REGISTERED No. D. (D)-72 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 73] NEW DELHI, SATURDAY, DECEMBER 24, 1977/PAUSA 3, 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 24th December. 1977/Pausa 3, 1899 (Saka) The following Act of Parliament received the assent of the President on. the 24th December. 1977, and is hereby published for general information: — THE REQUISITIONING AND ACQUISITION OF IMMO- VABLE PROPERTY (AMENDMENT) ACT, 1977 No. 44 OF 1977 [24th December, 1977} An Act further to amend the Requisitioning and Acquisition of Immovable Property Act, 1952.
BE it enacted by Parliament in the Twenty-eighth Year of the Republic of India as follows:—
1. This Act may be called the Requisitioning and Acquisition of Immovable Property (Amendment) Act. 1977.
2. In the Requisitioning and Acquisition of Immovable Property Act, 1962 (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 day of March. 1977. namely: — 36 of 1952 Short title.
Insertion of new section 26.
( 497) 49» JEM GAZTTFE OF INDIA EXTRAORDINARY [PABT II—fl«c. lj '26. (I) Notwithstanding anything contained in this Act, any immovable property requisitioned or purported to have been requisitioned by the Central Government or by any officer or authority t« whom powers in this behalf have been delegated by that Government, under the Defence of India Act, 1971, and 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 appointed day, shall,—
(i) if such property was requisitioned on or before the 21st day of March, 1977, as from that date, and
(li) 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 property 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 this Act in respect of any property so deemed to Tiave been requisitioned 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 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 (1), shall, aa from the 21st March, 1977, cease to operate except as respectsi 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 23rd September, 1977.'.
3. (1) The Requisitioning and Acquisition of Immovable Property (Amendment) Ordinance, 1977, is hereby repealed
(2) Notwithstanding such repeal, pnytWng 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 Aot S HARIHARA IYER, Jt Secy, to the Govt of India feed«l jrorlaiom Mtoeerfulsittona under Act 41 •t im.
Repeal and joying.
10 of 1»7.
Ord. 12 of 1977.
PRINTED Bf THE GKKTERAL MANAGKH, GOVERNTVIENT OF INDIA PRESS, MIMTO ROAD.
NIVY DELHI AND PUBLISHED BY THK CONTROLLER Or PUMICATIQN9, DELHI. 1077