Tribh/MiningRegs huggingface dataset:
has made an application for grant of licence under this act for such business in
such explosive until the final disposal of his application whichever is later the word and
omitted by s ibid wef ins by s ibid wef omitted by s ibid wef
which was substituted by act of s for the former subsection ins by s ibid
wef power for central government to prohibit the manufacture possession or importation of specially dangerous
explosives notwithstanding anything in the rules under the last foregoing section the central government may
from time to time by notification in the official gazette a prohibit either absolutely or
subject to conditions the manufacture possession or importation of any explosive which is of so
dangerous a character that in the opinion of the central government it is expedient for
the public safety to issue the notification the customs act of shall have effect in
relation to any explosive with regard to the importation of which a notification has been
issued under this section and the vessel carriage or aircraft containing such explosive as that
act has in relation to any article the importation of which is prohibited or regulated
thereunder and the vessel carriage or aircraft containing such article a prohibition of manufacture possession
sale or transport of explosives by young persons and certain other persons notwithstanding anything in
the foregoing provisions of this act a no person i who has not completed the
age of eighteen years or ii who has been sentenced on conviction of any offence
involving violence or moral turpitude for a term of not less than six months at
any time during a period of five years after the expiration of the sentence or
iii who has been orderedto execute under chapter viii of the code of criminal procedure
of a bond for keeping the peace or for good behavior at any time during
the term of the bond or iv whose licence under this act has been cancelled
whether before or after the commencement of the indian explosives amendment act for contravention of
the provisions of this act or of the rules made thereunder at any time during
a period of five years from the date of cancellation of such licence subs by
the ao subs by ibid for gazette of india subs by ao the words and
and clause b were rep by act of subs by act of s wef omitted
by act of s wef ss a to f inserted by act of s wef
shall manufacture sell transport import or export any explosive or possess any such explosive as
the central government may having regard to the nature thereof by notification in the official
gazette specify b no person shall sell deliver or despatch any explosive to a person
whom he knows or has reason to believe at the time of such sale delivery
or despatch i to be prohibited under clause a to manufacture sell transport import export
or possess such explosive or ii o be unsound mind b grant of licences where
a person makes an application for licence under section the authority prescribed in the rules
made under that section for grant of licences hereinafter referred to in this act as
the licensing authority after making such inquiry if any as it may consider necessary shall
subject to the other provisions of this act by order in writing either grant the
licence or refuse to grant the same the licensing authority shall grant a licence a
where it is required for the purpose of manufacture of explosives if the licensing authority
is satisfied that the person by whom licence is required i possesses technical knowhow and
experience in the manufacture of explosives or ii has sin his employment or undertakes to
employ a person or persons b where it is required for any other purpose if
the licensing authority is satisfied that the person by whom licence is required has a
good reason for obtaining the same c refusal of licences notwithstanding anything contained in section
b the licensing authority shall refuse to grant a licence a where such licence is
required in respect of any prohibited explosive or b where such licence is required by
a person whom the licensing authority has reason to believe i to be prohibited by
this act or by any other law for the time being in force to manufacture
possess sell transport import or export and explosive or ii to be of unsound mind
or iii to be for any reason unfit for a licence under this act or
c where the licensing authority deems it necessary for the security of the public peace
or for public safety to refuse to grant such licence where the licensing authority refuses
to grant a licence to any person it shall record in writing the reasons for
such refusal and furnish to that person on demand a brief statement of the same
unless in any case the licensing authority is of opinion that it will not be
in the public interest to furnish such statement d licensing authority competent to impose conditions
in addition to prescribed conditions a licence granted under section b may contain in addition
to prescribed conditions such other conditions as may be considered necessary by the licensing authority
in any particular case e variation suspension and revocation of licences the licensing authority may
vary the condition subject to which a licence has been granted except such of them
is have been prescribed and may for that purpose require the holder of licence by
notice in writing to deliverup the licence to it within such time as may be
spefied in the notice the licensing authority may on the application of the holder of
a licence also vary the conditions of the licence except such of them as have
been prescribed the licensing authority may by order in writing suspend a licence for such
period as it thinks fit or revoke a licence a if the licensing authority is
satisfied that the holder of licence is prohibited by this act or by any other
law for the time being in force to manufacture possess sell transport import or export
any explosives or is of unsound mind or is for any reason unfit for a
licence under this act or b if the licensing authority deems it necessary for the
security of the public peace or for public safety to suspend or revoke the licence
or c if the licence was obtained by the suppression of material information or on
the basis of wrong information provided by the holder of the licence or any other
person on his behalf at the time of applying for the licence or d if
any of the conditions of the licence has been contravened or e if the holder
of the licence has failed to comply with a notice under subsection requiring him to
deliverup the licence the licensing authority may also revoke a licence on the application of
the holder thereof where the licensing authority makes an order varying the conditions of a
licence under sub section or an order suspending or revoking a licence under subsection it
shall record in writing the reasons therefor and furnish to the holder of the licence
on demand a brief statement of the same unless in any case the licensing authority
is of the opinion that it will not be in the public interest to furnish
such statement a court conviction the holder of a licence of any offence under this
act or the rules made thereunder may also suspend or revoke a licence provided that
if the conviction is set aside on appeal or otherwise the suspension or revocation shall
become void an order of suspension or revocation under subsection may also be made by
an appellate court or by the high court when exercising its powers of revision the
central government may by order in the official gazette suspend or revoke or direct any
licensing authority to suspend or revoke all or any licences granted under this act throughout
india or any part thereof on the suspension or revocation of a licence under this
section the holder thereof shall without delay surrender the licence to the authority by whom
it has been suspended or revoked or to such other authority as may be specified
in this behalf in the order of suspension or revocation f appeals any person aggrieved
by an order of the licensing authority refusing to grant a licence or varying the
conditions of a licence or by an order of the licensing authority suspending or revoking
a licence may prefer an appeal against that order to such authority hereinafter referred to
as the appellate authority and within such period as may be prescribed provided that no
appeal shall lie against an order made by or under the direction of the central
government no appeal shall be admitted if it is preferred after the expiry of the
period prescribed therefore provided that an appeal may be admitted after the expiry of the
period prescribed there for if the appellant satisfies the appellate authority that he had sufficient
cause for not preferring the appeal within that period the period prescribed for an appeal
shall be computed in accordance with the provisions of the limitation act of with respect
to the computation of periods of limitation thereunder every appeal under this section shall be
made by a petition in writing and shall be accompanied by a brief statement of
the reasons for the order appealed against where such statement has been furnished to the
appellant and by such fee as may be prescribed in disposing of an appeal the
appellate authority shall follow such procedure as may be prescribed provided that no appeal shall
be disposed of unless the appellant has been given a reasonable opportunity of being heard
the order appealed against shall unless the appellate authority conditionally or unconditionally directs otherwise be
in force pending the disposal of the appeal against such order every order of the
appellate authority confirming modifying or reversing the order appealed against shall be final power to
make rules conferring powers of inspection search seizure detention and removal the central government may
make rules consistent with the act authorising any officer either by name or in virtue
of his office a to enter inspection and examine any place aircraft carriage or vessel
in which an explosive is being manufactured possessed used sold transported imported or exported under
a licence granted under this act or in which he has reason to believe that
an explosive has been or is being manufactured possessed used sold transported imported or exported
in contravention of this act or of the rules made under this act b to
search for explosives therein c to take samples of any explosive found therein on payment
of the value thereof and d to seize detain and remove any explosive or ingredient
thereof found therein and if necessary also destroy such explosive or ingredient the provisions of
the code of criminal procedure of relating to searches under that code shall so far
as the same are applicable apply to searches by officers authorized by rules under this
section notice of accidents whenever there occurs in or about or in connection with any
lace in which an explosive is manufactured possessed or used or any aircraft carriage or
vessel either conveying an explosive or on or from which an explosive is being loaded
or unloaded any accident by explosion or by fire attended with loss of human life
or serious injury to person or property or of a description usually attended with such
loss or injury the occupier of the place or the master of the aircraft or
vessel or the person in charge of the carriage as the case may be shall
within such time and in such manner as may be by rule prescribed give notice
thereof and of the attendant loss of human life or personal injury if any to
the chief controller of explosives and to the officer in charge of the nearest police
station subs by act of s for any place carriage or vessel wef subs by
s ibid for transported or imported wef subs by s ibid wef subs s ibid
for code of criminal procedure wef subs by s ibid for any carriage and vessel
wef subs by s ibid for the master of the vessel wef subs by s
ibid for chief controller of explosives wef omitted by s ibid wef inquiry into accidents
where any accident such as in referred to in section occurs in or about or
in connection with any place aircraft carriage or vessel under the control of nay of
the armed forces of the union an inquiry into the causes of the accident shall
be held by the naval military or air force authority concerned and where any such
accident occurs in any other circumstances the district magistrate shall in cases attended by loss
of hman life or may in any other case hold or direct a magistrate subordinate
to him to hold such an inquiry any person holding an inquiry under this section
shall have all the powers of a magistrate in holding an inquiry into an offence
under the code of criminal procedure of and may exercise such of the powers conferred
on any officer by rules under section as he may think it necessary or expedient
to exercise for the purpose of the inquiry the person holding an inquiry under this
section shall make a report to the central government stating the causes of the accident
and its circumstances the central government may make rules a to regulate the procedure at
inquiries under this section b to enable the chief controller of explosives to be present
or represented at any such inquiry c to permit the chief controller of explosives or
his representative to examine any witness at the inquiry d to provide that where the
chief controller of explosives is not present or represented at any such inquiry a report
of the proceedings thereof shall be sent to him e to prescribe the manner in
which and the time within which notice referred to in section shall be given a
inquiry into more serious accidents the central government may where it is of opinion whether
it is of opinion whether or not it has received the report on an inquiry
under section that an inquiry of more formal character should be held into causes of
an accident such as is referred to in section appoint the chief controller of explosives
or any other competent person to hold such enquiry and may also appoint one or
more persons possessing legal or special knowledge to act as assessors in such inquiry subs
by s ibid for any place carriage or vessel wef subs by s ibid for
the indian forces wef omitted by s ibid wef subs by sibid for the words
and figures code of criminal procedure wef subs by act of s for chief inspector
of explosives in india wef where the central government orders an inquiry under this section
it may also direct that any inquiry under section pending at the time shall be
discontinued the person appointed to hold an inquiry under this section shall have all the
powers of a civil court under the code of civil procedure v of for the
purposes of enforcing the attendance of witnesses and compelling the production of documents and material
objects and every person required by such person as aforesaid to furnish any information shall
be deemed to be legally bound so to do within the meaning of section of
the indian penal code of any person holding an inquiry under this section may exercise
such of the powers conferred on any officer by rules under section as he may
think it necessary or expedient to exercise for purposes of the inquiry the person holding
an inquiry under this section shall make a report to the central government stating the
causes of the accident and its cicumstances and adding any observations which he or any
of the assessors may think fit to make and the central government shall cause every
report so made to be published at such time and in such manner as it
may think fit the central government may make rules for regulating the procedure at inquires
under this section b punishment of certain offences whoever in contravention of rules made under
section or of the conditions of a licence granted under the said rules a manufactures
imports or export any explosive shall be punishable with imprisonment for a term which may
extend to three years or with fine which may extend to five thousand rupees or
with both b possesses uses sells or transports any explosive shall be punishable with imprisonment
for a tern which may extend to two years or with fine which may extend
to two years or with fine which may extend to three thousand rupees or with
both and c in any other case with fine which may extend to one thousand
rupees whoever in contravention of a notification issued under section manufactures possesses or imports any
explosive shall be punishable with imprisonment for a term which may extend to three years
or with fine which may extend to five thousand rupees or with both and in
the case of importation by water the owner and master of the vessel or in
the case of importation by air the owner and the master of the aircraft in
which the explosive is imported shall in the absence of reasonable excuse each be punishable
with fine which may extend to five thousand rupees ins by s ibid wef whoever
a manufactures sells transports imports exports or possesses any explosive in contravention of the provisions
of clause a of section a or b sells delivers or despatches any explosive in
contravention of the provisions of clause b of that section shall be punishable with imprisonment
for a tern which may extend to three years or with fine or with both
or c in contravention of the provisions of section fails to give notice of any
accident shall be punishable i with fine which may extend to five hundred rupees or
ii if the accident is attended by loss of human life with imprisonment for a
tern which may extend to three months or fine or with both c offences by
companies whenever an offence under this act has been committed by a company every person
who at the time the offence was committed was in charge of or was responsible
to the company for the conduct of the business of the company as well as
the company shall be deemed to be guilty of the offence and shall be liable
to be proceeded against and punished accordingly provided that nothing contained in this subsection shall
render any such person liable to any punishment under this act if he proves that
the offence was committed without his knowledge and that he exercised all due diligence to
prevent the commission of such offence notwithstanding anything contained in subsection where as offence under
this act has been committed by a company and it is proved that the offence
has been committed with the consent or connivance of or is attributable to any neglect
on the part of any director manager secretary or other officer of the company such
director manager secretary of other officer shall also be deemed to be guilty of that
offence and shall be liable to be proceeded against and punished accordingly explanation for the
purposes of this section a company means any body corporate and includes a firm or
other association of individuals and b director in relation to a firm means a partner
in the firm forfeiture of explosives when a person is convicted of an offence punishable
under this act or the rules made under this act the court before which he
is convicted may direct that explosive or ingredient of the explosive or the substance if
any in respect of which the offence has been committed or nay part of that
explosive ingredient or substance shall with the receptacles containing the same be forfeited distress of
aircraft or vessel where the owner or master of any aircraft or vessel is adjudged
under this act to pay a fine for any offence committed with or in relation
to that aircraft or vessel the court may in addition to any power it may
have for the purpose of compelling payment of the fine direct it to be levied
by distress and sale of a the aircraft and its furniture or so much of
the furniture or b the vessel and the tackle apparel and furniture of such vessel
or so much of the tackle apparel and furniture thereof as is necessary for the
payment of fine abetment and attempts whoever abets within the meaning of the indian penal
code of the commission of an offence punishable under this act or the rules made
under this act or attempts to commit any such offence and in such attempt does
any act towards the commission of the same shall be punished as if he had
committed the offence power to arrest without warrant persons committing dangerous offences whoever is found
committing any act for which he is punishable under this act or the rules under
this act and which tends to cause explosive or fire in or about any place
where an explosive is manufactured or stored or any railway or port or any carriage
aircraft or vessel may be apprehended without a warrant by a police officer or by
the occupier of or the agent or servant of or other person authorized by the
railway administration or conservator or the port or officer in charge of the air port
and be removed from the place where he is arrested and conveyed as soon as
conveniently may be before a magistrate saving and power to exempt nothing in this act
except sections and a shall apply to the manufacture possession use transport or importation of
any explosive a by any of armed forces of the union and ordnance factories or
other establishments of such forces in accordance with rules or regulations made by the central
government b by any person employed under the central government or under a state government
in execution of this act the central government may by notification in the official gazette
exempt absolutely or subject to any such conditions as it may think fit to impose
any explosive and any person or class of persons from all or any of the
provisions of this act or the rules made thereunder subs by act of s wef
subs by s ibid for ship or boat wef subs by act of s ibid
for conservator of the port wef subs by s ibid for indian forces wef subs
by s ibid for any explosives from all or any of the provisions of this
act wef saving of indian arms act nothing in this act shall affect the provisions
of the arms act of provided that an authority granting a licence under this act
of the manufacture possession sale transport or importation of an explosive may if empowered in
this behalf by the rules under which the licence is granted direct by an order
written on the licence that it shall have the effect of a like licence granted
under the said arms act saving as to liability under other law nothing in this
act or the rules under this act shall prevent any person from being prosecuted under
any other law for any act or omission which constitutes an offence against this act
or those rules or from being liable under that other law to any other or
higher punishment or penalty that provided by this act or those rules provided that a
person shall not be punished twice for the same offence extension of definition of explosive
to other explosive substances the central government may from time to time by notification in
the official gazette declare that any substance which appears to the central government to be
specially dangerous to life or property by reason either of its explosive properties or of
any process in the manufacture thereof being liable to explosion shall be deemed to be
an explosive within the meaning of this act and the provision of this act subject
to such exceptions limitations and restrictions as may be specified in the notification shall accordingly
extend to that substance in like manner as if it were included in the definition
of the term explosive in this act a power to delegate the central government may
by notification in the official gazette direct that any power to function which may be
exercised or performed by it under this act other than the power under section a
and may in relation to such matters and subject to such conditions if any as
it may specify in the notification be exercised or performed also by a such officer
or authority subordinate to the central government or b such state government or such officer
or authority subordinate of the state government subs by s ibid for the words and
figures indian arms act wef the word indian omitted by s ibid wef ins by
s ibid wef procedure for making publication and confirmation of rules an authority making rules
under this act shall before making the rules publish a draft of the proposed rules
of the information of persons likely to be affected thereby the publication shall be made
in such manner as the central government from time to time by notification in the
official gazette prescribes there shall be published with the draft a notice specifying a date
at or after which the draft will be taken into consideration the authority making the
rules shall receive and consider any objection or suggestion which may be made by any
person with respect to the draft before the date so specified a rule made under
this act shall not take effect until it has been published in the official gazette
the publication in the official gazette of a rule purporting to be made under this
act shall be conclusive evidence that it has been duly made and if it requires
sanction that it has been duly sanction all powers to make rules conferred by this
act may be exercised from time to time as occasion requires every rule made under
this act shall be laid as soon as may be after it is made before
each house of parliament while it is in session for a total period of thirty
days which may be comprised in one session or in two or more successive sessions
and if before the expiry of the session immediately following the session or the successive
sessions aforesaid both houses agree in making any modification in the rule or both houses
agree that the rule should not be made the rule shall thereafter have effect only
in such modified form or be of no effect as the case may be so
however that any such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule ins by act of s wef
the land acquisition act act no of as on an act to amend the law
for the acquisition of land for public purposes and for companies whereas it is expedient
to amend the law for the acquisition of land needed for public purposes and for
companies and for determining the amount of compensation to be made on account of such
acquisition it is hereby enacted as follows part ipreliminary short title extent and commencement this
act may be called the land acquisition act it extends to the whole of india
except part b states and it shall come into force on the first day of
march part i preliminary repeal repparty by the repealing and amending act of s and
schii and partly by the repealing act of sand sch definication in this act unless
there is something repugnant in the subject or context a the expressionland includes benefits to
arise out of land and things attached to the earth or permanently fastended to anything
attached to the earth b the expression person interested includes all persons claiming an interest
in compensation to be made on accout of the acquisition of land under this act
and a person shall be deemed to be interested in land if he is interested
in an easement affecting the land c the expression collector means the collector of a
district and includes a depurty commissioner and any officer specially appointed by the appropriate government
to perform the function of a collector under this act 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 a special juducial officer within any specifed lacal limits to
perfom the functions of the court under this act e the expression company means a
company registered under the see now the indian companies act of indian companies act or
under the english companies acts to or incorporated by an act of parliament insby the
ao of the united kingdom or by an indian law or by royal charter or
letters patent insby act of s and includes a society registered under the societies registration
act and a registered society within the meaning of the cooperative societies act insby the
aoee the expression appropriate government means in relation to acquisition of land for the purposes
of the union the central government and in relation to acquisition of land for any
other purposes the state government fthe expression public purpose includes the provision of villagesites in
districts in which the appropriate government shall have declared by notification in the official gazette
that it is customary for the government to make such provision and g the following
persons shall be deemed persons entitled to act as and to the extent hereinafter provided
that is to say trustees for other persons beneficially interested shall be deemed the persons
entitled to act with reference to any such case and that to the same extent
as the persons beneficially interested could have acted if free from disability a married woman
in cases to which the english law is applicable shall be deemed the person so
entitled to act and whether of full age or not to the same extent as
if she were unmarried and of full age and the guardians of minors and the
committees or managers of lunatics or idiots shall be deemed respectively the persons so entitled
to act the same extent as the minors lunatics or idiots themselves if free from
disability could have acted provided that i no person shall be deemed entitled to act
whose interest in the subject matter shall be shown to the satisfaction of the collector
or court to be adverse to the interest of the person interested for whom he
would otherwise be entitled 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 the case may be shall appoint a guardian for the
case to act on his behalf in the conduct thereof iii the provisions of see
now the code of civil procedure of schi order xxxii chapter xxxi of the code
of civil procedure shall mutatis mutandis apply in the case of persons interested appearing before
a collector or court by a next friend or by a guardian for the case
in proceedings under this act and iv no person entitled to act shall be competent
to receive the compensation money payable to the person for whom he is entitled to
act unless he would have been competent to alienate the land and receive and give
a good discharge for the purphase many on a voluntary sale part iiacquisition preliminary investigation
as to amendments with which this section should be read when land is required for
the purposes of a company see s infra a protected monument may be acquired under
this act as if its preservation were a public purpose within the meaning of the
act see s of the ancient monuments preservation act of publication of preliminary notification and
powers of officers of there upon whenever it appears to the appropriate government that land
in any locality insby act of s is needed or is likely to be needed
for any public purpose a notification to that effect shall be published in the official
gazette and the collector shall cause public notice of the substance of such notification to
be given at convenient places in the said locality thereupon it shall be lawful for
any officer either generally or specially authorised by such government in this behalf and for
his servants and workmen to enter upon and survey and take levels of any land
in such locality to dig or bore into the subsoil to do all other acts
necessary to ascerttain whether the land is adapted for such purpose to set out the
boundaries of the land proposed to be taken and the intended line of the work
if any proposed to be made thereon to mark such levels boundaries and line by
placing marks and cutting trenches and where otherwise the survey cannot be completed and the
levels taken and the boundaries and line marked to cut down and clear away any
part of any standing crop fence or jungle provided that no person shall enter into
any building or upon any enclosed court or garden attached to a dwellinghouse unless with
the consent of the occupier thereof without previously giving such occupier at least seven days
notice in writing of his intention to do so payment for damagethe officer so authorised
shall at the time of such entry pay or tender payment for all necessary damage
to be done as aforesaid and in case of dispute as to the sufficiency of
the amount so paid or tendered he shall at once refer the dispute to the
decision of the collector or other chief revenue offecer of the district and such decision
shall be final objections insby s ibid ahearing of objections any person interested in any
land which has been notified under section subsection as being needed or likely to be
needed for a public purpose or for a company may within thirty days after the
issue of the notification object to the acquisition of the land or of any land
in the locality as the case may be every objection under subsection shall be made
to the collector in writing and the collector shall give the objector an opportunity of
being heard either in person or by pleader and shall after hearing all such objections
and after making such further inquiry if any as he thinks necessary submit the case
for the decision of the appropriate government together with the record of the proceedings held
by him and a report containing his recommendations on the objectionsthe decision of the appropriate
government on the objections shall be final for the purposes of this section a person
shall be deemed to be interested in land who would be entitled to claim an
interest in compensation if the land were acquired under this act declaration of intended acquisition
declaration that land is required for a public purpose subject to the provisions of part
vii of this act subsby act of sfor whenever it appears to the lgwhen the
appropriate government is satisfied after considering the report if any made under section a subsection
that any particular land is needed for public purpose or for a company a declaration
shall be made to that effect under the signature of a secretary to such government
or of some officer duly authorised to certify its orders provided that no scuh declaration
shall be made unless the compensation to be awarded for such property is to be
paid by a company or wholly or partly out of public revenues or some fund
controlled or managed by a local authority the declaration shall be published in the official
gazette and shall state the district or other territorial division in which the land is
situate the purpose for which it is needed its approximate area and where a plan
shall have been of the land the place where such plan may be inspected the
said declaration shall be conclusive evidence that the land is needed for a public purpose
or for a company as the case may be and after making such declaration the
appropriate government may acquire the land in manner hereinafter appearing after declaration collector to take
order for acquisition whenever any shall have been so declared to be needed for a
public purpose or for a company the appropriate government or some officer authorised by the
appropriate government in this behalf shall direct the collector to take order for the acquisition
of the land land to be marked out measured and plannedthe collector shall thereupon cause
the land unless it has been already marked out under section to be marked outhe
shall also cause it to be measured and if no plan has been made thereof
a plan to be made of the same notice to persons interested the collector shall
then cause public notice to be given at convenient places on or near the land
to be taken stating that the government intends to take possession of the land and
that claims to compensation for all interest in such land may be made to him
such notice shall state the particulars of the land so needed and shall require all
persons interested in the land to appear personally or by agenty before the collector at
a time and place therein mentioned such time not being earlier that fifteen days after
the date of publication of the notice and to state the nature of their respective
interest in the land and the amount and particulars of their claims to compensation for
such interests and their objections if any to the measurements made under section the collector
may in any case require such statement to be made in writing and signed by
the party or his agent the collector shall also serve notice to the same effect
on the occupier if any of such land and on all such persons known or
believed to be entitled to act for persons so interesed a s reside or have
agents authorised to receive service on their behalf within the revenuedistrict in which the land
is situate in case any person so interested resides elsewhere and has no such agent
the notice shall be sent to him by post in a letter addressed to him
at his last known residence address or place of business and registered under part iii
of the see now the indian post office act of indian post office act power
to require and enforce the making of statements as to names and interests the collector
may also require any such person to make or deliver to him at a time
and place mentioned such time not being earlier than fifteen days after the date of
the requisition a statement containing so far as may be practicable the name of every
other person possessing any interest in the land or any part therof as coproprietor subproprietor
mortagagee tenant or otherwise and of the nature of such interest and of the rents
and profits if any received or receivable on account thereof for three years next preceding
the date of the statement every person required to make or deliver a statment under
this section or section shall be deemed to be legally bound to do so within
the meaning of sections and of the indian penal code enquiry into measuremnts value and
claims and award by the collector enquiry and award by collector on the day so
fixed or any other day to which the enquiry has been adjourned the collector shall
proceed to enquire into the objections if any which any person interested has stated pursuant
to a notice given under section to the measurements made under sectiuon and into the
value of the land insby act of s at the date of the publication of
the notification under section subsection and into the respective interests of the persons claiming the
compensation and shall make an award under his hand of i the true area of
the land ii the compensation which in his opinion should be allowed for the land
and iii the apportionment of the said compensation among all the persons known or believed
to be interested in the land of whom or of whose claims he has information
whether or not they have respectively appeared before him award of collector when to be
final such award shall be filed in the collectors office and shall except as hereinafter
provided be final and conclusive evidence evidence as between the collector and the persons interested
whether they have respectively appeared before the collector or not of the true area and
value of the land and the apportionment of the compensation among the persons interested the
collector shall give immediate notice of his award to such of the persons interested as
are not present personally or by their representatives when the award is made adjournment of
enquiry the collector may for any cause he thinks fit from time to time adjourn
the enquiry to a day to be fixed by him power to summon and enforce
attendance of witnesses and production of documents for the purpose of enquiries under this act
the collector shall have power to summon and enforce the attendance of witnesses including the
parties interested or any of them and to compel the production of documents by the
same means and so far as may be in the same manner as is provided
in the case of a civil court under the see now the code of civil
procedure of code of civil procedure matters to be considered and neglected in determining the
amount of compensation the collector shall be guided by the provisions contained in sections and
taking possession power to take possession when the collector has made an award under section
he may take possession of the land which shall thereupon vest absolutely in the government
free from all encumbrances special powers in cases of urgency in cases of urgency whenever
the appropriate government so directs the collector though no such award has been made may
on the expiration of fifteen days from the publication of the notice mentioned in section
subsection take possession of any waste or arable land needed for public purposes or for
a companysuch land shall thereupon vest absolutely in the government free from all encumbrances whenever
owing to any sudden change in the channel of any navigable river or other unforeseen
emergency it becomes necessary for any railway administration to acquire the immediate possession of any
land for the maintenance of their traffic or for the purpose of making thereon a
riverside or ghat station or of providing convenient connection with or access to any such
station the collector may immediately after the publication of the notice mentioned in sub section
and with the previous sanction of the appropriate government enter upon and take possession of
such land which shall thereupon vest absolutely in the government free from all encumbrances provided
that the collector shall not take possession of any building or part of a building
under this subsection without giving to the occupier thereof at least fortyeight hours notice of
his intention so to do or such longer notice as may be reasonably sufficient to
enable such occupier to remobe his movable property from such building without unecessary inconvenience in
every case under either of the preceding subsections the collector shall at the time of
taking possession offer to the persons interested compensation for the standing crops and trees if
any on such land and for any other damage sustained by them caused by such
sudden dispossession and not excepted in section and in cases such offer is not accepted
the value of such crops and trees and the amount of such other damage shall
be allowed for in awarding compensation for the land under the provisions herein contained insby
act of s in the case of any land to which in the opinion of
the appropriate government the provisions of subsection or subsection are applicable the appropriate government may
direct that the provisions of section a shall not apply and if it does not
so direct a declaration may be made under section in respect of the land at
any time after the publication of the notification under section subsection part iiirefrence to court
and procedure thereon reference to court any person interested who has not accepted the award
may be written application to the collector require that the matter be referred by the
collector for the determination of the court whether his objection be to the measurement of
the land the amount of the compensation the persons to whom it is payable or
the appropriate of the compensation among the persons interested the application shall state the grounds
on which objection to the award is taken provided that every such application shall be
made a if the person making it was present or represented before the collector at
the time when he made his award within six weeks from the date of the
collectors award b in other cases within six weeks of the receipt of the notice
from the collector under section subsection or within six months from the date of the
collectors award whichever period shall first expire collectors statement to the court in making the
reference the collector shall state for the information of the court in writing under his
hand a the situation and extent of the land with particulars of any trees buildings
or standing crops thereon b the names of the persons whom he has reason to
think interested in such land c the amount awarded for damages and paid for tendered
under sections and or either of them and the amount of compensation awarded under section
and d if the objection be to the amount of the compensation the grounds on
which the amount of compensation was determined to the said statement shall be attached a
schedule giving the particulars of the notices served upon and of the statements in writing
made or delivered by the parties interested respectively service of notice the court shall thereupon
cause a notice specifying the day on which the court will proceed to determine the
objection and directing their apperance before the court on that day to be served on
the following persons namely a the applicant b all persons interested in the objection except
such if any of them as have consented without protest to receive payment of the
compensation awarded and c if the objection is in regard to the area of the
land or to the amount of the compensation the collector restriction on scope of proceedings
the scope of the inquiry in every such proceedings shall be restrcited to a consideration
of the interests of the persons affected by the objection proceedings to be in open
court every such proceeding shall take place in open court and all persons entitled to
practise in any civil court in the state shall be entitled to appear and act
as the case may be in such proceeding matters to be considered in determining compensation
in determining the amount of compensation to be awarded for land acquired under this act
the court shall take into consideration first the marketvalue of the land at the date
of the publication of the subs by act of s for declaration relating thereto under
s notification under section subsection secondly the damage 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 the collectors taking possession thereof thirdly the damage if any sustained by
the person interested at the time of the collectors taking possession taking possession of the
land by the reason of severing such land from his other land fourthly the damage
if any sustained by the person interested at the time of the collectors taking possession
of the land by reason of the acquisition injuriously affecting his other property movable or
immovable in any other manner or his earnings fifthly if in the consequence of the
acquisition of the land by the collector the person interested is compelled to change his
residence or place of business the reasonable expenses if any incidental to such change and
sixthly the damage if any bona fide resulting from diminution of the profits of the
land between the time of the publication of the declaration under section and the time
of the collectors taking possession of the land in addition to the marketvalue of the
land as above provided the court shall in every case award a sum of fifteen
per centum on such marketvalue in consideration of the compulsory nature of the acquisition comment
it is settled law that the burden of proof of market value prevailing as on
the date of publication of section notification is always on the claimants though this court
has time and again pointed out the apathy and blatant lapse on the part of
the acquiring officer to adduce evidence and also improper or ineffective or lack of interest
on the part of the counsel for the state to crossexamine the witnesses on material
facts it is the duty of the court to carefully scrutinise the evidence and determine
just and adequate compensation if the sale deeds are fond to be genuine the market
value mentioned therein must be presumed to be correct if the genuineness is doubted it
cannot be relied upon proper tests and principles laid down by this court must be
applied to determine compensation hookiyar singh v special land acquisition officer moradabad air supreme court
matters to be neglected in determining compensation but the court shall not take into consideration
first the degree of urgency which has led to the acquisition secondly any disinclination of
the person interested to part with the land acquired thirdly any damage sustained by him
if caused by a private person would not render such persons liable to a suit
fourthly any damage which is likely to be caused to the land acquired after the
date of the publication of the declaration under section by or in consequence of the
use to which it will be put fifthly any increase to the value of the
land acquired likely to accrue from the use to which it will be put when
acquired sixthly any increase to the value of the other land of the person interested
likely to accure from the use to which the land acquires will be put or
seventhly any outlay or improvements on or disposal of the land acquired commenced made or
affected without the sanction of the collector after the date of the publication of the
subs by act of s for declaration under snotification under section subsection rules as to
amount of compensation when the applicant has made a claim to compensation pursuant to any
notice given under section the amount awarded to him by the court shall not exceed