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State of Sikkim - Section

Section 96 in Sikkim Urban and Regional Planning and Development Act, 1998

96. Service of notice etc.

(1)All documents including notices and orders required by this Act or any rule or regulation made thereunder to be served upon any person shall, save as otherwise provided in this Act or rule or regulation made thereunder, be deemed to be duly served-
(a)Where the document is to be served on a Government department, Railway, local authority, statutory authority, company, corporation, society or other body, if the document is addressed to the head of the Government department, General Manager of the Railway, Secretary or principal officer of the local authority, statutory authority, company, corporation, society or any other body at its principal, branch, local or registered office, as the case may be, and is either-
(i)Sent by registered post to such office; or
(ii)Delivered at such office;
(b)Where the person to be served is a partnership, if the document is addressed to the partnership at its principal place of business, identifying it by the name or style under which its business is carried on, and is either-
(i)Sent by registered post; or
(ii)Delivered at the said place of business;
(c)In any other case, if the document is addressed to the person to be served and -
(i)Is given or tendered to him; or
(ii)If such person cannot be found, is affixed on conspicuous part of his last known place of residence or business or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or the building to which it relates; or
(iii)Is sent by registered post to that person.
(2)Any document which is required or authorized to be served on the owner or occupier of any land or building may be addressed "the owner" or "the occupier", as the case may be, of that land or building (naming or describing that land or building) without further name or description, and shall be deemed to be duly served:-
(a)If the document so addressed is sent or delivered in accordance with clause (c) of sub-section (1); or
(b)If the document so addressed or a copy thereof so addressed is delivered to some person on the land or building.
(3)Where a document is served on a partnership in accordance with section, the document is deemed to be served on each partner.
(4)For the purpose of enabling any document to be served on the owner of any property, the officer authorized in this behalf by the Board, or the Authority, as the case may be, by notice in writing require the occupier, if any, or the property to state the name and address of the owner thereof.
(5)Where the person on whom a document is to be served is a minor, the service upon his guardian or any adult member of his family shall be deemed to be service upon the minor.
(6)A servant is not a member of the family within the meaning of his section.