Special provision as to certain requisitions under Act 51 of 1962.
"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, 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 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:
Provided that—
(a) all determinations, agreements and awards for the payment of compensation in respect of any such property for SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 333 any period of requisition before the said date and in force immediately before the said 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 VT 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 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 (1), 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 sub-section (2), 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".
10 of 1897.
ZAKIR HUSAIN, President.
THE PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) AMENDMENT ORDINANCE, 1968 No. 5 OF 1968 Promulgated by the President in the Nineteenth Year of the Republic of India.
An Ordinance further to amend the Public Premises (Eviction of Unauthorised Occupants) Act, 1958.
WHEREAS a Bill further to amend the Public Premises (Eviction of Unauthorised Occupants) Act, 1958 has been introduced in Parliament but has not yet been passed;
314 T™1 GAZETTE OF INDIA EXTRAORDINARY [PABT II AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action to give effect to the provisions of the Bill;
Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance: — Short title and commencvmenL
1. [1) This Ordinance may be called the Public Premises (Eviction of Unauthorised Occupants) Amendment Ordinance, 1968.
(2) It shall come into force at once.
Act 32 of 1958 to be temporarily amended.
2, During the period of operation of this Ordinance, the Public Premises (Eviction of Unauthorised Occupants) Act, 1958 (hereinafter referred to as the principal Act), shall have effect subject to the amendments specified in sections 3, 4 and 5.
Amendni-rvt of section 2- ?3. In section 2 of the principal Act, for clause (b), the following cl&U3-> shall be substituted, namely: — '(b) "public premises" means any premises belonging to, or taken on lease or requisitioned by, or on behalf of, the Central Government; and includes—
(1) any premises belonging to or taken on lease by, or on behalf of, any company as denned in section 3 of the Companies Act, 1956 in which not less than fifty-one per cent, of the paid-up share capital is held by the Central Government;
and [ of 1 $56.
(2) in relation to the Union territory of Delhi—
(i) any premises belonging to the Municipal Corporation of Delhi or any municipal committee or notified area committee; and
(it) any premises belonging to the Delhi Development Authority, whether such premises are in the possession of, or leased out by, the said Authority;'.
Amendment «f section 3.
\. 'In section 3 of the principal Act, in clause (a), for the words "or officers of equivalent rank of the Corporation", the words "or officers of equivalent rank of any company or the Corporation" shall be substituted.
Ituertion of new section IQE,