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Central Bare Acts 1894

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Land Acquisition Act, 1894 Section 1

Title : Short Title, Extent and Commencement

State : Central

Year : 1894

(1) This Act may be called the Land Acquisition Act, 1894. (2) It extends to the whole of India 1[except the State of Jammu and Kashmir] (3) It shall come into force on the 1st day of March, 1894. _________________________ 1. Substituted by Act 68 of 1984, section 2 w.e.f. 24-9-1984.

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Land Acquisition Act, 1894 Section 2

Title : Repeal and Saving

State : Central

Year : 1894

[Repealed partly by the Repealing and Amending Act, 1914 (X of 1914) Section 3 and Schedule II and partly by the Repealing Act, 1938 (1 of 1938) Section 2 and Schedule]

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Land Acquisition Act, 1894 Part 2

Title : Acquisition

State : Central

Year : 1894

.....a person shall be deemed to be interested in land who would be entitled to claim an interest in compensation if the land were acquired under this Act.] Section 6 to 10 - Declaration of Intended Acquisition Section 6 - Declaration that land is required for a public purpose Declaration of intended acquisition 6. Declaration that land is required for a public purpose.- (1) Subject to the provisions of Part VII of this Act, when the Appropriate Government is satisfied after considering the report, if any, made under section 5A, sub-section (2), 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 duly authorised to certify its orders an different declarations may be made from time to time in respect of different parcels of any land covered by the same notification under section 4, sub-section (!), irrespective of whether one report or different reports has or have been made (wherever required) under section 5-A, sub-section (2): 1[Provided that no declaration in respect of any particular land covered by a notification under section.....

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Land Acquisition Act, 1894 Section 4

Title : Publication of Preliminary Notification and Powers of Officers Thereupon

State : Central

Year : 1894

..... (2) Thereupon it shall be lawful for any officer, either, generally or specially authorised 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 in the sub-soil; to do all other acts necessary to ascertain whether the land is adapted for such purpose; 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, 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: 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.

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Land Acquisition Act, 1894 Section 5

Title : Payment for Damage

State : Central

Year : 1894

Preliminary Investigation 5. Payment for damage.- The 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, he 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.

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Land Acquisition Act, 1894 Section 5A

Title : Objections : Hearing of Objections

State : Central

Year : 1894

.....sub-section (1) shall be made to the Collector in writing, and the Collector shall give the objector an opportunity of being heard in person or by any person authorised by him in this behalf or by pleader and shall, after hearing all such objections and after making such further inquiry, if any, as he thinks necessary, either make a report in respect of the land which has been notified under section 4, sub-section (1), or make different reports in respect of different parcels of such land, to the appropriate Government, containing his recommendations on the objections, together with the record of the proceedings held by him, for the decision of that Government. The decision of the Appropriate Government on the objections shall be final. (3) For the purposes of this section, a person shall be deemed to be interested in land who would be entitled to claim an interest in compensation if the land were acquired under this Act.]

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Land Acquisition Act, 1894 Section 6

Title : Declaration That Land is Required for a Public Purpose

State : Central

Year : 1894

.....orders an different declarations may be made from time to time in respect of different parcels of any land covered by the same notification under section 4, sub-section (!), irrespective of whether one report or different reports has or have been made (wherever required) under section 5-A, sub-section (2): 1[Provided that no declaration in respect of any particular land covered by a notification under section 4, sub-section (1),-- (i) published after the commencement of the Land Acquisition (Amendment and Validation) Ordinance, 1967 but before the commencement of the Land Acquisition (Amendment) Act, 1984 shall be made after the expiry of three years from the date of the publication of the notification; or (ii) published after the commencement of the Land Acquisition (Amendment) Act, 1984, shall be made after the expiry of one year from the date of the publication of the notification: Provided further that no such declaration shall be made unless the compensation to be awarded for such property is to be paid by a company, or wholly or partly out of public revenues or some fund controlled or managed by a local authority.] 2[Explanation 1.-In computing any of the.....

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Land Acquisition Act, 1894 Section 7

Title : After Declaration, Collector to Take Order for Acquisition

State : Central

Year : 1894

Declaration of intended acquisition 7. After declaration, Collector to take order for acquisition.- Whenever any land shall have been so declared to be needed for a public purpose or for a company, the appropriate Government or some officer authorised by the appropriate Government in this behalf, shall direct the Collector to take order for the acquisition of the land.

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Land Acquisition Act, 1894 Section 8

Title : Land to Be Marked Out, Measured and Planned

State : Central

Year : 1894

Declaration of intended acquisition 8. Land to be marked out, measured and planned.- The Collector shall thereupon cause the land (unless it has been already marked out under section 4), 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.

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Land Acquisition Act, 1894 Section 9

Title : Notice to Persons Interested

State : Central

Year : 1894

.....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 authorised to receive service on their behalf, within the revenue district in which the land is situate. (4) In case any person so interested resides elsewhere, and has no such agent the notice shall be sent to him by post in a letter addressed to him at his last known residence, address or place of business and 1[registered under sections 28 and 29 of the Indian Post Office Act, 1898 (6 of 1898)]. _____________________ 1. Substituted by Act 68 of 1984, section 7 w.e.f. 24-9-1984.

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