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[Cites 0, Cited by 4] [Entire Act]

State of Gujarat - Section

Section 226 in The Gujarat Municipalities Act, 1963

226. Service of notices, etc., addressed to individuals.

(1)The service of every notice and the presentation of every 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 municipal officer or servant or other person authorised by the Chief Officer in this behalf-
(i)if such person resides within the municipal borough-
(a)by giving or tendering the notice or bill to the person; or
(b)if the person is not found, by leaving the same at his last known place of abode, within the municipal borough, or by giving or tendering the same to some adult member or servant of his family or by registered post under cover bearing the address of the place of abode last known; or
(ii)if such person does not reside within the municipal borough, and his address elsewhere is known to the President or other person directing the issue of the notice or bill, then by forwarding the same by registered post under cover bearing the said address; or
(iii)if none of the means aforesaid be available, then by causing the bill or notice to be affixed on some conspicuous part of the building or land, if any, to which the bill or notice relates.
(2)Service of notices on owners or occupiers of buildings and lands. - 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, it shall not be necessary to name the owner or occupier therein, and the service thereof, in cases not otherwise, specially provided for in this Act, shall be effected either-
(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; or
(b)if no such owner or occupier be found, then by giving or tendering the notice to some adult member or servant of the family of any such owner or occupier as aforesaid; or
(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 to which the same relates.
(3)Public and general notices how to be published. - Every notice which this Act requires or empowers a municipality or any municipal authority' or officer 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 a copy thereof is put up in such conspicuous part of the municipal office during such period and in such other public buildings or places in each ward and where necessary is published in such local papers or in such other manner, as the municipality in by-laws in this behalf prescribes.
(4)Defective form not to invalidate notice. - No notice or bill shall be invalid for defect of form.
(5)
(a)Execution of acts required to be done by any notice. - Where any notice under this Chapter requires any act to be done for which no time is fixed by this Act, the notice shall fix a reasonable time for doing the same.
(b)In the event of non-compliance with the terms of the notice it shall be lawful for the Chief Officer 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 municipality 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.
(6)The foregoing provisions of this section shall mutatis mutandis apply to the service of any summons, requisition or order issued under this Act and to be served on any person.