Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Uttar Pradesh - Section

Section 16 in The Uttarakhand D.T.H. Broadcasting Service (Exhibition) Rules, 2009

16. Method of service.

(1)The service of any Notification, summons or order under the Act or the rules may be affected by any of the following methods, namely :-
(a)by giving or tendering a copy thereof to the DTH broadcasting service provider or person concerned or to his manager, munim, accountant or agent of any or his employees or any adult member of his family residing with him;
(b)by registered post:
Provided that if, upon an attempt having been made to serve any such Notification, summons or order by either of the abovementioned methods, the authority concerned has reasonable grounds to believe that addressee is evading service or that, for any other reason which in the opinion of such authority is sufficient, service cannot be affected by any of the aforesaid methods, the said authority shall, for the reasons to be recorded in writing, cause the Notification, summons or order to be served by affixing a copy thereof -
(i)if the addressee is DTH broadcasting service provider, on some conspicuous place of the DTH broadcasting service provider's place of business or the building in which the DTH broadcasting service provider's place of business is located, or upon some conspicuous part of the place of the DTH broadcasting service provider's business last intimated to the said authority by the DTH broadcasting service provider or if the place where the DTH broadcasting provider is known to have last carried on business; or the place where the DTH broadcasting service provider resides; or
(ii)if the addressee is not a DTH broadcasting service provider, on some conspicuous part of his residence or office or the building in which his office or residence is located; and such service shall be deemed to be as effected as if it had been made on the addressee personally.
(2)When a process server, peon or any other employee of the Entertainment Tax Department delivers or tenders any Notification, summons or order to the DTH broadcasting service provider or addressee personally or to any of the persons referred to in clause (a) of sub-rule (1), he shall require the person to whom the Notification, summons or order is delivered or tendered to sign and acknowledge the service of the Notification, summons or order.
(3)Where the person to whom the Notification, summons or order is tendered as aforesaid refuses to accept the same or refuses to sign the acknowledgement after its acceptance, the process server, peon or employee shall submit a report to the concerned authority stating facts about such refusal and the name and address of the person, if any, present at the time of such refusal. Such report shall be verified on oath by the process server, peon or employee. The concerned authority may, having regard to the facts and circumstances and after making such further enquiry in the matter, if any, as it thinks fit, consider such refusal to be proof of service.
(4)When service is made by post, an acknowledgement purporting to have been signed by the addressee or his manager, munim, accountant or agent or employee or member of his family, or an endorsement by a postal employee that the addressee or his manager, munim, accountant or agent or employee of his family refused to take delivery may be deemed by the concerned authority to be proof of service.
(5)When the Notification, summons or order is served by affixing a copy thereof in accordance with the first proviso to sub-rule (1) the official serving it shall return the original to the authority concerned with a report endorsed thereon or annexed thereto, stating that he so affixed the copy, the circumstances under which he did so and the name and address of the person, if any, by whom the addressee's office or resident or the building in which his office or residence is located or his place of business was identified, and in whose presence the copy was affixed, the said official shall also obtain the signature or thumb impression of the person identifying the addressee's residence or office or building or place of business on his report.