LAND ACQUISITION (ANDHRA PRADESH AMENDMENT) ACT, 1976

22 of 1976

The following Act of the Andhra Pradesh Legislature which was reserved by the Governor on the 24th February, 1976 for the consideration and assent of the President received the assent of the President on the 9th March, 1976 and the said assent is hereby first published on 9th March, 1976 in the Andhra Pradesh Gazette for general information : An Act further to amend the Land Acquisition Act, 1894 in its application to the State of Andhra Pradesh. Be it enacted by the Legislature of the State of Andhra Pradesh in the Twenty seventh Year of the Republic of India as follows:

Section 1 Short title, extent and commencement

(1) This Act may be called the Land Acquisition (Andhra Pradesh Amendment) Act, 1976.

(2) It extends to the whole of the State of Andhra Pradesh.

(3) It shall be deemed to have come into force on the 12th September, 1975.

Section 2 Insertion of new Section 3 A in Central Act I of 1894

After Section 3 of the Land Acquisition Act, 1984 (hereinafter referred to as the principal Act), the following section shall be inserted, namely:

Section 3A Delegation of functions

The State Government may, by notification in the Andhra Pradesh Gazette, direct that any power conferred or any duty imposed on them by this Act, shall in such circumstances and under such conditions, if any, as may be specified in the notification, be exercised or discharged by the District Collector".

Section 3 Modification of Land Acquisition Act, 1894

For the purpose of acquisition of land for the construction, extension or improvement of any dwelling house for the poor, the principal Act shall have effect in relation to such acquisition subject to the following modifications, namely:

(1) in Section 4,

(a) in sub section (1), after the words "appropriate Government", the words "or the District Collector" and after the words "Official Gazette", the words "or the District Gazette" shall be inserted;

(b) in sub section (2), after the words "such Government", the words "or the District Collector" shall be inserted;

(2) in Section 6,

(a) for sub section (1), the following sub section shall be susbtituted, namely : "(1) Where the appropriate Government or the District Collector is satisfied that any particular land is needed for the purpose of construction, extension or improvement of any dwelling house for the poor, a declaration shall be made to that effect under signature of a Secretary to such Government or any other officer duly authorised to certify their orders or the District Collector as the case may be and different declarations may be made, from time to time in respect of different parcels of lands covered by the same notification under Section 4, sub section (1):

Provided that no such declaration shall be made unless the compensation to be awarded for such property is to be paid wholly or partly out of public revenues or some fund controlled or managed by a local authority".

(b) in sub section (2), after the words "Official Gazette" the words "or the District Gazette" shall be inserted;

` (c) in sub section (3),

(i) for the words "for a public purpose or for a company, as the case may be", the expression "for the public purpose specified in sub section (1)" shall be substituted;

(ii) after the words "appropriate Government", the words "or the District Collector" shall be inserted;

(3) in Section 17,

(a) in sub section (1), for the words "the appropriate Government", the words "the appropriate Government or the District Collector,as the case may be"shall be substituted;

(b) in sub section (2), in clause (b), for the words "the appropriate Government", the words "the appropriate Government or the District Collector, as the case may be" shall be submitted;

(4) in Section 31,

(a) in sub section (1), after the words "and shall pay it to them" the words "in a lumpsum in a case where it does not exceed five hundred rupees and in all other cases in such number of equal annual instalments not exceeding five as may be determined by the Collector" shall be inserted;

(b) to sub section (1), the following provisos shall be added, namely: "Provided that where the compensation is sought to be paid in instalments, the Collector shall pay instalments of the amount awarded with interest thereon at six per cent per annum from the time of taking possession of the land until the last instalment is paid:

Provided further that where possession of land is taken but the compensation awarded is not paid or deposited before the date of commencement of the Land Acquisition (Andhra Pradesh Amendment) Act, 1976, the provisions of this section shall apply in relation to the payment of compensation as if the acquisition proceedings have been started after the date of commencement of the said Act."

Section 4 Repeal of Ordinance 12 of 1975

The Land Acquisition (Andhra Pradesh Amendment) Ordinance, 1975, is hereby repealed.