**Executive Summary:**
The document is the Requisitioning and Acquisition of Immovable Property Amendment Act, 2018, which received presidential assent on August 9, 2018. It amends the Requisitioning and Acquisition of Immovable Property Act, 1952. The amendment addresses the reissuance of notices for property requisitioning and acquisition, and defines interest and compensation entitlements.
**Key Points / Main Content:**
* **Short Title and Commencement:**
* The Act is called the Requisitioning and Acquisition of Immovable Property Amendment Act, 2018.
* It comes into force on a date appointed by the Central Government via official notification.
* **Amendment to Section 7 of the 1952 Act:**
* A new subsection (1A) is inserted into Section 7 of the Requisitioning and Acquisition of Immovable Property Act, 1952, with effect from March 14, 1952.
* The Central Government may reissue notices, even if a prior notice was set aside by a court due to inadequate opportunity for the owner to be heard.
* The owner is entitled to an annual interest rate, equivalent to the State Bank of India's domestic fixed deposit rate at the relevant time, from the date of the first notice until final compensation payment.
* Enhanced compensation awarded before the commencement of this Amendment Act is subject to notice reissuance and applies only to land acquired for national security and defence purposes.
* Cases where the final award has been made and compensation accepted before the commencement of this Amendment Act will not be reopened.
**Impact Analysis**
**Property Owners/Interested Persons:**
* *Impact:* May receive reissued notices for property acquisition, even if previous notices were set aside. Entitled to interest on compensation from the date of the first notice.
* *Action Required:* Be prepared to respond to reissued notices and provide information as requested.
**Central Government:**
* *Impact:* Authority to reissue notices for property acquisition and must ensure fair compensation practices.
* *Action Required:* Implement the provisions of the Act, including reissuing notices and ensuring appropriate compensation and interest payments.
**Courts/Authorities:**
* *Impact:* Judgments or orders setting aside notices may be superseded by the Central Government's authority to reissue.
* *Action Required:* Consider the provisions of the amended Act when reviewing cases related to property requisitioning and acquisition.
**State Bank of India:**
* *Impact:* The interest rate on their domestic fixed deposits is used as a benchmark for compensation calculations.
* *Action Required:* Maintain and provide the applicable interest rate information as required.
Key Entities Referenced
Ministry of Law and Justice: The Indian government ministry responsible for legal affairs, legislation, and justice administration.
Parliament: The legislative body of the Republic of India.
President: The head of state of the Republic of India, who assented to the Act.
The Requisitioning and Acquisition of Immovable Property Amendment Act, 2018: The Act of Parliament being published, which amends the 1952 Act.
Requisitioning and Acquisition of Immovable Property Act, 1952: The original Act that the 2018 amendment modifies.
Central Government: The executive branch of the government of India.
Official Gazette: A public journal and legal newspaper of the government.
State Bank of India: A major public sector bank in India, used as a benchmark for interest rates.
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 9th August, 2018/Shravana 18, 1940 (Saka)
The following Act of Parliament received the assent of the President on the
9th August, 2018, and is hereby published for general information:—
THE REQUISITIONING AND ACQUISITION OF IMMOVABLE
PROPERTY (AMENDMENT) ACT, 2018
NO. 21 OF 2018
[9th August, 2018.]
An Act further to amend the Requisitioning and Acquisition of Immovable
Property Act, 1952.
BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:—
1. (1) This Act may be called the Requisitioning and Acquisition of Immovable Short title
Property (Amendment) Act, 2018. and
commencement.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
30 of 1952. 2. In the Requisitioning and Acquisition of Immovable Property Act, 1952, in section 7, Amendment
after sub-section (1), the following sub-section shall be inserted and shall be deemed to have of section 7.
been inserted with effect from the 14th March, 1952, namely:—
‘‘(1A) Notwithstanding any judgment or order by a court or any other authority,
setting aside a notice under sub-section (1) on the ground that the owner or any other
person who may be interested in the property was not given adequate opportunity to
show cause or personal hearing, the Central Government may re-issue the notice to the
owner or such other person interested in the property, for the purpose of giving opportunity
of being heard:2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC. 1]
Provided that where a notice is re-issued, the owner or such other person
interested in the property shall be entitled to the same annual rate of interest, prevalent
at any relevant time on the domestic fixed deposit offered by the State Bank of India, as
defined under clause (g) of section 2 of the State Bank of India Act, 1955, on the 23 of 1955.
compensation payable under this Act, from the date of publication of the first notice,
till the final payment of the compensation under this Act:
Provided further that any enhanced compensation with or without interest
awarded by the court or other authority, before the date of commencement of the
Requisitioning and Acquisition of Immovable Property (Amendment) Act, 2018, shall
be subject to the re-issuance of a notice under this sub-section and shall be applicable
only to the cases of land being acquired for national security and defence purpose:
Provided also that in the cases, where the final award under this Act has been
made and compensation thereof has been accepted by the owner or such other person
interested in the property, before the commencement of the Requisitioning and
Acquisition of the Immovable Property (Amendment) Act, 2018, shall not be reopened.’’.
————
DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MGIPMRND—1577GI(S3)—09-08-2018.