·The competent authority or· any officer, empowered in this behalf by such authority, by general or special order, shall . not, in exercise of the powers conferred by section 14, enter up.on any property -- after sunset or before, sunrise.
FORM �A,· (See rule 3) NOTICE AND ORDER Whereas 1, ................................................. : ........................ , being the competent authority · (name and designation) under the Requisitioning and Acquisition of Immovable Property Act, 1952 (30 of 1952)� am of opinion that the property described in the Schedule hereto annexed is needed/ or likely to be needed for t.t public purpose, to wit, 1[ ........ being a purpose of the Union and that the said property should be acquisitio�ed. · · Now, therefore, in exercise of the powers conferred by sub-section (1) of section 3 of the said Act, I as the competent authority, hereby, call upon ................ 2owner of the said property ..... , .................. name of person being the .. : .... ·:·················· ... person in possession to · 1. Omitted by G.S.R. 654, dated 23rd July, 1958.
2. Subs. by S.R.O. 3252� ·dated 30th September,.1957.
3. Subs. by G.S.R. 758, dated 15th April, 1968.
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. 22 The Requisitioning and Acquisition 'of Immovable Property Rules, 1953 [Form A show cause within fifteen days of the date of service of this instrument upon him why the said property should not be requisitioned and I further direct that neither the owner of the said· property nor a,n.y other person shall without rny'·permission dispose of or structurally alter the sa_id'property or let it out to a tenant until the expiry of two months from the date of service of this instrument upon him.
. SCHEDULE Competent Authority, Signature ......................... .
Designation; . .' ...... :············ Seal.
1. Here mention the purposes for which the property shall be requisitioned.
2. Strike off the irrelevant words.
To, FORM �B' . (See rule 12) SUMMONS TO WITNESS Case No. :: ........................ of 20 ................ _ .................. ..
In- the office ..................................... .
Proposed requisition/acquisition/fixation of compensation in respect of ................... .
To, . •. : ···················· . ....... .
Whereas your attendance is required to give evidence/produce the documents described in the list enclosed in the above case, you are hereby required (personally) to . · appear before the undersigned on the ....................... day ............... : ... of.. .. ; .. : ............ 20 ........... : .. .
.. , ........ at ............... O'dock in the forehoon/afte!Iloon anq._ to bring with .you (or to send to his office) the said documents.
In case you fail to comply with this order without lawful excuse, you will be subject to consequence of non--attendance laid down in Rule 12 of Order XVI of the C.P.C.
Given under my hand and s·eal of this office this .. : .. , ..... : ...... day of ............ 20 ............ .
FORM �c' (See rule 12) Competent Authority I Arbitrator REQUISITION FOR _PUBLIC RECORD Case No ........................ , .. of 20.: .................. · .............. ..
In th.e office: ......................... :._ ........... ;
Proposed requisition/acquisitionJfixation of compensation,of .......................... .
To, .. .................................
' .
Form E] The Requisitioning and Acquisition of Immovable Property Rules, 1953 - - 23_ Please arrange to send per bearer/through your clerk on.; ............ the public record(s) mentioned below for my examination in connection with the .. proposed requisitioning/ ·acquisition/fixation of compensation in respect of.. ............................... ..
'Given under my hand and seal of this offic� this.: ................ day _of ............ 20 .. ; ......... .
Details of record.
l ................ : ....... ;.;
2 ......................... :.
FORM 'D' (See rule 12) Competent Authority I Arbitrator FORM OF COMPENSATION IN THE MA TIER OF. .......................... .
It is ordered as follows:
1. A Commission may issue directed to .............. of ................. for the examination upon interrogatories or .viva vote before the aforesaid Commissioner of the following:-
(1)
(2)
(3) 2; :irl the event of any witness on his examination, ·cross-examination or re examination producing any ·book, document, letter, paper or writing, and refusing for good. cause to be stated in his deposition, to part with the original thereof, then a copy thereof, or extract therefrom certified by the Commissioner to be a true and correct copy or extract $hall be annexed to the witness's deposition. - -
3. Each witness to be examined under the Commission shall be examined on oath, affirrna_tion or otherwise in accordance with his religion by or before th� said Commissioner. - · -
4. The- depositions to be taken under and by virtue of the said commission shall be · subscribed by the witness or witnesses and by the Commissioner.
__ &"The interrogatories, cross-interrogatories and deposition, together with any - documents referred to therein or certified copies thereof or extracts therefrom shall be_ sel}t to the competent authority /arbitrator on or before the ... -.. : ..................... day of .............. .
-� or such further or _other ·day as may be ordered by registered post.
bated this ........ day of .......... 20...... ...... .-.'. _; ............................. :; .-... - .................. ..
Competent Authority I Arbitrator FORM �E' (See rule 4) ORDER AND NOTICE Whereas by a notice issued or deemed to be issued under sub-section (1) of section · 3 of the Requisitioning and Acquisition of Immovable Property Act, 1952 (30 of 1952) ......................... was called upon to show cause ................. ( enter name of the person).
Within the period specified therein why the property specified in the Scheduie hereto annexed should not be requisitioned. - And, whereas the said period bas expired and no cause has been shown against the said notice or �e cause shown against the said notice has been c6nsid.ered.
- Now, therefore, in exerci_se of the powers conferred-by sub-section (2) of section 3 and by section 4 of the said Act ! ............... being a competent authority i .................... (name 'designation) ...... ; ......................... , ... under the said Act having been satisfied it is necessary or expedient so to do, do hereby requisition the said property and I hereby order the said '.?
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-·i 24 The Requisitioning and Acquisition of Immovable Property Rules, 1953 [Form E ........ _ ............. to surrender or deliver posse_ssion thereof to ........ _, .... ; .. (enter the name) ......... .
within thirty days of the service of this notice, (ent�r designation of officer) If the said ........................ r.efuses or fails to comply with the (enter the name) .: .... ............. above order, it shall be 'lawful for me to take possession of the property and for that purpose to use such force as may be necessary.
To,
SCHEDULE FORM � I (See rule 6) ORDER Signature .......................... .
Designation ...................... .
Whereas, the premises known as .................... have been requisitioned under section 3 of the Requisitioning and Acquisition of Immovable Property Act, 1952 (30 of 1952) or are deemed !'\to have been requisitioned under that section by virtue of the provisions of section 24 of the said Act.
And, whereas, the said premises are in need ·of repairs specified in the Schedule hereto appended.
Now, therefore, in exercise of the powers conferred by sub-section (2) of section 5 of the said Act, I ... '. ........... : ........................ .,.
( enter name) ( enter designation) being the competent authority under the said Act do hereby order ...... '. ............. the landlord, of the said premises to execute the repairs, specified in the schedule, being repairs which are necessary and are usually made by landlords in ..
the localjty in which the premises are situated within a period of ...... �.; .............. from the date of service of this notice.
If the said landlord fails to execute the repairs in this order within the aforesaid period, it shall cause the same to be executed at his expense and the cost thereof shall without prejudice to any other :i:node of recovery be deducted from the compensation -- payable to him.
To, .....................................
SCHEDULE FORM_ ,,G, (See rule 7) ORDER Signattue .......... _. ............... .
Designation .. , ........ , ....... : .. .
Whereas, the property specified in the Schedule hereto annexed was requisitioned by the order of the .... , ............ ., No . ................ dated .............. with effect .from the ............. until further orders of the Central Goven;unent.· . .
_ Ai:td, whereas ., the Central ·Government have now decided that the· said property shall be released from requisition with effect fr�m ........ ,. ... �............
Now, therefore,. in exercise of the powers conferred by sub-section (2) of section 6 of the Requisitioning and Acquisition of Immovable Property ·Act, 1952 (30_ of 1952), . .,....- .
l Form I] The Requisitioning and Acquisition of Immovable Property Rules, 1953 · 25 I, ............... , ....... being the competent authority hereby enter naip.e and designation) specify Mr./Messrs ....... : ............... : .......................................................... :·: ........ ; ............. .
as the person/persons to whom possession of the said property shall be given.
SCHEDULE Signature .......... : .............. ..
. FORM 1 H' [See rule 7(4)] NOTICE Designation .. ; ................... .
Whereas 1 the property specified in the Schedule hereto annexed was requisitioned by the order of the ............. No ............ : ..... dated ............ with effect from .. : ............. until further orders of the Central Government.
And, whereas 1 the Central Government h�ve dedcled that the said properfy shall be release from requisition. .
· And, whereas, in exercise of the powers conferred by sub-section (2) of section 6 of the Requisitioning and Acquisition of Immovable Property Act, 1952 (30 of 1952), !.,; ............... being a competent authority .................. ; ........ .
(name d�signation).; ..................... :····················· ........................................ , ...... :., ............. ;
under the said Act have specified Shri.. ............ as the person to whom possession of the said. property shall be given. · And, whereas the said Shri.. .... ; ........... cannot .be found and has no agent or other person empowered to accept delivery on his behalf . . · Now, therefore, in exercise of the powers conferred by sub-section (4) of section 6 of the said Act, I,. ...................... do hereby declare· that the said ............. : ........... (name and ·designation) ....... , ..................................... ; .......... property is released from requisition.
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To, ............ ........................
.......................................
SCHEDULE FORM T (See rule 8) NOTICE Signature .......................... .
� Designation ................... : .. .
. ....
Whereas, the Central Government is of opinion that the property described in the· Schedule hereto annexed which is subject to requisition should be acquired for a public purpose, namely:- Now, therefore, in exercise of powers conferred by sub-section (1) of section 7 of the said Act, the Central Government do hereby call upon Shri.. ....... being the owner of the said property to show cause within fifteen days of the date ·of service of hJs notice upon him why the said property should not be acquired. .
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26 To,- The Requisitioning and Acquisition of Immovable Property -Rules, 1953 [Form I
SCHEDULE FORM T.
(See rule 8) NOTICE Signature .......................... .
_Designation .. : ................... .
"Whereas, a notice under the proviso to sub-section (1) of section 7 of the Requisitioning and Acquisiti_on of Immovable Property Act, 1952- (30 of 1952), was issued by the �entral Government to Shri .................. being the -owner of the said-property calling - upon him to show cause within the period specified therein why the said property should not be acquired.
· · - And,_ whereas, the said period has expired and no cause has been shown against the said notice/the cause shown against the said notice has been considered. ,.
No , therefore, in exercise of the powers of sub-section (1) of section 7 of the $aid Act, the Central Government having been satisfied that it is necessary so to do, hereby acquire the said property.
SCHEDULE 1[FORM 'K' [See rule 9(5)] Signature:,·········· ............. ..
Designation ...................... .
FORM OF AGREEMENT TO BE MADE ON BEHALF OF TIIE CENTRAL GOVERNMENT WITH OWNERS OF IMMOVABLE PROPERTY REQUISI'J;IONED WHEN PAYMENT IS MADE IN FULL Memorandum of agreement made this .......... ; .......... day of one thou�and nine hundred and seventy.� ........................ between ..... , .......... son 0£ .......... , ...... by occupation ............... ; ....... at present residing at.. ..................... hereinafter referred to as 'the owner' I owners (which expression shall unless excluded by or repugnant to the context l;?e deemed to. include his heirs their respective. executors; administrators and assigns) of - the one part and the.
President of India (hereinafter referred to as 'the Goverrtment' which expression shall mean and include his successors-in-office and assigns) of the other _part .
Whereas, the immovable property particulars whereof.are set out in the Schedule hereunder written (hereinafter called 'the said property') has been requisitioned under the Requisitioning and Acquisition of Immovable Property Act, 1952, and t11e tules framed thereunder and on the ...................... day of.. .......... 20 ..... ; ....... -.. taken possession of by · or on behalf of or under the authority of the Government., _ And, whereas the owner has/ owners have represented and stated to the Government that the owner/owners alone }s/are entitled to all compensation payable in respect of the said property and no other'person ·has any right to. such compensation or any pattthereof. · - - - And, Whereas, the said property consists, 'inter alia, of land structures and the Goverrtinent has dismantled· the said structures.
1. Ins. by S.R.O. 3252, dated 30th September, 1957.
-� Form K] The Requisitioning· and Acquisition of Immovable Properly Rules, 1953 27 And whereas the owner I owners and the Goverrunenthave mutually agreed to settle the amount of compensation payable in respect of the said prop�rty and no other person has any right to such compensation or any part thereof.
And, whereas, the said property consists, inter alia, of the land structures arid the Government has dismantled the said structures:
And, whereas, the owner/owners and the Government have mutuaily agreed to settle the amount of compensation payable by the Government to the owner/owners in connection with the said . requisition in the manner hereinafter appearing.
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Now it is hereby agreed by and between the parties as follows:-
(1) The Government shall pay and the owner I owners shall. accept \md receive a sum of Rs. . ............ in full settlement of the compensation for the structures, (omit if the owner has no structures.)
(2) The Government shall pay and the owner/ owners shall accept and receive a payment of Rs ............... per month/ quarter year in arrear for the said property with effect from the said day of .............. 20 ........... so long as the Go\rernment shall .rema.in in possession thereof and the requisition continues.
(3) The owner I ovyners shall not claim or be entitled to any other compensation whatsoever in. connection with the sai1 requisition:
;[Pr'ovided that the owner/ovVners may claim variation of compensatign if the rent of the premises considered as on lease to the Government is variable by reason of any statutory provision.]
( 4) The owner I owners shall meet and pay the revenue, rent; municipal taxes and all other outgoing relating to the said property whether payab1e by the owner/ owner.s or the occupier thereof.
(5). If it hereafter transfers that the owner I owners is/ are not entitled or exclusiveli entitled to the compensation payable in· respect of the said property or if the Government have to pay any compensation to any other person the owner/ owners shall retund to the Government the compensation paid or such part thereof as the owner/owners is/are not entitled to and shall otherwise indemnify the Government against any loss or damage · suffered by the Government by reason of any fault or .defect in title . as represented by the owner/owners, without prejudice to any other remedies for the enforcement of such re�d and indemnity the Government may recover any ·sum payable by way of refund·ancl /or indemnity as arrears of land revenue.
(6). Should any dispute or difference arise out of or concerning the subject-matter of these presents or �y covenant clause or thing herein contained or otherwise arising out of the requisition aforesaid . the sarrte. shall be . referred to an arbitrator to be appointed by the Government · and the decision of sw�h arbitrator shall be conclusive and binding on the_pa�es hereto. The provisions of .the Arbitration Act, 1940, shall apply to such arbitration.
SCHEDULE (AbcJVe referred to) .
(Particulars and Description · of Property Requisitioned) In witness whereof these presents have been executed. the day and year first above written.
· .
Signed and delivered _by the abo.ve named owner/owners in presence of .... '"" ........... .
Signed and delivered for and on behalf of the President in :t.he presence of .............. .
1. Ins. by G.S.R. 359, dated 26th March, :i960.
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28 The Requisitioning· and Acquisition of Immovable Property Rul�s, 1953 FORM 'L' [See ruie 9(5)(iii)] (Form L FORM OF AGREEMENT TO BE MADE ON. BEHALF OF THE CENTRAL GOVERNMENT WITH OWNERS OF IMMOVABLE PROPERTY REQUISITIONED ·wHEN THE PERSONS TO BE COMPENSATED ARE KNOWN·BUTFOR WANT OF AGREEMENT AS TO THE AMOUNT OF COMPENSATION CERTAIN SUMS ARE . PAID ON ACCOUNT .
Memorandum. of agreement made . this ....... : ....... :., .......... days of ........................ :.two.
tl).ousand ............. between ........ ; .......... son oL ................. by occupation ................... at present residing at .. ; ........... hereinafter referred to as the owner/owners (which expression shall unless excluded by or repugnant to-the context be deemed to include his/their respective heirs executors, administrators and assigns) of the one part and the President of India (hereinafter referred to as the Government' which expression shall mean and include his successor m office and assigns of. the other part.
Wher�as the immovable property particulars . whereof are set out in the schedule hereinunder written (hereinafter called the said property has been requisitioned under the Requisitioning and Acquisition of Immovable Property Act, 1952 and the rules framed thereunger and on the ............. day of ......... .20 ... '. .... taken possession of by or on behalf of or under tfie authority of the Central Government.
And, whereas, the said owner/owners has/have represented and stated to the Government that the owner/owners alone is/are entitled to all compensation payable in respect of the said property and no other person has any right to such compensation or any part thereof. · · · And whereas, no agreement having been arrived at between the parties as. to the amount of compensation payable to the owner I owners and the. Government has at the request of the owner I owners agreed to make payment to the owner I owners on account pending an agreement between the parties a:s to the amciunt of compensation payable or the final determination of such amount under the law. Now this agre�ment witnesses as follows:- · (1) The Government shall pay and the owner/owners shall accept and receive payment of Rs ............ per month quarter/year for the said property with effect ,._,,. from_ the said d�y of ............... �q .......... ,. .... pending agreement :as to or_ . determination of the amount payable as compensation to the owner I owners.
(2) Upon such · agreement or determination of theJ amount payable as compensation as ·aforesaid on account · shall be prepared crediting the .
Government with the payments made by the povernment as aforesaid and debiting the Government with the amount payable as compensation. If no such account being prepared there is a balance in. fa ?ur of the Government the amount of such balance shall be forthwith refunded by the owner/ owners to .the Government. If. there is ·a balance payable to the owner/owners the Government shall pay the amount thereof to the owner/owners.
(3) If it hereafter transpires that the owner/owners is/are not entitled or exclusively entitled to the compensation payable in respect of the said property or if the Government have to pay any compensatie>n to any other person the owner I owners shall refund to the Government the payments made hereunder and . shall otherwise indemnify the Government against any loss or damage suffered by the Government by reason of any fault or defect in his /their title as represented by him/them without prejudice to any .other remedie·s for the · enforcement of any refund and/ or indemnity, the Government may recover Form L] The Requisitioning and Acqµisition of Immovable Prop.erty Rules, 1953 any sum payable by way of re�d and/ or indemnity as arrears of land revenue.
(4) Should any dispute or difference arise o"ut of or concerning the subject-matter .
or these presents or any covenant clause or thing herein contained or otherwise arising out of the requisition aforesaid the same . shall be . referred to an arbitrator to be appointed by the Central Government and the decision of such arbitr:ator shall be conclusive and binding on the parties hereto. The provisions of the .Arbitrator Act, 1940 shall apply to such arbitrations. , .
SCHEDULE (Above referred to} In witness whereof these presents have been execut�d the day and year first above written.· ., .
Signed gnd delivered by the above named . owner I owners in the presence of ..... : .......... .
· Signed and delivered for and · on behalf of the. President m the . presence of .................. : ..