The Land Acquisition (Bombay Amendment) Act, 1938

1. (1) This Act may be called the Land Acquisition (Bombay Amendment) Act, 1938.
2. (2) It shall come into force on such date as the Provincial Government may by notification in the Official Gazette appoint.

In sections 28 and 34 of the Land Acquisition Act, 1894, for the word "six" the word "four" shall be substituted.

For section 52-A of the principal Act, the following shall be substituted, namely :--

"52-A. Notwithstanding anything contained in the foregoing provisions of this Act,--

1. (1) the State Government may, by notification in the Official Gazette, direct that all or any of the powers conferred or duties imposed on it or on the Commissioner by or under this Act, subject to such restrictions and conditions, if any, as may be specified in the notification be exercisable also by the Collector,
2. (2) a Collector may, subject to the general or special orders of the Government, delegate any of his powers or functions under this Act to any officer not below the rank of a Tahsildar or a Land Acquisition Officer specially appointed by the Government in this behalf."

In section 129 of the Maharashtra Regional and Town Planning Act, 1966, in sub-section (1), the words "whether arable, waste or open" shall be deleted.

After section 12 of the said Act, the following section shall be inserted, namely:--

"12A.

1. (1) Any clerical or arithmetical mistake in an award or errors arising therein from accidental slips or omission may, at any time not later than six months from the date of the award, be corrected by the Collector either on his own motion or on the application of a person interested and the award so corrected shall be deemed to have been amended accordingly.
2. (2) If the award so amended discloses any overpayment, the Collector shall, either immediately after the amendment of the award or after the expiry of the time allowed to make a reference to the Court from the amendment of the award, issue a notice to a person to whom overpayment was made that if the amount overpaid is not paid back to the State Government within one month after receipt of the notice, the amount overpaid shall be recovered as an arrear of land revenue and after the expiry of the time stated in the notice the amount shall be so recoverable."

After section 15 of the said Act, the following section shall be inserted, namely:--

"15A. The State Government may, at any time before an award is made by the Collector under section 11, call for and examine the record of any order passed by the Collector or of any inquiry or proceedings of the Collector, for the purpose of satisfying itself as to the legality or propriety of any order passed and as to the regularity of such proceedings. If, in any case, it shall appear to the State Government that any order or proceedings so called for should be modified, annulled or reversed, it may pass such order thereon as it deems fit."

In section 17 of the said Act, in sub-section (2), after the words "access to any such station", the following words shall be inserted, namely:--

"or whenever owing to a like emergency or owing to breaches or other unforeseen events causing damage to roads, rivers, channels or tanks, it becomes necessary for the State Government to acquire the immediate possession of any land for the purpose of maintaining road communication or irrigation or water supply service, as the case may be,"

In section 18 of the said Act, after the word "award", where it occurs for the first time, the words "or the amendment thereof" shall be inserted; and after the said word, wherever it occurs thereafter, the words "or the amendment" shall be inserted.

In section 27 of the said Act, in sub-section (2), after the words "award of the Collector", the words "or the amendment thereof" shall be inserted.

In section 35 of the said Act,--

1. (1) after sub-section (1), the following sub-sections shall be inserted, namely:-- "(1A) Before issuing a direction under sub-section
2. (1) the State Government may require the Collector to submit--
   • (a) a plan of the land which is needed for occupation and use; and
   • (b) an estimate of the compensation that would be payable under sub-section (2); and upon the issue of such a requisition the Collector shall cause public notice of the substance of the requisition to be given at convenient places in the locality in which the land is situated. (1B) After the issue of such notice, it shall be lawful for any officer either generally or specially authorised by the Collector in this behalf, and for his servants and workmen to exercise the powers conferred by sub-section
3. (2) of section 4. (1C) The officer authorised under sub-section (1B) shall at the time of his entry pay or tender payment for all necessary damage to be done as aforesaid, and, in the case of dispute as to the sufficiency of the amount to be paid or tendered, he shall at once refer the dispute to the decision of the Collector and such decision shall be final;";
4. (2) in sub-section (2), for the words "The Collector shall thereupon" the words "Upon the issue of a direction under sub-section
5. (1) the Collector shall" shall be substituted.

In section 46 of the said Act, for the words and figure "or section 8" the words and figures ", section 8 or section 35" and for the words, figures and letter "section 3A or section 4" the words, figures and letter "section 3A, section 4 or section 35" shall be substituted.