Amendment status not verified — confirm the current text below against the official source.
V.Jhile making the award under this Act the Collector shall indicate therein whether the damage is avoidable or unavo idable , Where the damage is unavoidable the compensation shall be paid by the Government or any other person or agency on whose behaif the work is being executed, to t1w persons interested in accordance with the award made by the Collector arid where the damage is avoidable it shall be payable by the contractor within such time as may be specified in the notice issued by the authorised officer. The author iscd officer shall issue or cause to be issued a notice upon the contractor calling upon him to deposit with such officer the amount of the award within such time and in such manner as 'mav be specified in notice: Where the contractor fails to comply with the notice issued under sub- section (2), it shall be lawful for the authorised officer to recover the amount on account of rbmRge as given in the award from the payments due to the contractor or from the earnest mOlley or security deposit of the said con- tractor lying with the Government whether or not under the said contract . (.~) 5 the authorised officer may pay to the person interested the amount of com- pensation on execution of indemnity bond by the person concerned. It shall be the duty of the Government- to make available to the authorised officer the amount of compensation. payable for unavoidable damage and the authorised officer shall distribute the said amount in the manner speci- fied in sub-section (4-). Where any amount of compensation lies undisbursed with the authorised officer, he shall keep the same in deposit in the bank as may be directed by the Government. Where the payments due to a contractor in respect of any public work, or the earnest money or security deposits of such contractor are found by the authorised officer to be insufficient to meet the amount stated in the award, such authorised officer shall prepare a certificate of dues and send the same to the Judicial Magistrate of the first Class of the area in which the land is situated. (2) The Judicial Magistrate of the first Class to whom such certificates is sent shall forthwith realise the amount due from the contractor as if it were a fine imposed by him and upon recovery of the amount, transmit the same to the authorised officer. (5) (6) (1) Procedure where the payments due to contractor are insufficient. Service of any notice under this Act shall be made by ddivering or tendering Ser~jces of a copy thereof signed, in the case of a notice under section 3, by the officer notices. therein mentioned and in the cases of any other notice, by an order of the Collector. ' Whenever it may be practicable, the service of the notice shall be made on the person therein named. When such person cannot be found, the services may be made on any adult male member of his family residing with him; and, if no such adult male can be found, the notice may be served by affixing a copy on the outer door of the house in which the person therein ordinarily dwells or carries on busi- ness, or by fixing a copy thereof at some conspicious place in the Court House and also in same conspicious part of the land upon which restrictions are to be imposed ; Provided that, if the Collector so directs, a notice may. be sent by registered post in a letter addressed to the person named therein at his last known residence, address' or place of business, and service of it may be proved by the production ~of the addressee's receipt or postal receipt. IS. (I) (2) Any person aggrieved by the award made by the Collector under this Act Appeal. may, within 30 days from the date of the knowledge of award, prefer an appeal to the Government in the form of a Memorandum giving the grounds of such appeal; Provided that the Government may admit the appeal after the expiry of period of 30 days if it is satisfied that the appellant was prevented by su- fficient cause from filing the appeal within the time prescribed. (2) No appeal shall be disposed of unless after giving the person concerned an opportunity of being heard. (3) The decision of the Government under this section shall be final and an appeal against such decision shall, no twi thstand.inp anything to the contrary contained in any other law, lie to the High Court only.