Registered No, D-28
The Gazette of India
EXTRAORDINARY
PUBLISHED BY AUTHORITY
NEW DELHI, MONDAY, AUGUST 2, 1948
GOVERNMENT OF INDIA
MINISTRY OF LAW
New Delhi, the 2nd August 1948
ORDINANCE No. XX OF 1948
AN
ORDINANCE
to provide for the speedy acquisition of land for the resettlement of
displaced -persons.
"WHEREAS AN emergency has arisen which makes it necessary to provide for ;he speedy acquisition of land for the resettlement of displaced persons and tor matters incidental thereto;
Now, THEREFORE, in exercise of the powers conferred by section 42 of the Gov- e r n m e nt of India Act, 1935 (26 Geo. 5, e. 2), the Governor General is pleased to make and promulgate the following Ordinance:—
1. Short title, extent and commencement.—(1) This Ordinance; may be called the Resettlement of Dipplaced Persons (Land Acquisition) Ordinance, 1948.
(2) It extends to the Chief Commissioners' Provinces of Delhi and Ajmer- Merwara.
(3) It shall come into force at once. 2. Definitions.—In this Ordinance—
(a) "competent authority" means the Collector and includes any other person appointed by the Provincial Government, by notification in the official Gazette, to perform all or any of the functions of a competent authority under this Ordinance;
(b) "displaced person" means any person who, on account of the setting up of the Dominions of India and Pakistan, or on account of civil distur- bances or fear of such disturbances in any area now forming part of Pakistan, has been displaced from or has left his place of residence in such area after the 1st day of March, 1947, and who has subsequently been residing in India; and
(c) "land" includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth.
( 1203 )
1204 THE GAZETTE UF INDIA EXTKAOltDINA-BY, AUGUST 2, 19483. Notice of acquisition of laud.—(i) Whenever ib appears to the Provincial Government that it is necessary or uxpcdient to acquire speedily any lund for the resettlement of displaced persons, a notification to that effect shall be published in the official Gazette stating fcho urea and the boundaries of the land proposed to be uequired and the date on which such, acquisition will be made, and the com- petent authority shall cause public notice of the substance of euoh notification to be given at convenient places on or near the land to be acquired.
(2) Nothing in. sub-section (I) shall empower the Provincial Government to acquire any land which is being used for the purpose of a school, orphanage or hospital oiy is being used exclusively for the purpose of religious worship.
4. Service on owner or occupier affected by notice of acquisition As soon as may be after the publication of the notification under section 8, the competent authority shall cause to be served by registered post on the owner of the land and also on the occupier in cases where the owner is not in occupation of. the land or, where the person to ha sorved is not readily traceable or the ownership of the land is in dispute, shall publish iu ths official Gazette, a uotice stating the particulars specified in sub-section (1) of section 3.
5. Vesting and taking pofloesaton of land.—{1) Whon a notice of acquisition is served or is published, under section 4, tho land shall vest absolutely iu the Pro- vincial Government free i'roni all encumbrances on the dak; the notioe is so served or published in the official Gazette.
(2) The competent authority may, at any time after the land has beoomo so vested, proceed to take possession thercoi:
Provided that such authority s"}mlJ 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 50 to do, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable pro- perty from such building- without unnecessary inconvenience.
8. Objections to acquisition.—^) Any person interested in any land which has become routed 111 the Provinuinl Government under suction 5 may within one month from the vesting thereof, file his objection, if any, to the acquisition be- fore the competent authority and such authority may, after making suoh enquiry as it thinks ht,, either dismiss the objection or release the land in respect of which objection has been filed from acquisition.
(2) It any land is released from acquisition under sub-section (1) it shall be deemed to revest 111 the person originally entitled thereto.
7. Metliod of s t e m m i ng compensation.-^) Where any land ha* been acquir- ed undei- this Ordinance there shall bo paid compensation, the amount of which
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(b) where no such agreement can be leached, the Provincial Government
I fflgKwV* a r b l t r a t Or a P e r s°n qUfllified f or appointment as a Judge of
what m their respective opinions i8 a fair amount of compensation;
THE GAZETTE OF INDIA EXTRAORDINABY, AUGUST 2, 1048 1205(e) the arbitrator, in making his award, shall have due regard to the provisions of sub-seotioa {1) of section 23 of the Land Acquisition Act, 1804 (I of 1894).
(£) The arbitrator shall, in awarding any compensation under this section, apportion the amount thereof between such persons, if any, as may appear to him to be entitled thereto.
(3) An appeal shall lie to the High Court from the award of the arbitrator appointed under this Ordinance, and the deqinion of the "Sigh Court shall bo final. >
(4) Save as provided in this section nothing in any law for the time being in force shall apply to arbitrations under thin section.
8. Payment of compensation.-—The compensation awarded shall be paid by the competent authority to the person entitled thereto according to the award:
Provided 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 Ordinance, to pay the same to the person lawfully entitled thereto.
9, Power to secure information.—The Provincial Government or the com- petent authority may, with ti view to determining the compensation payable under this Ordinance, by order, require any person to furnish to such autho- rity HH may bo specified in the order such information hi his possession rela- ting to the. land thai may be so specified.
,+ " 10. Disposal of land.—Subject to such rules as may be made by the Pro- vincial Government, the competent authority may use or deal with any land acquired under the provisions of this Ordinance in such manner and sub- ject to such conditions aa may appuar to it to be expedient for the purpose of resettling displaced persons:
Provided that no displaced person to whom any land has been allotted under the provisions of this section shall transfer such land to any other person except with the previous consent of the competent authority.
11. Penal ties.—Whoever wilfully obstruota any person in lawfully taking possession of any laud under this Ordinance or refuses to furnish any informa- tion as required by section 9 shall be punishable with imprisonment whioh may extend to one month or with fine which may extend to fifty rupees or • -with both.
12. Exemption from stamp duty and feea.—-No award or agreement under this Ordinance shall be chargeable with stamp duty, and no person olaiming under any such award or agreement shall be liable to pay any fee for a copy of the same.
13. Protection lor action done in. good faith No suit, prosecution or other legal proceeding shall lie against any person for anything which ia in good faith done or intended to be done in pursuance of this Ordinance or any order made thereunder.
14. Power to make rule"—(p The Provincial Government may make rules to carry out the objects of this Ordinance and for the guidanoe of offloers in all matters connected with its enforcement.
12(Xi T HE GAZETTE OF INDIA EXTBA.OE.D1NA.RY. AUGUST 2, KMy{£) In particular, and without prejudice to the generality of the fore- going power, bucii rules inuy presoribe^—
(a) the manner in which land acquired under this Ordinance may be used or doalt with;
(h) the procedure to be followed in arbitrations under this Ordinance;
(o) the principles to be followed in apportioning the coota of pro- ceedings before the arbitrator and on appeal.
0. RAJAG0PALA.OHA.BI,
Governor General.
K. V. K. STXNDABAM,