; '8111 no 63 01 198  : ,  " the ,land acqulsi'i'ion ,(amendmenr) blj,l, 1984  billfurther to amend the land acquisition act, 1894 be it enactei by parliament in the thirty·ftfth year of the republic of india ~ follows:-short title '1 this act may be caned the land acquisition (amendment) act, 1 9 8 4  '  2, in su~sectiqjl(2) of section 1 of the land ac4iq~c;ition act, 1894 i or 1894 5 amendmentof aeetion 1 (her~inafterreferrcd to as the prill~ipal act), for the words, figures and letters "the territories which, in1meciiately before,;the 1st november, 1956, were comprised in part b stat~,; and", the words lithe state of jammu and kashmir" shall be substituted 3 in section 3 of the principal act,-10 amendmentof shall be inserted, section 3 (a) after clause (a), the following clause namely:-'~q(1), ~he expression ~'iocal authority" includes a town planning autbodty(by whatever name called~ aet up under any law for the time being in force;'; (b) after clause (c'), the following clbuse shall be iaserted, namely:i_ '(cc) the expressiqn "cprporcltiqn owped'(8 ~11ed by the 'state" rn~  rs jily body corpql'a~ e~tabubeti ~ or under a central, provincial or state act, and includes a government company as defined in section 617 of the companies act, 1956, a society regi~tered under the societies registration act, 1860, or under any corresponding law for the time being in force in a state, being a society established or administered by govern- 5 ment and a co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any state, being a co-operative society in which not less than fifty-one per centum of the paid-up share capital is held by the central government, or by any state government of, govern- 10 ments, or partly by the central government and partly by one or more state governments;'; (c) for clause (e), the following clause shall be' substituted, namely:-- (e) the expression "company" means-15 (i) a company as defined in section 3 of the companies 1 of 1956 act, 1956, other than a government company referred to in clause (cc); (iii) a society registered under the societies registration 21 of 1860 act, 1860, or under any corresponding law for the time being 20 in force in a state, other than a society referred to in clause (ex) ; (iii) a co-operative society within the meaning of any '1aw relating to co-operative societies for the time being in force in any state, other than a co-operative society referred 25 to in clause (cc) j'j cd) for clause (1), the following clause shall be substituted, namely:- - (f) the expression ··public purpose" includes-(i) the provision of village-sites, or the extension; plan- 30 ned development or impr~vement of existing village-si~es; cii) the provision of land for town or rural planningj (iii) the provision of land for planned development of l~nd from public funds in pursuance of any scheme or policy of government and subsequent disposal thereof in whole or 35 , in part by lease, assignment or qutright sale with the' object , ;)f securing further developtrient as phmnt!d;  (iv) the provision of land for a corporation owned or controlled by the state; (v) the provision ,of land for residential purposes to the 40 poor or landless or to persons residing in areas affected by natural calamities, or to persons displaced or affected by reason of the implementation of any scheme undertaken by government, any local authority or a corporation owned or controlled by the state; 45 (vi) the provision of land for carrying out any educational, housing, health or slum clearance scheme sponsored by government or by any authority established by governmeat ,for earryin~ out ady s~ch scheme, or, w,iththe prior approval of the appropriate government by a l~al authority, 50  the land ac~isition (amendment) bill, 1984 (to be/as introduced in !ok sabha)1 page 3, line 24,-121: "a s to" ~ "a s th e " 2 page 3, in the marginal heading to clause 6,_ fbl: "amendment 0 " ~ "amendment of" 3 page 10, line 22,-after "dqt e 0 f" in sert "the" ~ page 11, line 4,-!ql: "inffstitutions" ~ "institutions" 5 page 11, line 11 i from bottom,-tal: ''herceforth'' ~ ''henceforth n , page 12, line 1,-for "a cqui si toin" ~ "acquisition" 7 page 12, line 4 from bottom,-!tu: lib 11" tem "bill" new delhi; july l1-~1,"""9m8"",,,,4~~-!- sravana 9, 190' (saka) 21 of 1860  or a society registered under the societies registration act, 1860, or wlder any corresponding ~aw for the time being in force in a state, or a ,co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any state; 5 (vii) the provision of land for any other scheme of de; velopment sponsored by government, or, with the prior approval of the appropriate government, by a local authority; (viii) the provision of any premises or building for locating a public office, 10 but does not include acquisition of land for companies;'j 14 of 1882 5 of 1908, (e) in clause (g), in the proviso,' in clause (iii), for the words and figures "chapter xxxi of the code of civil procedure", the words  and figures "order xxxii of the first schedule to the code of civil procedure, 1908" shall be substituted  t in sub-section (1) of section 4 of the principal act,-amend mentol (4) after the words "any public purpose", the words "or for a section 4 company" shall be inserted;  (b) after the words "official 'gazette", the words "and in two 20 i daily newspapers circulating in that locality of which at least one shall be ih the regional language" shall be inserted; (c) after the words "in the said locality", the brackets and words , (the last of th(> dates of such publication and the giving of such public notice, being hereinafter referred to as to date of the publica-25 tion of the notification)" shat! be ipserted 5, in section 5a of the principal act,-amendmentot section 5a , (a) in sub-section (1), for the words "within thirty days after the issue of the notification", the words "within thirty days from the date of the publication of the notification" shall be substituted; 30 (b) in sub-section (2), for the words "either in person", the words "in person or by any person authorised by him in this behalf" shall be substituted  6 in section 6 of the principal act-(a) in sub-section' (1) ,-' amendment 0: section 8 35 (1) for the first proviso, the following proviso shall be substituted, namely: - "provided that no declaration in respect of any particular land covered by a notification under section 4, subsettion (1 ) ,--1 of 1967 (i) published after the commencement of the land acquisition (amendm~nt and validation) ordinance 1967, but· ~efore the commencement of the land acquisition (amendment) 'act, 1984, 'shallbe made after the !!xpiry of trr~eyears from the date of" the publication of the notification; or i  ---(ii) pub-iished after the commencement of the land acquisition (amendment) act, 1984, shah-be made after the expiry of one year from the date of the publication of the notification: " j (2) the following explanations shall be inserted at the end, 5 hame!y:-"ea-planationl-ln corop~ting any of the periods referred to in the 'first proviso, the period during which any action or proceeding to be taken in 'pw'suance of the notification issued tinder section 4, sub-section (1), is iltayed by an order to of a court shall be excluded explanation 2-where the compensation to be awarded for such property is to be paid out of the funda of a corporation owned or controue<i by the state, such compensation shall be deemed to be compensation paid out of public 15 revenues"; (b) i~ sup-8ecti~~ (2), for the woj;ds ", an4 s~ll state", the words and brackets "and in two daily newspapers circulating in the lo~jity in which the hand is si,tuate of which at least one shall be in the regional language, and the collector shall cause public notice of 20 the substance of such declarati,on to be give~ at convepient places in the: said locality (the last of the dates 'of iuca pubuc!ltion and the giving of sueh public notice, being hereinafter ~ferred to as the date of the publication of the declaration) ,and' such declaration shall state" shall dc substituted 25 14'of 1866 amendmentof lection 9 6 of 1898 \ 7 ,in sectiqn 9 of the principal act, in sub-section (4), for the words wld figures ";registereo under part~ iii ot the indian post oftlce act, 1866", the words and figures ''registered under sections 28 and 29 of the indian post office act, 1 fl98" shall be substit,uted 8 section 11 cji t~ principal act shall be re-numbered as sub- 30 section (1) ~ that section, and,-amend~ mem ot uctlon 11 (a) in sub-section (1) as so re-numbered, the ~uqwing provisos shall be inserted at the e'nd, namely:-"provided that no awa~d shall be made by the collector under this sub-section without the previous approval of, the 35 appropriate government or of such o1ftcer as the appropriate government may authorise in this be~f: provided further that it shall he c0t:npetent w the appropriate govemment to direct that the couector m~y qlllke such award without such approval in such class of cases as the appropriate government may specify in this behalf"; 40 , (b)after sub-section (1) as so re-numbered, the following su}> sections shall be inserted, namely:-, "(2) no,tw:i-tjlstanliing anything contained in sub-section (1), if at ,a~ stage of the proceedings, the collector ia satisfied 45 that aij t~ ~ ~nterested in the land who appeared before hi~ ha,ve a~~ ~, writing on the matters to be included in th~ aw~~ o~ :!;he, collector in the form ,p~escribed by rules made by the appropriate government, he may, without making further enquiry, make an award according to the terms of such agreement ,(3) the dete~mination of coplpel}satioxl; for any land under 5 sub-~tion (2) shaunot in any w~ aifect thedeterminlition of compensation in respect of other land,s in the ~me locality or elsewhere in accordance with the other provisions of ,tlilis act lit of 1908 10 (4) notwithstanding anything contained in the registration act, 190&, no agreement made under su~sectlon (2) shall be liable to registration under that act" 9 after section 11 of the principal act, the following section shall be inserted, namely:-iqselqu of~ section lla "lla (1) the collector shall make an award under section 11 within a period of two years from th~ date of the public~tion of the declaration and if no award is made within that period, the entire pr/?ceedings for the acquisition of the land shall lapse; period within which an award shall be made ~o provided that in a case where the said declaration has been published before the commencement of the rnd : acqulsition (amendment) act, 1984, the award shall be made within a period of two years from such cqmmencement" 10 after section 13 of the principal act, the following section shall be inserted, namely:-inrertjon of new section 13a correction of clerical errors, etc "13a (1) the collector may, at any time but not later than six months from the date of the award, or where he has been required under section 18 to make a reference to the court, before the making of such reference, by order, correct any clerical or arithmetical mistakes in the award or errors arising therein either on his own motion 9r on the application of any person interested or a local authority: 30 provided that no correction which is likely to affect prejudiciany jilny person shall be made unless such person has been given a reasonable opportunity of making a representation ~n the matter (2) the collector shall give immediate notice of any correction jv~e in the award to all the persons interested 35 (~) where any ex~ess aj;ilqunt is provedto ~ve ~n paid to any person as jil result of the correction macle udcler sub-section (1), the excess amount so p~d shall be l,il;lhle to be refun~d -nd in the c~e of 4u1y default or refuslu to pay, the ~ame may be rec;overed as ari arrear of land revenue:'' amendment of section a 14 of 188240 11 in sectiqn 14 of the princlpal act, for the words "~of civil - of 1908 procedure", the wgrds and figures "code of civil prqcedwe, 1908" shall  be substituted ,/' ii after section 15 of th~ priricipal act, the following section shall be inserteci, nameiy:-"l&a the appropriate government may at any time before the award is made by the collector under section 11 call for any record of any proceedings (whether by way of enquiry or otherwise) for 5 the purpose of satisfying itself as to the legality or propriety of any findin or order passed or as to the regularity of such proceedings and 'may pass such order or issue such direction in relation thereto as it may think fit: provided th8t the appropriate government shall not pass or 10 issue any order or direction prejudicial to any person without affording such person a reasonable opportunity of befug heard" 13 in section 17 of the principal act,-amendment 'of eetlon 17 (0) in sub-section (1), for the words "take possession of any waste or arable land needed for public purposes or for a company", 15 the words "take possession of any land needed for a public purpose" shall be substituted; (b) in sub-section (2), after the words "access to any such station,", the words "or the appropriate government considers it necessary to acquire the immediate possession of any l~nd for the 20 purpose of maintaining any structure or system pertaining to irrigation, water supply, drainage, road communication or electricity," shall be inserted; (c) after sub-section (3), the following sub-sections shall be inserted, namely:-25 , (3a) before taking possession of any land under subsection (1) or sub-section (2), the collector shall, without prejudice to the provisions of sub-section (3) ,-(a) tender payment of eighty per centum of the compensation for such land as estimated by him to the persons 30 interested entitled thereto, and (b) pay it to them, unless prevented by some one or more of the contingencies mentioned in section 31, sub-, section (2), and where the collector is so prevented, the provisions of 35 section 31, sub-section (2), (except the second proviso thereto), shall apply as they apply to the payment of· compensation under that section (3b) the amount paid or deposited under sub-section (3a), shall be taken into account for determining the amount of 40 compensation required to be tendered under section 31, and where the amount so paid or deposited exceeds' the compensati-on awarded by the collector under section 11, the ex('ess may, unlehs refunded \\1thin three months from the date of the collector's award, be recovered as an arrear of land revenue"'; (d) in sub-section (4), for the words "after the publication of the notification", the words "after the date of the pllbucatiqn of the notification" shall be substituted 14 hi section 19 of the principal act, in sub-section (1) ,-amendment of (a) in' clause (c), the word "and" occurring at the end shall be iiection 19 omitted; (b) after clause (e), the following clause shall be inserted namely:-5 "(ee) the amount paid or deposited under sub-section (1a) of section 17; and" 15 ia sulhedioa (2) of section %3 01 die principal ad, for llie " amend-"fifteen per centum", the words "tbirty per centum"sbau be  ituted =:t~!no~3: 10 16 in section 24 of the principal act,-amendment of (a) in clause sixthly, the word "or" occurring at the end shall iectlon 24 be omitted; (b) in clause scventhly, the word "or" shall be inserted at the end, and after the clause as so amended, the following clause shall be inserted, namely:-15 "eigltthly, any increase to the value of the land on account of its being put to any use which is forbidden by law or opposed to public policy" 17 for section 25 of the principal act, the following section shall be substisubstituted, namely:-tutlon of 20 new section for section 25 "25 the amount of compensation awarded by the court shalj not be less than the amount awarded by the collector under section 11" amount of compensation awarded by court not to be lower than the amount awllrded by the collector 18 in section 28 of the principal act,-amendment of (a) for the words "six per centum", the words "dine p'r ceatum" section shad be substituted; 28 (b) the following proviso shall be inserted at the end, namely:-, ··provj(j'!ti that the award of the court may al'io direct that where soc!h ucess or any part thereof is paid into cc)urt after the date of expiry of a period cpf one year from the date on which possession til taken, interest at the rate of fifteen per eentum per annom shah be payable from the date of expiry of tbe said period of one year on the amount of such, excess or part thereof 1 which bas not been paid into court before d1'! dme of, sueh es;- " pii'y· - 19 in part iii of the principal act, after section 28, the following section shall be inserted, namely:-illftrtiall of new section 28a re-determination of the amount of compensation on the baaia of the award df' the court "28a (1) where in an award under this part, the court allows to the applicant any amount of compensation in excess of the amount awarded by the collector under section 11, the persons interested !j 'in all the other land covered by the same notification under section 4, sub-section (1) and who are also aggrieved by the award of the collector may, notwithstanding that they had not made an appli-, ~8'fioh to the collector under 8ectlon" 18, by written application to the 'colleetor within three months from the date of the award of· io the court require that the amount of compensation payable to them may be re-determined_ on the 'basis of the amount of 'compensaticm awarded by the court: provided that in computing the period of three months within which an application to the collector shall be made under this sub- 15 section, the day on which th~ award was pronounced and the time '·~uisite ·for obtaining a copy of the award shall be excluded " (2) 'the collector shall, oft receipt of an application wider  (1),'(:-t 8ft iaqulry 1if1er givilll liodce to au tbe  tr~ a'ld gin diem - reasonable eppoftullity or 20  iieerd aid make au award dete  mbaiiim the " ef fold-pediiitioa payable to the applicants ;' (3) ariy person who has not accepted the 'award under subsection (2) may, by written application to the collector, require that the matter be re-ferred by the collector for the determination 25 of the court and the provisions of sections 18 to 28 shall, 50 far as may be, apply to such reference as they ~pply to a reference under section 18  20 in section 34 of the principal act,-amenclmentcsf section 34 " (a) for  the words "six per centum", the words "nine per centum" 30 siudi be substituted; (b) the following proviso shah be inserted at the end, namely:-"provided that if such compensation or any part thereof is not paid or deposited widlin a-period of one year from the date 35 on whidl ~ is taken, ,interest 'at the mte affitteen per ceo" per 8l1lil1li1 shall be payable from the date  of expky 01 the said period of one year on the amount of compensmion or part dieftofwhkb  not been paid or d«!posltni befofle the date of sucb expiry"   t: " ' ~ ~ ,  ~t:' -sedtton ~8 of the principal act shall be omitted omission of section 38 1·'22r~ secti(~n· 38a of the principal act, for thre 'vords~ figures and leiter '~sectiolis--5a, 6,7, 17 and50"j the words, flgur~ and lette1j," "secti~ns 4; ~a:6, 7 and5()" shall be substituted i amendment of section 3m '13 in section 39 of the principal act,-amend-mentof section 39; (a) for the words, figures and brackets "sectioa 6 to 37 (both inclusive) ", the words, figures and brackets "'sections 6 to 16 (both inclusive) and sections 18 to 37 (both inclusive)" shall be sub:;titutedj , 5 (b) after the words "for any company", the words "under this part" !hal1 be inserted amend-24 in section 40 of the principal act, in sub-section (3), for the ment of 14 of 1882 woj;ds "code of civil proced~e", the words ~d figureli "i,odeof civil section 5 of 1908 10 procedure, 1908" shall be substituted 40 amendment of section 45 14 of 1866 6 of 1898 %5 in sub-';;ection (3) of section 45' of the principal act, in the proviso, lor the words and figures "registered under part 111 of the indian ,post office act, 1866", the words arid figu,res "registered under sections 28 and 29 of the indian post office act, 1898" shall be substituted 15 26 in section 46 of the principal act, for the words "fifty rupees", the words "five hundred rupeeli" shall be substituted amendment of section 46 insertion o! 27 after section 51 of the principal act, the following section shall ftew seebe inserted, namely: -tion lila 16 of 1908  20 acceptance of certified copy as evidence "51a in any proceeding under this act, a certified copy of a document registered under the registration act, 1908, including a copy given under section 57 of that act" may be accepted as evidence of the transaction recorded in such document" amendment ot section 58 28 in section 53 of the principal act, for the words "code of civil procedure", the words and figures "code of civil procedure, 1908" liball l' of 1882 be substituted ' 5 of 1008 25 29 in sub-section (1) of section 55 of the principal act,-amendment of section 55 (a) in the second proviso, for the words "before the expiry of the session in which it is so laid or the successive sessions aforesaid", the words "before the expiry of the session immediately following the session or the successive 'sessions aforesaid" shall be substituted; 30 (b) after the second proviso, the following proviso shall be inserted, namely:-' "provided also that every such rule made by the state government shall be laid, as soon as may be after it is made, before the state legislature" 35 transitional provisions , 30 (1) the provisions of sub-section (2) of section 23 and !>ection 28 of the principal act, as amended by sections 15 and 18 of this act respectively, shall apply, and shall be deemed to have applied, also to, and in relation to, any award made by the collector or court or to any 40 order passed by the high court or supreme court in appeal against any such award under the provisions of the principal act after the 30th day of april, 1982 [the date of introduction of the land acquisition (amendment) bill, 1982, in the house of the people] and before the commencement of this act , - (2) the provisions of section 34, of the principal act, as amended by lect10n 20 of this act, shall apply, and s!jalj be deemed to have appuea, ajso to, and in relation to,-- i (a) every case in which po'ssession, of any land acquired under the prulcipal al:t had been taken before the aothday of april, 1\hj;:! 5 [the date ot ini!·oduclioll of the land acquisition (amendmem) bill, 19~, in the house of the people], and the amount of cl)mpeasstlon for such ~cqw~iitloll had not been paid or deposited under section 31 of the principal act ~ntil such date, with effect on and from that  date; and (b) every case iii which such possession has been taken on or after that date but before the commencement of this act without the aolowlt of compensation having been paid or deposited under the said section 31, with effect on anti from the date of taking such possession payment of interest on acquisition of certain land ;'1 there _ij be paid, in every proceeding for the acquisition of any iaad udder the priocipau act pending on the 30th day of april, 1982 (tile date 0( introduction uf the land acquisition (amendmem) hill, 1982,id the house ul the people], in which no award has been made by the collk-tor belore that date, simple interest calcuiated at the rate of ten per ceotum per annnm on the market value of such land as determined under sec- 20 tioa 23 of the principal act from the date of publication of the notification under section 4, sub-sedion (1), of ole principal act in a;espect of such laad to tile date of 1edcier 01 paymedt or; _ the c:ase may be deposb o'ji co  peasation awarded by the colledor 10' the acquisitiold of such land: provided that no interest shall be paid for any period during which the proceedings lor the acquisition of any land were held up on account of stay or injunction by ordel of a court; provided further that nothing in this section shall apply to the acquisition of any land where the amount of compensation has been paid 30 to the persons interested before the first mentioned date witl, the enormous expansion of the state's role in promoting public welfare and economic development since independence, acquisition of land for public purposes, industrialisation, building of inffstitutions, etc, has become far more numerous than ever before while this is inevitable, promotion of public purpose has to be balanced with the rights of the individual whose land is acquired, thereby often depriving him 'of his means of livelihood again, acquisition of land for private enterprises ought not to be placed on the same footing as acquisition for the state or for &n enterprise under it the individual and institutions who are unavoidably to be deprived of their property rights in land need to be adequately compensated for the loss keeping in view the sacrifice tney have to make for the larger interests of the community the pendency of a(;quisition proceedings for long periods often causes hardship to the affected parties snd renders unrealistic the scale of compensation offered to them 2 it is necessary, therefore, to restructure the legislative framework for acquisition of land so that it is more adequately informed by this objective of serving the interests of the community in harmony with the rights of the individual keeping the above objects in view and considering the recommendations of the law commission, the land acquisition review committee as well as the state governments, institutions and individuals, proposajs for amendment to the land acquisition act, 1894, were formulated and a bill for this purpose was introduced in the lok sabha on the 30th april, 1982 the same has not been passed by either house of parliament since tqe introduction of the bill, various other proposals for amendment of the act have been received and they have also been considered in consultation with state governments and other agencies it is now proposed to include all these proposals in a fresh bill after withdrawing the pending bill the main proposals for amendment are as follows:-, (i) the definition of "public purpose" :l'l contained in the act fs proposed to be so amended as to include [l longer illustrative list retaining, at the same time, the inclusive character of the definition (i~) acquisition of land for non-government companies under the act will herceforth be made in pursuance of part vii of the act in~ll cases (iii) a time-limit of one year is proposed to be provided for completion of a11 formalities between the issue of the preliminary notification under' section 4(1) of the act and the declaration for acquisition of specified land under section 6(1) of the act (tv) it is proposed to provide that the collector shall before making his award, obtain the previous approval of the appropriate government or any officer of that government authorised in this behalf provi/;ion has also been included to empower the collector to make the award without any enquiry if the persons interested in the acquisitoin agree in writing on the matters to be included in the award of the collector in the form prescribed by rules made under the act (v) it is proposed to provide for a period of two years from the date of publication of the declaration under section ·6 of the act within which the collector should make his award under the act; if no award is made within that period, the entire proceedings for the &cquisition of the land would lapse he has also been empowered to correct clerical or arithmetical mistakes in the award within a certain period from the date of the award (vi) the circumstances under which the collector should take possession of the land before the award is made in urgent cases are being enlarged to include a larger variety of public purposes (vii) the appropriate government is being empowered to call for the record of any order passed by the collector at any time before he makes an award for the purpose of satisfying itsplf as to the legality or propriety of such order passed (viii) solatium now payable at the rate of fifteen per centum of ~he market value of the land ncquired in consideration of the compulsory nature of the acquisition, is proposed to be increased to thirty per centum similarly; the rate of interest payable on the excess co~ensation awarded by the court· and on the compensation in cases where possession of land is taken before payment of compensation, are also proposed to be increased substantially (ix) considering that the right of reference to the civil court under section 1& of the act is not usually taken advantage of by inarticulate and poor people and is usually exercised only· by the comparatively affluent landowners and that this causes considerabl~ inequality in the payment of compensation for the same or similar: quality of land to different interested parties, it is proposed to previde an opportunity to all aggrieved parties whose land is covered under the same notification to seek  re-determination of compensation, once anyone of them has obtained orders for payment of higher compensation from the reference court under section 18 of the act (:r) as d large number of cases for the acquisition of land are pending before various authorities for a very long time and pay_ ment of the market value of the land obtaining on the date of the preliminary notification under section 4 of the act in respect of sucl! land is likely to be unrealistic and iniquitous, it is proposed to provide for payment of simple interest at ten per centum per annum on the nmount of compensation for the period commencing from the date of i!fslte of the notification under section 4 of the act to the date of tender of payment or deposit 'it compensation awarded by the collector in respect of all pending proceedings on the 30th april, hl82, the date when the earlier bill for the amendment of the act was introduced in the house of the people s: the i~li seeks to achieve the above objects and to make some other consequential and clarifieatory amendments in the act new delw; the 21st july, 1984 harinanta l\4isri\ clause 15 of the bill seeks to amend sub-section (2) of section 23 of the land acqllisition act, 189'~, so as to increase "the rate of solatium to be given in consideration of the compulsory nature of the acquisition from ·15 per centum of the market value of the land acquired to 30 per centum 2 clause 18 of the blll proposes to amend section 28 of the act to increase the rate of interest specified in that section for payment on the excess of the amount of compensation which should have been awat'6edby the collector from (j per centum to 9 per centum per nnnum· it is further proposed that where the delay in making payment of the balance amount exceeds one year, interest for the period fit excess of one year will be paid at the rate of 15 per centum per annum 3 clause 19 of the bill seeks to insert a new section 28a in the act which provides that if a party in a land acquisition proceeding obtains' the orders of th~ court under section 18 of the act for higher compensation, the other persons whose lands rre covered under the same notification under section 4(1) of the act and who may have reasol's to be similarly aggrieved by the award of the collector, may apply to the collector for redetermination of the amount of compensation payable, to them on the basis of the amount of compensation awarded by the court  ~ if": 4 clause 20 of the bill, which seeks to amend section 34 of the act, proposes to increase the rate of interest which is p~able on the compensation in cases where possession of land is taken before payment of ~he compen<;ation or its deposit in court from 6 per centum to 9 per :entum per mmum it is also proposed that where such compensation is not paid within ~ne year of the taking of possession of the land, the rate of interest will increase to 15 per centum per annum for the periorl in excess of one year  5 clause '31 of the bill proposes to provide for payment of interest at the rate of 10 per centum per annum on the market value of land determined under section 23 of the act in respect of every proceeding for acquisition of land pending on the 30th april, 1982 in which no award was made before that date fl the above increase in the rates of payment of solatium and interest as well as payment ~t higher compc'nsation on the basis of the award of the court and interest on the amount of compensation for land for the acquisition of which proceedings were pending on the 30th april, 1982 will involve additional expenditure from the consolidated fund of india in cases where land is acquired for the' purposes of the union since such acquisition is made as and when necessary and the additional liability on account of ~he increase in ·the above rates will vnry from case to case, it is not possible to estimate precisely the additiona] expenditure that is likely to be incurred from the consolidated fund of india 7 'fhe bil1 if enacted is not  likely to involve any other recurring or non-recurr~g expenditure clause 8 of the bill seeks to insert a new sub-section (2) in section '~1 of the land acquisition act, 1894, to provide that if at any stage of the proceedings for the acquisition of land, the 'collector is satisfied that all the persons interested in the land who appeared before him h~we agreed in writing on the matters to be included in the award of the collector in the form prescribed by rules made by the appropriate government, the collector may, without making further inquiry, make an award according to the terms of such agreement the prescribing of a form is a matter of procedure or detail and the delegation of legislative power under this clause is therefore normal in character  (1 01' 1894)-  - - 1 (1)    - - - (2) it extends to the whole of india except the territories which hnmediately before the 1st november, 1956, were comprised in part b states; and short title, extent and com~ meneement     - - a in this act, unless there is something repugnant in the subject or deflnicontext,-tions      - 6 of 1882 21 of 1860 2 of 19j'z (e) the expression "company" means a company registered under the indian companies act, 1882, or under the (english) companies acts, 1862 to 1890, or incorporated by an act of parliament of the united kingdom or by an indian law, or by royal charter or letters patent and includes a society i'egistered under the societies registration act, 1860, and a registered society within the meaning of the co-operative societies act, 1912 or any other law relating to co-operative societies for the time being in force in any state; ~'  ,~      (j) the expression "public purpose" includes the provision of village-sites in distcicts in which the appropriate government shall have declares! by notification in the official gazette that it is customary for the govemment to make such provision; and «(1) the following persons shall be deemed persons "entitled to act" as and to the extent hereinafter provided (that is to 8ay)-trustees for otherpersons beneficially interested shall be deemed the persons entitled to act with reference to any 8uch ca'se, and that to the same extent as the persons beneficially interested, could have acted if free from disability; a married woman, in cases to which the english law is applicable, shall be deemed the person so entitled to act, and whether of full age or not, to the same extent as if she were unmarried and of full age; and the guardians of minors and the committees or managers of lunatics or idiots 'shall be deemed respectively the persons 10 entitled to act, to the same, extent as the minors, lunatics or idiots themselves, if' free from disability, could ha"~ ,acted;, '-provided that- \  (i) no person shall be deemed "entitled to act" whose interest in the subject-matter shall be shown to the sati't;faction of the collector or court to  be adverse to the jnterest of the person interested for whom he would otherwise beerltitled to art;  (ii) in every such case the person interested may appear by a next friend, or, in default of his appearance by a next friend, the collector or court, as the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof; (i,i;) the provisions of chapter xxxi of the code of civil procedure shall, mutatis mut"nd'is, apply in the case of persons' 14 of 1882 interested appearing before a collector or court 'by a next tripnd, or by a guardian for the case, in' proceedings under this act; and - , (iv) no person "entitled to act" shall be competent to receive the compensation-money payable to the -person for whom he is entitled to act unless he would have been  competent to alienate the land and receive and give a good discharge for the purchase-money on a voluntary sale - - - 4 (1) wht>never it appears to the appropriate g,'we1'llment that ianu in any locality is needed or is likely to be needed for any public purpose, a notification to that effect shall be published in the otlicialgazette,  and the collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality publication of preliminary notification and power, of ojilcera thereupon - - - - - rearm, of objeotiol1l 5a (1) any person interested in any land which has been notified -under sel1ion <i, sub-section (1), as being needed or hkely to be needed for a public purpose or for a company reay, within thirty days after the issue of the notification, object to the acqu}~;itioll of the land or of any land in the locality, as the case may be (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 pleader and shall, after hearing all such objtlctioos and after making such furtherinquil'y, if any, as h~ 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, coataining his recmnmendations on the objections, together with the recom;ofthe proceedings held by him,for the decision of that government~the decision of the appropriate government on the objections holl be i1rui;, ( declaration that land is required for a public purpose 8 (1) subject to the provisions of part vii uf 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 ~ded 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 authorized to certify its orders, and difterent 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 (1), irrespective of whether one repo~t or different reports has or have been made (wherever required) under section 5a, subsection (2): 1 of 1967 provided that no declaration in respect of any 'particular land covered by" a notification under section 4, sub-section (1) , published after the comrumcement of the land acquisition (amendment and validation) ordinance, 1967,' shall be made after the expiry of three years from the date of such publication: 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) every declaration shall be published in the official gazette, and shall state tbe district or other territorial division in which the land is situate, the purpose for which it is needed, its approximate area, and, where a plan shall have been made of the land, the place where such plan may be inspected   -  - 9 (1)     - | notice      ||-------------|| persona     || interested |hot 1866 (4) in case any person so interested resides elsewhere, and has do such agent, the notice shall be sent to him by post ina letter addressed to him at his last known residence, address or place of business and registered under part in of the indian post office act, 1886 - - -  - enquiry and award by collector 11 on the day so ftxed, or on any other day to which the enquiry has been adjourned, the collector shall proceed to enquire into the objections (if any) which any person interested has stated pursuant to a notice given under section 9 to the measurements made under section 8, and into the value of the land at the date of the publication of the notiflcation under section 4, sub-section (1), and into the respective interests of the persons claiming the compensation and shall make an award under his hand of-(i) the true area of the land; (ii) the compensation which in his opinion should be allowed for the land; and (iii) the apportionment of the said compensation among all the persons mown or believed to be interested in the land, of whom, or of whose claims, he has hlformation, whether or not they have respectively appeared before him 14 for the purpose of enquiries under this act the collector shall have power to summon and enforce the attendance of witnesses, including the parties interested or any of them, and to compel the production of documents by the same means, and (so far as may be) in the same manner, as is provided in the case of a civil court under the code of civil procedure - - - power to iioluldmon and enforce attendance of witnesscs and prod\retion of documents special powers in cases of urgency 17 (1) in cases of urgency, whenever the appropriate government so directs, the collector, though no such award has been made, may, on the expiration of fifteen days from the publication of the notice mentioned in section 9, sub-section (1), take possession of any waste or arable land needed for public purposes or for a company such land shall thereupon vest absolutely in the govemmf!nt, free from all encumbrances (2) whenever, owing to any sudden change in the channel of any navigable river or other unforeseen emergency, it becomes necessary for any railway administration to acquire the immediate possession of any land for the maintenance of their traffic or for the purpose of making thereon a river-side or ghat station, or of providing convenient connection with or access to any such station, the collector may, immediately after the publication of the notice mentioned in sub-section (1) and with the previous sanction of the appropriate government, enter upon and take possession of such land, which shall thereupon vest absolutely in the government free from ad encumbrances: provided that the collector sluui not take possession of any building or part of a building under this subsection 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 su1bcient to enable such occupier to remove his movable property from such building without unnecessary inconvenience - - - - - (4) in the case of any land to which, in the opinion of the appropriate government, the provjsions of sub-section (1) or sub-section (2) are applicable, the appropriate government may direct that the provisions of section 5a shall not apply, and, if it does so direct, a declaration may be made under section 6 in respect of the land at any time after the publication of the notification under section 4, su])section (1) - - - - - collector':; statement totbe ) court 19 (1) in making the reference, the collector shall state for the 'oformation of the court, in writing under his hand-- - - - - (e) the amount awarded for damages and paid or tendered under sections 5 and 17, or either of them, and the amount of compensation awarded under section 11; and - - - - - 23 (1)  - - - - (2) in addition to the market-value of the land, as above provided, the court shall in every case award a sum of fifteen per centum on such market-value, in consider&tion of the compulsory nature of the acquisition matters to be consider_ ed in deteimining compensation 4 24 but the court shall not take into consideration- - - - - | matlets      ||--------------|| be           || neslccted    || in           || det~min­      || ing camped·· || sation      |sixthly, any increase to the value of the other land of the person interested likely to accrue from the use to which ~he land acquired will be put; or, seventhly, any outlay or improvements on, or disposal of, the land acquired, commenced, made or effected without the sanction of the collector after the date of the publication of the notification under section 4, sub-section (1) 25 (1) when the applicant has made a claim to compensatior, pursuant to any notice given under section 9, the amount awarded to him by the court shall not exceed the amount so claimed or be less than the amowlt awarded by the collector under section 11 rules as to amount of compent'btion (2) when the applicant has refused to make such claim or has omitted without sufficient reason (to be allowed by the judge) to make such claim, the amount awarded by the court shall in no case exceed the amount awarded by the collector (3) when the applicant has omitted for a suftlcient reason (to be allowed by the judge) to make such claim, the amount awarded to him by the court shall not be less than, and may exceed, the amount awarded by the collector - - - - - 28 if the sum which, in the opinion of the court, the collector ought to have awarded ·as compensation is in excess of the sum which the collector did award as compensation, the award of the court may direct that the collector shall pay interest on such excess at the rate of six per centum per annum from the date on which he took possession of the land to the date of payment of such excess into court collector maybe directed to pay interst on exces:; compensation - - - payment of interel~ 34 when the amount of such compensation is not paid or deposited on or before taking possession of the land, the collector shall pay the amount awarded with interest thereon at the rate of six per centum per annum from the time of so taking possession until it shall have been so paid or deposited 38 (1) the appropriate government may authorise any officer of  any company desiring to acquire land for its purposes to exercise the power:s conferred by section 4 company may be authorlaed to enter 'und survey (2) in every such case section 4 shall be construed as if for the words "for such purpose" the words "for the purposes of the company" were substituted; and section 5 shall be construed as if after the words "the officer" the words "of the company" were inserted industrial concern to be deemed company for  - certain purposes 38a an industrial concern, ordinarily employing not less than one hundred workmen owned by an individual or by an association of individuals and not being a company, desiring to acquire land for the erection of dwelling houses for workmen employed by the concern or for the provision of amenities directly connected therewith shall, so far as concerns the a"quisition of suchlland, be deemed to be a company for the purposes of this part, and the references to company in sections- 5a, 6, 7, 17 and 50 shall be interpreted as references also to such concern 39 the provisions of sections 6 to 37 (both inclusive) shall not be put in force in order to acquire land for any company, unless with the previous consent of the appropriate government, nor unless the company shall have executed 1he b;greement hereinafter mentioned previ<lus consent of appro_ priate government and execution of agreement necessary 40 (1)                  -                               -                                            -                                                        -                                                                     - previous enquiry    (3) such officer may summon and enforce the attendance ofwitnesses and compel the production of documents by the same means and, as far as possible, in the same manner as is pro~ded by the code of civil pro-cedure in the case of a civil court 14 of 1882 -              -                          -                                       -                                                    - 45 (1)                       -                                      -                                                     -                                                                     -                                                                                    - service of notices   (3) when such person cannot be found, the, service may be made on any adult male member of his family residing with him; and, if no such adult male member can be found, the 1)otice may be served by fixing the copy on the outer door of the house in which the person therein named ordinarily dwells or carries on business, or by fixing a copy thereof in some conspicuous place in the office of the officer aforesaid or of the collector or in the court-house, and also in some conspicuous part of the land to be acquired: provided that, if the collector or judge shall so direct, a notice may be sent by post, in a letter addressed to the person named therein at his last known residence, address or place of business and registered unde part iii of the indian post office act, 1866, and service of it may be proved by the production of the addressee's receipt 14 of 1866 46 whoever wilfully obstructs any person in dome any of the acts authorised by section 4 or section 8, or wilfully fills up, destroys, damages or displaces any trench or mark made under section 4, shall, on conviction before a magistrate, be liable to imprisonment for any term not exceeding one month, or to fine not exceeding fifty rupees, or to penalty for obstructing acquisition of land ~th - - - - 14011882 53 save in so {tlr as they may be inconsistent with anything contained in this act, the provisions of the code of civil procedure shall apply to all proceedings before the court under this act | code      | of    ||-----------|-------|| civil     | pro-  || c:edure   |       || to        |       || apply     | to    || prllceed- |       || ings      |       || be-       |       || fore      | court || -         |       || -         |       || -         |       || -         |       || -         |       || power to  |       || make      |       || ruleli   |       |55 (1) the appropriate government shall have power to make rules coasistent with this act for the guidance of ofticers in all matters connected with its enforcement, and may 'from time to time alter and add ~ the rules so made: provided that the power to make rules for carrying out the purposes of part vii of this act shall be exercisable by the central government and such rules may be made for the guidance of the state governments and the officers of the' central government and of the state governments: provided further that every such rule made by the central government shall be laid as soon as may be after it is made, befol"e each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect onlv in fiuch modified f()rm 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 anything previously done under that rule  a bill further to amend the land acquisition act, 1894  (shri hari nath mithra, minister of state of the minibtry of rural  development) 