Rule 36 - Mode of service of summon - Multi-State Cooperative Societies Rules, 2002

CHAPTER 9 MISCELLANEOUS Mode of service of summon 36. (1) Every summon issued under the Act or these rules shall be in writing, shall be authenticated by the sea, if any, of the officer by whom it is issued and shall be signed by such officer or by any person authorised by him 1 [ not below the rank of Assistant Registrar of Co-operative Societies in a state or an officer of equivalent rank ] in writing in that behalf. It shall require the person summoned to appear before the said officer at a stated time and place, and shall specify whether his attendance is required for the purpose of giving evidence, or to produce a document, or for both purposes, and any particular document the production of which is required, shall be described in the summons with reasonable accuracy. (2) Any person may be summoned to produce a document, without being summoned to give evidence, and any person summoned merely to produce a document shall be deemed to have complied with the summons if he causes such document to be produced, instead of attending personally to produce the same. (3) The service of summons under the Act or these rules on any person, may be effected in any of the following ways:- (a) by giving or tendering it to such person; (b) if such person is not found, by delivering or transmitting at the place where the person or his agent empowered to accept the summons on behalf of the person, actually and voluntarily resides or carries on business or personally works for gain; or (c) if the address of such person is known to the Central Registrar or other authorised person by sending it to him by registered post acknowledgement due; or (d) if none of the means aforesaid is available, by affixing it in some conspicuous part of his last known place where he actually or voluntarily resides or carries on business or personally works for gain. (4) Where the serving officer delivers or tenders a copy of the summons to the person personally or his agent on his behalf, he shall require the signature of the person to whom the copy is so delivered or tendered as an acknowledgement of service endorsed on the original summons. (5) The serving officer shall in all cases in which the summons have been served under sub-rule (4), endorse or annex, or cause to be endorsed or annexed, on or to the original summons a return stating the time when and the manner in which the summons was served and the name and address of the person, if any, identifying the person served and witnessing the delivery or tender of the summons. (6) Where the person to be summoned is a public officer or is a servant of a company or a local authority, the officer issuing the summons may, if it appears that the summons may be conveniently so served, send it by registered post acknowledgement due for service on the party to be summoned, to the head of the office in which he is employed together with a copy to be retained by such person. ********** Notes 1. Inserted vide Notification No. G.S.R. 717 (E) dated 12-11-2007