Subs. by sec. 61 of U. P. Act No. 09 of 1994. — U. P. ACT No . XXXIII of 1961 ]

2 . Subs. by sec. 61 of U. P. Act No. 09 of 1994. Service of notice Defective form Disobedience to noticed issued to individual a reasonable time for doing the same; and it shall rest with the court to determine whether the time so specified was a reasonable time within the meaning of this section. (1) Every notice or bill issued or prepared under any section of this Act or under any rule or bye-law shall, unless it is in such section or rule or bye-law otherwise expressly provided, be served or presented— (a) by giving or tendering the notice or bill, or sending it by post, to the person to whom it is addressed, or (b) if such person is not found, then by leaving the notice or bill at his last known place of abode, if within the jurisdiction of the 1 [Zila Panchayat] or the concerned 1 [Kshettra Panchayat], as the case may be, or by giving or tendering notice or bill to some adult made member or servant of his family, or by causing the notice or bill to be fixed on some conspicuous part of the building or land, if any, to which the notice or bill relates. When a notice under this Act or under a rule or a bye-law is required or permitted by or under this Act, or under a rule or a bye-law to be served upon an owner or occupier of a building or land, the service thereof, in cases not otherwise specially provided for in this Act, shall be effected either — (a) by giving or tendering the notice or sending it by post, to the owner or occupier, of if there be more owners or occupiers than one, to any one of them, or (b) if no such owner or occupier is found, then by giving or tendering the notice to an adult male member or servant of his family or causing the notice to be fixed on some conspicuous part of the building or land to which the same relates. Whenever the person on whom a notice or bill is to be served is a minor, service upon an adult made member or servant of his family shall be deemed to be service upon the minor. No notice or bill shall be invalid for defect of form. If a notice has been given under the provisions of this Act or under a rule or bye-law to a person requiring him to execute a work or to provide or do or refrain from doing anything within time specified in the notice, and if such a person fails to comply with such a notice, then — (a) the 1 [Zila Panchayat] or the concerned 1 [Kshettra Panchayat] , as the case may be may cause such work to be executed or such thing to be provided or done, and may recover all expenses incurred by it on such account from the said person in the manner provided in Chapter VIII and, further; (b) the said person shall be liable, on conviction before a magistrate, to a fine which may extend to one hundred rupees, and, in case of a continuing breach, to a further fine which may extend to five rupees for every day after the date of the first conviction during which the offender is proved to have persisted in the offence. Authority for prosecution Power to compound offences Compensation for damage to property vested in the 1 [Zila Panchayat] Powers and duties of police in respect of offences and assistance to authorities of 1 [Zila Panchayat] and 1 [Kshettra Panchayat] Unless otherwise expressly provided, no court shall take cognizance of any of the offences punishable under this Act or under any rule or bye-law, except on the complaint of, or upon information received from, the 1 [Zila Panchayat] or the concerned 1 [Kshettra Panchayat] or some person authorized by the 1 [Zila Panchayat] or the concerned 1[Kshettra Panchayat] by general or special order in this behalf. (1) The Adhyaksha of a 1 [Zila Panchayat] or the Pramukh of a 1 [Kshettra Panchayat] may either before or after the institution of proceedings, compound an offence against this Act or a rule or bye-law provided that no offence shall be compoundable which is constituted by failure to comply with a written notice issued by the 1 [Zila Panchayat] or the 1[Kshettra Panchayat], or on behalf of the 1 [Zila Panchayat] or the 1 [Kshettra Panchayat], unless and until the notice has been complied with in so far as compliance is possible. When an offence has been compounded the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence so compounded. Sums paid by way of composition under this section shall be credited to the Zila Nidhi or the Kshettra Nidhi, as the case may be. If through an act, neglect or default on account where of a person has incurred a penalty imposed by or under this Act any damage to the property of the 1 [Zila Panchayat] or any 1 [Kshettra Panchayat] has been caused, the person incurring such penalty shall be liable to make good such damage as well as to pay such penalty and the amount of damage shall, in case of dispute, be determined by the magistrate by whom the person incurring such penalty is convicted, and on nonpayment of such amount on demand the same shall be levied by distress ; and such magistrate shall issue his warrant accordingly. Every police officer shall give immediate information to the 1 [Zila Panchayat] or the concerned 1 [Kshettra Panchayat], as the case may be, of an offence coming to his knowledge which has been committed against this Act or nay Act wherein or where under provision is made for the fine being credited to the Zila Nidhi or the Kshettra Nidhi or against any rule made under any of the said Acts ; and shall be bound to assist all members officers and servants of the 1[Zila Panchayat] and of any 1 [Kshettra Panchayat] in the exercise of their lawful authority. Appeals from order of 1[Zila Panchayat] Costs Finally of order of appellate authority Suspension or prosecution in certain cases

Section 2