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The Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1975

Amendment Act · 19753,962 characters of text

The enactment

TypeAmendment Act
Year1975
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.

REGISTERED No. D-(D)-72 The Gazette of India EXTRAORDINARY

PART II—Section 1 PUBLISHED BY AUTHORITY No. 7] NEW DELHI, FRIDAY, MARCH 7,1975/PHALGUNA 16,1896 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 1th March, 1975/Phalguna 16, 1896 (Saka) The following Act of Parliament received the assent of the President on the 7th March, 1975, and is hereby published for general information: — THE REQUISITIONING AND ACQUISITION OF IMMOVABLE PROPERTY (AMENDMENT) ACT, 1975 No. 2 OF 1975 [7th March, 1975] An Act further to amend the Requisitioning and Acquisition of Immovable Property Act, 1952.

BE it enacted by Parliament in the Twenty-sixth Year of the Republic of India as follows: —

1. This Act may be called the Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1975.

Short title.

30 of 1952

2. In section 6 of the Requisitioning and Acquisition of Immovable Property Act, 1952 (hereinafter referred to as the principal Act), in subsection (1A), for the words "five years", wherever they occur, the words "ten years" shall be substituted.

Amendment of section 0, ( 2 9 ) Jo THE GAZETTE Of INDIA EXTRAORDINARY [HAT Ii— Amendment of auction 8.

3, In section 8 of the principal Act,—

(a) in sub-section (2), for the words "The amount of compensation payable fojrjhe requisitioning of any property shaJl consist of—", the words, brackets, figures and letters "The amount of compensation payable for the requisitioning of any property snail, subject to the provisions of sub-sections (2A) and (2B), consist of—" shall be substituted;

(b) after sub-section (2), the following sub-sections shall be inserted, namely: — " (2A) The recurring payment, referred to in clause (a) of sub-section (2), in respect of any property shall, unless the property is sooner released from requisition under section fj or acquired under section 7, be revised in accordance with the provisions of sub-section (2B) —

(a) in a case where such property has been subject to requisition under this Act for the period of live years or a longer period immediately preceding the commencement of the Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1975—

(i) first with effect from the date of such commencement, and

(ii) again with effect from the expiry of five years from such commencement;

(b) in a case where such property has been subject to requisition under this Act immediately before such commencement for a period shorter than five years and the maximum period within which such property shall, in accordance with the provisions of sub-section (1.4) of section fi, be released from requisition or acquired, extends beyond five years from such commencement,—

(i) first with effect from the date of expiry of five years from the date on which possession of such property has been surrendered or delivered to, or taken by, the competent authority under section 4, find

(ii) again with effect from the date of expiry of a period of five years from the date on which the revision made under sub-clause (i) takes effect;

(c) in any other case, with effect from the date of expiry of five years from the date on which possession of such property has been surrendered or delivered to, or taken by, the competent authority under section \, SEC. 1] THE GAZET'JE OF INDIA EXTRAORDINARY 31 (2B) The recurring payment in respect ox any property shall be revised by re-determining such payment in the manner and in accordance with the principles set out in sub-section (I), read with clause (a) of sub-section (2), as if such property had been requisitioned under this Act on the date with effect from which the revision has to be made under sub-section (2A).".

K. K. SUNDARAM, Secy, to the Govt, of India.

PHINTflD BY THE MANAGER. GOVERNMENT OF INDIA PRESS MINTO IiOAD, NEW PffLHE AND PUBLISHED BY THE CONTROLLER Ob' PUBLICATIONS, DELHI, lH7fi

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