Panchayat:Repo18/Law Manual Page0566

THE KERALA PANCHAYAT RAJ (MANNEROF SERVICE OF NOTICES) RULES, 1996*

S.R.O. No. 285/96.— In exercise of the powers conferred under clause (xv) of sub-section (2) of Section 254 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) the Government of Kerala hereby make the following rules, namely:

RULES

1. Short title and commencement.

(1) These rules may be called the Kerala Panchayat Raj (Manner of Service of Notices) Rules, 1996.

(2) They shall come into force at once.

2. Definitions.

In these rules, unless the context otherwise requires,

(a) 'Act' means the Kerala Panchayat Raj Act, 1994 (13 of 1994);

(b) Words and expressions used and not defined in these rules, but defined in the Act shall have the meanings respectively assigned to them in the Act.

3. Serving of notice.-

(1) In case the Act or rules or bye-laws made thereunder requires the Panchayat to serve any notice or document to a person, such service or sending shall, unless otherwise provided in the Act or rules or bye-laws made thereunder, be done,

(a) by service or sending of notice or document to such person; or

(b) if such person cannot found out, by leaving such notice or document at his last known place of abode or business or by entrusting the same to some adult member or servant of his family and in the case of employees working in firms, factories, plants and workshops where admission to notice server is prohibited or where service of notice cannot be possible in the ordinary course, by entrusting the same to the head of the institution or to any authorised person; or

(c) if such person's address elsewhere is known to the Secretary, by sending the same to that address by registered post; or

(d) if none of the aforesaid means are available, by affixing the notice in some conspicuous part of his abode or work place.

(2) It shall not be necessary to name the owner or occupier in the notice, if such notice is regarding any building or land and in the case of joint owners and joint occupiers it shall be sufficient if the notice is served or sent to anyone of such person.

(3) Any bill, notice, order, form, summons, demand notice or other document served or sent under the Act or the rules made thereunder, if so provides that any fee or other sum shall be remitted or any work shall be executed, or anything shall be paid within such period fixed therein, then unless the Act or rules or bye-laws provides to the contrary, such period shall be calculated from the date of such service or sending.

(4) In the case of refusal of a notice, the date of refusal shall be deemed to be the date of service.