45. Service of notices. - (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 section 4, by the officer therein
mentioned, and, in the case of any 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 therein named
ordinarily dwells or carries on business, or by fixing a copy thereof in some conspicuous place in
the office of the officer aforesaid or of the Collector or in the court-house, and also in some
conspicuous 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 6[registered under sections 28 and 29 of the Indian Post Office Act, 1898 (6 of 1898), and
service of it may be proved by the production of the addressee's receipt.
46. Penalty for obstructing acquisition of land. - Whoever willfully obstructs any person in doing
any of the acts authorized by section 4 or section 8, or willfully fills up, destroys, damages or
displaces 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 1[five
hundred rupees], or to both.
47. Magistrate to enforce surrender. - If the Collector is opposed or impeded in taking possession
under this Act of any land, he shall, if a Magistrate, enforce the surrender of 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.
48. Completion of acquisition not compulsory, but compensation to be awarded when not
completed. - (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 for 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 provision of Part III of this Act shall apply, so far as may be, to the determination of the
compensation payable under this section.
49. Acquisition of part of house or building. - (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 desires 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
be 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 require 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), thirdly, 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 hereinbefore 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.
50. Acquisition of land at cost of a local authority of Company. - (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
acquisition 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.
Provided that no such local authority or Company shall be entitled to demand a reference under
section 18.
51. Exemption from stamp duty and fees. - 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.
[51A. Acceptance of certified copy as evidence. - In any proceeding under this Act, a certified
copy of a document registered under the Regulation Act, 1908 (16 of 1908), including a copy
given under section 57 of that Act, may be accepted as evidence of the transaction recorded in
such document].
52. Notice in case of suits for anything done in pursuance of Act. - 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 month's previous notice in writing of the intended proceeding,
and of the cause thereof, nor after tender of sufficient amends.
53. Code of Civil Procedure to apply to proceedings before Court - Save in so far as they may be
inconsistent with anything contained in this Act, the provisions of the [Code of Civil Procedure,
1908 (5 of 1908)], shall apply to all proceedings before the Court under this Act.
[54. Appeals in proceedings before Court. - Subject to the provisions of the Code of Civil
Procedure, 1908 (5 of 1908), applicable to appeals from 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 from any part of the award,
of the Court and from any decree of the High Court passed on such appeal as aforesaid an appeal
shall lie to 4[the Supreme Court] subject to the provisions contained in section 110 of the Code
of Civil Procedure, 1908, and in Order XLV thereof.]
55. Power to make rules. - (1) The [appropriate Government] shall have power to make rules
consistent with this Act for the guidance of officers in all matters connected with its
enforcement, and may from time to time alter and add to the rules so made:
[Provided that the power to make rules for carrying out the purposes of Part VII of this Act shall
be exercisable by the Central Government and such rules may be made for the guidance of the
State Governments and the officers of the Central Government and of the State Governments:
Provided further that every such rule made by the Central Government shall be laid as soon as
may be after it is made, before each House of parliament while it is in session for a total period
of thirty days which may be comprised in one session or two or more successive sessions, and if,
[before the expiry of the session immediately following the session or the successive sessions
aforesaid], both Houses agree in making any modification in the rule or both Houses agree that
the rule should not be made, the rule shall thereafter have effect only in such modified form or be
of no effect, as the case may be; so however that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule :]
[Provided also that every such rule made by the State Government shall be laid, as soon as may
be after it is made, before the State Legislature.]
(2) The power to make, alter and add to rules under sub-section (1) shall be subject to the
conditions of the rules, being made, altered or added to after previous publication.
(3) All such rules, alterations and additions shall be published in the Official Gazette, and shall
thereupon have the force of law.