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REGISTERED NO. D-28

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI, MONDAY, SEPTEMBER 20, 1948

PART IV

Acts of the Dominion Legislature assented to by the Governor General

GOVERNMENT OF INDIA

MINISTRY OF LAW

New Delhi, the 20th September, 1948

The following Acts of the Dominion Legislature received the assent of the Governor General on the 20th September, 1948 and are hereby published for general information: —

Act NO. US OF 1948

'An A ct to provide for the speedy acquisition of land for the resettlement of

displaced persona

WHEREAS it is expedient to provide for the speedy acquisition of land for the resettlement of displaced persons and for matters incidental thereto;

It is hereby enacted as follows: —

1. Short title, extent and commencement.—(1) This Act may be called the Resettlement of Displaced Persons (Land Acquistion) Act, 1948.

(2) It extends to the Chief Commissioners Provinces of Delhi and Ajmer- Merwara.

2. Definitions.—In this Act—

(a) Comperent 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 Act;

(b) "displaced person" means any person who, on account of the netting up of the Dominions of India and Pakistan, or on account of civil disturbances 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" included bend fits to arise out of land, and things aft ached to the earth or permanently fastened to anything attached to the earth.

8. Notice of acquisition of land.—(1) Whenever it appears to the Provincial Government that it in necessary or expedient to acquire speedily any land for

( 279 )

tba resettlement of displaced persona, a notification to that e9eot shall be pub- lished ia the omoial Uuzetta stating the area and the boundaries of tha land proposed to be acquired and the date on which such acquisition will be made, and the compotent authority bhall cause pubho notice of the substance cf auch notification to bo given at convenient placet on or near the land to be acquired. {2) Nothing in sub-section (1) shall empower the Provmoial Government to acquire any land which is being used tor the purpose of a school, orphanage oi hospital or is being used exclusively for the purpose of religious worship.

4. Service on owner or occupier affected by notice ol acquisition*.—As soon

as may be after the publication of the notification under seotion 8, tho •jompe- tent 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 be served is not readily "traceable or the ownership of the land is in dispute, shall publish in the official Gazette, a notice stating the particulars specified in sub-seotion (1) of section 3.

5. Vesting aDd taking possession ol land.—(1) When a notice of acquisition is served or in published under section 4, the land shall vest absolutely in tho Provincial Gowrnmnnt free trom all encumbrances on the date tho notioe is an served or published in the official Gazette

(2) The competent authority may, at an> timei aftci the land has become &~j vested, proceed to take possession thereof:

Provided that such authority shall not take possession of any building or part of a building under this sub-section without giving to the ocoupier 'hereof at least forty-eight hourt,' notice of his intention so to do, or such longer notice as may bo reasonably sufficient to enable such occupier to remove his movable proporLy from such building without unnecessary inconvenience

6. Objections to acquisition.—(1) Any person interested in any land which has become vested in the Provincial Government under seotion 6 may, within one month from the vesting thereof, file his objection, if any, to the acquisition before th*_ oompetent authority and suoh authority mav, after making such enquiry as it thinks fit, either dismiss the objection or release the land in respect of which objection has been filed from acquisition.

(S3) If any land is released from acquisition under sub-section (I), It ihall be deemed to revest in the person oiigmnllv entitled thereto and an\ encumbrance, which may have been extinguish d under seotion 5, shall revive

7. Method of determining compensation.—(1) Whero any land has been acquired under this Act. there shall be paid compensation, the amount of vvhich shall be determined in the manner and in accordance with the principles hore . inatter set out, that is to say,—

(a) whrre the amount of compensation can bo fixed by agreement, it shall be paid m accordance with such agreement;

(b) where no such agreement can be reached, the Provincial Govern ment shall appoint as arbitrator a person qualified for appointment as a Judge of a High Court

(r) the Provincial Government may, in any particular case, nomi- nate a person having expert knowledge as to the nature and condition of the land aoquired to assist the arbitrator and where such nomination is made, the person to be Compensated may also nominate an assessor for the said purpose;

(J) at the commencement of the proceedings before the arbitrator, the Provincial Government and the person to be compensated shall state what in their respective opinions ia a fair amount of compensation;

(e) the arbitrator, in making his award, shall have due regard to the previsions ot nub-section (2) of section 23 of the Land Acquisition Act, 1894 (1 of 1894):

Provided that the market value referred to in clause first of sub-section (1) of sec lion 23 of the said Act shall bo deemed to bo the market value of such land on the date of publication of thp notice under section 3, or on the first day of September, 1939, with an addition of 40 per cent, whichever is less:

Provided further that whero such huid has been held by the owner thereof under a purchase made before the lir^t day of April, 1948, but after the first day of September, 1939, by a registered document, or a decree for pre-emption , between the aforesaid dates, tho compensation shall be t/he price actually paid by the purchaser or the amount on payment of which he may have acquired the land in the decree for pre-emption, as the ease may be.

(#) The arbitrator shall, in awarding any compensation under this section, apportion the amount thereof between such perhons, 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 Act,, and the decision of the High Court shall be tinal.

(4) Save as provided in this section, nothing in any law for the time being in force shall opply to arbitrations under this section,

8. Payment of compensation.—The compensation awarded shall be paid by the competent authority to tho person entitled thereto aocording 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 Act to pay tho same to the person lawfully entitled thereto.

9. Power Lo secure Information.—The Provincial Government or the com- petent authority may, with a view to determining the compensation payable under this Act, by order, require, any person to furnish to such authority as may be specified in the order such information in his posbession relating to the land that may be so specified.

10. Disposal of land.—Subject to such rules as may be made by the Provin- ce] Government, the competent authority may use or deal With auy laud ac

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 ot the competent authority,

11. Penalties.- -Whoever wilfully obstructs any person in lawfully taking possession of any land under this Act or refuses to furnish any information as required by section 9 shall be punishable with imprisonment which may extend to one month or with flue which may extend to fifty rupees or with both.

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

13. Protection for action done in good faith.~No suit, prosecution or other legal proceeding shall he against any person for anything which is in good faith done or intended 1o be done m pursuance nf thin \c{ cr an\ ordfir miido fhore- uuflftr,

14. Power lo make ruloa.—(2) The Provincial Government may make rules Ui carry out the objects of this Act and for the guidance of officers in all matters connected with its enforcement.

{8) In particular, and without prejudice to the generality of the foregoing power, such rules may prescribe-—

(a) the manner in which land acquired under this Act may be usfld or dealt with,

(b) the procedmo to be followed in ;u-bitrations under this Ac^;

(o) the principles to be followed in apportioning the corts of proceedings before the arbitrator and on appeal

15. Repeal of Ordinance XX of 1948.^(1) The Resettlement of Displaced Persons (Land Acquisition) Ordinance, 1948 (XX of 1948) is hereby repealed

(£!) Notwithstanding such repeal, anything done or any action taken in exercise of any power conferred by or under the said Ordinance shall be deemed to have been done or taken in exercise of the powers conferred by or under thin Act, as if this Act had oommenced on the 2nd day of August, 1048.

ACT NO. LXI OF 1948

Af' Act ta provide fur the development under Central oonfrol of the raw silk

*4untry and for that purpose to establish a Central Silk Board

WHEISEAS it is expedient to provide for the development under Central control of the raw silk industry and for that purpose to establish a Central Silk Board;

It is horeby enacted as follows: —

1. Snort title and extent.—(1) This Act may be called the Central £ijk Board Act, 1948.

(2) It extends to all the Provinces of India, and also to any Acceding State for which the Dominion Legislature has for the time being power to mak*¹ Iftws as respeots the development of the raw silk industry.

2. Declaration as to expediency oi Central Government's control.—"It is hereby declared that it is expedient in the public interest that the Central Gov- ernment should take under its control the development of the raw silk industry.

3. Definitions.—In this Act, unless there ia anything repugnant in th" subject or oontext,—

(a) "Board" means tho Central Silk Board constituted under this Act; (b) "oharkha raw silk" means raw silk reeled from silk worm cocoons with the help of any instrument not worked by power;

(o) "filature raw silk" means raw silk reeled from Killc worm cocoons with the help of any instrument worked by power;

(dT) "power" means any form of energy which is mechanically trans- mitted and is not generated by human or animal agency, and includes electrical energy;

(e) "prescribed" means prescribed by rules made under this Act;

(/) "spun silk" means silk yarn spun from pierced or spoilt oocoonjt, Muff from cocoons, pieces of silk, noils, or other silk waste;

(g) "Standing Committee" means the Standing Committee of tht Bnarri oonptituted undnr sub section (3) of section 6.

4. Constitution ol tiie Board.—(I) As soon aa may be after the commence* munt of thus Act, the Central (Government shall, by notification in the orticial Gazette, constitute for the purposes ot this Act a Board to be called tb" Central Silk Board.

(ft) The Hoard shall be u bodj corporate by the name aforesaid, having perpetual succession and n common seal, with power to acquire, hold and dis- pose of property, both movable "nd immovable, and to contract, and "ha)l bj' ^T.he said name sue and be sued.

(3) The Board shall consist of iliu following members, namely: —•

(a) the Minister m charge of Industry and Supply in the C-entral Government, who shtill ex ojjicio bo Chairman of the Board;

(b) not more than three offioinlR to be nominated by the Centra!

Government;

(c) two persons elected by the members of the Central Legislator*, from among themselves, in such manner as may be prescribed;

(d) four persons to be' nominated by the Government of Mysore, of whom one shall be a representative of the filature raw silt industry and two shall bo representatives of the test of the sericulture industry;

(e) two persons to be nominated by the Government of Madras, at whom at least one shall be a non-official;

(/) two persons to bo nominated by the Government of "West Bengal, of whom at least one shall be a noivofficial;

(y) one person to be nominated by the Government of Jammu and -Kashmir;

(h) one person to be nominated by each of the Governments of Assam, the Central Provinces and Berar, the United Provinces, Bombay, and Bihar;

(i) not more than three persons to be nominated by the Central Gov- ernment to represent (i) producers of raw wilk, and (ii) areas other than the Provinces and States specified in clauses (d) to (h);

(f) five persons to be nominated by the Central Government, of whom one shall be a representative of the spun silk industry, one of the silk throwing and twisting industry, and ona of the silk weaving industry, • and two shall be sericultural experts.

(4) The members of the Board shall receive from its funds such travelling and other allowances as may be prescribed.

5. Power of the Central Government In default of nomination*.-—{i) It any Government other than the Centra) Government fails to make any nomi' nation which it is entitled to make under sub-section (3) of section 4 within the time prescribed in that behalf, the Central Government may make thfl nomination itself.

(2) Where a member of the Board dies, resigns, is removed, eeascs to reBidfl in India, or becomes incapable of acting, the authority or body entitled to no- minate the member under pub-section {.3) of section 4 may nominate a person to fill the vacancy; and where such nomination is not made within the time prescribed in that behalf, the Central Government on its own initiative, may make the nomination itself.

(3) No act done by the Board shall ba questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Board. 6. Vice-chairman and Standing Committee.—(I) The Board shall elect from among its members a V;c©-Chairman who shall exeroii* "twh of the powers and perform such of the duties of the Chuh-nmn M may b" ]mm*flb"4 or as may b" delegated to him by the Chairman. *

(#) The Board may, in its discretion, constitute a Standing Committee Cor the purpoie of exerc sing such ot its powers and performing such of its duties as may be delegated by it, not being powers or duties the delegation of which is prolnbiced by rules made under this Act.

(3) The Standing Committee shally consist of the Chairman, the Vice- Chairman, and five others elected by the Board from among its members.

7. Secretary Ot the Board.—The Central Government shall, in consulta- tion with the Board, appoint a Secretary to the Board who shall, under the control and direction of the Board, cxpruite Mich powers and perform such duties as may ho prescribed or ac may bp delejjnl.ed to him by the Board or the Chair- man.

8. Functions 01 the Board.—(I) It shnll be the duty of the Board to pro- mote the development of the raw silk industry by such measures as it thinks fit.

(2) Without prejudice to the generality oi the foregoing provision, the intasures referred to therein may provide for—

(a) undertaking, assisting or encouraging scientific, technological and economic research;

(b) devising means for unproved methods of mulberry cultivation rearing, devo oping and distributing healthy silkworm seeds, reeling ot silkworm cocoons, improv.ng the^jflunl ty nnd production ot ruw silk, it- necessary, by making it compulsory for all raw silk to bo marketed only after the same has bepn tested and graded in properly equipped raw silk conditioning houses;

(c) the supply of technical ndvico to filature and aharkha reelers,

(d) improving the marketing of raw silk; (o) the collection of statistics item such persons as may be prescribed.

(3) It shall also be the'duty of the Board—

(a) to advise the Central Government on all matters relating to the development of the raw silk industry, including the import and export of raw silk;

(b) to submit to the Central Government and such other authorities as may be prescribed half-yearly reports on its activities and the working Of thfc Act;

(c) to prepare and furnish such other reports relating to the raw silk in- dustry ae may be required by the Central Government from time to time

9. Funds of the Board.—(1) The Central Government shall from time to time make grants to the Board of such sums as the Central Government mny consider necessary for enabling thr Board to exercise its powers and discbarge it* duties under this Act.

(#) The funds of the Board shall be kept in such bank, or investod in such manner, as may be prescribed, and shall be expended by the Board only in the performance of its functions under this Act or for meeting such expense* sm are authorised by t hs Act or by rules made thereunder.

10. Imposition of cess on certain kinda ot silk.—(j) With ntec-t from such date aa the Central Government may, by notification in the official Gazette appoint, there shall be levied and collected as a cess for the purposes of this Act a duty of excise on all filature raw silk, and on all spun silk, reeled in the territories to which this Act tor the time being extends at such rate as the 0"ntral Government may, by notification in th" official Gazette, from time to Urn* fix.

(#) The said duty of excise shall be payable by the reeleri of filature r"w Aailk or spun silk and shall be paid by them to the -Board wittun one month trom the date of the receipt of tho nonce of demand from the Board in that behalf.

(3) The said duty of excise may be recovered as if it were an axroar O* land revenue.

(4) For the purpose of enabling the Board to assess the amount of tha duty of excise payable under this section by the reolers of filature raw auk or spun silk,—

(a) the Board shall, by notification in the official Gazette, fix tho period in respect of which assessments shall be made, and

(6) every reelur of filature raw silk or spun silk shall furnish to toe Board within the proscribed time a return specifying the total amount of filature raw silk or spun silk reeled during such period.

(5) If Riiy reelcr of filature raw silk or spun si^c fails to furnish wuoh return .within the prescribed tirno or furnishes a return which the Board has reason to believe to be incorrect or defective, tho Board may assess the amount payable by such reeler in such manner as may ba proscribed

(6) Any rooler feeling himself aggrieved by an assessment made tinder thu* section may, within thrpe- months of tho receipt of the notice under sub-section (2), apply to the District Judgo or such other civil judicial offioer as may bft prescribed, for the cancellation, or modification of the assessment; and suob District Judge or judicial officer shrtl¹, lifter giving the Board an opportunity o£ being heard, pass suob order as Ho thinks proper; and such order shall be final.

11. Control by the Central Government (1) All acts of the Board shall be subject to the control of tho Cimtrnl Government which may cancel, suspend or modify as i\ thinks fit any action taken, or order passed, by the Board.

(2) The records of the Buaid shnll be open to inspection at all reasonable 'lim^s by any officer authoriRfd in this behiOf by the Central Government.

12. Accounts of tho Board.—(1) The Board shall keep such accountf, a^d in sucii manner and form, as may bo prescribed, in respect of "U moneys received nnd expended by it.

(e) the staff to b" employed by the Board;

(J) the pay, allowances, leave and other conditions of service of "tftcara and servants of the Board;

(e) the travelling and other allowances of the membern of the Board •

(/) the establishment and maintenance of offioea by the Board; (g) the term of office of members of the Board, and the circumstauct^ ia which, and the authority by which, they uiay be removed;

(h) the quorum at meetings of tho Board or Standing Committee; (i) the maintenance by the Board or Standing Committee of records of its business and the submission of copies thereof to the Central Gov eminent ;

(j) the purposes for which the funds of the Board may be expended • (fc) the maintenance of the accounts of the income and expenditure of the Board and the audit of such aooounts;

(I) tho preparation oh annual estimates of the income and expendi Uw:6 of the Board;

(m) the deposit of the funds of the Board in banks and the mveet- meut of auoh funds;

(*") the registers, and other vecordR to l >c maintained by the Board or Standing Committee;

J (o) the manner in which raw silk shal' be graded and marketed;

(p) any other matter which ia to be or nm.y be prescribed under this Act

1*. Penalties—If any person—

(a) in any return to b" furnished under this Aot makes any statement which is false and which he knows to be fulse or does not believe to be true, or

(b) obstructs any officer of the Board in the exercise of any power, conferred, or the discharge of uny duty imposed, on him by or under thia Act, 01 (e) having the control or custody of any account book or other record, foils to produce such book or record when required HO to do under this Act, he Bhall be punishable with imprisonment, for a term which may extend tn one yeuv, or with fine which may extend to one thousand rupees, or with both 15. Prosecution to be with consent of Central Government.—No prosecution for nny offence punishable under this Act Bhall be instituted except by, or with the consent of, the Central Government.

16. Bar of legal proceedings.—No suit, prosecution or other legal prooeed- Ing shall lie against the Board, or any member or officer of the Bonrd, for any- thing in good faith done or intended to be dona under this Act,

17. Temporary powers of the Central Government.—Until such time as the Board is constituted under section 4, the Central Government may, notwith- standing anything contained in this Act, exercise any of the powei'K ciinferred, or discharge any of the dutien imposed, bv this Art upon the Board.

K. Y. BHANDARKAE,

Secy, to the Oovt. of India.

P U B W S H BD BY THE MANAGER OF P T J B L I O A T I O KS , D w L H I, INTIIA.

t-^iTNlTED BY TRW MANA&WH, GflVFIHNMKN'I' <">!' iNPTA P U E S C I, N F ,W D E L H T, I N T O A.