The Goa, Daman and Diu Land Revenue (Procedure of Revenue Officers for saving summons, etc.) Rules, 1969

Published vide Notification No. RD/LRC/245/69-71/3, dated 16th February, 1971

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RD/LRC/245/69-71/III. - In exercise of the powers conferred by sub-section (2) of section 199 of the Land Revenue Code, 1968 (9 of 1969) and all other powers enabling him in that behalf the Lieutenant Governor of Goa, Daman and Diu is hereby pleased to make the following rules:

Short title and commencement.- (1) These rules may be called the Goa, Daman and Diu Land Revenue [(Procedure of Revenue Officers for serving summons, etc.)]Rules, 1969.

(2) They shall come into force at once.

Mode of serving summons.- (1)Where the person serving a summons serves it by tendering or delivering a copy of it to the person summoned, he shall require the signature or the attested thumb impression of the person to whom the copy is tendered or delivered to be endorsed in acknowledgement of service on the original summons.

(2) Where a summons is served by affixing a copy of it to some conspicuous part of the usual residence of the person summoned, the person serving the summons shall return the original copy of the summons to the revenue or survey officer by whom it was issued with a report endorsed thereon or annexed thereto stating that he has affixed the copy, the circumstances under which he did so and the name and address of the person in whose presence the copy was affixed. The report shall be attested by the person in whose presence the service was effected.

Mode of serving notice on authorised agent.- (1) Where the authorised agent on whom a notice under the Code is to be served is a legal practitioner, the notice may be served by leaving a copy thereof at his office or at the usual place of his residence, and such service shall be deemed to be as effectual as service on the authorised agent personally.

(2) Where the person on whom a notice is to be served cannot be found and such person has no authorised agent, service may be on any adult member of the family of such person who is residing with him.

Explanation. - For the purpose of this sub-rule, a servant shall not be deemed to be a member of the family of the person on whom the notice is to be served.

(3) Where a notice is served either by tendering or delivering a copy thereof personally to the person on whom it is to be served or his authorised agent, he shall require the signature or thumb impression of the person to whom the copy is tendered or delivered to be endorsed in acknowledgement of service, on the original notice.

(4) Where a notice is served by affixing a copy thereof at the last known place of residence of the person on whom the notice is to be served, the person serving the notice shall return the original copy of the notice to the officer who issued it, with a report endorsed thereon or annexed thereto stating that he has so affixed the copy, the circumstances under which he did so, the name and address of the person in whose presence the copy was affixed; and where the copy is affixed at the last known place of residence of the person on whom the notice is to be served, the report shall also contain the name and address of the person by whom the house was identified and shall be attested by the person in whose presence the service was made or person by whom the house was identified.

Form of warrant to be issued under Section 184.- The warrant to be issued under Section 184 shall be in Form I.

Form 'I'

(See Rule 4)

Form of Warrant to be issued by the Collector under Section 184

To,

The Officer in charge of the Civil Jail at ................

Whereas AB of ........ has resisted (or obstructed ) C.D.

certain land in the village of ........ in the ........taluka

the land situated at ..........

and whereas it is necessary, in order to prevent the continuance of such resistance or obstruction to commit the said AB to close custody; you are hereby required under the provisions of Section 184 of the Goa, Daman and Diu Land Revenue Code, 1968 to receive the said AB into the jail under your charge and thereto keep him in safe custody for ......... days.

Dated this .......... day of ................ 19 .........

(Signature of Collector)