Maharashtra Housing and Area Development (Land Acquisition) (Service of Notice) Rules, 1979

The Maharashtra Housing and Area Development (Land Acquisition) (Service of Notice) Rules, 1979

Published vide Notification No. G.N., P.W. & H.D., No. ARS. 2178/12153/(131)/A-Desk-44, dated 10th August, 1979 (M.G., Part 4B, p. 1567)

mh278

In exercise of the powers conferred by clause (iv) of sub-section 184 read with the proviso to sub-section (1) of section 41 of the Maharashtra Housing and Area Development Act, 1976 (Maharashtra XXVII of 1977), and of all other powers enabling it in that behalf; the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by sub-section (3) of the said section 184, namely :-

1. Short title.- The rules may be called the Maharashtra Housing [and]Area Development (Land Acquisition) (Service of Notice) Rules, 1979.
2. Definitions.- (1) In these rules, unless the context otherwise requires, -

(a) "Act" means the Maharashtra Housing and Area Development Act, 1976 (Maharashtra XXVIII of 1977);

(b) "Section" means section of the Act.

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

3. Manner of service of notice under the proviso to section 41 (1) of the Act.- Service of any notice issued under the proviso to sub-section (1) of section 41 of the Act shall be effected.

(i) by delivering or tendering the notice to the person to whom it is addressed; or

(ii) by sending the notice to such person by registered post at address where he is known to have last resided or carried on business or personally worked for gain; or

(iii) Where such person cannot be found or is avoiding the service of the notice or the notice cannot be served by either of the above mentioned method, by leaving an authentic copy of the notice with any audit 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 or to some conspicuous part of the land to be acquired.