The Gujarat Land Requisition Act, 1948

{
    "id": 629,
    "slug": "gujarat-land-requisition-act-1948",
    "title": "The Gujarat Land Requisition Act, 1948",
    "short_title": "The Gujarat Land Requisition Act, 1948",
    "act_number": "33",
    "act_year": 1948,
    "act_type": "STATE",
    "location": "Gujarat",
    "law_status": "overruled",
    "enactment_date": "1948-04-11",
    "description": "The Gujarat Land Requisition Act, 1948",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "Section 1. Short title.",
            "chapter": null,
            "content": "This Act may be called the 2a[Gujarat] Land Requisition Act, 1948.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "Section 2. Extent.",
            "chapter": null,
            "content": "(1) This Act shall extend to the areas specified in the Schedule hereto\r\nannexed and shall continue to extend to any such area not withstanding\r\nthat the area ceases to be of the description therein specified.\r\n(2) The 3[State] Government may, by notification in the Official Gazette\r\nextend any or all of the provisions of this Act to any other area and on\r\nsuch date as may be specified in the notification:\r\n4[Provided that on the commencement of the Bombay Land Requisition (Extension\r\nand Amendment ) Act, 1959 all the provisions of this Act shall also extend to the rest of\r\nthe 5[ State of Bombay ].\r\n(3) The 3[State] Government may, at any time by like notification, direct\r\nthat any or all of the provisions of this Act shall cease to extend to any\r\narea and on such date as may be specified in the notification ; and on\r\nthat date the said provisions shall cease to be in force in such area.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "Section 3. [Deleted.]",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "Section 4. Definitions.",
            "chapter": null,
            "content": "In this Act, unless there is anything repugnant to the subject or context—\r\n(1) “land” includes benefits to arise out of land, and buildings and all things\r\nattached to the earth or permanently fastened to the buildings or things\r\nattached to the earth ;\r\n(2) “landlord” means any person who is, for the time being, receiving or\r\nentitled to receive, rent in respect of any premises whether on his own\r\naccount or on account, or on behalf, or for the benefit, of any other\r\nperson, or as a trustee, guardian, or receiver for any other person or\r\nwho would so receive the rent or be entitled to receive the rent if the\r\npremises were let to a tenant ; and included any person, not being a\r\ntenant, who from time to time derives title under a\r\nlandlord ; and further included in respect of his sub-tenant a tenant who\r\nhas sublet any premises ;\r\n(3) “premises ” means any building or part of a building let or intended to\r\nbe let separately including—\r\n(i) the garden, grounds, garages and out-houses, if any,\r\nappurtenant to such building or part of a building;\r\n(ii) any fittings affixed to such building or part of a building for the\r\nmore beneficial enjoyment thereof, but does not include a room\r\nor other accommodation in a hotel or lodging house;\r\n(4) “prescribed” means prescribed by rules made under this Act ;\r\n(5) “to requisition” means in relation to any land to take possession of the\r\nland or to require the land to be placed at the disposal of the 3[ State\r\n]Government.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "Section 5. Requisition of land.",
            "chapter": null,
            "content": "(1) If in the opinion of the 6[State] Government it is necessary of expedient\r\nso to do the 6[State ]Government may by order in writing requisition any\r\nland for 7[ any public purpose ] :\r\nProvided that no buildings or part thereof wherein the owner, the landlord or the\r\ntenant, as the case may be has actually resided for a continuous period of six months\r\nimmediately preceding the date of the order shall be requisitioned under this section.\r\n(2) Where any building or part thereof is to be requisitioned under subsection (1), the 6[ State ]Government shall make such enquiry as it\r\ndeems it and make a declaration in the order of requisition that the\r\nowner, the landlord or the tenant, as the case may be, has not actually\r\nresided therein for a continuous period of six months immediately\r\npreceding the date of the order and such declaration shall be conclusive\r\nevidence that the owner, land lord or tenant has not so resided.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "Section 6. Requisition of vacant premises.",
            "chapter": null,
            "content": "(1) If any premises situate in an area specified by the 6[ State ]Government\r\nby notification in the Official Gazette, are vacant on date of the such\r\nnotification and wherever any such premises are vacant or become\r\nvacant after such date by reason of the landlord, the tenant or the subtenant, as the case may be, ceasing to occupy the premises or by reason\r\nof the release of the premises from requisition or by reason of the\r\npremises being newly erected or reconstructed or for any other reason\r\nthe landlord of such premises shall give intimation thereof in the\r\nprescribe form to an officer authorized in this behalf by the\r\n6[ State ]Government.\r\n(2) The intimation shall be given 8[by registered post ] within one month of\r\nthe date of the notification in the case of premises which are vacant on\r\nsuch date and in other cases within seven days of the premises\r\nbecoming vacant or becoming available for occupation.\r\n(3) A landlord shall not, without the permission of the 6[ State ]Government\r\nlet occupy, or permit to be occupied such premises before giving the\r\nintimation and for a period of one month from the date on which the\r\nintimation is received.\r\n(4) Whether or not an intimation under sub-section (1) is given and\r\nnotwithstanding anything contained in section 5, the 6[ State\r\n]Government may by order in writing\r\n(a) requisition the premises 9[for 7[any public purpose ] and may use\r\nor deal with the premises for any such purpose ] in such manner\r\nas may appear to it to be expedient ; or\r\n10[ * * * * * ]\r\nProvided that where an order is to be made under clause (a) 11[requisitioning the]\r\npremises in respect of which no intimation is given by the landlord the 12[State]\r\nGovernment shall make such inquiry as it deems fit and make a declaration in the order\r\nthat the premises were vacant or had become vacant, on or after the date referred to in\r\nsub-section (1) and such declaration shall be conclusive evidence that the premises\r\nwere or had so become vacant.\r\n13\r\n * * * * *\r\n(5) Any landlord who fails to give such intimation within the period\r\nspecified in sub-section (2) shall, on conviction, be punishable with\r\nimprisonment for a term which may extend to three months or with\r\nfine or with both and any landlord who lets, occupies or permits to be\r\noccupied the premises in contravention of the provisions of sub-section\r\n(3). Shall, on conviction, be punished with imprisonment for a term\r\nwhich may extend to one year and shall also be punished with fine.\r\nExplanation. – For the purposes of this section –\r\n(a) Premises which are in the occupation of the landlord, the tenant or the subtenant, as the case may be, shall be deemed to be or become vacant when such\r\nlandlord ceases to be in occupation or when such tenant or subtenant ceases to\r\nbe in occupation upon termination of his tenancy, eviction, assignment or\r\ntransfer in any other manner of his interest in the premises otherwise,\r\nnotwithstanding any instrument or occupation by any other person prior to the\r\ndate when such landlord, tenant or sub-tenant so ceases to be in occupation;\r\n(b) Premises newly erected or re-constructed shall be deemed to be or become\r\nvacant until they are first occupied after such erection or reconstruction",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "Section 7. Continuance of requisition.",
            "chapter": null,
            "content": "(1) Notwithstanding anything contained in the Requisitioned Land\r\n(Continuance of Powers) Act, 1947, the 12[State] Government may, by\r\norder in writing direct that any land which was continued under\r\nrequisition under the said Act, Shall continue to be subject to requisition\r\nunder this Act 14[for 15[any public purpose]] when it is released from\r\nrequisition under the said Act or ceases to be subject to requisition for\r\nany reason; and the 12[State] Government may 16[for any such purpose]\r\nuse or deal with the land so continued to be subject to requisition in\r\nsuch manner as may appear to it to be expedient.\r\n(2) In respect of the continued subjection of the land to requisition\r\nunder sub-section (1) compensation shall be determined and paid in\r\naccordance with the provisions of this Act and of the rules made there\r\nunder :\r\nProvided that all agreements and awards made in relation to the land in respect of\r\nthe payment of compensation for the period before it was continued to be subject to \r\nrequisition under sub-section (1) shall continue to be in force and shall apply to the\r\npayment of compensation for the period of requisition under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "Section 8. Payment of compensation.",
            "chapter": null,
            "content": "(1) When any land is requisitioned or is continued to be subject to\r\nrequisition under this Act, there shall be paid, subject to the provisions\r\nof section 7, compensation to persons having interest in such land the\r\namount of which shall be determined by an officer authorized in this\r\nbehalf by the 17[State] Government who shall hold an inquiry in the\r\nmanner prescribed. The officer shall determine such amount of\r\ncompensation as he deems just having regard to all the circumstances\r\nof the case ; and in particular he shall be guided by the provisions of\r\nsub-section (1) of section 23 and section 24 of the Land Acquisition Act,\r\n1894, 18[(as in force in the) ] 19[Bombay area of the State of Gujarat] in\r\nso far as they can be made applicable.\r\n(2) Where there are several persons interested in the land, the officer shall\r\ndecide the dispute, if any, as to the apportionment of the amount of\r\ncompensation or any part thereof or as to the persons to whom the\r\nsame or any part thereof is payable.\r\n(3) An appeal shall lie against the decision of the officer under sub-section\r\n(1) or (2), except in cases where the total amount of compensation in\r\nrespect of the land does not exceed an amount prescribed in this behalf\r\nby the 17[State] Government20[* * * * * *]\r\n(b) 21[*] to the District Court.\r\nSuch appeal shall be made within a period of sixty days from the date of the decision.\r\n22[ Explanation.- For the purposes of this section, the total amount of compensation\r\nshall mean in cases where the amount of compensation is paid in a lump sum, such sum,\r\nand in cases where it is paid periodically, such multiple of the amount of compensation\r\nas may be prescribed.]\r\n(4) No further appeal shall lie against any decision in appeal under subsection (3).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "8A",
            "title": "Section 8A. Landlord’s duty to execute necessary repairs.",
            "chapter": null,
            "content": "(1) (a) In a case where any land which has been subject to requisition\r\nunder this Act for a period of five years or a longer period\r\nimmediately preceding the commencement of the Bombay Land\r\nRequisition (Gujarat Amendment ) Act, 1985, the amount of\r\ncompensation determined under section 8 shall, in respect of\r\nsuch land be revised with effect from the date of such\r\ncommencement. ]\r\n(b) In a case where any land which has been subject to requisition\r\nunder this Act immediately before such commencement for a\r\nperiod shorter than five years and the maximum period within\r\nwhich such land shall, in accordance with the provisions of subsection(1-A) of section 9, be released from such requisition\r\nextends beyond five years from such commencement, the amount of compensation determined in respect of such land\r\nunder section 8 shall be revised with effect from the date of\r\nexpiry of five years from the date on which possession of such\r\nland had been surrendered or delivered to or taken by the State\r\nGovernment or any officer authorized or empowered by the\r\nState Government,\r\n(2) The Provisions of section 8 and 8-A-1 shall, so far as may be, apply to\r\nthe revision of the amount of compensation under this section as they\r\napply to the determination of the amount of compensation under\r\nsection 8 as if such land had been requisitioned or continued to be\r\nsubject to requisition under this Act on the date with effect from which\r\nthe revision has to be made under sub-section (1).]\r\nThe State Government may.-\r\n(a) in cases in which no appeal lies, under sub-section (3) of section 8, or\r\n(b) in cases in which such appeal lies, but has not been filed within the\r\nperiod specified in the said sub-section (3), after the period for filling\r\nsuch appeal has expired.\r\nCall for the record of the inquiry or proceedings of the officer, who has given the\r\ndecision under sub-section (1) or (2) of the said section 8, for the purpose of satisfying\r\nitself as to the legality, propriety or regularity of such inquiry or proceedings, and may\r\npass such order thereon as it deems fit. Any order passed by the State Government\r\nunder this section shall be final.]\r\n25[8A. Where any premises are requisitioned or continued under requisition under this\r\nAct, the State Government may, subject to any agreement entered into by the\r\nappropriate Government with the landlord of the premises, whether such\r\npremises are requisitioned or continued under requisition either before or after\r\nthe coming into force of the Bombay Land Requisition (Amendment) Act, 1950,\r\nby order in writing direct him to execute such repairs as shall in its opinion be\r\nnecessary or sufficient to keep the premises in a good and tenantable condition\r\nand as may be specified in the order, within the time mentioned therein. If the\r\nland lord fails to execute such repairs the State Government may cause such\r\nrepair to be executed at the expense of the landlord and the cost thereof may,\r\nwithout prejudice to any other mode of recovery, be deducted from the\r\ncompensation payable to the landlord.]\r\n8AA. [Application of section 499 of Bom. III of 1888 to requisitioned premises.]\r\nDeleted by the Gujarat Adaptation of Laws (State and concurrent Subjects)\r\nOrder, 1960",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "8B",
            "title": "Section 8B. Vacation of requisitioned land and recovery of dues as arrear of land revenue.",
            "chapter": null,
            "content": "(1) Where the State Government has either before or after the coming into\r\nforce of the Bombay Land Requisition (Amendment) Act, 1950 allotted\r\nto any person any land requisitioned or continued under requisition\r\nunder this Act or where any person continues or is permitted to,\r\ncontinue to remain in occupation or possession of such land, the State\r\nGovernment may, notwithstanding anything contained in any law for\r\nthe time being in force, by order in writing direct the person to whom\r\nsuch land is allotted or the person who continues or is permitted to\r\ncontinue to remain in occupation or possession of such land or any\r\nother person for the time being in occupation of such land to vacate the\r\nsame within such period as may be specified in the order and deliver\r\npossession thereof to the officer authorized in this behalf by the State\r\nGovernment.\r\n(2) If any person to whom any such land is allotted by the State\r\nGovernment fails to pay to the State Government any sum which he is\r\nliable to pay under the terms and conditions subjects to which such land\r\nis allotted to him or if any person who continues or permitted to\r\ncontinue to remain in occupation or possession of such land fails to pay\r\nany amount of compensation which the State Government determines\r\nas the amount payable by him for such occupation or possession, such\r\nsum or amount due whether before or after the coming into force of\r\nthe Bombay Land Requisition (Amendment) Act, 1950 shall, without\r\nprejudice to any other mode of recovery, be recovered from him or any\r\nperson for the time being in occupation of the land as an arrear of land\r\nrevenue.\r\n(3) The allotment of any land to any person, or the continuance of any\r\nperson or the permission to any person to continue to remain in\r\noccupation of possession of any land, referred to in sub-section (1) shall\r\nbe deemed to be a license in favour of such person for the use and\r\noccupation of the said land.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "9",
            "title": "Section 9. Release from requisition.",
            "chapter": null,
            "content": "(1) the 27[State] Government may, at any time release from requisition any\r\nland requisitioned or continued to be subject to requisition under this\r\nAct.\r\n28[(1A) Notwithstanding anything contained in sub-section (1), the State\r\nGovernment shall release from requisition,–\r\n(a) any land requisitioned or continued to be subject to requisition\r\nunder this Act before the commencement of the Bombay Land\r\nRequisition (Gujarat Amendment) Act, 1980 on or before the\r\nexpiry of period of 29[thirteen years] from such commencement;\r\n(b) any land requisitioned under this Act after such commencement,\r\non or before the expiry of a period of 29[thirteen years] from the\r\ndate on which possession of such land was surrendered or\r\ndelivered to, or taken by, the State Government or any officer\r\nauthorized or empowered by the State Government.]\r\n(2) (a) Upon such release 30[under sub-section (1) or sub-section (1A)]\r\nthe land shall be restored as far as possible in the same condition\r\nin which it was on the date on which the 31[State] Government\r\nwas put in possession thereof, and the 31[State] Government\r\nshall pay compensation for deterioration, if any, caused to the\r\nland otherwise than by reasonable wear and tear or irresistible\r\nforce :\r\nProvided that nothing in this sub-section shall apply to any structures, trees or\r\ncrops standing on the land on the date on which the 31[State] Government took\r\npossession thereof and in respect of which compensation has been paid.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "9A",
            "title": "Section 9A. Notice to owner of land or p remises requisitioned or to be requisitioned to submit application for compensation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "9B",
            "title": "Section 9B. Officer to whom, manner in which and time within which application for compensation to be made.",
            "chapter": null,
            "content": "(1) Every application for the determination of payment of compensation\r\nshall be made to the officer authorised to determine compensation\r\nunder section 8, in such manner and in such form, and accompanied by\r\nsuch information, as may be prescribed.\r\n(2) Such application shall,—\r\n(a) in the case of a claim for compensation under sub-section (1) of\r\nsection 8, be made within three months from the date on which \r\n(b) in the case of arrears of compensation, where an order\r\ndetermining compensation direct that the amount of\r\ncompensation shall be paid at a future date or in installments or\r\nperiodically, be made within three months from the date on\r\nwhich the amount, installment or periodical payment, as the\r\ncase may be, becomes so payable;\r\n(c) in the case of a claim for compensation under clause (a) of subsection (2) of section 9, be made within three months from the\r\ndate on which possession was delivered under the said section.\r\n(3) The provisions of section 4 and 5, and of sub-section (1) of section 12, of\r\nthe Indian Limitation Act, 1908 shall mutatis mutandis apply in relation\r\nto applications for determination for payment of compensation under\r\nthis Act, as they apply in relation to applications described in the First\r\nSchedule to that Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "9C",
            "title": "Section 9C. If application for determination of compensation not made in time,compensation to be determined exparte.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "10",
            "title": "Section 10. Powers of inquiry.",
            "chapter": null,
            "content": "For the purposes of holding an inquiry under Section 8 the authorized officer\r\nshall have the same powers as are vested in civil courts in respect of –\r\n(a) Proof of facts by affidavits;–\r\n(b) Summoning and enforcing the attendance of any person and examine\r\nhim on oath;–\r\n(c) Compelling the production of documents; and\r\n(d) Issuing commissions for the examination of witness.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "11",
            "title": "Section 11. Power to take possession.",
            "chapter": null,
            "content": "(1) Any officer authorized in this behalf by the 33[State] Government by a\r\ngeneral or special order may take possession of any land in respect of\r\nwhich an order has been made under Section 5 or 6 34[or sub-section (1)\r\nof Section 8B] or subsection (7) of section 9 and may take or cause to be\r\ntaken such steps and use or cause to be used such force as may in the\r\nopinion of such officer, be reasonably necessary for taking possession of\r\nsuch land.\r\n(2) The 35*State+ Government may, after giving 15 days’ clear notice to the\r\nperson from whom possession of the land has been taken under sub\r\nsection (1) remove or cause to be removed or dispose of by public\r\nauction any property remaining on such land.\r\n(3) Where property is sold under sub-section (2) the sale proceeds shall\r\nafter deducting the expense of sale, be paid to such person or persons\r\nwho may appear to the 35[State] Government to be entitled to the same",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "12",
            "title": "Section 12. Power to obtain information.",
            "chapter": null,
            "content": "(1) Any officer authorized in this behalf by the 35[State] Government by a\r\ngeneral or special order may, with a view to carrying out the purposes\r\nof this Act, by order require any person to furnish to him such\r\ninformation in such person’s possession relating to any land which is\r\nrequisitioned or is continued under requisition or is intended to be\r\nrequisitioned or continued under requisition 36[under this Act].\r\n(2) Every person required to furnish such information as is referred to in\r\nsub section (1) shall be deemed to be legally bound to do so within the\r\nmeaning of sections 176 and 177 of the Indian Penal Code.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "13",
            "title": "Section 13. Publication and service of orders.",
            "chapter": null,
            "content": "(1) Every order made under section 5, 6, 7, 37[8A or 8B 38* * or ] sub-section\r\n(7) of section 9 or section 12 shall-\r\n(a) if it is an order of a general nature or affecting a class of persons,\r\nbe published in the manner prescribed by rules in this behalf ;\r\n(b) If it is an order affecting an individual corporation, or firm, be\r\nserved in the manner provided for the service of a summons in\r\nRule 2 of Order XXIX or Rules of Order XXX, as the case may be, in\r\nthe First Schedule of the Code of Civil Procedure, 1908;\r\n(c) if it is an order affecting an individual person other than a\r\ncorporation or firm, be served on the person-\r\n(i) personally, by delivering or tendering to him the order, or\r\n(ii) by post, or\r\n(iii) where the person cannot be found by leaving an\r\nauthentic copy of the order with some adult male\r\nmember of his family or by affixing such copy to some\r\nconspicuous part of the premises in which he is known to\r\nhave last resided or carried on business or worked for\r\ngain.\r\n(2) Where a question arises whether a person was duly informed of an\r\norder made in pursuance of section 5, 6, 7, 37[8A or 8B 38 * * or], subsection (7) of a section 9 or section 12 compliance with the\r\nrequirements of sub-section (1) shall be conclusive proof that he was so\r\ninformed ; but failure to comply with the said requirements shall not\r\npreclude proof by other means that he was so informed or affect the\r\nvalidity of the order.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "14",
            "title": "Section 14. Power to enter and inspect land.",
            "chapter": null,
            "content": "Without prejudice to any powers otherwise conferred by this Act, any officers or\r\nperson empowered in this behalf by the 39[State] Government, by general or\r\nspecial order may enter and inspect any land for the purpose of determining\r\nwhether, and if so, in what manner, and order under this Act should be made in\r\nrelation to such land, or with a view to securing compliance with any order\r\nmade under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "15",
            "title": "Section 15. Delegation of functions.",
            "chapter": null,
            "content": "The 39[State] Government may, by order notified in the Official Gazette, direct\r\nthat any power conferred or any duty imposed on it by this Act shall, in such\r\ncircumstances 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\r\nthe 39[State] Government below the rank of a Collector, as may be so specified. ",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "16",
            "title": "Section 16. Exemption.",
            "chapter": null,
            "content": "The 39[State] Government may by rule exempt any land from the provisions of\r\nsection 5 or 6 or both on such terms and conditions as may be specified in the\r\nsaid rules.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "17",
            "title": "Section 17. Protection of action taken under Act.",
            "chapter": null,
            "content": "(1) No suit, prosecution or other legal, proceeding shall lie against any\r\nperson for anything in good faith done or intended to be done under\r\nthis Act or any order made there under.\r\n(2) Save as otherwise expressly provided under this Act no suit or other\r\nlegal proceeding shall lie against the 39[State] Government for any\r\ndamage caused or likely to the caused by anything in good faith done or\r\nintended to be done under this Act, or any order made there under.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "18",
            "title": "Section 18. Officers to be deemed public servants.",
            "chapter": null,
            "content": "Every officer authorized or empowered by the 39[State] Government to exercise\r\nany power or to perform any duty under this Act shall be deemed to be a public\r\nservant within the meaning of section 21 of the Indian Penal Code.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "19",
            "title": "Section 19. Power to make rules.",
            "chapter": null,
            "content": "(1) The 39[State] Government may, by notification in the Official Gazette\r\nmake rules to carry into effect the purposes of this Act.\r\n(2) In particular and without prejudice to the generality of the foregoing\r\npower, such rules may provide for –\r\n(i) the form in which intimation shall be given under sub-section(1)\r\nof section 6;\r\n(ii) the manner for holding an inquiry under sub-section (1), and the\r\namount of compensation to be prescribed under sub-section (3)\r\nof section 8 ;\r\n40[(ii-a the manner and form in which applications for determination of\r\npayment of compensation shall be made; and the information\r\nrequired to accompany such applications, under section 9B;]\r\n(iii) levy of court-fees in respect of appeals under section 8 and 9;\r\n(iv) exemption of any land from the provisions of section 5 or 6 or\r\nboth and the terms and conditions on which the land shall be\r\nexempted ;\r\n(v) any other matter which under this Act is to be or may be\r\nprescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "20",
            "title": "Section 20. Repeal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "20A",
            "title": "Section 20A. Repeal of C. P. and Berar LXIII of 1948 and saving.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "20B",
            "title": "Section 20B. Other laws relating to acquisition and requisitioning of property to continue.",
            "chapter": null,
            "content": "For removal of doubt, it is hereby declared that the provisions of this Act shall\r\nbe in addition to and not in derogation of the provisions of the Bombay\r\nRequisitioned Property (Continuance of Powers ) (Saurashtra Area) Act, 1958 or\r\nof any law relating to acquisition or requisitioning of property for the time being\r\nin force in the 43[State of Gujarat ] or any part thereof.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "21",
            "title": "Section 21. Validation of requisition orders.",
            "chapter": null,
            "content": "(1) Notwithstanding anything contained in this Act, or a judgment, decree\r\nor order of a Court, if any order for requisition made under section 5, 6\r\nor 7 on or after the 26th January 1950 and before the commencement of\r\nthe Bombay Land Requisition (Amendment) Act, 1951, has not specified\r\nthe purpose for which such requisition was made, but if such order for\r\nrequisition was in fact made for the purpose of the State or any other\r\npublic purpose, such order shall not be deemed to be or ever to have\r\nbeen invalid, not shall such order be called in question in any court\r\nmerely on the ground that the order has not specified the purpose for\r\nwhich the requisition was made.\r\n(2) Nothing contained in this section shall -\r\n(a) affect the judgment, decree or order of any competent court\r\npassed before the 31st August 1951 holding any such order\r\ninvalid on the ground specified in sub-section (1), or.\r\n(b) preclude any Court from requiring the State Government or the\r\nOfficer who made such order for requisition to produce before it\r\nevidence to show that the order for requisition was in fact made\r\nfor the purpose of the State or any other public purpose.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "22",
            "title": "Section 22. Certain order not to be invalid on ground of absence of declaration.",
            "chapter": null,
            "content": "(1) Notwithstanding anything contained in this Act or a judgment, decree or\r\norder of a Court, an order made or purporting to have been made under\r\nsection 6 before the commencement of the Bombay Land Requisition\r\n(Amendment) Act, 1955, shall not be deemed to be or to have ever\r\nbeen invalid merely on the ground that such order did not contain a\r\ndeclaration, whether express or implied that the premises requisitioned\r\nwere 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\r\ncalled in question in any Court merely on the ground aforesaid.\r\n(2) Nothing contained in this section shall affect the judgment, decree or\r\norder of any competent court passed before the 19th January 1955,\r\nholding any such order invalid on the ground specified in sub-section\r\n(1).]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "23",
            "title": "Section 23. Saving.",
            "chapter": null,
            "content": "Nothing in this Act shall apply to any premises to which the Requisitioning and\r\nAcquisition of Immoveable Property Act, 1952, applies.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        }
    ],
    "metadata": {
        "Act ID": "194833",
        "Act Number": "33",
        "Enactment Date": "1948-04-11",
        "Act Year": "1948",
        "Short Title": "The Gujarat Land Requisition Act, 1948",
        "Department": "Revenue Department",
        "Type": "STATE",
        "Location": "Gujarat"
    },
    "updated_at": "2026-09-29 21:52:47"
}