11. Process fees and mode of service of notice or order.
(1)Except as otherwise provided in these rules any notice or order required to be served under the Act shall be served by delivering or tendering a copy thereof to the person on whom it is to be served or to his agent incharge of the whole of the land or part thereof to which the notice or order relates.(2)Where the person or his agent on whom the notice or order has to be served cannot be found, service may be made on any adult male 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 in acknowledgement of service to be endorsed on the original notice or order.(4)Where the person to be served with notice or order of 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 order ordinarily resides or carries on business or personally works for gain. The service under this sub-rule shall be attested by two local witnesses.(5)The serving officer shall, in all cases in which the notice or order has been served under Sub-rules (3) and (4) endorse or annex, or cause to be endorsed or annexed on or to the original notice or order a return duly affirmed by him 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 such service.(6)Notwithstanding anything contained in Sub-rules (1), (2), (3), (4) or (5) the Collector may, it he thinks fit and shall, if the person to be served with the notice or order resides the State of Orissa or his jurisdiction, 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 land, by affixing such notice or order to a conspicuous place within the land to which the notice or order relates.In respect of cases referred to in Clause (1) an acknowledgement purporting to be signed by the person concerned or an endorsement by the postal servant that the person concerned refused to take delivery may be deemed to be sufficient proof of the service of such notice or order.In respect of cases referred to in Clause (ii) a term 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-(7)Where the person to be served with a notice or order under the Act is a minor or a person of unsound mind or an idiot, the service shall be made in the aforesaid manner on the guardian, committee or other legal curator of such minor or person of unsound mind or idiot as the case may be.For the service of every notice under these rules a process fee of Rs. 1.10 n.P. shall be levied, if the notice be directed to one or more persons residing in the same village. Where such notices are directed to several persons residing in different villages, an additional process fee of Rs. 1.10 n.p. shall be levied for service in each such additional village. The prescribed process fee, shall be paid in the shape of Court-fee stamps to be affixed to the notices or on the application for service of notices, as the case may be.
