Indian Bare Acts

Search Alphabatically :

THE LAND ACQUISITION ACT, 1894

Title : THE LAND ACQUISITION ACT, 1894

Year : 1894



(1) {The words Subject to such rules as the G.G.of India in C.may from time to time prescribe in this behalf rep.by s.2 and Sch.I of Act 38 of 1920.} The appropriate Government may authorise any officer of any Company desiring to acquire land for its purposes to exercise the powers conferred by section 4.

(2) In every such case section 4 shall be constructed as if for the words for such purpose the words for the purposes of the Company were substituted; and section 5 shall be construted as if after the words the officer the words of the Company were inserted.

{Ins, by Act 16 of 1933, s.6.}[38A.Industrial concern to be deemed Company for certain purposes:- 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 hosuses for workmen employed by the concern or for the provision of amenities directly connected therewith shall, so far as concerns the acquisition of such land, 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.]



The provisions of section 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 the agreement hereinafter mentioned.



(1) Such consent shall not be given unless the appropriate Government be satisfied, {Ins, by Act 38 of 1923, s.9}[either on the report of the Collector under Section 5A, Sub-section (2), or] by an enquiry held as hereinafter provided,-

{Subs, by Act 16 of 1933, s.3, for the original clauses (a) and (b).}[(a) That the purposes of the acquistion is to obtain land for the erection of dwelling houses for workmen employed by the Company or for the provision of amenities directly connected therewith, or

(b) That such acquisition is needed for the construction of some work, and that such work is likely to prove useful to the public.]

(2) Such enquiry be held by such officer and at such time and place as the appropriate Government shall appoint.

(3) Such officer may summon and enforce the attendance of witnesses and compel the production of documents by the same means and, as far as possible, in the same manner as is provided by the {See now the Code of Civil Procedure, 1908 (5 of 1908).} Code of Civil Procedure in the case of a Civil Court.



{The words Such officer shall report to the L.G.the result of the enquiry and were rep.by Act 38 of 1923, s.10.} If the appropriate Government is satisfied {Ins, by s.10, ibid.} [after considering the report, if any, of the Collector under section 5A, sub-section (2), or on the report of the officer making an inquiry under sub-section 40] that {Ins, by Act 16 of 1933, s.4.) [the purpose of the proposed acquisition is to obtain land for the erection of dwelling houses for workmen employed by the Company or for the provision of amenities directly connected therewith, or that] the proposed acquisition is needed for the construction of a work, and that such work is likely to prove useful to the public, it shall {The words Subject to such rules as the G.G.in C.may from time to time prescribe in this behalf rep.by Act 38 of 1920, s.2 and Sch.I.} require the Company to enter into an agreement with the appropriate Government, providing to the satisfaction of the appropriate Government for the following matters, namely:-

(1) The payments to the appropriate Government of the cost of the acquisition;

(2) The transfer, on such payment, of the land to the Company;

(3) The terms on which the land shall be held by the Company;

{Subs, by Act 16 of 1933, s.4, for the original clauses (4) and (5).}

(4) Where the acquisition is for the purpose of erecting dwelling houses or the provision of amenities connected therewith, the time within which, the conditions on which and the manner in which the dwelling houses or amenities shall be erected or provided; and

(5) Where the acquisition is for the construction of any other work, the time within which and the conditions on which the work shall be executed and maintained, and the terms on which the public shall be entitled to use the work.]



Every such agreement shall, as soon as may be after its execution, be publised {The words in the Gazette of India and also rep.by the A.O.1937.} in the Official Gazette and shall thereupon (so as far as regards the terms on which the public shall be entitled to use the work) have the same effect as if it had formed part of this Act.



The provisions of sections 39 to 42, both inclusive, shall not apply and the corresponding section of the {Rep.by this Act.} Land Acquisition Act, 1870, shall be deemed never to have applied, to the acquisition of land for any Railway or other Company, for the purposes of which, {Subs, by the A.O.1937, for under any agreement between such company and the Secretary of State for India in Council, the Government is, or was bound to provide land} [under any agreement with such Company, the Secretary State for India in Council, the Secretary of State, the Central Government of any State Government is or was bound to provide land.]



In the case of the acquisition of land for the purposes of a Railway Company, the existence of such an agreement as is mentioned in section 43 may be proved by the production of a printed copy thereof purporting to be printed by order of Government.


Last updated on June, 2016

Find a Lawyer

Legal Hall of Fame

The current Legal Luminaries of India, the credible names in the legal circle along with those who would be the leading stars of the next decade. These are some of the reliable names in field of law. Nominate the Legal Stars of tomorrow

More

Recent Judgment


Sudha Mishra vs. Surya Chandra Mishra( R.F.A 299 of 2014

The Hon'ble High Court of Delhi in Sudha Mishra vs. Surya Chandra Mishra (R.F.A 299 of 2014)has ruled that a woman has a right over the property of her husband but she cannot claim a right to live in the house of her parents-in-law

More

Bare Acts

Helpline Law provides a user friendly compendium of Indian Law & Bare Acts. Get a complete list & detail of Indian Bare Acts, with amendments and repeals. It comes with easy-to-use features like Search by bare acts & by year. You can even email the information to yourself!

More

Have a Legal Matter ?
Need a Lawyer?

Have a Legal Matter ?

Need a Lawyer?

Male
Female