Indian Bare Acts



Year : 1894

(1) Service, of any notice under this Act shall be made by delivering or tendering a copy thereof signed, in the case of a notice under section 4, by the officer therein mentioned, and, in the case of any other notice, by or by order of the Collector or the Judge.

(2) Whenever it may be practicable, the service of the notice shall be made on the person therein named.

(3) When such person cannot be found, the service may be made on any adult male member of his family residing with him; and, if no such adult male member can be found, the notice may be served by fixing the copy on the outer door of the house in which the person there in named ordinarily dwells or carries on business, or by fixing a copy thereof in some con spicous place in the office of the officer aforesaid or of the Collector or in the Court-house, and also in some con spicous part of the land to be acquired:

Provided that, if the Collector or Judge shall so direct, a notice may be sent by post, in a letter addressed to the person named therein at his last known residence, address or place of business and registered under Part III of the {See now the Indian Post Office Act, 1898 (6 of 1898).} Indian Post Office Act, 1866, and service of it may be proved by the production of the addressee$s receipt.

Whoever willfully obstructs any person in doing any of the acts authorised by section 4 or section 8, or willfully fils up, destroys, damages or displace any trench or mark made under section 4, shall, on conviction before a Magistrate, be liable to imprisonment for any term not exceeding one month, or to fine not exceeding fifty rupees, or to both.

If the Collector is opposed or impeded in taking possession under this Act of any land, he shall, if a Magistrate, enforce the surrender fo the land to himself, and, if not a Magistrate, he shall apply to a Magistrate or (within the towns of Calcutta, Madras and Bombay) to the Commissioner of Police, and such Magistrate or Commissioner (as the case may be ) shall enforce the surrender of the land to the Collector.

(1) Except in the case provided for in section 36, the Government shall be at liberty to withdraw from the acquisition of any land of which possession has not been taken.

(2) Whenever the government withdraws from any such acquisition, the Collector shall determine the amount of compensation due to the damage suffered by the owner in consequence of the notice or of any proceedings there under, and shall pay such amount to the person interested, together with all costs reasonably incurred by him in the prosecution of the proceedings under this Act relating to the said land.

(3) The provisions of Part III of this Act shall apply, so far as may be, to the determination of the compensation payable under this section.

(1) The provisions of this Act shall not be put in force for the purpose of acquiring a part only of any house, manufactory or other building, if the owner desire that the whole of such house, manufactory or building shall be so acquired:

Provided that the owner may, at any time before the Collector has made his award under section 11, by notice in wriitng, withdraw or modify his expressed desire that the whole of such house, manufactory or building shall be so acquired.

Provided also that, if any question shall arise as to whether any land proposed to be taken under this Act does or does not form part of a house, manufactory or building within the meaning of this section, the Collector shall refer the determination of such question to the Court and shall not take possession of such land until after the question has been determined.

In deciding on such a reference the Court shall have regard to the question whether the land proposed to be taken is reasonably required for the full and unimpaired use of the house, manufactory or building.

(2) If, in the case of any claim under section 23, sub-section (1), thridly, by a person interested, on account of the severing of the land to be acquired from his other land, the appropriate Government is of opinion that the claim is unreasonable or excessive, it may, at any time before the Collector has made his award, order the acquisition of the whole of the land of which the land first sought to be acquired forms a part.

(3) In the case last here in before provided for, no fresh declaration or other proceedings under sections 6 to 10, both inclusive, shall be necessary; but the Collector shall without delay furnish a copy of the order of the appropriate Government to the person interested, and shall thereafter proceed to make his award under section 11.

(1) Where the provisions of this Act are put in force for the purpose of acquiring land at the cost of any fund controlled or managed by a local authority or of any Company, the charges of and incidental to such acquistion shall be defrayed from or by such fund or Company.

(2) In any proceeding held before a Collector or Court in such cases the local authority or company concerned may appear and adduce evidence for the purpose of determining the amount of compensation:

that no such local authority or Company shall be entitled to demand a reference under section 18.

No award or agreement made under this Act shall be chargeable with stamp-duty, and no person claiming under any such award or agreement shall be liable to pay any fee for a copy of the same.

No suit or other proceeding shall be commenced or prosecuted against any person for anything done in pursuance of this Act, without giving to such person a months$s previous notice in writing of the intended proceeding, and of the cause thereof, nor after tender of sufficient amends.

Save in so far as they may be inconsistent with anything contained in this Act, the provisions of the (See now the Code of Civil Procedure, 1908 (5 of 1908).} Code of Civil Procedure shall apply to all proceedings before the Court after this Act.
{Subs, by Act 10 of 1921, s.3.}

Subject to the provisions of the Code of Civil Procedure, 1908 applicable to appeals from the original decrees, and notwithstanding anything to the contrary in any enactment for the time being in force, an appeal shall only lie in any proceedings under this Act to the High Court from the award, or form any part of the award, of the Court and from any decree of the High Court passed on such appeal as aforesaid as appeal shall lie of the Supreme Court subject to the provisions contained in section 110 of the Code of Civil Procedure, 1908, and in Order XLV thereof.]
to make rules consistent with this Act for the guidance of officers in

(1) The appropriate Government shall {The words subject to the control of the C. were Act 38 of 1920, s.2 and Sch.I} have power all matters connected with its enforcement, any may from time to time alter and add to the rules so made.{The provisio was the A.O.1937.}

(2) The power to make, alter and add to rules under sub-section (1) shall be subject to the condition of the rules being made, altered or added to after previous publication.

(3) All such rules, alterations and additions shall {The words when sanctioned by the C. were Act 4 of 1914, s.2 and Sch., Pt.I} be published in the Official Gazette, and shall thereupon have the force of law.
Last updated on June, 2016

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