Section 17 in Bihar Electricity Regulatory Commission (Conduct of Business) Regulations, 2005
17. Service of notices and processes issued by the Commission.
(1)Any notice or process to be issued by the Commission may be served by any one or more of the following modes as may be directed by the Commission: -(a)service by any of the party to the proceedings:(b)by hand delivery through a messenger;(c)by speed post/courier/registered post with acknowledgement due;(d)by publication in newspaper in cases where the Commission is satisfied that it is not reasonably practicable to serve the notices, process, etc on any person in the manner mentioned above;(e)in any other mode of service as considered appropriate by the Commission.(2)The Commission shall be entitled to decide in each case the persons who shall bear the cost of such service/publication.(3)Every notice or process required to be served on or delivered to any person may be sent to the person or his agent empowered to accept service at the address furnished by him for service or at the place where the person or his agent ordinarily resides or carries on business or personally works for gain.(4)In the event any matter is pending before the Commission and the person to be served has authorised an agent or representative to appear for or represent him or her in the matter, such agent or representative shall be deemed to be duly empowered to take service of the notices and processes on behalf of the party concerned in all matters and the service on such agent or representative shall be taken as due service on the person to be served. It shall be the responsibility of such agent or representative to duly inform the person whom he represents.(5)Where a notice is served by a party to the proceedings either in person or through any other mode an affidavit of service shall be filed by the party with the Commission giving details of the date and manner of service of notices and processes.(6)Where any Petition is required to be published in newspaper, it shall be done within such time as the Commission may direct and unless otherwise directed by the Commission such publication shall be made in one issue each of a daily newspaper in English language and in Hindi language having wide circulation in the area as decided by the Commission.(7)In default of compliance with the requirements of the Regulations or directions of the Commission as regards the service of notices, summons or processes or the advertisement and publication thereof, the Commission may either order to dismiss the Petition or give such other or further directions as it thinks fit.(8)No service or publication required to be done shall be deemed invalid by reason of any defect in the name or description of a person provided that the Commission is satisfied that such service is in other respects sufficient.(9)No proceedings shall be invalidated by reason of any defect or irregularity unless the Commission, on an objection taken, is of the opinion that substantial injustice has been caused by such defect or irregularity or there are otherwise sufficient reasons for doing so.
