MYSORE ACT No. 17 OF 1961 (First published in the Mysore Gazette on the T'wenty- fourth day of August 1961). THE LAND ACQUISITION (MYSORE EXTENSION AND AMENDMENT) act, 1961. | (Received the assent of the President. on the Sixteenth day of August 1961). Mt ta extend the Land Acquisition Act, 1894 (Central the 1894), to the whole of the State of Mysore an to amend it in its application to the State. Wr _ a ene is expedient to extend the Land Acquisition { Mysore tutral Act I of 1894), to the whole of the State 7 plication to the sl re a tate ot Mysore eet to amend it in its ap 99Be it enacted by the Mysore State Legislature j ‘twelfth Year of he Republic of India as follows: Uh 1. Short title, extent and comnvencement.—(1) Thy ‘Act may be called the Land Acquisition (Mysore Exteng, and Amendment) Act, 1961. 10a (2) It extends to the whole of the State of Mysore, (3) It shall come into force at once. 2. Repeal of certain Acts—(1) The Mysore Acquisition Act, 1894 (Mysore Act VII of 1894), as jy force in the Mysore Area ; the Land Acquisition Act, 139) (Hyderabad Act IX of 1309 Fasli), as in force in th Hyderabad Area; the Land Acquisition (Bombay Amend ment) Act, 1938 (Bombay Act XVIII of 1938), the Land Acquisition (Bombay Amendment) Act, 1945 (Bombay Act XX of 1945), the Land Acquisition (Bombay Amendment) Act, 1948 (Bombay Act IV of 1948), the Land Acquisition (Bombay Amendment) Act 1950 (Bombay Act XXVIII d 1950), the Land Acquisition (Bombay Amendment) Ac. 1953 (Bombay Act XXXV of 1953), as in force in the Bombay Area ; the Land Acsuisition (Madras Amendment) Act, 1948 (Madras Act XI of 1948), and the Land Acqu: sition (Madars Amendment) Act, 1953 (Madras Act XII of 1953), as in force in the Madras Area, are hereby repealed, (2) As from the date of commencement of this Act, the amendments made by the Acts repealed by sub-section (1) (hereinafter in this section referred to as the repealed Acts) shall cease to continue and shall be omitted from the Lan Acquisition Act, 1894 (Central Act I of 1894) (hereina! in this Act referred to as the principal Act), and such of tht provisions thereof as were affected by the repealed Acts sh: atand revived to the extent to which they would have other} wise continued in operation but for the passing of 100ed Acts ; and after such revival, the amendments made reel principal Act by this Act shall become operative : vw ided that in respect of provisions which cease to Provid by virtue of this section. the provisions of section cor the Mysore General Clauses Act, 1899 (Mysore Act IIL 6399), shall be applicable as if such provisions were of Ntments repealed by a Mysore Act and in respect of ens visions which cease to continue but are re-enacted by pro Act, the provisions of section 24 of the said Mysore General Clauses Act, 1899, shall be applicable as if the said provisions had been repealed but re-enacted by a Mysore Act. 3. Extension of Central Act I of 1894 to the whole of the State of Karnataka.—The Land Acquisition Act, 1894 (Central Act I of 1894), as amended by this Act is hereby extended to and shall be in force in the whole of the State of Mysore. 4, Substitution of the expression “ Deputy Commis- sioner” for the expression “ Collector” in Central Act I of 1894.—Jn the principal Act, for the word “ Collector > wher- over it occurs, the words “ Deputy Commissioner ” shall be substituted. 5. Amendment of section 1 of Central Act I of-1894.— In sub-section (2) of section 1 of the principal Act, after e expression “except the territories which imamediately before the first November 1956, were comprised in Part B States”, the expression “ other than territories specified in clauses (a) and (c) of sub-section (1) of section 7 of the a'cs Reorganisation Act, 1956 (Central Act 37 of 1956)” shall be added. 1036. Amendment of section 3 of Central Act J of 1894 In section 3 of the principal Act,— . (1) after clause (a), the followi: ,E inserted, namely : oe ; a? the expression ‘arable land’ includes Barden an ; i (2) in clause (c) for the words “ Deputy Commis. sioner the words “ an Assistant Commissioner in-charge of a sub-division of a district ” shall be substituted ; (3) for clause (d), the following clause shall be substi- tuted, namely : “(d)_ the expression “ Court ” means a principal civil court of original jurisdiction, and includes any other civil court empowered by the State Government by notification in the official Gazette, to perform the functions of the court under this Act, within the pecuniary and local limits of its jurisdiction ; (4) After clause (d), the following clause shall be inserted, namely : “(dd) the expression “ Co-operative Society ” means a registered society within the meaning of the Co-operative Societies Act, 1912 (Central Act IT of 1912), or any society registered or deemed to be registered under any law corres- ponding to that Act for the time being in force in any part of India ;” (5) For clause (e), the following clause shall be subs- tituted, namely : . “(e) the expression ‘Company * means— . ed and registered under the Com- _(i) 9 company formed oT of 1958); panies Act, 1956 (Cen! 102pany formed and registered under any (ii) a com id_registere z revious Comany Law for the time being in force in any part of India other th: iii) a company formed and r istered under any law for de time being in force in the State of Jammu and Kashmir ; (iv) a company— (a) incorporated under any law relating to compa nies for the time being in force in any foreign country, am (b) having its principal place of business in India ; (v) a company incorporated by an Indian law relating to a particular company ; (vi) a co-operative society ; (vii) a society registered under the Societies Registra- tion Act, 1860 (Central Act XVI of 1860) or under any law corresponding to that Act for the time being in force in any part of India ; and (viii) a corporation created by or under any law for the time bing in force in any part in India not being a cor- poration owned or controlled by the State ;” ‘an the State of Jammu and Kashmir ; _ (8) After clause (ee), the following clause shall be inserted, namely : “(eee) the expression ‘ prescribed’ means prescribed by rules made under this Act ;” (7) For clause (f), the following clause shall be subs- tituted namely : “(f) the expression ‘ public purpose ’ includes— (i) the provision of village sites ; (ii) the provision of land for planned development feom public funds and subsequent disposal thereof in vvhole 103in part by lease, assignment or outright sale with abject of securing further development as planned; thy (iii) the provision of land for town or rural Planning under any law relating to such planning ; (iv) the provision of land,— (a) for carrying out any housing scheme or health scheme sponsored by the Central Government or any State Government or a local authority ; or ' (b) for clearing slum areas ;or (c) for relieving congestion ; or (d) for housing poor, landless, or displaced persone or persons residing in areas affected by floods ; (v) the provision of,— \ (a) residence for any person holding an office ef profit under the Centtal Government or a State Government, or accredited as a diplomatic consular or trade representative of a foreign Government ; (b) building for locating a public office ; (vi) the provision of land for corporations owned os controlled by the State, or other nationalised industries or concerns ; (vii) the provision of land for any local authority and subsequent disposal thereof in whole or in part by lease, assignment or outright sale with the object of securing further development ; (viii) the provision of land for a company,—- (a) where the land is needed for the constructi of some work and such work is likely to prove substantially useful to the public, o» 104() where the land is needed by a building co- operative society OT corporation for the construction of houses + (ix) the provision of land for any charitable trust. 2—* Charitable trust” includes a trust esatblished oF to be established for the relief of the poor, education, medical relief, or advancement of any other object of general public utility ;” (8) In proviso (iii) to clause (g), for the words, figures and brackets “ Chapter XXVI of the Code of Civil Procedure (14 of 1882)” the words, figures adn brackets Order XXXII of the First Schedule to the Code of Civil Procedure, 1908 (Act 5 of 1908)” shall be substituted. (g). the following clause shall be nation (9) After clause inserted, namely :— “(h) the expression “ local authority ” includes & lee authority and a city improvement trust 7. Amendment of section 4 of Central Act. I of 1898— Iu section 4 of the principal Act,— (1) in sub-section (1):— (a) after the words “ the a rate G ent , vords ppropriate (ove words “ or the Deputy Commissioner ” shall be inserted : (b) for the words “ notification to that effect”, the ich the land “notificatio i se for W’ i nee cation statin, the purpose for W tected, or likely to be ne ved, and describing the land by furve: * proxi ee if uny, and also by its boundaries © area” shall be substituted : words tos) after the words “ the said locality ” the following aniies sol explanation shall be added, namely :— “The Deputy Commissioner may also cause a copy of such notification to be served on the owner, or where the owner is not the occupier, on the occupier of the land. Explanation.—The expression‘ convenient places | includes, in the case of land situated in a village, the officer x of the panchayat within whose jurisdiction the land lies.” (2) After sub-section (1) the following sub-section shall be inserted, namely : — “(1A) The notification under sub-section (1) shall also specify the date, (such date not being less than thirty days from the date of publication of the notification) on or before which, and the manner in which, objections to the proposed acquisition may be made, under section 5-A.” (3) In sub-section (2),— (a) for the word “Thereupon’ the words “On the publication of such notification ” shall be substituted ; (b) for the words “such Government ”, the words “ such Government or by the Deputy Commissioner ” shall be substituted ; : (c) in the first clause occurring after the words “servants and workmen ”, for the words “ any land in such locality ”, the words “ the land ” shall be substituted ; (4) After sub-section (2), the following sub-secti shall be inserted, namely :— em om “(8) Where the acquisition is for a co; ', oD officer of such company may be authorised by the appropriate Government or the Deputy C inaii exercise the powers conferred by sub-section (2) * 10€ \(4) The Officer authorised under sub-section (2) or sub-section (3) shall complete his investigation and submit his report to the Deputy Commissioner within a period of “three months (or within such longer period not exceeding six months in all as the Deputy. Commissioner may allow), from the date of the publication of the notification under sub-section (1), and the Deputy Commissioner shall forward the report with his remarks to the appropriate Government along with his report under sub-section (2) of section 5A.” 8. Amendment of section 5 of Central Act I of 1894.— In section 5 of the principal Act, for the words “so authorised” the words, brackets and figures “ authorised under sub-section (2) or sub-section (3) of section 4” shall be substituted. 9. Amendment of section 5A of Central Act I of 1894.— In section 5A of the principal Act,— (1) in sub-section (1), for the words “within thirty days after the issue of the notification ”, the words, brackets and figures “on or before the date specified in the notification under sub-section (1) of section 4 in this behalf ” shall be substituted. (2) in sub-section (2). — (a) after the words “in writing”, the words “ setting out.the. grounds thereof ” shall be inserted ; (b) after the words “ the appropriate Government ” occurring in the first sentence, the words, brackets and “ figures “ before the expiry of six weeks from the last date for 3 filing objections or before the expiry of two weeks from the late on which he receives the report under sub-section (4) of section 4 whichever is later,” shall be inserted ; (c) for the words “and a report containing bis recommendations on the objection ” the words “ and a report 107‘ ndutions on the objections ang the feee arlene wpmnitted the report shall be communicated i nit D , ots a provided that the appropriate Govern. eat ‘ney is sutisfied that here was puncen ese for the delay, coudone any delay in a i ou ae Pm by a period not excceding one year ’” shall be su ed, 10. Amendment of section 6 of Central Act I of 1894, la nection 6 of the principal Act.— (1) im sub-section (1), for the portion commencing with the words “a declaration shall be made: to that effect and cuding with the words “some fund controlled er _ managed by a local authority”, the words, brackets, figures and letter “ such Government shall direct the Deputy Commissioner to broceed under sub-section (1A)” shall be’ »ubstituted, (2) After sub-section (1), the following b-secti hall be inserted, namely ;— oo. zon “(LA) The Deputy Commissioner sh within two months from the date on which h direction, — all, thereupon, ¢ receives such (a) cause the land (unless it has been alread est under section 4) to be marked on eed (6) also cause it to be measured, and, if n been made therefor, a plan to be made of the same? an has (ce) report to the appropriate Government . of his operations under this sub-section, the result bee The appropriate Government shall then make ad tom that the lind is needed for a public Purpose Sane mecompany.” for tos.(8) In sub-section (2),— (a) after the words “the purpose for which i is needed” the words “the precise boundaries and number, if any, of the land and ” shall be inserted ; and (b) for the words “where a plan shall have been made of the land and the place where such plan may be inspected” the words “the place where a plan of the Jand may be inspected ” shall be substituted. 11. Omission of section 8 of Central Act I of 1894.— Section & of the principal Act shall be omitted. 12. Amendment of section 9 of Central Act I of 1894.— In section 9 of the principal Act,— (1) In sub-section (2), — {a) for the words, brackets and figure “and the amount and paritculars of their claims to compensation for such interest, and their objections (if any) to the measure- ments made under section 8 ”, the words “ the amount and ‘particulars of their claims to compensation for such interests, the basis on which the compensation so claimed is computed, their objections, if any, to the arca as specified in the declaration, and such other matters as may be prescribed ” shall be substituted ; (&) for the words “The Collector may, in any case. require such statement to be made in writing and”, the words “Such statement shall be made in writing in the prescribed form and shall be” shall be substituted. (2) In sub-section (3) after the words “ the land is situate”, the following sentence shall be added, namely :— “Such notice shall be served at least fifteen days before the date on which the persons concerned have to appear and state their respective _ interests before the Deputy Commissioner.” 109(3) In sub-section (4) for the words “ by post» words “by registered post” shall be substituted ‘ang the words, figures and barckets “ and registered under Part the of the Indian Post Office Act, 1886 (XLV of 1886)” shail Z omitted. 18. Amendment oy section 10 of “ Central Act I of 1894 In sub-section (1) of section 10 of the principal Act, Fa the words “may also require” the words “may also by notice require ” shall be substituted. 14. Amendment of section 11 of Central Act I of 1894 To section 11 of the principal Act, the following proviso shall be added, namely :— - “Provided that no such award shall be made by the Deputy Commissioner, without the previous approval of the State Government or such officer as the State Govern- ment may appoint in this behalf who in the case of an award made by an officer below the rank of the Deputy Coinmissioner of a district may be the Deputy Commissiover of the District.” 15. Amendment of section 12 of Central Act I of 1894.— In section 12 of the principal Act,— (1)) in sub-section (1), after the words “ and shall” the words, figures and letter “subject to the provisions of section 15 A and” shall be inserted ; (2) for sub-section (2), the following sub-section shall be substituted, namely :— “(2) The Deputy Commissioner shall give immediate notice of his award, or the amendment. thereo! made under section 12-A, to the person interested.” 11016. Insertion of new section 12-A in Central Aét 1 of 1394-1) After section 12 of the principal Act, the section shall be inserted, namely :— followin «19-A, Amendment of award—(1) Any clerical oF arithmetical mistake in an award or errors arising therein from accidental slips or omission may, at any time not later vm six months from the date of the award, be corrected by the Deputy Commissioner, either on his own motion oF _ on the application of a person interested and the award so corrected shall be deemed to have been amen accordingly. (2) If the award so amended disclosed any overpayment, the Deputy Commissioner shall, either jmmediatcly after the amendment of the award or after the expiry of the time allowed to make a reference to the court from the amendment of the award, issue a notice to a person to whom overpayment was made that if the amount overpaid is not paid back to the State Government within one month after receipt of the notice, the amount overpaid shall be recovered as an arrear of land revenue and after the expiry of the time stated in the notice, the amount shall be so recoverable.” 17. Insertion of new section 15-4 in Central Act I of 1804—After section 15 the principal Act, the following xction shall be inserted, namely :— _“15-A. Power of State Government to call for pro eos and pass orders thereon—The State aoe Pee ae at any time before an award is made the Deputy es under section 11, call for and examine the - of any order passed by the Deputy Commissioner or for ip, nauiry or proceeding of the Deputy Commissioner Moprcty of ee of satisfying itself as to the legality or ny order passed and as to the regularity of 111edings. If, in any case, it shall appear ty such PGovernment that any order or proceedings so thy for should be modified, annulled or reversed, it may pat such order thereon as it deems fit.” . Amendment of section 16 of Central Act I of 189. gestion 16 of the vo al Act shall be re-numbered ag cay section (1) of that section, and after the sub-section 8g, renumbered, the following sub-section shall be adda namely :— “(2) The fact of such taking possession may be notifie, by the Deputy Commissioner in the Official Gazette, ang such notification shall by evidence of such fact.” 19. Amendment of section 17 of Central Act T of 1894— In section 17 of the principal Act,— (1) the following explanation shall be added to sub. section (1), namely :— “ Explanation—This sub-section shall apply to any waste or arable land, notwithstanding the existence thereot| of scattered trees or temporary structures, such as buts, pandals or sheds ; ” (2) in the first paragraph of sub-section (2) after the portion beginning with the word “ whenever ” and ending with the words “ access to any such station” the following words shall be added, namely :— “ or whenever owing to a like emergency or owing wo preaches or other unforseen events causing damage to roads, rivers, channels or tanks, it becomes necessary for State Government to acquire the immediate possession, any land for the purpose of maintaining road communicatio® or tigation or water supply service, as the case may be;” aap0. Amendment of section 18 of Central : In section 18 of the principal Act,— minal Act T of 1e04— (1) after the word “award”, where it oce * “ ‘Urs: first time, the words “or amendment thereof open i inserted ; and after the said word, wherever it occurs there- after the words “or the amendment ” shall be inserted. (2) In sub-section (2), for the proviso th vi . proviso shall be substituted, namely ae ened ce Provided that every such application shall be made within ninety days from the date of service of the notice from the Deputy Commissioner under sub-section (2) of of section 12”. (3) After sub-section (2) the following sub-section shall be added, namely :— “(3) (a) The Deputy Commissioner shall within ninety days from the date of receipt of an application under sub-seciton (1) make a reference to the Court. (b) If the Deputy Commissioner does not make a reference to the Court within a period cf ninety days from the date of receipt of the application, the applicant may apply to the Court to direct the Deputy Commissioner to make the reference, and the Court may direct the Deputy Commissioner to make the reference within such time as the Court may fix.” 21. Amendment of section 19 of Central Act I of 1894.— n sub-section (2) of section 19 of the principal Act, after «© Words “parties interested. respectively ” the words and any other information available with the Deputy omnissioner relating to the matters referred to the Court } shall be added, “Actug 113} In section 20 99, Amendment of section 20 of Central Act I of 1894. at f the principal Act,— “determine the objection”, th, (1) For ee * shall be substituted ;, « determine the reference ” (2) For clauses (a), (b) and (¢) the following clauses shail be substituted, name ly: “(a) the Deputy Commissioner (b) all persons interested in the reference ; and (c) if the acqu ition is not made for Government, i i the person or authority for whom it is made. words * 23. Amendment of section 24 of Central Act I of 1894— In section 24 of ‘the principal Act— (1) In clause seventhly for the words, figures and brackets, “ publication of the notification under section 4, sub-section (1)”, the words figures and brackets * publica- tion of the notification under sub-section (1) of section 4, unless in the case of improvements such improvements were necessary for the maintenance of any building in a proper state of repair ; or” shall be substituted ; and (2) After clause seventhly, the following clause shall be inserted, namely : “ eighthly, where the market value of the land acquired is incerased by reason of the use thereof in a manner which may be restrained by any Court or is contrary to law or is detrimental to the health of the inmates of the ay : public health, the amount of that increase.” premises, 24. Amendment of section 25 of Cer f ee Ventral Ae oe In section 25 of the principal Act Ha applicant ” wherever they occur, the words oe cs interested ” shall be substituted, Is “a per il4Amendment of section 26 of Central Act I of 1894.— section (2) of section 26 of the principal Act, after the words, figures and brackets “the Code of Civil Proce- dure, 1908 (V of 1908)” the words “ and the provsion of the said Code relating to execution shall, so far.as may be, apply to the execution of such award: Provided that execution shall not be issued on any such award against the Govern- ment or any officer thereof unless it remains unsatisfied for a period of ninety days from the date of such award” shall be inserted. 2 In sub- 26. Amendment of section 27 of Central Act I of i894.— f the principal Act, after , In sub-section (2) of section 27 0 | the words “or the the words “award of the Collector” shall be inserted; and for the word amendment thereof ” * shall be substituted. applicant ” the word “ party * 28 of Central Act I of 1894.— | Act, for the word “six per * shall be substituted. 27. Amendment of section Jn section 28 of the principa centum ”, the words “ five per centum * section 30-A in Central Act I of the principal Act, after section 30, I] be inserted, namely : 28. Insertion of new 1891—In Chapter IV of the following section sha compensation—(1) Where ted in the amount of com- tion the amount according and shall spec! in the “30-A. Appointment of there are several persons interes pensation, the Court shall appor' to the interest of such person, award the amount due to each person. (2) Bach such person shall be entitled to obtain execution of the award to the extent of the amount due to him with- out the consent or concurrence of the other persons > i 44. Amendment of section 3+ of Central Act [of 18S94.— nseotion ttt of the principal Act, for the words “six per contin”, the words “ five per centum ” shall be substituted, 1530. Amendment of section 35 of the Central Act 7 of 1894.—In section 35 of the principal Act,— (1) after sub-section (1), the following sub-sections shall be inserted, namely : “(1-A) Before issuing a direction under sub-section (1), the State Government may require the Deputy Com. missioner to submit— (a) a plan of the land which is needed for occupation and use; and (b) an estimate of the compensation that would be payable under sub-section (2). and upon the issue of such a requisition, the Deputy Com- missioner shall cause public notice of the substance of the requisition to be given at convenient places in the locality in which the land is situate. (1-B) Aftey the issue of such notice, it shall be lawful for any officer either generally or specialy authorised by the Deputy Commissioner in this behalf, for his servants and workmen to exercise the powers conferred by sub-section (2) of section 4 (1-C) The officer authorised under sub-section (1-B) thal the time of his entry pay or tender payment for a! necessary damage to be done as aforesaid and in the case of dispute as to the sufficiency of the amount so paid ° tendered, he shall at once refer the dispute to the decisio" of the Deputy Commissioner and such decision shall b? final.” (2) In sub-secion (2) for the word “The Collect shall thereupon ” the words “ Upon the issue of a directic" under sub-section (1) the Deputy Commissioner ™ shall b* ubstituted 11631. Insertion of new section 37-A in Central Act I of 1394—After section 37 of the principal Act, the following section shall be inserted, namely : “37-A. Temporary occupation in urgent cases—(1) Notwithstanding anything contained in section 35, when- ever it appears to the Deputy Commissioner that the temporary occupation. and use of any waste or arable land are needed for the purpose of affording accommodation or other relief to persons displaced owing to damage caused to their dwelling houses or other buildings by fire, flood or other unforseen events, the Deputy Commissioner may enter upon and take possession of the land and use or permit the use thereof in accordance with such terms as he may specify ; for a period not exceeding one year from the commencement of such occupation. (2) The Depuly Commissioner shall immediately report to the State Government the fact of such taking possession and the reasons therefor and shall give effect to such others as the State Government may make in the matter. (3) The Deputy Commissioner shall, as soon as may be, after taking possession of the land, give notice in writing to the persons interested in such land of the fact of taking possession and the period for which the land would be occupied and used, and shall for the occupation and. use thereof for such period and for the materials, if any, to be taken therefrom, pay to the persons interested such compen- sation, as shall be agreed upon in writing between him and such persons, respectively. (4) In case the Deputy Commissioner and the persons , iciently of the compensation interested differ as to the suffi the com or apportionment thereof, the Deputy Commissioner shall ‘on of the Court, refer such difference to the decisi 117(5) On the expiration of the period fixed under Sub-see (1), the Deputy Commissioner shal] restore the land toi persons interested therein. The provisions of Sub-sectig, (2) of section 36 and section 87 shall apply mutatis. mutandis to such restoration.” tion 32. Substitution of new section for section 45 of -let I of 1894.—For section 45 of the principal following section shall be substituted, namely :— “45. Service of notices-—(1) Subject to the provisions of this section and any rules that may be made under this Act. the mode of service of notices issued under this Act shall be as follows :— Ceniral Act, the (a) A notice of a gener: persons shall be published — (i) in the Official Gazette or any newspaper published in Kannada or English and in ¢ lation in the District in which the land concerned is siluate, and (ii) by affixing copies of the on or near the land concerned, ‘al nautre or affecting a class of notice in prominent places (6) A notice affecting an individual corporation of firm shall be served in the manner provided for the service of summons under rule 2 of Order XXIX or rule 3 of Order XXX, as the case may be, of the First Schedule to the Code of Civil Procedure, 1908 ; (c) A notice affecting an individual vers sing a corporation or firm) shall be served in the manner veotaded for the service of summons in the Pp Code of Civil P ne . ivil Procedure 1908 or by sending it by registered post , J under a_ letter addressed to the person named therein at his last. known residence, address or place of Dusiness, and the notice shal we deemed to be served on such pera, nos H the date on which the notice sent by registered post I the usual cours? will, Uf post be received by the adresse Tis| ——————— OO OOOOOOEOEEOEEEEEEEEEeeEeEeEeEeEeEEEeaeaeaaaeEeEeEeEeEeEeEeEeEeEeEeEeEeEeEeEeEeeOoeeeeoeoeooeerrrrrreerreereerreeeee (2) Where the ownership of the land is in dispute or where the persons interested in the laud are not readily trace- able and the notice cannot be served without undue delay, the notice may be served by publishing it in the Official Gazette, where possible, by affixing a copy thereof at any conspicuous part of the land to which it relates.” 33. Amendment of section 46 of Central Act I of 1894.—In section 46 of the principal Act— (a) for the words and figure “ or section 8” the words, figures, brackets and letter “ sub-section (1-A) of section 6 or section 35” shall be substituted ; (b) for the words and figure “under section 4” the words and figures “ under section 4 or section 35” shall be substituted. 34. Amendment of sectiin 50 of Central Act I of 1894.— In section 50 of the principal Act, after sub-section (1), the following sub-sections shall be inserted, namely :— -A) If the charges of and incidental to such acquisition is not defrayed from such funds by a local authority after such time as may he fixed by the State Government, the State Government may by order direct the person in custody of such fund to pay the amount due in priority to any other charge against such fund and such person shall, notwithstanding anything contained in any law, so far as the fund to the credit of the local authority admit, be bound to comply with such order. (1-B)Without prejudice to any other mode of recovery from any compan) nle to defray the charges of and incidental to such acquisition, the amount payable by the company may notwithstanding anything contained in ecovered from the company as an arrear of land any law he revenue.” 11935. Substitution of new section for section 54 of Contra Act I of 1894—For section 54 in the principal Act, the following section shall be substituted, namely :— “54. Appeals in proceedings before Court —~(1) Subject to the provision of the Code of Civil Procedure, 1908, applicable to appeals from original decrees, an appeg| shall lie from the award, or from any part of the award, of the Court in any proceedings under this Act to the Court authorised to hear appeals from the decision of that Court. (2) Frorn any decree of a Cowt, other than the High Court, passed on an appeal under sub-section (1), an appeal shall lie to the High Court, if, but only if, the amount or value of the subject-matter in dispute in appeal exceeds two thousand rupees or the case involves any question of title to land, (3) From any decree of the High Court passed on an appeal undey sub-section (1), an appeal shall lie to the Supreme Court subject to the provisions contained in section 110 of the Code of Civil Procedure, 1908, and im Order XLV of the First Schedule to the said Code.” 120