The Kerala Land Acquisition (Amendment) Act 1980 [1] Complete Act - Bare Act

An Act further to amend the Kerala Land Acquisition Act, 1961 .

Preamble. -WHEREAS it is expedient further to amend the Kerala Land Acquisition Act, 1961, for the purposes hereinafter appearing;

BE it enacted in the Thirty-first Year of the Republic of India as follows:-

1. Short title and commencement .-(1) This Act may be called the Kerala Land Acquisition (Amendment) Act, 1980.

(2) Section 6 shall be deemed to have come into force on the 1 st day of May, 1977 and the remaining provisions of this Act shall be deemed to have come into force on the 4 th day of November, 1980.

2 . Amendment of section 3 .-In section 3 of the Kerala Land Acquisition Act, 1961 (21 of 1962) (hereinafter referred to as the principal Act), in subsection (1), after the words "in the Gazette", the words "or in two daily newspapers having wide circulation in that locality" shall be inserted.

3. Amendment of section 5.-In section 5 of the principal Act, in sub section (1), for the words "issue of the notification", the words "publication of the notification" shall be substituted.

4. Amendment of section 6.-In section 6 of the principal Act,-

(a) in the proviso to sub-section (1), for the words "two years", the words "three years" shall be substituted;

(b) in sub-section (2), after the words "in the Gazette", the words "or in two daily newspapers having wide circulation in the locality in which the land to which the declaration relates is situate" shall be inserted.

5. Amendment of section 9.-In section 9 of the principal Act, in sub-section (5), after the words "in the Gazette", the words "or in two daily newspapers having wide circulation in the locality in which such land is situate' shall be inserted.

6. Amendment of section 16.-In section 16 of the principal Act,-

(a) in sub-section (1),-

(i) for the words "agree as to the amount of compensation", the words, brackets and figures "agree, whether before or after the date of publication of the notification under subsection (1) of section 3, as to the amount of compensation" shall be substituted:

(ii) the following proviso shall be inserted at the end, namely:-

"Provided that an agreement executed before the date of publication of the notification under subsection (1) of section 3 shall not be binding on the persons interested after the expiry of four years from such date.";

(b) in subsection (2), for the words "shall be conclusive evidence", the words, brackets and figure ˜shall, subject to the proviso to sub-section (1) be conclusive evidence" shall be substituted.

7. Validation .-Notwithstanding anything contained in any judgment decree or order of any court, any agreement as to the amount of compensation to be allowed for any land to be acquired under the principal Act executed after the 1 st day of May, 1977 and before the date of commencement of this section shall not be deemed to be invalid or ever to have been invalid merely by reason of the fact that such agreement was executed before the date of publication of the notification under sub-section (1) of section 3 of the principal Act in respect of such land.

8. Repeal and saving .-(1) The Kerala Land Acquisition (Amendment) Ordinance, 1980 (6 of 1980), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act.