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State of Maharashtra - Section

Section 9 in Maharashtra Public Trust Rules, 1951

9. Mode of serving summons, notice or any other process.

- [(1) Subject to the provisions of this rule, summons for the attendance of any person, whether a party or witness, a notice to a trustee including notice of demand or any other process for the purposes of an inquiry application, appeal or otherwise, under the Act may be served through registered post acknowledgement due, or through process server.
(1A)The actual amount necessary for service of summons, notice or any, other process (such actual amount being determined by a person duly authorized by the Charity Commissioner in this behalf, regard being had to the bulk of papers which are required to accompany the summons, notice or other process or, as the case may be, the distance which a process server has to travel for serving any such process), shall be deposited by the person for whom any such process has been served in the office of the Charity Commissioner or Regional or Sub-regional Office from which such summons, notice or other process has been served.
(1B)Summons may be sustained by a letter or letter of request where the person to be summoned is, in the opinion of the Charity Commissioner, [Joint Charity Commissioner], Deputy Charity Commissioner or Assistant Charity Commissioner, of a rank entitling him to such a mark of consideration.
(1C)The summons, letter, notice or any other process shall [unless the contrary is proved] [Inserted by Notification No. 1075/527/106/VI, dated 22nd January, 1976.], be deemed to have been duly served on the person if it is sent by registered post and acknowledgement or refusal thereof has been received.
(1D)The process server shall give his report about the service of summons, notice or any other process on an affidavit to the Officer issuing the summons, notice or other process.]
(2)No summons for the attendance of any witness [or notice to a trustee including notice of demand or any other process] [Inserted by Notification No. 13337/P, dated 2nd June 1972.] shall be issued or shall be caused to be issued at the instance of a party to an inquiry or other proceeding under the Act, unless the party first deposits with the Charity Commissioner or Deputy or Assistant Charity Commissioner, as the case may be, such sum as in his opinion is sufficient to defray the cost of travelling and other allowances payable to such witness trustee or person on which the process is to be served.