REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section 1
PUBLISHED BY AUTHORITY
No. 15] NEW DELHI, WEDNESDAY, APRIL 12,1967/CHAITRA 22, 1889
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 12th April, 1967/Chaitra 22, 1889 (Saka)
The following Act of Parliament received the assent of the Presi- dent on the 12th April, 1967, and is hereby published for general in- formation:—
THE LAND ACQUISITION (AMENDMENT AND VALIDATION) ACT, 1967
No. 13 OF 1967
[12th April, 1967]
An Act further to amend the Land Acquisition Act, 1894, and to validate certain acquisitions of land under the said Act.
BE it enacted by Parliament in the Eighteenth Year of the Repub- lic of India as follows: —
1. This Act may be called the Land Acquisition (Amendment and Short title.
Validation) Act, 1967.
(109)
JIO THE GAZETTE OF INDIA EXTRAORDINARY [PART IJ1 of 1894.
Amend- ment of section 5A
2. In section 5A of the Land Acquisition Act, 1894 (hereinafter referred to as the principal Act), in sub-section (2), for the words "submit the case for the decision of the appropriate Government, together with the record of the proceedings held by him and a report containing his recommendations on the objections", the words, figures find brackets "either make a report in respect of the land which has been notified under section 4, sub-section (I), or make 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, for the decision of that Government" shall be substituted.
3. In section 6 of the principal Act,—
(a) in sub-section (2),—
Amend- ment of section 6.
(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 (wherever required) under sec- tion 5A, sub-section (2)";
(ii) for the words "Provided that", the following shall be substituted, namely:—•
1 of 19B7.
"Provided that no declaration in respect of any particular land covered by a notification under sec- tion 4, sub-section (I), published after the com- mencement of the Land Acquisition (Amendment and Validation) Ordinance, 1907, 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.
4- (I) Notwithstanding any judgment, decree or order of any court to the contrary,—
Valida- tion of certBln acquisi- tions.
i of I9t>7.
(a) no acquisition of land made or purporting to have been made under the principal Act before the commencement of the Land Acquisition (Amendment and Validation) Ordinance, 1967, and no action taken or thing done (including any order made, agreement entered into, or notification published) in connection
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY mwith 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-sec- tion (1) of section 4 of the principal Act;
(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, cov- ered by the same notification under sub-section (1) of sec- tion 4 of the principal Act;
(Hi) that one or more declarations have been made under section 6 01 the principal Act in respect of different parcels of the land covered by the same notification under sub-sec- tion (1) of section 4 of the principal Act;
1 of 1967.
(b) any acquisition in pursuance of any notification pub- lished under sub-section (1) of section 4 of the principal Act before the commencement of the Land Acquisition (Amend- ment and Validation) Ordinance, 1967, may be made after such commencement and no such acqu;sition and no action taken or thing done (including any order made, agreement entered into, or notification published), whether before or after such com- mencement, in connection with such acquisition shall be deemed to be invalid merely on the grounds referred to in clause (a) or any of them.
1 of 1967.
(2) Notwithstanding anything contained in clause (b) of sub- section (1), no declaration under section 6 of the principal Act in respect of any land which has been notified before the commence- ment of the Land Acquisition (Amendment and Validation) Ordinance, 1967, under sub-section (1) of section 4 of the principal Act, shall be made after the expiry of two years from the commence- ment of the said Ordinance.
i of 11)67.
(3) Where acquisition of any particular land covered by a noti- fication under sub-section (1) of section 4 of the principal Act, publish- ed before the commencement of the Land Acquisition (Amendment and Validation) Ordinance, 1967, is or has been made in pursuance of any declaration under section 6 of the principal Act, whether made before or after such commencement, and such declaration is or has been made after the expiry of three years from the date of publi- cation of such notification, there shall be paid simple interest, calcu- lated at the rate of six per centum per annum on the market value of such land, as determined under section 23 of the principal Act,
112 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT II—SEC. 1]irom the date of expiry of the said period of three years to the date (if tender of payment of compensation awarded by the Collector for the acquisition of such land:
Provided that no such interest shall be payable for any period during which the proceedings for the acquisition of any land were held up on account of stay or injunction by order of a court:
Provided further that nothing in this sub-section shall apply to the acquisition of any land where the amount of compensation has been paid to the persons interested before the commencement of this Act
Repeal
5, (I) The Land Acquisition (Amendment and Validation)
1 of 1967 Ordinance, 1967, is hereby repealed.
saving.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act as if this Act had come into force on the 20th day of January, 1967,
S. P. SEN-VARMA,
Secy, to the Govt. of India.
PRINTED IN INDIA BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRBSS, TVIINTO ROAD, NEW D.ELHT AND PUBLISHED BY THE MANAGER OS) PUBLICATIONS, DELHI, 196V.