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Section 262 - Service of Notices, Etc. in Karnataka Municipalities Act, 1964

snapp 262 KMA 1964 0 Notes

Service of Notices, Etc..

(1) Every notice, bill, summons order, requisition or other document required or authorised by this Act or any rule or bye-law made thereunder to be served or issued by or on behalf of the municipal council or by the Municipal Commissioner or Chief Officer or any other municipal officer, on any person shall, save as otherwise provided in this Act or such rule or bye-law, be deemed to be duly served, --

(a) where the person to be served is a company, if the document is addressed to the Secretary at its registered office or at its principal office or place of business and is either, --

(i) sent by registered post; or

(ii) delivered at the registered office or at the principal office or place of business of the company;

(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) where the person to be served is a public body or a corporation, society or other body, if the document is addressed to the secretary, treasurer or other head officer of that body, corporation or society at its principal office and is either, --

(i) sent by registered post; or

(ii) delivered at that office;

(d) 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 some conspicuous part of his last known place of residence or business, if within the1[municipal area], or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building, if any, 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 upon anowner or occupier of any land or building may be addressed "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 addressed 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 delivered to some person on the land or building or, where there is no person on the land or building for whom it can be delivered, is affixed to some conspicuous part of the land or building.

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

(4) 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.

(5) A servant is not a member of the family within the meaning of this section, and nothing in this section shall apply to any summons issued under this Act by a court.

(6) Every notice which this Act requires or empowers a municipal councilto 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 a copy thereof is put in such conspicuous part of the municipal office during such period, and in such other public buildings and places, or is published in such local newspaper or in such other manner, as the municipal council in bye-laws in this behalf prescribes.

(7) No notice or bill shall be invalid for defect of form.

(8) When any notice under this Chapter requires any act to be done forwhich no time is fixed by this Act, the notice shall fix a reasonable time for doing the same.

(9) In the event of non-compliance with the terms of the notice, it shallbe lawful for the municipal council to take such action or such steps as may be necessary for the completion of the act thereby required to be done, and all the expenses therein incurred by the municipal council shall be paid by the person or persons upon whom the notice was served, and shall be recoverable in the manner provided in section 269.

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1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.

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