Chapter IV Chapter IV

AcQuisiTION AND Disposal or LAND

an agreement with any person for the acquisition from him by purchase lease or exchange of any land or interest in land, which the Board is authorised to acquire for any of the purpose of this Act.

The Board may, with the previous sanction of the Government, acquire land under the provisions of the Land Acquisition Act (Travancore Act XI of 1089) for carrying out any of the purposes of this Act.

fit constitute a Tribunal as provided in section 74 for the purpose of per- forming the functions of the Court in reference to the acquisition of land for the Board under the Land Acquisition Act (Travancore Act XI of 1089).

Por the purpose of acqui- ring land for the Board under the Land Acquisition Act (Travancore Act XI of 1089)

1. (a) the said Act shall be subject to the modificntions specified in the Schedule; and
2. (b) in case a Tribunal is constituted under section 74,—
   • (i) the Tribunal shall (except for the purposes of section 38 of that Act) be deemed to be the Court and the President of the Tribunal shall be deemed to be the Judge thereof;
   • (ii) The President of the Tribunal shall have power to sum- mon and enforce the attendance of witnesses, and to compel the produc- tion of documents by the same means, and (so far as may be) in the same mAnner, asis provided in the case of a Civil Court under the Code of Civil Procedure, 1908; and
   • (iii) the award of the Tribunal shall be deemed to be the award : of the Court under the Land Acquisition Act (Travancore Act XI of 1089), and shall be final.

1. (1) The Tribunal shall consist of three members, namely, a President and two assessors.
2. (2) The President of the Tribunal shall be an officer who has held a judicial office not inferior in rank to that of a District Judge.
3. (3) The President of the Tribunal and one of the assessors shall be appointed by the Government and the other assessor shall be appointed B by the Corporation: i Provided that if the Corporation fails to make an appointment within one month after it is required so to do by the Government, the appointment shall be made by the Government,
4. (4) No person shall be eligible for appointment as a2 member of the Tribunal if he is a Trustee or 1s, for any of the reasons mentioned in in section 7, disqualified for appointment as a Trustee.
5. (5) The term of office of each member of the Tribunal shall be three years; but any member shall, subject to sub-section (4), be eligible for re-apointment at the end of that term.
6. (6) The Government may, on the ground of incapacity or mis® behaviour, or for any other good and sufficient reason, remove any member of the Tribunal from’ office.
7. (7) Every vacancy, whether permanent or temporary, in the office of a member of the Tribunal shall be filled in accordance with the pro. visions of sub-section (3).
8. (8) All appointments made under this section shall be notified in

Remuneration of members of Tribunal—A member of the Tribuna shall be entitled to receive such remuneration, by way of salary or fees or both, as the Government may prescribe.

1. (1) The President of the Tri- bunal shall from t me to time, prepare a statement showing—
   • (a) the nur ber and grades of the clerks and other officers and servants whom he considers should be employed for carrying on the business of the Tribunal,
   • (b) the amount of the salary to be‘paid to each such officer or servant, and (¢) the contributions payable under section 141 in respect of each | such officer or servant who is a servant of the Central or State Govern- 1 ment.
2. (2) All statements prepared under sub-section (1) shall be subject | to the previous sanction of the Government. .
3. (3) The President of the Tribunal shall, with the previous sanction | of the Government, make rules— . :
   • (i) for regulating the grant of leave of absence, leave allow- ances and acting allowances to the officers and servants of the Tribunal: | \ Provided that a servant of the Central or State Government em- ployed as an- officer or servant of the Tribunal shall not be entitled to cave or leave allowances otherwise than as may he laid down in the conditions of his service under the Central or State Government relating to transfer to foreign service;
   • (ii) for establishing and maintaining a provident fund, for com- pelling all or any of the officers or servants of the Tribunal (other than any servant of the Central or State Government in respect of whom a contribution is paid under section 141) to subscribe to the fund, at such rates and subject to such conditions as may be prescribed, and, with the sanction of the Board, for supplementing such subscriptions out of the funds of the Board ;
   • (iti) for determining the conditions under which the officers and servants of the Tribunal, or any of them, shall, on retirement, receive gratuities or compassionate allowances and the amount of such gratui- ties and compassionate ailowances Provided that it shall be at the discretion of the Tribunal to deter- mine whether all such officers and «ervants or any and, if so, which of’ them, shall become entitled, on retirement ta any such gratuities or compassionate allowances as aforesaid.
4. (4) Subject to any rules made under sub-scci.on (3) and for the time being in force, the power of making appomtmnents and promotions to posts in the service of the Tribunal, of granting leave: to officers and servants holding such posts, of censuring, fining, withholding promotion from, reducing, suspending, removing or dismissing such officers and servants for any breach of departmental rules or discipline, or for care- lessness, unfitness, neglect of duty or other misconduct and of discharg- ing such officers and servants from the service of the Tribunal for any other reason, shall be exercised by the President of the ‘I'tibunal. . 77. Payments by Board on account of Tribunal.— The amount necessary for the payment of remuneration, salaries, leave allowances and acting allowances in accordance with sections 75 and 76 shall be provided by the Board.

Tribunal may, from time to time, with the pievious sanction of the Government, make rules, not 1epugnant to the Eode of Civil Procedure, 1908 (Central Act 5 of 1908), for the conduct of business by the Tribunal. .

1. (2) All such rules shall be published in the (Gazette,

before the Tribunal, the decision on all questions of law and procedure (including questions as to whether anything is a question of law or procedure) shall rest solely with its President, and on ail other questions in the event of disagreement between the members, the opinion of the majority shall prevail.

1. (2) Every award of the Tribunal, and every order made by the Tribunal for the payment of money, shall be enforced by the Court of the Subordinate fudge exercising jurisdiction over the nrea as if it were a decree of that , 80. Payment of bellerment Jol) When by the making of any improvement scheme, any land in the area comprised in the scheme which 1s not required for the execution thereof will, in the opinion of the Board, be increased in value the Board, in framing the scheme, may declare that a betterment fee shall be payable by the owner of the Jand or any person having an interest therein in 1espect of the increase in value of the land resulting from the execution of the scheme : Provided that the Government may, subject to such restrictions and conditions as may be prescribed and after consulung the Board, exempt any person or class of persons from the liability to pay better- ment fee under the provisions of this Act, if they are satisfied that having regard to the economic conditions of such person or class of persons, their ability to pay such fee, and such other considerations as may be prescribed, such person or class of persons should be so exempted.
2. (2) Such increase in value shall be the amount by which the value of the land on the completion of the execution of the scheme estima- ted as if the land were clear of buildings exceeds the value of the land prior to the execution of the scheme estimated in like manner; and the betterment fee shall be one-third of such increase in value.

Board that an improvement scheme is sufficiently advanced to enable the amount of the betterment fee to be determined, the Board shall by a resolution passed in this behalf declare that for the purpose of determining such fee the execution of the scheme shall be deemed to have been completed and shall thereupon give notice in wrinng to every person on whom a notice in respect of land to be assessed has been served under clause (a) of sub-section (1) of section 49, or to the suc- cessor in interest of such person, as the case may be, that the Board proposes to assess the amount of the betterment fee payable in respect of such land under section 80,

@ The Board shall then assess the amount of betterment fee payable by each person concerned after giving such person an oppor- tunity to be heard and such person shall, within three months from the date of receipt of notice in writing of such assessment from the Board, inform the Board in writing whether or not he accepts the assessment.

1. (3) When the assessment proposed by the Board is accepted by the person concerned within the period specified in sub-section (2), such assessment shall be final.
2. (4) If the person concerned does not accept the assessment made | by the Board or fails to give the Board the information required by sub- | section (2) within the period specified therein, the matter shall be determined by an arbitrator appointed by the Government. |

1. (1) If the Government | are satisfied after such inquiry as they think fit that any arbitrator : appointed under sub-section (4) of section 81 has misconducted himself, ‘ they may remove him, .
2. (2) Ifany such arbitrator dies, resigns, is removed, cr refuses to perform or in the opinion of the Government neglects to perform or comes disqualified for or incapable of performing his lunctions, the Government shall forthwith appoint another arbitiator. {3) When the arbitrator has made his award, he shall sign it and forward it to the Board, and such award shall, subject to the provisions of sub-section (4), be final and conclusive and binding on all persons.
3. (4) Any party aggrieved by an award may, within three months from the date of the commumcation thereof, appeal to the District Court exercising jurisdiction 1n the City, and the decision of the Judge of the said District Court shall be final and conclusive and binding on all persons.

be determined by the Government in respect of the whole of the scheme for which his services are utilized. .

1. (1) The mbitrator shall give notice of his proceedings and conduct them in the manner prescribed by the Government and communicate his award to the parties cons cerned : Provided that every party to such proceedings shall be entitled to appear before the arbitiator either in person or by his authorized agent.
2. (2) The arbitrator shall have all the powers of a civil court undc. the Code of Civil Procedure, 1908 (Central Act 5 of 1908), for the pur- pose of taking evidence on oath and of enforcing the attendance of witnesses and compelling the production of documents and other material objects.
3. (3) The costs of and incident to all proceedings before the arbi trator shall be in his discretion and the arbitrator shall have full power to determme by whom or out of what property and to what extent such costs are to be paid and to give all necessary directions for the purpose. 85, Board to give notice to persons liable to payment of batterment fee.— When the amount of all betterment fees payable in respect of land in the arca comprised 1n the scheme has been determined under section 81 or section 82, as the case may be, the Board shall, hy a notice in wiiting to be served on all persons liable to such payment, fix a date by which such payment shall be made, and interest at the rate of four and a half per cent per annum upon any amount outstanding shall be payable from that date : Provided that any person liable as aforesaid may make payment, if he 30 chooses, in such number of equal annual instalments not exceed ing ten as the Board may determine, the amount of cach instalment being fixed by the Board in such a manner that the total sum recovered from such persons is equivalent to the, amount due from him together . with interest calculated at the rate of four and a half’ per cent per 34/4095 annum on the amount or so much thereof as may, from time to time, remain unpaid.

i ment fee. {

1. (1) Any person ! liable to pay a betterment fec in respect of any land may, at his option, instead of paying the same to the Board, execute an agreement with the Board to leave the payment outstanding as a charge on his interest in the land, subject to the payment in perpetuity of interest at the rate of six per cent per annum, the first annual payment of such interest to be made one year from the date referred to in section 85.
2. (2) Every payment due from any person in respect of a betterment fee and every charge referred to mn sub-section (1) shall, notwithstand- ing anything contained mn any other enactment and notwithstanding the existence of any mortgage or other charge, whether legal or equita- ble, created either before or after the commencement of this Act, be the first charge upon the interest of such person in such land, subject to the prior payment of land revenue, if any, due to the Government on such land.
3. (3) Ifany instalment of interest due under an agreement executed in pursuance of sub-section (1) be not paid on the date on which it is due, the betterment fec shall become payable on that date, in addition to the said instalment.
4. (4) At any time after an agreement has been executed in pursu- ance of sub-section (1), any person may pay off the charge created thereby, with the interest due up to the date of such payment.
5. (5) When an agreement in respect of any land has been executed by any person in pursuance of sub-section’(l), no suit with respect to such agreement shall be brought against the Board by any other person (except an heir, executor or administrator of the person first aforesaid) claiming to have an interest m the land.

All money payable in respect of any land by any person in respect of a betterment fee under section 81, section 82 or section 85 or by any

person under an agreement executed mn pursuance of sub-section (1) of

section 86, shall be recoverable by the Board (together with interest due

up to the date of reahzation at the rate of four and a half per cent per

annum), from the said person or his successor in interest in such land,

in the manner provided by the Trivandrum City Municipal Act for the

recovery of taxes and, if the said money 1s not so recovered, the Chair- [ man may, after giving public notice of his intention to do so, and not

less than one month after the publication of such notice, sell the interest | of the said person or successor in such land by public auction, and may

deduct the said money and the expenses of the sale from the proceeds of | the sale, and shall pay the balance (if any) to the defaulter.

The Board may direct by what authority any powers or duties ! incident under the Trivandrum City Municipal Act to the enforce ment of any process for the recovery of taxes shall be exercised anc | performed when that process is employed under section 87. ) |

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Ifany land in respect of which the payment of a betterment fee has Deen accepted in pursuance of sub-section (3) of scction 81 or has been made after its determination under section 82 or section 85 or in respect of which an agreement regarding the bettesment fee has been executed under section 86, be subsequently required for any of the pur- poses of this Act, the payment or agreement shall not he deemed to prevent the acquisition of the land in pursuance of a fresh declaration published under section 6 of the Land Acquisition Act (Travancore Act

Power to dispose of land—(1) The Board may relain, or may lease, sell, exchange, or otherwise disposz of, any land vested in or acquired by 1t under this Act.

1. (2) Whenever the Board decides to lease orscll any land acquired by it under this Act from any person, it—
   • (a) shall give notice by advertisement in the local newspapers, and
   • (b) shall offer to the said person, or his heirs, executors or administiators, a prior right to take on lease or to purchase such land for an amount or at a rate to be fixed by the Board, if the Board considers that such an offer can be made without detriinent to the carrying out of the purposes of this Act.
2. (3) Ifin any case two or more persons claim to have the prior right referred to in clause (b) of sub-section (2), preference shall be given to the person who agrees to pay the higher or the highest amount or rate for the land not bemg less than the amount or rate fixed by the Board under that clause.