[Act
10 of 1870]????? [1st
April, 1870] Repealed
by Act 1 of 1894 Passed by the Governor
General of India in Council. (Received the assent of the Governor
General on the 1st April 1870). An Act for the acquisition of land
for public purposes and for Companies. Whereas it is expedient to
consolidate and amend the law for the acquisition of land needed for public
purposes and for Companies, and for determining the amount of compensation to
be made on account of such
acquisition; It is hereby enacted as follows:? PART I Preliminary This Act may be called ? The
Land Acquisition Act, 1870:? Local extent.It extends to the whole
of British India; Commencement.And it shall come into
force on the first clay of June 1870. On and from such clay Act No. VI of
1857 (for the acquisition of land for public purposes), Act No. II of 1861 (to
amend Act No. VI of 1857), and Act No. XXII of 1863 (to provide for taking
land for works of public utility to be constructed by private persons or
Companies and for regulating the construction and use of works on land so
taken) shall be repealed. All references made to any of the
said Acts in-subsequent Acts, orders or contracts shall be read as if made to
this Act. In this Act? The expression ?land? includes
benefits to arise out of land, and things attached to the earth or permanently
fastened to anything attached to the earth: ?Person interested?.The expression ?person
interested? includes all persons claiming an interest in compensation to be
made on account of the acquisition of land under this Act: ?Collector.?.The expression
?Collector? means the Collector of a District, and includes a Deputy
Commissioner and any officer specially appointed by the Local Government to
perform the functions of a Collector under this Act: ?Court?.The expression ?Court?
means, in the Regulation Provinces, British Burma and Sindh, a principal Civil
Court of original jurisdiction, and in the Non-regulation Provinces other than
British Burma and Sindh, the Court of a Commissioner of a Division, unless when
the Local Government has appointed (as it is hereby empowered to do), either
specially for any case, or generally within any specified local limits, a
judicial officer to perform the functions of a Judge under this Act, and then
the expression ?Court? means the Court of such officer: ?Company?.The expression
?Company? means a Company registered under the Indian Companies' Act, 1866, or
formed in pursuance of an Act of Parliament, or by Royal Charter or Letters
Patent; ?Entitled to act?.And the following
persons shall be deemed persons ?entitled to act? as and to the extent
hereinafter provided (that is to say)? trustees for other persons
beneficially interested shall be deemed the persons entitled to act with
reference to any such case, and that to the same extent as the persons
beneficially interested could have acted if free from disability: a married woman, in cases to which
the English law is applicable, shall be deemed the person so entitled to act,
and, whether of full age or not, to the same extent as if she were unmarried
and of full age; and the guardians of minors and the
committees of Lunatics or idiots shall be deemed respectively the persons so
entitled to act, to the same extent as the minors, lunatics, or idiots
themselves, if free from disability, could have acted. PART
II Acquisition Preliminary
Investigation Whenever it appears to the Local
Government that land in any locality is likely to be needed for any public
purpose, a notification to that effect shall be published in the local Gazette,
and the Collector shall cause public notice of the substance of such
notification to be given at convenient places in the said locality. Thereupon it shall be lawful for any
officer either generally or specially authorized by such Government in this
behalf, and for his servants and workmen, to enter upon and survey and take
levels of any land in such locality: to dig or bore into the sub-soil: to do all other acts necessary to
ascertain whether the land is adapted for such purpose: Power to mark out line.to set out the
boundaries of the land proposed to be taken and the intended line of the work
(if any) proposed to be made thereon: to mark such levels, boundaries and
line by placing marks and cutting trenches; Power to clear land.and, where otherwise
the survey cannot be completed and the levels taken and the boundaries and line
marked, to cut down and clear away any part of any standing crop, fence or
jungle. Previous notice of entry.Provided that no person
shall enter into any building or upon any enclosed court or garden attached to
a dwelling-house (unless with the consent of the occupier thereof) without
previously giving such occupier at least seven clays' notice in writing of his
intention to do so. The officer so authorized shall at
the time of such entry pay or tender payment for all necessary damage to be
done as aforesaid, and in case of dispute as to the sufficiency of the amount
so paid or tendered, he shall at once refer the dispute to the decision of the
Collector, and such decision shall be final. Declaration
of intended Acquisition Subject to the provisions of Part
VII of this Act, whenever it appears to the Local Government that any
particular land is needed for a public purpose, or for a Company, a declaration
shall be made to that effect under the signature of a Secretary to such
Government or of some officer duty authorized to certify its orders: Provided that no such declaration
shall be made unless the compensation to be awarded for such property is to be
paid out of public revenues, or out of some Municipal Fund, or by a Company. Contents of declaration.The declaration shall
be published in the local official Gazette and shall state the District or
other territorial division in which the land is situate, the purpose for which
it is needed, its approximate area, and, where a plan shall have been made of
the land, the place where such plan may be inspected. Declaration to be evidence.The said declaration
shall be conclusive evidence that the land is needed for a public purpose or
for a Company, as the case may be; and after making such declaration, the Local
Government may acquire the land in manner hereinafter appearing. Whenever any land shall have been so
declared to be needed for a public purpose, or for a Company the Local
Government, or some officer authorized by the Local Government in this behalf,
shall direct the Collector to take order for the acquisition of the land. The Collector shall thereupon cause
the land (unless it has been already marked out under section four) to be
marked out. He shall also cause it to be measured, and (if no plan has been
made thereof) a plan to be made of the same. The Collector shall then cause
public notice to be given at convenient places on or near the land to be taken,
stating that the Government intends to take possession of the land, and that
claims to compensation for all interests in such land may be made to him. Contents of notice.Such notice shall state
the particulars of the land so needed and shall require all persons interested
in the land to appear personally or by agent before the Collector at a time and
place therein mentioned (such time not being earlier than fifteen clays after
the date of publication of the notice) and to state the nature of their
respective interests in the land and the amount and particulars of their claims
to compensation for such interests. Notice to occupiers.The Collector shall
also serve notice to the same effect on the occupier (if any) of such land and
on all such persons known or believed to be interested therein, or to be
entitled to act for persons so interested, as reside, or have agents authorized
to receive service on their behalf, within the Revenue District in which the
land is situate. In case any person so interested
resides elsewhere, and has no such agent, the notice shall be sent to him by
post. The Collector may also require any
such person to deliver to him a statement containing, so far as may be
practicable, the name of every other person possessing any interest in the land
or any part thereof as co-proprietor, sub-proprietor, mortgagee, tenant or
otherwise, and of the nature of such interest, and of the rents and profits (if
any) received or receivable on account thereof for the year next preceding the
date of the statement. Persons required to make statements
to be deemed legally bound to do so.Every person required to make or deliver a statement
under this section or section nine, shall be deemed to be legally bound to do
so within the meaning of sections one hundred and seventy-five and one hundred
and seventy-six of the Indian Penal Code. Enquiry
into Value and Claims On the day so fixed, the Collector
shall proceed to enquire summarily into the value of the land and to determine
the amount of compensation which in his opinion should be allowed therefor, and
shall tender such amount to the persons interested who have attended in
pursuance of the notice. Power to summon witnesses.For the purpose of such
enquiry, the Collector shall have power to summon and enforce the attendance of
witnesses and to compel the production of documents by the same means and (as
far as may be) in the same manner as is provided in the case of a Civil Court
under the Code of Civil Procedure. The Collector may, if no claimant
attends pursuant to the notice, or if for any other cause he thinks fit, from
time to time postpone the enquiry to a day to be fixed by him. In determining the amount of
compensation the Collector shall take into consideration the matters mentioned
in section twenty-four and shall not take into consideration any of the matters
mentioned in section twenty-five. Award
by Collector If the Collector and the persons
interested agree as to the amount of compensation to be allowed, the Collector
shall make an award under his hand for the same. Award to filed and to be evidence.Such award shall be
filed in the Collector's office and shall be conclusive evidence, as between
the Collector and the persons interested, of the value of the land and the
amount of compensation allowed for the same. When the Collector proceeds to make
the enquiry as aforesaid, whether on the day originally fixed for the enquiry
or on the day to which it may have been postponed, if no claimant attends, or
if the Collector considers that further enquiry as to the nature of the claim
ought to be made by the Court, or if any person whom the Collector has reason
to think interested does not attend, or if the Collector is unable to agree
with the persons interested who have attended in pursuance of the notice as to
the amount of compensation to be allowed, or if upon the said enquiry any
question respecting the title to the land or any rights thereto or interests
therein arise between or among two or more persons making conflicting claims in
respect thereof, the Collector shall refer the matter to the determination of
the Court in manner hereinafter appearing. Taking
Possession When the Collector has made an award
under section fourteen or a reference to the Court under section fifteen, he
may take possession of the land, which shall thereupon vest absolutely in the
Government free from all encumbrances. In cases of urgency, whenever the
Local Government so directs, the Collector (though no such reference has been
directed or award made) may, on the expiration of fifteen days from the
publication of the notice mentioned in the first paragraph of section nine,
take possession of any waste or arable land needed for public purposes or for a
Company. Such land shall thereupon vest
absolutely in the Government free from all encumbrances. The Collector shall offer to the
persons interested compensation for the standing crops and trees (if any) on
such land; and in case such offer is not accepted, the value of such crops and
trees shall be allowed for in awarding compensation for the land under the
provisions herein contained. PART
III Reference
to Court and Procedure thereon In making a reference under section
fifteen, the Collector shall state for the information of the Court, in writing
under his hand, (a) the situation and extent
of the land needed, (b) the names of the persons
whom he has reason to think interested in such land, (c) the amount awarded for
damages and paid or tendered under sections five and seventeen, or either of
them, the amount of compensation tendered for the land under section eleven,
or, if no claimant has attended pursuant to the notice mentioned in section
nine, the amount of compensation which the Collector is willing to give to the
persons interested, and (d) the grounds on which the
amount of compensation was determined. The Court shall thereupon cause to
be served on each of the persons so named a notice requiring him (if he has not
made a claim under section nine) to state to the Court, on or before a day to
be therein mentioned, the sum which he claims as compensation for his interest
in the land so needed. The Court shall also cause a notice
to be served on the Collector and each of such persons requiring them to
appoint, on or before a day to be therein mentioned, two qualified assessors
(one to be nominated by the Collector and the other by the persons interested)
for the purpose of aiding the Judge in determining the amount of the
compensation. If no claimant has attended pursuant
to the notice mentioned in section nine, the Court shall cause to be affixed on
some conspicuous place on or near the land needed a notice to the effect that,
if the persons interested in such land do not, on or before a day to be therein
mentioned, appear in Court and state the nature of their respective interests in
the land and the amount and particulars of their claims to compensation, and
nominate a qualified assessor, the Court will proceed to determine such amount. In case of failure to nominate
either of such assessors within the time so specified, the Judge shall himself
appoint an assessor in his stead. As soon as the assessors have been
appointed, the Judge and the assessors shall proceed to determine the amount of
the compensation. If before such amount is determined,
any of the assessors dies or desires to be discharged, or refuses or neglects,
or becomes incapable to act, the party by whom he was appointed may appoint
some other qualified person to act in his place. If the assessor so dying, or
desiring to be discharged, or refusing, or neglecting or becoming incapable
were appointed by the Judge, or, in the case of an assessor appointed by either
party, if for the space of seven days after notice from the Court for that
purpose the party who appointed such assessor fails to appoint another, the
Judge shall appoint some other qualified person in his stead. Powers of new assessor.Every assessor so
substituted shall have the same powers as were vested in the former assessor at
the time of his so dying or desiring to be discharged, or refusing or
neglecting or becoming incapable. Every proceeding under section
twenty-one shall take place in open Court, and all persons entitled to practise
in any Civil Court shall be entitled to appear, plead and act, or to appear and
act (as the case may be), in such proceeding. In determining the amount of
compensation to be awarded for land acquired under this Act, the Judge and
assessors shall take into consideration? First, the market-value, at the time
of awarding compensation, of such land: Secondly, the damage (if any)
sustained by the person interested, at the time of awarding compensation, by
reason of severing such land from his other land: Thirdly, the damage (if any)
sustained by the person interested, at the time of awarding compensation, by
reason of the acquisition injuriously affecting his other property, whether
moveable or immoveable, in any other manner, or his earnings; and Fourthly, if, in consequence of the
acquisition, he is compelled to change his residence, the reasonable expenses
(if any) incidental to such change. But the Judge or assessors shall not
take into consideration? First, the degree of urgency which
has led to the acquisition: Secondly, any disinclination of the
person interested to part with the land acquired: Thirdly, any damage sustained by him
which, if caused by a private person, would not render such person liable to a
suit: Fourthly, any damage which, after
the time of awarding compensation, is likely to be caused by or in consequence
of the use to which the land acquired will be put: Fifthly, any increase to the value
of the land acquired likely to accrue from the use to which it will be put when
acquired: Sixthly, any increase to the value
of the other land of the person interested, likely to accrue from the use to
which the land acquired will be put; or Seventhly, any outlay or
improvements on such land made, commenced, or effected with the intention of
enhancing the compensation to be awarded therefor under this Act. Where the person interested has made
a claim to compensation, pursuant to any notice mentioned in section nine or in
section nineteen, the amount awarded to him shall not exceed the amount so
claimed, or be less than the amount tendered by the Collector under section
eleven. Where the person interested has
refused to make such claim, or has omitted without sufficient reason (to be
allowed by the Judge) to make such claim, the amount awarded may be less than,
and shall in no case exceed, the amount so tendered. Where the person interested has
omitted for a sufficient reason (to be allowed by the Judge) to make such
claim, the amount awarded to him shall not be less than, and may exceed, the
amount so tendered. The provisions of this and the two
preceding sections shall be read to every assessor, in a language which he
understands, before he gives his opinion as to the amount of compensation to be
awarded under this Act. The opinion of each assessor shall
be given orally and shall be recorded in writing by the Judge. In case of a difference of opinion
between the Judge and the assessors or any of them upon a question of law or
practice or usage having the force of law, the opinion of the Judge shall
prevail, and there shall be no appeal therefrom. In case the Judge and one or both of
the assessors agree as to the amount of compensation, their decision thereon
shall be final. In case of difference of opinion
between the Judge and both of the assessors as to the amount of compensation,
the decision of the Judge shall prevail, subject to the appeal allowed under
section thirty-five. Every assessor appointed under this
Act, not being an officer of Government, shall receive such fee for his
services as the Judge shall direct, provided that such fee shall not exceed
five hundred rupees. Such fee shall be deemed to be costs
in the proceeding. The costs of all proceedings taken
under this Part by order of the Court shall, in the first instance, be paid by
the Collector. Where the amount awarded does not
exceed the sum tendered by the Collector, the costs of all proceedings under
this Part shall be paid by the person interested. Where the amount awarded exceeds the
sum so tendered, such costs shall be paid by the Collector. Every award made under this Part
shall be in writing signed by the Judge and the assessors or assessor
concurring therein, and shall specify the amount awarded under the first clause
of section twenty-four, and also the amounts (if any) respectively awarded
under the second, third and fourth clauses of the same section, together with
the grounds of awarding each of the said amounts. Award to state amount of costs.It shall also state the
amount of costs incurred in the proceedings under this Part and by what persons
and in what proportions they are to be paid. Recovery of costs.The costs (if any)
payable by the person interested and not deducted under section forty-two may
be recovered as if they were costs incurred in a suit, and as if the award were
the decree therein. If the Judge differs from both the
assessors as to the amount of compensation, he shall pronounce his decision,
and the Collector or the person interested (as the case may be) may appeal
therefrom to the Court of the District Judge, unless the Judge whose decision
is appealed from is the District Judge, or unless the amount which the Judge proposes
to award exceeds five thousand rupees, in either of which cases the appeal
shall lie to the High Court. Every appeal under this section
shall be presented within the time and in manner provided by the Code of Civil
Procedure for regular appeals in suits. The following provisions of the Code
of Civil Procedure (a) as to adding parties, (b) as to adjournment, (c) as to death, marriage
and bankruptcy or insolvency of parties, (d) as to summoning witnesses
and their attendance, (e) as to examination of
parties and witnesses, (f) as to production, of
documents, and (g) as to commissions to
examine absent witnesses and to make local enquiries, shall apply, so far as
may be, to proceedings before the Court. PART
IV Apportionment
of Compensation Where there are several persons
interested, if such persons agree in the apportionment of the compensation, the
particulars of such apportionment shall be specified in the award, and as
between such persons the award shall be conclusive evidence of the correctness
of the apportionment. When the amount of compensation has
been settled under section fourteen, if any dispute arises as to the
apportionment of the same or any part thereof, the Collector shall refer such
dispute to the decision of the Court. When the amount of compensation has
been settled by the Court, and there is any dispute as to the apportionment
thereof, or when a reference to the Court has been made under section
thirty-eight, the Judge sitting alone shall decide the proportions in which the
persons interested are entitled to share in such amount. An appeal shall lie from such
decision to the High Court, unless the Judge whose decision is appealed from is
not the District Judge, in which case the appeal shall lie in the first
instance to the District Judge. Every appeal under this section
shall be presented within the time and in manner provided by the Code of Civil
Procedure for regular appeals in suits. PART V Payment Payment of the compensation shall be
made by the Collector according to the award to the persons named therein, or,
in the case of an appeal under section thirty-nine, according to the decision
on such appeal: Proviso.Provided that nothing
herein contained shall affect the liability of any person who may receive the
whole or any part of any compensation awarded under this Act, to pay the same
to the person lawfully entitled thereto. When the amount of the compensation
has been settled under section fourteen, if the persons interested shall so
desire, the Collector shall on the making of the said award pay the amount of
such compensation and take possession of the land: Provided that, in any case where
immediate possession is not required, he may allow the occupants (if any) of
the land to remain in occupation of the same, upon such terms as he and they
may agree on, until possession of the land is required. In addition to the amount of any
compensation awarded under Part II or Part III of this Act, the Collector
shall, in consideration of the compulsory nature of the acquisition, pay
fifteen per centum on the market-value mentioned in section twenty-four. Payment with interest.When the amount of such
compensation is not paid on taking possession, the Collector shall pay the
amount awarded and the said percentage with interest on such amount and
percentage at the rate of six per centum per annum from the time of so taking
possession: Provided that the costs, if any,
payable to the Collector by the person interested, shall be deducted from such
amount and percentage. Time of payment in appealable cases.Provided that, in cases
where the decision of the Court under Part III or Part IV of this. Act is
liable to appeal, the Collector shall not pay the amount of compensation or the
percentage, or any part thereof, until the time for appealing against such
decision has expired and no appeal shall have been presented against such
decision, or until any such appeal shall have been disposed of. PART
VI Temporary
Occupation of Land Subject to the provisions of Part
VII of this Act, whenever it appears to the Local Government that the temporary
occupation and use of any waste or arable land are needed for any public purpose,
or for a Company, the Local Government may direct the Collector to procurc the
occupation and use of the same for such term as it shall think fit, not
exceeding three years from the commencement of such occupation. The Collector shall thereupon give
notice in writing to the persons interested in such land of the purpose for
which the same is needed, and shall, for the occupation and use thereof for
such term as aforesaid, and for the materials (if any) to be taken therefrom,
pay to them such compensation, either in a gross sum of money, or by monthly or
other periodical payments, as shall be agreed upon in writing between him and
such persons respectively. Difference as to compensation.In case the Collector
and the persons interested differ as to the sufficiency of the compensation,
the Collector shall refer such difference for the final order of the Court. On payment of such compensation, or
on executing such agreement, or on making a reference under section
forty-three, the Collector may enter upon and take possession of the land, and
use or permit the use thereof in accordance with the terms of the said notice. Restoration of land taken.And on the expiration
of the term, the Collector shall make or tender to the persons interested
compensation for the damage (if any) done to the land and not provided for by
the agreement, and shall restore the land to the persons interested therein: Provided that, if the land has
become permanently unfit to be used for the purpose for which it was used
immediately before the commencement of such term, and if the persons interested
shall so require, the Local Government shall proceed under this Act to acquire the
land as if it was needed permanently for a public purpose or for a Company. In case the Collector and persons
interested differ as to the condition of the land at the expiration of the
term, or as to any matter connected with the said agreement, the Collector
shall refer such difference for the final order of the Court, and on such
reference, or on a reference under section forty-three, the Judge sitting alone
shall decide the difference referred. PART
VII Acquisition
of Land for Companies Subject to such rules as the
Governor General of India in Council may from time to time prescribe in this
behalf, the Local Government may authorize any officer of any Company desiring
to acquire land for its purposes to exercise the powers conferred by section
four. Construction of sections four and
five.In every such case
section four shall be construed as if, for the words ?for such purpose? the
words ?for the purposes of the Company? were substituted, and section five
shall be construed as if, after the words ?the officer,? the words ?of the
Company? were inserted. The provisions of section six to
section forty-five (both inclusive) shall not be put in force in order to
acquire land for any Company, unless with the previous consent of the Local
Government, and unless the Company shall have executed the agreement
hereinafter mentioned. Such consent shall not be given
unless the Local Government be satisfied, by an enquiry held as hereinafter
provided? (1) that such acquisition is
needed for the construction of some work, and (2) that such work is likely
to prove useful to the public. Such enquiry shall be held by such
officer and at such time and place as the Local Government shall appoint. Such officer may summon and enforce
the attendance of witnesses, and compel the production of documents by the same
means and, as far as possible, in the same manner as is provided by the Code of
Civil Procedure in the case of a Civil Court. Such officer shall report to the
Local Government the result of the enquiry, and if the Local Government is
satisfied that the proposed acquisition is needed for the construction of a
work, and that such work is likely to prove useful to the public, it shall,
subject to such rules as the Governor General of India in Council may from time
to time prescribe in this behalf, require the Company to enter into an
agreement with the Secretary of State for India in Council providing to the
satisfaction of the Local Government for the following matters, namely:? (1) The payment to
Government of the cost of the acquisition: (2) The transfer, on such
payment, of the land to the Company: (3) The terms on which the
land shall be held by the Company: (4) The time within which,
and the conditions on which, the work shall be executed and maintained; and (5) The terms on which the
public shall be entitled to use the work. Every such agreement shall, as soon
as may be after its execution, be published in the Gazette of
India and also in the local official Gazette, and shall thereupon (so far
as regards the terms on which the public shall be entitled to use the work)
have the same effect as if it had formed part of this Act. PART
VIII Miscellaneous Service of any notice under this Act
shall be made by delivering or tendering a copy thereof signed, in the case of
a notice under section four, by the officer therein mentioned, and, in the case
of any other notice, by or by order of the Collector or the Judge. Whenever it may be practicable, the
service of the notice shall be made on the person therein named. When such person cannot be found,
the service may be made on any adult male member of his family residing with
him; and if no such adult male member can be found, the notice may be served by
fixing the copy on the outer door of the house in which the person therein
named ordinarily dwells or carries on business. Whoever wilfully obstructs any
person in doing any of the acts authorized by section four or section eight, or
wilfully fills up, destroys, damages, or displaces any trench or mark made
under section four shall, on conviction before a Magistrate, be liable to
imprisonment for any term not exceeding one month, or to fine not exceeding
fifty rupees, or to both. If the Collector is opposed or
impeded in taking possession under this Act of any land, he shall, if a
Magistrate, enforee the surrender of the land to himself, and if not a
Magistrate, he shall apply to a Magistrate or (within the towns of Calcutta,
Madras and Bombay) to the Commissioner of Police, and such Magistrate or
Commissioner (as the case may be) shall enforce the surrender of the land to
the Collector. Except in the case provided for in
section forty-four, nothing in this Act shall be taken to compel the Government
to complete the acquisition of any land unless an award shall have been made or
a reference directed under the provisions hereinbefore contained. Compensation when acquisition is not
completed.But
whenever the Government declines to complete any such acquisition, the
Collector shall determine the amount of compensation due for the damage (if
any) done to such land under section four or section eight, and not already
paid for under section five, and shall pay such amount to the person injured. The provisions of this Act shall not
be put in force for the purpose of acquiring a part only of any house,
manufactory or other building, if the owner desire that the whole of such
house, manufactory or building shall be so acquired. Where the provisions of this Act are
put in force for the purpose of acquiring land at the cost of any Municipal
Fund, or of any Company, the charges incurred by the Collector in such
acquisition shall be defrayed from or by such Fund or Company. No award or agreement made under
this Act shall be chargeable with stamp-duty, and no person claiming under any
such award or agreementshall be liable to pay any fee for a copy of the same. No suit shall be brought to set
aside an award under this Act. Limitation of suits for any thing
done in pursuance of Act.And no suit or other proceeding shall be commenced or
prosecuted against any person for anything done in pursuance of this Act,
without giving to such person a month's previous notice in writing of the
intended proceeding, and of the cause thereof, nor after tender of sufficient
amends, nor after the expiration of three months from the accrual of the cause
of suit or other proceeding. The Local Government shall have
power to make rules consistent with this Act for the guidance of officers in
all matters connected with its enforcement, and may from time to time alter and
add to the rules so made. Publication of rules.All such rules,
alterations and additions shall, when sanctioned by the Governor General in
Council, be published in the local official Gazette, and shall thereupon have
the force of law.Land Acquisition Act, 1870 [Repealed]
PREAMBLE
Section 3. Interpretation-clause
?Land?.
Section 6. Declaration that land is
required for a public purpose.
Section 7. After declaration,
Collector to take order for acquisition.
Section 8. Land to be marked out and
measured and Plan.
Section 9. Notice to persons
interested.
Section 10. Power to require
statements as to names and interests.
Section 11. Enquiry into value and
amount of compensation and Tender.
Section 13. Matters to be considered
and matters to be neglected.?
Section 14. Award in case of agreement
as to compensation.
Section 15. Reference where no
claimant attends, or if Collector and persons in terested cannot agree.
Section 17. Power to take possession
in cases of urgency.
Section 18. Collector' statement on
reference to Court.
Section 20. Power to appoint an
assessor.
Section 22. Appointment of new
assessor.?
Section 23. Proceedings to be in
open Court.
Section 24. Matters to be considered
in determining compensation.
Section 25. Matters to be neglected
in determining compensation.
Section 26. Rules as to amount of
compensation.
Section 27. Record of assessors
opinions.
Section 28. Difference on questions
of law.
Section 29. Agreement as to amount
of compensation.
Section 30. Difference to the amount
of compensation.
Section 32. Costs of proceedings
taken by order or Court.
Section 34. Awards to be in
writing.?
Section 35. Appeal form Judge's
decision as to compensation.
Section 36. Provisions of Code to
Civil Procedure made applicable.
Section 37. Particulars of
apportionment to be specified.
Section 38. Dispute at to
apportionment.
Section 39. Determination of
proportions.
Section 40. Payment of compensation
to whom made.
Section 41. Payment on making award
by Collector.
Section 42. Percentage on market
value.
Section 43. Temporary occupation of
waste or arable land.
Section 44. Power to enter and take
possession.
Section 45. Difference as to
condition of land.
Section 46. Company may be
authorized to enter and survey.
Section 47. Consent of Local
Government to acquisition.
Section 49. Agreement with Secretary
of State in Council.
Section 52. Obstruction to survey,
& c. Filling trenches Destroying land-marks?
Section 53. Magistrate to enforce
surrender.
Section 54. Government not bound to
complete acquisition.
Section 55. Part of house or
building not to be taken.
Section 56. Payment of Collector's
charges by Municipal Body or Company.
Section 57. Exemption from stamp
duty and fees.
Section 58. Bar of suit to set aside
awards under Act.