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Section 48

The West Bengal Industrial Infra-structure Development Corporation Act, 1974State Act of West Bengal · Act 25 of 1974

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

(a) where the person to be served is a company, the service is effected in accordance with the provisions of section 51 of the Companies Act, 1956; 1 of 1956.

(b) where the person to be served is a firm, if the document is addressed to the firm at its principal place of business, 130 The West Bengal Industrial Infra-structure Development Corporation Act, 1974.

XXV of 1974.]

(Chapter VIL—Supplementary and miscellaneous provisions.—Section 48.)

indentifying it by the name or style under which its business is carried on, and is either—

(i) sent under a certificate of posting or by registered post, or

(ii) left at the said place of business;

(c) where the person to be served is a statutory public body or a Corporation or a Society or other body, if the document is addressed to the secretary, treasurer or other principal officer of that body, Corporation or Society at its principal office, and is either—

(i) sent under a certificate of posting or by registered post, or

(ii) left at the office;

(d) in any other case, if the document is addressed to the persoh 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 or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building to which it relates, or

(iii) is sent under a certificate of posting or by registered post to that person.

(2) Any document which is required or authorised to be served on the owner or occupier of any land or building may be addressed to "the owner" or "the occupier", as the case may be, of that land or building (naming that land or building) without further name or description, and shall be deemed to be duly served—

(a) if the document so addresed is sent or delivered in accordance with clause (d) of sub-section (1) ; or

(b) if the document so addressed or a copy thereof so addressed is given or tendered to some person on the land or building to whom it can be delivered, or if such person cannot be found, is affixed to some conspicuous part of the land or building.

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

131 The West Bengal Industrial Infra-structure Development Corporation Act, 1974.

[West Ben. Act (Chapter VIL—Supplementary and miscellaneous provisions.—Sections 49-52.)

Public notices how to be made known.

Notices, etc., to fix reasonable time.

Furnishing of returns, etc.

Withdrawal of an area or estate or part thereof.

(4) For the purpose of enabling any document to be served on the owner of any property, the occupier (if any) of the property may be required by notice in writing by the State Government or the Corporation, as the case may be, to state the name and address of the owner thereof.

49. Every public notice, given under this Act or any rule or regulation made thereunder, shall be in writing over the signature of the officer concerned and shall be widely made known in the locality to be affected thereby, affixing copies thereof in conspicuous public places, within the said locality, or by publishing the same by beat of drum or by advertisement in a local newspaper, or by any two or more of these means, and by any other means that the officer may think fit.

50. Where any notice, order or other document issued or made under this Act or any rule or regulation made thereunder requires anything to be done for the doing of which no time is fixed in this Act or the rule or regulation, the notice, order or other document shall specify a reasonable period of time for doing the same or complying therewith.

Where this provision sits

ActThe West Bengal Industrial Infra-structure Development Corporation Act, 1974
Section48
JurisdictionState of West Bengal
StatusIn force as published by the source

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