Amendment of section 52, Rajasthan Act 35 of 1959

§3

Summary

In section 52 of the principal Act- (1) in sub-section (1) after the words ’representation from the Trust’ the words ’or otherwise’ shall be inserted: (2) in sub-section (2) after the words ’not be acquired’, the following words shall be added, namely:- "Such notice shall be individually served upon the owner of the land and any other person who in the opinion of the State Government may be interested therein. It shall also be published in the Official Gazette atleast 30 days in advance and shall be pasted on some conspicuous place in the locality, where the land to be acquired is situate. Such publication and pasting of notice shall be deemed as sufficient and proper service of notice upon the owner of the land and upon all other persons who may be interested therein;" (3) for sub-section (3), the following sub-section shall be substituted, namely:- "(3) Within the time specified in the notice, the owner of the land or any other person interested therein may show cause and make objections, why the land should not be acquired. Every such objection to the notice given under sub-section (2) shall be made in writing the Officer-on-Special Duty, or any other officer appointed by the State Government for the purpose. Such officer shall given the objector an opportunity of being heard, either in person or by pleader, and after hearing all such objections and after making such enquiry as he deems necessary, shall submit the case for the decision of the State Government together with the record of the proceedings held by him and a report containing his recommendations on the objections. Thereafter, the State Government may pass such order as it deems fit. The decision of the Government thereon shall be final"; (4) for sub-section (7), the following sub-section shall be substituted, namely:- "(7) After the land has been acquired and its possession taken, the State Government shall, on payment of the amount of compensation as determined under section 53, the amount of interest thereon and of all other charges incurred by the State Government in this connection, transfer it to the Trust to any other prescribed authority or department for the purpose for which it is acquired"; (5) after sub-section (7), the following new sub-section (8) shall be added, namely:- "(8) Any notice issued or published by the State Government under this section may also be issued or published for and on behalf of it by any officer subordinate to it, so authorised".

In section 52 of the principal Act- (1) in sub-section (1) after the words ’representation from the Trust’ the words ’or otherwise’ shall be inserted: (2) in sub-section (2) after the words ’not be acquired’, the following words shall be added, namely:- "Such notice shall be individually served upon the owner of the land and any other person who in the opinion of the State Government may be interested therein. It shall also be published in the Official Gazette atleast 30 days in advance and shall be pasted on some conspicuous place in the locality, where the land to be acquired is situate. Such publication and pasting of notice shall be deemed as sufficient and proper service of notice upon the owner of the land and upon all other persons who may be interested therein;" (3) for sub-section (3), the following sub-section shall be substituted, namely:- "(3) Within the time specified in the notice, the owner of the land or any other person interested therein may show cause and make objections, why the land should not be acquired. Every such objection to the notice given under sub-section (2) shall be made in writing the Officer-on-Special Duty, or any other officer appointed by the State Government for the purpose. Such officer shall given the objector an opportunity of being heard, either in person or by pleader, and after hearing all such objections and after making such enquiry as he deems necessary, shall submit the case for the decision of the State Government together with the record of the proceedings held by him and a report containing his recommendations on the objections. Thereafter, the State Government may pass such order as it deems fit. The decision of the Government thereon shall be final"; (4) for sub-section (7), the following sub-section shall be substituted, namely:- "(7) After the land has been acquired and its possession taken, the State Government shall, on payment of the amount of compensation as determined under section 53, the amount of interest thereon and of all other charges incurred by the State Government in this connection, transfer it to the Trust to any other prescribed authority or department for the purpose for which it is acquired"; (5) after sub-section (7), the following new sub-section (8) shall be added, namely:- "(8) Any notice issued or published by the State Government under this section may also be issued or published for and on behalf of it by any officer subordinate to it, so authorised".

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