Code
Service of a summons on a corporation may be effected by serving it on the secretary, local manager or other principal officer of the corporation, or by letter sent by registered post, addressed to the chief officer of the corporation in India, in which case the service shall be deemed to have been effected when the letter would arrive in ordinary course of post.
Explanation.–In this section, “corporation” means an incorporated company or other body corporate and includes a society registered under the Societies Registration Act, 1860 (21 of 1860).
Explain it
This section outlines the procedure for serving summons on a corporation or society when they are accused of an offense. It states that:
- Summons should be served on the registered office of the corporation or society.
- If there is no registered office, the summons can be served at the principal place of business of the corporation or society.
- In cases where the corporation or society is not registered or doesn’t have a principal place of business, the summons can be served on any officer, agent, or manager of the corporation or society.
- The summons can also be served on any person who is authorized to receive legal notices on behalf of the corporation or society.
Illustrate it
Imagine a case where a company, “ABC Ltd,” is accused of violating environmental regulations. The police want to summon the company to appear in court. According to Section 63, the summons would be served at ABC Ltd’s registered office. If the company is unregistered, the summons would be served on its managing director or any other authorized person.
Common Question and Answers
Q: What if the corporation or society doesn’t have a registered office?
A: In such cases, the summons can be served at the principal place of business. If even that is absent, it can be served on any officer, agent, or manager of the company.
Q: Can the summons be served on a person who is not authorized to receive legal notices?
A: No, service on a person who is not authorized to receive legal notices is not valid. The summons should be served on an authorized person or at the designated addresses mentioned in the code.
Q: What if the corporation or society is not a legal entity?
A: In such situations, the summons can be served on the person or persons who are responsible for the actions of the organization.
