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Extraordinary Gazette of India · Government of India

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Published 13 September 1949

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E-2358-1949-0000-109686
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in.gazette.csl_extraordinary.1949-09-13.E-2358-1949-0000-109686
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REGISTERED No. D-28

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI, TUESDAY, SEPTEMBER 13, 1949

ORDINANCE No. XXII OF 1949

ORDINANCE

to provide for the apportionment of compensation payable in respect of

requisitioned land

WHEREAS doubts have arisen whether an arbitrator appointed under section 10 of the Defence of India Act, 1939 (XXXV of 1939), or under the said section as deemed to be continuing in force for the purpose of section 6 of the Requisi- tioned Land( C o n t i n u a n ceof powers) Act, 1947 (XVII of 1947), haw power to apportion the compensation payable in respect of any requisitioned land among persons interested therein;

AND WHEREAS on emergency has arisen which makes it necessary to resolve the Raid doubts and expressly to provide for the apportionment of compensation in all such cases;

Now, THEREFORE, in exercise of the powers conferred by flection 42 of the Government of India Act, 1935 (26 Geo. 5, c, 2), the Governor-General is pleased to make and promulgate the following Ordinance: —

1. Short title and commencement.—(l) This Ordinance may be called the Requisitioned Land (Apportionment of Compensation) Ordinance, 1949.

(2) It shall come into force at once,

2. Definitions.—In this Ordinance,—

(a) the expression "persons interested", in relation to any requisitioned land, included all persons claiming an interest) in the compensation to bo paid on account of the requisitioning or the acquisition of the requisitioned land under the provisions of section 19 of the Defence of India Act, 1939 (XXXV of 1989) or section 6 of the Requisitioned Land (Continuance of Powers) Act, 1947 (XVII of 1947); (1773) I'm THtf mmTTfi OF WPIA- EXTHAORDINm, 0EP. 18,1910

(b) the expression "mpJettwnwt l a " i" iweiwirf tui(y iuimwablo pw>* perty which U. or was, nubjept to any reniiisisfon ^fleeted tin* lee tlra rules made under the Defence o£ India. Act, J980 or wnt^mierf nntltt the Requisi- tioned I>and (Oontlnunnw of Powers) Act, 1047,

3. Apportionment of c"spen"tlwu—(Z) Notwithstanding ftn(vi}! dg conk"nf(j In either of the Acts pnentjoned in flection #, where there nw i^-vcftui p"r""j>Ef interested m any requisitioned land, it shall be IBWTIJI, and. nbnll he deemed always to have been lawful, for an arbitrator appointed In pursuance ot either of the eectionB mentioned in clause (a) ot seoMon 2. to apportion by hiin nwarfl the compensation payable in respect of the requisitionin# or, OK fbft pfw mfty be, acquisition of the land among the persons interested.

(2) Where an arbitrator appointed In puruunnoe ot atfcW oi the "Rctir-ns mentioned in clause (a) of section 2 has, before tho eommenrpmpnfc of thin Ordinance, made on award determining, but not ppportionlng, the compen- sation payable, and such compensation lias not been paid, the Government; by whom Buoh compensation ia payable may, upon tho application of any person interested, appoint the same or another arbitrator to apportion the compen- sation among the persons interested, and it shall be lawful for the arbitrator BO appointed to make a supplementary award of apportionment,

(3) An appeal shall lie to the High Court against a supplementary award made under sub-section (2) if, and only if, an appeal would have lain against the original award under the provisions of section 19 of the Defence of India fAot, 1989, and the rules made thereunder,

{4) The provisions of the rules made under section 19 shall, in so far an they are applioable, apply to arbitration* and awards under this eeotion ai they apply in relation in arbitrations and awards under the paid section !£>.

0. EAJAGOPALACHAEI,

Governor- General,.

K. y. K. SUNDAEAM, Bfoy. to the Govt. of Inifa.

P U H X U ID BX XEB MlMAOIB Ot PUBLICATION!, DlLHI, I N B I A. Pmmffi n na JSntum, Oovmrnnxt or IMBU PM|8, N"w Ditn, brtSrt.-
Cite this issue. Extraordinary Gazette of India, Government of India, 13 September 1949. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.csl_extraordinary.1949-09-13.E-2358-1949-0000-109686/. Archive identifier in.gazette.csl_extraordinary.1949-09-13.E-2358-1949-0000-109686.