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State of Bihar - Section

Section 3 in Bihar Land Reforms Rules, 1951

3. Mode of service of notice or Order.

(1)Unless otherwise provided in the Act, any notice or order required to be served under the provisions of the Act shall be served by delivering or tendering a copy thereof duly signed and sealed, to the person on whom it is to be served or to his duly authorised agent or to his agent in charge of the estate or tenure or part thereof to which the notice or order relates. A copy of every such notice or order shall be affixed to the notice boards of the offices of, the Collector of the district from which the notice is to be issued and of, the Collector of the district in which the notice is to be served.
(2)Where the person on whom the notice or order is to be served and his agent in charge of the estate or tenure to which the notice or order relates cannot be found and where such person has no agent empowered to accept service of notice or order on his behalf, service may be made on any adult member of the family of such person residing with him.
(3)Where the serving officer delivers or tenders a copy of the notice or order to the person to be served with such notice or order personally 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 an acknowledgement of service to be endorsed on the original notice or order.
(4)Where the person to be served with notice or order or his agent or such other person as aforesaid refuses to sign the acknowledgement, or where the serving officer after using all due and reasonable diligence cannot find the person to be served with the notice or order and there is no agent empowered to accept service of notice or order on his behalf, or any other person on whom service can be made, service may be made by affixing a copy of the notice or order on the outer door or some other conspicuous part of the house in which the person to be served with the notice or orders ordinarily resides of carries on business or personally works for gain or on the outer door of the office or cutchery of the estate or tenure to which the notice or order relates.The serving officer shall, in all cases in which the notice or order has been served under this sub-rule endorse or annex, or cause to be endorsed or annexed, on or to the original notice or order a return stating the date on which and the manner in which the notice or order was served and the names and addresses of two persons witnessing the service.
(5)Notwithstanding anything contained in the foregoing sub-rules the Collector may, if he thinks fit, order that the notice or order shall be served -
(i)by sending a copy thereof, duly signed and sealed by registered post with acknowledgement due to the person on whom such notice or order is to be served; or
(ii)if the notice or order relates to any estate or tenure, by affixing such notice or order to a conspicuous place in the estate or tenure to which the notice or order relates.
In the case referred to in clause (i) of sub-rule (5), the posting of the notice or order shall be sufficient proof of the service of such notice or order on the person concerned.In the case referred to in clause (ii) of sub-rule (5), a return by the serving officer stating the date of such service attested by two persons shall be sufficient proof of the service of notice or order on the person concerned.
(6)Where the person to be served with a notice or order under the Act is a minor or a person of unsound mind, the service shall be made in the aforesaid manner on the guardian of such minor or person of unsound mind, as the case may be.