REGISTERED No. D-(D)-72
The Gazette of India
EXTRAORDINARY
PART II—Section 2
PUBLISHED BY AUTHORITY
No. 31] NEW DELHI, WEDNESDAY, NOVEMBER 16, 1977/KARTIKA 25, 1899
Separate paging is given to this Part in order that it may be filed as a separate compilation
RAJYA SABHA
The following Bill was introduced in the Rajya Sabha on the 16th
November, 1977: —
BILL NO. XIII OF 1977
A Bill further to amend the Requisitioning and Acquisition of Immovable
Property Act, 1952.
BE it enacted by Parliament in the Twenty-eighth Year of the Repub-
lic of India as follows
1. This Act may be called the Requisitioning and Acquisition of Im- Short title.
able Property (Amendment) Act, 1977.
30 of 1952.
Inser- tion of new sec- ffion 26.
2. In the Requisitioning and Acquisitioning of Immovable Property Act, 1952 (hereinafter referred to as the principal Act), after section 25, the following section shall be inserted and shall be deemed to have been inserted with effect on and from the 21st days of March, 1977, n a m e l y :-
Special Provision as to cer- tain requi- sitions under '26. (1) Notwithstanding anything contamed in this Act, any immovable property requisitioned or purported to have been requi- sitioned by the Central Government or by any officer or authority to whom powers in this behalf have been delegated by that Govern- ment, under the Defence of India Act, 1971, and the rules madfe- thereunder (including any immovable property deemed to have been 142 1971.
(567)
568 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—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 or before the 21st
day of March, 1977, as from that date, and
(ii) if such property was requisitioned at any time 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
provisions of this Act shall apply accordingly:
Provided that in determining the compensation payable under
the 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 for 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.
(2) Save as otherwise provided in sub-section (1), the provisions
10 of 1897.
of the Defence of India Act, 1971, and the rules made thereund*> in so far as those provisions relate to the requisitioning of an-1'-0110" immovable property as is referred to in sub-section (1), >ilall, as from the 21st March, 1977. cease to operate except as resp"cts things done or omitted to be done before such cesser and sect'ta, 6 of the General Clauses Act, 1897, shall apply upon such cessc'of ©fixation as if such cesser were a repeal of an enactment by a Central Act.
Explanation.—In this section "appointed day" means 'the 23rd September, 1977.'.
3. (1) The Requisitioning and Acquisition of immovable Property Ord. 12 of 1977..
(Amendment) Ordinance, 1977, is hereby repealed
Repeal and 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.
SEC 2] THE GAZETTE OF INDIA EXTRAORDINARY 569STATEMENT OF OBJECTS AND REASONS
On the expiry of the Defence of India Act on the 26th September, 1977 (1 e., six months from the date of revocation of the Proclamation of Emergency issued on the 3rd December, 1971), the properties which were requisitioned under section 23 of that Act and the properties which were originally requisitioned under the Defence of India Act, 1962, and deemed to have been requisitioned under section 33 of the Defence of India Act. 1971, would have ceased to be under requisition. As the Ministry of Defence considered it necessary to keep all 1hese properties under requisition even after the 26th September, 1977, for purposes connected with the defence of the country and as Parliament was not in session, the Requisitioning and Acquisition of Immovable Property (Amend- ment) Ordinance, 1977, wap promulgated by the Vice-President discharg- ing the functions of the President on the 23rd September, 1977 The Ordinance amended the Requisitioning and Acquisition of Immovable Property Act, 1952, to provide that the aforementioned properties shall be deemed to have been requisitioned under that Act
2 The Bill seeks to replace the aforesaid Ordinance,
NEW DELHI,
SIKANDER BAKHT.
The 11th November, 1977.
V7O T HE G A Z E T TE OF I N D IA E X T R A O R D I N A RY [ P A RT I I —S E C. 2]FINANCIAL MEMORANDUM
Clause 2 of the Bill seeks to insert a new section 26 in the Requisi-
tioning and Acquisition of Immovable Property Act, 1952.
2, The proviso to sub-section (1) of the new section 26 piovides that in determining the compensation payable under the Act in respect of any property deemed to have been lequisitioned under the Act by virtue of that section, the sums, if any, as may be found necessary to compensate the person interested for all or any of the matters specified in clause (b) of sub-section (2) of section 8 of the 1952 Act 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 and the rules made thereunder. Hence, while determining the amount of compensation payable in respect of these properties under the 1952 Act, any sums which may be found necessary to pay over and above the sums already paid or payable will be an additional expendi- ture that is likely to be incurred It Is not possible at this stage to estimate the amount of expenditure that will be involved as the same will depend on the agreement of the parties in cases where the compen- sation can be fixed by agreement and the determinations of arbitrators in other cases
3. The recurring compensation which will be payable in respect of the properties which are deemed by virtue of the new section to have been requisitioned under the 1952 Act during the period of their requisition as a result of the enactment of the Bill will be practically the same as would have been payable if the properties had continued to remain under requisition under the Defence of India Act and the rules made thereunder. But the annual rent payable by way of compensation under the 1952 Act has to be revised quinquennially. This will involve an additional expen- diture of a recurring nature It is not possible to estimate such addi- tional expenditure as the same will depend on the circumstances pre- vailing at the time of such revision.
4 As and when such of the said requisitioned properties as are required to be retained on a long term basis, are acquired, compensation would be payable on the basis of open market value as provided for by section 8 of the 1952 Act. It is again difficult to estimate how many of the requisitioned properties will have to be acquired and how much non- recurring expenditure will have to be incurred from year to year as a result of such acquisitions.
S. S BHALERAO,