Section 15 in The Bihar Consolidation of Holdings and Prevention of Fragmentation Rules, 1958
15. Mode of service of notice under Section 40(2)(b).
- Mode of service of notice. - (1) Unless otherwise provided in the Act or prescribed in these rules, any notice or summons required to be served under the provisions of the Act shall be served by delivering or tendering a copy thereof, duly signed and sealed, to the person on whom it is to be served or to his duly authorised agent.(2)Where the person on whom such process is to be served cannot be found and where such person has no agent empowered to accept service of such process on his behalf, service may be made on any adult male member of the family of such person residing with him.(3)Where the serving officer delivers [or tenders] a copy of such process to the person to be served with such process personally or to an agent on his behalf, he (serving officer) shall obtain on the original process the signature or thumb impression of the person to whom the copy is delivered as an acknowledgement of service.(4)Where the person to be served with such process or his agent as aforesaid refuses to sign the acknowledgement or where the serving officer after using all due and reasonable diligence cannot find the person to be served with such process and there is no agent empowered to accept service of such process on his behalf, or any other person on whom service can be made, service may be made by publishing it in the village by beat of drum and by affixing a copy of such process on outer door or some other conspicuous part of the house in which the person to be served with the process ordinarily resides or carries on business or personally works for gain.The serving officer shall, in all cases in which such process has been served under this sub-rule, endorse or annex, or cause to be endorsed or annexed, on or to the original process a return stating the date on which and the manner in which the process was served and the names and addresses of two persons witnessing the service.(5)Notwithstanding anything contained in the foregoing sub-rules, the [Assistant Consolidation Officer] [Substituted by S.O. 1461 dated 26.8.1976.], Consolidation Officer, Assistant Director of Consolidation, Director of Consolidation may, if he thinks fit order that the process shall be served-(i)by sending a copy thereof, duly signed and sealed, by registered post with acknowledgement due to the person on whom such process is to be served; or(ii)if such process relates to any land, by affixing such process to a conspicuous place in the land to which such process relates.In the case referred to in clause (i) of sub-rule (5) the posting of the process shall be sufficient proof of the service of such process on the person concerned.In the case referred to in clause (ii) of sub-rule (5) a return by the serving officer stating the date of such service attested by two persons shall be sufficient proof of the service of such process on the person concerned.(6)Where the person to be served with such process under the Act is a minor or a person of unsound mind, the service shall be made in the aforesaid manner on the guardian of such minor or person of unsound mind, as the case may be.(7)The date, time and place to which the enquiry by or visit of the officers concerned may be adjourned shall be notified by proclaiming the same by beat of drum at the time and place originally fixed in the notice.
