| 87.   Orders and notices.-
 (1) Orders and notices under the Act or under these rules shall be served by one of the following methods:
 
 (a) by delivery by hand  of a copy  of the  order  or notice  to the  addressee or to a person declared by him  in Form  105  or to his  agent  duly  authorised in this  behalf  by him,  or to a person for  the  time  being  employed by  him  in  connection with  the business in respect  of  which he  is registered as a dealer,  or  to any  adult  member of his  family  residing with  the  dealer,
 
 (b)   by  post, or  courier agency
 
 (c)   by facsimile message:
 
 (d)  by sending a scanned copy or electronically generated and digitally signed copy of the order or notice by e-mail.
 
 (e)   by sending a copy  of the  order  or notice  by a courier agency  appointed by the  Commissioner for this purpose.
 
 Provided that,  if upon  an  attempt having  been  made  to serve  any  such  order  or notice  by any  of the  above-said methods, the  sales  tax  authority concerned is of the  opinion that  the  order  or  notice   cannot  be  served   by  any  of  the  above-mentioned methods, the  said  authority  shall
 
 (A) in  the  case  of an  addressee who  has  no  fixed  or regular  place  of  business in  the  State  and  on  whom  an attempt  has  been  made  to serve  the notice by post  or by a  courier agency,  but  the  notice  is returned undelivered by the  postal  authorities or courier agency for want  of proper address or  on  the  ground that  the  addresses could  not  be found,  cause   the   notice   to  be   published  in   a   local newspaper; or
 
 (B)    in any  other  case,  cause  the  order  or notice  to be served  by fixing  a copy thereof:
 
 (i)   on some  conspicuous part  of  the dealers office  or  the  building in  which the dealers  office  is located, or upon some  conspicuous part  of the  place  of the dealers  business last  intimated to the  said  authority by the  dealer  or of the  place  where  the  dealer  is known to have  been  last  engaged  in business, or
 
 (ii) on some  conspicuous part  of the  residence or office  of the  dealer  or person or the  building in which his residence  or office  is located, and  such  service  or publication shall  be deemed to be as  effectual as if the  order  or notice  has  been  served on the  addressee personally :
 
 (2) When the  officer  or person serving  an  order  or  notice delivers or  tenders a  copy  of the  order  or  notice, to  the  dealer  or addressee personally or to any  of the  persons referred to in  paragraph (a) of  sub-rule (1),  he  shall  require the  signature of the  person to whom the  copy  is so delivered or tendered to an  acknowledgement of service  endorsed  on the  original order  or notice  or on a separate slip. When  the  notice  is  served  by affixing  a copy  thereof  in accordance with  the  clause  (B) of the  first  proviso  to  sub-rule (1),  the  person serving  it shall  return the  original  to the  sales  tax  authority which issued  the  order  or notice  with  a report  endorsed thereon or annexed thereto, stating  that  he  so affixed  the  copy,  the  circumstances under which he  did  so and  the  name  and  address of the  person, if any,  by whom the addressees office  or residence or the  building in  which his office  or residence is located or his  place  of business was  identified, and  in whose  presence the  copy  was  affixed.  The  said  officer  shall  also  obtain   the   signature  or  thumb  impression  of  the   person identifying the addressees  residence or office  or building or place  of business, to his  report.
 
 (3) When  service  is made  by post  or by a courier agency,  the service  shall  be  deemed to  be  effected   by  properly addressing or preparing the  order  or notice  and  posting  it by registered post  with acknowledgement due  or, as the  case  may  be,  by courier agency  with proof of delivery  acknowledgement and  unless the  contrary is proved, the  service  shall  be deemed to have  been  effected  at the  time  at which the  order  or  notice  would  be delivered in the  ordinary course  of post or, as the  case  may  be, courier.
 (4) Notwithstanding anything contained in this rule, where an order, notice or any communication is made electronically and addressed to the dealer by e-mail which is provide to the department by the dealer by e-mail which is provided to the department by the dealer, then such order, notice or communication, shall be deemed to have been served on the addressee. For the purpose of this sub-rule, the provision of section 13 of the information Technology act, 2000 (21 of 2000) shall be applicable.
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