 bill no 110 of 1969 the requisitioning and acquisition of immov- able property (amendment) bill, 1969 billfurther to amend the requisitioning and acquisition of immovable property act, 1952 be it enacted by parliament in the twentieth year of the republic of india as follows:-short tide 1 this act may be called the requisitioning and acquisition of immovable property (amendment) act, 1969 s immovable act), sub-80 of 1952 amendment of section z in 8edicm 1 of the requisitioning and aequisition of property act, 1952 (hereinafter referred to as the principal sectioa (3) shall be omitted  3 in section 6 of the principal act,-amendment of lection «i «(1) after sub-section (1), the following sub-eetion shall be inserted, namely:-"(ia) notwithstanding any thina' contained in sub-section (1), the central government shall release from requisition,-s (a) any property requisitioned or deemed to be requisitioned undl'r this ad before the commencement of the ltequisitionillg and ac<juisiiion of immovable property (amendment) act, 1969, on or before the expiry of a period of ten years from such commencement: 10 (b) any property requisitioned under this act after such commencement, on or before the expiry of a period of ten years from the date on which possession of such property was surrendered or delivered to, or taken by the competent authority wlder section 4, is unless such propert~' is acquired under section 7 within the period of ten ye~n·s aforesaid" (b) in sub-section (2), after the words "released from requisition", the words, brackets, figures and letter "under sub-section (1) or sub-section (la)" shall be inserted 20  4 in section 8 of the principal act,-amendment of section 8 (a) in sub-section (2), for the words "compensation payable for the requisitioning of any property shall consist of l' ,the words, brackets, figures and letters "compensation payable for the requisitioning of any property shall, subject to the provisions of sub-sections ~5 (2a) and (2b), consist of" shall be substituted; (b) after sub-section (2), the following sub-sections shall be ~d, qp"~y;-"(2a) th~ recurrin, paymen~ referred to ijj cll!1ue (al ,~r sub-section (2), in respect of any property subject to requisiticiii 30 shall; unless the property is soeaer i'eleia&ed fmdlrequiaition under section 6 or acquired under section 7, be revised in a~ordance with tbe provisions of sub-section (2b) with effect from the date of expiry of a period of fivey_rs from the date on which possession of such property was surrendered or delivered to, or 3s t  b,, the competent 8utherit, un4r ~tioa 4: provided that in the case of any property subject to requisitioqridvj;lejljatei, befq,re the cqdupj'"ce~ of: tjie; ~~iu8ning and acquisition of immovable property (a~ndmel1t) a~t, 1969 (including any property deemed to be requisitioned 1dlder 40 this a~t), such recu"ringpeym~nt shall, ~less the pro"rty is sooner released from requisition under section 6 or acquired under sectiod 7, be so revised,-«(1) with aliect fro  the date o£ sjjph eo~d~~oi' the date of eqiry of aperiod ofive y~ fro,m(he dat~ 0  4s which possession of such property was sul"l'tmdered or tell:-vered to, or taken by, the com,etedt authority udder hdieil 4 or, lis the case may be, the appropriate authority under the law in pursuance of which such property was originally requisitioned, whichever is later; and (b) again, on the expiry of a period of five years from the date on which the revision made under clause (a) takes effect (2b) the recurring payment in respect of any propertysball be revised by l'e-determining such payment in the manner 'and in accordance with the principles set out in sub-section (1) read 10 'with elause (a) of su~seetion (2) as jf such property had been 'requfsftf6n~d under tbis ad on the date with effect from 'which the revision has to be made under sub-section (2a)"  statement of objects and reasonsthe power to requisition and to acquire immovable properties for a public purpose was first provided in the defence of india act, 1939 which came to end on the 30th september, 1946 it was, however, found necessary to retain some of the properties for a longer period in the occupation of the government therefore, it was provided in the requisitioned land (continuance of powers) act, 1947 that any property which had been requisitioned under the defence of india act, 1939 would continue to remain under requisition subsequently, the requisitioning and acquisition of immovable property act, 1952 was enacted to confer powers on the government in this regard section 24 of the act provided that any property which was subject to requisition under the act of 1947 shall be deemed to have been requisitioned under the requisitioning and acquisition of immovable property act, 1952 this act was initially to remain in force for six years and was to expire on the 13th march, 1958 the life of the act was, however, extended from time to time and it will now remain in fmce up to the 13th march, 1970 2 chapter vi of the defence of india act, 1962 provided for the requisitioning and acquisition of immovable property the act ceased to have effect with effect from the 10th july, 1968, namely six months after proclamation of emergency which was revoked with effect from the 10th january, 1968 as there were numerous properties requisitioned under the defence of india act, 1962, it was not found possible either to release them or to acquire them by the payment of compensation the requisitioning and acquisition of immovable property (amendment) act, 1968, was, therefore, enacted to provide that the properties requisitioned under the defence of india act, 1962 shall be deemed to have been requisitioned under the requisitioning and acquisition of immovable property act, 1952 many properties which have been requisitioned under the defence of india act, 1962 and the requisitioning and acquisition of immovable property act, 1952 are in the possession of the ministry of defence and also of some other ministries although the government is expeditiously implementing the policy of acquiring or de-requisitioning the requisitioned properties, a large number which are expected to be needed even after the 13th march, 1970 for public purposes will not have been acquired by then on many of these properties, valuable constructions of a permanent nature connected with national defence or the conduct of military operations or other important public purpose have been put up it will not be expedient to remove these structures for the purpose of release of the properties to the owners pending ; decision to acquire or release the properties in addition, it is felt that there will always be need foij requisitioning or acquiring immovable properties for public purposes the law commission of india had recommended, in their tenth report, that the law of requisitioning should be embodied in a permanent code it is accordingly proposed that the requisitioning and acquisition of immovable property act, 1952, should be made a permanent piece of legislation s compensation once fixed under the act cannot be revised during the entire period of the requisitioning, a~ it is based on the rent that the property would have fetched if it had been leased out on the date of the requisitioning it is felt that it will be fair to the owners if the amount of compensation is reviewed quinquennially with reference to the circumstances prevailing at the time of the review 4 the law commi~on of india also recommended that no property should be kept under requisition for a period longer than five years and if, before the expiry of that period, the government considered it necesaary to acquire the property, they should be at liberiy to do so if, however, they decided not to acquire the property, it would not be proper to keep the property indefinitely under requisition the period of five years is, however, considered inadequate for the purpose and it is proposed that the maximum period of requisitioning should be 10 years from the date of commencement of the proposed legislation in the case of properties already under requisition and 10 years from the date on which the possession is taken in the case of properties which may be requisitioned after such commencement 5 the bill seeks to achieve the above objects new dj:lhi; k k shah the 2nd december, 19&~  president's recommendation under article 117 of the constitution of india[copy of letter no 19012 (3) 168-po1iv, dated the' 8th december, 1969 from shri k k shah, minister of health and family planning and works, housing and urban development to the secretary, lok sabha] the president· having been informed about the subject matter of the requisitioning and acquisition of immovable property (amendment) bill, 1969, has recommended to the house the considerati<tn of the bill under article 117 (3) of the constitution clause 2 of the bill seeks to make the principal act a permanent one this by 'itself 'w011ld not necessarily involve anyaddltfon'alexpendlture '~m theconsalidated fund of india the' number of p~perttes' u!'i&!r requisition varies 'from time to time and tis requisitioned pt'opertil!!s can be 'aequired it is diftlcult to estimate, the actual expenditure 'for dy future period at the moment the annual expenditure '(towards pay-,nient of compensation,etc) under the act is aboutnupeesninety-seven lakhs 2 clause 3 of the bill pnwides that the maximum period of requisitioning should be ten years from the date of enactmest of the bill mule case of properties already under requisition and ten years from the date on which possession is taken in the ca,;e of properties which may be requisitioned after that date unless such property is acquired under section 7 within the period of ten years aforesaid the ttquiiution of immovable properties within the prescribed period will involve a nonreeurring expenditure from the consolidated fund of incka in't!8te all the properties now under requisition are to bellcquired under section 7 of the principal act, the total non-recurring expenditure will be approximately rs 33 crores this expenditure will be spread over a number of years moreover, it is not intended to acquire a11 the requisitioned properties and some of the propertie; will be de-requisitioned as and when possible 3 clause 4 (b) of the bill seeks to insert a new sub-section (2a) in section 8 of the principal act which provide; that the amount of compensation shall be reviewed quinquennially in accordance with the provisions of new sub-section (2a) , the amount of compensation payable for properties under requisition before and after the commencement of the legislation will have to be revised in the manner indicated in subsection (2b) this provision will involve additional expenditure of a recurring nature it is estimated that during 1970-71, such additional exllenditure win approximately 'be rupees one crore there would 'ominanly be gradual reductitm of this amount in subsequent years due to  acquisition or de-requisitioning of the properties now under requisition  (30 of 1952)short title, extent and duj;ation 1001 1887 1 (1) - - - - (3) it shall cease to have effect on the, 14th day of march, 1970, except as respects things done or omitted to be done before such cesser of operation of this act, and section 6 of the general clauses act, 1897, shall apply upon such cesser of operation as if it had then been repealed by a central act - - - - 8 (1) - - - - - releue from requilitioning (2) where any property is to be released from requisition, the competent authority may, after such inquiry if any, as it may in any case consider necessary to make or cause to be made, specify by order in writing the person to whom possession of the property shall be given and such possession shall, as far as practicable, be given to the person from whom possession was taken at the time of the requisition or to ;he successors-in-interest of such person - - - - - 8 (1) - - - - (2) the amount of compensation payable for the requisitioning of any property shall consist of-principlea and method ot determininc compen_ sation (a) a recurring payment, in respect of the period of requi&ition, of a sum equal to the rent which would have been payable for the  1wi~ o«!up~,tiop, of the pj;o~rty, if it, had b~~-1;ajten, ,o~, l~e! for that period; and (b) such sum or sums, if any, as may be found necessary to compensate the person interested for all or any of the following matters, namely:-(i) pecuniary loss due to requisitioning; (it) expenses on account of vacating the requisitioned premises; (iii) expenses on account of re-occupying the premises upon release from requisition; and (iv) damages (other than normal wear and tear) caused to the property during the period of requisition, including the expenses that may have to_ q~ incurred for :estoring th~ p~operty to the condition in which it was at the tune of requisition  - - - - -  a blllfunher to amend the requisitioning and acquisition of immovable property act, 19s2 (shri k k shah,   minister of health and   family planning,                       and  works, housing & urban  defjelopment) 