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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 6] NEW DELIA, SATURDAY, FEBRUARY 39, 1964/PHALGUNA 10, 1885

Separate paging is given to this Part in order that it may be filed as a separate compilation

LOK SABHA

The following Bill was introduced in Lok Sabha on the 29th Feb-

ruary, 1964:—

BILL N O. 3 OF 1964

A bill further to amend the Land Acquisition Act, 1894,

BE it enacted by Parliament in the Fifteenth Year of the Republic

of India as follows:—

1. (I) This Act may be called the Land Acquisition (Amend-

ment) Act, 1964.

Short title, extent and commence- ment.

(2) It extends to the whole of India except the State of Jammu 5

and Kashmir.

(3) It shall come into force at once.

1 of 1894

Amendment of section II.

2. In section 11 of the Land Acquisition Act, 1894 (hereinafter referred to as the principal Act) for the words, figures and brackets, "at the date of the publication of the notification under section 4, sub- section (1)", the words "at the date of the acquisition" shall be sub- stituted,

3. After section 15 of the principal Act, the following new section

shall be inserted, namely: —

Insertion of new Section 15 A.

"15A. Whenever bulk acquisition of land involves displace- ment of one hundred or more families, it shall be the responsibi-

( 1 87

188 THE GAZETTE OP INDIA EXTRAORDINARY t***ax 11

lity of the requiring authority to provide for the rehabilitation of these displaced persons in a manner to be prescribed by Bole*.**

Amendment of union 23.

5 4. In sub-section (1) of section 23 of the principal Act, for the words, figures and brackets, "at the date of the publication of the notification under section 4, sub-section (1)" the words "at the* date at the acquisition" shall be substituted.

j&jjc. %] THE GAZETTE 0$ lNt>IA EXTRAORDtNAKV tgfl

STATEMENT OF OBJECTS AND REASONS

Section 23 of the Land Acquisition Act, 1894, enjoins that in deter- mining the amount of compensation for land to be acquired under the Act, the Court shall take into account the market value of land Qn the date of publication of notification under section 4 of the Act. When the intervening period between the date of notification and the date of acquisition is long, the owner is entitled to a compensation which is wholly insufficient to buy an equivalent area of land with similar advantages. Our aim should be to pay a fair and reasonable price for land to be acquired, and to pay a price much below the market price is undoubtedly unfair and unreasonable. The Law Commission has also recommended that as far as possible everyone who is deprived of his property by compulsory acquisition should be awarded a compensation so as to place him in substantially the same position in which he was before the acquisition. Hence the Bill.

NEW DELHI;

S. C. SAMANTA.

The 20th January, 1964.

190 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SKC. 2]

FINANCIAL MEMORANDUM

The Bill will no doubt involve expenditure but an estimate of such expenditure cannot be given at present. The expenditure will depend on several factors such as the number and magnitude of Projects etc. which may, in future, have to be taken up for any public purpose. This factor alone cannot be determined now.

M. N. KAUL,