The Land Acquisition (Amendment and Validation) Act, 1967

The Land Acquisition (Amendment and Validation) Act, 1967, aimed to validate certain land acquisitions and amend the Land Acquisition Act, 1894. This article provides a summary of its key provisions and impact.

Ministry of Rural Development

The Land Acquisition (Amendment and Validation) Act, 1967, is a significant piece of legislation that was enacted to address certain issues and validate specific actions taken under the Land Acquisition Act, 1894. This Act primarily focused on validating acquisitions of land that had been made or initiated before the commencement of the Land Acquisition (Amendment and Validation) Ordinance, 1967. It also introduced amendments to certain sections of the principal Act. The Act was a response to legal challenges and aimed to ensure the smooth continuation of land acquisition processes for public purposes.

Act Background and Ministry:
The Land Acquisition (Amendment and Validation) Act, 1967, was enacted by the Parliament of India. The act was passed to amend and validate certain acquisitions under the Land Acquisition Act, 1894. The subject matter of the Act would fall under the domain of the Ministry of Rural Development or equivalent ministry dealing with land acquisition and management in the central and state governments of India.

Enactment Date, Number of Chapters, Number of Sections:
The Act received the assent of the President on April 12, 1967. It is structured into 5 sections. There are no formal chapters in this act, but the sections are grouped logically by subject matter.

Act Governed By:
The Act is governed by the provisions of the Land Acquisition Act, 1894, as amended by this Act. The implementation of the Act involves various authorities, including Collectors, Revenue Officers, and Courts. The Financial Commissioner also has a role in setting up the rules and regulations under the Act.

On Whom it is Applicable:
The Act is applicable to all land acquisition proceedings initiated or completed under the Land Acquisition Act, 1894, before the commencement of the Land Acquisition (Amendment and Validation) Ordinance, 1967. It impacts landowners, government authorities, and other parties involved in these acquisitions.

Penalties/Punishments:
The Act does not specify penalties or punishments in the traditional sense. Instead, it focuses on validating certain past actions and ensuring that such actions are not deemed invalid due to procedural irregularities. However, it does stipulate the payment of simple interest in cases where there has been a delay in making a declaration under section 6 of the principal Act.

Important Pointers:

  • Validation of Acquisitions: The Act validates certain acquisitions made or initiated before the commencement of the Land Acquisition (Amendment and Validation) Ordinance, 1967.

  • Procedural Irregularities: The Act addresses procedural irregularities, such as multiple Collectors performing functions under the Act, multiple reports under section 5A, and multiple declarations under section 6.

  • Time Limit for Declarations: The Act sets a time limit of two years from the commencement of the Ordinance for making declarations under section 6 of the principal Act.

  • Interest on Delayed Declarations: The Act provides for the payment of simple interest at a rate of six percent per annum on the market value of land where a declaration is made after three years from the date of notification.

  • Repeal of Ordinance: The Act repeals the Land Acquisition (Amendment and Validation) Ordinance, 1967, but saves any actions taken under that Ordinance.

  • Retrospective Effect: The Act has a retrospective effect, validating actions taken under the principal Act as if this Act had come into force on January 20, 1967.

Act Copy:

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