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CA Intermediate · Corporate and Other Laws · The General Clauses Act, 1897

Meera, a Chartered Accountant, was given a notice dated 3rd June, sent by registered post and properly addressed and prepaid, under a Central Act that requires service by post. No contrary intention appears in the Act. Which statement is correct under the General Clauses Act, 1897 on when service is deemed effected?

Service is deemed effected when the letter would be delivered in the ordinary course of post, unless the contrary is proved. The General Clauses Act, 1897 requires proper addressing, prepayment and registered posting, but neither posting date nor actual reading fixes the time of service.

  1. AService is deemed effected on the day the notice is posted
  2. BService is deemed effected only when Meera actually reads the notice
  3. CService is deemed effected at the time at which the letter would be delivered in the ordinary course of post, unless the contrary is provedCorrect
  4. DService is deemed effected on the 30th day after posting in every case

Explanation

Under the Act, service by post is deemed effected by properly addressing, prepaying and posting the letter by registered post, and unless the contrary is proved, it is deemed effected at the time the letter would be delivered in the ordinary course of post. Date of posting and actual reading are not the tests, and no fixed 30-day rule applies.

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