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Section 80: Penalty for offences

Requisitioning and Acquisition of Immovable Property Ordinance, 1952Ordinance · 1952

Whoever contravenes any provision of thia Ordinance, or of any rule mado thereunder, or any order made or direction given under this Ordinance, or obstructs the lawful exercise of any power conferred by or undor this Ordinance, shall be punishable with fine which may extend to one thousand rupees.

21. Certain persona to be puWio servants.—The competent authority, every arbitrator and evory officer empowered by the Central Government or the competent authority, while exercising any power or performing any duty under this -Ordinance, shall be deemed to be a public servant within the meaning of section 1 of the Indian Penal Code (Act XLV of 1860).

22. Power IO make rules.—(1) The Contral Government may, by notification in the Official Gazotte, make rules for carrying out the purposes of this Ordinance.

(2) In particular , and without prejudioo to the generality of the foregoing power, such rulos may provide for all or any of the following matters, namely :—

(a) tho procedure to be followod by the competent authority in making inquirios under section 3 or soction 6 ;

(b) tho procedure to be followed in arbitration proceedings and appeals under this Ordinance;

(c) levy of court-fee in respect of appeals undor section 11 ;

(d) tho principles to be followed in determining the amount of compensation and method of paymont of such compensation ;

(e) tho principles to be followed in apportioning the cost of proceedings before the arbitrator and on appeal under this Ordinance ;

(/) the manner of service of notices and orders ;

(g) any other matter which has to be , or may be, prescribed.

23. Validation ot certain requisitions.—All immovable property which purports to have been requisitioned by a State Government for any public purpose, being a purpose of the Union, under any Provincial or State Act and which' immediately before the oommonooment of this Ordinance, is used or oocupied by tho Central Government or by an officer or authority subordinate to that Govornment shall, on such commencement, be deemed to be property duly requisitioned under section 3 of this Ordinance, and overy such requisition ehal], notwithanding any judgment, decroe or ordor of any court, bo deemod always to have boon valid as if thia Ordinanoo had been in forco on and from the date of tho requHilion and the requisition had been duly made by a oompotent authority undor this Ordinance, and all tho provisions of this Ordinance shall apply accordingly :

Provided that all agreements and awards for the payment of compensation in respoctofany such property for any poriod of requisition bofore the commence, mont of this Ordinanoo and in force immediately bofore suoh commencement, shall be valid and shall bo deomed always to have boen valid and shall continue' to be in force and shall apply to the payment of compensation in respect of that property for any poriod of requisition after suoh commencement.

38 THE: GAZETTE OF INDIA EXTRAORDINARY [PART n

24. Repeal! and savings.—{1) The Requisitioned Land (Continuance of Towers) Act, 1947 (XVII of 1947) and the Delhi Premlees (Requisition and Eviction ) Aot, 1947 (XLIX of 1947) are hereby repealed.

(2) J"or the removal of doubts, it is hereby declared that any property which immediately before such repeal was subject to requisition under the provisions of either of the said Acts shall, on the commencement of this Ordinance, he deemed to be property requisitioned under section 3 of this Ordinance, and all the provisions of this Ordinance shall apply accordingly :

Provided that—

(a) all agreelnenta and awards for the payment of compensation in respect of any suoh property for any period of requisition before the commencement of this Ordinance and in force immediately before suoh com - mencement, shall continue to be in force and shall apply to the payment of compensation in respect of that- property for any period of requisition after such commencement;

(6) anything done or any action taken (including any orders, notifiot tions or rules made or issued) in exercise of the powers oonferred by or undi either of the said Aots shall, in so far as it is not inconsistent with the provisions of this Ordinanoe, be deemed to have been done or taken in the exercise of the powers conferred by or under this Ordinanoe as if this Ordinanoe were in force on the day on which suoh tiling was done or aotion was taken,

Where this provision sits

ActRequisitioning and Acquisition of Immovable Property Ordinance, 1952
Section80
Marginal notePenalty for offences
StatusIn force as published by the source

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