Section 3 in The Bihar Buildings (Lease, Rent and Eviction) Control Rules, 1955
3.
(1)Whenever it is necessary to evict any person under clause (b) of subsection (2) of Section 11 from a building vacated by a servant of the Government, the District Magistrate shall cause a notice in Form I to be served on such person directing him to vacate the building or to show cause, within a period of seven days from the date of the service of the notice why he shall not be evicted from the building.(2)Such notice shall be served by tendering and delivering a copy thereof, to the person concerned or, where such person cannot be readily found, by tendering and delivering a copy thereof to any adult male member of the family, who is residing with such person.Explanation. - A servant is not a member of the family within the meaning of this sub-rule.(3)Where the serving officer tenders and delivers a copy of the notice under sub-rule (2) to the person concerned or to any other adult male member of the family on his behalf, he shall require the signature of the person to whom the copy is so tendered and delivered with an acknowledgement of services endorsed on the original notice.(4)Where the person or such other person as aforesaid to whom a copy of the order to be served is tendered under sub-rule (2) refused to sign the acknowledgement as required by sub-rule (3), or where the serving officer, after using due and reasonable diligence, cannot find the person and the order cannot be served without undue delay, the order shall be served by affixing a copy thereof, to any conspicuous part of the building to which it relates or in such manner as the District Magistrate may deem fit in the circumstances of the case.(5)Notwithstanding anything contained in this rule, the order may, if the District Magistrate so directs, be served by registered post with acknowledgement due.(6)If the person occupying the building fails to vacate the building, or to show cause to the satisfaction of the District Magistrate, within the period specified in the notice, the District Magistrate may evict such person from the building and may, for that purpose, use such force as may be necessary.
