Section 68X: Service of notices and orders

1[68X. Service of notices and orders.– Any notice or order issued or made under this Chapter shall be served–

(a) by tendering the notice or order or sending it by registered post to the person for whom it is intended or to his agent;

(b) if the notice or order cannot be served in the manner provided in clause (a), by affixing it on a conspicuous place in the property in relation to which the notice or order is issued or made or on some conspicuous part of the premises in which the person for whom it is intended is known to have last resided or carried on business or personally worked for gain.]

1. Ins. by Act 2 of 1989, s. 19 (w.e.f. 29-5-1989)

Simplified Explanation

Section 68X outlines the procedures for serving notices and orders issued under this Chapter. It specifies the acceptable methods of service to ensure that individuals or entities affected by the proceedings are properly notified. The section is intended to ensure that due process is followed when a notice or order is served.

Key Provisions of Section 68X:

1. Method of Service:
   • By Tendering or Registered Post:
     • A notice or order can be served by tendering the notice directly to the person for whom it is intended or by sending it by registered post to their address or to their authorized agent.
   • If Direct Service is Not Possible:
     • If the notice or order cannot be served in the first manner (i.e., tendering or sending via registered post), it can be served by affixing the notice or order:
       • On a conspicuous place on the property related to the notice or order.
       • On a conspicuous part of the premises where the person is known to have last resided, conducted business, or worked for gain.

Implications of Section 68X:

1. Ensuring Proper Notice:
   • This provision ensures that the person affected by the notice or order is properly informed, either through personal delivery, registered mail, or public notice.
   • By allowing multiple methods of service, the section ensures that the notice or order is not invalid due to an inability to deliver it in person.
2. Protecting Due Process:
   • The requirement of serving notices ensures that individuals and entities are given the opportunity to respond to notices or orders made against them. It aligns with principles of natural justice by ensuring affected parties are aware of the proceedings.
3. Legal Certainty:
   • The section clarifies that if a notice or order cannot be served in the standard manner, alternative methods such as affixing the notice at the relevant property or premises can be used. This helps avoid delays in proceedings due to difficulties in personal service.
4. Flexibility in Service:
   • The flexibility in service methods (tendering, post, or affixing notices) allows the competent authority to effectively communicate with individuals even when they are difficult to locate, ensuring the legal process is not hindered.

Example:

If a notice regarding the forfeiture of property is issued to a person who is not readily available at their residence or office, the competent authority may try to serve the notice by registered post. If that fails (for example, if the person has moved or the post is undelivered), the notice can be affixed to a prominent location on the property in question or at the premises where the person was last known to reside or work. This ensures that the notice is still legally valid and that the individual is informed.

Conclusion:

Section 68X ensures that notices and orders issued under this Chapter are served in a manner that protects the rights of affected parties and upholds the integrity of legal proceedings. It establishes clear and flexible guidelines for serving notices, thereby preventing delays or challenges due to issues with service.