Lawgist.Download the App Now!
Get our Android app for fast and offline Access.
(1) An order made under section 4 shall- (a) if it is an order of a general nature or affecting a class of person, be notified in the Official Gazette; (b) if it is an order affecting an individual corporation or firm, be served in the manner provided for the service of a summons in rule 2 of Order XXIX or, as the case may be, rule 3 of Order XXX in the First Schedule of the Code of Civil Procedure, 1908 (V of 1908); (c) if it is an order affecting an individual person other than a corporation or firm, be served on the person- (i) personally, by delivering or tendering to him the order, or (ii) by post, or (iii) where the person cannot be found, by leaving an authentic copy of the order with some adult male member of his family, or by affixing such copy to some conspicuous part of the premises in which he is known to have last resided or carried on business or worked for gain, and a written report of such affixing shall be prepared and witnessed by two persons living in the neighbourhood. (2) Where a question arises whether a person was duly informed of an order made in pursuance of section 4, compliance with the requirements of sub-section (1) shall be conclusive proof that he was so informed; but failure to comply with the said requirements shall not preclude proof by other means that he was so informed or affect the validity of the order.
<span style="margin-left:15px;"></span>(<i>1</i>) An order made under section 4 shall-<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>a</i>) if it is an order of a general nature or affecting a class of person, be notified in the <i>Official Gazette</i>;<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><i>(b)</i> if it is an order affecting an individual corporation or firm, be served in the manner provided for the service of a summons in rule 2 of Order XXIX or, as the case may be, rule 3 of Order XXX in the First Schedule of the Code of Civil Procedure, 1908 (V of 1908);<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>c</i>) if it is an order affecting an individual person other than a corporation or firm, be served on the person-<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>i</i>) personally, by delivering or tendering to him the order, or<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>ii</i>) by post, or<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>iii</i>) where the person cannot be found, by leaving an authentic copy of the order with some adult male member of his family, or by affixing such copy to some conspicuous part of the premises in which he is known to have last resided or carried on business or worked for gain, and a written report of such affixing shall be prepared and witnessed by two persons living in the neighbourhood.<br> <span style="margin-left:15px;"></span>(<i>2</i>) Where a question arises whether a person was duly informed of an order made in pursuance of section 4, compliance with the requirements of sub-section (<i>1</i>) shall be conclusive proof that he was so informed; but failure to comply with the said requirements shall not preclude proof by other means that he was so informed or affect the validity of the order. <br>