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Extension of the West Bengal Land Development and Planning (Amendment) Act, 1955 to Tripura

Central Notification · 19506,009 characters of text

The enactment

TypeNotification
Year1950
JurisdictionCentral
MinistryMinistry of Home Affairs
StatusIn force as published by the source
TextPublished as one document, as the source published it
Subjectsproperty

Full text

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

f~\ ® MINISTKY OF HOME AFFAIRS NOTIFICATION New Delhi, the 1th March 1960 G.S.B 291.—In exercise of the powers conferred by section 2 of the Union 5K?ff 8*V\ Mt +' W* ( 3 0 o f 1 9 5 0 ) - t h * Central (^ernSent hYreby" extends to the Union territory of Tripura the, West Bengal Land DeveloomeS Modifications

(1) Throughout the Act, for the words "State Government" wherever they S J 5 u ^ ° r i S ^^.Commissioner of Tripura" shall be substituted and S S L & S i S ^ b e ? a d e + m a n£ s e n t e n " . in which such substitution is made such consequential amendment as the rules of grammer may require.

(2) Sections 2 and 3 shall be omitted.

- h ^ w l V I ^ ™ 4 ' / 0 1 ^ Wtfds " th*e said Act" the words,- brackets and figures *u TT - Bengal Land Development and Planning Act. 1T48 as extended to SfSSSSSt T P U r a ( W i l i a f t e r r e f e r r e " t 0 « the' said Actr fhaU ,.

* t&2S?^JBti&^ words "and sha11 be deemed * * / 1 A^WEXURE T H E , „22£ T BENGAL LAND DEVELOPMENT AMD PLANNTNr fAOTNn- MENT) ACT. 1955 (WEST BENGAL ACT XxiV OF 1 ™ ? E x S n TO THE UNION TERRITORY OF TRIPURA EXTENDED AN ACT to amend the West Bengal Land Development and Planning Act, 1948 Whereas it is expedient to amend the West Bengal Land Development and / Plannmg Act, 1948, for the purposes and in the. manner h e r e i n a f t e r S n f — \ lJ»Aft)S g g g 2 f o U o ^ ^ °f 'the **** m *** ^ % t&*. \ ^ w l f e S a 5S S55CaHCd " " * * ^ ^ * * * envelopment I • • ; - * * * a :

:= * * *

4. Insertion of new section 4A. After -=prtion & n-r tv, T,T , ,-, Development and Planning Ac 1948 a, ̂ S e d to S i l E %£S£ L a n d , •TiDurs (hereinafter referred to as the said AtnthL t h ^ 1 T U n ! o n Territory of ^ oe inserted, namely:— C t ) > t h e l 3 ! l c ™ g section sfrill-^ the notification S ^ r k S ^ ^ e ^ o S e ^ ^ . S t°o the acquisition of the land in which he is interested.

(21 Every objection under sub-section (1) sha11 be rttsA. +n to= n JI * m writing and the, Collector shall Live the S o r ,n n n n ^ S 1 of being heard and shall, after hearing A dt&SU* a n d f S ^ S ^ch lurther .nqmr,-. if any, * s he thinks necessarv- "uhm" the 5 g to the Chie; Commissioner of Tripura together with the record nf i. Ahtenammt of section 5.—In section 5 of the said Act- - i .•>-• )

(a) to sub-section (1) the following proviso shall be added, namely:— "Provided that no scheme shall be necessary for acquisition of land for the public purpose specified in sub-clause ( I ) of clause (d) of section 2";- and

(b) in sub-section (2), for the words "may be sanctioned' ' the words "may, after taking into consideration any report submitted under sub­ section (2) of section 4A, be sanctioned" shall be substituted.

6, Amendment of section 6.—In section 6 of the said Act.—

(a) after sub-section (1), the following sub-section shall be inserted.

namely:— " ( l a ) When the Chief Commissioner of Tripura is satisfied, after taking into consideration any report submitted under sub-section (2) of section 4A, that any land in the, notified area is needed for the public purpose specified in sub-clause (i) of clause (d) of section 2 a declaration to the effect that such land is needed for the said purpose shall, unless already made in pursuance, of section 7, be made by the Chief Commissioner of Tripura ; and

(b) after sub-section (2), the following sub-section .shall be added, namely:— "(3) When the Chief Commissioner of Tr ipura makes a declaration under sub-section (1) or sub-section ( l a ) , he may, if he thinks fit, msert in the declaration a statement that the mines of coal, iron-stone, slate or other minerals lving under the land or any part icular portion of the land are not needed for the purpose for which the land is being acquired.".

7. Amendment of Section 8.—Section 8 of the said Act shall be renumbered as sub-section (1) of that section,—

(1) in sub-section (I) of that section, as so renumbered —

(a) for the words "A declaration under section 6 shall be conclusive - evidence that the land in respect of which the declaration is made is needed for a public purpose and, after making such declaration , the words "After making a declaration under section 6 shall be substituted;

fb> in clause fa) of the proviso, for the words "any other waste or arable land", the words "any waste or arable land" shall be substituted; (

(c) the Explanation to clause (a) of the proviso shall be omitted;

(d) in the condition mentioned at the end of clause (b) of the proviso, after the words "i = such market value" the words <m relation to land acquired for the, public purpose specified in sub-clause [i) or clause (d) of section 2" shall be inserted; and

(2) after sub-section (1) of the said section, as so renumbered, the following sub-section shall be added, namely:— "(2) When the. amount of compensation has been determined under sub­ section (1) the Collector shall make an award in accordance with "the principles set out in section 11 of the said Act, but no amount referred to in sub-section (2) of section 23 of the said Act shall be included in the award'7.

8. Substitution of new section for section 9,—For section 9 of the said Act, the following section shall be substituted, namely:— ^~ "9 Power to dispose of land acquired under the Act.—(1) where the Chief Commissioner of Tr ipura decides to lease or sell any land acquired in pursuance of this Act. the person or persons from whom the. land was so acquired shall, in such manner as the Ctnet Commissioner of Tr ipura may direct, be offered a prior right LO take on lease or to purchase the land ,on such terms and conditions as may be determined by the Chief Commissioner of Tripura.

(2) If in any case, two or more, persons claim to exercise a right offered 'under sub-section f t ) , the right g&all be exercisable by such of the1 "-*, claimants as the Chief Commissioner of Tr ipura may determine artpr <=uch inquirv as he thinks fit."

M [No. r 10/5/53-Judl.ILUTL.21.1 K. R. PHABHU, Dy. Secy, GIPMD^ DME - •! 13HA -22-3-60- .3 -o " K^ Y /] _y" m 1 "9 i

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