S.1 SHORT TITLE

       This Act may be called the Bombay Land Requisition Act. 1948

S.2 EXTENT AND LOCATION

       (3) The4[State] Government may at any time by like notification, direct that any or all of the provisions of this Act shall cease to extend to any area and on such date as may be specified in the notification and on that date the said provisions shall cease to be in force in such area.

S.3 DURATION

       Deleted by Mah. 5. of 1973. Section 2

S.4 DEFINITIONS

       In this Act unless there is anything repugnant to the subject or context
       ,—7(A-l) "competent authority" means an officer appointed as the competent authority under Section 8BJ
       "(1) "land" includes benefits to arise out of land and buildings and all things attached to the earth or permanently fastened to the buildings or things attached to the earth
       (2) "landlord" means any person who is for the time being, receiving, or entitled to receive rent in respect of any premises whether on his own account or on account of 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 the rent or be entitled to receive the rent if the premises were let to a tenant; and includes any person not being a tenant, who from time to time

S.5 REQUISITION OF LAND

       (1) If in the opinion of the9[State] Government it is necessary or expedient so to do, the9[State] Government may by order in writing requisition any land for10[any public purpose) :
       Provided that no building or part thereof wherein the owner, the landlord or the tenant, as the case may be has actually resided for a continuous period of six months immediately preceding the date of the order shall be requisitioned under this section.
       (2) Where any building or part thereof is to be requisitioned under sub-section (1) the 9[State] Government shall make such enquiry as it deems fit and make a declaration in the order of requisition that the owner, the landlord or the tenant, as the case may be has not actually resided therein for a continuous period of six months immediately preceding the date of the order and such declaration shall be concl

S.6 REQUISITION OF VACANT PREMISES

       (1) If any premises situate in an area specified by the11[State] Government by notification in the Official Gazette are vacant on the date of such notification and wherever any such premises are vacant or become vacant after such date by reason of the landlord, the tenant or the sub-tenant. as the case may be, ceasing to occupy the premises or by reason of the release of the premises from requisition or by reason of the premises being newly erected or reconstructed or for any other reason the landlord of such premises shall give intimation thereof in the prescribed form to an officer authorised in this behalf by the11[State] Government.
       (2) The intimation shall be given12(by registered post] within one month of the date of the notification in the case of premises which are vacant on such date and in other cases within seven days of the premises becoming vacant or becoming available

S.7 CONTINUANCE OF REQUISITION

       (1) Notwithstanding anything contained in the Requisitioned Land (Continuance of Powers) Act, 1947 (XVII of 1947) , the19 [State] Government may, by order in writing direct that any land which was continued under requisition under the said Act, shall continue to be subject to requisition under this Act20[for21[any public purpose] when it is released from requisition under the said Act or ceases to be subject to requisition for any reason ; and the19[State] Government may22[for any such purpose] use or deal with the land so continued to be subject to requisition in such manner as may appear to it to be expedient.
       (2) In respect of the continued subjection of the land to requisition under sub-section (1), compensation shall be determined and paid in accordance with the provisions of this Act and of the rules made thereunder. Provided that all agreements and awards made in relation to

S.7(a) CONTINUANCE OF REQUISITION MADE UNDER THE DEFENCE OF INDIA ACT

       All immovable properties, which at the commencement of the Bombay Land Requisition (Amendment) Act, 1968 (Mah. XIV of 1968), are subjct to requisitioning effected under the Defence of India Act. 1962 (51 of 1962) (hereinafter in this section referred to as "the
       Defence Act") by the State Government or by any officer or authority to whom the powers of the State Government under the Defence Act were delegated, shall, immediately on the expiration of the period stated in the orders of requisitioning made under the Defence Act, be deemed to be lands requisitioned under this Act and shall continue to be subject to requisitioning as if they were requisitioned under this Act, without specifying any such period. The State Government may use or deal with any such land for any public purpose. Any agreement or award made for the payment of compensation in respect of any such property and in f

S.8 PAYMENT OF COMPENSATION

       (1) When any land is requisitioned or is continued to be subject to requisition under this Act, there shall be paid subject to the provisions of [sections 7 and 7A,J compensation to persons having interest in such land the amount of which shall be determined by an officer authorised in this behalf by the 25[State] Government who shall hold an inquiry in the manner prescribed. The officer shall determine such amount of compensation as he deems just having regard to all the circumstances of the case and in particular he shall be guided by the provisions of sub-section (1) of section 23 and section 24 of the Land Acquisition Act, 189426[(as in force in the27[Bombay area of the State of Maharashtra] )] in so far as they can be made applicable.
       (2) Where there are several persons interested in the land, the officer shall decide the dispute, if any, as to the apportionment of the amount

S.8(a) LANDLORD 'S TO EXECUTE NECESSARY REPAIRS

       30 Where any premises are requisitioned or continued under requisition under this Act, the State Government may subject to any agreement entered into by the appropriate Government with the landlord of the premises, whether such premises are requisitioned or continued under requisition either before or after the coming into force of the Bombay Land Requisition (Amendment) Act. 1950 by order in writing direct him to execute such repairs as shall in its opinion be necessary or sufficient to keep the premises in a good and tenantable condition and as may be specified in the order, within the time mentioned therein. If the landlord fails to execute such repairs, the State Government may cause such repairs to be executed at the expense of the landlord and the cost thereof may without prejudice to any other mode of recovery, be deducted from the compensation payable 10 the landlord

S.8(a)(a) APPLICATION OF SECTION 499 OF BOM III OF 1888 TO REQUISTIONED PREMISES

       Without prejudice to the powers conferred by section 8A, the provisions of section 499 of the Bombay Municipal Corporation Act (Bom. III of 1888) shall apply in relation to premises which are requisitioned . or continued under requisition under this Act, with this modification that the occupier for the purposes of that section shall be the State Government, or where the State Government so allows, shall be the person to whom any such premises are allotted or who is allowed to continue to remain in occupation or possession thereof, and accordingly the State Government or such person may in the circumstances stated in the said section 499 execute the work therein referred to, subject to the provisions of that section ; but for the purposes of reimbursing itself, or such person, for the reasonable expenses incurred in executing any such work, the State Government shall be entitled to recover from the owner the amount of such exp

S.8(b) APPOINTMENT OF COMPETENT AUTHORITY

The State Government may. by notification in the Official Gazette appoint an officer, who is holding or has held an office, which in its opinion is not lower in rank than that of33[Section Officer] to Government or Tahsildar, to be the competent authority for (he purposes of this Act in such area, or in respect of such lands or premises or class of lands or premises in any area, as may be specified in the notification; and more than one officer may be appointed as the competent authority in the same area in respect of different lands or premises or different classes of lands and premises

S.8(c) POWERS OF COMPETENT AUTHORITY TO

       (1) If the competent authority after holding such inquiry as he deems fit is satisfied
       (a) that a Government allottee or any other person authorised or permitted to occupy or for the time being occupying any land or premises requisitioned or continued under requisition under this Act has, whether before or after the commencement of the Bombay Land Requisition and Bombay Government Premises (Eviction) (Amendment) Act, 1980 ,—
       (i) not paid the monthly compensation due from him in respect of such land or premises for a period of more than two months;
       (ii) sub -let, the whole or any part of such land or premises, without the permission of the State Government or the competent authority;
       (iii) committed, or is committing any acts, which are in contravent

S.8(d) APPEALS AGAINST ORDERS OF COMPETENT AUTHORITY

       (1) An appeal shall lie to the State Government from every order of eviction made by the competent authority under Section 8C.
       (2) An appeal under sub-section (1) shall be preferred within thirty days from the date of the service of the order made under subsection
       (1) of Section 8C:
       Provided that, the State Government may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
       (3) Where an appeal is preferred from the order of the competent authority, the State Government may stay the enforcement of that order for such period and on such conditions as it may deem fit to specify.
       (4) Eve

S.8(e) ALLOTMENT OF REQUISITIONED LAND OR PREMISES DEEMED TO BE A LICENCE AND DUES RECOVERABLE AS ARREARS OF LAND REVENUE

       (1) The allotment of any land or premises requisitioned or continued under requisition under this Act by the State Government to any person or the continuance of any person or the permission to any person to continue to remain in occupation or possession of such land or premises shall be deemed to be a licence, in favour of such person for the use and occupation of such land or premises.
       (2) If any person to whom such land or premises are allotted by the State Government fails to pay to the State Government any sum which he is liable to pay under the terms and conditions, subject to which such land or premises are allotted to him, or if any person who continues or is permitted to continue to remain in occupation or possession of such land or premises fails to pay any amount of compensation, which the State Government determines as the amount Payable by him for such occupation or po

S.8(f) BAR OF JURISDICTION

       No Court shall have jurisdiction to entertain any suit or proceeding in respect of eviction of any person from any land or premises requisitioned or continued under requisition under this Act on any of the grounds specified in Section 8C or the recovery of any sum or other dues payable for the use or occupation of such land or premises.)

S.9 RELEASE FROM REQUISITION

       (1A) Notwithstanding anything contained in sub-section (1), the State Government shall release from requisition,—
       (a) any land requisitioned or continued to be subject to requisition under this Act before the commencement of the Bombay Land Requisition (Amendment) Act, 1973, on or before the expiry of a period of36[twenty-one years] from such commencement:
       (b) any land requisitioned under this Act after such commencement, on or before the expiry of a period of36[twenty -one years] from the date on which possession of such land was surrendered or delivered to, or taken by, the State Government or any officer authorised or empowered by the State Government.] The word "State" was substituted tor the word "Provincial" by the Adaptation of Laws Order, 1950.Release from requisition
       (2)(a) Upon such

S.9(a) IF APPLICATION FOR DETERMINATION OF COMPENSATION NOT MADE IN TIME COMPENSATION TO BE DETERMINED EXPARTE

       If an application for compensation under clause (a) of subsection (2) of section 9B is not made within the time therein mentioned, the officer may proceed to determine ex pane the amount of compensation and apportionment thereof, and such determination and apportionment shall, subject to the provisions of sub-section (3) of section 8 and of section 8-A1. be binding on the owner or landlord :
       Provided that, if the owner or landlord, within thirty days of the date of the decision of the officer, shows to the satisfaction of the officer that the notice was not duly published or served or that he was prevented by sufficient cause from making his claim in time, the officer shall cancel his decision and proceed to determine the compensation and apportionment thereof after taking into consideration any claim made by the owner or landlord.
       

S.10 POWERS OF INQUIRY.

       For the purposes of holding an inquiry under section 8 the authorized officer shall have the same powers as are vested in civil courts in respect of —
       (a) proof of facts by affidavits,
       (b) summoning and enforcing the attendance of any person and examining him on oath.
       (c) compelling the production of documents, and
       (d) issuing commissions for the examination of witnesses.

S.11 POWERS TO TAKE POSSESSION

       (1) Any officer authorised in this behalf by the41[State] Government by a general or special order may take possession of any land in respect of which an order has been made under section 5 or 642[or subsection (1) of section 8C] or sub-section (7) of section 9
       and may take or cause to be taken such steps and use or cause to be used such force as may in the opinion of such officer, be reasonably necessary for taking possession of such land.
       (2) The41[State] Government may after giving 15 clear days' notice to the person from whom possession of the land has been taken under subsection
       (1) remove or cause to be removed or dispose of by public auction any property remaining on such land.
       (3) Where property is sold under sub-section (2), the sale procee

S.12 POWER TO OBTAIN INFORMATION

       (1) Any officer authorised in this behalf by the4l[State] Government by a general or special order may, with a view to carrying out the purposes of this Act, by order require any person to furnish to him such information in such person's possession relating to any land which is requisitioned or is continued under requisition or is intended to be requisitioned or continued under requisition 43 [under this Act].
       (2) Every person required to furnish such information as is referred to in sub-section (1) shall be deemed to be legally bound to do so within the meaning of sections 176 and 177 of the Indian Penal Code.

S.13 PUBLICATION AND SERVICE OF ORDERS

       (1) Every order made under section 5, 6, 7, 44[8A [or 8C) 46* * * or ]Sub-section (7) of section 9 or section 12 shall —
       (a) if it is an order of a general nature or affecting a class of persons: be published in the manner prescribed by rules made in this behalf;
       (b) if it is an order affecting an individual, corporation, or firm, be served in the manner provided for the service of a summons in Rule 2 of Order XXIX or Rule 3 of Order XXX, as the case may be, in the First Schedule of the Code of Civil Procedure. 1908 ; The word "State" was substituted for the word "Provincial" by the Adaptation of Laws Order. 1950.
       (c) if it is an order affecting an individual person other than a corporation or firm, be served on the person —
       (i) personally, by deliv

S.14 POWER TO ENTER AND INSPECT LAND

       Without prejudice to any powers otherwise conferred by this Act, any officer or person empowered in this behalf by the50[State] Government, by general or special order may enter and inspect any land for the purpose of determining whether, and, if so, in what manner, an order under this Act should be made in relation to such land, or with a view to securing compliance with any order made under this Act

S.15 DELEGATION OF FUNCTIONS

       The 50[State] Government may, by order notified in the Official Gazette, direct that any power conferred or any duty imposed on it by this Act shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised or discharged by such officer, not being in the opinion of the50[ State] Government below the rank of a Collector, as may be so specified.

S.16 EXEMPTION

       The 51[State] Government may by rules exempt any land from the provisions of section 5 or 6 or both on such terms and conditions as may be specified in the said rules

S.17 PROTECTION OF ACTION TAKEN UNDER ACT

       (1) No suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Act or any order made thereunder.
       (2) Save as otherwise expressly provided under this Act, no suit or other legal proceeding shall lie against the51[State] Government for any damage caused or-likely to be caused by anything in good faith done or intended to be done under this Act, or any order made thereunder.

S.18 OFFICERS 10 BE DEEMED PUBLIC SERVANTS

       Every officer authorised or empowered by the51[State] Government to exercise any power or to perform any duty under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (XLV of 1860)

S.19 POWER TO MAKE RULES

       (1) The51[State] Government may by notification in the Official Gazette make rules to carry into effect the purposes of this ]Act.
       (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for —
       (i) the form in which intimation shall be given under sub -section (1) of section 6 ;
       (ii) the manner of holding an inquiry under sub -section (1), and the amount of compensation to be prescribed under sub -section (3) of section 8:
       52
       (iia) the manner and form in which applications for determination of payment of compensation shall be made, and the information required to accompany such applications, under section 9B;]
       (ii

S.20 REPEAL

       (1) The Bombay Land Requisition Ordinance. 1947, is hereby repealed, and it is hereby declared that the provisions of sections 7 and 25 of the Bombay General Clauses Act, 1904, shall apply to the repeal as if that Ordinance were an enactment.
       (2) Notwithstanding the repeal of the said Ordinance and anything contained in this Act,—
       (i) any intimation given under sub-section (1) of section 5 of that Ordinance within a period of seven days prior to the commencement of this Act shall be deemed to have been given under the corresponding provision of this Act:
       (ii) any order made under the said Ordinance requisitioning any land shall be deemed to be made under this Act;
       (iii) any land requisitioned or continued to be subject to requisition under the said

S.20(a) REPEAL OF C.P.AND BERAR I XIII OF 1948 AND SAVING

       53(1) On the commencement of the Bombay Land Requisition (Extension and Amendment) Act. 1959 (Bom. XXX111 of 1959), the Central Provinces and Berar Accommodation (Requisition) Act. 1948 (C.P. and Berar LX111 of 1948), in its application to the Vidarbha region of the State of Bombay shall stand repealed.
       (2) Notwithstanding such repeal, any accommodation, which immediately before, such repeal is subject to requisition under the repealed Act, shall thereafter be deemed to be requisitioned under this Act, and the State Government may use or deal with any such requisitioned accommodation for any public purpose in such manner as may appear to it to be expedient:
       Provided that the State Government may at any time release from requisition any such requisitioned accommodation.

S.20(b) OTHER LAWS RELATING TO ACQUISITION AND REQUISITIONING OF PROPERTY TO CONTINUE

       Bom. I VI of 1058 For the removal of doubt, it is hereby declared that the provisions of this Act shall be in addition to and not in derogation of the provisions of the Bombay Requisitioned Property (Continuance of Powers) (Saurashtra Area) Act, 1958 or of any law relating to acquisition or requisitioning of property for the time being in force in the State of Bombay or any part thereof.]

S.21 VALIDATION OF REQUISITION ORDERS

       54(1) Notwithstanding anything contained in this Act, or a judgment, decree or order of a Court if any order for requisition made under section 5, 6 or 7 on or after the 26th January 1950 and before the commencement of the Bombay Land Requisition (Amendment) Act. 1951 has not specified the purpose for which such requisition was made, but if such order for requisition was in fact made for the purpose of the State or any other public purpose, such order shall not be deemed to be or ever to have been invalid, not shall such order be called in question in any Court merely on the ground that the order has not specified the purpose for which the requisition was made.
       (2) Nothing contained in this section shall
       (a) affect the judgment, decree or order of any competent Court passed before the 31st August 1951 holding any such order invalid on th

S.22 CERTAIN ORDER NOT TO BE INVALID ON GROUND OF" ABSENCE OF DECLARATION BOM

       55(1) Notwithstanding anything contained in this Act or a judgment, decree or order of a court, an order made or purporting to have been made under section 6 before the commencement of the Bombay Land Requisition (Amendment) Act, 1955, shall not be deemed to be or to have ever been invalid merely on the ground that such order did not contain a declaration, whether express or implied, that the premises requisitioned were vacant or had become vacant on or after the date of the notification under sub-section
       (1) of section 6 ; nor shall such order be called in question in any Court merely on the ground aforesaid.
       (2) Nothing contained in this Section shall affect the judgment, decree or order of any competent court passed before the 13th January 1955. holding any such order invalid on the ground specified in sub-section (1).]

S.23 SAVING

       XXX of 1952 Nothing in this Act shall apply to any premises to which the Requisitioning and Acquisition of Immovable Property Act. 1952, applies