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Home Bare Acts Phrase: immcRequisitioning and Acquisition of Immc Vable Property Act, 1952 Preamble 1
Title: Requisitioning and Acquisition of Immc Vable Property Act, 1952
State: Central
Year: 1952
THE REQUISITIONING AND ACQUISITION OF IMMC VABLE PROPERTY ACT, 1952 [Act, No. 30 of 1952] [14th March, 1952] PREAMBLE An Act to provide for the requisitioning and acquisition of immovable property for the purposes of the Union.
View Complete Act List Judgments citing this sectionRequisitioning and Acquisition of Immc Vable Property Act, 1952 Complete Act
Title: Requisitioning and Acquisition of Immc Vable Property Act, 1952
State: Central
Year: 1952
.....from awards in respect of compensation Section12 - Competent authority and arbitrator to have certain powers of civil courts Section13 - Power to obtain information Section14 - Power to enter and inspect Section15 - Service of notice and orders Section16 - Easement not to be disturbed Section17 - Delegation of powers Section18 - Protection of action taken in good faith, Section19 - Bar of jurisdiction of civil courts Section20 - Penalty for offences Section21 - Certain persons to be public servants Section22 - Power to make rules Section23 - Validation of certain requisitions and acquisitions Section24 - Repeals and savings Section25 - Special provision as to certain requisitions under Act 51 of 1962 Section26 - Special provision as to certain requisitions under Act 42 of 1971
List Judgments citing this sectionRequisitioning and Acquisition of Immc Vable Property Act, 1952 Section 1
Title: Short Title, Extent and Duration
State: Central
Year: 1952
(1) This Act may be called the Requisitioning and Acquisition of Immovable Property Act, 1952. (2) It extends to the whole of India except the State of Jammu and Kashmir. 1[(3) *****] Note.--The Act was extended up to 14-5-1970 in Kerala by Kerala Act 6 of 1968, section 2. ________________________ 1.Sub-section (3), which was earlier substituted by Act 48 of 1963 has been omitted by the Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1970 (1 of 1970), section 2 (11-3-1970).
View Complete Act List Judgments citing this sectionRequisitioning and Acquisition of Immc Vable Property Act, 1952 Section 2
Title: Definitions
State: Central
Year: 1952
.....all persons claiming, or entitled to claim, an interest in the compensation payable on account of the requisitioning or acquisition of that property under this Act; (e) "premises" means any building or part of a building and includes-- (i) the garden, grounds and outhouses, if any, appertaining to such building or part of a building; (ii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof; (f) "prescribed" means prescribed by rules made under this Act; (g) "property" means immovable property of every kind and includes any rights in or over such property; (h) "tenant" means any person by whom or on whose account rent is payable for any premises and includes such sub-tenants and other persons as have derived title under the tenant under any law for the time being in force.
View Complete Act List Judgments citing this sectionRequisitioning and Acquisition of Immc Vable Property Act, 1952 Section 3
Title: Power to Requisition Immovable Property
State: Central
Year: 1952
.....the cause, if any, shown by any person interested in the property or in possession thereof, the competent authority is satisfied that it is necessary or expedient so to do, it may, by order in writing, requisition the property and may make such further orders as appear to it to be necessary or expedient in connection with the requisitioning : Provided that no property or part thereof-- (a) which is bona fide used by the owner thereof as the residence of himself or his family, or (b) which is exclusively used either for religious worship by the public or as a school, hospital, public library or an orphanage or for the purpose of accommodation of persons connected with the management of such place of worship or such school, hospital, library or orphanage, shall be requisitioned : Provided further that where the requisitioned property consists of premises which are being used as a residence by a tenant for not less than two months immediately preceding the date of the service of notice under sub-section (1), the competent authority shall provide such tenant with alternative accommodation which, in its opinion, is suitable.
View Complete Act List Judgments citing this sectionRequisitioning and Acquisition of Immc Vable Property Act, 1952 Section 4
Title: Power to Take Possession of Requisitioned Property
State: Central
Year: 1952
(1) Where any property has been requisitioned under section 3, the competant authority may, by notice in writing, order the owner as welt as any other person who may be in possession of the property to surrender or deliver possession thereof to the competent authority or any person duly authorised by it in this behalf within thirty days of the service of the notice. (2) If any person refuses or fails to comply with an order made under sub-section (1), the competent authority may take possession of the property and may, for that purpose, use such force as may be necessary.
View Complete Act List Judgments citing this sectionRequisitioning and Acquisition of Immc Vable Property Act, 1952 Section 5
Title: Rights over Requisitioned Property
State: Central
Year: 1952
(1) All property requisitioned under section 3, shall be used for such purposes as may be mentioned in the notice of requisition. (2) Where any premises are requisitioned under section 3, the competent authority may order the landlord to execute such repairs as may be necessary and are usually made by landlords in that locality and as may be specified in the notice, within such reasonable time as may be mentioned therein, and if the landlord fails to execute any repairs in pursuance of such order, the competent authority may cause the repairs specified in the order to be executed at the expense of the landlord and the cost thereof may, without prejudice to any other mode of recovery, be deducted from the compensation payable to the landlord.
View Complete Act List Judgments citing this sectionRequisitioning and Acquisition of Immc Vable Property Act, 1952 Section 6
Title: Release from Requisitioning
State: Central
Year: 1952
.....of the requisition or to the successors-in-interest of such person. (3) The delivery of possession of the property to the person specified in an order under subsection (2) shall be a full discharge of the Central Government from all liability in respect of the property, but shall not prejudice any rights in respect of the property which any other person may be entitled by due process of law to enforce against the person to whom possession of the property is given. (4) Where any person to whom possession of any requisitioned property is to be given is not found and has no agent or other person empowered to accept delivery on his behalf, the competent authority shall cause a notice declaring that the property is released from requisition to be affixed on some conspicuous part of the property and shall also publish the notice in the Official Gazette. (5) When a notice referred to in sub-section (4) is published in the Official Gazette, the property specified in such notice shall cease to be subject to requisition on and from the date of such publication and shall be deemed to have been delivered to the person entitled to possession thereof and the Central Government shall.....
View Complete Act List Judgments citing this sectionRequisitioning and Acquisition of Immc Vable Property Act, 1952 Section 7
Title: Power to Acquire Requisitioned Property
State: Central
Year: 1952
.....at the expense of the Central Government and the Government decides that the value of, or the right to use, such works should be secured or preserved for the purposes of Government; or (b) where the cost of restoring the property to its condition at the time of its requisition would, in the determination of the Central Government, be excessive and the owner declines to accept release from requisition of the property without payment of compensation for so restoring the property. (4) Any decision or denomination of the Central Government under sub-section (3) shall be final and shall not be called in question in any Court. (5) For the purposes of clause (a) of sub-section (3) "works" includes buildings, structures and improvements of every description.
View Complete Act List Judgments citing this sectionRequisitioning and Acquisition of Immc Vable Property Act, 1952 Section 8
Title: Principles and Method of Determining Compensation
State: Central
Year: 1952
.....commencement for a period shorter than five years and the maximum period within which such property shall, in accordance with the provisions of sub-section (1A) of section 6, be released from requisition or acquired, extends beyond five years from such commencement, -- (i) first with effect from the date of expiry of five years from the date on which possession of such property has been surrendered or delivered to, or taken by, the competent authority under section 4, and 4[(ii) secondly with effect from the date of expiry of five years, and thirdly with effect from the date of expiry of len years, from the date on which the revision made under sub-clause (i) takes effect;] 4[(c) in any other case, -- "(i) first with effect from the date of expiry of five years from the date on which possession of such property has been surrendered or delivered to. or taken by, the competent authority under section 4, and 5[(ii) secondly with effect from the date of expiry of five yeans, and thirdly with effect from the date of expiry of ten years, from the date on which the revision under sub-cl. (i) takes effect.] (2B) The recurring payment in respect of any property shall be.....
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