Report No. 37
For section 71 of the principal Act, substitute the following section, namely:-
"71. Procedure when service cannot be effected as before provided.- If service in the manner mentioned in sections 69 and 70 cannot by the exercise of due diligence be effected, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and the Court, after making such inquiry as it thinks fit, may either declare that the summons has been duly served, or order fresh service in such manner as it considers proper.
[Cf. Order 5, rule 19, Code of Civil Procedure, 1908]
Section 74A (New)
After section 74 of the principal Act, insert the following section namely:-
"74A. Issue of summons for service by post.-(1) In the case of witnesses the court may, in addition to and simultaneously with the issue of a summons for service in the manner provided in sections 68 to 74 (both inclusive) also direct the summons be served by registered post addressed to the witness at the place where the witness ordinarily resides or carries on business or personally works for gain:1
(2) When an acknowledgment purporting to be signed by the witness or an endorsement purporting to be made by postal employee that the witness refused to take delivery has been received, the Court issuing the summons may declare that there has been valid service."
[Cf. Order 5, rule 20A(2), Code of Civil Procedure, 1908]
1. Cf. 27th Report (Code of civil Procedure), pp. 46-47, Order 5 rule 19A, as proposed in that Report.
In section 78 of the principal Act, for sub-section (1), substitute the following sub section, namely:-
"(1) A District Magistrate or a sub-divisional Magistrate or a Chief Judicial Magistrate or a Judicial Magistrate of the first class may direct a warrant to any landholder, farmer or manager of land within the area of his jurisdiction for the arrest of any escaped convict, proclaimed offender or person who has been accused of a non bailable offence, and who has eluded pursuit."
[Cf. section 78(1), Punjab]
In section 87 of the principal Act, in sub-section (2), insert the following clause at the end, namely:-
"(d) if the Court so directs, a copy thereof shall also be published in a daily newspaper circulating in the place in which such person ordinarily resides."
In section 88 of the principal Act, in sub-section
(a) in sub-section (2), for the words "District Magistrate or Chief Presidency Magistrate", substitute the words "Chief Presidency Magistrate, District Magistrate or Chief Judicial Magistrate";
(b) in sub-section (6), for the words and figures "Chapter XXXVI of the Code of Civil Procedure", substitute the words and figures "Code of Civil Procedure, 1908 (5 of 1908)";
[Cf. section 88(2), Punjab]
(c) in sub-section (6B), for the words "District Magistrate or Chief Presidency Magistrate", substitute the words "Chief Presidency Magistrate, District Magistrate or Chief Judicial Magistrate".
[Cf. section 88(6B), Punjab]
(d) in sub-section (6C), in the proviso, for the words "District Magistrate or Chief Presidency Magistrate", substitute the words "Chief Presidency Magistrate, District Magistrate or Chief Judicial Magistrate."
[Contrast section 88(6C), Punjab]