Open main menu

Requisitioning and Acquisition of Immovable Property Act, 1952

Requisitioning and Acquisition of Immovable Property Act, 1952
Total Sections 26
Enforcement Year 1952
State or Central Central
Editor Template:USERNAME
ASSN: 26015

REQUISITIONING AND ACQUISITION OF IMMOVABLE PROPERTY ACT, 1952 30 of 1952 [14th March, 1952]

CONTENTS 1. Short title, extent and duration 2. Definitions 3. Power to requisition immovable property 4. Power to take possession of requisitioned property 5. Rights over requisitioned property 6. Release from requisitioning 7. Power to acquire requisitioned property 8. Principles and method of determining compensation 9. Payment of compensation 10. Appeals from Orders of requisitioning 11. Appeals from awards in respect of compensation 12. Competent authority and arbitrator to have certain powers of civil courts 13. Power to obtain information 14. Power to enter and inspect 15. Service of notice and orders 16. Easement not to be disturbed 17. Delegation of powers 18. Protection of action taken in good faith 19. Bar of jurisdiction of civil courts 20. Penalty for offences 21. Certain persons to be public servants 22. Power to make rules 23. Validation of certain requisitions and acquisitions 24. Repeals and savings 25. Special provision as to certain requisitions under Act 51 of 1962 26. Special provision as to certain requisitions under Act 42 of 1971

REQUISITIONING AND ACQUISITION OF IMMOVABLE PROPERTY ACT, 1952 30 of 1952 [14th March, 1952] STATEMENT OF OBJECTS AND REASONS "During the war, landsand buildings were requisitioned under the Defence of India Act, 1939, and the rules made thereunder and such property continued t o be subject to requisition under the Requisitioned Land (Continuance of Powers) Act, 1947. As this Act was due to expire on 31st March 1952 and as the Goverment of India had no powers to requisition any property outside Delhi it was essential not only to take measures to ensure the continuance of the requisition of the premises already requisitioned under the Defence of India Rules, but also to secure powers for the Central Government to make fresh requisitions in order to meet its demands for residential and office accommodation outside Delhi Government of India were, therefore, considering the introduction of suitable legislation to meet the above purposes for it was doubtful whether they could continue to rely, after the Constitution came into force, on the State Governments for requisitioning properties outside Delhi for the purposes of the Union. Before however, the proposed legislation could be presented to Parliament, a judicial decision was given to the effect that a State Government had no powers to requisition premises for any purpose of the Union, e.g. for allotment to a Central Government servant. A large number of houses in Bombay, Calcutta and other principal cities had at the request of the Central Government, been requisitioned by the State Government under their laws and placed at the disposal of the Central Government. A difficult situation-would, therefore, have arisen if these orders of requisition were allowed to be challenged in Courts and declared invalid In order to avoid such difficulting an Ordinance - The Requisitioning and Acquisition of Immovable Property Oldinance 1952 (3 of 1952) - was promulgated on 25th January 1952. The Ordinance empowers the Central Government to requisition, for the purposes of the Union, any immovable property, and to acquire such requisitioned property under certain specified conditions. The principles and method according to which compensation shall be determined and paid for such requisitioning and acquisition have been laid down in section 8 and Section 9, Provision is made in section 10 and Section 11 for appeals against orders of the requisitioning and awards determining compensation. The Ordinance also validates every requisition made by a State Government where the requisitioned property is placed at the disposal of the Central Government or an officer or authority subordinate to that Government. The Ordinance repeals the Requisitioned Land (Continuance of Powers) Act, 1947 and the Delhi Premises (Requisition and Eviction) Act, 1947. As Act 49 of

1947 is repealed, the Ordinance makes certain amendments, mainly consequential, in the Government Premises (Eviction) Act. 1950 (27 of 1950). The present Bill seeks to replace the Ordinance by an Act of Parliament." - Gaz. of Ind., 1952, Pt. II, section 2. page 55. II Amending Act I of 1958.- The Requisitioning and Acquisition of Immovable Property Act, 1952, which empowers the Central Government to requisition immovable property for the purposes of the Union and to acquire requisitioned property under certain circumstances is due to expire on the 14th March, 1958. It is not however, feasible either to release the property held under requisition or to acquire it because the former course of action will aggravate the existing shortage which is of the .order of 7 to 8 lakh sq. ft. of office accommodation and 40 to 42000 units of residential accommodation and the latter will involve expenditure running into several crores of rupees. In this connection, it has been estimated that the property held under requisition by the Defence Ministry alone is of the value of seven to eight crores of rupees. The conversion of existing requisitioning into leases besides being expensive is fraught with much difficulty as landlords are generally averse to making leases in favour of Government. In the context of the continuing expansion of developmental activity of the Government, it is inevitable that augmentation of accommo- dation resources by new construction would lag behind the actual requirements at any given time. The conditions which necessitated resort to requisitioning are, therefore, likely to persist for a long time to come. The experience of the last 18 years during which Government have had power to requisition or continue under requisition property for essential Union purposes [first under the Defence of India Act, 1939 subsequently under the Requisitioned Land (Continuance of Powers) Act, 1947, and lately under the Requisitioning and Acquisition of Immovable Property Act, 1952] also reinforces the need for Government to retain these powers indefinitely. In the circumstances, it is proposed to convert the existing temporary enactment into a permanent one. S.O.R. -Gaz. of Ind., 13-12-1957, Pt. II, section 2., Ext., p. 954. Ill Amending Act 48 of 1963.- The Requisitioning and Acquisition of Immovable Property Act, 1952, which empowers the Central Government to requisition immovable property for the purposes of the Union and to acquire requisi- tioned property under certain circumstances is due to expire on the 14th of March, 1964, It is common knowledge that with the continued expansion of developmental activities of the Government there has been an appreciable increase in the demand for office and residential accommodation. As at present, the shortage estimated is approximately 59 lakh sq. ft. of office accommodation and 74,000 units of residential accommodation in Delhi, Bombay, Calcutta and Madras. Any step to release the property held under requisition at this stage will only aggravate the existing shortage. At the same time, it may not be possible to acquire that property in view of the expenditure involved which may run into several crores of rupees. The conversion of existiing requisitioning into leases, besides being expensive is fraught with much difficulty as landlords are generally averse to making leases in favour of Government. Under the present circumstances, therefore, the need to requisition or continue under requisition property for essential Union purposes is likely to persist for some time to come. Accordingly, it is proposed that the life of the existing Act be extended for a further period of six years i.e. up to the 13th day of March, 1970 S.O.R.-Gaz. of Ind., 19-11-1963, Pt. II, section 2, Ext., p. 748. IV Amending Act 31 of l968.-The Defence of India Act, 1962 will expire on the 10th July, 1968, that is. six months from the date of revocation of the Proclamation of Emergency. A large number of immovable properties have been requisitioned under the Defence of India Act 1962. The cost of acquisition of these properties will be prohibitive. On many of these requisitioned lands valuable structures have been put up. In the majority of the cases it has not been possible to vacate the lands and hand them over to the owners. It is, therefore, considered necessary that the properties requisitioned under the Act should continue to be subject to requisition even after the expiry of the Act. For this purposes it is propose to amend the Requisitioning and Acquisition of Immovable Property Act, 1952 by adding a provision somewhat on the lines of section 24(2) of that Act to provide that all property requisitioned under the Defence of India Act, 1962, shall from the date of revocation of the Proclamation of Emergency be deemed to be property requisitioned under the 1952 Act. In other words, though in fact the requisitioning of these properties was made under the Defence of India Act, it shall be deemed to have been made under section 3 of the Requisitioning and Acquisition of Immovable Property Act, 1952 and all the provisions of the latter Act shall apply accordingly. 2. Opportunity is taken to omit clause (b) of sub-section (3) of section 3 as the same has been struck down by the Supreme Court as violative of Article 31 (2) of the Constitution. 3. The Bill seeks to achieve the above objects, S.O.R. -Gaz. of Ind., 10-5-1968, Pt. II, section 2, Ext., p. 704. V Amending Act I of 1970.- The power to requisition and to acquire immovable properties for a public purpose was first provided in the Defence of India Act, 1939 which came to an end on the 30th September, 1946. It was, however, found necessary to retain some of the properties for a longer period in the occupation of the Government. Therefore, it was provided in the Requisitioned Land (Continuance of Powers) Act, 1947 that any property which had been requisitioned under the Defence of India Act, 1939 would continue to remain under requisition. Subsequently, the Requisitioning and Acquisition of Immovable Property Act, 1952 was enacted to confer-powers on the Government in this regard. Section 24 of the Act provided .that any property which was subject to requisition under the Act of 1947 shall be deemed to have been requisitioned uunder the Requisitioning and Acquisition of Immovable Property Act, 1952. This Act was initially to remain in force for six years and was to expire on the 13th March, 1958. The life of the Act was however, extended from time to time, and will now remain in force up to the 13th March, 1970. 2. Chapter VI of the Defence of India Act, 1962 provided for the requisitioning and acquisition of immovable property. The Act ceased to have effect with effect from the 10th July, 1968, namely six months after Proclamation of Emergency which was revoked with effect from the 10th January, 1968. As there were numerous properties requisitioned under the Defence of India Act, 1962, it was not found possible either to release them or to acquire them by the payment of compensation. The Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1968, was therefore, enacted to provide that the properties requisitioned .under the Defence of India Act 1962 shall be deemed to have been requisitioned under the Requisitioning and Acquisition of Immovable Property Act, 1952. Many properties which have. been requisitioned under the Defence of India Act, 1962 and the Requisitioning and Acquisition of Immovable Property Act, 1952 are in the possession of the Ministry of Defence and also of some other Ministries. Although the Governrnent is expeditiously implementing t h e policy of acquiring or de-requisitioning the requisitioned properties, a large number which are expected to be needed even after the 13th March, 1970 for public purposes will not have been acquired by then. On many of the properties, valuable constructions of a permanent nature connected with national defence or the conduct of military operations or other important public purpose have been put up. It will not be expedient to remove these structures for the purpose of release of the properties t o the owners pending a decision to acquire or release the properties. In addition, it is felt that there will always be need for requisitioning or acquiring immovable properties for public purposes. The Law Commission of India has recommended in their Tenth Report that the law of requisitioning should be embodied in a permanent code. It is accordingly proposed that the Requisitioning and Acquisition of Immovable Property Act, 1952, should be made a permanent piece of legislation. 3. Compensation once fixed under the Act cannot be revised during the entire period of requisitioning, as it is based on the rent that the property would have fetched if it had been leased out on the date of the requisitioning. It is fell that it will be fair to the owners if the amount of compensation is reviewed quinquennially with reference to the circumstances prevailing at the time of the review, 4. The Law Commission of India also recommended that no property should be kept under requisition for a period longer than five years and if, before the expiry of that period, the Government considered it necessary to acquire the property, they should be at liberty to do so. If, however, they decided to acquire the property it would not be proper to keep the property indefinitely under requisition. The period of five years is, however, considered inadequate for the purpose and it is proposed that the maximum period of requisitioning should be ten years from the date of commencement of the proposed legislation in the case of properties already underrequisition and 10 years from the date on which the possession Its taken in the case of properties which may be requisitioned after such commencement. 5. The Bill seeks to achieve the above objects S.O.R. -Gaz. of Ind., 15-12-1969, Pt. II, section 2, Ext.. p. 1116. VI Amendment Act I of 1973.- The power to requisition and to acquire immovable properties for a public purpose was first provided in the Defence of India Act, 1939, which expired on 30th September, 1946. It was, however found necessary to retain some of the properties for a longer period in the occupation of the Government. Therefore, it was provided in the Requisitioned Land (Continuance of Powers) Act, 1947, that any property which had been requisitioned under the Defence of India Act, 1939, would continue to remain under requisition. Subsequently, the Requisitioning and Acquisition of Immovable Property Act, 1952, was enacted to confer powers on the Government in this regard. The Act initially to remain in operation for a period of six years but its duration was extended from time to time. The Requisiing and Acquisition of Immovable Property (Amendment) Act, 1970, made it a permanent measure, but restricted the period for which a requisitioned property could be retained under requisition to three years from the commencement of the Amendment Act in the case of properties requisitioned before such commencement and in the case of any property requistionedafter such commencement to three years from the date on which possession of such property was surrendered. or delivered to or taken by, the competent authority under section 4 of the Act of 1952. As the Amendment Act of 1970 came into force on 11-31970, the maximum period for which properties requisitioned before the commencement of that Act can be retained under requisition will expire on the 11th March, 1973. 2. A large number of properties requisitioned under the above Act are still in the possession of the Ministry of Defence and also of some other Ministeries. Although Government is expediitiously implementing the policy of acquiring or de-requisitioning the requisitioned properties, a large number of them are expected to be needed by Government even after the 10th March, 1973 for public purposes. On many of these properties valuable constructions of a permanent nature connected with national defence or the conduct of military operations or other important public purposes have been put up. It will not be expedient to remove the structures for the purpose of release of the properties to the owners pending a decision to acquire or release the properties, 3, In the circumstances, it is considered necessary to amend the Act so as to extend by two years the maximum periods for which properties may be retained under requisition. 4. The Bill seeks the above objective. It is, however, intended to bring forward later a comprehensive legislation providing for revision of compensation and also for a longer period of requisition. S.O.R.-Gaz. of Ind.,22-2-1973, Pt. II. section 2 Ext.,p.2. VII. . Amending Act 2 of 1975.- The power to requisition and to acquire immovable properties for a public purpose was first provided in the Defence of India Act, 1939, which expired on the 30th September, 1946, it was, however, found necessary to retain some of the properties for a longer period in the occupation of the Government. Therefore, it was provided in the Requisitioned Land (Continuance of Powers) Act, 1947, that any property which had been requisitioned under the Defence of India Act, 1939, would continue to remain under requisition. Subsequently, the Requisitioning and Acquisition of Immovable Property Act, 1952, was enacted to confer powers on the Government in this regard. The Aci was initially to operate for a period of six years but its duration was extended from time to time. The Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1970 made it a permanent measure, but restricted the period for which a requisitioned property could be retained under requisition to three years from the commencement of the Amendment Act in the case of properties requisitioned before such commencement and, in the case of any other property requisitioned after such commencement to three years from the date on which possession of such property was surrendered, or delivered to, or taken by, the competent authority under section 4 of the Act of 1952. Thus properties requisitioned before the commencement of the said Amendment Act could be retained under requisition up to the 10th March, 1973. A large' number of properties requisitioned under the Act of 1952 could not be released by the said date and the maximum period for which properties could be kept under continued requisition was extended for a further period of two years by the Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1973. 2. A number of.properties requisitioned under the Act are still in possession of the Ministry of Defence and also some other Ministries. Although Government is expeditiously implementing the policy of acquiring or de-requisitioning the requisitioned properties, a large number of them are expected to be needed by Government even after the 10th March. 1975, for public purposes. On many of the properties valuable constructions of a permanent nature connected with the national defence or the conduct of military operations or other important public purposes have been put up. It will not be expedient to remove the structures for the purpose of release of the properties to the owners pending a decision to acquire or release the properties. Moreover, due to financial stringency, it is not possible either to acquire the properties or take up large scale construction programmes in the immediate future to enable Government to release the requisitioned properties. It is, therefore necessary to keep the properties under continued requisition for a longer period. 3. Under the Act compensation once fixed cannot be revised during the entire period of requisitioning, as it is based on the rent that the requisitioned property would have fetched if it had been leased out on the date of requisitioning. But, the position has greatly changed now because rent for urban properties has increased serveralfold and similarly the present annual produce of agricultural land is any times more than it was years ago. It is, therefore, felt that it will be fair to the owners if the amount of compensation is revised quinquennially with reference to the circumstances prevailing at the time of such revision and that the proposed revision will lessen the pressure from the owners for de-requisitioning or acquiring of their properties. 4. In the circumstances, it is necessary to amend the Act so as to extend by five years, the existiing maximum period for which properties may be retained under requisition and to provide for quinquennial revision of the recurring part of compensation. 5. The Bill seeks to achieve the above objects -S.O.R. Gaz. of Ind., 20-2-1975, Pt. II, section 2, Ext., p. 3. VIII Amendment Act 44 of 1977.- On the expiry of the Defence of India Act on 26th September, 1977, (i.e. six months from the date of revocation of the Proclamation of Emergency issued on the 3rd December, 1971), the properties which were requisitioned under section 23 of that Act and the properties which were originally requisitioned under the Defence of India Act, 1962, and deemed to have been requisitioned under S.33 of the Defence of India Act, 1971. would have ceased to be under requisition. As the Miinistry of Defence considered it necessary to keep all these properties under requisition even after the 26th September, 1977, for purposes connected with the defence of the country and as Parliament was not in session, the Requisitioning and Acquisition of Immovable Property (Amendment) Ordinance, 1977. was promulgated by the Vice-President discharging the functions of the President on the 23rd September, 1977. The Ordinance amended the Requisitioning and Acquisition of Immovable Property Act, 1952, to provide that the aforementioned properties shall be deemed to have been requisitioned under that Act. 2. The Bill seeks to replace the aforesaid Ordinance -S.O.R. Gaz. of Ind.. 16-11-1977, Pt. II, section 2. Ext., p. 569. IX Act 35 of 1980.- According to the provisions of the Requisitioning and Acquisition of Immovable Property Act. 1952 as these existed immediately before the amendment of the Act by Ordinance No. I of 1980, all the properties, which were requisitioned prior to the amendment of the aforesaid Act in 1970, were required to be released from requisition or acquired by the 10th of March, 1980. However, it was found that a large number of these properties are required to be retained by the Ministry of Defence or by the Ministry of Works and Housing and other Ministries beyond 10th March. 1980, for public purposes. In the case of Ministry of Defence, their difficulties in either releasing or acquiring the requisitioned properties which include land are mainly due to strategic reasons and lack of funds for acquiring the land. Now a phased programme for acquiring these properties within a period of three to five years is under contemplation of that Ministry. Similarly, in the case of Ministry of Works and Housing the need to continue the properties under requisition beyond the aforesaid date stems from the utter inadequacy of office accommodation for various Ministries/Departments. It was therefore decided to extend the maximum period for which properties could be retained under requisition by a period of five years. 2. The amendment made in the parent Act in 1975 provided for revision of recurring part of compensation in respect of properties which were under requisition for a period of five years or more preceding the commencement of the aforesaid amendment. In order to avoid hardship to the owners whose properties are under requisition it was considered necessary to provide for one more revision of the above referred to part of the compensation. 3. In the circumstances stated above, the Act was amended through the Requisitioning and Acquisition of Immovable Property (Amendment) Ordinance, 1980 (I of 1980), so as to extend the period for which the properties could be retained under requisition by five years and to provide for one more revision of the recurring part of compensation. 4. This Bill seeks to replace the aforesaid Ordinance with a minor modification seeking to substitute sub-section (3) of section 22 of the Act by the provision recommended by the Committee on Subordinate Legislation in relation to the laying of rules before Parliament. -Gaz. of Ind., 133-80, Pt. II, section 3, Ext" p. 273. X Act 20 of 1985.- According to the provisions of the Requisitioning and Acquisition of Immovable Property Act. 1952, as these existed immediately before the amendment of the Act by Ordinance No. 2 of 1985, all the properties, which were requisitioned prior to the amendment of the aforesaid Act in 1970, were required to be released from requisition or acquired by the 10th March, 1985, However, it was found that some of the properties requisitioned under the above Act arc required to be retained by the Ministry of Defence, Ministry of Works and Housing and also some other Ministry\\Departments and Delhi Administration for public purposes. Although Government is expeditiously implementing the policy of acquiring or releasing from requisition the requisitioned properties, a number of them are expected to be needed by the Government even after the 10th March, 1985, for public purposes. The Ministry of Defence is taking action for either releasing or acquiring the requisilioned properties (including land). Similarly, in the case of Ministry of Works and Housing the need to continue the properties under requisition beyond the aforesaid date is due to shortage of office accommodation for various Ministry/Departments and also due to a few cases being under adjudication by courts of law. The Ministry of Works and Housing has constructed a new office building in Calcutta for the Government offices located in requisitioned properties and, therefore, most of the requisitioned properties in Calcutta are expected to be released from requisition shortly. An office building is nearing completion in New Bombay also and the same is likely to be allotted as alternative accommodation to the eligible offices located in requisitioned properties. It was therefore, decided to extend the maximum period for which properties could be retained under requisition by a period of two years. 2. The amendments made in the parent Act in 1975 and 1980 provided for revision of recurring part of compensation in respect of properties which were under requisition prior to the 7th March, 1975 or requisitioned thereafter. The existing provision in the Act for revision of recurring part of compensation in respect of properties requisitioned on or before the 6th March, 1975 would take care of the period of retention of such properties proposed to be extended now. However, in respect of properties requisitioned after the 6th March, 1975, it is necessary to provide for one more revision of the above referred to part of the compensation. 3. In the circumstances stated above, the Act was amended through the Requisitioning and Acquisition of Immovable Property (Amendment) Ordinance, 1985 (2 of 1985) so as to extend the period for which the properties could be retained under requisition by two years and to provide for revision of the recurring part of the compensation. 4. The Bill seeks to replace the aforesaid Ordinance.-Gaz.of lnd., 19-385,Pt.II,section2,Ext"p.3(No. II). 1. Short title, extent and duration :(1) This Act may be called the Requisitioning and Acquisition of Immovable Property Act, 1952. (2) It extends to the whole of India except the State of Jammu and Kashmir. 1 [(3) * * * * * *] 1. Sub-section (3), which was earlier substituted by Act 48 of 1963 has been omitted by the Requisitioning and Acquisition of lmmovable Property (Amendment) Act, 1970 (1 of l970), section 2 (ll-3-1970). 2. Definitions :In this Act, unless the context otherwise requires,(a) "award" means any award of an arbitrator made under section 8; (b) "competent authority" means any person or authority authorised by the Central Government, by notification in the Official Gazette, to perform the functions of the competent authority under this Act for such area as may be specified in the notification; (c) "landlord" means any person who for the time being is receiving or is entitled to receive, the rent of any premises, whether on his own account, or on account or on behalf or for the benefit, of any other person or as a trustee, guardian or receiver for any other person, or who would so. receive the rent or be entitled to receive the rent if the premises were let to a tenant; (d) the expression "person interested", in relation to any property, includes all persons claiming, or entitled to claim, an interest in the compensation payable on account of the requisitioniing or acquisition of that property under this Act; (e) "premises" means any building or part of a building and includes(i) the garden, grounds and outhouses, if any, appertaining to such building or part of a building; (ii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof; (f) "prescribed" means prescribed by rules made under this Act; (g) "property" means immovable property of every kind and includes any rights in or over such property; (h) "tenant" means any person by whom or on whose account rent is payable for any premises and includes such sub-tenants and other persons as have derived title under the tenant under any law for the time being in force. 3. Power to requisition immovable property :(1) Where the competent authority is of opinion that any property is needed or likely to be needed for any public purpose, being a purpose of the Union, and that the property should be requisitioned, the competent authority-(a) shall call upon the owner or any other person who may be in possession of the property by notice in writing (specifying therein the purpose of the requisition) to show cause, within fifteen days of the date of the service of such notice on him, why the property should not be requisitioned; and (b) may, by order, direct that neither the owner of the property nor any other person shall, without permission of the competent authority, dispose of, or structurally alter, the property or let it out to a tenant until the expiry of such period, not exceeding two months, as may be specified in the order. (2) If, after considering the cause, if any, shown by any person interested in the property or in possession thereof, the competent authority is satisfied that it is necessary or expedient so to do, it may. by order in writing, requisition the property and may make such further orders as appear to it to be necessary or expedient in connection with the requisitioning : Provided that no property or part thereof(a) which is bona tide used by the owner thereof as the residence of himself or his family, or (b) which is exclusively used either for religious worship by the public or as a school, hospital. public library or an orphanage or for the purpose of accommodation of persons connected with the management of such place of worship or such school, hospital, library or orphanage, shall be requisitioned: Provided further that where the requisitioned property consists of premises which are being used as a residence by a tenant for not less than two months immediately preceding the date of the service of notice under subsection (1), the competent authority shall provide such tenant with alternative accommodation which, in its opinion, is suitable. 4. Power to take possession of requisitioned property :(1) Where any property has been requisitioned under section 3 , the competent authority may. by notice in writing, order the owner as well as any other person who may be in possession of the property to surrender or deliver possession thereof to the competent authority or any person duly authorised by it in this behalf within thirty days of the service of the notice. (2) If any person refuses or fails to comply with an order made under sub-section (1), the competent authority may take possession of the property and may, for that purpose, use such force as may be necessary. ' 5. Rights over requisitioned property :(1) All property requisitioned under section 3 , shall be used for such purposes as may be mentioned in the notice of requisition. (2) Where any premises are requisitioned under section 3 , the competent authority may order the landlord to execute such repairs as may be necessary and are usually made by landlords in that locality and as may be specified in the notice, within such reasonable time as may be mentioned therein, and if the landlrod fails to execute any repairs in pursuance of such order, the competent authority may cause the repairs specified in the order to be executed at the expense of the landlord and the cost thereof may, without prejudice to any other mode of recovery, be deducted from the compensation payable to the landlord. 6. Release from requisitioning :(1) The Central Government may at any time release from requisition any property requisitioned under this Act and shall, as far as possible, restore the property in as good a condition as it was when possession thereof was taken subject only to the changes caused by reasonable wear and tear and irresistible force : Provided that where the purposes for which any requisitioned property was being used cease to exist, the Central Government shall, unless the property is acquired under section 7 , release that property, as soon as may be, from requisition. 1(1-A) Notwithstandiing anything contained in sub-section (1), the Central Government shall release from requisition,(a) any property requisitioned or deemed to be requisitioned under this Act before the commencement of Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1970, on or before the expiry of a period of 2[seventeen years] from such commencement; (b) any property requisitioned under this Act after such commencement, on or before the expiry of a period of 2[seventeen years] from the date on which possession of such property was surrendered or delivered to, or taken by, the competent authority under section 4 , unless such property is acquired under section 7 within the period of 2[seventeen years] aforesaid.] (2) Where any property is to be released from requisition, 5 [under sub-section (1) or under subsection (1-A)] the competent authority may, after such inquiry, if any, as it may in any case consider necessary to make or cause to be made, specify by order in writing the person to whom possession of the property shall be given and such possession shall, as far as practicable, be given to the person from whom possession was taken at the time of the requisition or to the successors-in-interest of such person. (3) The delivery of possession of the property to the person specified in an order under sub-section (2) shall be a full discharge of the Central Government from all liability in respect of the property, but shall not prejudice any rights in respect of the property which any other person may be entitled by due process of law to enforce against the person to whom possession of the property is given. (4) Where any person to whom possession of any requisitioned property is to be given is not found and has no agent or other person empowered to accept delivery on his behalf, the competent authority shall cause a notice declariing that the property is released from requisition to be affixed on some conspicuous part of the property and shall also publish the notice in the Official Gazette. (5) When a notice referred to in sub-section (4) is published in the Official Gazette, the property specified in such notice shall cease to be subject to requisition on and from the date of such publication and shall be deemed to have been delivered to the person entitled to possession thereof and the Central Government shall not beliable for any compensation or other claim in respect of the property for any period after the said date. (6) Where any property requisitioned under this Act or any material part thereof is wholly destroyed or rendered substantially and permanently unfit for the purpose for which it was requisitioned by reason of fire, earthquake, tempest, flood or violence of any army or of a mob or other irresistible force, the requisition shall, at the option of the Central Government, be void : Provided that the benefit of this sub-section shall not be available to the Central Government where the injury to such property is caused by any wrongful act or default of that Government. 1. Inserted by the Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1970 (1 of 1970). section 3 (11-31970). 2. Substituuted for the words "fifteen years" by the Requisitioning and Acquisition of Immovable Property (Amendment) Act,(20 of 1985), section 2 (w.r.e.f. 8-3-85). 5. Inserted, by the Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1970. 7. Power to acquire requisitioned property :(1) Where any property is subject to requisition. the Central Government may, if it is of opinion that it is necessary to acquire the property for a public purpose, at any time acquire such property by publishing in the Official Gazette a notice to the effect that the Central Government has decided to acquire the property in pursuance of this section : Provided that before issuing such notice, the Central Government shall call upon the owner of, or any other person who, in the opinion of the Central Government, may be interested in, such property to show cause why the property should not be acquired; and after considering the cause, if any, shown by any person interested in the property and after giving the parties an opportunity of being heard, the Central Government may pass such orders as it deems fit. (2) When a notice as aforesaid is published in the Official Gazette, the requisitioned property shall, on and from the beginning of the day on which the notice is so published, vest absolutely in the Central Government free from all encumbrances and the period of requisition of such property shall end. (3) No property shall be acquired under this section except in the following circumstances, namely;(a) Where any works have, during the period of requisition, been constructed on, in or over, the property wholly or partially at the expense of the Central Government and the Government decides that the value of, or the right to use, such works should be secured or preserved for the purposes of Government; or (b) where the cost of restoring the property to its condition at the time of its requisition would, in the determination of the Central Government, be excessive and the owner declines to accept release from requisition of the property without payment of compensation for so restoring the property. (4) Any decision or detrmination of the Central Government under sub-section (3) shall be final and shall not be called in question in any Court. (5) For the purposes of clause (a) of sub-section (3) "works" includes buildings, structures and improvements of every description. 8. Principles and method of determining compensation :(1) Where any property is requisitioned or acquired under this Act, there shall be paid compensation the amount of which shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say.(a) where the amount of compensation can be Fixed by agreement, it shall be paid in accordance with such agreement; (b) where no such agreement can be reached, the Central Government shall appoint as arbitrator a person who is, or has been, or is qualified for appointment as, a Judge of a High Court; (c) the Central Government may, in any particular case, nominate a person having expert knowledge as to the nature of the property requisitioned or acquired to assist the arbitrator and where such nomination is made, the person to be-compensated may also nominate 5n assessor for the same purpose; (d) at the commencement of the proceedings before the arbitrator, the Central Government and the person to be compensated shall state what in their respective opinion is a fair amount of compensation. (e) the arbitrator shall, after hearing the dispute, make an award determining the amount of compensation which appears to him to bejust and specifying the person or persons to whom such compensation shall be paid; and in making the award, he shall have regard to the circum stances of each case and the provisions of sub-sections (2) and (3), so far as they are applicable; (f) where there is any dispute as to the person or persons who are entitled to the compensation, the arbitrator shall decide such dispute and if the arbitrator finds that more persons than one arcentitled to compensation, he shall apportion the amount thereof amongst such persons; (g) nothing in the Arbitration Act, 1940 shall apply to arbitrations under this section. (2) 1[The amount of compensation payable for the requisitioning of any property shall, subject to the provisions of sub-sections (2A) and (2B), consist of-] (a) a recurring payment, in respect of the period of requisition, of a sum equal to the rent which would have been payable for the use and occupation of the property, if it had been taken on lease for that period; and (b) such sum or sums, if any, as may be found necessary to compensate the person interested for all or any of the following matters, namely :(i) pecuniary loss due to requisitioning; (ii) expenses on account of vacating the requisitioned premises; (iii) expenses on account of reoccupying the premises upon release from requisition; and (iv) damages (other than normal wear and tear) caused to the property during the period of requisition, including the expenses that may have to be incurred for restoring the property to the condition in which it was at the time of requisition. 2[(2A) The recurring payment, referred to in clause (a) of subsection (2), in respect of any property shall, unless the property is sooner released from requisition under section 6 or acquired under section 7 , be revised in accordance with the provisions of subsection (2B)(a) in a case where such property has been subject to requisition under this Act for the period of five years or a longer period immediately preceding the commencement of the Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1975(i) first with effect from the date of such commencement, and 3[(ii) secondly with effect from the expiry of five years, thirdly with effect from the expiry often years, from such commencement;] (b) in a case where such property has been subject to requisition under this Act immediately before such commencement for a period shorter than five years and the maximum period within which such property shall, in accordance with the provisions of sub-section (1A) of section 6 , be released from requisition or acquired, extends beyond five years from such commencement,(i) first with effect from the date of expiry of five years from the date on which possession of such property has been surrendered or delivered to, or taken by, the competent authority under section 4 , and 1[(ii) secondly with effect from the date of expiry of five years, and thirdly with effect from the date of expiry often years, from the date on which the revision made under sub-clause (i) takes effect;] 3[(c) in any other case,"(i) first with effect from the date of expiry of five years from the date on which possession of such property has been surrendered or delivered to, or taken by, the competent authority under section 4 , and [(ii) secondly with effect from the date of expiry of five years, and thirdly with effect from the date of expiry of ten years, from the date on which the revision under sub-cl, (i) takes effect.] (2B) The recurring payment in respect of any property shall be revised by re-determining such payment in the manner and in accordance with the principles set out in sub-section (1) read with clause (a) of sub-section (2), as if such property had been requisitioned under this Act on the date with effect from which the revision has to be made under sub-section (2A).] 6 [(3) The compensation payable for the acquisition of any property under section 7 shall be the price which the requisitioned property would have fetched in open market, if it had remained in the same condition as it was at the time of requisitioning and been sold on the date of acquisition.] 1. Substituted for the words "The amount of compensations payable for the requisitioning of any property shall consist of" by the Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1975 (2 of 1975). S. 3 (7-3-1975). 2. Inserted, for the words "The amount of compensations payable for the requisitioning of any property shall consist of" by the Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1975 (2 of 1975). S. 3 (7-3-1975). 3. Substituted, for the words "The amount of compensations payable for the requisitioning of any property shall consist of" by the Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1975 (2 of 1975). S. 3 (7-3-1975). (35 of 1980), S. 3 (w.r.e.f. 7-3-80). 6. Substituted, for the words "The amount of compensations payable for the requisitioning of any property shall consist of" by the Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1975 (2 of 1975). S. 3 (7-3-1975). 1968 (31 of 1968), S. 2 (9-8-1968). 9. Payment of compensation :The amount of compensation payable under an award shall, subject to any rules made under this Act, be paid by the competent authority to the person or persons entitled thereto in such manner and within such time as may be specified in the award. 10. Appeals from Orders of requisitioning :(1) Any person aggrieved by an order of requisition made by the competent authority under sub-section (2) of section 3 may, within twenty-one days from the date of service of the order, prefer an appeal to the Central Government : Provided that the Central Government may entertain the appeal after the expiry of the said period of twenty-one days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) On receipt of an appeal under sub-section (1), the Central Government may, after calling for a report from the competent authority and giving an opportunity to the parties of being heard and after making such further inquiry, if any, as may be necessary, pass such orders as it thinks fit and the order of the Central Government shall be final. (3) Where an appeal is preferred under sub-section (1), the Central Government may stay the enforcement of the order of the competent authority for such period and on such conditions as it thinks fit. 11. Appeals from awards in respect of compensation :Any person aggrieved by an award of the arbitrator made under section 8 may, within thirty days from the date of such award, prefer an appeal to the High Court within whose jurisdiction the requisitioned or acquired property is situate : Provided that the High Court may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 12. Competent authority and arbitrator to have certain powers of civil courts :The competent authority and the arbitrator appointed under section 8, while holding an inquiry or, as the case may be, arbitration proceedings under this Act, shall have all the powers of a civil court, while trying a suit, under the Code of Civil Procedure, 1908 in respect of the following matters, namely :(a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) reception of evidence on affidavits: (d) requisitioning any public record from any court or office; (e) issuing commissions for examination of witnesses. 13. Power to obtain information :The Central Government or the competent authority may, with a view to carrying out the purposes of section 3 or Section 6 , or section 7 , or section 8 , by order require any person to furnish to such officer, as may be specified in the order, such information in his possession as may be specified relating to any property which is requisitioned or acquired, or intended to be requisitioned or acquired, under this Act. 14. Power to enter and inspect :The competent authority or any officer, empowered in this behalf by such authority by general or special order, may enter and inspect any property for the purposes of determining whether, and if so, in what manner, an order under this Act should be made in relation to such property or with a view to securing compliance with an order made under this Act. 15. Service of notice and orders :(1) Subject to the provisions of this section and any rules that may be made under this Act, every notice or order issued or made under this Act shall,(a) in the case of any notice or order of a general nature or affecting a class of persons, be published in the Official Gazette; and (b) in the case of any notice or order affecting an individual, corporation or firm be served in the manner provided for the service of summons in Rule 2 of Order XXIX or Rule 3 of Order XXX. as the case may be, in the First Schedule of the Code of Civil Procedure, 1908 ; and (c) in the case of any notice or order affecting an individual person (not being a corporation or firm), be served on such person(i) by delivering or tendering it to that person; or (ii) if it cannot be so delivered or tendered, by delivering or tendering it to any officer or such person or any adult male member of the family of such person, or by affixing a copy thereof on the outer door or on some conspicuous part of the premises in which that person is known to have last resided or carried on business or personally worked for gain; or failing service by these means, (iii) by post. (2) Where the ownership of the property is in dispute or where the persons interested in the property are not readily traceable and the notice or order cannot be served without undue delay, the notice or order may be served by publishing it in the Official Gazette, and where possible, by affixing a copy thereof on any conspicuous part of the property to which it relates. 16. Easement not to be disturbed :No person interested in any property requisitioned or acquired under this Act shall, without the previous written consent of the comeptent authority or except for the purposes of effecting repairs or complying with a municipal requirement, wilfully disturb any convenience or easement attached to such property or remove, destroy or render unserviceable anything provided for permanent use therewith or discontinue or cause to be discontiuned any supply or service provided for the property. 17. Delegation of powers :(1) The Central Government may, by notification in the Official Gazette, direct that the powers exercisable by it 1[* * *] under this Act shall, in such circumstances and under such conditions, if any, as may be specified in the notification, be exercisable also by an officer subordinate to that Government or 2 [by the State Government or by an officer subordinate to the State Government.] (2) All notifications issued under sub-section (1) shall be laid, as soon as may be, before Parliament. 1. The words "by or" were omitted by the Repealing and Amending Act, 1953 (42 of 1953),S.4andSch. 111(23-12- 1953). 2. Substituted for the words "the State Government", "by or" were omitted by the Repealing and Amending Act, 1953 (42 of 1953),S.4andSch. 111(23-12- 1953). 18. Protection of action taken in good faith :(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any order made thereunder. (2) No suit or other legal proceeding shall lie against the Central Government or the competent authority for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any order made thereunder. 19. Bar of jurisdiction of civil courts :Save as otherwise expressly provided in this Act, no civil court shall have jurisdiction in respect of any matter which the competent authority or arbitrator is empowered by or under this Act to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act. 20. Penalty for offences :Whoever contravenes any provision of this act or any rule made thereunder, or any order made or direction given under this Act, or obstructs the lawful exercise of any power conferred by or under this Act, shall bepunishable with fine which may extend to one thousand rupees. 21. Certain persons to be public servants :The competent authority, every arbitrator and every officer empowered by the Central Government or the competent authority, while exercising any power or-performing any duty under this Act, shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code, 1860 . 22. Power to make rules : (1) The Central Government may, by notification in the Official Gazette, make rules' for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :(a) the procedure to be followed by the competent authority in making inquiries under section 3 or section 6 ; (b) the procedure to be followed in arbitration proceedings and appeals under this Act; (c) the principles to be followed in determining the amount of compensation and method of payment of such compensation; (d) the principles to be followed in apportioning the cost of proceedings before the arbitrator and on appeal under this Act; (e) the manner of service of notices and orders; (f) any other matter which has to be, or may be, prescribed. 1 [(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and, if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be: so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Rule 1 1. Substituted by Requisitioning and Acquisition of Immovable Property (Amendment) Act (35 of 1980), S. 4. 23. Validation of certain requisitions and acquisitions :(1) 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 25th day of January. 1952, was used or occupied by the Central Government or by an officer or authority subordinate to that Government shall, as from that date, be deemed to be property duly requisitioned under section 3 of this Act, and every such requisition shall, notwithstanding any judgment, decree or order of any Court, be deemed always to have been valid as if this Act had been in force on and from the date of the requisition and the requisition had been duly made by a competent authority under this Act, and all the provisions of this Act shall apply accordingly : Provided that all agreements and awards for the payment of compensation in respect of any such property for any period of requisition before the 25th day of January, 1952 and in force immediately before that date shall be valid and shall be deemed always to have been valid and 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 that date. (2) Every acquisition of immovable property purporting to have been made before the commencement of this Act by a State Government for any public purpose, being a purpose of the Union, under any enactment for the time being in force in that State and which, immediately before such commencement, was used or occupied by the Central Government or by an officer or authority subordinate to that Government shall, notwithstanding any defect in, or invalidity of, the enactment or order under which the acquisition was made, be deemed for all purposes to have been validly made as if the provisions of the said enactment or order had been included and enacted in this section and this section had been in force on and from the date of the acquisition. 24. Repeals and savings :(1) The Requisitioned Land (Continuance of Powers) Act, 1947, the Delhi Premises (Requisition and Eviction) Act, 1947 and the Requisitioning andAcquisition of lmmovable Property Ordinance, 1952 are hereby repealed. (2) For 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 or the said Ordinance shall, on the commencement of this Act, be deemed to be property requisitioned under section 3 of this Act, and all the provisions of this Act shall apply accordingly : Provided that(a) all agreements and awards for the payment of compensation in respect of any such property for any period of requisition before the commencement of this Act and in force immediately before such commencement, 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; (b) anything done or any action taken (including any orders, notifications or rules made or issued) in exercise of the powers conferred by or under either of the said Acts or the said Ordinance 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 Act was in force on the day on which such thing was done or action was taken 25. Special provision as to certain requisitions under Act 51 of 1962 :(1) Notwithstanding anything contained in this Act, any immovable property requisitioned by the Central Government or 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 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 requisitioied 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 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 order, 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 VI 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 rule made thereunder, in so far as those provisions relate to the requisitioning of any such immovable property as is refeirred to in sub-section (1), shall 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.] 26. Special provision as to certain requisitions under Act 42 of 1971 :(1) 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 to 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 (ii) 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 inrespect of any property so deemed to have been requisitioned under thisAct 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 reaped 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, as from the 21st March 1977, 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. Explanation.- In this section "appointed day" means the 23rd September, 1977.]