Uttar Pradesh act 039 of 1948 : The UNITED PROVINCES ACQUISITION OF PROPERTY (FLOOD RELIEF) ACT, 1948

THE UNITED PROVINCES ACQUISITION OF PROPERTY

(FLOOD RELIEF) ACT, 1948¹

[United Provinces ACT, No. XXXIX of 1948]

Amended by U.P. Act No. XXXVI of 1952 U.P. Act No. 52 of 1976 Adapted and modified by the Adaptation of Laws Order, 1950² [Passed by the United Provinces Legislative Assembly on October 22, 1948 and the United Provinces Legislative Council on November 5,

1948]³

Received the assent of the Governor on December 9, 1948 under section 75 of the Government of India Act, 1935, as adapted by the India (Provisional Constitution) Order, 1947, and was published in the United Provinces Gazette Extraordinary, dated December 13, 1948.]

AN

ACT

To provide for powers to afford immediate relief to persons in the flood affected areas

Preamble Short title, extent and commencement.

Whereas [* * *]⁴it is necessary [ to provide for powers for immediate requisition and acquisition of land for building sites and building materials for relief to the sufferes in the flood affected areas];⁵

It is hereby enacted as follows:

1. (1) This Act may be called [Uttar Pradesh]²Acquisition of Property (Food Relief [* * * ]⁶Act, 1948.

(2) [* * *]⁷

(3) [* * *]⁷

1. For statement of objects and reasons see U. P. Gazette Extraordinary dated October 16, 1948.

2. Subs. by A.0. 1950 for 'United Provinces.'

3. Subs. by ibid. For 'Provincial Government.'

4. Del. By sec. 2 (a) of U. P. Act No. 36, 1952.

5. Sub. By sec. 2 (b) ibid.

6. Del. By sec. 3 (a) ibid.

7 . Omit. by Schedule of U.P. Act No. 52 of 197 6.

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[The United Provinces Acquisiton of Property (Flood Relief) Act, 1948]

Definitions Procedure of requisition

2. In this Act, unless there is anything repugnant in the subject or context—

(a) ''Building material" includes bricks, timber, bamboo, earth, lime, cement, iron and steel, and other material required in construction of houses;

(b) ''Compensation Officer" and ''Requisitioning Authority" mean the Collector of the district and include an Assistant Collector of the Ist class appointed by the Collector, provided that the same officer shall not be the Requisitioning Authority and Compensation Officer in respect of the same case ;

(c ) ''Landholder", ''Tenant"; ''Rent" and ''Sayar" have the meaning respectively assigned to them in the United Provinces Tenancy Act, 1939;

(d) ''Person interested" includes all persons claiming an interest in compensation to be made on account of the requisition or acquisition of land under this Act; and a person shall be deemed to be interested in the land if he is interested in an easement affecting the land:

Provided that in the case of building materials ''person interested" shall mean the owner of such building materials;

(e) ''¹(State Government)'' means the Government of (Uttar Pradesh)²; and

(f) ''Public purpose" means provision of village sites or repair or construction of houses for persons affected by floods.

3. If in the opinion of the Requisitioning Authority it is necessary or expedient so to do for a public purpose, it may, by order, requisition any land or building material by serving on the owner and the person in possession thereof and, when the owner or person in possession thereof is not readily traceable, or the ownership or the right to possession of the land or building material is in dispute or owing to the number of person entitled to the ownership or to the possession thereof, it is not reasonably convenient to serve everyone of them separately, by publishing, in such manner as may be specified in that behalf a notice stating that the Requisistioning Authority has decided to requisition such land or building material in pursuance of this section, and may make such further orders including orders relating to the disposal, possession and enjoyment, of any trees and other crops of any person standing on such land, as appear to it to be necessary or expedient in connection with the requisitioning.

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[The United Provinces Acquisiton of Property (Flood Relief) Act, 1948]

Use of requisitioned land

Powers of the Requisitioning Authority

4. Where any land or building material has been requisitioned under section 3, the Requisitioning Authority may use it in such manner as may appear to it to be expedient for any public purpose.

5. (1) The Requisitioning Authority may, with a view to requisitioning any land or building material under section 3 or determining the compensation therefor by order-

(a) require any person to furnish to such authority as may be specified in the order such information in his possession relating to the property as may be specified, and

(b) direct that the owner or person in possession of the land or building material shall not, without the permission of the authority making the order, dispose of it till the expiry of such period as may be specified in the order.

(2) Without prejudice to the powers conferred by sub-section (1) any person or authority appointed in this behalf by the Requisitioning Authority may enter any land and inspect it for the purpose of determining, whether, and if so in what manner, an order under section 3 should be made in relation to such land or building material or with a view to securing compliance with any order made under section 3.

Payment of compensation

6. (1) Where any land is requisitioned under section 3, there shall be paid to every person interested such compensation as may be agreed upon in writing between such person and the Requisitioning Authority in respect of—

(a) the requisitioning of such land, and

(b) any damage done during the period of requisitioning such land, other than that which may have been sustained by natural causes.

(2) Where no such agreement can be reached, the Requisitioning Authority shall refer the matter with his recommendations as to the amount of compensation therefor to the Compensation Officer and shall direct the person claiming compensation to appear before such officer on such date as may be specified and the Compensation Officer shall, on the date fixed in that behalf or on any other date to which the hearing may be postponed. Hear such person and after such further inquiry as he may deem fit. Determine the amount of compensation which shall, except as provided in section 11, be final and conclusive.

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[The United Provinces Acquisiton of Property (Flood Relief) Act, 1948]

(3) The Compensation Officer shall in fixing the amount of compensation have regard to—

(a) the rent, if any, assessed on the land which has been requisitioned;

(b) the sayar income, if any, derived from the land;

(c) the value of any trees which as a result of the requisition have to be removed from the land; (d ) The damage sustained by the person interested by reason of the taking of any standing crops or trees which may be on the land at the time of taking possession thereof. But he shall not take into consideration the value of trees, which may continue to be possessed and enjoyed by the person entitled there to.

(4) The compensation fixed under sub-section (1) or determined under sub-section (2) shall be paid in such manner as the parties may agree or as the case may be, the Compensation Officer may direct.

Acquisition of Land

Compensation to the Owner

7. (1) Where any land or building material has been requisitioned under section 3, the Requistioning Authority may, at any time, acquire it by publishing in such manner as the said authority may specify, a notice to the effect that it has decided to acquire it in pursuance of the section.

(2) Where a notice as aforesaid is duly published, the requisitioned land or building material shall, from the beginning of the day on which the notice is so published, vest absolutely in the [State Government]¹free from all encumbrances and the period of requisitioning of such land or building material shall end forthwith.

(3) The Requisitioning Authority may, subject to the general control of the [State Government]², retain or utilize, or let on hire, lease, sell, exchange or otherwise dispose of, any land acquired in pursuance of this section to any person affected by floods and in such manner as it may deem proper.

8. (i) Whenever in pursuance of section 3 or section 7 a Requisitioning Authority requisitions or acquires, as the case may be, any building material the owner thereof shall be paid such compensation as the said Authority may determine.

(ii) In determining the amount of compensation under sub- section (i), the Requisitioning Authority shall have regard to the control price, or if there is no control price, to the market value thereof and to cost of transport and storage actually incurred by the person interested.

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[The United Provinces Acquisiton of Property (Flood Relief) Act, 1948]

Act I of 1894 Payment of compensation for acquisitioned land Act I of 1894

9. (1) Whenever any land is acquired under section 7 there shall be paid to the person interested compensation, the amount of which shall be determined by the Compensation Officer in accordance with the principles set out in clauses first to fourth of sub-section (1) of section 23 of the Land Acquisition Act, 1894 :

Provided that the market value reffered to in clause first of sub-section (1) of section 23 of the Land Acquisition Act, 1894, shall be deemed to be the market value of such land on the date of publication of the notice under section 7 or on the first day of September, 1939, which ever is less:

Provided further that, where such land has been held by the owner thereof under a purchase made before the first day of October, 1948, but after the first day of September 1939, by a registered document or a decree for pre-emption between the aforesaid dates, the compensation shall be the price actually paid by the purchaser or the amount of payment on which he may have acquired the land in the decree for pre-emption as the case may be:

Provided further that, in determining the amount of compensation, the Compensation Officer shall also take into consideration any benefit which may accrue or have accrued to the person interested in or over any other land belonging to such person on account of the abandonment of such other land by any person in occupation thereof.

Act I of 1894 Act I of 1894 Release from requisition

(2) When, the compensation has been determined, under sub-section (1), the Compensation Officer shall make an award in accordance with the principles, in so far as they are not inconsistent with this Act or any rule made thereunder, set out in section 11 of the Land Acquisition Act, 1894.

(3) When any person aggrieved by an award made under sub- section (2) makes an application within the period prescribed requiring the matter to be referred to the District Judge, the Compensation Officer shall refer it to the decision of the District Judge having Jurisdiction.

(4) The provisions of the Land Acquisition Act, 1894, shall in so far as they are not inconsistent with the provisions of this Act, apply in respect of any reference made to the District Judge under sub-section (3), except that no appeal shall lie from any order passed by such District Judge.

10. (1) Where any land or building material requisitioned under section 3 is to be released from requisition, the Requisitioning Authority may, after making such inquiry, if any, as it considers necessary, specify by order in writing the person who appears to it to be entitled to the possession of such land or building material.

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[The United Provinces Acquisiton of Property (Flood Relief) Act, 1948]

Review by Commissioner against order passed u/s 3 and section 6 sub- section (2)

(2) The delivery of possession of such land or building material to the person named in the order made under sub- section (1) shall be full discharge of any liability of the (State Government)¹to deliver possession to such person as may have rightful claim to possession thereof but shall not prejudice any right in respect of such land or building material which any other person may, by due process of law, be entitled to enforce against the person to whom possession is so delivered.

(3) Where the person to whom possession of any land, or building material requisitioned under section 3 is to be delivered cannot be found or is not readily traceable or has not agent or other person empowered to accept delivery on his behalf, the Requisitioning Authority—

(a) If the property to be delivered is land, shall publish in the official Gazette a notice declaring that such land is released from requisitioning and the fact will be notified by beat of drums in the locality, and

(b) If it is building material, may sell the same in such manner as may be prescribed and deposit the proceeds in the treasury, which shall then be payable to the person entitled thereto.

(4) When a notice referred to in clause (a) of sub-section

(3) is published in the official Gazette, the land specified in such notice shall cease to be subject to requisitioning onward from the date of such publication and shall be deemed to have been delivered to the person entitled to possession thereof.

(5) Upon delivery of possession or sale made under sub- sections (2) to (4), the (State Government)¹shall save as provided in clause (b) of sub-section (3) or as may be directed by any order made under section 6, not be liable for any compensation or other claims in respect of such land or building material.

11. The Commissioner may review any order passed by the Requisitioning Authority under section 3 or by the Compensation Officer under sub-section (2) of section 6, if he is satisfied that grave injustice has been done to the person interested.

Court not to question any orders passed under this Act Act I OF 1872

12. (1) No order made in exercise of any power conferred by or under this Act shall be called in question in any court except as provided in this Act.

(2) Where an order purports to have been made and signed by any authority in exercise of any powers conferred under this Act, a court shall within the meaning of Indian Evidence Act, 1872, presume that such order was so made by that Authority. ———————————————————————————————————————————

1 . Subs. by A. O. 1 950 for (Provl. Government).

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[The United Provinces Acquisiton of Property (Flood Relief) Act, 1948]

Protection of persons acting under this Act Act I of 1904 Repeal

13. (1) No suit, prosecution or other legal proceeding shall lie against the Compensation Officer or the Requisitioning Authority or any person for anything which is in good faith done or intended to be done in pursuance of this Act, or any rule made or order issued thereunder.

(2) No suit or other legal proceeding shall lie against the (State Government)¹for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.

14. (1) the United Provinces Acquisition of Property (Flood Relief) Ordinance, 1948, is hereby repealed and the provisions of sections 6 and 24 of the United Provinces General Clauses Act, 1904, shall apply to it as if it has been an Act repealed by an (Uttar Pradesh)²Act.

(2) Any appointment or order made or direction issued under the said Ordinance and in force immediately before the commencement of this Act shall continue in force and be deemed to be an appointment, order or direction made or issued, as the case may be, under this Act.

Rule making power

15. (1) (State Government)¹may make rules³for the purposes of carrying into effect the provisions of this Act.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for^__

(a) the appointment, functions and jurisdiction of Compensation Officers and Requisitioning Authorities;

(b) the conduct and hearing of references that may be made to Compensation Officer and the procedure to be followed by such officer;

(c) the form of notices to be given and the mode of their service.

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