LAND ACQUISITION ACT, 1894 [REPEALED]

LAND ACQUISITION ACT, 1894 [REPEALED]

Preamble 1 - THE LAND ACQUISITION ACT, 1894

THE LAND ACQUISITION ACT, 1894

[Act No. 01 of 1894][1]

[2ndFebruary, 1894]

PREAMBLE

An Act to amend the law for the acquisition of land for public purposes and for Companies.

WHEREAS it is expedient to 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:--

Section 1 - Short title, extent and commencement

(1)     This Act may be called the Land Acquisition Act, 1894.

(2)     It extends[2] to the whole of India [3] [except the State of Jammu and Kashmir]

(3)     It shall come into force on the 1st day of March, 1894.

STATE AMENDMENTS

ANDHRA PRADESH

[4] [In its application to the State of Andhra Pradesh, in sub-section (2) of Section 1, after the words "Part B States" , insert "other than the territories specified in sub-section (1) of section 3 of the States Re-organisation Act, 1956".]

MADHYA PRADESH

[5] [In its application to the State of Madhya Pradesh, in Sub section (2), after the words "Part B States", add "other than the Madhya Bharat and Sironj regions of the State of Madhya Pradesh".]

MAYSORE (KARNATAKA)

[6] [In its application to the State of Maysore, in sub section (2) of Section 1 after the words, "except the territories which immediately before the 1st November, 1956, were comprised in Part B States", insert "other than the territories specified in clauses (a) and (c) of sub section (1) of section 7 of the States Re-organisation Act, 1956" shall be omitted.]

KARNATAKA

[7] [In sub-section (2) of section 1 of the principal Act, after the expression "except the territories which, immediately before the first November 1956, were comprised in Part B States", the expression "other than territories specified in clauses (a) and (c) of sub-section (1) of section 7 of the States Reorganisation Act, 1956 (Central Act 37 of 1956)" shall be added.]

TAMIL NADU

[8] [In its application to the territories added to the State of Tamil Nadu under Central Act 56 of 1959, the words "other than the territories specified in sub-section (1) of section 3 of the States Re-organisation Act, 1956" shall be omitted.]

GUJARAT

[9]In Section 1-

The following sub-section shall be inserted, namely:?

"(4) On and from the commencement of the Land Acquisition (Gujarat Unification and Amendment) Act, 1963, this Act shall also extend to, and be in force in, the Saurashtra area of the State of Gujarat.".]

MAHARASHTRA

[10] [In Section 1

(i)       in sub-section (2), after the words and letter ?comprised in Part B States? the words, ?other than the Hyderabad area of the State of Maharashtra? shall be inserted;

(ii)      in sub-section (3), after the figures ?1894?, the words, brackets and figures, ?but in the Hyderabad area of the State of Maharashtra it shall come into force on such day as is appointed under sub-section (3) of section 1 of the Land Acquisition (Maharashtra Extension and Amendment) Act, 1964? shall be added;]]]

Section 2 - Repeal

[11] [***]

Section 3 - Definitions

In this Act, unless there is something repugnant in the subject or context,--

(a)      the expression "land" includes benefits to arise out of land, and things attached to the earth or permanently fastended to anything attached to the earth;

[12] ["(aa) the expression "local authority" includes a town planning authority (by whatever name called) set up under any law for the time being in force];

(b)      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; and a person shall be deemed to be interested in land if he is interested in an easement affecting the land;

(c)      the expression "Collector" means the Collector of a district, and includes a Deputy Commissioner and any officer specially appointed by the Appropriate Government to perform the functions of a Collector under this Act;

[13] ["(cc) the expression "corporation owned or controlled by the State" means any body corporate established by or under a Central, Provincial or State Act, and includes a Government company as defined in Section 617 of the Companies Act, 1956 (1 of 1956), a society registered under the Societies Registration Act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a State, being a society established or administered by Government and a co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any State, being a co-operative society in which not less than fifty-one per cent of the paid-up share capital is held by the Central Government, or by any State Government or Governments, or partly by the Central Government and partly by one or more State Governments;]"

(d)      the expression "Court" means a principal Civil Court of original jurisdiction, unless the [14] [appropriate Government] has appointed (as it is hereby empowered to do) a special judicial officer within any specified local limits to perform the functions of the Court under this Act;

[15] [(e) the expression "Company" means-

(i)       a Company as defined in section 3 of the Companies Act, 1956 (1 of 1956), other than a Government company referred to in clause (cc);

(ii)      a society registered under the Societies Registration Act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a State, other than a society referred to in clause (cc);

(iii)     a co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any State, other than a co-operative society referred to in clause (cc);]

(ee) the expression "appropriate Government" means in relation to acquisition of land for the purposes of the Union, the Central Government, and, in relation to acquisition of land for any other purposes, the State Government;

[16] [(f) The expression "public purpose" includes-

(i)       the provision of village-sites or the extension, planned development or improvement of existing village-sites;

(ii)      the provision of land for town or rural planning;

(iii)     the provision of land for planned development of land from public funds in pursuance of any scheme or policy of Government and subsequent disposal thereof in whole or in part by lease, assignment or outright sale with the object of securing further development as planned;

(iv)    the provision of land for a corporation owned or controlled by the State;

(v)      the provision of land for residential purposes to the poor or landless or to persons residing in areas affected by natural calamities, or to persons is placed or affected by reason of the implementation of any scheme undertaken by Government, any local authority or a corporation owned or controlled by the State;

(vi)    the provision of land for carrying out any educational, housing, health or slum clearance scheme sponsored by Government, or by any authority established by Government for carrying out any such scheme, or, with the prior approval of the appropriate Government, by a local authority, or a society registered under the Societies Registration Act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a State, or a co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any State;

(vii)   the provision of land for any other scheme of development sponsored by Government or, with the prior approval of the appropriate Government, by a local authority;

(viii)  the provision of any premises or building for locating a public office, but does not include acquisition of land for companies;

(g)?? ?the following persons shall be deemed persons "entitled to act" as and to the extent hereinafter provided (that is to say)-

(i)       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

(ii)      the guardians of minors and the committees or managers 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:

Provided that--

(i)       no person shall be deemed "entitled to act" whose interests in the subject-matter shall be shown to the satisfaction of the Collector or Court to be adverse to the interest of the person interested for whom he would otherwise be entitled to act;

(ii)      in every such case the person interested may appear by a next friend, or, in default of his appearance by a next friend, the Collector or Court , as the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof;

(iii)     the provisions of [17] [Order XXXI of the first schedule to the Code of Civil Procedure, 1908 (5 of 1908), shall, mutatis mutandis, apply in the case of persons interested appearing before a Collector or Court by a next friend, or by a guardian for the case, in proceedings under this Act; and

(iv)    no person "entitled to act" shall be competent to receive the compensation money payable to the person for whom he is entitled to act, unless he would have been competent to alienate the land and receive and give a good discharge for the purchase many on a voluntary sale.

STATE AMENDMENTS

ANDHRA PRADESH

[18] [In its application to State of Andhra Pradesh, after Section 3, insert the following section, namely:-

"3-A. Delegation of functions.-

The State Government may, by notification in the Andhra Pradesh Gazette, direct that any power conferred or any duty imposed on them by this Act, shall in such circumstances and under such conditions, if any, as may be specified in the notification, be exercised or discharged by the District Collector,"]

BIHAR

[19] [In Section 3

(i)       for clause (c), the following clause shall be substituted, namely:?

"(c) the expression 'Collector' means the Collector of a district and includes a Deputy Commissioner, Additional Collector, Additional Deputy Commissioner and any officer specially appointed by the appropriate Government to perform the functions of a Collector under this Act except the functions under Section 4, 5-A, 6, 35 and 38"; and

(ii)      for clause (f), the following clause shall be substituted, namely:?

"(f) the expression 'public purpose' includes provisions for or in connection with?

(i)       sanitary improvements of any kind including reclamation; and

(ii)      the laying out of village sites or townships, or the extension, planned development or improvement of existing village sites or townerships; and."]

[20] [In its application to the State of Bihar, after Cl. (e), the following clauses shall be deemed to be inserted, namely:-

"(ee) the expression 'local authority' includes the Board of Trustees for the improvement of ...(name of the town) constituted under section 3 of the Bihar Town Planning and improvement Trust Act, 1951."]

In its application to the State of Bihar, in Section 3, after Cl. (ee), insert the following clause, namely:-

[21] ["(eee) the expression 'local authority' includes the Bihar State Housing Board established under section 3 of the Bihar State Housing Board Third Ordinance, 1974"]

GOA

[22] [After Section 3, add the following sections, namely:-

"3-A. Preliminary survey of lands and powers of officers to carry out survey.-

For the purpose of enabling the State Government to determine whether land in any locality is needed or is likely to be needed for any public purpose, it shall be lawful for any officer of the State Government in the Public Works Department, or any other officer either generaly or specially authorised by the State Government in this behalf as the case may be,-

(i)       to enter upon and survey and take levels of any land in such locality;

(ii)      to mark such levels;

(iii)     to do all other acts necessary to ascertain whether the land is adapted for such purpose; and

(iv)    where otherwise the survey cannot be completed and the levels cannot be taken, to cut down and clear away any part of any standing crop, fence or jungle:

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 days' notice in writing of his intention to do so.

3-B. Payment for damage.-

The officer of the State Government in the Public Works Department, and any other officer so authorised shall, at the time of such entry, pay or tender payment of all necessary damage to be done as aforesaid, and, in case of dispute as to the sufficiency of the amount so paid or tendered, shall at once refer the dispute to the decision of the Collector or other Chief Revenue Officer, of the district, and such decision shall be final."]

GUJARAT

Sub-section 3-A and 3-B are the same as in Maharashtra, with the following modifications, namely:-

[23] [(1) in Bombay area of the State, the words "or the Commissioner" and "or as the case may be, any officer authorised by the Commissioner" shall be deleted.]

[24] [(2) in section 3-A, for Cl. (ii), substitute the following clause, namely:-

"(ii) to dig or bore into the sub-soil,";

(3) ??for the word "and" at the end of Cl. (iii) and for Cl. (iv), substitute the following clauses, namely:-

"(iv) to set out the boundaries of the land likely to be needed and the intended line of the work (if any), likely to be done thereon;

(v)? ?to mark such levels, boundaries and lines by placing marks and cutting trenches;

(vi) ??to measure the land so likely to be needed; and

(vii) where otherwise the survey cannot be completed and the levels taken or the boundaries or lines marked, to cut down and clear away any part of any standing crop, fence or jungle;"

(4) ??after Section 3-B, insert the following section, namely:-

"3-C. Measurement of land comprising survey number of sub-division.-

In the case of the whole of a survey number or sub-division of a survey number, as defined in the Bombay Land Revenue Code, 1879, as in force in the Bombay area, the Saurashtra area or, as the case may be, the Kutch area of the State of Gujarat, the area of such survey number or, as the case may, be, sub-division as entered in the land records shall be deemed to be the measurement of the land comprising such survey number or sub-division."]

GUJARAT

In Section 3

(1)     In clause (f) of section 3 of the principal Act,

[25] [(a) the word "and" occurring after sub-clause (1) shall be deleted;]

[26] [(b) after sub-clause (2), the following shall be added, namely:?

(3) a housing scheme which the State Government may from time to time undertake for the purpose of increasing accommodation for housing persons and shall include any such scheme undertaken from time to time with the previous sanction of the State Government by a local authority or company;".

(2)     Nothing in sub-section (1) shall affect the provisions of the Land Acquisition (Bombay Amendment) Act, 1948.]

[27] [After Section 3 -

(1)     for clause (ii), the following shall be substituted, namely;?

"(ii) to dig or bore into the subsoil,";

(2)     for the word "and" at the end of clause (iii) and for clause (iv), the following shall be substituted, namely:?

"(iv) to set out the boundaries of the land likely to be needed and the intended line of the work (if any) likely to be done thereon;

(v) ???to mark such levels, boundaries and line by placing marks and cutting trenches;

(vi) ??to measure the land so likely to be needed; and

(vii) where otherwise the survey cannot be completed and the levels taken or the boundaries or lines marked, to out down and clear away any part of any standing crop, fence or jungle;".]

[28] [After Section 3

The following new section shall be inserted, namely:?

"3C Measurement of land Comprising Survey number or sub-division:-

In the case of the whole of a survey number or sub-division of a survey number, as defined in the Bombay Land Revenue Code, 1879 (Bom. V of 1879) as in force in the Bombay area, the Saurashtra area or, as the case may be, the Kutch area of the State of Gujarat, the area of such survey number or, as the case may be, sub-division as entered in the land records shall be deemed to be the measurement of the land comprising such survey number or subdivision.".]

[29] [In its application to the State of Gujarat, after Cl.(a), insert the following new clause, namely:-

"(aa) the expression 'arable land' includes 'garden land'."]

[30] [In its application to the State of Gujarat, in Cl. (c), the words "or by the Commissioner" shall be deleted.]

[31] [In its application to the State of Gujarat, in Cl.(d) of Section 3, add the following at the end, namely:-

"and shall in relation to any proceedings under this Act, include the Court of a Civil Judge (Senior Division) to which the principal Civil Court may transfer any such proceedings."]

KARNATAKA

[32] [In Section 3

(1)     after clause (a), the following clause shall be inserted, namely:-

"(aa) the expression 'arable land' includes garden land";

(2)     in clause (c) for the words "Deputy Commissioner" the words "an Assistant Commissioner in-charge of a sub-division of a district" shall be substituted;

(3)     for clause (d), the following clause shall be substituted, namely:-

"(d) the expression "Court" means a principal civil court of original jurisdiction, and includes any other civil court empowered by the State Government by notification in the official gazette, to perform the functions of the court under this Act, within the pecuniary and local limits of its jurisdiction;"

(4)     after clause (d), the following clause shall be inserted, namely:-

"(dd) the expression "Co-operative Society" means a registered society within the meaning of the Co-operative Societies Act, 1912 (Central Act II of 1912), or any society registered or deemed to be registered under any law corresponding to that Act for the time being in force in any part of India";

(5)     for clause (e), the following clause shall be substituted, namely:-

"(e) the expression 'Company' means,-

(i)       a company formed and registered under the Companies Act, 1956 (Central Act I of 1956),

(ii)      a company formed and registered under any previous Company law for the time being in force in any part of India other than the State of Jammu and Kashmir;

(iii)     a company formed and registered under any law for the time being in force in the State of Jammu and Kashmir;

(iv)    a company,-

(a)      incorporated under any law relating to companies for the time being in force in any foreign country, and

(b)      having its principal place of business in India;

(v)        a company incorporated by an Indian law relating to a particular company;

(vi)     a co-operative society;

(vii)   a society registered under the Societies Registration Act, 1860, (Central Act XVI of 1860) or under any law corresponding to that Act for the time being in force in any part of India; and

(viii)a corporation created by or under any law for the time being in force in any part in India not being a corporation owned or controlled by the State;"

(6)     ?after clause (ee), the following clause shall be inserted, namely:-

"(eee) the expression 'prescribed' means prescribed by the rules made under this Act;"

(7)     ?for clause (f), the following clause shall be substituted namely :-

"(f) the expression 'public purpose' includes,-

(i)       the provision of village sites;

(ii)      the provision of land for planned development from public funds and subsequent disposal thereof in whole or in part by lease, assignment or outright sale with the object of securing further development as planned;

(iii)     the provision of land for town or rural planning under any law relating to such planning;

(iv)    the provision of land,-

(a)      for carrying out any housing scheme or health scheme sponsored by the Central Government or any State Government or a local authority; or

(b)      for cleaning slum areas; or

(c)      for relieving congestion; or

(d)      for housing poor, landless or displaced persons or persons residing in areas affected by floods;

(v)        the provision of,-

(a)      residence for any person holding an office of profit under the Central Government or a state Government or accredited as a diplomatic consular or trade representative of a foreign Government;

(b)      building for locating a public office;

(vi)     the provision of land for corporations owned or controlled by the State, or other nationalised industries or concerns;

(vii)   the provision of land for any local authority and subsequent disposal thereof in whole or in part by lease, assignment or outright sale with the object of securing further development;

(viii)the provision of land for a company,-

(a)      where the land is needed for the construction of some work and such work is likely to prove substantially useful to the public, or

(b)      where the land is needed by a building co-operative society or corporation for the construction of houses;

(ix)     the provision of land for any charitable trust.

Explanation.- "Charitable trust" includes a trust established or to be established for the relief of the poor, education, medical relief, or advancement of any other object of general public utility;"

(8)     ?in proviso (iii) to clause (g), for the words, figures and brackets "Chapter XXVI of the Code of Civil Procedure (14 of 1882)" the words, figures and brackets "Order XXXII of the First Schedule to the Code of Civil Procedure, 1908 (Act 5 of 1980)" shall be substituted.

(9)     ?after clause (g), the following shall be inserted, namely :-

"(h) the expression "local authority" includes a town planning authority and a city improvement trust board."]

[33] [In Section 3

The word "Collector" whereever it occurs, the words "Deputy Commissioner" shall be substituted.]

MYSORE (KARNATAKA)

[In its application to the State of Mysore (Karnataka), after Cl.(a), insert the following new clause, namely:-

"(aa) the expression 'arable land' includes 'garden land'."]

[34] [In its application to the State of Mysore, in Cl.(c), for the words "Deputy Commissioner" , substitute "an Assistant Commissioner-in-charge of a sub-division of a district".]

[35] [(i) In Cl. (d), substitute the following clause, namely:-

"(d) the expression 'Court' means a principal Civil Court of original jurisdiction, and includes any other Civil Court empowered by the State Government by a notification in the Official Gazette, to perform the functions of the Court under this Act, within the pecuniary and local limits of its jurisdiction;"

(ii) ??after Cl. (d), insert the following clause, namely:-

"(dd) the expression 'co-operative society' means a registered society within the meaning of the Co-operative Societies Act, 1912, or any society registered or deemed to be registered under any law corresponding to that Act for the time being in force in any part of India."]

[36] [In its application to the State of Mysore, in Cl.(e) of Section 3, substitute the following clause, namely:-

(e) the expression 'Company' means,-

(i)       a company formed and registered under the Companies Act, 1956;

(ii)      a company formed and registered under any previous Company law for the time being in force in any part of India other than the State of Jammu and Kashmir;

(iii)     a company formed and registered under any law for the time being in force in the State of Jammu and Kashmir;

(iv)    a company,-

(a)      incorporated under any law relating to companies for the time being in force in any foreign country, and

(b)      having its principal place of business in India;

(v)      a company incorporated by an Indian law relating to a particular company;

(vi)    a co-operative society;

(vii)   a society registered under the Societies Registration Act, 1860, (Central Act XVI of 1860) or under any law corresponding to that Act for the time being in force in any part of India; and

(viii)  a corporation created by or under any law for the time being in force in any part in India not being a corporation owned or controlled by the State;"]

[37] [In its application to the State of Mysore, in Section 3, after Cl. (ee), insert the following clause, namely:-

"(eee) the expression 'prescribed' means prescribed by rules made under this clause."]

[38] [In its application to the State of Mysore, for Cl.(f), substitute the following clause, namely:-

(f) the expression 'public purpose' includes,-

(i)       the provision of village sites;

(ii)      the provision of land for planned development from public funds and subsequent disposal thereof in whole or in part by lease, assignment or outright sale with the object of securing further development as planned;

(iii)     the provision of land for town or rural planning under any law relating to such planning;

(iv)    the provision of land,-

(a)      for carrying out any housing scheme or health scheme sponsored by the Central Government or any State Government or a local authority; or

(b)      for cleaning slum areas; or

(c)      for relieving congestion; or

(d)      for housing poor, landless or displaced persons or persons residing in areas affected by floods;

(v)      the provision of,-

(a)      residence for any person holding an office of profit under the Central Government or a state Government or accredited as a diplomatic consular or trade representative of a foreign Government;

(b)      building for locating a public office;

(vi)    the provision of land for corporations owned or controlled by the State, or other nationalised industries or concerns;

(vii)   the provision of land for any local authority and subsequent disposal thereof in whole or in part by lease, assignment or outright sale with the object of securing further development;

(viii)  the provision of land for a company,-

(a)      where the land is needed for the construction of some work and such work is likely to prove substantially useful to the public, or

(b)      where the land is needed by a building co-operative society or corporation for the construction of houses;

(ix)    the provision of land for any charitable trust.

Explanation.- "Charitable trust" includes a trust established or to be established for the relief of the poor, education, medical relief, or advancement of any other object of general public utility;]

[39] [In its application to the State of mysore,-

(i)       in the proviso (iii) to Cl. (g), for the words "Chapter XXVI of the Code of Civil Procedure, 1882", substitute "Order XXXII of the First Schedule to the Code of Civil Procedure, 1908".

(ii)      after Cl. (g), insert the following clause, namely:-

"(h) the expression "local authority" includes a town-planning authority and a City Improvement Trust Boards."]

MADHYA PRADESH

[40] [In Section 3

The following clause shall be substituted, namely:--

"(e) the expression "Company" means a Company registered under the Indian Companies Act, 1882 (6 of 1882) or under the (English) Companies Acts, 1862 to 1890, or incorporated by an Act of Parliament of the United Kingdom or by an Indian Law, or by Royal Charter or Letters Patent and includes a registered society within the meaning of clause (b) of section 2 of the Madhya Pradesh Societies Registration Act, 1959 (1 of 1960), and a society within the meaning of clause (z) of section 2 of the Madhya Pradesh Co-operative Societies Act, 1960 (17 of 1961);".]

[41] [In its application to the State of Madhya Pradesh, in Cl. (d), after the word "Court", insert "except in sub-section (3) of section 18".]

[42] [In its application to the State of Madhya Pradesh, in Section 3, for Cl. (e), substitute the following clause, namely:-

"(e) the expression 'company' means a company registered under the Indian Companies Act, 1882, or under the (English) Companies Acts, 1862 to 1890, or incorporated by an Act of Parliament of the United Kingdom or by an Indian law, or a Royal Charter, or Letters patent and includes a registered society within the meaning of clause (b) of section 2 of the Madhya Pradesh Societies Registration Act, 1959, and a society within the meaning of clause (3) of section 2 of the Madhya Pradesh Co-operative Societies Act, 1960."]

[43] [In Cl.(e), Section 3, for the words, brackets, letter and figures "and a society within the meaning of clause (b) of section 2 of the Madhya Pradesh Co-operative Societies Act, 1960", substitute "a society within the meaning of clause (2) of section 2 of the Madhya Pradesh Co-operative Societies Act, 1960, and a corporation within the meaning of clause (3) of section 2 of the Madhya Pradesh Non-Trading Corporation Act, 1962."]

[44] [In its application to the State of Madhya Pradesh, for Cl. (f) of Section 3 substitute the following clause, namely:-

"(f) the expression 'public purpose' includes the provision of land for agriculture or for residential, business or industrial purposes, or for any purpose incidental to any of these with a view to resettlement and rehabilitation of displaced persons".]

MADHYA PRADESH -BHOPAL AREAS

[45] [After Cl.(g) of section 3, insert the following clause, namely:-

"(h) the expression "Bhopal area" shall have the same meaning as assigned to it in the Land Acquisition (Madhya Pradesh Amendment) Act, 1959."]

PUNJAB, HARYANA AND CHANDIGARH

[46] [After Cl.(e) of Section 3, the following clause shall be deemed to be inserted, namely:-

"(ee) the expression 'local authority' includes a Trust constituted under the Punjab Town Improvement Act, 1922"]

TAMIL NADU

[47] [In its application to the territories added under the Central Act 56 of 1956, the words added in clause (e) by A.P. Act 20 of 1959, Section 5 shall be omitted.]

[48] [In its application to the State of tamil Nadu, after Cl. (ee) of Section 3, the following clause shall be deemed to be inserted, namely:-

"(eee) the expression 'local authority' includes the Board of trustees for the improvement of the City of Madras, constituted under section 3 of the Madras City Improvement Trust Act, 1950".]

MAHARASHTRA

[49] [In Section 3

The following shall be and shall be deemed always to have been substituted, namely :-

?(aa) the expression ?arable land? means land fit for cultivation, whether in fact cultivated or not; and includes garden land;?.]

[50] [In Section 3

After clause (ee), the following new clause shall be inserted, namely :-

?(eee) ?Land Acquisition Officer? means an officer appointed as such by the State Government by notification in the Official Gazette for such provisions of this Act as may be specified in the notification;?.]

[51] [In its application to the state of Maharashtra-

(i)       In Cl. (d) as extended and brought into force throughout the State of Maharashtra, for the words, "the expression 'Court' means ", substitute "the expression 'Court' (except in sub-section (3) of section 18) means;"]

(ii)      Same as that of Gujarat.

In its application to the whole of State of Maharashtra,-

[52] [(i) in Cl. (c), after the words "appropriate Government", insert "or by the Commissioner".]

[53] [(ii) in Cl. (c), in its application to the Bombay and Vidarbha areas of the State of Maharashtra, after the words "any officer" , insert "or person".]

[54] [In its application to the State of Maharashtra, in Cl.(f) of Section 3,-

(1)     after the word "includes" , insert the figure "(1)";

(2)     after the words "such provision", insert the following, namely:-

"and

(2) the acquisition of land for purposes of development of areas from public revenues or some fund controlled or managed by a local authority and subsequent disposal thereof in whole or in part by lease, assignment or sale, with the object of securing further development;"]

Section 3-1A

[55] [In its application to the whole State of Maharashtra, after section 3, insert the following new section, namely:-

"3-1A. Powers to be exercised by Commissioner by or under Act.-

The powers conferred on the Commissioner by or under this Act shall be the powers exercisable by him in relation to the acquisition of land for those purposes only for which the State Government is the appropriate Government."]

Section 3-A, 3-B, 3-C

MAHARASHTRA

[56] [In its application to the State of Maharashtra, insert the following Part, namely:-

"PART I-A

PRELIMINARY SURVEY

3-A. Preliminary survey of lands and power of officers to carry out survey.-

For the purpose of enabling the State Government or the Commissioner to determine whether land in any locality is needed or is likely to be needed for any public purpose, it shall be lawful for any officer of the State Government in the Public Works Department, or any other officer either generally or specially authorised by the State Government in this behalf, or as the case may be, any officer authorised by the Commissioner and for his servants and workmen,-

(i)       to enter upon and survey and take levels of any land in such locality,

(ii)      to mark such levels,

(iii)     to do all other acts necessary to ascertain whether the land is adapted for such purpose, and

(iv)    where otherwise the survey cannot be completed and the levels taken, to cut down and clear away any part of any standing crop, fence or jungle:

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 days' notice in writing of his intention to do so.

3-B. Payment for damage.-

The officer of the State Government in the Public Works Department, and any other officer so authorised 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, shall at once refer the dispute to the dicision of the Collector or other Chief Revenue Officer of the District, and such decision shall be final."]

[MAHARASHTRA] - NAGPUR IMPROVEMENT

[57] [(1) After Cl. (e) of Section 3, the following clause shall be deemed to be inserted, namely:-

"(ee) the expression 'local authority' includes the Trust constituted under the Nagpur improvement Trust Act, 1936."]

[58] [(2) After Cl. (ee) of section 3, the following clause shall be inserted, namely:-

"(eee) 'Land Acquisition Officer' means an officer appointed as such by the State Government by notification in the Official Gazette for such provisions of this Act as may be specified in the notification".]

UNION TERRITORY-PONDICHERRY

[59] [In its application to Union Territory of Pondicherry, after Cl. (ee), add the following clause, namely:-

"(eee) the expression 'local authority' includes the Planning Authority constituted under section 11 of the Pondicherry Town and Country Planning Act, 1969."]

UTTAR PRADESH

[60] [In its application to the State of Uttar Pradesh, the words "a Deputy Commissioner and " shall be deleted.]

[61] [In its application to the State of Uttar Pradesh, after Cl. (e) of Section 3, the following clause shall be deemed to be inserted, namely:-

"(ee) the expression 'local authority' includes a Mahapalika constituted under the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959".]

[62] [In its application to the State of Uttar Pradesh, in Section 3, for Cl. (f), substitute the following clause, namely:-

"(f) the expression "public purpose" includes provisions for or in connection with-

(i)       Sanitary improvements of any kind, including reclamation;

(ii)      the laying out of village sites, township or the extension, planned development or improvement of existing village sites or townships;

(iii)     the settlement of land for agriculture with the weaker section of the people; and"]

In its application to the State of Uttar Pradesh,-

[63] [(i) in Section 3, after Cl.(g), add the following clause, namely:-

 "(h) "Land of Reforms Commissioner" means the Land Reforms Commissioner appointed by the State Government."]

[64] [(ii) after Cl. (h), add the following clauses, namely:-

"(i) "local authority" includes the Board;

(j) "the Board" means the Uttar Pradesh Avas Evam Vikas Parishad established under Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965."]

WEST BENGAL

[65] [In Section 3

the Explanation to clause (b), the following shall be substituted and shall be deemed always to have been substituted:?

"Explanation.?A bargadar is a person who under the system generally known as adhi, barga or bhag cultivates the land of another person on condition of delivering a share of the produce of such land to that person and includes a person who under the system generally known as kisani cultivates the land of another person on condition of receiving a share of the produce of such land from that person;".]]]

[66] [In Cl.(b) of Section 3, after the words "affecting the land" , the words "or cultivates the land or any portion of it as a bargadar" shall be added and shall be deemed always to have been added.]

[67] [In its application to the State of west Bengal, for Cl. (d), substitute the following clause, namely:-

"(d) the expression 'Court' means a principal Civil Court of original jurisdiction and includes the Court of any Additional Judge, Subordinate Judge or Munsiff whom the State Government may appoint, by name or by virtue of his office, to perform, concurrently with any specified local limits and, in the case of a Munsiff, up to the limits of the pecuniary jurisdiction with which he is vested under section 19 of the Bengal, Agra and Assam Civil Courts act, 1897."]

[WEST BENGAL]- (1) CALCUTTA IMPROVEMENT.-

[68] [After Cl. (e) of Section 3, the following clause shall be deemed to be inserted, namely:-

"(e) the expression 'local authority' includes the Board of Trustees constituted under the Calcutta Improvement Act, 1911."]

[WEST BENGAL]- (1) HOWRAH IMPROVEMENT.-

[69] [After Cl. (e) of Section 3, the following clause shall be deemed to be inserted, namely:-

"(ee) the expression 'local authority' includes the Board of Trustees constituted under the Howrah Improvement Act, 1956."]

Section 4 - Publication of preliminary notification and powers of officers thereupon

PART II

ACQUISITION

PRELIMINARY INVESTIGATION