1. Short title, extent and duration.—(1) This Act may be called the Requisitioning and Acquisition
of Immovable Property Act, 1952.
(2) It extends to the whole of India except the State of Jammu and Kashmir*.
2
* * * * *
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “award” means any award of an arbitrator made under section 8;
(b) “competent authority” means any person or authority authorised by the Central Government,
by notification in the Official Gazette, to perform the functions of the competent authority under this
Act for such area as may be specified in the notification;
(c) “landlord” means any person who for the time being is receiving or is entitled to receive, the
rent of any premises, whether on his own account, or on account or 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;
(d) 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;
(e) “premises” means any building or part of a building and includes—
(i) the garden, grounds and outhouses, if any, appertaining to such building or part of a
building;
(ii) any fittings affixed to such building or part of a building for the more beneficial
enjoyment thereof;
(f) “prescribed” means prescribed by rules made under this Act;
(g) “property” means immovable property of every kind and includes any rights in or over such
property;
(h) “tenant” means any person by whom or on whose account rent is payable for any premises
and includes such sub-tenants and other persons as have derived title under the tenant under any law
for the time being in force.
3. Power to requisition immovable property.—(1) Where the competent authority is of opinion that
any property is needed or likely to be needed for any public purpose, being a purpose of the Union, and
that the property should be requisitioned, the competent authority—
(a) shall call upon the owner or any other person who may be in possession of the property by
notice in writing (specifying therein the purpose of the requisition) to show cause, within fifteen days
of the date of the service of such notice on him, why the property should not be requisitioned; and
1. This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I and Goa, Daman and Diu by
Notification. No. G.S.R. 388, dated the 15th March. 1967, Gazette of India, Pt. II., Sec. 3 (i), p. 471 to and brought into
force in the State of Sikkim (w.e.f. 1-12-1976) by Notification. No. S.O. 4514, dated 27th November, 1976.
This Act has been amended in Goa, Daman and Diu by Goa, Daman and Diu Act 6 of 1977.
2. Sub-section (3) omitted by Act 1 of 1970, s. 2 (w.e.f. 11-3-1970).
*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu
and Kashmir and the Union territory of Ladakh.
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(b) may, by order, direct that neither the owner of the property nor any other person shall, without
permission of the competent authority, dispose of, or structurally alter, the property or let it out to a
tenant until the expiry of such period, not exceeding two months, as may be specified in the order.
(2) If, after considering the cause, if any, shown by any person interested in the property or in
possession thereof, the competent authority is satisfied that it is necessary or expedient so to do, it may,
by order in writing, requisition the property and may make such further orders as appear to it to be
necessary or expedient in connection with the requisitioning:
Provided that no property or part thereof—
(a) which is bona fide used by the owner thereof as the residence of himself or his family, or
(b) which is exclusively used either for religious worship by the public or as a school, hospital,
public library or an orphanage or for the purpose of accommodation of persons connected with the
management of such place of worship or such school, hospital, library or orphanage,
shall be requisitioned:
Provided further that where the requisitioned property consists of premises which are being used as a
residence by a tenant for not less than two months immediately preceding the date of the service of notice
under sub-section (1), the competent authority shall provide such tenant with alternative accommodation
which, in its opinion, is suitable.
4. Power to take possession of requisitioned property.—(1) Where any property has been
requisitioned under section 3, the competent authority may, by notice in writing, order the owner as well
as any other person who may be in possession of the property to surrender or deliver possession thereof to
the competent authority or any person duly authorised by it in this behalf within thirty days of the service
of the notice.
(2) If any person refuses or fails to comply with an order made under sub-section (1), the competent
authority may take possession of the property and may, for that purpose, use such force as may be
necessary.
5. Rights over requisitioned property.—(1) All property requisitioned under section 3, shall be used
for such purposes as may be mentioned in the notice of requisition.
(2) Where any premises are requisitioned under section 3, the competent authority may order the
landlord to execute such repairs as may be necessary and are usually made by landlords in that locality
and as may be specified in the notice, within such reasonable time as may be mentioned therein, and if the
landlord fails to execute any repairs in pursuance of such order, the competent authority may cause the
repairs specified in the order 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 to the
landlord.
6. Release from requisitioning.—(1) The Central Government may at any time release from
requisition any property requisitioned under this Act and shall, as far as possible, restore the property in
as good a condition as it was when possession thereof was taken subject only to the changes caused by
reasonable wear and tear and irresistible force:
Provided that where the purposes for which any requisitioned property was being used cease to exist,
the Central Government shall, unless the property is acquired under section 7, release that property, as
soon as may be, from requisition.
1
[(1A) Notwithstanding anything contained in sub-section (1), the Central Government shall release
from requisition,—
(a) any property requisitioned or deemed to be requisitioned under this Act before the
commencement of the Requisitioning and Acquisition of Immovable Property (Amendment)
Act, 1970 (1 of 1970), on or before the expiry of a period of 2
[seventeen years] from such
commencement;
1. Ins. by Act 1 of 1970, s. 3 (w.e.f. 11-3-1970).
2. Subs. by Act 20 of 1985, s. 2, for “fifteen years” (w.e.f. 8-3-1985).
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(b) any property requisitioned under this Act after such commencement, on or before the expiry
of a period of 1
[seventeen years] from the date on which possession of such property was surrendered
or delivered to, or taken by, the competent authority under section 4,
unless such property is acquired under section 7 within the period of 1
[seventeen years] aforesaid.]
(2) Where any property is to be released from requisition, 2
[under sub-section (1) or sub-section (1A)]
the competent authority may, after such inquiry, if any, as it 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 from whom possession was
taken at the time of the requisition or to the successors-in-interest of such person.
(3) The delivery of possession of the property to the person specified in an order under
sub-section (2) shall be a full discharge of the Central Government from all liability in respect of the
property, but shall not prejudice 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 given.
(4) Where any person to whom possession of any requisitioned property is to be given is not found
and has no agent or other person empowered to accept delivery on his behalf, the competent authority
shall cause a notice declaring that the property is released from requisition to be affixed on some
conspicuous part of the property and shall also publish the notice in the Official Gazette.
(5) When a notice referred to in sub-section (4) is published in the Official Gazette, the property
specified in such notice shall cease to be subject to requisition on and from the date of such publication
and shall be deemed to have been delivered to the person entitled to possession thereof and the Central
Government shall not be liable for any compensation or other claim in respect of the property for any
period after the said date.
(6) Where any property requisitioned under this Act or any material part thereof is wholly destroyed
or rendered substantially and permanently unfit for the purpose for which it was requisitioned by reason
of fire, earthquake, tempest, flood or violence of any army or of a mob or other irresistible force, the
requisition shall, at the option of the Central Government, be void:
Provided that the benefit of this sub-section shall not be available to the Central Government where
the injury to such property is caused by any wrongful act or default of that Government.
7. Power to acquire requisitioned property.—(1) Where any property is subject to requisition, the
Central Government may, if it is of opinion that it is necessary to acquire the property for a public
purpose, at any time acquire such property by publishing in the Official Gazette a notice to the effect that
the Central Government has decided to acquire the property in pursuance of this section:
Provided that before issuing such notice, the Central Government shall call upon the owner of, or any
other person who, in the opinion of the Central Government, may be interested in, such property to show
cause why the property should not be acquired; and after considering the cause, if any, shown by any
person interested in the property and after giving the parties an opportunity of being heard, the Central
Government may pass such orders as it deems fit.
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[(1A) Notwithstanding any judgment or order by a court or any other authority, setting aside a notice
under sub-section (1) on the ground that the owner or any other person who may be interested in the
property was not given adequate opportunity to show cause or personal hearing, the Central Government
may re-issue the notice to the owner or such other person interested in the property, for the purpose of
giving opportunity of being heard:
Provided that where a notice is re-issued, the owner or such other person interested in the property
shall be entitled to the same annual rate of interest, prevalent at any relevant time on the domestic fixed
deposit offered by the State Bank of India, as defined under clause (g) of section 2 of the State Bank of
1. Subs. by Act 20 of 1985, s. 2, for “fifteen years” (w.e.f. 8-3-1985).
2. Ins. by Act 1 of 1970, s. 3 (w.e.f. 11-3-1970).
3. Ins. by Act 21 of 2018, s. 2 (w.e.f. 14-3-1952).
5
India Act, 1955 (23 of 1955), on the compensation payable under this Act, from the date of publication of
the first notice, till the final payment of the compensation under this Act:
Provided further that any enhanced compensation with or without interest awarded by the court or
other authority, before the date of commencement of the Requisitioning and Acquisition of Immovable
Property (Amendment) Act, 2018, shall be subject to the re-issuance of a notice under this sub-section
and shall be applicable only to the cases of land being acquired for national security and defence purpose:
Provided also that in the cases, where the final award under this Act has been made any compensation
thereof has been accepted by the owner or such other person interested in the property, before the
commencement of the Requisitioning and Acquisition of the immovable Property (Amendment) Act,
2018, shall not be reopened.]
(2) When a notice as aforesaid is published in the Official Gazette, the requisitioned property shall, on
and from the beginning of the day on which the notice is so published, vest absolutely in the Central
Government free from all encumbrances and the period of requisition of such property shall end.
(3) No property shall be acquired under this section except in the following circumstances, namely:—
(a) Where any works have, during the period of requisition, been constructed on, in or over, the
property wholly or partially at the expense of the Central Government and the Government decides
that the value of, or the right to use, such works should be secured or preserved for the purposes of
Government; or
(b) where the cost of restoring the property to its condition at the time of its requisition would, in
the determination of the Central Government, be excessive and the owner declines to accept release
from requisition of the property without payment of compensation for so restoring the property.
(4) Any decision or determination of the Central Government under sub-section (3) shall be final and
shall not be called in question in any Court.
(5) For the purposes of clause (a) of sub-section (3) "works" includes buildings, structures and
improvements of every description.
8. Principles and method of determining compensation.—(1) Where any property is requisitioned
or acquired under this Act, there shall be paid compensation the amount of which shall be determined in
the manner and in accordance with the principles hereinafter set out, that is to say,—
(a) where the amount of compensation can be fixed by agreement, it shall be paid in accordance
with such agreement;
(b) where no such agreement can be reached, the Central Government shall appoint as arbitrator a
person who is, or has been, or is qualified for appointment as, a Judge of a High Court;
(c) the Central Government may, in any particular case, nominate a person having expert
knowledge as to the nature of the property requisitioned or acquired to assist the arbitrator and where
such nomination is made, the person to be compensated may also nominate an assessor for the same
purpose;
(d) at the commencement of the proceedings before the arbitrator, the Central Government and
the person to be compensated shall state what in their respective opinion is a fair amount of
compensation;
(e) the arbitrator shall, after hearing the dispute, make an award determining the amount of compensation which appears to him to be just and specifying the person or persons to whom such
compensation shall be paid; and in making the award, he shall have regard to the circumstances of
each case and the provisions of sub-sections (2) and (3), so far as they are applicable;
(f) where there is any dispute as to the person or persons who are entitled to the compensation, the
arbitrator shall decide such dispute and if the arbitrator finds that more persons than one are entitled
to compensation, he shall apportion the amount thereof amongst such persons;
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(g) nothing in the Arbitration Act, 1940 (10 of 1940) shall apply to arbitrations under this section.
(2)
1
[The amount of compensation payable for the requisitioning of any property shall, subject to the
provisions of sub-sections (2A) and (2B), consist of—]
(a) a recurring payment, in respect of the period of requisition, of a sum equal to the rent which
would have been payable for the use and occupation of the property, if it had been taken on lease for
that period; and
(b) such sum or sums, if any, as may be found necessary to compensate the person interested for
all or any of the following matters, namely:—
(i) pecuniary loss due to requisitioning;
(ii) expenses on account of vacating the requisitioned premises;
(iii) expenses on account of reoccupying the premises upon release from requisition; and
(iv) damages (other than normal wear and tear) caused to the property during the period of
requisition, including the expenses that may have to be incurred for restoring the property to the
condition in which it was at the time of requisition.
2
[(2A) The recurring payment, referred to in clause (a) of sub-section (2), in respect of any property
shall, unless the property is sooner released from requisition under section 6 or acquired under section 7,
be revised in accordance with the provisions of sub-section (2B)—
(a) in a case where such property has been subject to requisition under this Act for the period of
five years or a longer period immediately preceding the commencement of the Requisitioning and
Acquisition of Immovable Property (Amendment) Act, 1975—
(i) first with effect from the date of such commencement, and
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[(ii) secondly with effect from the expiry of five years, and thirdly with effect from the
expiry of ten years, from such commencement;]]
(b) in a case where such property has been subject to requisition under this Act immediately
before such commencement for a period shorter than five years and the maximum period within
which such property shall, in accordance with the provisions of sub-section (1A) of section 6, be
released from requisition or acquired, extends beyond five years from such commencement,—
(i) first with effect from the date of expiry of five years from the date on which possession of
such property has been surrendered or delivered to, or taken by, the competent authority under
section 4, and
2
[(ii) secondly with effect from the date of expiry of five years, and thirdly with effect from
the date of expiry of ten years, from the date on which the revision made under sub-clause (i)
takes effect;]
4
[(c) in any other case,—
(i) first with effect from the date of expiry of five years from the date on which possession of
such property has been surrendered or delivered to, or taken by, the competent authority under
section 4, and
5
[(ii) secondly with effect from the date of expiry of five years, and thirdly with effect from
the date of expiry of ten years, from the date on which the revision under sub-clause (i) takes
effect.]]
1. Subs. by Act 2 of 1975, s. 3, for “The amount of compensation payable for the requisitioning of any property shall
consisit of—” (w.e.f. 1-3-1975).
2. Ins. by Act 2 of 1975, s. 3 (w.e.f. 7-3-1975).
3. Subs. by Act 35 of 1980, s. 3, for sub-clause (ii) (w.e.f. 7-3-1980).
4. Subs. by s. 3, ibid., for clause (c) (w.e.f. 7-3-1980).
5. Subs. by Act 20 of 1985, s. 3, for sub-clause (ii) (w.e.f. 8-3-1985).
7
(2B) The recurring payment in respect of any property shall be revised by re-determining
such payment in the manner and in accordance with the principles set out in sub-section (1), read with
clause (a) of sub-section (2), as if such property had been requisitioned under this Act on the date with
effect from which the revision has to be made under sub-section (2A).]
1
[(3) The compensation payable for the acquisition of any property under section 7 shall be 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.]
9. Payment of compensation.—The amount of compensation payable under an award shall, subject
to any rules made under this Act, be paid by the competent authority to the person or persons entitled
thereto in such manner and within such time as may be specified in the award.
10. Appeals from orders of requisitioning.—(1) Any person aggrieved by an order of requisition
made by the competent authority under sub-section (2) of section 3 may, within twenty-one days from the
date of service of the order, prefer an appeal to the Central Government:
Provided that the Central Government may entertain the appeal after the expiry of the said period of
twenty-one days, if it is satisfied that the appellant was prevented by sufficient cause from filing the
appeal in time.
(2) On receipt of an appeal under sub-section (1), the Central Government may, after calling for a
report from the competent authority and giving an opportunity to the parties of being heard and after
making such further inquiry, if any, as may be necessary, pass such orders as it thinks fit and the order of
the Central Government shall be final.
(3) Where an appeal is preferred under sub-section (1), the Central Government may stay the
enforcement of the order of the competent authority for such period and on such conditions as it thinks fit.
11. Appeals from awards in respect of compensation.—Any person aggrieved by an award of the
arbitrator made under section 8 may, within thirty days from the dale of such award, prefer an appeal to
the High Court within whose jurisdiction the requisitioned or acquired property is situate:
Provided that the High Court 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.
12. Competent authority and arbitrator to have certain powers of civil courts.—The competent
authority and the arbitrator appointed under section 8, while holding an inquiry or, as the case may be,
arbitration proceedings under this Act, shall have all the powers of a civil court, while trying a suit, under
the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) reception of evidence on affidavits;
(d) requisitioning any public record from any court or office;
(e) issuing commissions for examination of witnesses.
13. Power to obtain information.—The Central Government or the competent authority may, with a
view to carrying out the purposes of section 3 or section 6, or section 7, or section 8, by order require any
person to furnish to such officer, as may be specified in the order, such information in his possession as
may be specified relating to any property which is requisitioned or acquired, or intended to be
requisitioned or acquired, under this Act.
14. Power to enter and inspect.—The competent authority or any officer, empowered in this behalf
by such authority by general or special order, may enter and inspect any property for the purposes of
1. Subs. by Act 31 of 1968, s. 2, for sub-section (3) (w.e.f. 9-8-1968).
8
determining whether, and if so, in what manner, an order under this Act should be made in relation to
such property or with a view to securing compliance with an order made under this Act.
15. Service of notice and orders.—(1) Subject to the provisions of this section and any rules that
may be made under this Act, every notice or order issued or made under this Act shall,—
(a) in the case of any notice or order of a general nature or affecting a class of persons, be
published in the Official Gazette; and
(b) in the case of any notice or order affecting an individual, corporation or firm be served in the
manner provided for the service of 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 (5 of 1908); and
(c) in the case of any notice or order affecting an individual person (not being a corporation or
firm), be served on such person—
(i) by delivering or tendering it to that person; or
(ii) if it cannot be so delivered or tendered, by delivering or tendering it to any officer of such
person or any adult male member of the family of such person, or by affixing a copy thereof on
the outer door or on some conspicuous part of the premises in which that person is known to have
last resided or carried on business or personally worked for gain; or failing service by these
means;
(iii) by post.
(2) Where the ownership of the property is in dispute or where the persons interested in the property
are not readily traceable and the notice or order cannot be served without undue delay, the notice or order
may be served by publishing it in the Official Gazette, and where possible, by affixing a copy thereof on
any conspicuous part of the property to which it relates.
16. Easement not to be disturbed.—No person interested in any property requisitioned or acquired
under this Act shall, without the previous written consent of the competent authority or except for the
purposes of effecting repairs or complying with a municipal requirement, wilfully disturb any
convenience or easement attached to such property or remove, destroy or render unserviceable anything
provided for permanent use therewith or discontinue or cause to be discontinued any supply or service
provided for the property.
17. Delegation of powers.—(1) The Central Government may, by notification in the Official Gazette,
direct that the powers exercisable by it 1
*** under this Act shall, in such circumstances and under such
conditions, if any, as may be specified in the notification, be exercisable also by an officer subordinate to
that Government or 2
[by the State Government or by an officer subordinate to the State Government.]
(2) All notifications issued under sub-section (1) shall be laid, as soon as may be, before Parliament.
18. Protection of action taken in good faith.—(1) No suit, prosecution or other legal proceeding
shall lie against any person for anything which is in good faith done or intended to be done in pursuance
of this Act or any order made thereunder.
(2) No suit or other legal proceeding shall lie against the Central Government or the competent
authority for any damage caused or likely to be caused by anything which is in good faith done or
intended to be done in pursuance of this Act or any order made thereunder.
19. Bar of jurisdiction of civil courts.—Save as otherwise expressly provided in this Act, no civil
court shall have jurisdiction in respect of any matter which the competent authority or arbitrator is
empowered by or under this Act to determine, and no injunction shall be granted by any court or other
authority in respect of any action taken or to be taken in pursuance of any power conferred by or under
this Act.
1. The words “by or” omitted by Act 42 of 1953, s. 4 and the Third Schedule (w.e.f. 23-12-1953).
2. Subs. by s. 4 and the Third Schedule, ibid., for “the State Government” (w.e.f. 23-12-1953).
9
20. Penalty for offences.—Whoever contravenes any provision of this Act, or any rule made
thereunder, or any order made or direction given under this Act, or obstructs the lawful exercise of any
power conferred by or under this Act, shall be punishable with fine which may extend to one thousand
rupees.
21. Certain persons to be public servants.—The competent authority, every arbitrator and every
officer empowered by the Central Government or the competent authority, while exercising any power or
performing any duty under this Act, shall be deemed to be a public servant within the meaning of
section 21 of the Indian Penal Code (45 of 1860).
22. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the procedure to be followed by the competent authority in making inquiries under section 3
or section 6;
(b) the procedure to be followed in arbitration proceedings and appeals under this Act;
(c) the principles to be followed in determining the amount of compensation and method of
payment of such compensation;
(d) the principles to be followed in apportioning the cost of proceedings before the arbitrator and
on appeal under this Act;
(e) the manner of service of notices and orders;
(f) any other matter which has to be, or may be, prescribed.
1
[(3) 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.]
23. Validation of certain requisitions and acquisitions.—(1) All immovable property which
purports to have been requisitioned by a State Government for any public purpose, being a purpose of the
Union, under any Provincial or State Act and which, immediately before the 25th day of January, 1952,
was used or occupied by the Central Government or by an officer or authority subordinate to that
Government shall, as from that date, be deemed to be property duly requisitioned under section 3 of this
Act, and every such requisition shall, notwithstanding any judgment, decree or order of any Court, be
deemed always to have been valid as if this Act had been in force on and from the date of the requisition
and the requisition had been duly made by a competent authority under this Act, and all the provisions of
this Act shall apply accordingly:
Provided that all agreements and awards for the payment of compensation in respect of any such
property for any period of requisition before the 25th day of January, 1952 and in force immediately
before that date shall be valid and shall be deemed always to have been valid and shall continue to be in
force and shall apply to the payment of compensation in respect of that property for any period of
requisition after that date.
(2) Every acquisition of immovable property purporting to have been made before the
commencement of this Act by a State Government for any public purpose, being a purpose of the Union,
under any enactment for the time being in force in that State and which, immediately before such
commencement, was used or occupied by the Central Government or by an officer or authority
subordinate to that Government shall, notwithstanding any defect in, or invalidity of, the enactment or
1. Subs. by Act 35 of 1980, s. 4, for sub-section (3) (w.e.f. 5-4-1980).
10
order under which the acquisition was made, be deemed for all purposes to have been validly made as if
the provisions of the said enactment or order had been included and enacted in this section and this
section had been in force on and from the date of the acquisition.
24. Repeals and savings.—(1) The Requisitioned Land (Continuance of Powers)
Act, 1947 (17 of 1947), the Delhi Premises (Requisition and Eviction) Act, 1947 (49 of 1947), and the
Requisitioning and Acquisition of Immovable Property Ordinance, 1952 (3 of 1952), are hereby repealed.
(2) For the removal of doubts, it is hereby declared that any property which immediately before such
repeal was subject to requisition under the provisions of either of the said Acts or the said Ordinance
shall, on the commencement of this Act, be deemed to be property requisitioned under section 3 of this
Act, and all the provisions of this Act shall apply accordingly:
Provided that—
(a) all agreements and 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 of requisition after such commencement;
(b) anything done or any action taken (including any orders, notifications or rules made or issued)
in exercise of the powers conferred by or under either of the said Acts or the said Ordinance shall, in
so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken in
the exercise of the powers conferred by or under this Act as if this Act was in force on the day in
which such thing was done or action was taken.
1
[25. Special provision as to certain requisitions under Act 51 of 1962.—(1) Notwithstanding
anything contained in this Act, any immovable property requisitioned by the Central Government or by
any officer or authority to whom powers in this behalf have been delegated by that Government, under
the Defence of India Act, 1962 (51 of 1962), and the rules made thereunder (including any immovable
property deemed to have been requisitioned under the said Act) which has not been released from such
requisition before the 10th January, 1968, shall, as from that date, be deemed to have been requisitioned
by the competent authority under the provisions of this Act for the purpose for which such property was
held immediately before the said date and all the provisions of this Act shall apply accordingly:
Provided that—
(a) all determinations, agreements and awards for the payment of compensation in respect of any
such property for any period of requisition before the said date and in force immediately before the
said date, shall continue to be in force and shall apply to the payment of compensation in respect of
that property for any period of requisition as from the said date;
(b) anything done or any action taken (including any orders, notifications or rules made or issued)
by the Central Government or by any officer or authority to whom powers in this behalf have been
delegated by that Government, in exercise of the powers conferred by or under Chapter VI of the
Defence of India Act, 1962 (51 of 1962), shall, in so far as it is not inconsistent with the provisions of
this Act, be deemed to have been done or taken in the exercise of the powers conferred by or under
this Act as if this section was in force on the date on which such thing was done or action was taken.
(2) Save as otherwise provided in sub-section (1), the provisions of the Defence of India
Act, 1962 (51 of 1962), and the rules made thereunder, in so far as those provisions relate to the
requisitioning of any such immovable property as is referred to in sub-section (1), shall, as from the 10th
January, 1968, cease to operate except as respects things done or omitted to be done before such cesser
and section 6 of the General Clauses Act, 1897 (10 of 1897), shall apply upon such cesser of operation as
if such cesser were a repeal of an enactment by a Central Act.]
1. Ins. by Act 31 of 1968, s. 3 (w.e.f. 10-1-1968).
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1
[26. Special provision as to certain requisitions under Act 42 of 1971.—(1) Notwithstanding
anything contained in this Act, any immovable property requisitioned or purported to have been
requisitioned by the Central Government or by any officer or authority to whom powers in this behalf
have been delegated by that Government, under the Defence of India Act, 1971 (42 of 1971), and the
rules made thereunder (including any immovable property deemed to have been requisitioned under the
said Act), which has not been released from such requisition before the appointed day, shall,—
(i) if such property was requisitioned on or before the 21st day of March, 1977, as from that date,
and
(ii) if such property was requisitioned at any time after such date, as from the date of its
requisition,
be deemed to have been requisitioned by the competent authority under the provisions of this Act for the
purpose for which such property was held immediately before the appointed day and all the provisions of
this Act shall apply accordingly:
Provided that in determining the compensation payable under this Act in respect of any property so
deemed to have been requisitioned under this Act, the sum or sums, if any, as may be found necessary to
compensate the person interested for all or any of the matters specified in clause (b) of sub-section (2) of
section 8 shall be reduced by the sum or sums, if any, paid or payable in respect of such matter or matters
as compensation in respect of such property under the Defence of India Act, 1971 (42 of 1971), and the
rules made thereunder.
(2) Save as otherwise provided in sub-section (1), the provisions of the Defence of India
Act, 1971 (42 of 1971), and the rules made thereunder, in so far as those provisions relate to the
requisitioning of any such immovable property as is referred to in sub-section (1), shall, as from the 21st
March, 1977, cease to operate except as respects things done or omitted to be done before such cesser and
section 6 of the General Clauses Act, 1897 (10 of 1897), shall apply upon such cesser of operation as if
such cesser were a repeal of an enactment by a Central Act.
Explanation.—In this section “appointed day” means the 23rd September, 1977.]