signature of the person to whom it is so delivered or tendered to an acknowledgement of service.
Service of notices, etc., addressed to individuals.
102 [Act No.I of 1956]
(d) Where such person 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 deligence, cannot find such person and there is no agent empowered to accept service on his behalf, nor any other person on whom service can be made, the serving officer shall affix the notice or bill on the outer door or some other conspicuous part of the house in which he ordinarily resides or carries on business or personally works for gain and shall then return the original to the authority who issued the notice or bill with a report endorsed thereon or annexed thereto stating that he has so affixed the copy, the circumstances under which he did so, and the name and address of the person (if any) by whom the house was identified and in whose presence the copy was affixed.
(e) The serving officer shall, in all cases in which service has been made under clause (c), endorse or annex, on or to the original notice or bill, a return stating the time when and the manner in which it was served, and the name and address of the person (if any) identifying the person served and witnessing the delivery or tender.
(f) Where the authority issuing the notice or bill is satisfied that there is reason to believe that the person to whom it is addressed is keeping out of the way for the purpose of avoiding service, or that for any other reason the notice or bill cannot be served in the ordinary way, such authority shall order it to be served by affixing a copy thereof in some conspicuous place in the office, and also upon some conspicuous part of the house (if any) in which such person is known to have last resided or carried on business or personally worked for gain, or in such other manner as he thinks fit. Service substituted by order of such authority shall be as effectual as if it had been made on such person personally. Where service is substituted by order of the [Act No.I of 1956] 103 authority, the authority shall fix such time for the appearance of the person as the case may require.
(g) Where the person to whom the notice or bill is addressed resides out of the district and has no agent in the district empowered to accept service, the notice or bill shall be addressed to him at the place where he is residing and sent to him by post, if there is postal communication between such place and the place from which the notice or bill is sent.
184. When any notice under this Act is required or permitted by or under this Act to be served upon an owner or occupier of any building or land, the service thereof, in cases not otherwise specially provided for in this Act, shall be effected-
(a) by giving or tendering the notice to the owner or occupier, or, if there be more owners or occupiers than one, to any one of them;
(b) if no such owner or occupier be found then by giving or tendering the notice to some adult male member of the family of any such owner or occupier as aforesaid;
(c) if none of the means aforesaid be available then by causing the notice to be fixed on some conspicuous part of the building or land for which the same relates.
185. Every notice which this Act requires or empowers a Board to give or to serve, either as a public notice or generally, or by provisions which do not expressly require notice to be given to individuals therein specified, shall be deemed to have been sufficiently given or served if it has been published by proclamation made by beat of drum in the locality and a copy thereof has been posted to a noticeboard at the office of the Board or in such other public buildings or places as the Board may decide, or has been Service of notices on owners or occupiers of buildings and land.
Publication of public and general notices.
104 [Act No.I of 1956] published in any newspaper having a circulation in the area under the jurisdiction of the Board.