Subject NOT available

click here for IIIF manifest

REGISTERED No.D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 3] NEW DELHI, FRIDAY, JANUARY 20, 1967/PAUSA30,1888

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

MINISTRY OF LAW

(Legislative Department)

New Delhi, the 20th January, 1967/Pausa 30, 1888 (Saka)

THE LAND ACQUISITION (AMENDMENT AND VALIDATION) ORDINANCE, 1967

NO. 1 OF 1967

Promulgated by the President in the Seventeenth Year of the Republic of India.

An Ordinance further to amend the Land Acquisition Act. 1894, and to validate certain acquisitions of land under the said Act.

WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action;

( 9)

10,' : THE GAJJETTE OF INDIA EXTT^VORDINARY [PAHT JI

Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased jto promulgate the following Ordinance: —

1. (1) This Ordinance may be called the Land Acquisition Shorl tklc and com- mencement (Amendment and Validation) Ordinance, 1967.

(2) It shall come into force at once.

Act I elf i K94 to be temporarily amended.

2. During the period of operation of this Ordinance, the Land Acquisition Act, 1894 (hereinafter referred to as the principal Act), shall have effect subject to the amendments specified in sections 3 and 4.

Amendment of Meciion 5A.

3. In section 5A oi: the principal Act, in sub-section (2), for the words "submit the case for the decision of the appropriate Govern- ment, together with the record of the proceedings held by him and a report containing his recommendations on the objections.", the words, figures and brackets "either make, a report in respect of the land which has been notified under, section 4, sub-section (1), or mak" different reports in respect of different parcels of such land, to the appropriate Government, containing his recommendations on the objections, together with the record Of the proceedings held by him, lor the decision of that Government." shall be substituted.

4. In section 6 of the principal Act,—

Amendment of "

(a) in sub-section (I),—

(i) after the words "certify its orders", the following shall be inserted, namely: —

"and different declarations may be made from time to time in respect of different parcels of any land covered by the same notification under section 4, sub-section (1), irrespective of whether one report or different reports has or have been made under section 5A, sub-section (2)";

(ii) for the words "Provided that", the following shall be .substituted, namely:^

'"Provided that no declaration in respect of any par- ticular land covered by a notification under section 4, subjection (1), published after the commencement of the Land Acquisition (Amendment and Validation)

SJCC. JJ THE GAZETTE OF INDIA EXTRAORDINABY II

Ordinance, 1967, shall be made after the expiry of three years from the date of such publication:

Provided further that";

(b) in sub-section (2), for the words ''The declaration", the words "Every declaration" shall be substituted.

.5. (1) Notwithstanding any judgment, decree or order of any court to the contrary—

Validation of certain acquisitions.

(a) no acquisition of land made or purporting to have been made under the principal Act before the commencement of this Ordinance, and no action taken or thing done (including any order made, agreement entered into, or notification published) in connection with such acquisition shall be deemed' to be invalid or ever to have become invalid merely on the ground—

(i) that one or more Collectors have performed the functions of Collector under the principal Act in respect of the land covered by the same notification under sub-section (1) nf section 4 of the principal Act; or

(ii) that one or more reports have been made under sub- section (2) of section 5A of the principal Act, whether in respect of the entire land, or different parcels thereof, covered by tht? same notification under sub-section (1) of section 4 of the principal Act; or

(in) that one or more declarations have been made under section 6 of the principal Act in respect of different parcels of the land covered by the same notification under sub-section (1) of section 4 of the principal Act in pursuance of one oi more reports under section 5A thereof;

(b) any acquisition in pursuance of any notification published under sub-section (2) of section 4 of the principal Act before the commencement of this Ordinance may be made after such commencement and no such acquisition and no action taken or thing done (including any order made, agreement entered into, or notification published), whether before or after such commence- ment, in connection with such acquisition shall be deemed to be invalid mt-roly on the ground* referred to in clause (cr) or any of them.

12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1]

(2) Notwithstanding anything contained in clause (b) of sub- section (I), no declaration under section 6 of the principal Act in respect of any land which has been notified before the commencement of this Ordinance, under sub-section (1) of section 4 of the principal Act, shall be made after the expiry of two years from the commencement of this Ordinance.