Kerala act 027 of 1981 : The Requisitioning and Acquisition of Property Act, 1981 (Act 27 of 1981)

THE KER/\LA

REQUlSITlONlNG

AND

ACQUISITION

OF PROPERTY

ACT,

1981

(Act ^27of

1981)

r5. CONTENTS '

.

Preamble :

'

Sections^:

1. Short

title,

extent

and commencement. Definitions. Power to

requisition property. Power to take

possession

of

rcquisitioned

property. Rights ^over

requisitioncd property. Release from

requisitioning. Power ^to

acquire

requisitioned property. Principles ^and

method ^of

determining

compensation ⁱⁿcases where immovable property

is

requisitioncd ^or

acquired. Q ^9'

Payment ^of

compensation relating ^toimmovable

property. jfl———————

WNDL'V-FWEQ10.

Appeals

from

awards

in

respect of

compensation.

11.

Government and officers and authorities

to have certain

powers

of certain

civnl courts.

12.

Principles ^and

method ^of

determining compensation ⁱⁿcases whore movable

property

is

requisitioncd

are

acquired.

13. Power to obtain information.

14.

Power

to

enter and

inspect.

15. Service ^of

noriccs

and

orders.

16. Easement not ^tobe

disturbed. l7.

Delegation orpowcrs

18.

Protection

of action taken in

good

faith. '

. ^19.Barof

jurisdiction ^ofcivil courts.

20.

Penalty

for ofl'cnees. '

21 . Certain persons

to be

public

servants.

22. Power

to^makeru1rs.

2

187

THE

KERALA

REQUISI

FIONING AND

ACQUISITION

OF PROPERTY

ACT,

1981* (Act ^27or

1931)

An

Act

to

provide

far

the

nquinlioning

and

acquirilion afpmpnly

for

public

purpam not

bamg purpose: of

the

Untnn. Preambln—Wrmkms it is

expedient

to

provide

for

the

rcquisitioning and

acquisition

of

properly

for

public

purposes,

not

bring purposes ^of

the Union; Br: it

enacted in the

Thirty-second

Year of the

Republic

of India as follows:—

1

Short

title,

extent

and commenmment.—(

1)

This Act imy be called the Kerala

Requisrtioning

and

Acquisition

of

Property Am,

1981.

(2) ^Itextends^tothewhole^ofthe

State^ofKerala.

(3) ^It

shall^comeinto

force ^atonce.

2.

Definition—In ^this

Act,

unless^thecontext otherwise

requires,— (a)

"award" means ^anyaward^ofthe

District

Collector^madeunder section

8; (b)

"landlord" means

any

person ^{whoforthetime}

being ^is

receiving or is entitled to

receive, the rent of any premises,

whether on his own account, ^oron

account ^{or on}behalf ^or

for

the

benefit,

of any other person or

as

a

trustee,

guardian

or receiver

for any other person,

or

who

would so receive ^therent or be entitled to receive ^therent if the

premise: ^werelet to a

tenant;

(c) ^the

expression "person interested", ⁱⁿrelation ^{to any}property- includes all persons claiming,

or entitled to

claim, ^aninterest ^inthe compensation

payable ^on

account^{of the}

requisitionlng ^or

acquisition ^{of that}

.

property

under^this

Act; (d)

"promises"

means

any building ^{or part of:1}

building ^and includes—

(i) ^the

garden, grounds ^and

out-houses,

ifany,

appertaining ^to such

building

or

part

of a

building;

(ii) any fittings

aifixed^tosuch

building ^{or part ofa}

building ^for the more

beneficial

enjoyment thereof, (c)

"prescribe

"

means

prescribed

by

rules

made under this

Act;

(f) "property"

means movable ^or

immovable

property ^ofevery^kind and includes any rights ⁱⁿor over such

property; *Received the

assent of the

Governor

on

the 26111

day

of

September, 1981 and

published

in the Kcrala. Gazette

Extraordinary

No.767 dated ^the29th

September,

1981.

34/1 150/3.

188

(g)

"Slate" means^theState^of

Kcrala^; (h)

"tenant" means

any

person by ^whomoron

whose account^1'anlS payable ^forany

premises^and

includes ^{such sub}tenants^andother

persons ^as have

derived title under the

tenant under

any

law for thetime

being

to

force.

3.

Power

to

requisition [impugn—(i)

Where

the

Government

are

of opinion ^thatany

property ^is

needed ^or

likely ^tobe

needed ^forany public purpose, ^not

being ^a

purpose^ofthe

Union, ^andthat the

property

should be requisitioncd, ^the

Govemment— (a)

shall ^callupon^theowner ^or

any other person^whomay^bem possession

ofthe

property, by

notice ⁱⁿ

writing (specifying

therein^thepurpr ^so of the

requisition)

to show cause,—

(i) ^inthecaseofimmovable

property,

within

fifteen

clays, ^and

(ii) ^{inthecase of}

movable

property,

within ^five

days, of ^thedate

ofservice

of such

notice

on

him,

why

the

property should not be

requisttioned.

(b) may,^by

order,

direct^thatneither^theowner^ofthe

property ^nor any

other

person shall,

Without

permission

of the

Government,

dispose

of, or

sttucturally

alter,

the property

or let it out

to a

tenant until the

expiry

of such

period,

not

exceeding

two

months,

as

may be

specified ⁱⁿ

the order.

(2) ^If,

after

considering ^thecause,^ifany,shown

by any person interested ⁱⁿthe

property

or in possession thereof,

the Government are satisfied that it^isnecessary

or

expedient

so

to

do,

they may. by

order in writing, requisition, ^the

property ^andmay^{make such}

further

orders^as

appear to

them to be

necessary

or

expedient

in connection

With the

requisitioning

1

Provided that ^no

property

or

part thereof— (a)

which^{is bum;}

ftde ^used

by ^theowner thereof^astheresidence^of himself ^or

his

family

;

or (b)

which^is

exclusively ^usedeither^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

rcquisitioned

:

Provided further that where the

requisitioned

property

consists of premises

which^are

being ^{usedas a}

reStdcnce ^{by a}tenant^{fornotless than} two months

immediately preceding

the date of the service of notice under subsection

(I),

the

Government

shall

provide

such tenant wtth alternative accommodation which in their

opinion

is

suitable.

4.

Power 20 take

possession of requisitioned

prnperI}.—(

I)

Where any property ^hasbeen

requisitioncd

under section ^{3, the}Government^may.

by notice ⁱⁿ

writing,

order the owner

as

well

as

any other person who

maybe ^its possession ^oftheproperty ^to

surrender ^ordeliver

possession

thereof^tothe Government ^or

any person duly

authorised

by

them in this behalf within such ^timeas

may^be

specified

in the

notice. ___A

189

(2) ^Ifany

person refuses ^or

fails ^to

comply ^{with an}

order^made

under subsection

(1), ^the

Govemment or

any

person duly

authorised

by

them ⁱⁿ this

behallmay ^takepOSSCSSiOn of^thepropeity and may,^for

that purpose, use

such force as

may be necessary.

5.

Rig/xix ^mm

iequirittoned property—(1)

All

property rcquisitioncd under

section 3sliall

be used for such purposes ^as

may be mentioned ⁱⁱⁱthe notice of

requisition.

(2)

Where^anypremises ^are

iequisitioned

under

section

3, ^the Government may, after notice, 0idcr ^the

landlord ^toexecute such

repairs as

may be necessary and

are

usually

made

by

landlords in that

locality

and as

may be

specxfiediii

the

notice,

within such

reasonable

time^as

may

be mentioned_thercm,

niidil thelandlom lails ^soexecute

any

repairs inpursuance of such

order,

the Government

may

cause^theiepairs

sprcificd

in the order to be executed at me

expmse

of the landlord

and the cost

thereof may, without

prejudice

to

any other^mode

of recovery,

be

dvductcd

from the compensation payable ^tothelandloul.

6. Release

from "Minimizing—(l) ^The

Govcriimcntmny, ^at

any time, release from

requisition

any property

requisitioned

under this Act and

shall, as far as

pOSSlblC,

restore the property ⁱⁿ

as

good ^a

condition ^asit was when possession thereof^wastaken

subject

only ^tothe

changes

caused

by

lcasonnblc wear and tear and irresmible force :

Provided that where the purposes for which any

requisitioncd property was

being

used cease to

extst, the

Government

shall,

unless the

property

is acquired

under section ^7,

release^that

property, ^{as soon as}

may^{be, from} requisition.

(2)

Where^any

property ^istobereleased^from

requisition, ^the Government may, after^such

inquiry, ^if

any, ^as

they

mayⁱⁿany

case

consider necessary ^tomake^orcause^tobe

made,

specify, by

order in

writing,

the person ^towhom possession of the

property

shall be given and such

possession shall ^asfar^as

practicable,

be given ^tothe

poison^fromwhom

possession

was taken at the ^time

of thr-

requisition ^or

to^thesucce-sors-m-iiiteiinst of such perSon.

(3) ^The

delivery ^of

possession

ol'tlic property ^totheperson spemfied in an order under

subsection

(2)

shall be a full

discharge

of the

Government from ^all

liability

in respect^ofthe

property,

but shall not

preludice any rights ⁱⁿ

respect ofthe

property

which ^anyother

person my ^be

entitled Dy due

process oflaw

to eiilorce

againit

the person

to whom

possession ol'tlie property ^is

given. (4-)

Where any person ^{to whom}

possession ^of

any

requiSitiuned property is ^{to be}given ^isnot

found^{andhas no}

agent ^orother person. ^cm- pnwcred to_acccpt delivery ^{on his}

behalf, ^theGovernmentshall cause²¹

none:

declaring ^{that the}

property ^is

released ^fromrequismon ^tobe

published ⁱⁿ the Gazette or in

two

dnilyii :wspapers haying

Wide

Circulation in the

locality iind ⁱⁿthe case of immovable property

such notice

shall

also

be

allixed on some

conspicuous part of the

property.

190

(5) ^Whena

notice

referred^toin

sub-section

(4) ^is

published as

required

by

that

sub-section,

the

property specified

in

such notice shall cease [0 ^)e

subject

to

requisi

ion on and

from

t^e

date of

such

publication and shall be

deemed to have

been delivered to the person entitled to

posses- sion

thereof and the Government

sha ^llnot be liable for any compensation or other claimⁱⁿ

respect

of

the

property

for any period

after the said

date.

(6)

Where^any

property requisitioned

under^{thisAct or}

any material

part thereof is

wholly destroyed

or rendered

substantially

and permanently

untit^lorthepurpose^forwhich^itwas

requisitioticd

by

reason of

tire,

earthquake, tempest, flood^orVlolCflCC

of any army

or at a

mob

or other arresrstiblc force, ^the

requisition

shall, ^{at the}

option

ofthc

Government, bevoi ^:

Provided ^thatthe

benefit^ofthissub-section

shall^notbeavailable^tothe Government—

(1)

where^the

injury ^{to such}

property ^iscaused ^byany

wrongful ^act or default of the

Government,

or (ii)

where ^such

injury ^tosuch

property

would^nothavebeen caused ^butforthe

requiSition.

7 Power ^to

acquire requtsztzoned prepay-4 1)

Where any

property

is subject ^to

requisition, ^the

Government^may,it

they ^areof

opinion ^{thatit is} necessary ^to

acquire the

property for ^a

public purpose, ^nnt

being ^a

purpose of the

Union, ^at

any ^time

vauirc

such

properly by publishing

in the Gazette a notice

to the effect that the

Government have

decided to

acquire

the property ⁱⁿ

pursuance^ofthissection^:

Provided ^thatbefore

issuing ^such

notice, ^theGovernment shall call upon the

owner

of, ^{or any}other person who,

in the

'opinion

of the Govern- ment,

may be

interested^in,such

property ^to

show cause,

why

the

property should ^notbe

acquired; ^andaiter

considering ^thecause,^ifany, shown

by any person

interested^inthe

property ^andafter

giving

the

parties ^an

opport- unity ^ol

being

heard, ^theGovernment^{may passsuch}

orders^{as they deemfit.}

(2) ^Whenanotice ^as

aforesaid^is

published ^inthe

Gazette, ^the requisitioned

property shall, ^{onand fromthe}

beginning ^{ofthe day on}which the nutice is^so

published, ^vest

absolutely

in the Government

free

from all encumbrances and^the

period

of

rcquismon

of such

property shall

end.

(3) ^No

property

shall^be

acquired

under^thissection

except ^inthe followmg

Circumstances,

namely ^:— (a)

where^anyworks

have,

during ^the

period ^of

requisition, been constructed on, in^or

over, the

property wholly ^or

partially ^at

the^ex- pense ^oftheGovernment ^andthe

Government

decide^thatthevalue

of, ^or the

right ^to

use, such

works should^besecured^or

preserved

for the purposes of Government ; ^or (b)

where ^{the c05tof}

restoring ^the

property ^toitscondition ^{at the} time of its

requismon would,

in^me

determination

of the

Government,

be excessive ^and

the

owner

declines ^to

accept release from

requisition ^ofthe property

Without

payment ^of

compensation ^forso

restoring ^the

property.

OJ.

191

(4) ^Any

decision^or

determination^oftheGovernment under ^sub- section

(3)

shall

be

final

and

shall ^notbe

called

in

question

in any

court.

(5) ^Forthe

purposes^ofclause

(a)

oisub-section

(3) ^,"works"

includes buildings,

structures^and

improvements ^ofevery

description.

8.

Principles

and

milled

of determining compensation

in^am:when immovable property ^is

iequinlioned ^or

«matted—(I)

Where^anyimmovable property^is requisitioned ^or

acquired

under^{this Act,}

there shall ^{be paid}compensation the amount^of

which shall be determined ⁱⁿ

the manner and in accordance with the

principles

hereinafter^set

out, that^isto

say,— (a)

where ^the

amount^of

compensation ^{can be}fixed

by

agreement, it

shall

be

paid

in accordance with ^such

agreement

; (h)

where^nosuch

agreement ^{can be}

reached, ^the

Government

shall within two months^of

taking

possession ^ofthe

property

under

section

4,

or

of

the

publication

of

the notice

under sub-section

(1)

of section

7,

as the case

may be,

direct the District Collector wirhln

whose

jut

lltllcl ion

the pro- perty ^issituate^todetermine^the

amount^of

compensation ^;

(c) ^on

receipt ^{of a}

direction under clause ^{(b), the}

District (lollector shall after ^such

inquiry ^as

may be

prescribed

and ^such

further

inquiry

as he considers necessary,^makeanaward

determining ^theamount

of compensa- tion which appeais

to him to be

just

and

specifying

the person

or

persons

to whom such

compensation

shall be

paid,

and in

making

the award,

he shall have

regard ^to

the circumstances of each case^and

the

provisions

at gun. sections

(2)

and

(3), ^sofar^as

they ^are

applicable

3

(d)

where there^isa

dispute ^{asto the}person ^or

persons^whoare entitled to^the

compensation,

the District Collector shall

dCCide such

dispute and ^iftheDistrict Collector

finds^thatmore

persons

than one are

entitled to

compensation,

he shall

apportion

the amount

thereol'ainong

such persons.

(2) ^Theamount ^of

compensation

payable ^forthe

requisiiioning ^ofany immovable

property shall consist

of ——

(a) ^a

recurring payment, ⁱⁿ

resplct ^{of the}

period ^or

requisition

of a

sum

equal

to the rent which would

have

been

payable

for the use

and occupation of^theimmovable property ^{if ithadbeen}

taken^on

lease for that period; ^and (b)

such ^sumor

sums,^{ifany, as}

may^be

found

necessary ^to

compen- sate the person interested for all^or

any

ol the

followmg matters,

namely

:—

(i) pecuniary ^los:dueto

requisitioning ^;

(ii) txpenses ^onaccount^of

vacating ^the

requisitioncd premises ;

(iii) expenses ^on

account^of

re-occupying ^the

premises upoii ielcnse from

requisition

; and (iv)

damages (other ^thannormal^wearand

tear)

caused to

the immovable

property during

the

period

of

requisition,

including the expenses ^thatmay have to^be

"curred

for

restoring

the same ^tothe

condition

in

which^itwas at

the time of requisition.

192

(3) ^The

compensation payable ^forthe

acquisition ^ofany immovable property

under

section ⁷

shall ^{be the}

price which^the

requisition-:d

immova- ble

property

would have fetched in

th" open market,

if it had

remained

in the same condition as it was at the time of

requisitioning

and

been sold on the date of

acquisition.

9.

Payment of compensation

relating

[i

immovable

property

-(1)

The

amount of

compensation

payable

under an

award

shall,

subject

to

any rules

made under this

Act,

he

paid by

the

Government to

the person

or

persons entitled thereto in such manner and Within

such time as

may be

specified

in

the award.

(2) ^The

amount^of

compensation

payable

under^anaward shall carry interest ^{atthe rateofsix}

per ^cent

per

annum

from the

date- on

which

it^is speCified ^as

payable ^intheaward. 10-

Appeal:

from

awardslm

respect of

[DmfiEflmllOlL—(l)

Any peison aggrieved ^{by an}award ^oftheDistrict Collector^madeunder section ^8may, Within

sixty days ^{fromthedateofsuch}

award,

prefer ^an

.tppeal ^tothe District

Court within whose

jurisdiction ^the

immovable property ^issituate ^:

Provided ^thatthe Dtstrict Court may enteitain an

appeal

after the expiry ^{of thesaid}

period ^of

sixty ^da5,ifitis

satisfied^{that the}

appellant ^was prevented ^by

suiticrent

cause ^trom

filing ^the

appeal ⁱⁿtime.

(2) ^On

receipt ^ofan

appeal

under

subsection ^{(1), the}

District Court shall,

after^such

inqutry ^asit

deems necessary,

pass sucli orders^onthe

appeal as it thinks

fit.

(3) ^Anordei^oftheDistrict Court under subsection ⁽²⁾

shall ^be

final. ll ^.Government and

officers

and authonlm ^lo

haw: certain power: of

civil tour/3.— The

Government ^or

any oflicer ^or

authority empowered by ^the

Government under

subsecnon

(l) ^ofsection ^{17or the}Distiict

Collector,

while

holding an

inquiry

under

this

Act,

shall have all the powers ofa

etvil court while trying ^asuitunder^{the Code ol}

Civtl

Procedure, ¹⁹⁰⁸

(Central ^Act5of 1908), ⁱⁿ

respect ^ofthe

tollowing

mattu's,

namely ^:— (a)

summoning ^and

rnlorci-ig ^theattendance^ofany

person^and examining ^{him on oath;}

(b) requiring ^the

discovery ^and

production ^ofanydocument³ (c)

reception ^at

thdcnce ^onaflidaVits^;

(d) requisitioning ^anypublic

record^from.my

court ^oroffice^, (c)

issuing

commissions ^forexamination^of

witnesses. l2.

Pmtuplzs

and method

of determining compensation ^inmm

when

moi/able property ^it

requmnontd ^or

fltqulffd.—\VhPrL ^any

movable

property is

reqUi- sitiontd ^or

acquired

under ^{this Act, the}

compensation payable

therefor ^and the

person ^or

persons ^to whom ^it

should ^be

paid

shall be determind ⁱⁿ accordance ^{with the}

rules^{tobemadeinthis}behalf

by ^the

Government ^:

I

193

Provided ^thattherules^so

made for

payment ^of

compensation

shall,»—

(a) ⁱⁿ

respect ^ofmovable

property requisitionud,

provide ^for

payment of rent or other return which the property

would

normally

fetch if ^so

allowed to be

used ; and

(b) ⁱⁿ

respect ^of

movable

property acquired, provide ^for

payment ^of compensation ^atthemarket ^rate

prevailing ^onthedateof

acquisition.

13.

Power^toobtain

informalwm—The

Government may, with ^aview^to carrying ^outthepurpmes^ofsection ^3orsection^{6 or}

section ^7orsection ⁸ or section

12,

by order,

require any person

to

furnish

to such

oiliccr,

us

may be

specified

in the

order, ^such

information ⁱⁿ

his

possession

as

may he

speci- fied

relating ^to

any

property

winch ^is

requisitioned ^or

acquired, ^or

intended to be

reqmsitroned ^or

acquired,

under this Act.

14. Power ^to

Euler and

inspect.——-Any

ofl'icer,

empowered

in this behalf

by the Government

by

general ^or

special

order, may

enter and

inspccl any property ^forthe

purposes ^of

determining

whether^{andifso,inwhat}manner, an

order under

this Act should be made in relation

to

such

property

or with a

View to

securing compliance

with

an

order made

under

this Act. 15, Service

ofnotzm

and

ardrrr.——(l)

Subject ^to

the

provisions

of this section and any rules that may be

made

under

this

Act, every notice^or

order issued or made under this ^Act

shall,"

(a?

in ^thecaseof

any

notice^ororder^ofa

general

nature^or

affecting

:1

class 0

persons, be

published ^inthe

Gazette ;^and

(b) ^{inthecaseofany}notice ^or

order

allectmgan individual, corporation or

firm,

be served in the manner

provided

for

the

service

of summons in

rule

2

of Order XXIX or rule 3 of Order

XXX,

as

the case

may be,

in the

First Schedule to^{theCode of}Civil

Procedure, ¹⁹⁰⁸

(Central

Act 5 oi

1908)

; and

(c) ^{inthe case}

ofany

notice ^ororder

affecting ^a

person

(not being ^a corporation ^or

firm), ^beserved^onsuchperson—~—

(i) by delivering ^or

tendering ^ittothatperson; ^or

(ii) ^ifitcannot^{be so}delivered^or

tendered,^by

delivering ^or

tendering it to

any officer of such person

or

any adult

male

member

of

the

family

of such person, ^or

by

affixing ^a

copv thereof ^{on the}outer

door

or

on

some con. spicuous part^ofthepremisesⁱⁿ

which^thatperson^is

known^{to havelast} resided ^or

carried ^on

business ^or

personally

worked for

gain;

or (iii)

failing

service ^by

these means, ^byregistered post.

(2)

Where^the

ownership ^{of the}

property ^isin

dispute ^or

where^the persons

interested^inthe

property ^arenot

readily

traceable^andthenotice or order

cannot be served wtthout undue

delay,

the notice or

order may be served

by

publishing ^itin

the

Gazette,

and where

possible, by

aflixmg

a copy thereof ^on

any compicuous part

of the property ^to

which

it

relates,

16 Easement

nat ta be

dulurbedr—No person interested

in any immovable property requisitioned ^or

acquired

under ^thisAct

shall,

Without^the previous

written consent^oftheGovernment^or

except ^{for the}purposes^of

194

eff

cting

repairs

or

complying

with a

municipal requirement,

wilfully

dis- turb any convenience or

casement attached to such

property

or

remove, destroy ^orrender

unserviceable,

anything provided ^for

permanent ^usethere— with or discontinue or cause to be

discontinued any

supply

or service provided ^forthe

property. l7.

Delegation

quowam—(l)

The

Government may, by

notification

in the

Gazette,

direct that any

power conferred

on

them

by

or under this Act Lllall, ^{in such}

circumstances^andunder^such

conditions, ^ifany, ^as

may^be specified ^{in the}

notification, ^be

exercisable ^also

by ^anoliicer^or

authority subordinate ^tothe

Government.

(2) ^Allnotifications issued

under

subsection

(1)

shall^be

laid, ^{as soon} as

my be

possible,

before the

Legislative Assembly. {3) ^An

appeal

shall^{lie to the}Government^fromany decision^made by ^theofficer ^or

authority

subordinate^tothe

Government ^{to whom}powers have

been

delegated

under subsection

(1).

18. Protection

of

action taken

in

good faith—(1)

No

suit,

prosecution ^or other

legal proceeding

shall^lie

against any person^for

anything

which ^is

in good

faith ^doneor

intended ^{to be donein}pursuance^ofthisActor

any order made thereunder.

(2) ^{No suit or}

other

legal proceeding

shall ^lie

against ^the

Government, any officer ^or

authority ^foranydamage

caused^or

likely ^to

be caused ^b

y anything

which ^{is in good}

faith^doneorintended^tobedonein

purSuancc ^. of this Act or

any order made thereunder.

19. ^Bar

ofjurisdiction of ^:imlcaurtL—^Saveas

otherwise

expressly

provided in this

Act, ^no

civil court shall^have

jurisdiction

in

respect ^of

any

matter which ^the

Government^ortheDistrict

Collector ^is

empowered

by ^or

under this ^{Act to}determine.

20.

Penalty for offenteL—Whoever

contravenes

any provision

of

this

Act^:1 or

any rule made

thereunder,

or

any order made

or direction

given

under this

Act, ^or

obstructs ^thelawful exercise ^ofany power conferred

by ^orunder this

Act,

shall be

punishable

with

imprisonment

for^{a term}which may extend to three

months, ^orwithfinewhich may extend^totwothousand rupees, ^or

with both.

21. Ctrtom

pmons ^toIn

publto

.rmants.~The District

Collector and every officer

empowered

by ^the

Government,

while

exercising any power ^or

per— forming ^anyduty

under^{this Act,}

shall^bedeemed ^{to be a}

(public servant within ^the

meaning ^ofsecrion

21 of^theIndian Penal Code

(

entral ^{Act 45} of

1860).

22. ^{Pawn to make}

rult:.—(1) ^The

Government may, by

notification ⁱⁿ

t1 ^e Gazette, ^makerules ^for

carrying ^outthepurposes^{ofthis Act.}

(2) ^In

particular, ^andwithout

prejudice ^tothe

generality ^ofthefore- going

power,^suchrules^mayprovide ^{forallor anyofthe}follo

.ving

matters, namelyz— . _

(a) ^the

procedure ^tobefollowed

by ^the

Government ⁱⁿ

rmltmg inquiries

under

section^3or

section ^6;

I95

tb) ^the

procedure ^tobefollowed ^{by the}District

Collector ⁱⁿ

making inquiries

under

section^8:

'

(c) ^the

principles ^tobefollowed ⁱⁿ

determining ^the

ameuut^of compensation ^andmethod ^of

payment ^ofsuch

compensation;

(d) ^the

principles ^tobe

followedⁱⁿ

apportioning ^thecostof

proceed- ings

before^the

District

Collector^{and on}

appeal

under^{this Act;} (el ^the

manner^of

service^ofnotices ^and

orders,

(f) any

other matter which^{hasto be, or maybe,}

prescribed.

(3)

Every ^rulemadeunder ^thissection shall^be

laid, ^{assoonas maybe} after it is

made,

before the

Legisiativc Assembly

while it is in

session

for a total

period

of fourteen

days

which may be

comprised ⁱⁿone session ^orin two

successive sessions and

if'

before

the

cxpity

of the

session m which

it

is so laid ^or

the session

immediately

following,

the

Legislative Assembly makes any modification ⁱⁿ

the rule ^or

decides that the mic should not be made, ^theunitshall thereafter^haveelfcct

only ^insuchmodified^{form orhe} of no

effect,

as the

case

may be;

so however that any

such

modification

or annulment shall be without

prejudice