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| - Adaptation of the Travancore-cochin Land Acquisition Laws Order 1952 in Constitution of India, 1950

snapp | COI 1950 0 Notes

Adaptation of the Travancore-cochin Land Acquisition Laws Order 1952.

C. O. 45

Dated the 20th November, 1952

THE ADAPTATION OF THE TRAVANCORE-COCHIN LAND ACQUISITION LAWS ORDER, 1952

Whereas by clause (2). of article 372 of the Constitution of India(hereinafter referred to as the Constitution), the President is empowered by Order to make such adaptations and modifications of anylaw in force in the territory of India whether by way of repeal oramendment as may be necessary or expedient for the purposes ofbringing the provisions of such a law into accord with the provisionsof the Constitution and to provide that the law shall, as from, suchdate as may be specified in the Order, have effect subject to theadaptations and modifications so made ;

Now, therefore, in exercise of the powers conferred by the Constitution and of all other powers enabling him in that behalf the President is pleased to make the following Order, namely :--

1. (1) This Order may be called the Adaptation of the Travancore-Cochin Land Acquisition Laws Order, 1952.

(2) It shall come into force on the 20th day of November, 1952.

2. Notwithstanding anything contained in the Adaptation of Laws Order, 19501, the State Acts mentioned in the Schedule to this Order shall until repealed or amended by a competent legislature or; other competent authority have effect subject to the adaptations and modifications directed by the said Schedule.

THE SCHEDULE

The Land Acquisition Act

(Cochin Act II of 1070)

Throughout the Act except as otherwise directed,, (i) for "the Diwan" substitute "the Government", and (ii) for "the Sirkar" substitute "the Government".

Section 2.

After clause (a), insert a. new clause (a),--

"(aa) The expression "Government" means, in relation to the acquisition of land for the purposes of the Union the Central Government, and, in relation to acquisition of land for any other purposes the State Government." ;

In clause (c), omit "with the sanction of His Highness the Maharaja".

Section 37.

In sub-section (1), omit "Subject to such rules as His Highness the Maharaja may, from time to time, prescribe, in this behalf".

Section 38.

For "His Highness the Maharaja" substitute "the government".

Section 40.

Omit "Subject to such rules as His Highness the Maharaja' may, from time to time, prescribe in this behalf".

Section 54.

In sub-section (1), omit "with the sanction of His Highness the Maharaja"; and in sub-section (3), omit "when sanctioned by His Highness the Maharaja".

The Land Acquisition Act

(Travancore Act XI of 1089)

Section 3.

After clause (d), insert a new clause (e),--

"(e) The expression ' the Government' means in relation to the acquisition of land for the purposes of the Union the Central Government and in relation to the acquisition of land for any other purposes the State Government."

Section 6.

In sub-section (1), for "the Chief Secretary" substitute "a Secretary".

Section 20.

For clause (c), substitute--

"(c) If the objection is in regard to the area of the land or to. the amount of the compensation, the Division Peishkar".

Section 41.

For "our Government" substitute "the Government."

_________________________

1. C. O. 4.

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