29. Requisitioning of immovable property.—(1) Notwithstanding anything contained in any other
law for the time being in force, if in the opinion of the Central Government or the State Government it is
necessary or expedient so to do for securing the defence of India, civil defence, public safety,
maintenance of public order or efficient conduct of military operations, or for maintaining supplies and
services essential to the life of the community, that Government may by order in writing requisition any
immovable property and may make such further orders as appear to that Government to be necessary or
expedient in connection with the requisitioning:
Provided that no property or part thereof which is exclusively used by the public for religious worship
shall be requisitioned.
(2) The requisition shall be effected by an order in writing addressed to the person deemed by the
Central Government or the State Government, as the case may be, to be the owner or person in possession
of the property, and such order shall be served in the prescribed manner on the person to whom it is
addressed.
(3) Whenever any property is requisitioned under sub-section (1), the period of such requisition shall
not extend beyond the period for which such property is required for any of the purposes mentioned in
that sub-section.
30. Payment of compensation.—Whenever in pursuance of section 29 the Central Government or
the State Government, as the case may be, requisitions any immovable property, there shall be paid to the
persons interested compensation the amount of which shall be determined by taking into consideration the
following, namely:—
(i) the rent payable in respect of the property or if no rent is payable, the rent payable in respect of
similar property in the locality;
(ii) if in consequence of the requisition of the property the person interested is compelled to
change his residence or place of business, the reasonable expenses (if any) incidental to such change;
(iii) such sum or sums, if any, as may be found necessary to compensate the person interested for
damage caused to the property on entry after requisition or during the period of requisition, other than
normal wear and tear:
Provided that where any person interested being aggrieved by the amount of compensation so
determined makes an application within the prescribed time to the Central Government or the State
Government, as the case may be, for referring the matter to an arbitrator, the amount of compensation
to be paid shall be such as the arbitrator appointed in this behalf by the Central Government or the
State Government, as the case may be may determine:
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Provided further that where there is any dispute as to the title to receive the compensation or as to
the apportionment of the amount of compensation, it shall be referred to an arbitrator appointed in this
behalf by the Central Government or the State Government, as the case may be, for determination,
and shall be determined in accordance with the decision of such arbitrator.
Explanation.—In this section and in section 37, the expression “person interested” in relation to any
property includes all persons claiming or entitled to claim an interest in the compensation payable on
account of the requisitioning or acquisition of that property under this Act.
31. Power to obtain information and give direction.—The Central Government or the State
Government, as the case may be, may, with a view to requisitioning any property under section 29 or
determining the compensation payable under section 30, by order—
(a) require any person to furnish to the authority mentioned therein such information in his
possession relating to any property as may be specified;
(b) direct that the owner, occupier or the person in possession of the property shall not, without
the permission of Government, dispose of it or where it is a building, structurally alter it till the expiry
of such period as may be specified in the order.
32. Power of entry into, and inspection of, property, etc.—Any person authorised in this behalf by
the Central Government or the State Government, as the case may be, may enter into any immovable
property and inspect such property for the purpose of determining whether, and if so in what manner, an
order under section 29 should be made in relation to such property or with a view to securing compliance
with any order made under that section.
33. Eviction from requisitioned property.—(1) Any person remaining in possession of any
requisitioned property in contravention of any order made under section 29 may be summarily evicted
from the property by any officer empowered in this behalf by the Central Government or the State
Government, as the case may be.
(2) Any officer so empowered may, after giving to any woman not appearing in public reasonable
warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building
or do any other act necessary for effecting such eviction.
34. Penalty for contravention of any order regarding requisitioning.—If any person contravenes
any order made under section 29 or section 31, he shall be punishable with imprisonment for a term
which may extend to one year, or with fine, or with both.
35. Release from requisition.—(1) Where any property requisitioned under section 29 is to be
released from such requisition, the Government by which or under whose authority the property was
requisitioned or any person generally or specially authorised by it in this behalf may, after such inquiry, if
any, as it or he may in any case, consider necessary to make or cause to be made, specify by order in
writing the person to whom possession of the property shall be given and such possession shall, as far as
practicable, be given to the person who appears to the Government or, as the case may be, the person
authorised as aforesaid, to be entitled to the possession of the property at the time such order is made.
(2) The delivery of possession of the property to the person specified in the order under
sub-section (1) shall be a full discharge of the Government from all liabilities in respect of the property,
but shall not prejudice 1*** any rights in respect of the property which any other person may be entitled
by due process of law to enforce against the person to whom possession of the property is delivered.
36. Acquisition of requisitioned property.—(1) Any immovable property which has been
requisitioned under section 29 may, in the manner hereinafter provided, be acquired in the circumstances
and by the Government specified below, namely:—
(a) where any works have, during the period of requisition, been constructed on, in or over the
property wholly or partly at the expense of any Government, the property may be acquired by that
Government if it decides that the value of or the right to use, such works shall, by means of the
acquisition of the property, be preserved or secured for the purposes of any Government, or
1. The word “by” omitted by Act 52 of 1964, s. 3 and the Second Schedule (w.e.f. 29-12-1964).
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(b) where the cost to any Government of restoring the property to its condition at the time of its
requisition as aforesaid would, in the determination of that Government, be excessive having regard
to the value of the property at that time, the property may be acquired by that Government.
(2) When any Government as aforesaid decides to acquire any immovable property, it shall serve on
the owner thereof or where the owner is not readily traceable or the ownership is in dispute, by publishing
in the Official Gazette, a notice stating that the Government has decided to acquire it in pursuance of this
section.
(3) Where a notice of acquisition is served on the owner of the property or is published in the Official
Gazette under sub-section (2), then, at the beginning of the day on which the notice is so served or
published, the property shall vest in the Government free from any mortgage, pledge, lien or other similar
encumbrances and the period of requisition thereof shall come to an end.
(4) Any decision or determination of a Government under sub-section (1) shall be final, and shall not
be called in question in any court.
(5) For the purposes of this section, “works” includes every description of buildings, structures and
improvements of the property.
37. Compensation for acquisition of requisitioned property.—(1) The compensation payable for
the acquisition of any property under section 36 shall be—
(a) the price which the requisitioned property would have fetched in the open market if it had
remained in the same condition as it was at the time of requisitioning and been sold on the date of
acquisition, or
(b) twice the price which the requisitioned property would have fetched in the open market if it
had been sold on the date of the requisition,
whichever is less.
(2) Where any person interested is aggrieved by the amount of compensation determined in
accordance with sub-section (1), he may make an application within the prescribed time to the Central
Government or the State Government, as the case may be, for referring the matter to an arbitrator
appointed in this behalf by the Central Government or the State Government, and the amount of
compensation to be paid shall be such as may be determined by the arbitrator in accordance with
sub-section (1).
(3) The provisions of section 31 and section 32 shall apply in relation to the acquisition of any
property or the determination of compensation for such acquisition as they apply in relation to the
requisitioning of any property or the determination of compensation for such requisitioning.
(4) Where there is any dispute as to the title to receive the compensation or as to the apportionment of
the amount of compensation, it shall be referred to an arbitrator appointed in this behalf by the Central
Government or the State Government, as the case may be, for determination, and his decision thereon
shall be final.
38. Power to make rules.—(1) The Central Government or the State Government, as the case may
be, may, by notification in the Official Gazette, make rules for carrying out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may
prescribe—
(a) the procedure to be followed in arbitration proceedings under this Chapter;
(b) the period within which the owner of any property or any other person interested in the
amount of compensation may apply to the Government concerned for referring the matter to an
arbitrator;
(c) the principles to be followed in apportioning the costs of proceedings before the arbitrator;
(d) the method of payment of compensation;
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(e) the manner of service of notices and orders;
(f) any other matter which has to be, or may be, prescribed.
39. Certain properties requisitioned under previous law to be deemed to be requisitioned under
this Chapter.—Any property referred to in sub-section (2) of section 24 of the Requisitioning and
Acquisition of Immovable Property Act, 1952 (30 of 1952), which continued, immediately before the
commencement of that Act, to be subject to requisition under the Requisitioned Land (Continuance of
Powers) Act, 1947 (17 of 1947), and has not, immediately before the commencement of this Act, been
released from requisitioning shall, notwithstanding anything contained in any other law for the time being
in force or in any judgment, decree or order of any court, be deemed to be the property requisitioned
under sub-section (1) of section 29 if such property is, in the opinion of the Central Government, now
required for any of the purposes specified in that sub-section:
Provided that—
(a) all agreements or awards for the payment of compensation in respect of any such property for
any period of requisition before the commencement of this Act and in force immediately before such
commencement, shall continue to be in force and shall apply to the payment of compensation in
respect of that property for any period after such commencement;
(b) anything done or any action taken (including any orders, notifications or rules made or issued)
under the Requisitioning and Acquisition of Immovable Property Act, 1952 (30 of 1952), or under the
Requisitioned Land (Continuance of Powers) Act, 1947 (17 of 1947), and continued under the firstmentioned Act, shall, in so far as it is not inconsistent with the provisions of this Chapter or any rules
or orders made thereunder, be deemed to have been done or taken under this Chapter.