 bill no 85 of 1980 the requisitioning and acquisition of immovable property (amendment) bill, 19bo                                                   a                                                bill further to amend the                                  requisitioning and acquisition of immovable                                     property act 1952    be it enacted by parliament in the thirty-first year of the republic of india as follows:-·                                                                               i!' 1 (1) this act may be called the requisitioning and acquisition of short immovable property (amendment) act, 1980 title and com-5 (2) this act, except section 4 thereof, shall be deemed to have come menceinto force on the 7th day of march, 1980 ment 30 of 1952 z in section 6 of the requisitioning and acquisition of immovable amend-property act, 1952 (hereinafter referred to as 'the principal act), in subment of section (la), for the words "ten years", wherever they occur, the words section 8 10 "fifteen years" shall be substituted 3 in section 8 of the principal act, in sub-section (2a) ,-amendmentot section 8 (4) in clause (4), for sub-clause (ii), the following 8ub-clause shall be !!ubstituted, namely:-is "(ii) ~ondly with effect from the expiry of ft •• years, and thirdly with effect from the expiry of ten years, from sueh eomrmencement;"; (b) in clause (b), for sub-clau'ie (ii) , the following sub-clause shall be substituted, namely:- 'i(ii) secondly with effect from the date of expiry of five year!! and thirdly with effect from the date of expiry of ten years, from the date on which the revision made under iub-cwe (i) takes ef!eet;"; (c) for c'lause (c), the followinc clause sbaii be substituted, namely:- (c) in any other case,-5 " (i) first with effed from the date of expiry of five yean from the date on which possession of such property has been surrendered or delivered to, or taken by, the competent authority under sedioa 4, and (ii) secondly with effect from the date of expiry of five 10 years from the date on which the revision ~ sub-clause (i) takes effect" 4 in section 22 of the principal act for sub-section (3), the following sub-section shall be substituted, namely:-amendmentof section 22 "(3) every rule made under this act shall be laid, as soon as is may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in· one ·esslon or in two or more successive sessions, and if, before the e¥piry of the session immediately following tbesession· or the suceessive sessions aforesaid, both houses agree ,jn making any modi- 20 fication in the rule or both housesaicee that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of~thitlgpreviously done under this act" 25 5 (1) the requisitioning and acquisition of immovable property (amendme'ftt) ordinance, 1980, is hereby teqe81ed 1 of 1980 repeal and saving (2) notwithstanding such repeal, anything done or any action taken under the principal act, as amended by the said ordinance, smil be deemed to have been done or taken under the principal act, as -amended by 30 ~ act  according to the provisions of the req':lisitioning ano acqu~ition of immovable pr9perty act, 1952 as these existed immeciiately before the amendment of th~ act by ordinance no, 1 of 1980, all' tope propej!tl~, which were requisitioned prior to the amendnu:nt of 'the aforesaid act in 1970, were required to be released from requisition or acquired by the 10th of march, 1980 however, it was found that a large number of t~ese properties ·are required to be retained by the ,mijlistry of·def·~nce or by the miniatry of works and housing and otl1~r' minisuie~· beyond 10th march, 1980, for qublicpurposes in the case 01 ministry of defence, theirdiftlculties in either releasing or acquiring the requisitioned  propetrt~which include :lmd are mainly due to strategic reasou ·an4 lack, of funds for acquiring the land now a phased programme ·ior aaqw;rg thesel properties within a period of three to five years is uncier contem plation·of that ministry similarly, in the case of ministry of works·and housiag, the need to continue the properties under· requisition· beyond the aforesaid date stems from the utter inadequacy of office pccommodation for various ministries/departments it was, therefore, decided to extend the maximum period for -which :?topel"ties could be lj'etained under requisition by apelim'of,five years 2 the amendment made in the parent act in 1975 provided for revision of recurring part of compensation in respect of' pr~ei'ties which were under requisition for a period of five years or more preceding the commencement of the aforesaid amendment in order to avoid hardship to the owners whose qroperties are under requisition it vias considered necessary to provide for one more revision of the above referred to part of the compensation 3 i!l the- oircumstanees stated above, the act was amellded through the rfk4uisltio1:'ing andc acquisition of immovable property (amendment) 0tdinance" 1980' (l·of 1980), so'as to extend the period for·whioh the properties could i ibe retained under requisition by five years and to provide for one-more reviaioil'jof the ~eauiting part/of oompensation 4 this bill see~ to replqce the af·:>resaid ordinance with a minor modification seeking' to substitute sub-section (3) of section 22 of the act by the provision recommended by the cofnmittee on subordinate legislation in relation to the laying of rules before parliament n~ dl!!tm; p c sethi 'l'he llth'maich,1980  president's recommendation,unnm article 117 of the constitution of india[copy of letter no 19016(z)i79-pol iv, dated the 14th march, 1980 from ~hri p c sethi, minister of works and housing to the secretary, lok sabha] thl' president, having been infonned of the subject matter of the requb:itioning & acquisition of immovable property (amendment) bill, 1980 ha~ recommended to lok sabha the consideration of the bill under article 117 (3) of the constitution ' clause 2 of the bill seeks to make certain amendments to 6ub-section (la) of section 6 of the requisitioning and acquisition of immovable pr~rty act, 1952, for extending the maximum period for which properties may be retained under requisition by a furtherperiod of five years 2 the aforesaid amendment will involve an additional expenditure in case of properties retained under requisition for the whole or any part of the additional period of five years, because compensation by way of recurring payment towards rent will have to be paid during such period it is not possible to estimate accurately the quantum of exqenditure towards payment of compensation a~ it will depend on the number of properties which may be retained under requisition during the extended period however, the annual liability (towards payment of compensation for requisitioned properties) under the act may be of the order of rs 180 lakhs 3 in section 8 of the princ~?bl act, sub-sections (2a) and (2b) were in<,ertpd by the requisitioning and acquisition of immovable property (amendment) act, 1975, to provide for revision of the amount of compensation, quinquennially according to these provisions, the smount of compensation payable for properties under requisition is to be revised in the manner indicated therein the extension of the period of retention of properties under requisition will result in another quinquennial revision of the corrv:?ensation and provision for such a revision has been made in clause 3 of the bill these provisions will involve an additional expenditure of a r~urring nature it is not possible to estimate such additional recurring exp:!nditure because the revised rates will be fixed by the competent a11thority keeping in view the circumstances prevailing at the time of such revision the amount of expenditure will also depend upon the periods for which different prcqerties may be retained and it is not possible to estimate at this stage as how long it would be necessary to keep different properties under requisition however, it is estimated that the annual additional liability on account of revision of recurring part of c'ompersation may be well over one crore rupees the land under requisition is mainly held by the ministry of defence who propose to acquire a large i;>ortion of it over the next five years it is estimated that the non-recurring liability on this account may be between 10 and 15 crore rupees with the derequisitioning of the existing 1>uudings and acquisition of land and buildings as planned by the government, the annual compensation payable· will come down  immovable property (aimendment) ordinance, 1980section 22 of the requisitioning and acquisition of immovable property act, 1952 (30 of 1952) provides for the power to make rules and sub-section (3) thereof makes provision· for laying of rules before parliament an opportunity has been taken to substitute the said sub-section (3) by a new provision which has been recommended by the committee on subordinate legislation clause 4 of the bill reflecta the aforehid modification the bill does not involve any other deviation from the ordinance ~  - - - - - 6 u) -                          -                                           -                                                           -                                                                           - release from requisitioning ,(ta)~:nu""itimtaliding'arythjngtcortained in 'sub-netion' (1), the 'omtrill government shall ·release-·f·rom requi'sition,-'-(a) any property requisitioned or deemed to be requisitioned under this act before the commencement of the requisitioning and acquisition of immovable property (amendment) act, 1970, on or before the expiry of a period of ten years from such commencement; (b) any property requisitioned under this act after such commencemen t, on or before the exqiry of a period of ten years from the date on which possession ot such property was surrendoered or delivered to, or taken by, the competent authority under section 4, unless such property is acquired under section 7 within the period of ten years afox:esaid - - -  - 8 (1) -                       -                                    -                                                  -                                                               -    (2a) the recurring payment, referred to in clause (a) of sub-section (2), in respect of any prcqerty shall, unless the property is sooner re-leased from requisition under section 6 or acquired under section 7, be revised in accordance with the provisions of sul>-iiection (2b)-prinei-pits and method of deter-mining compen-sation      (a) in a case where such property has been subject to requisition under this act for the period of five years or a longer period im-mediately preceding the commencement of the requisitioning and acquisition of immovable property (amendment) act, 1975-                                                                               -                                                                                                                                      -       (ii) again with effect from the expiry of five years from such commencement;      (b) in a case where such property has been subject to requisi-tion under this act immediately before such commencement for a period shorter then five years and the maximwn period within wbicb such property shall, in accordance with the provisions of sub-sec-tion (la) of section 6, be released from requisition or acquired, ex-tends beyond five years from such-commencement,-        -                        -                                       -                                                      -                                                                     -       (ii) again with effect from tlil! date of expiry of a period of five years from the date on which the revision made under sub-clause (i) takes effect; (c) in any other case, 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 - - - - - 22 (1) - - - - - power tomue rules, (3) all rules made under the provisions of this act shall be laid, a8 soon as may be, before parliament - - - - -  a bill further to amend the requisitioning and acquisition of immovable property act, 1952 '(sari p c sethi, minute" c>t workl cmd houring) 