REGISTERED NO. D- 221 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 45] NEW DELHI, MONDAY, AUGUST 12, 1968/SRAVANA 21, 1890 Separate paging is given to this Part in order that it may be filed as a separate compilation. MINISTRY OP LAW (Legislative Department) New Delhi, the 12th August, 1968/Sravana 21, 1890 {Saka) The following Act of Parliament received the assent of the President on the 9th August, 1968, and is hereby published for general information: — THE REQUISITIONING AND ACQUISITION OF IMMOVABLE PROPERTY (AMENDMENT) ACT, 1968 No. 31 OF 1968 [9th August, 1968] An Act further to amend the Requisitioning and Acquisition of Immovable Property Act, 1952. BE; it enacted by Parliament in the Nineteenth Year of the Republic of India as follows: —
1. This Act may be called the Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1968. Short title. ( 4 5 7 ) 4 5 8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II
2. In section 8 oi' the Requisitioning and Acquisition of Immovable Property Act, 1952 (hereinafter referred to as the principal Act), for sub-section (3), the following sub-section shall be substituted, namely:— "(3) The compensafon payable ior the acquisition of any property under section 7 shall be the price which the requisitioned property would have fetched in the open market, if it had remained in the same condition as it was at the time of requisitioning and been sold on the date of acquisition.".
3. In the principal Act, after section 24, the following section shall be inserted and shall be deemed to have been inserted with effect on and from the 10th day of January, 1968, namely:— "25. (1) Notwithstanding anything contained in this Act, any immovable property requisitioned by the Central Government or by any officer or authority to whom powers in this behalf have been delegated by that Government, under the Defence of India Act, 1962, an'd the rules made thereunder (including any immovable property deemed to have been requisitioned under the said Act) which has not been released from such requisition before the 10th January, 1968, shall, as from that date, be 'deemed to have been requisitioned by the competent authority under the provisions of this Act for the purpose for which such property was held immediately before the said date and all the provisions of this Act shall apply accordingly: Provide'd that—
(a) all determinations, agreements and awards for the payment of compensation in respect of any such property for any period of requisition before the said date and in force immediately before the sai'd date, shall continue to be in force and shall apply to the payment of compensation in respect of that property for any period of requisition as from the said date;
(b) anything done or any action taken (including any orders, notifications or rules made or issued) by the Central Government or by any officer or authority to whom powers in this behalf have been delegated by that Government, in exercise of the powers conferred by or under Chapter VI of the Defence of India Act, 1962,_ shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to Amendment of section
8. Insertion of new section
25. Special provision as to certain requisition! under Act 51 of 1962. 30 of 195&. SEC. 1] THE GAZETTE OF INDlA EXTRAORDINARY 459 have been 'done or taken in the exercise of the powers conferred by or under this Act as if this section was in force on the date on which such thing was done or action was taken,
(2) Save as otherwise provided in sub-section (/), the provisions of the Defence of India Act, 1962, 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 subsection (/), shall as from the 10th January, 1968, 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.". i. (1) The Requisitioning and Acquisition of Immovable Property (Amendment) Ordinance, 1968, is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amende'd by the said Ordinance, shall be deemed to have been done or taken under the principal Act as amended by this Act. 10 of 1897. Ord. 4 of
196B. Repeal and saving. V. N. BHATIA, Secy, to the Govt, of India. PRINTkE IN INDIA BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, 1968