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The land Acquisition (Maharashtra Extension and Amendment) Act, 1964
Maharashtra Act No. 38 of 1964
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Object & Reasons6 |
(a) in section 1 of the principal Act,-
(i) in sub-section (2), after the words and letter "comprised in Part B States" the words, "other than the Hyderabad area of the State of Maharashtra" shall be inserted;
(ii) in sub-section (3), after the figures "1894", the words, brackets and figures, "but in the Hyderabad area of the State of Maharashtra it shall come into force on such day as is appointed under sub-section (3) of section 1 of the Land Acquisition (Maharashtra Extension and Amendment) Act, 1964" shall be added;
(b) the Land Acquisition Act as in force in the Hyderabad area of the State shall stand repealed;
(c) the Land Acquisition (Bombay Amendment) Act, 1960, shall stand repealed;
(d) (i) the amendment made in sections 28 and 34 of the principal Act, in its application to the Vidarbha region of the State, by the Central Provinces and Berar Land Acquisition (Amendment) Act, 1939;
(ii) the amendments made in sections 3 and 18 of the principal Act, in its application to the Vidarbha region of the State, by the Central Provinces and Berar Land Acquisition (Amendment) Act, 1949; and
(iii) the amendment made in section 17 of the principal Act, in its application to the Vidarbha region of the State, by the Central Provinces and Berar Land Acquisition (Second Amendment) Act, 1949;
shall cease to have effect, and shall stand repealed;(e) the amendments made in sections 28 and 34 of the principal Act by the Land Acquisition (Bombay Amendment) Act, 1938, and in force in the Bombay area of the State, shall be in force in the rest of the State;
(f) the amendments made to the principal Act by -
(i) sections 2 to 4 (both inclusive) of the Land Acquisition (Bombay Amendment) Act, 1945,
(ii) section 6 of the Bombay Land Acquisition Officers Proceedings Validation Act, 1949,
(iii) section 2 of the Land Acquisition (Bombay Amendment) Act, 1950,
(iv) sections 2 to 11 (both inclusive) of the Land Acquisition (Bombay Amendment) Act, 1953,
(v) section 2 of the Land Acquisition (Bombay Amendment) Act, 1958, and
(vi) the notifications issued by the State Government under sub-section (4) of section 3 of the Bombay Commissioners of Divisions Act, 1957, for amending the principal Act in its application to the Bombay area of the State;
shall extend and be in force throughout the State. 3. Amendments of sections 3 and 18 of Act I of 1894 as extended. - In the principal Act so extended and brought into force throughout the State of Maharashtra,-(a) in section 3, in clause (d), for the words "the expression 'Court' means" the following shall be substituted namely:-"the expression 'Court' [except in sub-section (3) of section 18] means";
(b) to section 18, the following sub-section shall be added at the end, namely :-
"(3) Any order made by the Collector on an application under this section shall be subject to revision by the High Court, as if the Collector were a Court subordinate to the High Court within the meaning of section 115 of the Code of Civil Procedure, 1908."
4. Savings. - The repeal, by clause (b) of section 2 of this Act, of the Land Acquisition Act prevailing in the Hyderabad area of the State of Maharashtra shall not affect -(a) the previous operation of the Act so repealed;
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed;
(c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation or liability as aforesaid;
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced as if this Act had not been passed : Provided that, subject to the foregoing provision in this section, anything done or any action taken (including any appointment, authorisation or delegation made, notice, notification, direction or order issued, survey, declaration or award made, enquiry held, agreement executed or published or possession taken, but excluding any rule framed) under the provisions of the repealed Act shall, in so far as it is not inconsistent with the provisions of the principal Act as extended and amended by this Act (hereinafter referred to as "the said Act"), be deemed to have been done or taken under the corresponding provisions of the said Act and shall continue in force, unless and until it is superseded by anything done or any action taken under the said Act.
