Section 194: Presumption where notice is served by post

Where a notice or other document is served by post, it shall be deemed to have been served at the time when the letter containing it would be delivered in the ordinary course of post, and in proving such service, it shall be sufficient to prove that the letter containing the notice or other document was property addressed and registered.

Simplified Explanation

Overview:

This section establishes a legal presumption regarding the delivery of notices or documents sent via registered post. It simplifies the process of proving service and reduces the burden on the sender (typically the railway administration).

Key Provisions:

1. Deemed Service:
   • If a notice is sent by registered post, it is presumed to have been served when it would ordinarily be delivered in the normal course of post, irrespective of whether the recipient acknowledges receipt.
2. Proof Requirements:
   • To prove service, the sender only needs to demonstrate:
     • The notice or document was properly addressed to the recipient.
     • It was registered with the postal service.
3. No Requirement for Actual Receipt:
   • The section does not require proof that the recipient actually received the notice. It relies on the efficiency and reliability of the postal system.

Practical Implications:

1. Ease of Communication:
   • The presumption simplifies the administrative process for railway administrations, enabling them to focus on compliance without having to chase acknowledgments.
2. Reduced Burden of Proof:
   • The sender does not need to produce evidence of delivery or acknowledgment by the recipient. The act of proper registration and addressing is sufficient.
3. Encourages Responsibility by Recipients:
   • Recipients are expected to ensure they collect their postal communications in a timely manner.
4. Legal Certainty:
   • The provision ensures clarity and avoids disputes over whether a notice was served, provided the procedural requirements are met.

Examples:

1. If the railway administration sends a demand notice to a person by registered post and the letter is returned as “unclaimed,” the notice is still deemed served since it was properly addressed and registered.
2. Suppose a document is sent on January 1st, and the ordinary delivery time for such post is three days. It will be presumed that the notice was served on January 4th.

Conclusion:

Section 194 provides a practical and legally sound mechanism for presuming the service of notices or documents sent by registered post. By focusing on the proper addressing and registration of the notice, the section minimizes disputes over service while ensuring accountability on both the sender’s and recipient’s parts. This provision is particularly beneficial in ensuring the timely and effective communication of important legal and administrative matters.