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Start Free TrialBombay Land Requisition Act, 1948, (Maharashtra) Section 11
Title: Powers to Take Possession
State: Maharashtra
Year: 1948
(1) Any officer authorised in this behalf by the 1[State] Government by a general or special order may take possession of any land in respect of which an order has been made under section 5 or 6 2[or sub section (1) of section 8C] or sub-section (7) of section 9 and may take or cause to be taken such steps and use or cause to be used such force as may in the opinion of such officer, be reasonably necessary for taking possession of such land. (2) The 1[State] Government may, after giving 15 clear days' notice to the person from whom possession of the land has been taken under sub-section (1) remove or cause to be removed or dispose of by public auction any property remaining on such land. (3) Where property is sold under sub-section (2), the sale proceeds shall after deducting the expense of sale, be paid to such person or persons who may appear to the 1[State] Government to be entitled to the same. __________________ 1. The word "State" was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 2. Substituted by Mah. 35 of 1981, section 4.
View Complete Act List Judgments citing this sectionResettlement of Displaced Persons (Land Acquisition) Act, 1948 Section 5
Title: Vesting and Taking Possession of Land
State: Central
Year: 1948
(1) When a notice of acquisition is served or is published under section 4, the land shall vest absolutely in the1[State] Government free from all encumbrances on the date the notice is so served or published in the official Gazette. (2) The competent authority may, at any time after the land has become so vested, proceed to take possession thereof: Provided that such authority shall not take possession of any building or part of a building under this sub-section without giving to the occupier thereof at least forty-eight hours' notice of his intention so to do, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such building without unnecessary inconvenience. ________________________ 1. Substituted for "Provincial" by A.O. 1950.
View Complete Act List Judgments citing this sectionBombay Tenancy and Agricultural Lands Act, 1948 Complete Act
State: Maharashtra
Year: 1948
BOMBAY TENANCY AND AGRICULTURAL LANDS ACT, 1948 BOMBAY TENANCY AND AGRICULTURAL LANDS ACT, 1948 67 of 1948 An Act to amend the law relating to tenancies of agricultural lands and to make certain other provisions in regard to those lands. WHEREAS, it is necessary to amend the law which governs the relations of landlords and tenants of agricultural lands; AND WHEREAS, on account of the neglect of a landholder or disputes betsveen a landholder and his tenants, the cultivation of his estate has seriously suffered, or for the purpose of improving the economic and social conditions of peasants or ensuring the full and efficient use of land for agriculture, it is expedient to assume management of estates held by landholders and to regulate and impose restrictions on the transfer of agricultural lands, dwelling houses, sites and lands appurtenant thereto belonging to or occupied by agriculturists, agricultural labourers and artisans in the Province of Bombay and to make provisions for certain other purpose hereinafter appearing; It is enacted as follows:- CHAPTER 1 Preliminary Section 1 Short title, extent and commencement (1) This Act may be called the BOMBAY.....
List Judgments citing this sectionEast Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 Complete Act
State: Punjab
Year: 1948
.....HOLDINGS (CONSOLIDATION AND PREVENTION OF FRAGMENTATION) ACT, 1948 EAST PUNJAB HOLDINGS (CONSOLIDATION AND PREVENTION OF FRAGMENTATION) ACT, 1948 ACT NO. 50 OF 1948 THE EAST PUNJAB HOLDINGS (CONSOLIDATION AND PREVENTION OF FRAGMENTATION) ACT, 1948 East Punjab Act No. 50 of 1948 Contents Sections Subject CHAPTER I PRELININARY 1. Short title, extend and commencement 2. Interpretation CHAPTER II DETERMINATION OF STANDARD AREAS AND TREATMENT OF FARGMENTS 3. Determination of Notified Area 4. Settlement of Standard Areas 5. Determination and Settlement of Standard Areas 6. Entry in the Record of Rights 7. Transfer and lease of fragments 8. Fragmentation prohibited 9. Penalty for transfer or partition contrary to provision of Act 10. Valuation of fragment 11. Transfer of fragment 12. Partition of estate assessed to payment of revenue to Government to separation of share thereof 13. State government of local authority not to acquire land so as to leave fragment CHAPTER III CONSOLIDATION HOLDINGS 14. .....
List Judgments citing this sectionBombay Land Requisition Act, 1948, (Maharashtra) Section 9
Title: Release from Requisition
State: Maharashtra
Year: 1948
.....for a period longer than 5 years. The Government of India has accordingly amended the Requisitioning and Acquisition of Immovable Property Act, 1952, by Act I of 1970 and Act I of 1973. The State Government had decided to amend the Bombay Land Requisition Act, 1948, on the lines of the Amendment Acts passed by the Government of India, i.e., to have permanent statutory powers of requisitioning of property for various public purposes whenever occasion arise with the safeguard that the property shall be continued under requisition after the commencement of the legislation for more than 5 years.- vide Statement of Objects and Reasons. Deterioration.- The expression "deterioration" in section 9(2) (a) is not used as distinct from "damage"; it merely means "impairment in value". Such deterioration may, subject to the stated exceptions, be from natural causes as well as from human agencies, except where damage is done internationally or maliciously.- State v. Mishrilal Onkardas Joshi, ILR 1952 Bom. 771. Release from requisition.- If the premises are not used for any public purpose then the Government is under obligation to release the premises from requisition.- Rangubai.....
View Complete Act List Judgments citing this sectionBombay Land Requisition Act, 1948 Complete Act
State: Maharashtra
Year: 1948
.....determined in accordance with the provisions of the Defence Act (including the rules made thereunder) as if those provisions were for such purpose enacted in this Act and shall continue to apply to such property and any agreement or award so made shall apply to the payment of compensation for the period of requisitioning under the Defence Act, and also under this Act. SECTION 08: PAYMENT OF COMPENSATION (1) When any land is requisitioned or is continued to be subject to requisition under this Act, there shall be paid subject to the provisions of [sections 7 and 7A,J compensation to persons having interest in such land the amount of which shall be determined by an officer authorised in this behalf by the 25[State] Government who shall hold an inquiry in the manner prescribed. The officer shall determine such amount of compensation as he deems just having regard to all the circumstances of the case and in particular he shall be guided by the provisions of sub-section (1) of section 23 and section 24 of the Land Acquisition Act, 189426[(as in force in the27[Bombay area of the State of Maharashtra] )] in so far as they can be made applicable. (2) Where there are several persons.....
List Judgments citing this sectionCensus Act, 1948 Complete Act
State: Central
Year: 1948
.....for certain matters in connection with the taking of such census; It is hereby enacted as follows:- SECTION 01: SHORT TITLE AND EXTENT (1) This Act may be called the Census Act, 1948. 3[((2) It extends to the whole of India4 [* * *].] SECTION 02: DEFINITIONS '-In this Act, unless the context otherwise requires,- (a)"premises" means any land building or part of a building and includes a hut, shed or other structure or any part thereof; (b)"prescribed" means prescribed by rules made under this Act; (c) "vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise. SECTION 02A: RULE OF CONSTRUCTION RESPECTING ENACTMENTS NOT EXTENDING TO JAMMU AND KASHMIR Any reference in this Act to the Indian Penal Code (45 of 1860), the Indian Evidence Act, 1872 (1 of 1872) or the Code of Criminal Procedure, 1973 (2 of 1974), shall, in relation to the State of Jammu and Kashmir, be construed as a reference to the corresponding enactment in force in that State.] SECTION 03: CENTRAL GOVERNMENT TO TAKE CENSUS - The Central Government may, by notification7in the Official Gazette, declare its.....
List Judgments citing this sectionDentists Act, 1948 Complete Act
State: Central
Year: 1948
.....effectively. The Bill seeks to achieve the above objects S.O.R. Gaz., of India. 1-6-72. Pt. II.S.2. Ext. P. 598. ACT 30 of 1993 : - The Dentists Act, 1948 was enacted with the object of regulating the profession of dentistry and for that purpose to constitute Dental Councils. 2. The experience of the working of the Act has brought to light certain inadequacies. One of the most noticeable inadequacies has been the mushrooming of the dental colleges without adequate academic and training facilities as laid down in the regulations of the Dental Council of India. At present, the law does not require any one to seek the prior permission of Dental Council of India before establishing a new dental college or for adding a new course of study or post- graduate course or for increasing the capacity of 'students in any existing college, taking advantage of these legal lacumae dental colleges were being established after obtaining the permission of the State Government and affiliation from the University concerned. After the students had put in two or three years of study, such colleges were approaching the Dental Council of India for recognition. The Dental Council of India is not in a.....
List Judgments citing this sectionPharmacy Act, 1948 Complete Act
State: Central
Year: 1948
.....otherwise than by, or under the direct and personal supervision of, a registered pharmacists."-Gaz. of Ind.,1947, Part V, page 469. Amending Act 24 of 1959 :- The Pharmacy Act, 1948 (8 of 1948), which provides for the regulation of the profession and practice of pharmacy has been in force since 1948. This Bill seeks to amend the Act so as to give effect to the following objects, namely :- (1) the extension of the Act to the areas comprised in the former Part B States; (2) the introduction of provisions necessary to meet the situation which has arisen on account of the reorganisation of States which took effect on 1st November, 1956; (3) the registration of certain categories of persons. Opportunity has also been taken to make a few minor amendments in the Act, the need for which has been brought to light in the course of the administration of the Act during the last ten years. The Notes on clauses appended hereto explain the provisions of the Bill, wherever necessary.-Gaz. of India, 10- 12-1958. Pt. II, section 2, Ext., p. 1253. Amending Act 70 of 1976 :-The Bill seeks to provide for wider representation on the Pharmacy Council of India by providing for the inclusion in.....
List Judgments citing this sectionThe Central Provinces and Berar Accommodation (Requisition) Act, 1948 Complete Act
State: Central
Year: 1948
THE CENTRAL PROVINCES AND BERAR ACCOMMODATION (REQUISITION) ACT, 1948 THE CENTRAL PROVINCES AND BERAR ACCOMMODATION (REQUISITION) ACT, 1948 (Act No. LXIII of 1948) An Act to provide for powers to requisition accommodation for certain purposes. Preamble:-Whereas it is expedient to provide for powers to requisition accommodation for providing residence for a person holding office of profit under the 2 [state Government or for locating any public office of the - 3 [State Government] or any local authority; It is hereby enacted as follows: SECTION 01: SHORT TITLE AND EXTENT (1) This Act may be cited as the Central Provinces and Berar Accommodation (Requisition) Act, 1948. (2) It extends to the whole of 4[Vidarbha Region of the State of Maharashtra]. Notes: 1. Received the assent of the Governor-General on the 15th October, 1948 ; assent first published in the Central Provinces and Berar Gazette, Extraordinary, on the 18th October, 1948. 2. Subs. for "Government" by Madhya Pradesh Act, XXIX f 1951, Section 2. 3. Subs. for "Provincial Government'' by A.O. 1950. 4. Subs. vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960, clause 4 (1). .....
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