Rule 52
Procedure For Time Limit (mayad )
(1) In order to provide initial time limit in the context of accused, pursuant to Sub-section (1) of Section 81 of the Act the authorized customs officer shall issue a Notice of Fifteen days in addition to the travel time for the accused in a format as prescribed in Schedule-10.
(2) In order to issue Notice to the accused pursuant to Sub-rule (1) above, the Notice shall be served to the accused or member of his/her family who are of the legal age limit. In case of the accused or his/her members of the family are not available or the accused or his/her family members refuse to accept Notice, the notice server shall stick the
Notice at the door of their home or rented house with the Two witnesses signing the notice and notify the reasons accordingly.
(3) If the notice server does not find the accused person or member of his/her family in the home address or rented house address, he/she shall state the same particulars and stick the notice, in case of Village Development Committee, in the village development committee office and in case of municipality, in the municipality ward office where the house or rented house is located, in the absence of such offices in the public place , in the presence of person of the local body or representative or Two witnesses. In such a situation, such a notice shall be considered legally served.
(4) In case of serving the Notice to the firm, company or corporate body, the Notice shall be served to the member of the board, or administrator, or chief of such corporate body or legally authorized person of such corporate body. In case such person is not available or the person refuse to accept the notice, the notice server upon, noting the
particulars thereof shall stick the notice at the door of their office with the two witnesses signing the notice. In such a situation, such a notice shall be considered legally served.
(5) Notwithstanding anything contained in this Rule, the notice served to any person through registered post in the stated address, or in such person’s telefax or email address shall be considered to have been legally served.
(6) The notice server should serving notice, pursuant to Sub-rule (2), (3) or (4), shall serve it within Three days in addition to the travel time.
(7) In case of receiving report stating that notice could not be served as referred to in Sub-rule (2),(3), (4) or (5); the notice may be served through radio, television, website of the department or the customs office, and publication or broadcasting in the electronic media or publication in the national newspaper. In such case of serving notice
through media or broadcast, the notice shall be considered legally served after Five days of such broadcast or publication.
(8) The customs office shall charge and collect the expenditure incurred to the service of Notice pursuant to Sub-rule (7) from the person concerned as government due.
(2) In order to issue Notice to the accused pursuant to Sub-rule (1) above, the Notice shall be served to the accused or member of his/her family who are of the legal age limit. In case of the accused or his/her members of the family are not available or the accused or his/her family members refuse to accept Notice, the notice server shall stick the
Notice at the door of their home or rented house with the Two witnesses signing the notice and notify the reasons accordingly.
(3) If the notice server does not find the accused person or member of his/her family in the home address or rented house address, he/she shall state the same particulars and stick the notice, in case of Village Development Committee, in the village development committee office and in case of municipality, in the municipality ward office where the house or rented house is located, in the absence of such offices in the public place , in the presence of person of the local body or representative or Two witnesses. In such a situation, such a notice shall be considered legally served.
(4) In case of serving the Notice to the firm, company or corporate body, the Notice shall be served to the member of the board, or administrator, or chief of such corporate body or legally authorized person of such corporate body. In case such person is not available or the person refuse to accept the notice, the notice server upon, noting the
particulars thereof shall stick the notice at the door of their office with the two witnesses signing the notice. In such a situation, such a notice shall be considered legally served.
(5) Notwithstanding anything contained in this Rule, the notice served to any person through registered post in the stated address, or in such person’s telefax or email address shall be considered to have been legally served.
(6) The notice server should serving notice, pursuant to Sub-rule (2), (3) or (4), shall serve it within Three days in addition to the travel time.
(7) In case of receiving report stating that notice could not be served as referred to in Sub-rule (2),(3), (4) or (5); the notice may be served through radio, television, website of the department or the customs office, and publication or broadcasting in the electronic media or publication in the national newspaper. In such case of serving notice
through media or broadcast, the notice shall be considered legally served after Five days of such broadcast or publication.
(8) The customs office shall charge and collect the expenditure incurred to the service of Notice pursuant to Sub-rule (7) from the person concerned as government due.