The Gazette of India
EXTRAORDINARY
PART II—Section 1
PUBLISHED BY AUTHORITY
No. 54] NEW DELHI, FRIDAY, SEPTEMBER 23, 1977/ASVINA 1, 1899
Separate paging is given to this Part in order that it may be filed as a separate compilation
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 23rd September, 1977/Asvina 1, 1899 (Saka)
THE REQUISITIONING AND ACQUISITION OF IMMOV- ABLE PROPERTY (AMENDMENT) ORDINANCE, 1977
No 12 OF 1977
Promulgated by the Vice-President discharging the functions of the President in the Twenty-eighth Year of the Republic of India.
An Ordinance further to amend the Requisitioning and Acquisition of Immovable Property Act, 1952.
WHEREAS Parliament is not m session and the Vice-President dis- charging the functions of the President is satisfied that circumstances exist which render it necessary for him to take immediate action,
Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the Vice-President discharging the func- tions of the President is pleased to promulgate the following Ordi- nance: —
1. This Ordinance may be called the Requisitioning and Acquisition of Immovable Property (Amendment) Ordinance, 1977.
Short title
of 1952.
Inser- tion of new sec- tion 26.
2 In the Requisitioning and Acquisition of Immovable Property Act, 1952, after section 25. the following section shall be inserted and shall be deemed to have been inserted with effect on and from the 21st day of March, 1977, namely—
338 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC 1)requisitioned under the said Act), which has not been released from such requisition before the appointed day, shall,—
(i) if such property was requisitioned on 01 before the 21st day of March, 1977, as from that date, and
(it) if such property was requisitioned at any tune after such date, as from the date of its requisition,
be deemed to have been requisitioned by the competent authority under the provisions of this Act for the purpose for which such pro- perty was held immediately before the appointed day and all the pro- visions of this Act shall apply accordingly
Provided that in determining the compensation payable under this Act in respect of any property so deemed to have been requisi- tioned under this Act, the sum or sums, if any as may be found necessary to compensate the person interested foi all or any of the matters specified in clause (b) of sub-section (2) of section 8 shall be reduced by the sum or sums, if any, paid or payable in respect of such matter or matters as compensation in respect of such property under the Defence of India Act, 1971, and the rules made thereunder.
10 at 1897,
(2) Save as otherwise provided m sub-section (i), the provisions of the Defence of India Act, 1971, and the rules made thereunder, in so far as those provisions relate to the requisitioning of any such immovable property as is referred to in sub-section (i), shall, as from the 21st March, 1977, cease to operate except as respects things done or omitted to be done before such cesser and section 6 of the General Clauses Act, 1897, shall apply upon such cesser of operation as if such cesser were a repeal of an enactment by a Central Act.
Explanation.—In this section, "appointed day" means the date of promulgation of the Requisitioning and Acquisition of Immovable Property (Amendment) Ordinance, 1977'.
P. D. JATTI,