(1) This Act may be called the United Provinces Land Acquisition (Rehabilitation of Refugees) Act, 1948.
(2) It shall extend 3 to the whole of [Uttar Pradesh.]
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(3) It shall come into force at once.
Definitions 2. In this Act, unless there is anything repugnant in the subject or context---
(i) "Compensation Officer" means the Compensation Officer appointed by, general or special order by the [State Government.]
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1. For Statement of Objects and Reasons see U. P. Gazette Extraordinary, dated April 23,
1948.
2. For Statement of Objects and Reasons see, U. P, Gazette, dated December 17, 1949.
3. This Act has been extended to tile areas mentioned in column 1 of this table under the Act or order mentioned in column 2 and enforced in such areas under notification, if any, mentioned in column 3 with effect from the date mentioned in column 4 against each such area :
Areas Act or Order under which extended Notification, if any, under which enforced Date from which enforced 1 2 3 4
1. Rampur District Rampur (Application of Laws) Act, 1950.
. December 30, 1949
2. Banaras District Banaras (Application of Laws)Order, 1949.
No. 3262 (1)/XVII, dated November 30, 1949 November 30, 1949
3. Tehri-Garhwal District Tehri-Garhwal (Application of Laws) Order, 1949.
No. 3262 (2)/XVII, dated November 30, 1949, Ditto
4. Subs. by A.O. 1950 for (United provisions).
5. Subs. by A.O. 1950 for (provincial Government).
21 [The United Provinces Land Acquisition (Rehabilitation of Refugees) Act, 1948] [Section 3-5]
(ii) "Court" means the principal Civil Court of original jurisdiction and includes a Civil Judge having jurisdiction in the area;
(iii) "land" includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;
(vi) “person interested” has the meaning assigned to it in section 3 of the Land Acquisition Act, 1894;
(v) "Prescribed" means prescribed by the rules made under this Act;
(vi) [State Government] 2 means the Government of [Uttar Pradesh] 1 ;
[(vii) “Refugees” means any person who was a resident in any place forming part of Pakistan and who, on account of partition or civil disturbances or the fear of such disturbances, has on or after the first day of March, 1947, migrated to any place in the [Uttar Pradesh] 1 and has been since residing there;]
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(viii) "builder" means a society registered under the Co-operative Societies Act, 1912, or the local authority and includes such other person as the [State Government ] 2 may, by notification in the Gazette, declare in that behalf.
Procedure of requisition
3. If in the opinion of the [State Government] 2 or such other authority as the [State Government] 2 may appoint in that behalf (hereinafter called ‘the appointed authority’), it is necessary or expedient so to do for the erection of houses, shops, and workshops for the rehabilitation of refugees, the [State Government] 2 or the appointed authority, as the case may be, may by order requisition any land by serving on the owner and occupier thereof, and, when the owner or the occupier is not ready traceable or the ownership or the right to occupation of the land is in dispute, or owing to the number of persons entitled as owner or occupier it is not reasonably convenient to serve every one of them separately, by publishing in such manner, as may be specified in that behalf, a notice stating that the [State Government] 2 or the appointed authority, as the case may be, has decided to requisition it in pursuance of this section and may make such further orders including an order for the taking of possession as appear to it to be necessary or expedient in connexion with the requisitioning.
Use of requisitioned land
4. Where any land has been requisitioned under section 3, the [State Government] 2 or such other person as may be authorized in that behalf may use it, in such manner as may appear to it to be expedient, for the purpose of erecting, houses, shops and workshops for the rehabilitation of refugees and for providing other amenities.
1. Subs. by A. 0. 1950 for (United Provinces).
2. Subs. by A. 0, 1950 for (provincial Government).
3. Subs. by section 2 of U. P. Act No. XVI of 1950.
22 [The United Provinces Land Acquisition (Rehabilitation of Refugees) Act, 1948] [Section 5-7] Application for requisition by a builder
5. A builder may, in the prescribed manner apply to the [State Government] 1 to acquire any land, as may be specified in the application, for the purpose of erecting houses, shops and workshops for the rehabilitation of refugees and for providing amenities connected therewith.
Declaration of [State Government] 1 on an application by a builder