[THE] REQUISITIONING AND
ACQUISITION OF IMMOVABLE PROPERTY ACT, 1952
(ACT 30 OF 1952)
[14th march,
1952]
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Competent
authority and arbitrator to have certain powers of civil courts |
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Special provision
as to certain requisitions under Act 51 of 1962 |
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Special provision
as to certain requisitions under Act 42 of 1971 |
An Act to provide for the requisitioning and acquisition of immovable property for the purposes of the Union.
BE it enacted by parliament
as follows: -
[a] For Statement of Objects
and Reasons, see Gazette of India, 1952, Pt.II, section 2,p.55.
This Act has been applied to
the Union territory of Pondicherry – See the Requisitioning and Acquisition of
Immovable Property (Application to the State of Pondicherry) Order, 1960, Gaz
of Ind., 1961,Pt.II, Section 3(I), Page 6.
It has been extended to the
Union territory of Goa, Daman and Diu by G.S.R. 388, dated 15-3-1967, published
under section 6 of Act 1 of 1962, in Gaz. of Ind., 25-3-1967, Pt.II, Section 3
(I), page 471.
It has been applied to the
Union Territory of Dadra and Nagar Haveli by Regn.6 of 1963 (1-7-1965).
The Act has been extended to Sikkim – See S.O., 208 (E)/1975 – Gaz. of Ind., 16-5-1975,Pt.II, section 3(ii),Ext., p.1213
1.
Short title, extent and duration - (1) This Act may be called the Requisitioning and
Acquisition of Immovable Property Act, 1952.
(2) It extends to the whole of India except the State of Jammu and
Kashmir.
(3) * * * * * *]
[a] Sub-section (3), which
was earlier substituted by Act 48 of 1963 ha been omitted by the Requisitioning
and Acquisition of Immovable Property (Amendment) Act,1970 (1 to 1970), section
2(11-3-1970.
Note
– The Act
was extended up to 14-5-1970 in Kerala by Kerala Act 6 of 1968,section 2.
2.
Definitions.- In this Act, unless the context otherwise requires,-
(a)
“award”
means any award of an arbitrator made under section 8;
(b)
“competent
authority” means any person or authorised by the Central Government, by
notification in the Official Gazette, to perform the functions of the competent
authority under this Act for such area as may be specified in the notification.
(c)
“landlord”
means any person who for the time being is receiving or is entitled to receive,
the rent of any premises, whether on his own account, or on account or on
behalf of for the benefit, of any other person or as a trustee, guardian or
receiver for any other person, or who would so receive the rent or be entitled
to receive the rent if the premises were let to a tenant ;
(d)
the
expression “person interested”, in relation to any property, includes all
persons claiming, or entitled to claim, an interest in the compensation payable
on account of the requisitioning or acquisition of that property under this
Act;
(e)
“premises”
means any building or part of a building and includes –
the
garden, grounds and outhouses, if any, appertaining to such building or part of
a building;
(i)
any
fittings affixed to such building of part of a building for the more beneficial
enjoyment thereof;
(f)
“prescribed”
means prescribed by rules made under this Act ;
(g)
“property”
means immovable property of every king and includes any rights in or over such
property :
(h)
“tenant”
means any person by whom or on whose account rent is payable for any premises
and includes such sub-tenants and other persons as have derived title under the
tenant under any law for the time being in force.
3.
Power to requisition immovable property.- (1) Where the competent
authority is of opinion that any property is needed or likely to be needed for
any public purpose, being a purpose of the Union, and that the property should
be requisitioned, the competent authority –
(a)
shall
call upon the owner or any other person who may be in possession of the
property by notice in writing (specifying therein the purpose of the
requisition) to show cause, within fifteen days of the date of the service of
such notice on him, why the property should not be requisitioned ; and
(b)
may,
by order, direct that neither the owner of the property nor any other person
shall, without permission of the competent authority, dispose of, or
structurally alter, the property or let it out to a tenant until the expiry of
such period, not exceeding two months, as may be specified in the order.
(2) If, after considering
the cause, if any, shown by any person interested in the property or in
possession thereof, the competent authority is satisfied that it is necessary
or expedient so to do, it may, by order in writing, requisition the property
and may make such further orders as appear to it to be necessary or expedient
in connection with the requisitioning:
Provided that no property or
part thereof –
(a)
which
is bonafide used by the owner thereof as the residence of himself or his
family, or
(b)
which
is exclusively used either for religious worship by the public or as a school,
hospital, public library or an orphanage or for the purpose of accommodation of
person connected with the management of such place of worship or such school,
hospital, library, or orphanage, shall be requisitioned :
Provided further that where
the requisitioned property consists of premises which are being used as a
residence by a tenant for not less than two months immediately preceding the
date of the service of notice under sub-section (1), the competent authority
shall provide such tenant with alternative accommodation which, in its opinion,
is suitable.
4. Power to take possession of requisitioned property.-
(1) Where any property has been requisitioned under section 3, the competent
authority may, by notice in writing order the owner as well as any other person
who may be in possession of the property to surrender or deliver possession
thereof to the competent authority or any person duly authorised by it in this
behalf within thirty days of the
service of the notice.
5. Rights over requisitioned property - (1) All property
requisitioned under section 3, shall be used for such purposes as may be
mentioned in the notice of requisition.
(2) Where any premises are requisitioned
under section 3, the competent authority may order the landlord to execute such
repairs as may be necessary and are usually made by landlords in that locality
and as may be specified in the notice, within such reasonable time as may be
mentioned therein, and if the landlord fails to execute any repairs in
pursuance of such order, the competent authority may cause the repairs
specified in the order to be executed at the expense of the landlord and the
cost thereof may, without prejudice to any other mode of recovery, be deducted
from the compensation payable to the landlord.
6. Release from requisitioning - (1) The Central
Government may at any time release from requisition any property requisitioned
under this Act and shall, as far as possible, restore the property in as good a
condition as it was when possession thereof was taken subject only to the
changes caused by reasonable wear and tear and irresistible force:
Provided that where the
purposes for which any requisitioned property was being used cease to exits,
the Central Government shall, unless the property is acquired under section 7,
release that property, as soon as may be, from requisition.
“(I-A) Notwithstanding
anything contained in sub-section (1), the Central Government shall release
from requisition.-
(a)
any
property requisitioned or deemed to be requisitioned under this Act before the
commencement of Requisitioning and Acquisition of Immovable Property
(Amendment) Act,1970, on or before the expiry of a period of [Five years] from
such commencement ;
(b)
any
property requisitioned under this Act after such commencement, on or before the
expiry of a period of [Five years] from the date on which possession of such
property was surrendered or delivered to, or taken by, the competent authority
under section 4,
unless such
property is acquired under section 7
within the period of [five years] aforesaid.
(2) Where any property is to be released from requisition, [under
sub-section (1) or under sub-section (I-A) the competent authority may, after
such inquiry, if any, as it may in any case consider necessary to make or cause
to be made, specify by order in writing the person to whom possession of the
property shall be given and such possession shall, as far as practicable, be
given to the person from whom possession was taken at the time of the
requisition or to the successors-in-interest of such person.
(3) The delivery of possession of the property to the person
specified in an order under sub-section (2) shall be a full discharge of the
Central Government from all liability in respect of the property, but shall not
prejudice any rights in respect of the property which any other person may be
entitled by due process of law to enforce against the person to whom possession
of the property is given.
(4) Where any person to whom possession of any requisitioned
property is go be given is not found and has no agent or other person empowered
to accept delivery on his behalf, the competent authority shall cause a notice declaring
that the property is released from requisition to be affixed on some
conspicuous part of the property and shall also publish the notice in the
Official Gazette.
(5) When a notice referred to in sub-section (4) is published in
the Official Gazette, the property specified in such notice shall cease to be
subject to requisition on and from the date of such publication and shall be
deemed to have been delivered to the person entitled to possession thereof and
the Central Government shall not be liable for any compensation or other claim
in respect of the property for any period after the said date.
(6) Where any property requisitioned under this Act or any
material part thereof is wholly destroyed or rendered substantially and
permanently unfit for the purpose for which it was requisitioned by reason of
fire, earthquake, tempest, flood or violence of any army or of a mob or other
irresistible force, the requisition shall, at the option of the Central
Government, be void :
Provided that the benefit of
this sub section shall not be available to the Central Government where the
injury to such property is caused by any wrongful act or default of that
Government.
7. Power to acquire requisitioned property - (1) Where
any property is subject to requisition, the Central Government may, if it is of
opinion that it is necessary to acquire the property for a public purpose, at
any time acquire such property by publishing in the Official Gazette a notice
to the effect that the Central Government has decided to acquire the property
in pursuance of this section :
Provided that before issuing
such notice, the Central Government shall call upon the owner of, or any other
person who, in the opinion of the Central Government, may be interested in,
such property to show cause why the property should not be acquired; and after
considering the cause, if any, shown by any person interested in the property
and after giving the parties an opportunity of being heard, the Central
Government may pass such orders as it deems fit.
(2) When a notice as aforesaid is published in the Official
Gazette, the requisitioned property shall, on and from the beginning of the day
on which the notice is so published, vest absolutely in the Central Government
free from all encumbrances and the period of requisition of such property shall
end.
(3) No property shall be acquired under this section except in the
following circumstances, namely :-
(a)
Where
any works have, during the period of requisition, been constructed on, in or
over, the property wholly or partially at the expense of the Central Government
and the Government decides that the value of, or the right to use, such works
should be secured or preserved for the purposes of Government; or
(b)
where
the cost of restoring the property to
its condition at the time of its requisition would, in the determination of the
Central Government, be excessive and the owner declines to accept release from
requisition of the property without payment of compensation for so restoring
the property.
(4) Any decision or determination of the Central Government under
sub-section (3) shall be final and shall not be called in question in any
Court.
(5) For the purposes of clause (a) of sub-section (3) “works”
includes buildings, structures and improvements of every description.
8. Principles and method of determining compensation -(1)
Where any property is requisitioned or acquired under this Act, there shall be
paid compensation the amount of which shall be determined in the manner and in
accordance with the principles hereinafter set out, that is to say,-
(a)
where
the amount of compensation can be fixed by agreement, it shall be paid in
accordance with such agreement ;
(b)
where
no agreement can be reached, the Central Government shall appoint as arbitrator
a person who is, or has been, or is
qualified for appointment as, a judge of a High Court;
(c)
the
Central Government may, in any particular case, nominate a person having expert
knowledge as to the nature of the property requisitioned or acquired to assist
the arbitrator and where such nomination is made, the person to be compensated
may also nominate an assessor for the same purpose;
(d)
at
the commencement of the proceedings before the arbitrator, the Central
Government and the person to be compensated shall state what in their
respective opinion is a fair amount of compensation.
(e)
the
arbitrator shall, after hearing the dispute, make an award determining the
amount of compensation which appears to him to be just and specifying the
person or persons to whom such compensation shall be paid; and in making the
award, he shall have regard to the circumstances of each case and the
provisions of sub-sections (2) and (3), so far as they are applicable;
(f)
when
there is any dispute as to the person or persons who are entitled to the compensation the arbitrator shall decide such dispute and
if the arbitrator finds that more persons than one are, entitled to
compensation, he shall apportion the amount thereof amongst such persons;
(g)
nothing
in the Arbitration Act,1940 shall apply to arbitration under this section.
(2) The amount of compensation payable for the requisitioning, of
any property shall, consist of subject to the provisions of sub-sections (2A)
and (2B), consist of -]
(a)
a
recurring payment, in respect of the period of requisition, of a sum equal to
the rent which would have been payable for the use and occupation of the
property, if it had been taken on lease for that period; and
(b)
such
sum or sums, if any, as may be found necessary to compensate the person
interested for all or any of the following matters, namely :-
(i) pecuniary loss due to requisitioning ;
(ii) expenses on
account of vacating the requisitioned premises;
(ii)
expenses
on account of reoccupying the premises upon release from requisition; and
(iii)
damages
(other than normal wear and tear) caused to the property during the period of
requisition, including the expenses that may have to be incurred for restoring
the property to the condition in which it was at the time of requisition.
(2A) The recurring payment,
referred to in clause (a) of sub-section (2), in respect of any property shall,
unless the property is sooner released from requisition under section 6 or
acquired under section 7, be revised in accordance with the provision of
sub-section (2B)-
(a)
in
a case where such property has been subject to requisition under this Act for
the period of five years or a longer period immediately preceding the
commencement of the Requisitioning and Acquisition of Immovable property
(Amendment) Act,1975-
(i) first with effect from the date of such
commencement, and
(ii)
secondly with effect from the expiry of five years, thirdly with effect from
the expiry of ten years, from such commencement;]
(b)
in
a case where such property has been subject to requisition under this Act
immediately before such commencement for a period shorter than five years and
the maximum period within which such property shall, in accordance with the
provision of sub-section (1A) of section 6, be released from requisition or
acquired, extends beyond five years from such commencement,-
(i)
first with effect from the date of
expiry of five years from the date on which possession of such property has
been surrendered or delivered to, or taken by, the competent authority under
section 4, and
(ii)
secondly with effect from the date
of expiry of five years, and thirdly with effect from the date of expiry of ten
years, from the date on which the revision made under sub-clause (I) takes
effect;]
(c)
in
any other case,-
(i)
first with effect from the date of
expiry of five years from the date on which possession of such property has
been surrendered or delivered to, or taken by, the competent authority under
section 4, and
(ii)
secondly with effect from the date
of expiry of five years, and thirdly with effect from the date of expiry of ten
years, from the date on which the revision under sub-c1. (I) takes effect.]
(2B) The recurring payment in respect of any property shall be revised
by re-determining such payment in the manner and in accordance with the
principles set out in sub-section (1) read with clause (a) of sub-section (2),
as if such property had been requisitioned under this Act on the date with
effect from which the revision has no be made under sub-section (2A).]
(3) The compensation payable for the acquisition of any property
under section 7 shall be the price which the requisitioned property would have
fetched in open market, if it had remained in the same condition as it was at
the time or requisitioning and been sold on the date of acquisition.]
9. Payment of compensation- The amount of compensation
payable under an award shall, subject to rules made under this Act, be paid by
the competent authority to the person or persons entitled thereto in such manner
and within such time as may be specified in the award.
10. Appeals from orders of requisitioning- (1) Any person aggrieved
by an order of requisition made by the competent authority under sub-section
(2) of section 3 may, within twenty-one days from the date of service of the
order, prefer an appeal to the Central Government :
Provided that the Central
Government may entertain the appeal after the expiry of the said period of
twenty-one days, if it is satisfied that the appellant was prevented by sufficient
cause from filing the appeal in time.
(2) On receipt of an appeal under sub-section (1), the Central
Government may, after calling for a report from the competent authority and
giving an opportunity to the parties of being heard and after making such
further inquiry, if any, as may be necessary, pass such orders as it thinks fit
and the order of the Central Government shall be final.
(3) Where an appeal is preferred under sub-section (1), the
Central Government may stay the enforcement of the order of the competent
authority for such period and on such condition as it thinks fit.
11. Appeals from awards in respect of compensation - Any
person aggrieved by an award of the arbitrator made under section 8 may, within
thirty days from the date of such award, prefer an appeal to the High Court
within whose jurisdiction the requisitioned or acquired property is situate:
Provided that the High Court
may entertain the appeal after the expiry of the said period of thirty days, if
it is satisfied that the appellant was prevented by sufficient cause from
filing the appeal in time.
12. Competent authority and arbitrator to have certain powers of
civil courts- The competent authority and the arbitrator appointed under section
8, while holding an inquiry or, as the case may be arbitration proceeding under
this Act, shall have all the powers of a civil court, while trying a suit,
under the Code of Civil Procedure, 1908 in respect of the following matters,
namely :-
(a)
summoning
and enforcing the attendance of person
and examining him on oath;
(b)
requiring
the discovery and production of any document;
(c)
reception
of evidence of affidavits;
(d)
requisitioning
any public record from any court or office;
(e)
issuing
commissions for examination of witnesses.
13. Power to obtain information - The Central Government or the competent
authority may, with a view to carrying out the purposes of section 3 or section
6, or section 7, or section 8, by order require any person to furnish to such
officer, as may be specified in the order, such information in his possession
as may be specified relating to any property which is requisitioned or
acquired, or intended to be requisitioned or acquired, under this Act.
14. Power to enter and inspect - The competent authority or
any officer, empowered in this behalf by such authority by general or special
order, may enter and inspect any property for the purposes of determining
whether, and if so, in what manner, an order this Act should be made in
relation to such property or with a view to securing compliance with an order
made under this Act.
15. Service of notice and orders - (1) Subject to the
provisions of this section and any rules that may be made under this Act, every
notice or order issued or made under this Act shall,-
(a)
in
the case of any notice or order of a general nature or affecting a class of
persons, be published in the Official Gazette; and
(b)
in
the case of any notice or order affecting an individual, corporation or firm be
served in the manner provided for the service of summons in Rule 2 of Order
XXIX or Rule 3 of Order XXX, as the case may be, in the First Schedule of the
Code of Civil Procedure, 1908; and
(c)
in
the case of any order affecting an individual person (not being a corporation
or firm), be served on such person-
(i)
by
delivering or tendering it to that person; or
(ii) if it cannot
be so delivered or tendered, by delivering or tendering it to any officer or
such person or any adult male member of the family or such person, or by
affixing a copy thereof on the outer door or on some conspicuous part of the
premises in which that person is known to have last resided or carried on
business or personally worked for gain; or failing service by these means,
(iii) by post.
(2) Where the ownership of the property is in dispute or where the
persons interested in the property are not readily traceable and the notice or
order cannot be served without undue delay, the notice or order may be served
by publishing it in the Official Gazette, and where possible, by affixing a
copy thereof on any conspicuous part of the property to which it relates.
16. Easement not to be disturbed.- No person interested in
any property requisitioned or acquired under this Act shall, without the
previous written consent of the competent authority or except for the purpose
of effecting repairs or complying with a municipal requirement, willfully
disturb any convenience or easement attached to such property or remove,
destroy or render unserviceable any thing provided for permanent use therewith
or discontinue or cause to be discontinued any supply or service provided for
the property.
17. Delegation of powers.- (1) The Central Government may,
by notification in the Official Gazette, direct that the powers exercisable by
it under this Act shall, in such circumstances and under such conditions, if
any, as may be specified in the notification, be exercisable also by an officer
subordinate to that Government or [by the State Government or by an officer
subordinate to the State Government.]
(2) All notifications issued
under sub-section (1) shall be laid, as soon as may be, before Parliament.
18. Protection of action taken in good faith.- (1) No suit,
prosecution or other legal proceeding shall lie against any person for anything
which is in good faith done or intended to be done in pursuance of this Act or
any order made thereunder.
(2) No suit or other legal
proceeding shall lie against the Central Government or the competent authority
for any damage caused or likely to be caused by anything which is in good faith
done or intended to be done in pursuance of this Act or any order made
thereunder.
19. Bar of jurisdiction of civil courts.- Save as otherwise
expressly provided in this Act, no civil court shall have jurisdiction in
respect of any matter which the competent authority or arbitrator is empowered
by or under this Act to determine, and no injunction shall be granted by any
court or other authority in respect of any action taken or to be taken in
pursuance of any power conferred by or under this Act.
20. Penalty for offences - Whoever contravenes any provision
of this Act, or any rule made thereunder, or any order made or direction given
under this Act, or obstructs the lawful exercise of any power conferred by or
under this Act, shall be punishable with fine which may extend to one thousand
rupees.
21. Certain persons to be public servants.- The competent
authority, every arbitrator and every officer empowered by the Central
Government or the competent authority, while exercising any power or performing
any duty under this Act, shall be deemed to be a public servant within the
meaning of section 21 of the Indian Penal Code.(Act XLV of 1860)
22. Power to make rules.- (1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the purposes
of this Act.
(2) In particular, and
without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely :-
(a)
the
procedure to be followed by the competent authority in making inquires under
section 3 or section 6;
(b)
the
procedure to be followed in arbitration proceedings and appeals under this Act;
(c)
the
principles to be followed in determining the amount of compensation and method
of payment of such compensation;
(d)
the
principles to be followed in apportioning the cost or proceedings before the
arbitrator and on appeal under this Act;
(e)
the
manner of service of notices and orders;
(f)
any
other matter which has to be, or may be, prescribed.
(3) Every rule made under this Act 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 in
two or more successive session, and, if before the expiry of the session
immediately following the session or the successive session 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 from 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.]
23. Validation of certain requisitions and acquisitions - (1) All immovable property
which purports to have been requisitioned by a State Government for any public
purpose, being a purpose of the Union, under any Provincial or State Act which,
immediately before the 25th day of January,1952, was used or
occupied by the Central Government or by an officer or authority subordinate to
that Government shall, as from that date, be deemed to be property duly
requisitioned under section 3 of this Act, and every such requisition shall,
notwithstanding any judgment, decree or order of any Court, be deemed always to
have been valid as if this Act had been in force on and from the date of the
requisition and the requisition had been duly made by a competent authority
under this Act, and all the provisions of this Act shall apply accordingly :
Provided that all agreements
and awards for the payment of compensation in respect of any such property for
any period of requisition before the 25th day of January, 1952 and
in force immediately before that date shall be valid and shall be deemed always
to have been valid and shall continue to be in force and shall apply to the
payment of compensation in respect of that property for any period of
requisition after that date.
(2) Every acquisition of immovable property purporting to have been made before the commencement of this Act by a State Government for any public purpose, being a purpose of a Union, under any enactment for the time being in force in that State and which, immediately before such commencement, was used or occupied by the Central Government or by an officer or authority subordinate to that Government shall, notwithstanding any defect in, or invalidity of, the enactment or order under which the acquisition was made, be deemed for all purposes to have been validly made as if the provisions of the said enactment or order had been included and enacted in this section and this section had been in force on and from the date of the acquisition.
24. Repeals and savings.- (1) The Requisitioned land
(Continuance of Powers) Act, 1947, the Delhi Premises (Requisition and
Eviction) Act,1947 and the Requisitioning and Acquisition of Immovable Property
Ordinance, 1952 are hereby repealed.
(2) For the removal of
doubts, it is hereby declared that any property which immediately before such
repeal was subject to requisition under
the provisions of either of the said Acts or the said Ordinance shall, on the
commencement of this Act, be deemed to be property requisitioned under section
3 of this Act, and all the provisions of this Act shall apply accordingly :
Provided that –
(a)
all
agreements and awards for the payment of compensation in respect of any such
property for any period of requisition before the commencement of this Act and in
force immediately before such commencement, shall continue to be in force and
shall apply to the payment of compensation in respect of that property for any
period of requisition after such commencement;
(b)
anything
done or any action taken (including any orders, notifications or rules made or
issued) in exercise of powers conferred by or under either of the said Acts or
the said Ordinance shall, in so far as it is not inconsistent with the
provisions of this Act, be deemed to have been done or taken in the exercise of
the powers conferred by or under this Act as if this Act was in force on the
day on which such thing was done or action was taken.
25. Special provision as to certain requisitions under Act 51 of
1962- (1) Notwithstanding anything contained in this Act, any immovable
property requisitioned by the Central Government or by any officer or authority
to whom powers in this behalf have been delegated by that Government, under the
Defence of India Act, 1962, and the rules made thereunder (including any
immovable property deemed to have been requisitioned under the said Act) which
has not been released from such requisition before the 10th
January,1968, shall, as from that date, be deemed to have been requisitioned by
the competent authority under the provisions of this Act for the purpose for
which such property was held immediately before the said date and all the
provisions of this Act shall apply accordingly :
Provided that –
(a)
all
determinations, agreements and awards for the payment of compensation in
respect of any such property for any period of requisition before the said date
and in force immediately before the said date; shall continue to be in force
and shall apply to the payment of compensation in respect of that property for
any period of requisition as from the said date;
(b)
anything
done or any action taken (including any order, notifications or rules made or
issued) by the Central Government or by any officer or authority to whom powers
in this behalf have been delegated by the Government, in exercise of the powers
conferred by or under Chapter VI of the Defence of India Act,1962, shall, in so
far as it is not inconsistent with the provisions of this Act, be deemed to
have been done or taken in the exercise of the powers conferred by or under
this Act as if this section was in force on the date on which such thing was
done or action was taken.
(2) Save as otherwise provided in sub-section (1), the provisions
of the Defence of India Act,1962, and the rule made thereunder, in so far as
those provisions relate to the requisitioning of any such immovable property as
is referred to in sub-section (1), shall as from the 10th
January,1968 cease to operate except as respects things done or omitted to be
done before such cesser and section 6 of the General Clauses Act,1897, shall
apply upon such cesser of operation as if such cesser were a repeal of an
enactment by a Central Act.]
26. Special provision as to certain requisitions under Act 42 of
1971- (1)
Notwithstanding anything contained in this Act, any immovable property
requisitioned or purported to have been requisitioned by the Central Government
or by any officer or authority to whom powers in this behalf have been
delegated by that Government, under the Defence of India Act,1971, and the rules
made thereunder (including any immovable property deemed to have been
requisitioned under the said Act), which has not been released from such
requisition before the appointed day, shall,-
(i) if such property was requisitioned on
or before the 21st day of March,1977, as from the date, and
(ii)
if such property was requisitioned
at any time after such date as from the date of its requisition, be deemed to
have been requisitioned by the competent authority under the provisions of this
Act for the purpose for which such property was held immediately before the
appointed day and all the provisions of this Act shall apply accordingly :
Provided that in determining
the compensation payable under this Act in respect of any property so deemed to
have been requisitioned under this Act the sum or sums, if any, as may be found
necessary to compensate the person interested for all or any of the matters
specified in clause (b) of sub-section (2) of section 8 shall be reduced by the
sum or sums, if any, paid or payable in respect of such matter or matters as
compensation in respect of such property under the Defence of India Act,1971,
and the rules made thereunder.
(2) Save as otherwise provided in sub-section (1), the provisions of
the Defence of India Act,1971, and the rules made thereunder, in so far as
those provisions relate to the requisitioning of any such immovable property as
is referred to in sub-section (1), shall, as from the 21st March
1977, cease to operate except as respects things done or omitted to be done
before such cesser and section 6 of the General Clauses Act,1897, shall apply
upon such cesser of operation as if such cesser were a repeal of an enactment
by a Central Act.
Explanation.- In this section “appointed
day” means the 23rd September,1977.]