Land Acquisition ( Amendment ) Act, 1984.

The "STATEMENT OF OBJECTS AND REASONS OF ACT 68 OF 1984"
(relevant matter to the subject in context in respect of contents) is as follows:

  1. With the enormous expansion of the States role in promoting public welfare and economic development since independence, acquisition of land for public purposes, industrialisation, building of institutions etc., has become far more numerous than ever before. While this is inevitable, promotion of public purpose has to be balanced with the rights of the individual whose land is acquired, thereby often depriving him of his means to livelihood. Again, acquisition of land for private enterprises ought not to be placed on the same footing as acquisition for the State or for an enterprise under it. The individual and institutions who are unavoidably deprived of their property rights in land need to be adequately compensated for the loss keeping in view the sacrifice they have to make for the larger interests of the community........... It is necessary, therefore, to re-structure the legislative framework for acquisition of land so that it is more adequately informed by this objective of serving the interests of the community in harmony with the rights of the individual. Keeping the above objects in view and considering the recommendation of the Law Commission, Land Acquisition Review Committee as well as the State Governments, institutions and individuals, proposals for amendment to the Land Acquisition Act, 1894, were formulated and a Bill for this purpose was introduced in the Lok Sabha on the 30th April 1982. The same has not been passed by either House of Parliament. Since the introduction of the Bill, various other proposals for the amendment of the Act have been received and they have also been considered in consultation of the State Governments and other agencies. It is now proposed to include all these proposals in a fresh Bill after withdrawing the pending bill.

  2. The main proposals for amendment are as follows:



  3. (i) Acquisition of land for non-Government companies under the Act will
    henceforth be made in pursuance of Part VII of the Act in all cases.


The Land Acquisition Act, 1894 ( as on & from 24 / 9 / 1984 )(Relevant Portion )

An Act to amend the law for the acquisition of land for public purposes and for Companies

Whereas it is expedient to amend the law for the acquisition of land needed for public purposes and for Companies and for determining and amount of compensation to be made on account of such acquisition:

  1. Short title, extent and commencement.-

(1) This Act may be called the Land Acquisition Act, 1894.

(2) It extends to the whole of India , except the State of Jammu and Kashmir , from 24/9/1984 .

3. Definitions.- In this Act, unless there is something repugnant in the subject or context,--

" (cc) the expression " corporation owned or controlled by the State" means any body corporate established by or under a Central, Provincial or State Act, and includes a Government company as defined in Section 617 of the Companies Act, 1956 (1 of 1956), a society registered under the Societies Registration Act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a State, being a society established or administered by Government and a co-operative society within the meaning of any law relating to co-operative society for the time being in force in any State, being a co-operative society in which not less than fifty-one per centum of the paid-up share capital is held by the Central Government, or by any State Government, or Governments, or partly by the Central Government and partly by one or more State Governments;)

(e) The expression "Company" means-

(1) a company as defined in section 3 of the Companies Act, 1956 (1 of 1956), other than a Government company referred to in clause (cc);

(2) a society registered under the Societies Registration Act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a State, other that a society referred to in clause (cc);

(3) a co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any State, other than a co-operative society referred to in clause(cc);

(f) The expression "public purpose" includes- ( but does not include acquisition of land for companies;)

(i) the provision of village-sites, or the extension, planned development or improvement of existing village-sites;

(ii) the provision of land for town or rural planning;

(iii) the provision of land for planned development of land from public funds in pursuance of any scheme or policy of Government and subsequent disposal thereof in whole or in part by lease, assignment or outright sale with the object of securing further development as planned;

(iv) the provision of land for a corporation owned or controlled by the State;

(v) the provision of land for residential purposes to the poor or landless or to persons residing in areas affected by natural calamities, or to persons displaced or affected by reason of the implementation of any scheme undertaken by Government, any local authority or a corporation owned or controlled by the State;

(vi) the provision of land for carrying out any educational, housing, health or slum clearance scheme sponsored by Government, or by any authority established by Government for carrying out any such scheme, or, with the prior authority, or a society registered under the Societies Registration Act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a State, or a co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any State;

(vii) the provision of land for any other scheme of development sponsored by Government or, with the prior approval of the appropriate Government, by a local authority;

(viii) the provision of any premises or building for locating a public office,

but does not include acquisition of land for companies;

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