Section 141
Service of summons
(1)
A summons issued by the Commissioner under Part 16 may be served on any person by delivering or tendering to him a copy thereof signed by the Commissioner:
Provided that —
(a)
if the person to be summoned has an agent authorised to accept service of the summons on his behalf, service on such agent shall be sufficient;
(b)
if the person to be summoned cannot be found and has no agent authorised to accept service of the summons on his behalf, service on any adult male member (not being a domestic worker) of the family of the person to be summoned who is residing with him shall be sufficient.
(2)
When the summons is addressed to a limited company, it may be served —
(a)
by leaving a copy thereof, signed by the Commissioner, at the registered office of that company;
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(b)
by sending such copy by registered post in a letter addressed to the company at its principal office, whether such office is within Brunei Darussalam or elsewhere; or
(c)
by delivering such copy to any director, secretary or other principal office of the company.
(3)
When the person serving such summons delivers or tenders a copy of the summons to the person to be summoned or to an agent or other person on his behalf, he shall require the signature of the person to whom the copy is so delivered or tendered to sign an acknowledgement of service endorsed on the original summons.
(4)
If —
(a)
such person refuses or is unable to sign the acknowledgment; or
(b)
the person serving such summons cannot find the person to be summoned and there is no agent authorised to accept service of the summons on his behalf nor any other person on whom the service can be made, the person serving such summons shall affix a copy of the summons on the outer door of the residence in which the person to be summoned ordinarily resides and then return the original to the Commissioner with a return endorsed thereon or annexed thereto stating that he has so affixed the copy and the circumstances under which he did so.
(5)
The person serving such summons shall, in all cases in which the summons has been served under subsection (3) endorse or annex, or cause to be endorsed or annexed, on or to the original summons a return stating the time when and the manner in which the summons was served.
(6)
When the summons is returned to the Commissioner under subsection (4), the Commissioner shall, if the return under that subsection has not been verified by an affidavit of the person serving the summons, and may, if it has been so verified, examine the person serving the summonses on oath touching the manner of service and may make such further enquiry in the matter as he thinks fit and shall either declare that the summons has been duly served or order such other service as he thinks fit.
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(7)
When the Commissioner is satisfied that there is reason to believe that the person to be summoned is avoiding service or that for any other reason cannot be served in the ordinary way, the Commissioner may order the summons to be served by affixing a copy thereof in some conspicuous part of the house residence which the person to be summoned is known to have last resided, or in such other manner as the Commissioner thinks fit, or may order the substitution for the service of the notice by advertisement in the Gazette and in any local newspaper as the
Commissioner may think fit.
(8)
The service substituted by order of the Commissioner under subsection (7) shall be as effectual as if it had been served personally on the person to be summoned.
(9)
Whenever service is substituted by order of the Commissioner, he shall fix such time for the appearance of the person to be summoned as the case may require.
(10)
Any order or notice in writing made or issued by the
Commissioner or other officer in the exercise of powers conferred by this
Act may be served as if the order or notice were a summons, and the provisions of this section, other than subsection (1), apply to the service of any such order or notice.