THE ORISSA REQUISITIONING AND ACQUISITION OF IMMOVABLE PROPERTY ACT, 1962

126 ORISSA ACf 20~0F 1962 THE ORISSA REQUISITIONl"1G AND ACQUIS1TION OF IMMOVAlL E PROPERTY ACT, 1962 [ Received the assent of the President on ihe 26th September 1962, first pub/isled in an cxt1aordi1.ary issue of the Orissa Gazette, dated 1lte 28th September 1962] AN ACT TO PROVIDE FOR THE REQUISITIONING AND ACQUISITION OF IMMOVABLE PROPERTY FOR PUBLIC PURPOSES BE it enacted by the Legislature of the State of Orissa in the Thirteenth Year of the Republic of 1 nd ia as follows:- Short title, 1. (1) This Act may be called the Orissa R .quis!tioni1.g and extent. com· Acqui'lition of Immovable Property Act, 196'.'!. mencement and duration. D cfinitiona (2) It extends to the whole of the State of Orissa. (3) It shall come into force at once, (4) It shall cease to have effect on the expi1y of three years from the date of its commencement except as respects things done or omitted to be done before such cesser and section S of the Orissa General Clauses Act, 1937, shall apply upon such cesser, as if it had then been repealed by an Orissa Act. 2. In this Act unless the context ~ therwise requires- (a) "award" means any award of <in arbitrator made under section 8 ; (b) "competent authority" means any person or authority not below the rank of a Deputy Collector authorised by the State Goverriment, by notification to perform the functions cf the competent authority under this Act for such area or areas as may be specified in the notification ; (c) •·landlord" means any p.:rson who for the time being is receiving, or is entitled to receive, the rent of any premises, whether on hi~ 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 entitkd to receive the rent if the premises w~re let to a tenant; (d) the expre~sion "person intereste~" .in relation to any property, mcludes all persons claurnng, or enLtled to claim, an interest in the compensation payable on account of the requisitioning or acquisition of that property under this Act ; Orissa A' t I or 1937. :-=---:-----::---~-:--~~~~~ -For Statement of Objects and Reasons see Orissa Gazette, extraordinary, dated the 23rd Augu • Power to requisition inimovabk Prt'perty. 127 (e) "prcmifes'' means any building or part of a buildin1 and includes- (i) the garden, grounds and outhouses, if any. apper­ taining 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; (/) "prescribed" mean1 prescribed under this Act ; by rules made (g) •·proi:erty" means immovable property of every kind and includes any rights in or over such property; an<l (h) "tenant" mean• any perrnn 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. (I} Where the competent authonty is of opinion that any property is needed or likely to be needed for any public purpose and that the property shonld be requisitioned, the competent authority- {a) shall call upon the owner or any other person who may be in posse,,sion of ~he pro~rty 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 (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 satdied 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 128 (b) which is exclusively used either for religious worship by the public or as a school, hospital, public library or nn orphanage or for the purpose of accommodathn 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 Jess than three months immediately preceding the date of the service of notice under sub-section (l ), the competent authority shall provide such tenant with alternative accommoda­ tion which. in its opinion, is suitable. Power to 4. (I) Where any property has been requisitioned under ~e possesf ·section 3, the competent authority may, by notice in writing, order s1on o re- h II th h h . . quisitioned t e owner as we as any o er person w o may e ID possession property. 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 f\S may be deemed reasonable. Jligb_ts . . over 5. ( I) All property requisitioned under section 3 shall be used reqwsiuoned for such purposes as may be mentioned in the notice of propertv. . .t. · requ1S1 ion. (2) Where any premi es are requisitioned under section 3, the competent authori ty may order the landlord to execute such repairs as may be necessary and are usually m:ide by landlords in that loc<1.liLy and as m::.y be specified in the notice, within such reasonable time as may be mentioned therein, ancl if the landlord fails to execute a Jy repairs in pursuance of such order, the competent authority may cause the repairs specifi1..d 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. Release from 6. (1) The State Government ma v at any time release from requisition- requisition any property requisitioned under this Act ina. and shall, as far as possible, restore the property in as good a condition as it was when possession thereof was taken subje.;: t only to the changes caused by reasonable wear and tear anct irresistible force : Provided that where the purposes for which any requisitioned property w::i.s being used ct-ase to exist, the State Government., shall unless the property is acquired under section 7, release that 'property, as soon as may be, from requisition. 129 (2) Where any property is to be released from requisition, the competent authority may, after such enquiry, if any, as it may in any case consider necessary to make or cause to t;>e made, specify by order in writing the person to whom possession of the property shalt 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 State 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 ac:cept 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 Gazette. (5) When a notice referred to in sub-section (4) is published in the 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 State Government shall not be liable for any compensation or ot.her 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 State Government, be void: Provided that the benefit of this sub-section shall not be available to the State Government where the injury to such property is caused by any wrongful act or default of that Government. P t 7, (1) Where any property is subject to requisition, the State owcr o "f h f · · h · · acquire Government may, i t ey are o. opm1on t at 1t 1s f!ecessary to requisitioned acquire the property for a pubhc purpose, at any time acquire property such proper•y by publishing in the Gazette a notice to the effect that the State Government have decided to acquire the property in pursuance of this section : 130 Provided that before issuing such notice. the State Govern· ment shall call upon the owner of, and any other person who, in the opinion of the State 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 oppor .. tunity of being heard, the State Government may pass such orders as they deem fit. (2) When a notice as aforesaid is published in the Gazette· the requisitioned property shall, on and from th~ beginning of the day on which the notice is so published, vest absolutely in the State Government free from all en.,cumbrance, and the period of requisition of such property sh:· II end. (3) No property shall be acquired under Lhis section except ·n the following circumstances, namely :- (a) where any works have, during the period of requisi· tion, been coostrucled on, in or over, the property wholly or partially at the expense of the State Government and the Government decide that the value of, or the right to use, such works should be secured or preserved for the purposes of Govern­ ment; or (b) where the cost of restoring the property to its condis tion at the time of its requisition would, in the opinion of the State 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 of the State 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. Princi p 1e 1 8. (1) Where any property is requisitioned or acquired and method under this Act there shall be paid comper:sation the amount of determin· of which shall be determined in the manner and in accordance ing. compen- with the principles hereinafter set out, that is to say- 1at1on. (a) where the amount of compensation can be fixed by agreement it shall be paid in accordance with such agreerr.ent ; J) where no such agreement can be reached, the State Government shall appoint as arbitrator a person who is, or has been, or is qualified for appointment as a District Judge ; .. 131 ( c) the State Government may, in any particular case, nominate a person having expert knowledge as to the nature of the property requis!tioned or acquired to assist the arbitrator and where such nomination is made, the person to be compensrted may also nominate an assessor for the same purpose ; (d) at the commencement of tbc proceedings before the arbitrator, the State Government and the person to be compensated shall state v. hat in their respective opinion is a fair amount of compensation ; (e) the arbitrator shall, after hearing thr;: dispute, make an award determining the amount of comi:cmation which appea1s to him to be just and specifying the person or persons to who111 !> uch compensatic n shall be paid ; and in making the award, he shall have regard to the circumstances of each cnse and the provisions of sub-sections (2) and (3), so far as they are applicable ; (f) where there is ar.y disrute as to the pc1 sGn or persor.s who are entitled to the compensation, the arbitrator shall decide suet dispute and if the arbitrator finds that more persons tl:an one are entitled to compensa­ tion, he shall apportion the amount thereof amonBst such persons; und (g) notbing in the Arbitration Act, 1940 shall npply to :o cf 1940 arbitrations under this section. (2) The amount of compensation payable for the requisition­ ing of any property shall consist of:- (a) a recurring payment, in respect of the period of requisi­ tion, of a sum equal to the rent which would have been payable for the use and occupation of the pro­ perty, if it had been taken on lease for that period ; and (b) such sum or sums, if any, as may be found neccssarv 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 vnca:ing th'.! requisitioned premises ; (lit) 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 ~ incurred for restoring the property to the condition in which i Was at the time of requisition. l'aym1;:n t cl compensa­ tion. 132 (::) The compensation payable for the acquisition of any property under section 7 shall be- (c.) the price which the requisitioned prop::rty 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 or acquisition, or (b) twice the price which the requisitioned prope1 ty would have fetched in the open market if it had been sold OD the date or requisition, whichever is Jess. 9. 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 ~uch manner and within such time as may be specified in the award. Appeals fr_om 10. (1) Any person aggrieved by an order of requisition ordei:s. 1 .ot made by the competent authority under sub-section (2) of requ1s1 100- . 3 · h' d f' h d f · ing. section may wit tn twenty-one ays rom t e ate o service of the order, prefer an appeal to the State Government : Provided that the State Government may entertain the appea l after the expiry of the said period oft wenty-one days, if they are ;;atisficd that the appellant was prevented by sufficient caus-= from filing the appeal in time. (2) On receipt of an appeal under sub-section (1), the State Government may, after calling for a report f1om the competent authority and giving an opportuni y to ti e parties of being heard and after making such further inquiry, if any, as may be necessary, pass such orders as th.:y think fit and the order of the State Government shall be final. (3) Wliere an appeal is preferred under sub-scc1ion (l), the State Governme1.t may stay the enforcement of the order of the competent authority for such period and on such condi1ions as they think fit. Appeals from 11. Any person aggrieved by an award of the arbilrato1 made a wards in under section 8 may, within thirty days from th'! date of such res;>ect of award, prefer an appeal to the High Court : compensa- tion. Competent authority and arbitra­ tor to have certain power~ o f Civil Court. 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. The competent authority and the arbitrn:or appointed under s.:c tion 8, while holding an inqui1y or, as the case may be arbitration proceedings under this Act shall have all th~ powers of a Civil Court, while trying a suit, under t.he Code or Civil Procedure, 1908, in respect of the followings of 1908 matters, namely :- {a) summoning and enforcing the attendance of any person and examining him on oath ; I 133 (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. Power to 13. The State Government or the competent authority may, obtain with a view to carrying out the purposes of section 3 or section 6 information. 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. Power to enter and inspect. 14. 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 determining whether, and if so, in \\hat manner, an order under this Act should be made in relation to such property or with a view to 8ecuring compliance with an order made under this Act. service of 15. (1) Subject to the provisions of this section and any rules notice and that may be made under this Act every notice or order ord•ra. 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 Gazette ; and (T,) in the case o: 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 ; and 5of1908 (c) in the case of any notice or order affecting an indivi· dual person ( not being a corporation or firm ), be served on such person- (i) by delivering or tendering it to that person ; or (it j 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 &ain; or failing service by these means ; (lit) 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 publishin1 it in the Gazette and by affixing a copy thereof on any conspicuous part of the prope1 ty to which it relale1 and by proclamation by beat of drum. Buemcnt not to bo disturbed• Delegation of powe~. 134 16. 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, wilful.y 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. (1) The State Government may, by notification in the Gazette, direct that the powers exercisable by them by or 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. (2) All notifications issued under sub-section (1) shall be laid, as soon as may be, before the Orissa Legislative Assembly. Protection or 18. (1) No suit, proi:ecution or other legal proceeding shall action tak~n lie against any person for anything which is in good faith done or in aood faith. 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 State Government or the competent aurhority for any damage caused or likely t11 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. Bar of juris- 19. Save as otherwise expressly provided in this Act, no dirction of Civil Court shall have jurisdiction ID respect of any matter which Civil Courts. 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. Penidty for 20. Whoever contravenes any provision of this Act, or offences. 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. Certain per- 21. The competent authority, every arbitrator and every eons. to be officer empowered by the State Government or the competent pubhc authority while exefcising any power or performing any duty servants. under thi> Act, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. 45 ofl HG Power to 22. (1) The State Government may, by notification in the make rules. 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 proceee d~gs and appeals under this Act; 135 (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 ; and (f) any other matter which has to be, or may be, prescribed. (3) All rules made under the provisions of this Act• shatl be laid, as soon as possible after they arc made, before the Orissa Legislative Assembly for a total period of fourteen days which may be comprised in one or more sessions and shall be subject to such modifications as the Assembly may make during the said period. Va11d_ation or 23. All immovable property which have been or which certaU:tt are deemed to have been requisitioned or acquired by the ~ ons State Government for any public purpose, being a purpose acquisitions. of the State of Orissa under the Orissa Requisitioning and Acquisition of Immovable Property Act, 1952, and which Oriua Act r -r' immediately before the commencement of this Act, was l9 of 19' • · used or occupied by the State Government or by an officer • or authority subordinate to that Government shall be deemed· to be property duty requisitioned or acquired under this Act, and every such requisition or acquisition shall. not\\ithstanding the expiry of the said Act, be deemed always to have been valid as if this Act had been in force on and from the date of the requisition or acquisition and the requisition or acquisition had been 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 commencement of this Act and in force immediately before that date, and all pending arbitration proceedings 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. Jlepeal and 24. (1) The Orissa Requisitioning and Acquisition of Orfssa Savinp. Immovable Property Ordinance, 1962, is hereby repealed. Ordinanoo Power to remove dillkultia. No. 3 Of (2) Notwithstanding such repeat anything done. any 1962. action taken, any rules made or any notification issued in exercise of any power conferred by or under the said Ordinance shall be deemed to have been done, taken, made or issued in exercise of the powers conferred by or under this Act as if this Act was in force on the day on which such thing was done or action was taken. 25. If any doubt or difficulty arises in giving effect to thti provisions of this Act, the State Government may, as occasion-may require, by order, do anything which appears to them neceagry for the p11rp06es of removing the doubt « difilculty.