The Land Acquisition (Kerala Amendment) Act, 1985 Complete Act - Bare Act

Published in Gazette of Kerala Extra. No. 831 dated 15-10-1985.)
THE LAND ACQUISITION (KERALA AMENDMENT) ACT, 1985

An Act to amend the Land Acquisition Act, 1894, in its application to the State of Kerala.

WHEREAS it is expedient to amend the Land Acquisition Act, 1894, in its application to the State of Kerala for the purposes hereinafter appearing;

Be it enacted in the Thirty-sixth Year of the Republic of India as follows:-

(1) This Act may be called The Land Acquisition (Kerala Amendment) Act, 1985.

(2) It extends to the whole of the State of Kerala.

(3) It shall be deemed to have come into force on the 17th day of April 1985.

In S. 4 of the Land Acquisition Act, 1894 (Central Act 1 of 1894) hereinafter referred to as the principal Act),-

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

(a) after the words "the appropriate Government", the words "or to the Board of Revenue or to the Collector" shall be inserted;

(b) after the words "any locality" the words "in the State of Kerala or, with in the jurisdiction of the Collector, as the case may be," shall be inserted;

(ii) in sub-section (2), after the words "by such Government," the words "or the Board of Revenue or the Collector, as the case may be," shall be inserted;

For sub-section (2) of S. 5A of the principal Act, the following sub-section shall be substituted, namely:

"(2) Every objection under sub-section (1) shall be made to the Collector in writing and the Collector shall give the objector an opportunity of being heard either in person or by any person authorised by him in this behalf or by counsel and shall, after hearing all such objections and after making such further enquiry, if any, as he thinks necessary, either make a report in respect of the land which has been notified under subsection (1) of S. 4 or make different reports in respect of different parcels of such land,-

(i) to the Government where the notification under sub-section (1) of S. 4 was published by the Government;

(ii) to the Board of Revenue, where the notification under sub-section (1) of S. 4 was published by the Board of Revenue or by himself.

containing his recommendations on the objections, together with the record of the proceedings held by him, for the decision of the Government or the Board of Revenue, as the case may be. The decision of the Government or the Board of Revenue, as the case may be, shall be final.".

In S. 6 of the principal Act,

(i) in sub-section (1),-.

(a) after the words "the appropriate Government", the words "or the Board of Revenue" shall be inserted;

(b) after the words "to certify its orders", the words "or of the Secretary of the Board of Revenue, as the case may be," shall be inserted;

(ii) in sub-section (3), after the words "appropriate Government" the words "or the Board of Revenue, as the case may be", shall be inserted.

In S. 7 of the principal Act, after the words "or some officer authorised by the appropriate Government in this behalf", the words "or the Board of Revenue, as the case may be," shall be inserted.

In S. 17 of the principal Act,

(i) in sub-section (1), after the words "appropriate Government" the words "or the District Collector" shall be inserted;

(ii) in sub-section (4),-

(a) after the words "in the opinion of the appropriate Government", the words "or the Board of Revenue" shall be inserted;

(b) for the words" the appropriate Government may direct" the words "the appropriate Government or the Board of Revenue, as the case may be may, direct" shall be substituted.

(1) The Land Acquisition (Kerala Amendment) Ordinance, 1985 (64 of 1985) is hereby repealed.

(2) Notwithstanding such repeal, anything done or deemed to have been done or any action taken or deemed to have been 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.