Land Acquisition Act


The Land Acquisition Act, 1894

THE LAND ACQUISITION ACT, 18941 

1 Short title, extent and commencement: —

(1) This Act may be called the Land Acquisition Act, 1894.

(2) It extends to the whole of India except 1 [the State of Jammu and Kashmir].

(3) It shall come into force on the 1st day of March, 1894. State amendments Andhra Pradesh 2. —In section 1, in sub-section (2), after the words “except the territories which, immediately before the 1st November, 1956, were comprised in Part B states”, insert the words “other than the territories specified in sub-section (1) of section 3 of the States Reorganisation Act, 1956 (37 of 1956).” [ Vide Andhra Pradesh Act 20 of 1959, sec. 4 (w.e.f. 15-10-1959)].

2 Repeal and saving: —[ Rep. partly by the Repealing and Amending Act, 1914 (10 of 1914) sec. 3 and Sch. II and partly by the Repealing Act, 1938 (1 of 1938) sec. 2 and Sch.]

3 Definitions: — In this Act, unless there is something repugnant in the subject or context,—

(a) the expression “land” includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth;

State Amendments

3B. Payment for damage. —The officer of the State Government in the Public Works Department, and any other officer so authorised shall, at the time of such entry, pay or tender payment of all necessary damage to be done as aforesaid, and, in case of dispute as to the sufficiency of the amount so paid or tendered, shall at once refer the dispute to the decision of the Collector or other Chief Revenue Officer, of the district, and such decision shall be final.” [ Vide Goa Act 12 of 1988, sec. 2 (w.e.f. 27-5-1988)]. Section 3-1A

3A. Preliminary survey of lands and powers of officers to carry out survey. —For the purpose of enabling the State Government or the Commissioner to determine whether land in any locality is needed or is likely to be needed for any public purpose, it shall be lawful for any officer of the State Government in the Public Works Department, or any other officer either generally or specially authorised by the State Government in this behalf, or as the case may be, any officer authorised by the Commissioner and for his servants and workmen,—

(i) to enter upon and survey and take levels of any land in such locality,

(ii) to mark such levels,

(iii) to do all other acts necessary to ascertain whether the land is adapted for such purpose, and

(iv) where otherwise the survey cannot be completed and the levels taken, to cut down and clear away any part of any standing crop, fence or jungle:

Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier at least sevendays' notice in writing of his intention to do so.

3B. Payment for damage. —The officer of the State Government in the Public Works Department, and any other officer so authorised shall, at the time of such entry, pay or tender payment for all necessary damage to be done as aforesaid, and, in case of dispute as to the sufficiency of the amount so paid or tendered, shall at once refer the dispute to the decision of the Collector or other chief revenue officer of the district, and such decision shall be final.” [ Vide Bombay Act 20 of 1945, sec. 2 (w.e.f. 3-11-1945); Bombay Act 8 of 1958, sec. 3 (4) and[ Vide Bombay Act 20 of 1945, sec. 2 (w.e.f. 3-11-1945); Bombay Act 8 of 1958, sec. 3 (4) and Notification No. L.A.Q. 2558/V dated 5th September, 1958; Maharashtra Act 38 of 1964, sec. 2(f) (w.e.f. 7-12-1964)].

(1) Santhal Parganas by the Santhal Parganas Settlement Regulations, 1872 (3 of 1872), sec. 3;

(2) Khondmals District by the Khondmals Laws Regulations, 1936 (4 of 1936), sec. 3 and Sch.; and

(3) the Angul District by the Angul Laws Regulations, 1936 (5 of 1936), sec. 3 and Sch. The Act has also been declared by notification under the Scheduled Districts Act, 1874 (14 of 1874) to be in force in—

This State Amendment relates to clause (e) prior to its amendment made by Central A 68 of 1984 (w.e.f. 24-9-1984).

4 Publication of preliminary notification and powers of officers thereupon: —

(1) Whenever it appears to the 15 [appropriate Government] that land in any locality 16 [is needed or] is likely to be needed for any public purpose 17 [or for a company] a notification to that effect shall be published in the Official Gazette 17 [and in two daily newspapers circulating in that locality of which at least one shall be in the regional language], and the Collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality 17 [(the last of the dates of such publication and the giving of such public notice, being hereinafter referred to as the date of publication of the notification)]. Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier at least seven days' notice in writing of his intention to do so. State Amendments Andhra Pradesh. —For the purpose of acquisition of land for the construction, extension or improvement of any dwelling house for the poor— [ Vide Andhra Pradesh Act 9 of 1983, sec. 2 (w.r.e.f. 12-9-1975)]. In section 4, in sub-section (1), for the words “the Collector shall cause” substitute the words “the Collector shall, within forty days from the date of publication of such notification, cause”. [ Vide Andhra Pradesh Act 9 of 1983, sec. 2 (w.r.e.f. 12-9-1975)].

(2) Thereupon it shall be lawful for any officer, either, generally or specially authorised by such Government in this behalf, and for his servants and workmen,— to enter upon and survey and take levels of any land in such locality; to dig or bore in the sub-soil; to do all other acts necessary to ascertain whether the land is adapted for such purpose; to set out the boundaries of the land proposed to be taken and the intended line of the work (if any) proposed to be made thereon; to mark such levels, boundaries and line by placing marks and cutting trenches; and, where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle:

(1) In section 4—

(a) in sub-section (1), after the words “appropriate Government”, insert the words “or the District Collector” and after the words “Official Gazette”, insert the words “or the District Gazette”;

(2) In sub-section (2), after the word, “such Government”, insert the words “or the Collector”. [ Vide Bihar Act 11 of 1961, sec. 4 (w.e.f. 1-6-1961)].

(3) For modification in Patna City, [ see Bihar Act 35 of 1951, sec. 61 and Sch., para 2(1) (w.e.f. 6-12-1951), and in Darbhanga town, see Bihar and Orissa. Act 4 of 1934, sec. 41].

(2) In section 4, in sub-section (2), for the words beginning with words “to mark such levels” and ending with words “trenches, and”, substitute the following, namely:— “to mark such levels, boundaries and line by placing marks and cutting trenches, to measure the land likely to be needed, and”. [ Vide Gujarat Act 20 of 1965, sec. 7 (w.e.f. 15-8-1965)].

(2) In section 4, in sub-section (1), for the words “or the Commissioner” substitute the words “the Commissioner, or Land Acquisition Officer”; and

(3) In section 4, in sub-section (2), for the words “or as the case may be, by the Commissioner” substitute the words “the Commissioner, or as the case may be, by the Land Acquisition Officer”. [ Vide Maharashtra Act 39 of 1972, secs. 3(1) and (2) (w.e.f. 10-10-1972)]. In section 4, in sub-section (1), for the words “shall be published in the Official Gazette” substitute the words “shall be published in the Official Gazette or in the Government periodical entitled ‘Lok Rajya' or in a newspaper having circulation in the local area”. [ Vide Maharashtra Act 29 of 1977, sec. 2 (w.e.f. 26-5-1977)].

(2) Nagpur (City). —The first publication of a notice of an improvement scheme under section 39 of the Nagpur Improvement Trust Act, 1936, shall be substituted for, and have the same effect as publication in the Gazette and in the locality of, a notification under sub-section (1) of section 4, Land Acquisition Act, 1894, except where a declaration under section 4 or section 6 of that Act has previously been made and is still in force. [ Vide C.P. Act 36 of 1936, sec. 61 and Sch., clause 2(1) (w.e.f. 1-1-1937); Maharashtra (Vidarbah Region) A.L.O., 1956. Punjab: Haryana: Chandigarh. —The first publication of a notice of any improvement scheme under section 36 of the Punjab Town Improvement Act, 1922, shall be substituted for and have the same effect as publication in the Official Gazette and in the locality of a notification under sub-section (1) of section 4 of the Land Acquisition Act, 1894, except where a declaration under section 4 or section 6 of the said Act has previously been made and is still in force. [ Vide Punjab Act 4 of 1922, sec. 59 and Sch., clause 2(1); Act 31 of 1966, sec. 88]. Tamil Nadu: Madras (City). —The first publication of a notice of an improvement scheme under section 47 of the Madras City Improvement Trust Act, 1945, shall be substituted for and have the same effect as publication in the Official Gazette and in the locality of a notification under sub-section (1) of section 4 of the Land Acquisition Act, 1894, except where a notification under sub-section (1) of section 4 or a declaration under section 6 of that Act has been previously made and is in force. [ Vide Madras Act 37 of 1950, sec. 73 and Sch., para 2(1) (w.e.f. 27-2-1951); Tamil Nadu A.L.O., 1969].

(2) In its application to the acquisition of land by Nagar Mahapalika, the first publication of a notice of an improvement scheme under section 357 of the U.P. Nagar Mahapalika Adhiniyam, 1959, shall be substituted for and have the same effect as publication in the Official Gazette and in the locality, of a notification under sub-section (1) of section 4 of the Land Acquisition Act, except where a declaration under section 4 or section 6 of the Land Acquisition Act, 1894, has previously been made and is still in force. [ Vide Uttar Pradesh Act 2 of 1959, sec. 376 and Sch. II, para 2 (1)]. In its application to Uttar Pradesh, in section 4,— [ Vide Uttar Pradesh Act 8 of 1974, sec. 2(i) and (ii) (w.e.f. 26-4-1978)]. West Bengal. — Calcutta (Improvement). — See under section 6A(1).

(1) Santhal Parganas by the Santhal Parganas Settlement Regulations, 1872 (3 of 1872), sec. 3;

(2) Khondmals District by the Khondmals Laws Regulations, 1936 (4 of 1936), sec. 3 and Sch.; and

(3) the Angul District by the Angul Laws Regulations, 1936 (5 of 1936), sec. 3 and Sch. The Act has also been declared by notification under the Scheduled Districts Act, 1874 (14 of 1874) to be in force in—

(1) the Districts of Hazaribagh, Lohardaga (now called the Ranchi District, see Calcutta Gazette, 1899, Pt.I, p.44), Manbhum, Pargana Dhalbhum and the Kolhan in the District of Singhbhum see Gazette of India, 1894, Pt. I, p. 400; and

(2) the District of Palamau, see Gazette of India, 1894; Pt. I, p. 639.

5A Hearing of objections. —

(1) Any person interested in any land which has been notified under section 4, sub-section (1), as being needed or likely to be needed for a public purpose or for a company may, [within thirty days from the date of the publication of the notification], object to the acquisition of the land or of any land in the locality, as the case may be. State amendments Andhra Pradesh 21. —In section 5A, in sub-section (1), for the words “within thirty days after the issue of the notification” substitute the words “within thirty days of causing public notice under the said sub-section”. [ Vide Andhra Pradesh Act 9 of 1983, sec. 3 (w.r.e.f. 12-9-1975)].

(2) Every objection under sub-section (1) shall be made to the Collector in writing, and the Collector shall give the objector an opportunity of being heard 18 [in person or by any person authorised by him in this behalf] or by pleader and shall, after hearing all such objections and after making such further inquiry, if any, as he thinks necessary, 19 [either make a report in respect of the land which has been notified under section 4, sub-section (1), or make different reports in respect of different parcels of such land, to the appropriate Government, containing his recommendations on the objections, together with the record of the proceedings held by him, for the decision of that Government]. The decision of the 20 [appropriate Government] on the objections shall be final.

(3) For the purposes of this section, a person shall be deemed to be interested in land who would be entitled to claim an interest in compensation if the land were acquired under this Act.]

(2) Darbhanga. —Where a notice as prescribed by section 28 of the Darbhanga Improvement Act, 1934, has been served, the provisions contained in section 5A of the Land Acquisition Act, 1894, shall not apply. [ Vide Bihar and Orissa Act 4 of 1934, sec. 41].

(3) 22 In section 5A, in sub-section (1), for the words “within thirty days after the issue of the notice”, substitute the words “within thirty days after the publication of the notification referred to in the said sub-section at some conspicuous place in the village in which the land is situated or of the service of the copy thereof on him, whichever is later,”;

(2) In sub-section (2),—

(3) For the word “Collector”, wherever occurring, substitute the words “Deputy Commissioner”. [ Vide Mysore Act 17 of 1961, secs. 9 and 4 (w.e.f. 24-8-1961)].

6 Declaration that land is required for a public purpose. —

(1) Subject to the provisions of Part VII of this Act, 25 [when the] 26 [appropriate Government] is satisfied after considering the report, if any, made under section 5A, sub-section (2), that any particular land is needed for a public purpose, or for a Company, a declaration shall be made to that effect under the signature of a Secretary to such Government or of some officer duly authorised to certify its orders 27 [, and different declarations may be made from time to time in respect of different parcels of any land covered by the same notification under section 4, sub-section (1), irrespective of whether one report or different reports has or have been made (wherever required) under section 5A, sub-section (2)]: 28 [ 29 [Provided that no declaration in respect of any particular land covered by a notification under section 4, sub-section (1),—

(i) published after the commencement of the Land Acquisition (Amendment and Validation) Ordinance, 1967 (1 of 1967) but before the commencement of the Land Acquisition (Amendment) Act, 1984 68 of 1984) shall be made after the expiry of three years from the date of the publication of the notification; or

(ii) published after the commencement of the Land Acquisition (Amendment) Act, 1984, shall be made after the expiry of one year from the date of the publication of the notification:]

30 [Provided further that] no such declaration shall be made unless the compensation to be awarded for such property is to be paid by a Company, or wholly or partly out of public revenues or some fund controlled or managed by a local authority. 31 [ Explanation 1.—In computing any of the periods referred to in the first proviso, the period during which any action or proceeding to be taken in pursuance of the notification issued under section 4, sub-section (1), is stayed by an order of a Court shall be excluded. Explanation 2.—Where the compensation to be awarded for such property is to be paid out of the funds of a corporation owned or controlled by the State, such compensation shall be deemed to be compensation paid out of public revenues]. State Amendments Andhra Pradesh. —In section 6,— [ Vide Andhra Pradesh Act 22 of 1976, sec. 2 (w.r.e.f. 12-9-1975)].

(2) 32 [Every declaration] shall be published in the Official Gazette, 33 [and in two daily newspapers circulating in the locality in which the land is situate of which at least one shall be in the regional language, and the Collector shall cause public notice of the substance of such declaration to be given at convenient places in the said locality (the last of the date of such publication and the giving of such public notice, being hereinafter referred to as the date of publication of the declaration), and such declaration shall state] the district or other territorial division in which the land is situate, the purpose for which it is needed, its approximate area, and where a plan shall have been made of the land, the place where such plan may be inspected.

(3) The said declaration shall be conclusive evidence that the land is needed for a public purpose or for a Company, as the case may be; and, after making such declaration the 34 [appropriate Government] may acquire the land in a manner hereinafter appearing.

(2) Nagpur (City). —Subject to the provisions of clauses 10 and 11* of this Schedule to the Nagpur Improvement Trust Act, 1936, the issue of a notice under sub-section (4) of section 32 of that Act, in the case of land acquired under that sub-section, and in any other case the publication of a notification under section 45 of that Act shall be substituted for, and have the same effect as a declaration by the Local Government under section 6 of the Land Acquisition Act, 1894, unless a declaration under the last-mentioned section has previously been made and is in force. [ Vide C.P. Act 36 of 1936, sec. 61 and Sch., clause 2(2) (w.e.f. 1-1-1937); Maharashtra (Vidarbha Region) A.L.O., 1956]. * See State Amendments—Nagpur City under sections 23 and 24 post.

(3) In section 6, in sub-section (1), to the proviso, the following Explanation shall be deemed to have been added:— “ Explanation. —Where compensation to be awarded for such property is paid or to be paid out of any money provided by the State Government to a company, being a corporation owned or controlled by the State, whether provided as loan, grant or otherwise howsoever, for the purpose of payment of the whole or part of the compensation, such compensation shall be deemed to be compensation paid or to be paid out of public revenues.” [ Vide Maharashtra Act 24 of 1965, sec. 3]. In section 6,— Punjab: Haryana: Chandigarh. —Subject to the provisions of clauses 10 and 11* of the Schedule to the Punjab Town Improvement Act, 1922, the issue of a notice under sub-section (1) of section 32 of that Act in the case of land acquired under that sub-section, and in any other case the publication of a notification under section 42 of that Act shall be substituted for and have the same effect as a declaration by the State Government under section 6 of the Land Acquisition Act, 1894, unless a declaration under the last-mentioned section has previously been made and is still in force. [ Vide Punjab Act 4 of 1922, sec. 59 and Sch., clause 2(2); Act 31 of 1966, sec. 88]. * See State Amendments—Punjab under sections 23 and 24 post.

(1) in sub-section (1)—

(2) after sub-section (1), insert the following new sub-section, namely:— “(1A) Where a declaration under sub-section (1) of this section or in pursuance of sub-section (2) of section 4 of the Land Acquisition (Amendment and Validation) Act, 1967 (hereinafter collectively referred to as “the said provisions”), could not be made before the expiry of the period specified in the said provisions due to stay or injunction by order of a court in respect of any land notified under sub-section (1) of section 4, then, notwithstanding anything contained in the said provisions, a declaration in respect of such land may be made under this section where the stay or injunction has been finally vacated, before the expiry of one year from the commencement of the Land Acquisition (Maharashtra Amendment) Act, 1972, and where the stay or injunction is finally vacated after the commencement of the Act last mentioned, then within one year of such vacation of the stay or injunction; and there shall be paid simple interest calculated at six per centum per annum on the market value of such land as determined under this Act from the date of expiry of the period specified in the said provisions to the date of tender of payment of compensation awarded by the Collector for the acquisition of such land: Provided that, no interest shall be payable for any period during which the proceedings for the acquisition of such land were held up due to stay or injunction by order of a Court.” [ Vide Maharashtra Act 39 of 1972, sec. 5 (w.e.f. 10-10-1972)]. In section 6, in sub-section (2), for the words “shall be published in the Official Gazette”, substitute the words “shall be published in the Official Gazette or in the Government periodical entitled “Lok Rajya”, or in a newspaper having circulation in the local area”. [ Vide Maharashtra Act 29 of 1977, sec. 3 (w.e.f. 28-5-1977)].

7 After declaration, Collector to take order for acquisition: —Whenever any land shall have been so declared to be needed for a public purpose or for a company, the 36 [appropriate Government] or some officer authorised by the 36[appropriate Government] in this behalf, shall direct the Collector to take order for the acquisition of the land. State Amendments

9 Notice to persons interested: —

(1) The Collector shall then cause public notice to be given at convenient places on or near the land to be taken, stating that the Government intends to take possession of the land, and that claims to compensation for all interests in such land may be made to him. State Amendments

(2) Such notice shall state the particulars of the land so needed, and shall require all persons interested in the land to appear personally or by agent before the Collector at a time and place therein mentioned (such time not being earlier than fifteen days after the date of publication of the notice), and to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for such interests, and their objections (if any) to the measurements made under section 8. The Collector may in any case require such statement to be made in writing and signed by the party or his agent.

(3) The Collector shall also serve notice to the same effect on the occupier (if any) of such land and on all such persons known or believed to be interested therein, or to be entitled to act for persons so interested, as reside or have agents authorised to receive service on their behalf, within the revenue district in which the land is situate.

(4) In case any person so interested resides elsewhere, and has no such agent the notice shall be sent to him by post in a letter addressed to him at his last known residence, address or place of business and 37 [registered under sections 28 and 29 of the Indian Post Office Act, 1898 (6 of 1898)].

10 Power to require and enforce the making of statements as to names and interests: —

(1) The Collector may also require any such person to make or deliver to him, at a time and place mentioned (such time not being earlier than fifteen days after the date of the requisition), a statement containing, so far as may be practicable, the name of every other person possessing any interest in the land or any part thereof as co-proprietor, sub-proprietor, mortgagee, tenant or otherwise, and of the nature of such interest, and of the rents and profits (if any) received or receivable on account thereof for three years next preceding the date of the statement. State Amendment

(2) Every person required to make or deliver a statement under this section or section 9 shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code (45 of 1860).

11 Enquiry and award by Collector. — 38 [

(1) ] On the day so fixed, or any other day to which the enquiry has been adjourned, the Collector shall proceed to enquire into the objections (if any) which any person interested has stated pursuant to a notice given under section 9 to the measurements made under section 8, and into the value of the land and 39 [at the date of the publication of the notification under section 4, sub-section (1)], and into the respective interests of the persons claiming the compensation, and shall make an award under his hand of—

(i) the true area of the land;

(ii) the compensation which in his opinion should be allowed for the land; and

(iii) the apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom, or of whose claims, he has information, whether or not they have respectively appeared before him:

40 [Provided that no award shall be made by the Collector under this sub-section without the previous approval of the appropriate Government or of such officer as the appropriate Government may authorise in this behalf: Provided further that it shall be competent for the appropriate Government to direct that the Collector may make such award without such approval in such class of cases as the appropriate Government may specify in this behalf.]

40 [(2) Notwithstanding anything contained in sub-section (1), if at any stage of the proceedings, the Collector is satisfied that all the persons interested in the land who appeared before him have agreed in writing on the matters to be included in the award of the Collector in the form prescribed by rules made by the appropriate Government, he may, without making further enquiry, make an award according to the terms of such agreement.

(3) The determination of compensation for any land under sub-section (2) shall not, in any way affect the determination of compensation in respect of other lands in the same locality or elsewhere in accordance with the other provisions of this Act.

(4) Notwithstanding anything contained in the Registration Act, 1908 (16 of 1908), no agreement made under sub-section (2) shall be liable to registration under that Act.] State Amendments Andhra Pradesh. —In its application in the acquisition of any land in the project area for a project purpose as defined in Nagarjunasagar Project (Acquisition of Land) Act, 1956, for section 11, substitute the following section, namely:—

11. Enquiry and award by Collector. —On the day so fixed, or on any of other day to which the enquiry has been adjourned, the Collector shall proceed to enquire into the objections, if any, which any person interested has stated pursuant to a notice given under section 9 to the measurements made under section 8, into the market value of the land on the 1st July, 1953, and the value of any improvements to the land effected after that date and before the date of the publication of the notification under sub-section

(1) of section 4, into the value of the land at the date of the publication of the notification under sub-section (1) of section 4, and into the respective interests of the persons claiming the compensation and shall make an award under his hand of—

(i) the true are of the land;

(ii) the compensation which in his opinion should be allowed for the land; and

(iii) the apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom, or of whose claims, he has information, whether or not they have respectively appeared before him”.

[ Vide Andhra Pradesh Act 32 of 1956, sec. 3 (w.e.f. 8-11-1956)]. In its application in acquisition of any land in the project area for a project purpose as defined in Visakhapatnam Steel Project (Acquisition of Lands) Act, 1972:,(i) for section 11, substitute the following section, namely:— “11. Enquiry and award by Collector. —On the day so fixed, or on any other day to which the enquiry has been adjourned, the Collector, shall proceed to enquire, into the objections, if any, which any person interested has stated pursuant to a notice given under section 9 to the measurements made under section 8, into the market value of the land on the 1st April, 1966 and the value of any improvements to the land effected after that date and before the date of publication of the notification under sub-section (1) of section 4, into the value of the land on the date of publication of the notification under sub-section (1) of section 4, and into the respective interests of the persons claiming the amount payable to them for the land acquired and shall make an award under his hand of—

(i) the true area of the land;

(ii) the amount which in his opinion should be determined as payable for land acquired; and

(iii) the apportionment of the said amount among all the persons or believed to be interested in the land, of whom, or of whose claims, he has information, whether or not they have respectively appeared before him.”

[ Vide Andhra Pradesh Act 20 of 1972, sec. 3 (2)(i) (w.e.f. 13-11-1972)].

(2) After sub-section (1), insert the following sub-sections, namely:— “(2) Notwithstanding anything contained in sub-section (1), if at any stage of the proceedings, the Collector is satisfied that all the persons interested in the land who appear before him are agreeable to the award which he proposes to make under this section, the Collector may, without making further enquiry, require such persons to execute an agreement in the form prescribed by the State Government and make an award according to the terms of such agreement.

(3) The determination of compensation for any land under sub-section (2) shall not in any way affect the determination of compensation in respect of other lands in the same locality or elsewhere in accordance with the other provisions of this Act.

(4) Notwithstanding anything contained in the Indian Registration Act, 1908, no agreement made under sub-section (2) shall be liable to registration under that Act.” [ Vide Gujarat Act 20 of 1965, sec. 10 (w.e.f. 15-8-1965)].

(2) For the word “Collector” substitute “Deputy Commissioner”. [ Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)].

(2) In section 11, add the following, namely:— “Save that the power of such approval shall be exercisable by the Commissioner in lieu of the State Government where an award not exceeding one lakh of rupees is made to fix compensation under the provisions of the Bombay Taluqdari Tenure Abolition Act, 1949, the Bombay Personal Inams Abolition Act, 1952, the Bombay Merged Territories (Baroda Mulgiras Tenure Abolition) Act, 1953, the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953, and the Bombay Merged Territories Miscellaneous Alienations Abolition Act, 1955.” [ Vide Bombay Act 8 of 1958, sec. 3(4) and Notification No. TTA 1057-85416-L, dated 26th May, 1958; Bombay Government Gazette, 1958, Pt., IVB, page 538; Maharashtra Act 38 of 1964, sec. 2(f) (w.e.f. 7-12-1964)]. Nagpur (City). —In section 11, the full stop at the end shall be deemed to be changed to a semicolon and the following shall be deemed to be added, namely:— “and

(iv) the costs which, in his opinion, should be allowed to any person who is found to be entitled to compensation, and who is not entitled to receive the additional sum of fifteen per centum mentioned in sub-section (2) of section 23 as having been actually and reasonably incurred by such person in preparing his claim and putting his case before the Collector. The Collector may disallow, wholly or in part, costs incurred by any person, if the considers that the claim made by such person for compensation is extravagant.” [ Vide C.P. Act 36 of 1936, sec. 61 and Sch., clause 3 (w.e.f. 1-1-1937); Maharashtra (Vidarbha Region) A.L.O., 1956]. Punjab: Haryana: Chandigarh. —Same as that of Nagpur (City) under Maharashtra. [ Vide Punjab Act 4 of 1922, sec. 59 and Sch., clause 3]. Rajasthan † .— In section 11, insert the following sub-sections namely:— “(3) Notwithstanding anything contained in sub-section (1), if at any stage of the proceedings, the Collector is satisfied that all the persons interested in the land who appear before him are agreeable to the award which he proposes to make under this section the Collector may, with the general or specific prior approval of the State Government without making further inquiry, require such persons to execute an agreement in the form prescribed by the State Government and make an award according to the terms of such agreement.

(4) The determination of compensation of any land under sub-section (3) shall not in any way affect the determination of compensation in respect of other lands in the same locality or elsewhere in accordance with the other provisions of this Act.

(5) Notwithstanding anything contained in the Indian Registration Act, 1908 (Central Act 16 of 1908), no agreement made under this sub-section shall be liable to registration under the Act.” [ Vide Rajasthan Act 15 of 1981, sec. 4 (w.e.f. 27-6-1981)]. Uttar Pradesh. —In section 11, the full-stop at the end shall be deemed to be changed to a semicolon, and the following shall be deemed to be added, namely:— “and

(iv) the costs which, in his opinion, should be allowed to any person who is found to be entitled to compensation, and who is not entitled to receive the additional sum of fifteen per centum mentioned in sub-section (2) of section 23, as having been actually and reasonably incurred by such person in preparing his claim and putting his case before the Collector. The Collector may disallow, wholly or in part, costs incurred by any person. If he considers that the claim made by such person for compensation is extravagant”. [ Vide Uttar Pradesh Act 2 of 1959, sec. 376, Sch. II, para 3; Act 31 of 1966, sec. 88 ]. West Bengal. —(1) Calcutta (Improvement). —In section 11, before the words “make an award under his hand”, insert the words “after considering such evidence as may be adduced by the Board under sub-section (2) of section 50”. [ Vide Bengal Act V of 1911, sec. 71 and Sch., as amended by West Bengal Act 32 of 1955, sec. 74 (w.e.f. 20-10-1955)].

(2) Howrah (Improvement). —Same as that of Calcutta (Improvement). [ Vide West Bengal Act 14 of 1956, sec. 3]. Section 11A

12 Award of Collector when to be final. —

(1) Such award shall be filed in the Collector's office and shall, except as hereinafter provided, be final and conclusive evidence, as between the Collector and the persons interested, whether they have respectively appeared before the Collector or not, of the true area and value of the land, and apportionment of the compensation among the persons interested.

(2) The Collector shall give immediate notice of his award to such of the persons interested as are not present personally or by their representatives when the award is made. State Amendments

(2) The Collector shall give immediate notice of any correction made in the award to all persons interested.

(2) The Collector shall give immediate notice of any correction made in the award to all persons interested and, where the acquisition of land is not for the purposes of the Union, also to the State Government.

(2) If the award so amend discloses any overpayment, the Collector shall, either immediate 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 the 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.” [ Vide Bombay Act 35 of 1953, sec. 5 (w.e.f. 6-6-1953); Maharashtra Act 38 of 1964, sec. 2(f) (w.e.f. 7-12-1964)]. Punjab : Haryana: Chandigarh. —Same as that of Himachal Pradesh. [ Vide Punjab Act 17 of 1962, sec. 3 (w.e.f. 21-7-1962); Act 31 of 1966, sec. 88 (w.e.f. 1-11-1966)]. Uttar Pradesh. —Same as that of Himachal Pradesh. [ Vide Uttar Pradesh Act 22 of 1954, sec. 2 and Sch., para. 5 (w.e.f. 19-11-1954)].

13 Adjournment of enquiry. —The Collector may, for any cause he thinks fit, from time to time, adjourn the enquiry to a day to be fixed by him. State amendment

14 Power to summon and enforce attendance of witnesses and production of documents. —For the purpose of enquiries under this Act the Collector shall have power to summon and enforce the attendance of witnesses, including the parties interested or any of them, and to compel the production of documents by the same means, and (so far as may be) in the same manner as is provided in the case of a Civil Court under the 43 [Code of Civil Procedure, 1908 (5 of 1908)]. State Amendment

15 Matters to be considered and neglected. —In determining the amount of compensation, the Collector shall be guided by the provisions contained in sections 23 and 24. State Amendments Bihar: Patna (City). —Same as that of Maharashtra: Nagpur (City). [ Vide Bihar Act 35 of 1951, sec. 71 and Sch. para 3]. In section 15, for “and 24” substitute “24 and 24A”. [ Vide Bihar Act 57 of 1982, sec. 49 and Sch. (w.e.f. 8-10-1983)].

16 Power to take possession. —When the Collector has made an award under section 11, he may take possession of the land, which shall thereupon 45 [vest absolutely in the 46 [Government]], free from all encumbrances. STATE AMENDMENT

17 Special powers in cases of urgency. —

(1) In cases of urgency, whenever the 47 [appropriate Government] so directs, the Collector, though no such award has been made, may, on the expiration of fifteen days from the publication of the notice mentioned in section 9, sub-section (1), 48 [take possession of any land needed for a public purpose]. Such land shall thereupon 49 [vest absolutely in the 50 [Government]], free from all encumbrances.

(2) Whenever owing to any sudden change in the channel of any navigable river or other unforeseen emergency, it becomes necessary for any Railway administration to acquire the immediate possession of any land for the maintenance of their traffic or for the purpose of making thereon a river-side or ghat station, or of providing convenient connection with or access to any such station, 47 [or the appropriate Government considers it necessary to acquire the immediate possession of any land for the purpose of maintaining any structure or system pertaining to irrigation, water supply, drainage, road communication or electricity,] the Collector may, immediately after the publication of the notice mentioned in sub-section (1) and with the previous sanction of the 47 [appropriate Government], enter upon and take possession of such land, which shall thereupon 49 [vest absolutely in the 50[Government]] free from all encumbrances: Provided that the Collector shall not take possession of any building or part of a building under this sub-section without giving to the occupier thereof at least forty-eight hours' notice of his intention so to do, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such building without unnecessary inconvenience.

(3) In every case under either of the preceding sub-sections the Collector shall at the time of taking possession offer to the persons interested, compensation for the standing crops and trees (if any) on such land and for any other damage sustained by them caused by such sudden dispossession and not excepted in section 24; and, in case such offer is not accepted, the value of such crops and trees and the amount of such other damage shall be allowed for in awarding compensation for the land under the provisions herein contained.

51 [(3A) Before taking possession of any land under sub-section (1) or sub-section (2), the Collector shall, without prejudice to the provisions of sub-section (3),—

(a) tender payment of eighty per centum of the compensation for such land as estimated by him to the persons interested entitled thereto, and

(b) pay it to them, unless prevented by some one or more of the contingencies mentioned in section 31, sub-section (2),

and where the Collector is so prevented, the provisions of section 31, sub-section (2), (except the second proviso thereto), shall apply as they apply to the payment of compensation under that section.

(3B) The amount paid or deposited under sub-section (3A), shall be taken into account for determining the amount of compensation required to be tendered under section 31, and where the amount so paid or deposited exceeds the compensation awarded by the Collector under section 11, the excess may, unless refunded within three months from the date of the Collector's award, be recovered as an arrear of land revenue.]

(1) In section 17— “ Explanation .—This sub-section shall apply to any waste or arable land, not such as huts, pandals or sheds ”;

(2) In the following cases, that is to say,—

(2) In its application to the acquisition of lands in the Nagarjunasagar Project area, after sub-clause (b) of sub-section (2) of section 17 as amended by Madras Act 21 of 1948, add the following, namely:— “,or

(3) In its application to the acquisition of land of Andhra Pradesh Housing Board, after sub-clause (iii) of clause (b) of sub-section (2), add the following, namely:— “(iv) for the execution of any housing scheme under the Andhra Pradesh Housing Board Act, 1956.” [ Vide Andhra Pradesh Act 46 of 1956, sec. 40A (as inserted by Andhra Pradesh Act 14 of 1962), sec. 14.

(2) Whenever it becomes necessary for the purpose of protection life or property from flood, erosion or other natural calamities or for the maintenance of communication other than a railway communication or it becomes necessary for any Railway Administration (other than Railway Administration of the Union), owing to any sudden change in a channel of any navigable river or other unforeseen emergency for the maintenance of their traffic or for the purpose of making thereon a river-side or ghat station, or providing convenient connection with or access to any such station to acquire the immediate possession of any land, the Collector may, immediately after the publication of the declaration mentioned in section 6, or, with the consent in writing of the person interested, given in the presence of headman of the village or Mukhiya and Sarpanch as defined in the Bihar Panchayat Raj Act, 1947 (Bihar Act 7 of 1948), at any time after the publication of the notification under section 4 in the village in which the land is situated and with the previous sanction of the appropriate Government, enter upon and take possession of such land which shall thereon vest absolutely in the government free from encumbrances: Provided that the Collector shall not take possession of any building or part of a building under this sub-section without giving to the occupier thereof at least forty-eight hours' notice of his intention to do so, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such building without unnecessary inconvenience.

(3) In every case under the preceding sub-sections the Collector shall, at the time of taking possession offer to the person interested, compensation for the standing crops on such land and for any damage sustained by them caused by such sudden dispossession and not accepted in section 24 and, in case such offer is not accepted, the value of such crops and the amount of such other damage shall be allowed for in awarding compensation of the land under the provisions herein contained.

(2) Patna City .—In sub-section (3), after the figures “24”, the words, figures and letter “or section 24A” shall be deemed to be inserted. [ Vide Bihar Act 35 of 1951, sec. 71 and Sch. (w.e.f. 6-12-1951)]. In section 17— for the existing sub-section (1), the following sub-section shall be deemed to be substituted, namely:— “(1) Whenever the Government so directs in the interest of the expeditious execution of a housing or improvement scheme Housing Board Ordinance, 1974 the Collector, though no such award has been made, may on the expiration of fifteen days from the publication of the notice mentioned in sub-section (1) of section 3 take possession of any land needed for this purpose of the said Act and such land shall thereupon vest absolutely in the Government free from all encumbrances.”; [ Vide Bihar Act 57 of 1982, sec. 49, Sch. (w.e.f. 8-10-1983)].

(2) In section 17, in sub-section (1) omit the words “waste or arable”. [ Vide Gujarat Act 23 of 1962, sec. 31 and Act 20 of 1965 sec. 17, Sch. (w.e.f. 15-8-1965)]. Himachal Pradesh. —In section 17—

(2) In the following cases, that is to say,— [ Vide Himachal Pradesh Act, 1979 (4 of 1980), sec. 5 (w.e.f. 29-4-1980). Act has been repealed by Himachal Pradesh Act 17 of 1986].

(2) after sub-section (4) the following Explanation shall be deemed always to have been inserted:— “ Explanation .—It shall not be necessary for the purpose of sub-section (1) for taking possession of any waste or arable land, to state separately which lands are waste and which are arable.” [ Vide Maharashtra Act 24 of 1965, sec 4].

(3) Nagpur (City) .—(1) In section 17 in sub-section (3), after the figures “24”, the words, figures and letter “or section 24A” shall be deemed to be inserted;

(2) In section 17, add the following sub-section, namely:— “(5) When proceedings have been taken under this section for the acquisition of any land, and any person sustains damage in consequence of being suddenly dispossessed of such land, compensation shall be paid to such person for such dispossession.” [ Vide C.P. Act 36 of 1936, sec. 61 and Sch., clause 5 (w.e.f. 1-1-1937): Maharashtra (V.R.) A.L.O. 1956]. During the continuance of the Land Acquisition (Maharashtra Temporary Amendment) Act, 1972, the provisions of section 17 of the Land Acquisition Act, 1894 shall apply, subject to the following modifications, that is to say,— “In section 17, in sub-section (2), after the words “as the case may be”, where they occur for the first time, insert the words “or whenever due to failure of the monsoons or otherwise there is acute scarcity of water for drinking or agriculture and failure of crops in the State, it becomes necessary for the State Government or the Commissioner to acquire the immediate possession of any land, for the purpose of providing water for drinking or agriculture and by setting up or containing relief works for providing employment to persons affected by the conditions referred to above.” [ Vide Maharashtra Act 7 of 1973, sec. 2 (w.e.f. 26-2-1973)].

(2) In its application for the acquisition of land by the State Government for roadside or by the Nagar Mahapalika, in sub-section (3) of section 17, after the figures “24”, the words, figures and letter “or section 24A” shall be deemed to be inserted. [ Vide Uttar Pradesh Act 10 of 1945, sec. 9 and Sch., para 2 (w.e.f. 15-4-1946) and Act 2 of 1959, sec. 376 and Sch. II, para 5].

(3) In its application for the acquisition of land by the Nagar Mahapalika, after sub-section (3), the following sub-section shall be deemed to be added, namely:— “(4) *Sub-sections (1) and (3) shall apply also in the case of any area which is stated in a certificate granted by the District Magistrate or a Magistrate of the first class to be unhealthy.

(2) In section 17, after sub-section (3), the following sub-section shall be deemed to be added namely:—

(2) In its application to Development Board, after section 17, add the following section, namely:— “17A. Transfer of Land to Board .—In every case referred to in section 16 or section 17, the Collector shall, upon payment of the cost of acquisition, make over charge of the land to the Housing Commissioner, or an officer authorized in this behalf under the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965; and the land shall thereupon vest in the Board subject to the liability of the Board to pay any further costs which may be incurred on account of its acquisition.” [ Vide Uttar Pradesh Act 1 of 1966, sec. 55 and Sch., para 4]. West Bengal: Calcutta and Howrah (Improvements) .—After section 17, the following section shall be deemed to be inserted namely:— “17A. Transfer of Land to Board .—In every case referred to in section 16 or section 17, the Collector shall, upon payment of the cost of acquisition, make over charge of the land to the Board and the land shall thereupon vest in the Board, subject to the liability of the Board to pay any further costs which may be incurred on account of its acquisition.” [ Vide West Bengal Act 5 of 1911, sec. 71 and Sch., para 5 (w.e.f. 2-1-1912): West Bengal Act 14 of 1956, sec. 70 and Sch., para 6]. Union Territory: Goa Daman and Diu .—In section 17,—

18 Reference to Court. —

(1) Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interested.

(2) The application shall state the grounds on which objection to the award is taken: Provided that every such application shall be made,—

(a) if the person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the Collector's award;

(b) in other cases, within six weeks of the receipt of the notice from the Collector under section 12, sub-section (2), or within six months from the date of the Collector's award, whichever period shall first expire.

State Amendments Andhra Pradesh. —In section 18, in sub-section (2), for clause (b) of the proviso, substitute the following clause, namely:— “(b) in other cases, within two months from the date of service of the notice from the Collector under section 12, sub-section (2).” [ Vide Andhra Pradesh Act 20 of 1959, sec. 7 (w.e.f. 15-10-1959)].

(2) After sub-section (2), add the following sub-section, namely:— “(3) Any order made by the Collector on an application under this section shall be subject to revision by the High Court, as if the collector were a Court subordinate to the High Court within the meaning of section 115 of the Code of Civil Procedure, 1908 (5 of 1908).” [ Vide Himachal Pradesh Act, 1979 (4 of 1980), sec. 6 (w.e.f. 29-4-1980)].

(2) In section 18, in clause (b) to the proviso, the sign “,” occurring at the end, substitute the sign”:” and thereafter, add the following second proviso, namely:— “Provided further that the Collector may entertain an application under this section, after the expiry of the period of six weeks but within a period of six months, if he is satisfied that the applicant was prevented by sufficient cause from making the application in time.” [ Vide Himachal Pradesh Act 17 of 1986, sec. 2 (w.e.f. 22-7-1986)].

(2) Nagpur (City) .—In section 18, in sub-section (1), the full stop at the end shall be deemed to be changed to a comma and the words “or the amount of the costs allowed” shall be deemed to be added. [ Vide C.P. Act 35 of 1936, sec. 61 and Sch., para 7 (1-1-1937): Maharashtra (V.R.) A.L.O., 1965].

(2) In section 18, after sub-section (2), add the following sub-sections, namely:— “(3) Without prejudice to the provisions of sub-section (1) the Land Reforms Commissioner may, where he considers the amount of compensation allowed by the award under section 11 to be excessive, require the Collector that the matter be referred by him to the Court for determination of the amount of compensation. Explanation. —In any case of land under Chapter VII the requisition under this sub-section may be made by the Land Reforms Commissioner at the request of the Company on its undertaking to pay all the cost consequent upon such requisition.

19 Collector's statement to the Court. —

(1) In making the reference, the Collector shall state, for the information of the Court, in writing under his hand,—

(a) the situation and extent of the land, with particulars of any trees, buildings or standing crops thereon;

(b) the names of the persons whom he has reasons to think interested in such land;

(c) the amount awarded for damages and paid or tendered under sections 5 and 17, or either of them, and the amount of compensation awarded under section 11; 55 [***]

(d) if the objection be to the amount of the compensation, the grounds on which the amount of compensation was determined.

(2) To the said statement, shall be attached a Schedule giving the particulars of the notices served upon, and of the statements in writing made or delivered by the parties interested, respectively. State Amendments

(2) For the word “Collector”, wherever it occurs, substitute the words “ Deputy Commissioner”. [ Vide Mysore Act 17 of 1961, secs. 21 and 4 (w.e.f. 24-8-1961]. Maharashtra: Nagpur (City) .—In section 19, in sub-section (1), in clause (c), after the words “amount of compensation”, the words “and of costs (if any)“ shall be deemed to be inserted. [ Vide C.P. and Berar Act 36 of 1936, sec. 61 and Sch., para 8 (w.e.f. 1-1-1937); Maharashtra (V.R.) A.L.O. 1956)]. Punjab, Haryana, Chandigarh. —Same as that of Maharashtra: Nagpur (City). [ Vide Punjab Act 4 of 1922, sec. 59 and Sch., para 8]. Uttar Pradesh. —Same as that of Maharashtra: Nagpur (City). [ Vide Uttar Pradesh Act 2 of 1959, sec. 376 and Sch. II, para 8].

20 Service of notice. —The Court shall thereupon cause a notice specifying the day on which the Court will proceed to determine the objection, and directing their appearance before the Court on that day, to be served on the following persons, namely:—

(a) the applicant;

(b) all persons interested in the objection, except such (if any) of them as have consented without protest to receive payment of the compensation awarded; and

(c) in the objection is in regard to the area of the land or to the amount of compensation, the Collector.

State Amendments

21 Restriction on scope of proceedings. —The scope of the inquiry in every such proceeding shall be restricted to a consideration of the interests of the persons affected by the objection.

22 Proceedings to be in open Court. —Every such proceeding shall take place in open Court, and all persons entitled to practise in any Civil Court in the State shall be entitled to appear, plead and act (as the case may be) in such proceeding.

23 Matters to be considered in determining compensation. —

(1) In determining the amount of compensation to be awarded for land acquired under this Act, the Court shall take into consideration— first, the market value of the land at the date of the publication of the 57 [notification under section 4, sub-section (1)]; secondly, the damage sustained by the person interested, by reason of the taking of any standing crops or trees which may be on the land at the time of the Collector's taking possession thereof; thirdly, the damage (if any), sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of severing such land from his other land; fourthly, the damage (if any), sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings; fifthly, if, in consequence of the acquisition of the land by the Collector, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change; and sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land between the time of the publication of the declaration under section 6 and the time of the Collector's taking possession of the land.

(2) In addition to the market-value of the land, as above provided, the Court shall in every case award a sum of 59 [thirty per centum] on such market-value, in consideration of the compulsory nature of the acquisition. State Amendments Andhra Pradesh. —(1) In its application to the acquisition of any land in the project area for a project purpose as defined by the Nagarjunasagar Project (Acquisition of Land) Act, 1956, in section 23, in sub-section (1), for clause first, substitute the following clause, namely.— “first, the market value of the land on the 1st July, 1953, and the value of any improvements to the land effected after that date and before the date of the publication of the notification under sub-section (1) of section 4 or the market value of the land on the date of publication of the said notification, whichever is less; Explanation .—The Government may, on the request of the land-owner, agree to give in exchange any Government land the cost of which is, in their opinion, equal to the cost of the land acquired, or agree to pay the cost of a portion of the land acquired and for the remaining portion give Government land the cost of which is in their opinion equal to the amount due.” [ Vide Andhra Pradesh Act 32 of 1956, sec. 3 (w.e.f. 8-11-1956)].

(2) In its application in any land in the project area for project purpose as defined in Visakhapatnam Steel Project (Acquisition of Lands) Act, 1972, in section 23, in sub-section (1) for clause first, substitute the following clause, namely:— “first, the market value of the land on the 1st April, 1966, and the value of any improvements to the land effected after that date and before the date of the publication of the notification under sub-section (1) of section 4 or the market value of the land on the date of publication of the said notification, whichever is less; Explanation. —The Government may, on the request of the land-owner, agree to give in exchange any Government land the cost of which is, in their opinion, equal to the amount payable for the land acquired, or agree to pay an amount for a portion of the land acquired and for the remaining portion give Government land the cost of which is in their opinion equal to the amount due.” [ Vide A.P. Act 20 of 1972, sec. 3 (2)(ii) (w.e.f. 13-11-1972)].

(2) Mysore Town and Country Planning Act, 1961 (Mysore Act 11 of 1961), substitutes section 23 when land is acquired for some planning scheme under the Act. That sections is the same as in Maharashtra (1). [ Vide Mysore Act 11 of 1963, sec. 72(a)].

(3) For the word “Collector”, substitute the words Deputy Commissioner”. [ Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)]. Madhya Pradesh: Bhopal Area .—In section 23,—

(i) in sub-section (1), to clause beginning with the word “first”, add the following, proviso, namely:—

“Provided that when the market value of any land situate in Bhopal area, in respect of which the date of publication of the notification aforesaid is after the commencement of the Land Acquisition (Madhya Pradesh Amendment) Act, 1957 (XXI of 1958)* is in excess of its market value as on the 1st day of October, 1955, the market value thereof shall be deemed to be its market value as on the 1st day of October, 1955.”;

(ii) after sub-section (2), insert the following sub-section, namely:—

“(3) Where in respect of any land situate in Bhopal area the market value thereof is determined in accordance with the Proviso to clause first, then in addition to such market value and the additional sum provided under sub-section (2), the Court shall award a further sum not exceeding twenty-five per centum of such market value as may be deemed it in consideration of the appreciation in the price of land concerned by reason of the location of the Capital at Bhopal, regard being had to the situation of such land.” [ Vide Madhya Pradesh Act 5 of 1959, sec. 3 (w.e.f. 1-4-1959)]. * This Act came into force on 3-8-1958. Maharashtra: (1) Maharashtra (Highways) .—The Bombay Highways Act, 1955 (Bombay Act 45 of 1955), by reason of the provisions contained in sections 28(2) and 30, substituted for section 23 of the Land Acquisition Act, 1894, a new section 23 as given in the Schedule to the said Bombay Act. The text of this section 23 is as follows:— “23. Matters to be considered in determining compensation. —In determining the amount of compensation to be awarded for the land or any interest therein acquired under this Act, the following matters shall be taken into consideration:—

(1) the market value at the date of the publication of the declaration under section 15 of the Bombay Highways Act, 1955;

(2) the use to which the land was put at the date of such declaration;

(3) the damage sustained by the person interested by reason of the taking of any standing crops or trees which may be on the land at the time when the possession was taken from him;

(4) the damage (if any) sustained by the person interested at the time of the possession being taken from him by reason of severing such land from his other land;

(5) damage (if any) sustained by the person interested at the time of the possession being taken from him of the land by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner of his earnings;

(2) Nagpur (City). —(1) In clause first and clause sixthly, for the words and figures “publication of the notification under section 4, sub-section (1)” and “publication of the declaration under section 6”, the following clauses shall be deemed to be respectively substituted:— “(a) if the land is being acquired under sub-section (3) of section 32 of the Nagpur Improvement Trust Act, 1936, the words “issue of the notice under sub-section (3) of section 32 of the Nagpur Improvement Trust Act, 1936”, and

(b) in any other case, the words “first publication of the notification under section 39 of the Nagpur Improvement Trust Act, 1936.”

(2) In section 23, in sub-section (2), the full stop at the end shall be deemed to be changed to a colon, and the following proviso shall be deemed to be added, namely:— “Provided that this sub-section shall not apply to any land acquired under the Nagpur Improvement Trust Act, 1936, except—

(a) buildings in the actual occupation of the owner or occupied free of rent by a relative of the owner, and land apparent thereto; and

(b) gardens not let to tenants but used by the owners as a place of resort.”

(3) At the end of section 23, the following sub-section shall be deemed to be added, namely:— “(3) For the purposes of clause first of sub-section (1) of this section,—

(a) the market value of the land shall be the market value according to the use to which the land was put at the date with reference to which the market value is to be determined under that clause;

(b) if it be shown that before such date the owner of the land had in good faith taken active steps and incurred expenditure to secure a more profitable use of the same, further compensation based on his actual expenditure may be paid to him;

(c) if any person, without the permission of the Trust required by clause (b) of sub-section (1) of section 32 or by sub-section (3) of section 33 or by sub-section (4) of section 35 of the Nagpur Improvement Trust Act, 1936, has erected, re-erected, added to or altered any building or wall so as to make the same project beyond the street alignment prescribed under the said section 32 of the street alignment or building line shown in any plan finally adopted by the Trust under the said section 33, or within the area specified in sub-section (4) of the said section 35, as the case may be, then any increase in the market value resulting from such erection, re-erection, addition or alteration shall be disregarded;

(d) if market value has been increased by means of any improvement made by the owner or his predecessor-in-­interest within two years before the aforesaid date, such increase shall be disregarded, unless it be proved that the improvement so made was made in good faith and not in contemplation of proceedings for the acquisition of the land being taken under this Act;

(e) if the market value is specially high in consequence of the land being put to a use which is unlawful or contrary to public policy, that use shall be disregarded and the market value shall be deemed to be the market value of the land if put to ordinary uses; (f) if the market value of any building is specially high in consequence of the building being so overcrowded as to be dangerous to the health of the inmates, such overcrowding shall be disregarded and the market value shall be deemed to be the market value of the building if occupied by such number of persons only as could be accommodated in it without risk of danger from overcrowding; and

Provided that where any addition to, or improvement of, the land or building has been made after the date of such return and previous to the date with reference to which the market value is to be determined, the Court may take in to consideration any increase in the letting value of the land due to such addition or improvement.” [ Vide C.P. Act 36 of 1936, sec. 61 and Sch, clause 10 (w.e.f. 1-1-1937); Maharashtra (V.R.) A.L.O., 1956]. Manipur — See Note under Maharashtra (1).

23. Matters to be considered in determining compensation:

(1) In determining the amount of compensation to be acquired for the land or any interest therein acquired under this Act, the Arbitrating Authority shall take into consideration the following:—

(a) The market value of the land in question as laid down in section 33, sub-section (2) of the Nagaland Town and Country Planning Act, 1966,

(b) The use to which the land was put on the date of publication of the notification under section 32 of the Nagaland Town and Country Planning Act, 1966.

(c) The damages sustained by the person interested by reason of the taking of any standing crops or trees which may be on the land at the time when the possession was taken from him.

(d) The damage, if any, sustained by the person interested at the time of the possession being taken from him by reason of severing such land from his other land.

(e) The damage, if any, sustained by the person interested at the time of the possession being taken from him of the land by reason of the acquisition injuriously affecting his other property movable or immovable in any other manner or his earnings.

(f) if, a consequence of the acquisition of land the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change.

Explanation .—The market value shall be as indicated in section 33, sub-section (2) of the Nagaland Town and Country Planning Act, 1966.

(i) The market value, in the absence of any land Revenue Records to that effect shall be assessed by a Revenue Official of the rank of the Sub-Divisional Officer or the Additional Deputy Commissioner, who for the purposes of this Act shall be called the Assessing Authority for land acquisition.

(ii) The Assessing Authority shall assess the value of the land to be required and shall communicate his decision in writing to the owner.

(iii) If the owner is not satisfied with the assessment, he may file an appeal within thirty days after receiving the communication to the Deputy Commissioner who for the purpose of this Act shall be called the Arbitrating Authority. The decision of the Arbitrating Authority in this regard shall be final and binding on both parties.

(iv) Every Assessing Authority for Land Acquisition shall maintain a Register showing all land assessments done to date. Such a Register shall furnish information of each plot of land regarding location, boundaries, dimensions, area, accessibility, use at the time of assessment and any other relevant factor.

(v) The Assessing Authority for Land Acquisition will use the information available in the Register in the same manner as the information in land records is used to determine the market value”.

[ Vide Nagaland Act 2 of 1975 sec. 7 (26-6-1975)]. Punjab, Haryana, Chandigarh. —(1) In section 23, in sub-section (i), in clause first and clause sixthly, for the words “publication of the declaration relating thereto under section 6” and the words “publication of the declaration under section 6” shall be deemed to be substituted—

(a) if the land is being acquired under sub-section (3) of section 32 of the Act by the words “Issue of the notice under sub-section (3) of section 32 of the Punjab Town Improvement Act, 1922,” and

(b) in any other case, the words “first publication of the notification under section 36 of the Punjab Town Improvement Act, 1922.”

(2) In section 23, in sub-section (2), the full stop at the end shall be deemed to be changed to a colon and the following proviso shall be deemed to be added:— “Provided that this sub-section shall not apply to any land acquired under the Punjab Town Improvement Act.”

(3) At the end of section 23, the following shall be deemed to be added, namely:— “(3) For the purposes of clause first of sub-section (1) of this section,—

(a) the market value of the land shall be the market value according to the use to which the land was put at the date with reference to which the market value is to be determined under that clause;

(b) if it be shown that before such date the owner of the land had in good faith taken active steps and incurred expenditure to secure a more profitable use of the same, further compensation based on his actual loss may be paid to him;

(c) if any person, without the permission of the Trust required by sub-section (1) of section 31 of the Punjab Town Improvement Act, 1922, has erected, re-erected, added to or altered any building or wall so as to make the same project beyond the street alignment or building line duly prescribed by the Trust then anyproject beyond the street alignment or building line duly prescribed by the Trust then any increase in the market value resulting from such erection, re-erection, addition or alteration shall be disregarded;

(d) if market value has been increased by means of any improvement made by the owner or his predecessor-in-­interest within two years before the aforesaid date, such increase shall be disregarded unless it be proved that the improvement so made was made in good faith and not in contemplation of proceedings for the acquisition of the land being taken under the Punjab Town Improvement Act, 1922;

(e) if the market value is specially high consequence of the land being put to a use which is unlawful or contrary to public policy, that use shall be disregarded, and the market value shall be deemed to be the market value of the land if put to ordinary uses; and

(f) when the owner of the land or building has after passing of the Punjab town Improvement Act, 1922 and within two years preceding the date with reference to which the market value is to be determined, made a return under any enactment in force of the rent of the land or building, the rent of the land or building shall not in any case be deemed to be greater than the rent shown in the latest return so made, save as the Court may otherwise direct, and the market value shall be determined on the basis of such rent:

Provided that where any addition to, or improvement of, the land or building has been made after the date of such latest return and previous to the date with reference to which the market value is to be determined, the Court may take consideration any increase in the letting value of the land due to such addition or improvement.” [ Vide Punjab Act 4 of 1922, sec. 59 and Sch., clause 10]. Tamil Nadu. —(i) In section 23, in sub-section (1),—

(i) for clause first, substitute the following, namely:—

“first the market value of the land at the date of publication of the notification under section 4, sub-section (l), or an amount equal to the average market value of the land during the five years immediately preceding such date, whichever is less,”;

(ii) in clause fifthly, omit the word “and “at the end and in clause sixthly add the word “and” at the end;

(iii) after clause sixthly, add the following clause, namely:—

“seventhly, the use to which the land was put at the date of the publication of the notification under section 4, sub-section (1).”;

(iv) † it sub-section (2), for the words “fifteen per centum”, substitute the words “five per centum”.

[ Vide Tamil Nadu Act 23 of 1961, sec. 3].

(v) Madras (City) .—(1) In section 23, sub-section (1) for clauses first and sixthly, the following clauses shall respectively be deemed to be substituted, namely:—

“first, the market value of the land—

(a) at the date of the issue of the notice under clause (b) of sub-section (3) of section 40 of the Madras City Improvement Act, 1950, in case the land is proposed to be acquired in pursuance of that clause; and

(b) at the date of the first publication of the notice under section 47 of that Act, in any other case.”

“sixthly, the damage (if any), bona fide resulting from diminution of the profits of the land between the date referred to in paragraph (a) or paragraph (b), as the case may be, of clause first, and the date on which the Collector takes possession of the land.”

(2) In section 23, for sub-section (2), the following sub-section shall be deemed to have been substituted, namely:— “(2) For the purposes of clause first of sub-section (1) of this section,—

(a) if the market value of the land has been increased or decreased owing to the land falling within or near to the alignment of a projected public street, so much of the increase or decrease as may be due to such cause shall be disregarded;

(b) if any person, otherwise than in accordance with the provisions of this Act, erects, re-erects, adds to, or alters any wall or building so as to make the same project into the street alignment or beyond the building line prescribed by any scheme made under this Act, then, any increase in the market value resulting from such erection, re-erection, addition or alteration shall be disregarded.”

[ Vide Tamil Nadu Act 37 of 1950, sec. 73 and Sch., para 6 (w.e.f. 27-2-1951); Tamil Nadu A.L.O., 1969]. Uttar Pradesh. —(1) (a) In section 23, in sub-section (1), in clause first, add the following Explanation at the end, namely:— “ Explanation .—In judging the market value aforesaid in any case where land is acquired for or in connection with sanitary improvements of any kind or planned development due regard shall be had to the insanitary and unhygienic conditions of the land on the date aforesaid.”

(b) sub-section (2) shall be omitted.

Note. —The direction in item (b) above to omit sub-section (2) does not apply in respect of a notification under section 4 issued prior to the commencement of the Land Acquisition (U.P. Amendment) Act, 1954. [ Vide Uttar Pradesh Act 22 of 1954, secs. 3 and 8 (w.e.f. 19-11-1954)].

(2) In its application to the acquisition of land by the State Government in the controlled area on the roadside, in section 23,—

(a) in sub-section (1), in clause first and clause sixthly, for the words “publication of the notification under section 4, sub-section (1)” and the words “publication of the declaration under section 6”, the following words shall be deemed to be substituted, namely—:

“pulication of the notification under sub-section (2) of section 3 of the United Provinces Roadside Land Control Act, 1945.”;

(b) in section 23, after sub-section (2), the following sub-section shall be deemed to be added, namely:—

“(3) For the purposes of clause first of sub-section (1) of this section,—

(a) the market value of the land shall be the market value according to the use to which the land was put at the date with reference to which the market value is to be determined under that clause;

(b) if it be shown that before such date the owner of the land had in good faith taken active steps and incurred expenditure to secure a more profitable use of the same, further compensation based on his actual loss may be paid to him;

(c) if any person, without the permission of the Collector required by section 5 of the United Provinces Roadside Land Control Act, 1945, has erected, re-erected, added to or altered any building, then any increase in the market value resulting from such erection, re-erection, addition or alteration shall be disregarded;

(d) if market value has been increased by means of any improvement made by the owner or his predecessor-in-­interest within two years before the aforesaid date, such increase shall be disregarded unless it be proved that the improvement so made was made in good faith and not in contemplation of proceedings for the acquisition of the land being taken under this Act;

(e) if the market value is specially, high consequence of the land being put to ashall be disregarded, and the market value shall be deemed to be the market value of the land if put to ordinary uses; and

(f) when the owner of the land or building has after passing of the United Provinces Roadside Land Control Act, 1945, and within two years preceding, the date with reference to which the market value is to be determined, made a return under section 158 of the United Provinces Municipalities Act, 1916, of the rent of the land or building, the rent of the land or building shall not in any case be deemed to be greater than the rent shown in the latest return so made, save as the Court may otherwise direct and the market value may be determined on the basis of such rent:

Provided that, where any addition to, or improvement of, the land or building has been made after the date of such latest return and previous to the date with reference to which the market value is to be determined, the Court may take into consideration any increase in the letting value of the land due to such addition or improvement.” [ Vide Uttar Pradesh Act of 10 of 1945, sec. 9 and Sch., para 3 (w.e.f. 15-4-1946)].

(3) In its application to the acquisition of land by the Nagar Mahapalika, in section 23, in sub-section (1),—

(a) in clause first and clause sixthly, after the words “publication of the notification under section 4, sub-section (1)”, and the words “publication of the declaration under section ” shall be deemed to be added—

(i) if the land is being acquired under sub-section (3) of section 348 of this Act, the words “or in the case of acquisition under sub-section (3) of section 348 of the U.P. Nagar Mahapalika Adhiniyam, 1959, of the issue of the notice under sub-section (3) of section 348 of the Act,” and

(ii) in any other case, the words “or in the case of acquisition of land under any improvement scheme other than a deferred street scheme under Chapter XIV of the U.P. Nagar Mahapalika Adhiniyam, 1959, of the first publication of the notification under section 357 of that Act.”;

(b) in sub-section (2) the full stop at the end shall be deemed to be changed to a colon, and the following proviso shall be deemed to be added:—

“Provided that this sub-section shall not apply to any land acquired under Chapter XIV of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959, except—

(a) land acquired under sub-section (4) of section 348 of that Adhiniyam, and

(b) buildings in the actual occupation of the owner or occupied free of rent by a relative of the owner, and land appurtenant thereto, and

(c) gardens not let to tenants but used by the owners as a place of resort.”;

(c) sub-section (3) directed to be added at the end of section 23 is the same as sub-section (3) added by U.P. Act 10 of 1945 and given above, subject to the following notifications, namely:—

(i) for clause (c), substitute the following clause, namely:— “(c) if any person without the permission of the Mukhya Nagar Adhikari required by clause (b) of sub-section (1) of section 348 or by sub-section (4) of section 350 of the Nagar Mahapalika Adhiniyam, 1959, has erected, re-erected, added to or altered any building or wall so as to make the same project beyond the strect alignment prescribed under the said section 348 or within the area specified in sub-section (4) of the said section 350, as the case may be, then any increase in the market value resulting from such erection, re-erection addition or alteration shall be disregarded;”

(ii) after clause (e), insert the following as clause (f), namely:—

“(f) if the market value of any building is specially high in consequence of the building being so overcrowded as to be dangerous to the health of the inmates, such overcrowding shall be disregarded, and the market value shall be deemed to be the marked value of the building if occupied by such number of persons only as could be accommodated in it without risk of danger from overcrowding;”;

(iii) re-letter clause (f) as clause “(g)” and in the clause so relettered, for the words and figures “the United Provinces Roadside Land Control Act, 1945”; substitute the words and figures “the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959”.

[ Vide Uttar Pradesh Act 2 of 1959, sec. 176 and Sch. II, para 10 as amended by Uttar Pradesh Act 14 of 1959, sec. 10 (w.e.f. 24-9-1959)].

(4) in section 23, in its application to the Development Board established under Uttar Pradesh Act 1 of 1966,—

(i) in sub-section (1), in clause first, for the existing Explanation the following Explanation shall be deemed to be substituted:— “ Explanation .—In judging the market value aforesaid in any case where a land is acquired under a housing or Improvement scheme under the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965, if any building has been erected, re-erected, added or altered in contravention of the provisions of clause (a) of sub-section (3) of section 23, sub-section (3) of section 24 or section 35 of the said Adhiniyam, any increase in the market value resulting from such erection, re-erection, addition or alteration shall be disregarded;”;

(ii) after the existing sub-section (1), add the following sub-section, namely:—

“(2) In addition to the market value of the land as above provided, the Court shall in every case awarded a sum of ten per centum of such market value in consideration of the compulsory nature of the acquisition.” [ Vide Uttar Pradesh Act 1 of 1966, sec. 55 and Schedule].

(5) In section 23,—

(a) in sub-section (1), in clause first, omit the Explanation;

(b) after sub-section (1), insert the following sub-section, namely:—

“(2) In addition to the market value of the land as above provided, the Court shall in every case award a sum of fifteen per centum on such market value in consideration of the compulsory nature of the acquisition.” [ Vide Uttar Pradesh Act 28 of 1972, sec. 3 (w.e.f. 3-7-1972)]. Union Territory: Pondicherry .—For section 23, substitute the following section, namely:— “23. Matters to be considered in determining compensation .—(1) In determining the amount of compensation to be awarded for land or any interest therein acquired under this Act, the Court shall take into consideration— first, the market value of the land at the date of the declaration of the area as a planning area under section 8 of the Pondicherry Town and Country Planning Act, 1969; secondly, the damage sustained by the person interested by reason of the taking of any standing crops or trees which may be on the land at the time when the possession was taken from him; thirdly, the damage, if any, sustained by the person interested at the time of the possession being taken from him, by reason of severing such land from his other land; fourthly, the damage, if any, sustained by the person interested at the time of thepossession being taken from him of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings; and fifthly, if, in consequence of the acquisition of the land by the person interested is compelled to change his residence or place of business the reasonable expenses, if any incidental to such change.

(2) In addition to the market value of the land as above provided in sub-section (1), the Court shall in every case award a sum of fifteen per centum on such market-value in consideration of the compulsory nature of the acquisition.” [ Vide Pondicherry Act 15 of 1971, sec. 6 (w.e.f. 2-8-1971)]. West Bengal. —In section 23, in sub-section (1),— “seventhly, the loss of earning, if any, caused to the person interested, in consequence of the acquisition of the land, where earning was derived directly from such land.” [ Vide West Bengal Act 30 of 1963, sec. 4 as amended by Land Aquisition (West Bengal Amendment, Act, 1981, sec. 4)].

(1) (i) in clause fifthly, the word “and” at the end shall be omitted and deemed always to have been omitted;

(ii) in clause sixthly, for the words “possession of the land”, words “possession of the land, and” shall be deemed always to have been substituted;

(iii) after clause sixthly, following clause shall be deemed always to have been inserted, namely:—

(2) after sub-section (3), the following sub-section shall be deemed always to have been added always:— “(4) Compensation payable to a bargadar for loss of earning under clause seventhly of sub-section (1) shall not exceed six times the net average annual income which the bargadar derived or might have derived from the land during three years immediately preceding the date of acquisition. Explanation. —The net annual income of a bargadar in any year shall be taken to be fifty per cent. of the total produced of the land cultivated by him in that year where plough, cattle, manure and seeds necessary for cultivation are supplied by the person owning the land security five per cent. of the total produce of the land in all other cases.” [ Vide West Bengal Act 7 of 1997, sec. 5 (w.e.f. 2-5-1997)]. In section 23, omit sub-section (2). [ Vide West Bengal Act 9 of 1975, sec. 3 (w.e.f. 3-4-1975) Further W.B. Act 9 of 1975 was repealed by W.B. Act XXX of 1978]. In sub-section (1A), substitute the following proviso, namely:— ‘Provided that—

(a) in respect of the acquisition of the land referred to in sub-section (3A) of section 9, in addition to the market-value of the land, the Court shall in every case award an amount calculated at the rate of twelve per centum per annum on the value of the land for the period commencing on and from the date of taking possession of the land to the date immediately before the date of issue of the notice under sub-section (3A) of section 9 plus interest at the rate of twelve per centum per annum on the market-value of the land from the date of issue of the notice under sub-section (3A) of section 9 to the date of award of the Collector, and

(b) in respect of the acquisition of the land referred to in sub-section (3B) of section 9, in addition to the market-value of the land, the Court shall in every case award an amount calculated at the rate of twelve per centum per annum on the value of the land for the period commencing on and from the date of taking possession of the land to the date immediately before the date of publication of the notice under sub-section (1a) of section 4 of the West Bengal Land (Requisition and Acquisition) Act, 1948 (hereinafter referred to in this proviso as the said Act), as re-enacted by the West Bengal Land (Requisition and Acquisition) Re-enacting Act, 1977, plus interest at the rate of twelve per centum per annum on the market-value of the land for the period commencing on and from the date of publication of the notice under sub-section (1a) of section 4 of the said Act to the date of award of the Collector.

Explanation. —For the purposes of this proviso, the expression “value of the land” shall mean the market-value of the land determined with reference to the date of taking possession of the land.'. [ Vide West Bengal Act 19 of 1999, sec. 3]. Calcutta (Improvement). —(1) In section 23, sub-section (2) shall be deemed to be omitted.

(2) At the end of section 23, the following sub-section shall be deemed to be added, namely:— “(3) for the purposes of clause first sub-section (1) of this section,—

(a) when acquisition is proposed to be made by the Board of land comprised within any improvement scheme framed by the Board and published under section 49 of the Calcutta Improvement Act, 1911, the market value of the land shall be deemed to be the market value according to the disposition of the land at the date of publication of the notice under sub-section (2) of section 43 of the said Act; and in other cases, the market value shall be deemed to be the market value according to the disposition of the land at the date of publication of the notification relating thereto under section 4;

(b) [***]

(bb) if the market value has been increased or decreased owing to the land falling within or near to the alignment of a projected public street, so much of the increase or decrease as may be due to such cause shall be disregarded;

(bbb) if any person, without the permission of the Chairman required by section 63, sub-section (8) of the Calcutta Improvement Act, 1911, has erected, re-erected or added to any wall (exceeding ten feet in height) or building within the street alignment; or building line of a projected public street, or having erectted, re-erected or added to any wall or building as aforesaid with such permission fails to remove such wall or building or any specified portion thereof when so required by notice issued under sub-section (9) of the said section, then any increase in the market value resulting from such erection, re-erection or addition shall be disregarded;

(c) if the market value has been increased by means of any improvement made by the owner or his predecessor-in-interest within two years before the date with reference to which the market value is to be determined, such increase shall be disregarded, unless it be proved that the improvement was made bona fide and not in contemplation of proceedings for the acquisition of the land being taken under this Act;

(d) if the market value is specially high in consequence of the land being put to a use which is unlawful or contrary to public policy, the use shall be disregarded, and the market, value shall be deemed to be the market value of the land if put to ordinary uses; and

(e) if the market value of any building is specially high in consequence of the building being so overcrowded as to be dangerous to the health of the inmates, such overcrowding shall be disregarded, and the market value shall be deemed to be the market value of the building if occupied by such number of persons only as could be accommodated in it without risk or danger from overcrowding.”

[ Vide Bengal Act 5 of 1911, sec. 71 and Sch. (w.e.f. 2-1-1912) and West Bengal Act 32 of 1955, Sec. 74 (w.e.f. 20-10-1955)]. Calcutta (Corporation) .—Section 524 of the Calcutta Municipal Act, 1951 (West Bengal, Act 33 of 1951), provides as follows:—

(524) Application of Land Acquisition Act, 1894, with amendment. — Any land or building which the. Corporation is authorised by this Act to acquire may be acquired under the provisions of Land Acquisition Act, 1894, and for that purpose the said Act shall be subject to the amendment that the market value of any land or building to be acquired shall be deemed, for the purposes of clause first of sub-section (1) of Section 23 of the said Land Acquisition Act, 1894, to be the market value according to the disposition of such land or building at the date of publication of the declaration relating thereto under section 6 of the said Land Acquisition Act, 1894. Provided as follows:—

(i) if, within a period of two years from the date of the publication of such declaration in respect of any land or building, the Collector has not made an award under section 11 of the said Land Acquisition Act, 1894, with respect to such land or building, the owner of the land or building shall be entitled to receive compensation for the damage suffered by him in consequence of the delay;

(ii) if the market value is specially high in consequence of the property being put to a use which is unlawful or contrary to public policy that use shall be disregarded and the market value shall be deemed to be the market value of the land or building if put to ordinary uses;

(iii) if the market value has been increased by means of any improvement made by the owner or his predecessor-in-interest within one year before the aforesaid declaration was published, such increase shall be disregarded, unless it be proved that the improvement was made bona fide and not in contemplation of proceedings for the acquisition of the land or building being taken under the said Land Acquisition Act, 1894.”

[West Bengal Act 33 of 1951, sec. 524 as amended by West Bengal Act 19 of 1953].

(5) Howrah (Improvement) .—(i) In section 23, sub-section (2) shall be deemed to be omitted.

(ii) In section 23, at the end the following sub-section shall be deemed to have been added, namely:—

“(3) For the purposes of clause first of sub-section (1) of this section,—

(a) when acquisition is proposed to be made by the Board of land comprised within any improvement scheme framed by the Board and published under section 51 of the Howrah Improvement Act, 1956, the market value of the land shall be deemed to be the market value according to the disposition of the land at the date of publication of the notice under sub-section (2) of section 45 of the said Act; and in other cases, the market value shall be deemed to be the market value according to the disposition of the land as the date of publication of the notification relating thereto under section 4;

(b) if the market value has been increased or decreased owing to the land falling within or near to the alignment of a projected public street, so much of the increase or decrease as may be due to such cause shall be disregarded;

(c) if any person, without the permission of the Chairman required by sub-section (8) of section 63 of the Howrah Improvement Act, 1956, has erected, re-erected or added to any all (exceeding ten feet in height), or building within the street alignment or building line of a projected public park, or having erected, re-erected or added to any wall or building as aforesaid with such permission fails to remove such wall or building or any specified portion thereof when so required by notice issued under sub-section (9) of the said section, then any increase in the market value resulting from such erection, re-erection or addition shall be disregarded;

(d) if any person erects, re-erects or adds to any wall (exceeding ten feet in height), or building within a projected sewage disposal site or having erected, re-erected or added to any wall or building as aforesaid fails to remove such wall or building or any specified portion thereof when so required by a notice issued by the Board, then any increase in the market value resulting from such erection, re-erection or addition shall be disregarded;

(e) if the market value has been increased by means of any improvement made by the owner or his predecessor-in-interest within two years before the date with reference to which the market value is to be determined, such increase shall be disregarded, unless it be proved that the improvement was made bona fide and not in contemplation of proceedings for the acquisition of the land being taken under this Act;

(f) if the market value is specially high in consequence of the land being put to a use which is unlawful or contrary to public policy, that use shall be disregarded, and the market value shall be deemed to be the market value of the land if put to ordinary uses; and

(g) if the market value of any building is specially high in consequence of the building being so overcrowded as to be dangerous to the health of the inmates, such overcrowding shall be disregarded, and the market value shall be deemed to be the market value of the building if occupied by such number of persons only as could be accommodated in it without risk of danger from overcrowding.”.

[ Vide Howrah Improvement Act, 1956 (West Bengal Act 14 of 1956), sec. 70 and Sch. I, para 7(2) (w.e.f. 26-1-1957)].

24 Matters to be neglected in determining compensation. —But the Court shall not take into consideration— first, the degree of urgency which has led to the acquisition; secondly, any disinclination of the person interested to part with the land acquired; thirdly, any damage sustained by him which, if caused by a private person, would not render such person liable to a suit; fourthly, any damage which is likely to be caused to the land acquired, after the date of the publication of the declaration under section 6, by or in consequence of the use to which it will be put; fifthly, any increase to the value of the land acquired likely to accrue from the use to which it will be put when acquired; sixthly, any increase to the value of the other land of the person interested likely to accrue from the use to which the land acquired will be put; 60 [***] seventhly, any outlay or improvements on, or disposal of, the land acquired, commenced, made or effected without the sanction of the Collector after the date of the publication of the 61 [notification under section 4, sub-section

26 Form of awards. — 64 [

(1) ] Every award under this Part shall be in writing signed by the Judge, and shall specify the amount awarded under clause first of sub-section (1) of section 23, and also the amounts (if any) respectively awarded under each of the other clauses of the same sub-section, together with the grounds of awarding each of the said amounts.

27 Costs. —

(1) Every such award shall also state the amount of costs incurred in the proceedings under this Part, and by what persons and in what proportions they are to be paid.

(2) When the award of the Collector is not upheld, the costs shall ordinarily be paid by the Collector, unless the Court shall be of opinion that the claim of the applicant was so extravagant or that he was so negligent in putting his case before the Collector that some deduction from his costs should be made or that he should pay a part of the Collector's costs. State Amendments

66 [ 28 Collector may be directed to pay interest on excess compensation. —If the sum which, in the opinion of the Court, the Collector ought to have awarded as compensation is in excess of the sum which the Collector did award as compensation, the award of the Court may direct that the Collector shall pay interest on such excess at the rate of 67 [nine per centum] per annum from the date on which he took possession of the land to the date of payment of such excess into Court: 68 [Provided that the award of the Court may also direct that where such excess or any part thereof is paid into Court after the date of expiry of a period of one year from the date on which possession is taken, interest at the rate of fifteen per centum per annum shall be payable from the date of expiry of the said period of one year on the amount of such excess or part thereof which has not been paid into Court before the date of such expiry.] State Amendments

29 Particulars of apportionment to be specified. —Where there are several persons interested, if such persons agree in the apportionment of the compensation, the particulars of such apportionment shall be specified in the award, and as between such persons the award shall be conclusive evidence of the correctness of the apportionment.

30 Dispute as to apportionment. —When the amount of compensation has been settled under section 11, if any dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the same or any part thereof, is payable, the Collector may refer such dispute to the decision of the Court. State amendment

31 Payment of compensation or deposit of same in Court. —

(1) On making an award under section 11, the Collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto according to the award, and shall pay it to them unless prevented by some one or more of the contingencies mentioned in the next sub-section.

(2) If they shall not consent to receive it, or if there be no person competent to alienate the land, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the amount of the compensation in the Court to which a reference under section 18 would be submitted: Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount: Provided also that no person who has received the amount otherwise than under protest shall be entitled to make any application under section 18: Provided also that nothing herein contained shall affect the liability of any person, who may receive the whole or any part of any compensation awarded under this Act, to pay the same to the person lawfully entitled thereto.

(3) Notwithstanding anything in this section, the Collector may, with the sanction of 70 [appropriate Government] instead of awarding a money compensation in respect of any land, make any arrangement with a person having a limited interest in such land, either by the grant of other lands in exchange, the remission of land revenue on other lands held under the same title, or in such other way as may be equitable having regard to the interest of the parties concerned.

(4) Nothing in the last foregoing sub-section shall be construed to interfere with or limit the power of the Collector to enter into any arrangement with any person interested in the land and competent to contract 1 in respect thereof. State Amendments Andhra Pradesh. —In section 31,— “Provided that where the compensation is sought to be paid in instalments, the Collector shall pay instalments of the amount awarded with interest thereon at six per cent per annum from the time of taking possession of the land until the last instalment is paid: Provided further that where possession of land is taken but the compensation awarded is not paid or deposited before the date of commencement of the Land Acquisition (Andhra Pradesh Amendment) Act, 1976, the provisions of this section shall apply in relation to the payment of compensation as if the acquisition proceedings have been started after the date of commencement of the said Act.” [ Vide Andhra Pradesh Act 22 of 1976, sec. 3 (w.r.e.f. 12-9-1975)]. Himachal Pradesh. —In section 31,— “(4) Nothing in sub-sections (3) and (3A) shall be construed to interfere with or limit the power of the Collector to enter into any arrangement with any person interested in the land and competent to contract in respect thereof.” [ Vide Himachal Pradesh Act 17 of 1986, sec. 3 (w.e.f. 22-7-1986)].

(2) In sub-section (2), in the concluding proviso, after the words “any compensation”, the words “or costs” shall be deemed to inserted. [ Vide C.P. Act XXXVI of 1836, sec. 61 and Sch., para 13 (w.e.f. 1-1-1937); Maharashtra (V.R.) A.L.O., 1956]. Punjab : Haryana: Chandigarh. —Same as that of Maharashtra–Nagpur (City). [ Vide Punjab Act IV of 1922, sec. 59 and Sch., para. 13, Act 31 of 1966, sec. 88]. Uttar Pradesh. —(i) Same as that of Maharashtra–Nagpur (City). [ Vide Uttar Pradesh Act 11 of 1959, sec. 376 and Sch. II, para 13].

32 Investment of money deposited in respect of lands belonging to persons incompetent to alienate. —

(1) If any money shall be deposited in Court under sub-section (2) of the last preceding section and it appears that the land in respect whereof the same was awarded belonged to any person who had no power to alienate the same, the Court shall—

(a) order the money to be invested in the purchase of other lands to be held under the like title and conditions of ownership as the land in respect of which such money shall have been deposit­ed, was held, or

(b) if such purchase cannot be effected forthwith, then in such Government or other approved securities as the Court shall think fit;

and shall direct the payment of the interest or other proceeds arising from such investment to the person or persons who would for the time being have been entitled to the possession of the said land, and such moneys shall remain so deposited and invested until the same be applied—

(2) In all cases of moneys deposited to which this section ap­plies, the Court shall order the costs of the following matters, including therein all reasonable charges and expenses incident thereon, to be paid by the Collector, namely:—

(a) the costs of such investments as aforesaid;

(b) the costs of the orders for the payment of the interest or other proceeds, of the securities upon which such moneys are for the time being invested, and for the payment out of Court of the principal of such moneys, and of all proceedings relating thereto, except such as may be occasioned by litigation between adverse claimants.

State Amendments

(2) The ‘on account' payment referred to in sub-section (1) shall be deemed to be part of the compensation payable under this Act and shall be deducted and adjusted against the same.

33 Investment of money deposited in other cases. —When any money shall have been deposited in Court under this Act for any cause other than that mentioned in the last preceding section, the Court may, on the application of any party interested or claiming an interest in such money, order the same to be invested in such Government or other approved securities as it may think proper, and may direct the interest or other proceeds of any such invest­ment to be accumulated and paid in such manner as it may consider will give the parties interested therein the same benefit there­from as they might have had from the land in respect whereof such money shall have been deposited or as near thereto as may be. State Amendment West Bengal. —In section 33, for the words “last preceding section”, substitute the words “section 12”. [ Vide West Bengal Act 24 of 1964, sec. 4 (w.e.f. 26-11-1964)].

71 [ 34 Payment of interest. —When the amount of such compensation is not paid or deposited on or before taking possession of the land, the Collector shall pay the amount award­ed with interest thereon at the rate of 72 [nine per centum] per annum from the time of so taking possession until it shall have been so paid or deposited: 73 [Provid­ed that if such compensation or any part thereof is not paid or deposited within a period of one year from the date on which possession is taken, interest at the rate of fifteen per centum per annum shall be payable from the date of expiry of the said period of one year on the amount of compensation or part thereof which has not been paid or deposited before the date of such expiry.] State Amendment Tamil Nadu. —In section 34, add the following Proviso, namely:— “Provided that where such possession is taken before the commencement of the Land Acquisition (Madras Amendment) Act, 1953, the foregoing provision shall have effect as if for the rate of four per centum per annum specified therein the rate of six per centum per annum had been substituted”. [ Vide Tamil Nadu Act XII of 1953, sec. 2 (w.e.f. 8-7-1953)].

35 Temporary occupation of waste or arable land, procedure when difference as to compensation exists:-

(1) Subject to the provisions of Part VII of this Act, whenever it appears to the 75 [appropriate Government] that the temporary occupation and use of any waste or arable land are needed for any public purpose, or for a company, the appropriate Government may direct the Collector to procure the occupation and use of the same for such terms as it shall think fit, not exceeding three years from commencement of such occupation.

(2) The Collector shall thereupon give notice in writing to the persons interested in such land of the purpose for which the same is needed, and shall, for the occupation and use thereof, for such term as aforesaid, and for the materials (if any) to be taken therefrom, pay to them such compensation, either in a gross sum of money, or by monthly or other periodical payments, as shall be agreed upon in writing between him and such persons respectively.

(3) In case the Collector and the persons interested differ as to the sufficiency of the compensation or apportionment thereof, the Collector shall refer such difference to the decision of the Court. State Amendments

(2) After sub-section (1), insert the following sub-section, namely:—

36 Power to enter and take possession, and compensation on resto­ration. —

(1) On payment of such compensation, or on executing such agreement, or on making a reference under section 35, the Collector may enter upon and take possession of the land, and use or permit the use thereof in accordance with the terms of the said notice.

(2) On the expiration of the term, the Collector shall make or tender to the persons interested compensation for the damage (if any) done to the land and not provided for by the agreement, and shall restore the land to the persons interested therein: Provided that, if the land has become permanently unfit to be used for the purpose for which it was used immediately before the commencement of such term, and if the persons interested shall so require, the 77 [appropriate Government] shall proceed under this Act to acquire the land as if it was needed permanently for a public purpose or for a Company. State Amendment

37 Difference as to condition of land. —In case the Collector and persons interested differ as to the condition of the land at the expiration of the term, or as to any matter connected with the said agreement, the Collector shall refer such difference to, the decision of the Court. State Amendment

38 Company may be authorised to enter and survey:- [Rep. by the Land Acquisition (Amendment) Act, 1984 (68 of 1984), sec. 21 (w.e.f. 24-9-1984).]

39 Previous consent of 3 83 [appropriate Government] and execution of agreement necessary:- The provisions of 84 [sections 6 to 16 (both inclusive) and sections 18 to 37 (both inclusive)] shall not be put in force in order to acquire land for any company, [under this part], unless with the previous consent of the 83 [appropriate Government], nor unless the Company shall have executed the agreement hereinafter mentioned. State Amendments

40 Previous enquiry. —

(1) Such consent shall not be given unless the 86 [appropriate Government] be satisfied, 87 [either on the report of the Collector under section 5A, sub-section (2), or] by an enquiry held as hereinafter provided,—

90 [(b) that such acquisition is needed for the construction of some work* and that such work is likely to prove useful to the public.]

(2) Such enquiry shall be held by such officer and at such time and place as the 91 [appropriate Government] shall appoint.

(3) Such officer may summon and enforce the attendance of wit­nesses and compel the production of documents by the same means and, as far as possible, in the same manner as is provided by the 92 [Code of Civil Procedure, 1908 (5 of 1908)] in the case of Civil Court. State Amendment

41 Agreement with appropriate Government. — 94 [***] If the 95 [appropriate Government] is satisfied 96 [after considering the report, if any, of the Collector under section 5A, sub-section (2), or on the report of the officer making an inquiry under section 40] that the 97 [proposed acquisition is for any of the purposes referred to in clause

42 Publication of agreement. —Every such agreement shall, as soon as may be after its execution, 106 [***] be published in the Official Gazette, and thereupon (so far as regards the terms on which the public shall be entitled to use the work) have the same effect as if it had formed part of this Act.

43 Sections 39 to 42 not to apply where Government bound by agree­ment to provide land for Companies. —The provisions of sections 39 to 42, both inclusive, shall not apply and the corresponding sections of the 108 Land Acquisition Act, 1870 (10 of 1870), shall be deemed never to have applied, to the acquisition of land of any Railway or other Company, for the purposes of which, 109 [under any agreement with such Company, the Secretary of State for India in Council, the Secretary of State, 110 [The Central Government or any State Government] is or was bound to provide land.]

44 How agreement with railway Company may be proved. —In the case of the acquisition of land for the purposes of a Railway Company, the existence of such an agreement as is mentioned in section 43 may be proved by the production of a printed copy thereof purporting to be printed by order of Government.

44B Land not to be acquired under this Part except for certain purpose for private companies other than Government companies. —Notwithstanding anything contained in the Act, no land shall be acquired under this Part, except for the purpose mentioned in clause

45 Service of notices. —

(1) Service of any notice under this Act shall be made by delivering or tendering a copy thereof signed in the case of a notice under section 4, by the officer therein mentioned, and in the case of any other notice, by an order of the Collector or the Judge.

(2) Whenever it may be practicable, the service of the notice shall be made on the person therein named.

(3) When such person cannot be found, the service may be made on any adult male member of his family residing with him; and if no such adult male member can be found, the notice may be served by fixing the copy on the outer door of the house in which the person therein named ordinarily dwells or carries on business or by fixing a copy thereof in some conspicuous place in the office of the officer aforesaid or of the Collector or in the court-house, and also in some conspicuous part of the land to be ac­quired: Provided that if the Collector or Judge shall so direct, a notice may be sent by post, in a letter addressed to the person named therein at his last known residence, address or place of business and 116 [registered under sections 28 and 29 of the Indian Post Office Act, 1898 (6 of 1898)], and service of it may be proved by the production of, the addressee's receipt. State Amendments Andhra Pradesh. —In section 45, in the proviso, to sub-section (3), for the words “and service of it may be proved by the production of the addressee's receipt”, substitute the following, namely:— “and the notice shall be deemed to be served on such person on the date on which the notice sent by registered post will, in the usual course of post, be received by he addressee”. [ Vide Andhra Pradesh Act 20 of 1959, sec. 8 (15-8-1959)].

(2) Where the ownership of the land is in dispute or where the persons interested in the land are not readily traceable 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.” [ Vide Mysore Act 17 of 1961, sec. 32 (w.e.f. 24-8-1961)].

46 Penalty for obstructing acquisition of land. —Whoever wilful­ly obstructs any person in doing any of the acts authorised by section 4 or section 8 or wilfully fills up, destroys, damages or displaces any trench or mark made under section 4, shall, on conviction before a Magistrate, be liable to imprisonment for any term not exceeding one month, or to fine not exceeding 118 [five hundred rupees], or to both. State Amendments

47 Magistrate to enforce surrender. —If the Collector is op­posed or impeded in taking possession under this Act of any land, he shall, if a Magistrate, enforce the surrender of the land to himself, and, if not a Magistrate, he shall apply to a Magistrate or (within the towns of Calcutta, Madras and Bombay) to the Commissioner of Police and such Magistrate or the Commissioner (as the case may be) shall enforce the surrender of the land to the Collector. State AmendmentS

48 Completion of acquisition not compulsory, but compensation to be awarded when not completed. —

(1) Except in the case provided for in section 36, the Government shall be at liberty to withdraw from the acquisition of any land of which possession has not been taken.

(2) Whenever the Government withdraws from any such acquisition, the Collector shall determine the amount of compensation due for the damage suffered by the owner in consequence of the notice or of any proceedings thereunder, and shall pay such amount to the person interested, together with all costs reasonably incurred by him in the prosecution of the proceedings under this Act relating to the said land.

(3) The provisions of Part III of this Act shall apply, so far as may be, to the determination of the compensation payable under this section. State Amendments

(2) The provisions of Part III of this Act shall apply so far as may be, to the determination of the compensation payable under this section”. [ Vide C.P. Act 36 of 1936, sec. 6l and Sch., para 14 (w.e.f. 2-1-1937); Maharashtra (V.R.) A.L.O. 1956]. Punjab, Haryana, Chandigarh. —Same as that of Maharashtra: Nagpur (City). [ Vide Punjab Act 4 of 1922, sec. 59 and Sch., para 14; Act 31 of 1966, sec. 38]. Tamil Nadu: Madras (City).— After section 48, the following section shall be deemed to be inserted, namely:— “48A. Compensation to be awarded when land not acquired within two years .—(1) Where the Collector has not made an award under section 11, in respect of any land within a period of two years from the date of the publication of the declaration under section 6 or of the issue of a notice under clause (c) or sub-section (3) of section 40 of the Madras City Improvement Trust Act, 1950 or of the publication of a notification undersection 53 of that Act, as the case may be, the owner of the land shall, unless he has been responsible for the delay to a material extent be entitled to receive compensation for the damage suffered by him in consequence of the delay.

(2) The provision of Part III of this Act shall apply, so far as may be to the determination of the compensation payable under this section.” [ Vide Madras Act 37 of 1950, sec. 73 and Sch., para 9 (w.e.f. 27-2-1951): Tamil Nadu A.L.O., 1969]. Uttar Pradesh. —After section 48, the following section shall be deemed to be inserted, namely:—

48A. Compensation to be awarded when land not acquired within two years .—

(1) If within a period of 2 years from the date of the publication of the declaration under section 6 in respect of any land, the Collector has not made an award under section 11, with respect to such land, the owner of the land shall, unless he has been to a material extent responsible for the delay, be entitled to receive the compensation for the damage suffered by him in consequence of the delay.

(2) The provisions of Part III of this Act shall apply, so far as may be, to the determination of the compensation payable under this section.” [ Vide Uttar Pradesh Act 2 of 1959, sec. 376 and Sch. II, para 14]. West Bengal: Calcutta (Improvement): Howrah (Improvement) .—After section 48; the following section shall be deemed to be inserted, namely:— “48A. Compensation to be awarded when land not acquired within two years .—(1) if, within a period of two years from the date of the issue of the public notice under sub-section (1) of section 9, in respect of any land the Collector has not made an award under section 11 with respect to such land, the owner of the land shall be entitled to receive compensation for the damage suffered by him in consequence of the delay.

(2) The provisions of Part III of this Act shall apply, so far as may be, to the determination of the compensation payable under this section.” [ Vide West Bengal Act 5 of 1911, sec. 71 and Sch. para 13 (w.e.f. 2-1-1912) and West Bengal Act 32 of 1955, sec. 74 (w.e.f. 20-10-1955) West Bengal Act 14 of 1956, sec. 70 and Sch. I, para. 11]. Section 48B Calcutta (Improvement): Howrah (Improvement) .—After section 48A, insert the following section, namely:— “48B. Sections 48 and 48A not to apply in certain cases .—No compensation shall be payable in pursuance of section 48 or section 48A when proceedings for the acquisition of land have been abandoned on the execution of an agreement, or the acceptance of a payment in pursuance, of sub-section (4) of section 78 of the Calcutta Improvement Act, 1911 Howrah Improvement Act, 1956.” [ Vide West Bengal Act 5 of 1911, sec. 71 and Sch. para 13 (w.e.f. 2-1-1912): West Bengal Act 14 of 1956 sec. 70 and Sch. I, para 11].

49 Acquisition of part of house or building. —

(1) The provisions of this Act shall not be put in force for the purpose of acquiring a part only of any house, manufactory or other building, if the owner desires that the whole of such house, manufactory or building shall be so acquired: Provided that the owner may, at any time before the Collec­tor has made his award under section 11, by notice in writing, withdraw or modify, his expressed desire that the whole of such house, manufactory or building shall be so acquired: Provided also that, if any question shall arise as to wheth­er any land proposed to be taken under this Act does or does not form part of a house, manufactory or building within the meaning of this section, the Collector shall refer the determination of such question to the Court and shall not take possession of such land until after the question has been determined. In deciding on such a reference, the Court shall have regard to the question whether the land proposed to be taken is reasona­bly required for the full and unimpaired use of the house, manu­factory or building.

(2) If, in the case of any claim under section 23, sub-section (1), thirdly, by a person interested, on account of the serving of the land to be acquired from his other land, the 122 [appropriate Government] is of opinion that the claim is unreasonable or exces­sive, it may, at any time before the Collector has made his award, order the acquisition of the whole of the land of which the land first sought to be acquired forms a part.

(3) In the case last hereinbefore provided for, no fresh decla­ration or other proceedings under sections 6 to 10, both inclu­sive, shall be necessary; but the Collector shall without delay furnish a copy of the order of the 122[appropriate Government] to the person interested, and shall thereafter proceed to make his award under section 11. State Amendments

(2) Where under the proviso to sub-section (1) of section 49, the owner withdraws or modifies the desire expressed by him, it shall be lawful for the Collector to put in force the provisions of the Act for the acquisition of such part of the house, manufactory or building as may be in conformity with such withdrawal or modification.” [ Vide Gujarat Act 20 of 1965, sec. 22 (w.e.f. 15-8-1965)]. West Bengal. —After section 49, insert the following section, namely:— “49A. Circumstances in which section 49 shall be put in force. —(1) Where the owner desires under sub-section (i) of section 49 that the whole of any house, manufactory or building shall be acquired, the provisions of that sub-section shall have effect only when the Collector is satisfied that the acquisition of a part only of such house, manufactory or building shall so adversely affect the use of the remaining part for the purpose for which it was being used as to justify the acquisition of the whole of the house, manufactory or building, as the case may be.

(2) Where the owner withdraws or modifies under the first proviso to sub-section (1) of section 49 his expressed desire that the whole of such house, manufactory or building shall be so acquired, it shall be lawful for the Collector to put in force the provisions of this Act for the purpose of acquiring a part only of such house, manufactory or building, as the case may be, in conformity with such withdrawal or modification.” [ Vide West Bengal Act 36 of 1986, sec. 3 (w.e.f. 14-2-1990)].

50 Acquisition of land at cost of a local authority or Company. —

(1) Where the provisions of this Act are put in force for the purpose of acquiring land at the cost of any fund controlled or managed by a local authority or of any Company, the charges of any incidental to such acquisition shall be defrayed from or by such fund or Company.

(2) In any proceeding held before a Collector or Court in such cases the local authority or Company concerned may appear and adduce evidence for the purpose of determining the amount of compensation: Provided that no such local authority or Company shall be entitled to demand a reference under section 18. State Amendments

51 Exemption from stamp duty and fees. —No award or agreement made under this Act shall be chargeable with stamp duty, and no person claiming under any such award or agreement shall be liable to pay any fee for a copy of the same.

52 Notice in case of suits for anything done in pursuance of Act :- No suit or other proceeding shall be commenced or prosecuted against any person for anything done in pursuance of this Act, without giving to such person a month's previous notice in writing of the intended proceeding, and of the cause thereof, nor after tender of sufficient amends. State Amendments Section 52A

53 Code of Civil Procedure to apply to proceedings before Court. —Save in so far as they may be inconsistent with anything contained in this Act, the provisions of the 129 [Code of Civil Procedure, 1908 (5 of 1908)] shall apply to all proceedings before the Court under this Act.

131 [ 54 Appeals in proceedings before Court. —Subject to the provi­sions of the Code of Civil Procedure, 1908 (5 of 1908), applicable to appeals from original decrees, and notwithstanding anything to the con­trary in any enactment for the time being in force, an appeal shall only lie in any proceedings under this Act to the High Court from the award, or from any part of the award, of the Court and from any decree of the High Court passed on such appeal as aforesaid an appeal shall lie to the 132 [Supreme Court] subject to the provisions contained in section 110 of the Code of Civil Proce­dure, 1908, and in Order XLIV thereof.] State Amendments

54. Appeals in proceedings before Court. —

(1) Subject to the provisions of the Code of Civil Procedure, 1908, applicable to appeals from original decrees, an appeal 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) From any decree of a Court, other than the High Court, passed on an appealunder sub-section (1) an appeal shall lie to the High Court, if, by only if, the amount of 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 under 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 in Order XLV of the First Schedule to the said Code.” [ Vide Mysore Act 17 of 1961, sec. 35 (w.e.f. 24-8-1961)]. Section 54A West Bengal. —After section 54, insert the following section, namely:— “ 54A. Act to apply to acquisition of land referred to in sub-sections (3A) and (3B) of section 9 .—Save as otherwise provide in sub-section (3B) of section 9, the second proviso to section 11A, and the proviso to sub-section (1A) of section 23, the provisions of this Act shall apply to the acquisition of the land referred to in sub-section (3A), and sub-section (3B) of section 9 mutatis mutandis .” [ Vide West Bengal Act 7 of 1997, sec. 6 (w.e.f. 2-5-1997)].

55 Power to make rules. —

(1) The 134 [appropriate Government] shall 135 [***] have power to make rules consistent with this Act for the guidance of officers in all matters connected with its enforcement, and may from time to time alter and add to the rules so made: 136 [Provided that the power to make rules for carrying out the purposes of Part VII of this Act shall be exercisable by the Central Government and such rules may be made for the guidance of the State Governments and the officers of the Central Government and of the State Governments: Provided further that every such rule made by the Central Government shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or two or more successive sessions, and if, 137 [before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule:] 138 [Provided also that every such rule made by the State Government shall be laid, as soon as may be after it is made, before the State Legislature.]

(2) The power to make, alter and add to rules under sub-section (1) shall be subject to the condition of the rules being made, altered or added to after previous publication.

(3) All such rules, alterations and additions shall be 139 [***] published in the Official Gazette, and shall thereupon have the force of law. State Amendment Section 56

(2) Where, in any proceeding under the State Act pending on the date of extension, the State Government, the Collector or the Court has, on or after the said date and before the commencement of the Land Acquisition (Rajasthan Amendment) Act, 1987, done anything, taken any action or made any order which is at variance with that as is provided in this Act, such thing, action or order shall, subject to the other provisions of this section, be deemed to have been done, taken or made under and in accordance with the provisions of this Act and such proceeding shall not be re-opened or reviewed or liable to be challenged on the ground of not being in accordance with the provisions of this Act.

(3) All things done, actions taken or orders made in regard to acquisition of any land for the Union on of after the date of extension and before the commencement of the Land Acquisition (Rajasthan Amendment) Act, 1987 shall be deemed to have been done, taken or made under the direction of the Union.

1. Subs. by Act 68 of 1984, sec. 2, for “the territories which, immediately before the 1st day of November, 1956, were comprised in Part B States, and” (w.e.f. 24-9-1984).

2. Ed. This State Amendment relates to sub-section (2) prior to its amendment made by Central Act 68 of 1984 (w.e.f. 24-9-1984).

3. This State Amendment relates to sub-section (2) prior to its Amendment made by Central Act 68 of 1984 (w.e.f. 24-9-1984).

4. Ins. by Act 68 of 1984, sec. 3 (w.e.f. 24-9-1984).

5. Subs. by the A.O. 1950, for “Provincial Government”.

6. Ins. by Act 68 of 1984, sec. 3 (w.e.f. 24-9-1984).

7. Subs. by the A.O. 1950, for “Provincial Government”.

8. Subs. by Act 68 of 1984, sec. 3, for clause (e) (w.e.f. 24-9-1984).

9. Ed. This State Amendment relates to sub-section (2) prior to its amendment made by Central Act 68 of 1984 (w.e.f. 24-9-1984).

10. Ins. by the A.O. 1950.

11. Subs. by Act 68 of 1984, sec. 3, for clause (f) (w.e.f. 24-9-1984).

12. This State Amendment relates to clause (f) prior to its amendment made by Central Act 68 of 1984 (w.e.f. 24-9-1984).

13. This State Amendment relates to clause (f) prior to its amendment made by Central Act 68 of 1984 (w.e.f. 24-9-1984).

14. Subs by Act 68 of 1984, sec. 3, for “Chapter XXXI of the Code of Civil Procedure, 1882 (14 of 1882)” (w.e.f. 24-9-1984).

15. Subs. by the A.O. 1950, for “Provincial Government”.

16. Ins. by Act 38 of 1923, sec. 2.

17. Ins. by Act 68 of 1984, sec. 4 (w.e.f. 24-9-1984).

18. Ins. by Act 38 of 1923, sec. 3.

19. Subs. by Act 68 of 1984, sec. 5, for “within thirty days after the issue of the notification” (w.e.f. 24-9-1984).

20. Subs. by Act 68 of 1984, sec. 5, for “either in person” (w.e.f. 24-9-1984).

21. Subs. by Act 13 of 1967, sec. 2, for certain words (w.e.f. 12-4-1967).

22. Subs. by the A.O. 1950, for “Provincial Government”.

23. Ed. This State Amendment relates to section 5A prior to its amendment made by Central Act 68 of 1984 (w.e.f. 24-9-1984).

24. Ed. This State Amendment relates to sub-section (2) prior to its amendment made by Central Act 13 of 1967 (w.e.f. 12-4-1967).

25. Subs. by Act 38 of 1923, sec. 4, for “whenever it appears to the Local Government”.

26. Subs. by the A.O. 1950, for “Provincial Government.”

27. Ins. by Act 13 of 1967, sec. 3 (w.e.f. 12-4-1967).

28. Subs. by Act 13 of 1967, sec. 3, for the proviso (w.e.f. 12-4-1967).

29. Subs. by Act 68 of 1984, sec. 6, for the first proviso (w.e.f. 24-9-1984).

30. Subs. by Act 13 of 1967, sec. 3, for “Provided that” (w.e.f. 12-4-1967).

31. Ins. by Act 68 of 1984, sec. 6 (w.e.f. 24-9-1984).

32. Subs. by Act 13 of 1967, sec. 3, for “The declaration” (w.e.f. 12-4-1967).

33. Subs. by Act 68 of 1984, sec. 6, for, “, and shall state” (w.e.f. 24-9-1984).

34. Subs. by the A.O. 1950, for “Provincial Government”.

35. Ed. This State Amendment relates to sub-section (1) prior to its amendment made by Central Act 13 of 1967 (w.e.f. 12-4-1967).

36. Subs. by the A.O. 1950, for “Provincial Government”.

37. Subs. by Act 68 of 1984, sec. 7, for “registered under Part III of the Indian Post Office Act, 1866 (14 of 1866)” (w.e.f. 24-9-1984).

38. Section 11 re-numbered as sub-section (1) of that section by Act 68 of 1984, sec. 8 (w.e.f. 24-9-1984).

39. Ins. by Act 38 of 1923, sec. 5.

40. Ins. by Act 68 of 1984, sec. 8 (w.e.f. 24-9-1984).

41. Ins. by Act 68 of 1984, sec. 9 (w.e.f. 24-9-1984).

42. Ins. by Act 68 of 1984, sec. 10 (w.e.f. 24-9-1984).

43. Subs. by Act 68 of 1984, sec. 11, for “Code of Civil Procedure, 1882 (14 of 1882)” (w.e.f. 24-9-1984).

44. Ins. by Act 68 of 1984, sec. 12 (w.e.f 24-9-1984).

45. Subs. by the A.O. 1937, for “vest absolutely in the Government”.

46. Subs. by the A.O. 1950, for “Crown”.

47. Subs. by the A.O. 1950, for “Provincial Government”.

48. Subs. by Act 68 of 1984, sec. 13, for certain words (w.e.f. 24-9-1984).

49. Subs. by the A.O. 1937, for “vest absolutely in the Government”.

50. Subs. by the A.O. 1950, for “Crown”.

51. Ins. by Act 68 of 1984, sec. 13 (w.e.f. 24-9-1984).

52. Added by Act 38 of 1923, sec. 6.

53. Subs. by the A.O. 1950, for “Provincial Government”.

54. Subs. by Act 68 of 1984, sec. 13, for “after the publication of the notification” (w.e.f. 24-9-1984).

55. The word “and” omitted by Act 68 of 1984, sec. 14 (w.e.f. 24-9-1984).

56. Ins. by Act 68 of 1984, sec. 14 (w.e.f. 24-9-1984).

57. Subs. by Act 38 of 1923, sec. 7, for “declaration relating thereto under section 6”.

58. Ins. by Act 68 of 1984, sec. 15 (w.e.f. 24-9-1984). See section 30 (1) of Act 68 of 1984, regarding its application to proceedings pending on or after 30-4-1982.

59. Subs. by Act 68 of 1984, sec. 15, for “fifteen per centum” (w.e.f. 24-9-1984). See section 30 (2) of Act 68 of 1984, regarding its application to certain awards made and order passed after 30-4-1982.

60. The word “or” omitted by Act 68 of 1984, sec. 16 (w.e.f. 24-9-1984).

61. Subs. by Act 38 of 1923, sec. 8, for “declaration under section 6.”.

62. Ins. by Act 68 of 1984, sec. 16 (w.e.f. 24-9-1984).

63. Subs. by Act 68 of 1984, sec. 17, for section 25 (w.e.f. 24-9-1984).

64. Section 26 renumbered as sub-section (1) of that section by Act 19 of 1921, sec. 2.

65. Added by Act 19 of 1921, sec. 2.

66. See Act 68 of 1984, section 30 (2), regarding its application to certain awards made and orders passed after 30-4-1982.

67. Subs. by Act 68 of 1984, sec. 18, for “six per centum” (w.e.f. 24-9-1984).

68. Ins. by Act 68 of 1984, sec. 18 (w.e.f. 24-9-1984).

69. Ins. by Act 68 of 1984, sec. 19 (w.e.f. 24-9-1984).

70. Subs. by the A.O. 1950, for “Provincial Government”.

71. See Act 68 of 1984, section 30(3), regarding its application to certain cases of possession of acquired land before, on or after 30-4-1982.

72. Subs. by Act 68 of 1984, sec. 20, for “six per centum” (w.e.f. 24-9-1984).

73. Ins. by Act 68 of 1984, sec. 20 (w.e.f. 24-9-1984).

74. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.

75. Subs. by the A.O. 1950, for “Provincial Government”.

76. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.

77. Subs. by the A.O. 1950, for “Provincial Government”.

78. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.

79. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.

80. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.

81. Ins. by Act 16 of 1933, sec. 6.

82. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.

83. Subs. by the A.O. 1950, for “Provincial Government”.

84. Subs. by Act 68 of 1984, sec. 23, for “section 6 to 37 (both inclusive)” (w.e.f. 24-9-1984).

85. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.

86. Subs. by the A.O. 1950, for “Provincial Government”.

87. Ins. by Act 38 of 1923, sec. 9.

88. Subs. by Act 16 of 1933, sec. 3, for clause (a).

89. Ins. by Act 31 of 1962, sec. 3 (w.e.f. 12-9-1962).

90. Subs. by Act 16 of 1933, sec. 3, for clause (b).

91. Subs. by the A.O. 1950, for “Provincial Government”.

92. Subs. by Act 68 of 1984, sec. 24, for “Code of Criminal Procedure, 1882 (14 of 1882)” (w.e.f. 24-9-1984).

93. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.

94. Certain words omitted by Act 38 of 1923, sec. 10.

95. Subs. by the A.O. 1950, for “Provincial Government”.

96. Ins. by Act 38 of 1923, sec. 10.

97. Subs. by Act 31 of 1962, sec. 4, for certain words (w.e.f. 12-9-1962).

98. Certain words omitted by Act 32 of 1920, sec. 2 and Sch. I, Pt. I.

99. Subs. by the A.O. 1937, for “with the Secretary of State for India in Council”.

100. Subs. by the A.O. 1937, for “payment to Government”.

101. Subs. by Act 16 of 1933, sec. 4, for clause (4).

102. The word “and” omitted by Act 31 of 1962, sec. 4 (w.e.f. 12-9-1962).

103. Ins. by Act 31 of 1962, sec. 4 (w.e.f. 12-9-1962).

104. Subs. by Act 16 of 1933, sec. 4, for clause (5).

105. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.

106. The words “in the Gazette of India, and also” omitted by A.O. 1937.

107. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.

108. Rep. by this Act.

109. Subs. by the A.O. 1937, for certain words.

110. Subs. by the A.O. 1948, for “or any Government in British India ”.

111. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.

112. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.

113. Ins. by Act 31 of 1962, sec. 5 (w.e.f. 12-9-1962).

114. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.

115. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.

116. Subs. by Act 68 of 1984, sec. 25, for “regis­tered under Part III of the Indian Post Office Act, 1866” (14 of 1867) (w.e.f. 24-9-1984).

117. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.

118. Subs. by Act 68 of 1984, sec. 26 for “fifty rupees” (w.e.f. 24-9-1984).

119. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.

120. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.

121. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.

122. Subs. by the A.O. 1950, for “Provincial Government”.

123. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.

124. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.

125. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.

126. Ins. by Act 68 of 1984, sec. 27 (w.e.f. 24-9-1984).

127. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.

128. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.

129. Subs. by Act 68 of 1984, sec. 28, for “Code of Civil Procedure, 1882 (14 of 1882)”.

130. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.

131. Subs. by Act 19 of 1921, sec. 3, for section 54.

132. Subs. by the A.O. 1950, for “His Majorty in Council”.

133. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.

134. Subs. by the A.O. 1950, for “Provincial Government”.

135. The words “subject to the control of Governor General in Council ” inserted by Act 4 of 1914, sec. 2 and Sch., Pt. I, and omitted by Act 38 of 1920, sec. 2 and Sch. I, Pt. I.

136. Added by Act 31 of 1962, sec. 6 (w.e.f. 12-9-1962). Previously proviso was added by Act 38 of 1920, sec. 2 and Sch. I, Pt. I and omitted by the A.O. 1937.

137. Subs. by Act 68 of 1984, sec. 29, for certain words (w.e.f. 24-9-1984).

138. Ins. by Act 68 of 1984, sec. 29 (w.e.f. 24-9-1984).

139. The words “when sanctioned by the Governor General in Council” omitted by Act 4 of 1914, sec. 2 and Sch. I, Pt. I.