THE LAND ACQUISITION (AMENDMENT) BILL, 2007 - PRS

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Definitions.ANNEXUREEXTRACTS FROM THE LAND ACQUISITION ACT, 1894(1 OF 1894)An Act to amend the law for the acquisition of land for public purposes and forCompanies.WHEREAS it is expedient to amend the law for the acquisition of land needed for publicpurposes and for Companies and for determining the amount of compensation to be made onaccount of such acquisition.It is hereby enacted as follows:—PART IPRELIMINARY1. (1) * * * * *(2) * * * * *(3) * * * * ** * * * *(b) the expression “person interested” includes all persons claiming an interestin compensation to be made on account of the acquisition of land under this Act; anda person shall be deemed to be interested in land if he is interested in an easementaffecting the land;* * * * *(d) the expression “Court” means a principal Civil Court of original jurisdiction,unless the appropriate Government has appointed (as it is hereby empowered to do) aspecial judicial officer within any specified local limits to perform functions of theCourt under this Act;(e) the expression “company” means—(i) a company as defined in section 3 of the Companies Act, 1956, otherthan a Government company referred to in clause (cc);(ii) a society registered under the Societies Registration Act, 1860, orunder any corresponding law for the time being in force in a State, other than asociety referred to in clause (cc);(iii) a co-operative society within the meaning of any law relating to cooperativesocieties for the time being in force in any State, other than a cooperativesociety referred to in clause (cc);(ee) the expression “appropriate Government” means, in relation to acquisitionof land for the purposes of the Union, the Central Government, and, in relation toacquisition of land for any other purposes, the State Government;(f) the expression “public purpose” includes—(i) the provision of village-sites, or the extension, planned development orimprovement of existing village-sites;1 of 1956.21 of 1860.18
1921 of 1860.5 of 1908.(ii) the provision of land for town or rural planning;(iii) the provision of land for planned development of land from publicfunds in pursuance of any scheme or policy of Government and subsequentdisposal thereof in whole or in part by lease, assignment or outright sale with theobject of securing further development as planned;(iv) the provision of land for a corporation owned or controlled by theState;(v) the provision of land for residential purposes to the poor or landless or topersons residing in areas affected by natural calamities, or to persons displaced oraffected by reason of the implementation of any scheme undertaken by Government,any local authority or a corporation owned or controlled by the State;(vi) the provision of land for carrying out any educational, housing, healthor slum clearance scheme sponsored by Government, or by any authorityestablished by Government for carrying out any such scheme, or, with the priorapproval of the appropriate Government, by a local authority, or a societyregistered under the Societies Registration Act, 1860, or under any correspondinglaw for the time being in force in State, or a cooperative society within themeaning of any law relating to cooperative societies for the time being in force inany State;(vii) the provision of land for any other scheme of development sponsoredby Government or, with the prior approval of the appropriate Government, by alocal authority;(viii) the provision of any premises or building for locating a public office,but does not include acquisition of land for Companies;(g) the following persons shall be deemed persons “entitled to act” as and to theextent hereinafter provided (that is to say)—trustees for other persons beneficially interested shall be deemed thepersons entitled to act with reference to any such case, and that to the sameextent as the persons beneficially interested could have acted if free fromdisability;a married woman, in cases to which the English law is applicable, shall bedeemed the person so entitled to act, and, whether of full age or not, to the sameextent as if she were unmarried and of full age; andthe guardians of minors and the committees or managers of lunatics oridiots shall be deemed respectively the persons so entitled to act, to the sameextent as the minors, lunatics or idiots themselves, if free from disability, couldhave acted:Provided that—(i) no person shall be deemed “entitled to act” whose interests in thesubject-matter shall be shown to the satisfaction of the Collector or Court to beadverse to the interest of the person interested for whom he would otherwise beentitled to act;(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 thecase may be, shall appoint a guardian for the case to act on his behalf in theconduct thereof;(iii) the provisions of Order XXXII of the First Schedule to the Code ofCivil Procedure, 1908 shall, mutatis mutandis, apply in the case of personsinterested appearing before a Collector or Court by a next friend, or by a guardianfor the case, in proceedings under this Act; and
Page 2: 2Amendmentof preamble.Insertion ofn
Page 5 and 6: 52 of 1899.standardisation of land
Page 7: 7compensation awarded to each indiv
Page 10 and 11: 10Application ofcertainprovisionsre
Page 12 and 13: 12STATEMENT OF OBJECTS AND REASONST
Page 14 and 15: 14FINANCIAL MEMORANDUMClause 17 of
Page 16 and 17: 16terms and conditions of service o
Page 20 and 21: 20(iv) no person “entitled to act
Page 22 and 23: 22Collector'sstatement tothe Court.
Page 24 and 25: 24PART IVAPPORTIONMENT OF COMPENSAT
Page 26 and 27: 26AgreementwithappropraiteGovernmen
Page 28 and 29: 28sessions, and if, before the expi

THE LAND ACQUISITION (AMENDMENT) BILL, 2007 - PRS

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