CHAPTER VII
MISCELLANEOUS
22. (1) A notice under 1[the Act] or these rules may be served by any of the following methods:-
(i) by delivering it or tendering it to the occupier or his agent 2[ at the factory or as the case may be, at the unit] or
(ii) by registered post :
Provided that, if upon an attempt having been made to serve any such notice by any of the above mentioned methods, the authority concerned is satisfied that the party concerned is evading the service of notice or that for any other reason, the notice cannot be served by any of the above mentioned method, the said authority shall cause notice to be served by affixing a copy thereof at some conspicuous place 2[in the factory or, as the case may be, in the unit ] or at the office address or residence of the party concerned, as far as may be known or ascertained.
(2) When the officer serving a notice delivers or tenders a copy of the notice to the party concerned personally or to his agent, he shall require signature of the person to whom the copy is so delivered or tendered as acknowledgement of service endorsed on the original notice. When the notice is served by affixing a copy thereof in accordance with the proviso to sub-rule(1) the officer serving it shall return the original to the authority which issued the notice with a report endorsed thereon or annexed thereto stating that he so affixed the copy, the circumstances under which he did so and the name and address of the person, if any, by which the building in which the party’s office or residence is located was identified, and in whose presence the copy was affixed. The said officer shall also obtain the signature or thumb impression of the person identifying the party’s office or residence on his report.
(3) The authority at whose instance the notice was issued shall, if he is satisfied from the report of the messenger or the postal acknowledgement or by taking such evidence as he deems proper that the notice has been served in accordance with this rule, record an order to that effect. If he is not satisfied that the notice has been properly served, he may, after recording an order to that effect, direct the issue of a fresh notice.
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1. Substituted by G.N. of 8.11.1963.
2. Substituted by G.N. of 25.11.1974