Publication, affixation and defacement of notice

§19

Summary

19. (1) Save, as otherwise expressly provided in an order made under this Act, every authority, officer or person who makes any order in writing in pursuance of this Act [other than an award]2 shall, in the case of an order of a general nature or affecting a class of persons, publish notice of such order in such manner as may in the opinion of such authority, officer or person, be best adapted for informing persons whom the order concerns and in the case of an order affecting an individual, corporation or firm serve or cause the order to be served in the manner provided for the service of a summons in Order XXIX, Rule 2, or Order XXX, Rule 3 of the Code of Civil Procedure, 1908, as the case may be, and in the case of an order affecting an individual person (not being a corporation or firm) serve or cause the order to be served on that 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 personally worked for gain.(2) If in the course of any judicial proceedings, a question arises whether a person was duly informed of an order made in pursuance of this Act, compliance with sub-section (1) shall be conclusive proof that the he was so informed ; but a failure to comply with sub-section (1) - (i) shall not preclude proof by other means that he was so informed ; and (ii) shall not affect the validity or the order. (3) Any police officer and any other person authorized by the State Government 1 in this behalf may, for any purpose connected with the purposes mentioned in section 3 for the administration of this Act, affix any notice to, or cause any notice to be displayed on any premises, vehicle or vessel and may, for the purpose of exercising the power conferred by this Act, enter any premises, vehicle, or vessel at any time.(4) Any person authorized by the [State Government]1 in this behalf may, for any purpose mentioned in sub-section (3), by order direct the owner or other person in possession or control of any premises, vehicle or vessel to display, any notice on, or in the premises vehicle or vessel in such manner as may be specified in the order. (5) If any person without lawful authority removes, alters, defaces, obliterates or in any way tampers with any notice affixed, or displayed in pursuance of this Act, or contravenes any order under sub-section (4), he shall be punishable with imprisonment for a term which may extend to six months or with fine or with both.

19. (1) Save, as otherwise expressly provided in an order made under this Act, every authority, officer or person who makes any order in writing in pursuance of this Act [other than an award]2 shall, in the case of an order of a general nature or affecting a class of persons, publish notice of such order in such manner as may in the opinion of such authority, officer or person, be best adapted for informing persons whom the order concerns and in the case of an order affecting an individual, corporation or firm serve or cause the order to be served in the manner provided for the service of a summons in Order XXIX, Rule 2, or Order XXX, Rule 3 of the Code of Civil Procedure, 1908, as the case may be, and in the case of an order affecting an individual person (not being a corporation or firm) serve or cause the order to be served on that 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 personally worked for gain. (2) If in the course of any judicial proceedings, a question arises whether a person was duly informed of an order made in pursuance of this Act, compliance with sub-section (1) shall be conclusive proof that the he was so informed ; but a failure to comply with sub-section (1) - (i) shall not preclude proof by other means that he was so informed ; and (ii) shall not affect the validity or the order. (3) Any police officer and any other person authorized by the State Government 1 in this behalf may, for any purpose connected with the purposes mentioned in section 3 for the administration of this Act, affix any notice to, or cause any notice to be displayed on any premises, vehicle or vessel and may, for the purpose of exercising the power conferred by this Act, enter any premises, vehicle, or vessel at any time. (4) Any person authorized by the [State Government]1 in this behalf may, for any purpose mentioned in sub-section (3), by order direct the owner or other person in possession or control of any premises, vehicle or vessel to display, any notice on, or in the premises vehicle or vessel in such manner as may be specified in the order. (5) If any person without lawful authority removes, alters, defaces, obliterates or in any way tampers with any notice affixed, or displayed in pursuance of this Act, or contravenes any order under sub-section (4), he shall be punishable with imprisonment for a term which may extend to six months or with fine or with both.

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