Section 40 Previous enquiry, Section 41 Agreement with appropriate, Section 42 Government Publication of agreement - Land Acquisition Act 1894
What is Previous enquiry? Agreement with appropriate Government, Is Publication of agreement necessary? Section 40, 41 and 42 of Land Acquisition Act 1894
Previous enquiry, Agreement with appropriate Government and Publication of agreement are defined under section 40, 41 and 42 of Land Acquisition Act 1894. Provisions under these Sections are:
Section 40 of Land Acquisition Act 1894 "Previous enquiry"
(1) Such consent shall not be given unless the appropriate Government be satisfied, either on the report of the Collector under section 5A, sub-section (2), or by an enquiry held as hereinafter provided,-
(a) that the purpose of the acquisition is to obtain land for the erection of dwelling houses for workmen employed by the Company or for the provision of amenities directly connected therewith, or
(aa) that such acquisition is needed for the construction of some building or work for a Company which is engaged or is taking steps for engaging itself in any industry or work which is for a public purpose, or
(b) that such acquisition is needed for the construction of some work, and that such work is likely to prove useful to the public.
(2) Such enquiry shall be held by such officer and at such time and place as the appropriate Government shall appoint.
(3) Such officer may summon and enforce the attendance of witnesses and compel the production of documents by the same means and, as far as possible, in the same manner as is provided by the 1[Code of Civil Procedure, 1908 (5 of 1908)], in the case of a Civil Court.
Section 41 of Land Acquisition Act 1894 "Agreement with appropriate Government"
If the appropriate Government is satisfied after considering the report, if any, of the Collector under section 5A, sub-section (2), or on the report of the officer making an inquiry under section 40 that the proposed acquisition is for any of the purposes referred to in clause (a) or clause (aa) or clause ( b) of sub-section (1) of section 40, it shall require the Company to enter into an agreement with the appropriate Government, providing to the satisfaction of the appropriate Government for the following matters, namely:-
(1) the payments to the appropriate Government of the cost of the acquisition;
(2) The transfer, on such payment, of the land to the Company;
(3) the terms on which the land shall be held by the Company;
(4) where the acquisition is for the purpose of erecting dwelling houses or the provision of amenities connected therewith, the time within which, the conditions on which and the manner in which the dwelling houses or amenities shall be erected or provided;
(4A) where the acquisition is for the construction of any building or work for a Company which is engaged or is taking steps for engaging itself in any industry or work which is for a public purpose, the time within which, and the conditions on which, the building or work shall be constructed or executed or executed; and
(5) where the acquisition is for the construction of any other work, the time within which and the conditions on which the work shall be executed and maintained and the terms on which the public shall be entitled to use the work.
Section 42 of Land Acquisition Act 1894 "Publication of agreement"
Every such agreement shall, as soon as may be after its execution, be published in the Official Gazette, and shall thereupon (so as far as regards the terms on which the public shall be entitled to use the work) have the same effect as if it had formed part of this Act.