Indian Railway Codes and Manuals-Engineering code-Chapter- 9 (IX)
CHAPTER IX
PROCEDURE
FOR THE ACQUISITION OF LAND
901.
Application for Land-Whenever land is
required for railway purposes, an application should first be made direct to
the Revenue Officer in-charge of the district in which the land is situated,
for a statement of the value of the land and a draft declaration for acquiring
it. The application should set forth clearly the purpose for which the land is
required, and should be accompanied by the following documents specifying the
extent of the land and such other particulars necessary for its identification
:-
(a) A
complete set of land plans prepared in accordance with the instruction given in
paragraph 838 et. seq.
(b) A
complete set of schedules prepared in the form given in Appendix IV or in such
other form as may be prescribed by the State Government or Administration
concerned.
N. B.-Every endeavour should be made to avoid interference
with religious edifices, burial grounds or other places or objects which may be
considered as sacred and if the land applied for contains religious edifices,
& c., the fact must be specially noted in the application.
902. When the work of acquisition extends to more than one
district but lies within one division, application should be made to the
Commissioner, when in more than one division to the Chief Revenue Authority of
the State.
903. For the
better identification of land in cases where the areas to be taken up are
extensive, the following further information should also be furnished by a
Railway Administration to the State Government or Administration in applying
for the acquisition of land :-
(a) The
name of the railway.
(b) The
copy of the order of Government, when necessary, sanctioning the construction
of the railway.
(c) A
brief general description of the route to be followed by the railway with the
names of the more important villages or towns through or near which it is
intended that the railway should pass.
(d) A list
of civil districts in which the land will be required for the purposes of the
railway with the approximate area in acres of the land required in each.
(e) For
each civil district, the name or description of the place of places at which
the land plans for the district will be available for inspection by the public.
904. The State
Government or administration should also be furnished with a general index plan
to a scale of 0.5 k.m. to a cm. showing the route to be followed by the
railway.
905. Should any
land be required for temporary occupation only under Section 35 of Act I of
1894, it should form the subject of a separate application in which the fact
that permanent acquisition is not required should be clearly stated.
906. Revenue
Officer’s Estimate of Cost of Land Acquisition-On receipt from the Railway
Administration of the application for land drawn up in accordance with the
procedure prescribed above, the responsible Revenue Official will forward to
the Railway Administration a statement showing the nearest approximate cost of
the land which can be obtained without a detailed valuation of the property and
also a draft declaration under Section 6 of the Land Acquisition Act on
which it should be recorded that there is no objection to the
acquisition of the land on any general or specific grounds. In the case of
large projects, in lieu of the statement prescribed above, the Revenue
Authorities will furnish to the Railway Administration data in the following
specimen form showing the estimated average value per hectare as near as may be
for the different classes of land in the localities affected by the projects.
907. In
no circumstances should the local Revenue Authority be called upon to furnish
data, even rough approximations, before they are supplied with a sketch map (or
detailed plans, if such have already been prepared) for each district traversed
by the railway, showing the exact course of the centre line of the land to be
taken up, with reference to village and town, as a departure from the strict
observance of this requirement throws upon the Revenue Authorities undue
responsibility for the preliminary estimates. The sketch map should be to scale
of 0.5 Km. to a cm. and should show village boundaries wherever they have been
surveyed. The distances should also be marked upon it, and the average width of
the strip to be taken up should be stated. For land near towns, or which for
other reasons is likely to have a specially high value, a map to a sufficiently
large scale should be prepared, showing the approximate boundaries to the land
likely to be required, with a note of any valuable trees, buildings of other
property for which compensation will have to be paid in addition to the price
of the land itself.
908. When
the estimated value of the land exceeds Rs. 25,000 in any one district, or one
lakh in any division it is necessary that the date should be countersigned by
the commissioner of the division in which the land is situated or the Chief
Revenue Authority of the State respectively. In the State like Tamil Nadu where
there are no Commissioners of Divisions, the counter signature of the Collector
of a District will suffice.
909. The
statement of data received from the Revenue Authority should be taken as
representing the value of the land, inclusive of tenant's rights but exclusive
of the value of houses. trees, standing crops & c., on the land, the
approximate cost of which should be separately furnished by the Revenue
Authorities. In addition to the data prescribed above, the Revenue Authorities
should also give a rough estimate of the amount of such further items (if any)
as are likely to be included in an award based on Section 23 (1) of the Land
Acquisition Act, including when necessary, an estimate of the capitalized value
of the abatement of land revenue or of payments to be made direct to the
proprietors of the area acquired in lieu of abatement of land revenue, and
charges for establishments and contingencies. Special care should be taken by
the Revenue Authorities in furnishing as accurate data as possible, so as to
prevent inaccurate estimating. With the information in hand, the Railway
Administration should proceed to frame an estimate* of the total cost of
acquisition in detail, including (in cases where voluntary surrender is not
probable) the additional 15 per cent laid down in Section 23 (2) of the Land
Acquisition Act, on the market value of the land under Section 23 (1), Clause I
of that Act.
*Note-In the reports and estimates submitted by Railway
Administration it should be specially mentioned whether or not the land
estimates have been prepared from data furnished by the Revenue Authorities.
910. Railway Administrations
Land Estimates-In preparing land estimates, it will be found generally
convenient to adopt the following form :-
Form E. 910
Value of land-
Waste.
Arable.
Homestead.
Bazar.
Value of-
(a) Masonry houses.
(b) Thatched houses.
(c) Trees.
(d) Standing crops.
Add additional compensation at 15 per cent under Section 23 (2) of the Act on
the market value of the land including houses, trees and crops.
Add market value of Government land taken up.
Add damages under Clauses 2 to 6 of Section 23(1) of the
Act.
Add capitalized value of land revenue (when necessary)
Add cost of establishment (when necessary)
Add contingencies.
911. Sanction to Land Estimates-Should the estimates so framed be within the powers of the
Railway Administration to sanction and there be no objection to the acquisition
of the land on the part of the Revenue Authorities, the General Manager or any
other officer duly empowered to sanction the estimate will then accord sanction
and allot the necessary funds and forward the estimate duly countersigned by
the Accounts Officer together with the draft declaration and duly signed plans
and schedules to the State Government or Administration for taking the
necessary steps for the acquisition of the land. When it is decided to make
reduction in the extent of the land which the State Government has already been
asked to arrange to acquire prompt warning should be given to them to take
steps to modify the declaration already issued, or to make necessary withdrawal
from acquisition. If the sanction of the Railway Board is necessary to the
estimated cost of the land, the Railway Administration should apply for and
obtain that sanction before applying to the State Government or Administration
for the acquisition of the land.
912. The
cost of land forms an integral part of the cost of the work. In determining,
therefore, the powers of a Railway Administration to sanction a work, the cost
of such work should be taken as a whole inclusive of that of the land,
irrespective of the source from which the cost of the land is met.
913. The Land to be Acquired only for Sanctioned Work bonafide Railway Purposes-As a general rule
land may not be acquired except in connection with a duly sanctioned work but
this rule does not debar the acquisition of land for bonafide railway purposes,
such as sanitary zones which are unconnected with any particular work. Where
any third party's right of way in the form of a path or road has been
permanently obstructed by the railway, either by the land having been acquired
or otherwise, unlimited powers are delegated to the General Manager for the
acquisition of land to restore the right of way on another site.
914. In
case of urgency, Railway Administrations are empowered to depart from the
ordinary rule stated in the previous paragraph and sanction the acquisition of
land prior to the preparation and sanction of estimates either for the work or
the land, provided the total probable cost of the work is within the power of
Railway Administration to sanction. Where it is anticipated that the estimated
cost of the land or the work will exceed the power of sanction of the Railway
Administration, the reasons for urgency of acquisition and brief particulars of
the work for which it is required together with information regarding the
probable cost of the land and of the work should be reported to the Railway
Board and their sanction to the acquisition of the land applied for.
Procedure after the Land Acquisition Act is put into force
915. Acquisition. After
the publication of the declaration under section 6 of the Land Acquisition Act,
the State Government or Administration will direct the Collector, or other
officer specially appointed for the purpose, to acquire the land in the manner
indicated in the Land Acquisition Act and all subsequent proceedings will be
taken by the State Government or Administration. When the award have been
announced, the Railway Administration may enter unto possession of the land but
before doing so, the authority of the Land Acquisition Officer to its
occupation should be obtained. When possession is taken, the acquisition is
completed and the land then vests absolutely in Government. Up to the moment of
taking possession under the Act, Government is at liberty to withdraw from the
acquisition but not afterwards. It should be noted that withdrawal from
acquisition entails liability for payment of compensation for any damage
suffered by the owner in consequence of the notice or any proceedings
thereunder [(Section 48 (2) of the Land Acquisition Act).]
916. Valuation of Land for Purposes of Award. A Land Acquisition Officer in an inquiry and award under
Section 11 of the Land Acquisition Act, will give notice to the Railway
Administration or their chief local representative of the day on which the
inquiry is to be held and will take into consideration any representation which
the Railway Administration or their chief local representative may make whether
orally or by letter. Also before finally making the award the Land Acquisition
Officer will allow the Railway Authorities an opportunity of appearing in
person or by agent and of producing evidence as to the value of the land.
Railway Administrations should take advantage of these opportunities for
representing their views and protecting their interests.
917. If
the award, as finally settled after objections have been heard in the course of
proceedings, exceeds by more than 20 per cent of the original estimate of the
cost of acquisition or if the evidence as to the value is conflicting and such
as to indicate a reasonable probability that the Civil Court will award a sum
exceeding that estimate, the Land Acquisition Officer should defer the award
and inform the Railway Administration concerned of the facts. Further action
will then be suspended until the Railway Administration has decided whether
acquisition should be proceeded with or not. Before communicating such
decision, the Railway Administration should, when the excess is likely to
exceed their powers of sanction, submit a report of the matter for the orders
of the Railway Board, explaining at the same time whether the acquisition of
the land is necessary or whether some plot of land other than that originally
contemplated may not be taken up instead. It is incumbent on Railway
Administrations to endeavour to avoid the location of a Railway line upon land,
the acquisition of which will entail either unnecessary expenditure to
Government, or annoyance to the owners, if the object sought can be equally
well attained by a slight alteration of the alignment or in some other manner.
918. Taking possession. Possession
of the Land will be made over by the local revenue Authority or his
representative, and will be taken over by a representative, not lower in status
than an Inspector of Works of the Engineering Department of the Railway. The
area on the ground should be carefully checked with that on the Plan and, if
found correct, the permanent boundary marks should be affixed as soon as
possible thereafter.
919. A
certificate, at least in duplicate, to the effect that the land has been on
that day correctly made and taken over, will then be signed by both parties
recorded by the Revenue and Railway Authorities respectively.
920. Excess over Sanctioned
Estimates. - Revised Estimates.-- If during the proceeding under,
Section 11 of the Land Acquisition Act, it becomes apparent to the Land
Acquisition Officer that the cost of the land will exceed the amount of the
sanctioned estimate, he should report the excess to the Railway Administration
concerned and at the same time furnish fresh data for the revision of the
estimate. The Railway Administration will then frame a revised estimate of cost
in full detail and if the excess is within the powers delegated to the Railway
Administration, sanction the estimate and allot the further funds necessary.
Should the revised estimate however, require the sanction of the Railway Board
such sanction should be applied for and in doing so, an explanation of the
cause of the excess should be furnished where it exceeds the initial estimate
by more than 10 per cent. It should be noted that the countersignature of the
responsible Revenue Authorities should be obtained to the revised estimate as
in the case of the original estimates.
921. Completion Reports. When acquisition has been finally completed and awards made,
a completion report showing the actual expenditure incurred on the acquisition
should, in the case of lines under construction and of open line works costing
Rs. one crore and over, be submitted to the Railway Board either separately or
along with the completion report of the works for which the land has been
acquired. These completion reports should be drawn up in detail by the Railway
Administration on the awards actually made.
922. As
regards land taken up for open line works costing less than Rs. one crore no
completion report need be submitted to the Railway Board unless it is found
that expenditure has been incurred over the original or revised estimate, in
excess of the powers of the Railway Administration.
923. Where
land outside the regular land widths, as prescribed in paragraphs 822 to 837
and Appendix III, is required for temporary occupation, the procedure will be
as under Part VI of the Land Acquisition Act.
Disbursements by Land Acquisition Officers
924. After all preliminaries in
respect to estimates, land plans etc. which are required under the rules have
been duly carried out, land required by a Railway Administration will be
acquired under the Land Acquisition Act either by the Collector of the District
in which such land is situated or by some Special Officer who will be placed at
the disposal of the Ministry of Railway, and invested with powers of a
Collector under the Act. The procedure for disbursement differs in each case.
The Act referred to in this and the following paragraph is the Land Acquisition
Act of 1894 as modified from time to time.
Procedure for Special Land Acquisition Officers Appointed
under the Act.
925. Special
Land Acquisition Officers placed at the disposal of the Ministry of Railways
are regarded as Railway Disbursers and are supplied with funds in one of the
following :-
(1) By the Railway Accounts Officer
authorising them to have drawing accounts at a specified treasury or treasuries
and the monthly accounts of receipts and expenditure of the Officer will be
submitted to the Railway Accounts Officer
(2) By appointment as imprest holders by the Railway
Accounts Officer to whom Imprest Accounts will be rendered.
When the services of a Special Land Acquisition Officer are utilised by the
Railway Department in common with other departments he should be regarded as a
Railway Disburser for the purpose of this paragraph.
926. Special Land Acquisition
Officer to be treated as Railway Disbursers are placed in funds if required, by
means of "authorities" issued by the Accounts Officer on certain
specified treasuries, permitting them to draw moneys from such treasuries. In
forwarding such authorities to the Treasury Officer, the Accounts Officer will
send the specimen signature of the Officer in whose favour the authorities are
issued and at the same time furnish the latter with the requisite number of
cheque books. The "authorities" issued by the Accounts Officer will
empower the Special Land Acquisition Officers acting as Railway Disbursers to
draw cheques at the specified treasuries and authorise the treasury officers
concerned to honour such cheque.
927. All moneys required for disbursements should be obtained by
cheques drawn against the authorised treasuries. Cheques should not be drawn
for amount in excess of those to be disbursed.
928. The Accounts Officer may at his discretion limit the amount
upto which the cheques of an officer authorized by him to have a drawing
account at a particular treasury should be cashed. As soon as the necessity for
a drawing account in favour of a Special Land Acquisition Officer acting as
Railway Disburser ceases to exist, the Accounts Officer should arrange to have
the drawing account closed by cancelling the "authority" already
issued to him. He should also withdraw all the unused and partly used cheque
books in the possession of the officer whose drawing account has been closed.
929. Special Land Acquisition Officer authorised to have a drawing
account with a treasury, will submit to the Accounts Officer daily a statement
of cheques drawn against the treasury and money deposited in it, quoting
reference notes etc, to enable the Accounts Officer to check the statements of
disbursements and receipts sent by the treasury direct to the Accounts Officer
in terms of paragraph 435-A, Part I. A summary of the daily statements
mentioned above should also be sent to the Accounts Officer at the end of each
month.
930. Procedure for making payments. Special Land Acquisition Officers acting as
Railway Disbursers should follow the instructions contained in Chapter XI of
Indian Railway Accounts Code, Part I regarding drawal of cheques and making
payment through treasuries.
931. The Award. When an award is made under Section 11 of the
Act, the officer will have a statement prepared in Form A (see Appendix V),
showing the amounts payable to each person under the award and will, on the day
the award is made, forward a copy of the statement, signed by himself to the
Railway Accounts Officer. Before signing the copy, the officer should carefully
satisfy himself that it correctly shows the amounts due under the award and
should himself enter the total in words both in the original and copy. A
subsidiary statement in Form AA (see Appendix V) giving particulars regarding
the acceptance by the persons concerned of the amounts shown as due in the
award statement should also be furnished to the Accounts Officer. If the
subsidiary statement is not complete on the day the award is made, the
necessary entries in column 7 of Statement A, showing the distribution of the
award, will be made in the Office of the Accounts Officer on receipt of the
statement in Form AA.
932. In cases where an award has been made by a court under
Section 26 of the Act, a second award statement should be prepared in Form B
(see Appendix V) by the officer as soon as the decision of the court is
ascertained, and a copy thereof forwarded to the Railway Accounts Officer. On
receipt of this statement the Railway Accounts Officer will proceed to check
the entries in column 1 to 4 with the original award by the Land Acquisition
Officer.
933. Any change in the appointment of the officer's award made by
a Court under Section 30 of the Act, should also similarly be communicated to
the Accounts Officer by the Special Land Acquisition Officer for necessary
corrections in the award statement. And if under Section 31(3) of the Act, it
has been arranged to grant a compensation otherwise than in cash, the nature of
such compensation should be clearly specified in the column for remarks in the
award statement.
934. Payment of Compensation. In giving notice of the award under Section
12(2) and tendering payment under Section 31(1) to such of the persons
interested as were not present personally or by their representatives when the
award was made, the officer should require them to appear personally by
representatives by a certain date, to receive payment of the compensation
awarded to them intimating also that no interest will be allowed to them if
they fail to appear. If they do not appear, and do not apply for a reference to
the Civil Court under Section 18, the officer should after any further
endeavour to secure their attendance that may seem desirable, cause the amounts
due to be paid in the Treasury as revenue deposit payable to the persons to
whom they are respectively due, and vouched for in Form E (see Appendix V). The
officer should also give notice to the payees of such deposits, specifying the
Treasury in which the deposits have been made. In the officer's accounts the
amounts deposited in the Treasury will at once be charged off as railway
expenditure, and when the persons interested under the award ultimately claim
payment the amounts will be paid to them in the same manner as ordinary revenue
deposits. The officer should, as far as possible, arrange to make the payments
due in or near the village to which the payees belong, in order that the number
of undisbursed sums to be placed in deposit on account of non-attendance may be
reduced to a minimum. Whenever payment is claimed through a representative,
whether before or after deposit of the amount awarded, such representative,
should show legal authority for receiving the compensation on behalf of his
principal.
Note. Amounts of lapsed deposits (cf. Rule 635 of the Treasury Rules,
Vol. I) should be passed on to the Railway Department for final credit.
935. Receipt for Direct Payments. In making direct payments to the persons
interested under the award, the officer should take the receipt of each person
to whom money is paid on a separate voucher in Form C (see Appendix V),
containing a reference to the item showing the amount due to that person in the
statement prescribed in paragraph 931. In cases where payments are made to a
number of persons under a single award, acquittance roll in Form CC (see
Appendix V) may be substituted for separate receipts in Form C. The officer
should forward the separate receipts of the payees or the acquittance roll as
the case may be, to the Accounts Officer when forwarding to him the account of
the month in which payment are made.
936. Civil Court Deposits. All payments into court for deposit under the
Act should be made by means of cheques in favour of the presiding officer of
the court, payable by order of the court to credit of Civil Court Deposits. The
cheques should be accompanied by receipts in triplicate, in Form D (see
Appendix V), duly filled up, of which one will be retained by the court for
record, and the other two returned duly signed to the officer who will keep one
copy and forward the other to the Accounts Officer with the accounts of the
month in which the payments are made. The amounts deposited in the court will
be charged off as railway expenditure in the Accounts of the officer and the
ultimate payments to the persons interested under the award will be arranged for
by the court under the rules for the payment of Civil Court Deposits.
Note.-- see note under para 934.
937. When a court has awarded any compensation in excess of the
officer's award, the further payment due, as entered in column 6 of the award
statement in Form B should be made into the court by means of a cheque, and the
procedure described in the preceding paragraph should be followed, Form D being
used with the necessary changes to give full particulars of the order of the
court.
938. Payments by Cheques. A special Land Acquisition Officer may make all
or any of his payments by cheques, provided no inconvenience is caused thereby
to the payees in consequence of the property being situated at a distance from
the treasury.
939. Payments after the Special Officer is relieved
of his Duties.-- In any case in which
a reference is made to the Civil Court, and the award of the Court is not made
till after the Special Officer has been relieved of his special duties, the
further payment due under the award should be made by the Collector who will
observe the same procedure (as if the reference to the Civil Court had been
made by himself as prescribed in paragraph 936 and 937 above).
Procedure for Collector or other Civil Officer
not specially employed
for Land Acquisition.
940. The Award.--When the land is taken up by the Collector or other Civil Officer
not specially employed for the work such Collector or Civil Officer is not a
Railway Department Disburser, but ordinarily draws money for payment due under
his award from the Civil Treasury from provincial funds and thereafter debited
to Railway through book transfer. But if a State Government so desires or if
any legal difficulty exists in any State, the Railway Administrations can
arrange to deposit in advance an amount determined on the advice of the State
Government, subject to suitable adjustment after the award is announced. The
Railway Administration should ensure that the amounts deposited by them in
advance with the State Governments are only to the extent necessary for
immediate payments. For this purpose they should enter into suitable
arrangements with the State Governments concerned to ascertain from them the
requirements of funds every month in advance.
941. The Collector or Civil Officer will as soon as he makes the
award or as soon as he ascertains that an award has been made by the Civil
Court, prepare a statement in Form A or B or in both, as the case may be,
showing the amounts due and forward a copy thereof to the Accounts Officer
concerned in the manner prescribed in paragraphs 931 and 932. Additions and
alterations in the award statement should be communicated to the Accounts
Officer as prescribed in paragraph 933 and a subsidiary statement in Form A
should, if necessary, be furnished as laid down in paragraph 931. The procedure
laid down in paragraph 934 should also be observed by Collector or Civil Officer.
942. Payment of Compensation.-In making the payments due under the award, the
Collector will take from each person to whom payment is made a receipt in Form
C, containing a reference to the payee. In the case of payment to a number of
persons under a single award, an acquittance roll may be substituted for
separate receipts as laid down in paragraph 935. These receipts will be the
Treasury Officer's vouchers for the payments, and will be forwarded by him with
accounts of the month to the Accountant General. For payments into Civil Courts
the procedure laid down in paragraphs 936 and 937 should be observed.
943. The Treasury Officer has no concern with the award or with
the award statement; he makes the payments on the authority of the Collector,
or other officer assessing compensation. The Collector may either draw the
amount to be disbursed to each payee separately, in which case he should
countersign the receipt in Form C, and make it payable at the treasury to the
payee altering the words "paid in my presence in cash/by cheque" to
"pay", or he may draw the total amount to be disbursed by him under
the award on his own receipt as an advance and after making the payments
forward the receipts of the payees to the Treasury Officer in adjustment of the
advance. In the former case, an advice list of the forms passed for payment
should be sent to the Treasury Officer, who in turn should send weekly in
advice of the orders paid.
944. Procedure when no Money Compensation is Paid.-In cases in which compensation is granted in the
shape of either land in exchange or remission of revenue as provided in Section
31(3) of the Act, and the land is acquired for Government purposes, no
adjustment of the value of the land given in exchange will be required, unless
it is separately purchased by Government. If, however, the land is acquired for
a body financially independent of Government, as in the case of acquisition of
land for the construction of a private siding, the value of the Government land
given in Exchange and the capitalized value of the abatement of land revenue
should be charged against the funds deposited by such body.
945. Accounts.-The Land Acquisition Officer will submit a brief monthly abstract
of receipts and disbursements showing the total cash received and expenditure
on each work in progress together with vouchers for all payments irrespective
of amount. The account will be sent direct to the Accounts Officer. The monthly
accounts of Civil Officer on receipt in Accounts Office will be checked in
accordance with the rules laid down in paragraph 947 to 949.
946. Receipts creditable to the railway realized by Civil
Officers acquiring land should not be expended but paid into the treasury to
the credit of the railway; the receipt and payments being recorded in the
monthly abstract of receipts and payments. The amount involved will be taken to
account by the Accounts Officer in deposing of the Civil Officer's accounts.
947. Internal Check of land Charges.--Whether the payment is made by a special
officer or by the Collector (or other Civil Officer) the internal check by the
Accounts Officers will consist in seeing that every payment is supported by a
receipt in Form C, CC, D or E and that the amount paid on such receipt is the
amount payable under the award, as shown in the statement of which he will have
received copies, vide paragraph 931. The Accounts Officer will also note in the
last column of Form A the date on which possession is taken as reported to him
by the Executive Engineer.
948. The Accounts Officer will, as he receives the vouchers fill
in the entries in the appropriate columns of the award statements (Forms A
& B); and as he receives the report of possession, filling the entries in
column 10 of the statement in Form A. When all the vouchers showing either
payment to the payee or payment into the court on deposit and reports of
possession have been received, he will forward the completed statements in
Forms A. AA and B to the Chief Revenue Authority of the State for record.
949. A register of charges for land taken by Civil Officers, whether
acting as railway disburser or not will be maintained by the Accounts Officer
in Form E-949, shown below, in which the particulars of acquisition of land
will be posted from the gazette notifications as they issue. On receipt of a
copy of the award prescribed in paragraph 931, the Accounts Officer will post
the amount and date into the register against the name of the work concerned;
and upon transmission of the completed award statement to the Chief Revenue
Authority, he will note the amount passed and the date in this register.
Acquisition of
Government Land in charge of the Military Authorities
950. Rules relating to the Acquisition
of Land.—No land, whether within
Cantonment limits, forming part of an encamping ground, or otherwise held for
military purposes, should be entered upon or occupied for any purpose whatever,
either by contractors or any other persons (official or non-official acting
under the orders of any Civil Department of the State, until the sanction of the
Central Government in the Ministry of Defence to the occupation or use of the
land has first been obtained, and communicated to the General Officer
Commanding the Division or independent Brigade. In all such cases,
the sanction of the Central Government will be obtained by the General Officers
Commanding Divisions or independent Brigades through the Quarter Master General
in India. These orders do not affect the power exercised by the
General Officer Commanding the Division or independent Brigade, to sanction the
grant of ordinary building sites in cantonments.
951. Application for such land when within Cantonment
limits should be made by the officer in charge of the works, to the Cantonment
Authority but in the case of a Military encamping ground or other State land in
military occupation application should be made to the General Officer
Commanding the Division or independent Brigade. The Military
Authorities will then take the necessary steps to obtain (i) the competent
sanction to enter into negotiations for the proposed transfer of land; when
this is sanctioned (ii) the opinion of the State Government, which should
invariably be recorded upon all applications and (iii) the sanction of the
Central Government to the occupation of the required land. In all cases where
the sanction of the Railway Board to the acquisition of such
land by a Railway Administration is necessary, the application for such
sanction should be made only after the sanction of the Central Government in
the Ministry of Defence has been obtained.
952. The application referred to above should be accompanied by
the usual land plans and schedules required by the rules relating to the
acquisition of land for railways. The plans should be full and complete and
should show all existing roads and buildings, and also rifle ranges if
interfered with in any way, and if any buildings are known to be used for
public purposes, or by special departments, their purpose and ownership should
be stated.
953. On receipt by the local Military Authorities of the sanction
referred to in paragraph 950 above, they will at once transfer the land. In all
cases, however, where the land is being transferred without the retention of
rights over such land the transfer should be effected, through the Revenue Authorities,
who will also, when necessary, assess the value of such land, and the value
according to such assessment should be debited and credited to the proper
Railway and Civil Accounts head respectively. No notification in the local
Gazette is necessary.
Proviso-The above rule does not
apply to adjustment of boundaries by mutual consent which may be effected
without the intervention of the Civil Authorities, but covers the exchange of
separate plots of land.
954. In the case of privately owned land in cantonments the
provisions the Land Acquisitions Act should be applied, but it will be
necessary in the first place for the officer applying to obtain the sanction of
the Central Government in the Ministry of Defence to the occupation of the land
as prescribed in paragraph 950 above.
955. The procedure laid down in Chapter XXI of the Cantonment
Code, 1912 for application for permission to occupy, for the purposes of a
building site, land belonging to the Government in a Cantonment, applies to
private Railway Companies and individuals only, and not to Government owned
Railways.
956. Rules Relating to Restrictions on the use of
Land.-The following rules
govern the construction of buildings, & c., on land in the charge of
Military Authorities or of Civil Departments, lying within the authorized zones
of works of defence :-
(i) Clearance zones will be prescribed and clearly demarcated in
the vicinity of all the works of defence which are enumerated in paragraph 336
of Army Regulations, India Volume II and such other fortifications or places as
the Central Government may decide.
(ii) In such zones all land will be dealt with in accordance with
the Indian Works of Defence Act.
(iii) When a clearance zone has been notified, except in so far as
the notification may authorize modifications, no infringement of the
restrictions imposed under the Act should be permitted by any official or
private person without the previous sanction of the Officer Commanding or
General Officer Commanding within their powers of exemption as specified in the
Act,. or by the Central Government.
(iv) Without the previous sanction of the Central Government, no
State land within the prescribed clearance zones should be transferred to, sold
to, exchanged with or permanently occupied by, any private person or
Municipality or Corporation, not immediately subject to the executive orders of
the Central Government.
957. When a zone has been prescribed, and contains land in
occupation by a railway the Officer Commanding shall inform the Railway Authorities
in whose charge the land may be, of the area of the land thus affected and of
the restrictions which will be applied. Any modification of the original
restrictions will be similarly communicated.
Proviso-Rules in paragraph 955 and 956 do not apply to
the defences of Fort William, Calcutta, and Fort St. George, Madras, concerning
which special regulations exist.
958. In the case of private land notified under section 3 of the Indian
Works of Defence Act VII of 1903, that is land which is to be kept clear of
buildings and other obstructions, the procedure in regard to the construction
of works, & c., thereon is that laid down in section 7 of the Act, extracts
of which are reproduced below :-
Extracts from the Indian Works of Defence Act,
VII of 1903. as amended by Act V of 1909
Section 3(1) Whenever it appears to the provincial government that it is
necessary to impose restrictions upon the use and enjoyment of land in the
vicinity of any work of defence or of any site intended to be used or to be
acquired for any such work, in order that such land may be kept free from
buildings and other obstructions a declaration shall be made to that effect
under the signature of a Secretary to such Government or of some officer duly
authorized to certify its orders.
(2) The said declaration shall be published in
the local official Gazette and shall state the district or other territorial
division in which land is situated and the place where sketch plan of the land
which shall be prepared on a scale not smaller than six inches to the mile and
shall distinguish the boundaries referred to in Section 7, may be inspected;
and the Collector shall cause public notice of the substance of the said
declaration to be given at convenient places in the locality.
(3) The said declaration shall be conclusive
proof that it is necessary to keep the land free from buildings and other
obstructions.
Section 7. From and after the publication of the notice
mentioned in Section 3, Sub-section (2) such of the following restrictions as
the State Government may, in its discretion declare therein shall attach with
reference of such land namely :-
(a) Within an outer boundary which, except so
far as is otherwise provided in Section 39. Sub- section 4, may extend to a
distance of two thousand yards from the crest of the outer parapet of the work
:-
(i) No variation shall be made in the ground level, and no
building, wall bank or other construction above the ground shall be maintained,
erected, added to or altered other wise than with the written approval of the
General Officer Commanding the Division, and on such conditions as he may
prescribe;
(ii) No wood, earth, stone, brick, gravel, sand or other material
shall be stacked, stored, or otherwise accumulated;
Provided that, with the written approval of the
General Officer, Commanding the Division, District or Brigade and on such
conditions as he may prescribe, road ballast, manure and agricultural produce
may be exempted from the prohibition; provided, also, that any person having
control of the land as owner, lessee, or occupier shall be bound forthwith to
remove such road ballast, manure or agriculture produce, without compensation,
on the requisition of the Commanding Officer.
(iii) No surveying operation shall be conducted otherwise than by
or under the personal supervision of public servant duly authorized in this
behalf, in the case of land under the control of the Military Authority, by the
Commanding officer and in other cases by the Collector with the concurrence of
the Commanding Officer; and
(iv) Where any building, wall, bank or other
construction above the ground has been permit ted under clause (I) of this
sub-section to be maintained, erected, added to or altered, repairs shall not,
without the written approved of the General Officer Commanding the Division be
made with materials different in kind from those employed in the original
building, wall, bank or other construction.
(b) Within a second boundary which may extend to
a distance of one thousand yards from the crest of the outer parapet of the
work, the restrictions enumerated in clause (a) shall apply with the following
additional limitations, namely :----
(1) No building, wall, bank or other
construction of permanent materials above the ground shall be maintained or
erected;
Provided that, with the written approval of the
General Officer Commanding the Division and on such conditions as he may
prescribe huts, fences and other constructions of wood or other materials
easily destroyed or removed, may be maintained, erected, added to or altered;
Provided, also, that any person having control
of the land as owner lessee or occupier shall be bound forth with to destroy or
remove such huts, fences or other constructions, without compensation upon an
order in writting signed by the General Officer Commanding the Division,
District or Brigade; and
(2) Live hedges, rows or clumps of trees or
orchards shall not be maintained, planted, added to or altered otherwise than
with the written approval of the General Officer Commanding the Division and on
such conditions as he may prescribe.
(c) Within a third boundary which may extend to
a distance of five hundred yards from the crest of the outer parapet of the
work, the restrictions enumerated in clauses (a) and (b) shall apply with the
following additional limitation, namely --
No building or other construction on the
surface, and no excavation, building or other construction below the surface,
shall be maintained or erected;
Provided that, with the written approval of the
Commanding Officer and on such conditions as he may prescribe, open railings
and dry brushwood fences may be exempted from this prohibition.
Miscellaneous
959. Land for Assisted Sidings.-The land required for an assisted siding outside
the railway boundaries will be acquired under the Land Acquisition Act by the
Railway Administration which undertakes the construction of the siding at the
cost of the applicants. An estimate of the cost of the land which will be
prepared by the Railway Administration will be sent to the applicants who
should deposit the amount before any steps are taken for the acquisition of the
land. The applicants should also agree to pay on demand such excess cost, if
any, as may be incurred in the acquisition of the land. Land so acquired will
vest absolutely in the Union of India and the applicants for the siding will
have no right or claim thereto.
960. Legal Proceedings.-When a point of law is at issue in connection
with any land acquisition proceedings, the state government or administration
should be consulted before legal proceedings are entered upon.
Multiple choice questions:
Question 1:
When land is required for railway purposes, to whom should the application
first be made?
A) The Chief Engineer
B) The General Manager
C) The Revenue Officer in-charge of the district
D) The Railway Board
Answer: C) The Revenue Officer in-charge of the district
Question 2:
Which document should accompany an application for acquiring land for railway
purposes to specify the extent of the land?
A) A brief general description of
the route
B) A complete set of land plans and schedules
C) The names of the civil districts
D) The cost estimate of the land
Answer: B) A complete set of land plans and schedules
Question 3:
In cases where land acquisition extends to more than one district but within
one division, the application should be made to:
A) The Chief Revenue Authority of
the State
B) The Commissioner
C) The Revenue Officer in-charge of the district
D) The Railway Board
Answer: B) The Commissioner
Question 4:
For better identification of land, which scale should be used for the sketch
map?
A) 0.1 km to a cm
B) 0.5 km to a cm
C) 1 km to a cm
D) 2 km to a cm
Answer: B) 0.5 km to a cm
Question 5:
Who must countersign the data when the estimated value of land exceeds Rs.
25,000 in any one district?
A) The General Manager
B) The Revenue Officer
C) The Commissioner of the division
D) The Chief Engineer
Answer: C) The Commissioner of the division
Question 6:
In the reports and estimates submitted by Railway Administration, what should
be mentioned regarding the land estimates?
A) The total area of the land
B) Whether or not the estimates have been prepared from data furnished by the
Revenue Authorities
C) The names of the villages affected
D) The cost of the trees on the land
Answer: B) Whether or not the estimates have been prepared from
data furnished by the Revenue Authorities
Question 7:
Who is empowered to sanction the acquisition of land prior to the preparation
and sanction of estimates in case of urgency?
A) The Revenue Officer
B) The General Manager
C) The Chief Engineer
D) The Railway Board
Answer: B) The General Manager
Question 8:
After the publication of the declaration under section 6 of the Land
Acquisition Act, who will direct the Collector to acquire the land?
A) The Railway Board
B) The Chief Engineer
C) The State Government or Administration
D) The General Manager
Answer: C) The State Government or Administration
Question 9:
Who should be notified of the day on which the inquiry for land valuation is to
be held?
A) The Chief Engineer
B) The Railway Administration or their chief local representative
C) The Commissioner
D) The General Manager
Answer: B) The Railway Administration or their chief local
representative
Question 10:
Possession of the land will be taken over by a representative not lower in
status than:
A) The General Manager
B) An Inspector of Works of the Engineering Department
C) The Revenue Officer
D) The Commissioner
Answer: B) An Inspector of Works of the Engineering Department
Question 11:
What should be done if the cost of land exceeds the amount of the sanctioned
estimate during proceedings?
A) Stop the acquisition process
B) Apply for additional funds without a revised estimate
C) Report the excess to the Railway Administration and frame a revised estimate
D) Seek approval from the Chief Engineer
Answer: C) Report the excess to the Railway Administration and
frame a revised estimate
Question 12:
What document must be furnished with the application for land acquisition for
extensive areas?
A) A copy of the order of Government
sanctioning the construction
B) A list of civil districts
C) A brief general description of the route
D) All of the above
Answer: D) All of the above
Question 13:
If land is required for temporary occupation under Section 35 of Act I of 1894,
what should be clearly stated?
A) The purpose of the acquisition
B) The cost estimate
C) That permanent acquisition is not required
D) The names of affected villages
Answer: C) That permanent acquisition is not required
Question 14:
Which section of the Land Acquisition Act includes the provision of additional
compensation at 15%?
A) Section 23(1)
B) Section 23(2)
C) Section 11
D) Section 6
Answer: B) Section 23(2)
Question 15:
Who will sign the certificate indicating that the land has been correctly made
and taken over?
A) Only the Railway Authority
B) Only the Revenue Authority
C) Both Revenue and Railway Authorities
D) The Commissioner
Answer: C) Both Revenue and Railway Authorities
16.What
should a completion report show when acquisition has been finally completed and
awards made?
- A. The estimated expenditure of the land acquisition
- B. The actual expenditure incurred on the acquisition
- C. The projected future value of the land
- D. The original planned expenditure
Answer: B. The actual expenditure incurred on the acquisition
17.Under
what circumstance does a Railway Administration need to submit a completion
report to the Railway Board for open line works costing less than Rs. one
crore?
- A. Only when there is a surplus in expenditure
- B. Only when the project is completed ahead of
schedule
- C. Only when there is an excess over the original or
revised estimate
- D. Only when the land acquisition takes more than a
year
Answer: C. Only when there is an excess over the original or revised
estimate
18.Who
acquires land required by a Railway Administration under the Land Acquisition
Act?
- A. The District Collector or a Special Officer
- B. The Railway Board
- C. The State Government
- D. The local municipal authorities
Answer: A. The District Collector or a Special Officer
19.What
should Special Land Acquisition Officers be regarded as when they are placed at
the disposal of the Ministry of Railways?
- A. State Government Employees
- B. Railway Disbursers
- C. Civil Court Judges
- D. Revenue Inspectors
Answer: B. Railway Disbursers
20.What
must Special Land Acquisition Officers submit daily to the Accounts Officer
when authorized to have a drawing account with a treasury?
- A. Weekly expenditure report
- B. Monthly income statement
- C. Daily statement of cheques drawn and money
deposited
- D. Annual budget summary
Answer: C. Daily statement of cheques drawn and money deposited
21.Which
form is used by the officer to prepare a statement showing the amounts payable
to each person under the award?
- A. Form A
- B. Form B
- C. Form C
- D. Form D
Answer: A. Form A
22.In
the case of court-awarded compensation, which form is used for preparing a
second award statement?
- A. Form A
- B. Form B
- C. Form C
- D. Form D
Answer: B. Form B
23.What
should an officer do if persons interested in the award do not appear to
receive their payment?
- A. Cancel the payment
- B. Deposit the amounts in the Treasury as revenue
deposit
- C. Return the amounts to the Railway Accounts Officer
- D. Issue a public notice for further action
Answer: B. Deposit the amounts in the Treasury as revenue deposit
24.Which
form is used to take receipts from persons interested under the award for
direct payments?
- A. Form A
- B. Form B
- C. Form C
- D. Form D
Answer: C. Form C
25.How
should all payments into court for deposit under the Land Acquisition Act be
made?
- A. By cash deposit at the local bank
- B. By means of cheques in favor of the presiding
officer of the court
- C. By online transfer to the court's bank account
- D. By postal money order to the court
Answer: B. By means of cheques in favor of the presiding officer of
the court
26.Who
should handle further payments if a Special Officer has been relieved of his
duties but a court award is made after?
- A. The Railway Board
- B. The original Special Officer
- C. The Collector
- D. The Chief Revenue Authority
Answer: C. The Collector
27.In
what form should amounts of lapsed deposits be passed on to the Railway
Department?
- A. Form A
- B. Form B
- C. Form C
- D. Form E
Answer: D. Form E
28.When
land is taken up by the Collector or other Civil Officer not specially employed
for land acquisition, from where is the payment drawn?
a.
Railway Treasury
b. Civil Treasury from provincial funds
c. Personal funds of the Collector
d. Private banks
Answer: b. Civil Treasury from provincial funds
29.What
should the Railway Administration ensure when depositing amounts in advance
with the State Governments?
a.
Deposits cover all future payments
b. Deposits cover only immediate payments
c. Deposits are made annually
d. Deposits are adjusted quarterly
Answer: b. Deposits cover only immediate payments
30.What
form should the Collector or Civil Officer use to prepare a statement showing
the amounts due after making an award?
a.
Form A or B
b. Form C
c. Form D
d. Form E
Answer: a. Form A or B
31.What
is taken from each person to whom payment is made under the award?
a.
Bank details
b. Receipt in Form C
c. Identification proof
d. Contract agreement
Answer: b. Receipt in Form C
32.Who
makes the payments on the authority of the Collector or other officer assessing
compensation?
a.
Railway Department Disburser
b. Treasury Officer
c. State Government
d. Central Government
Answer: b. Treasury Officer
33.What
should be included in the monthly abstract of receipts and disbursements
submitted by the Land Acquisition Officer?
a.
Total cash received and expenditure on each work in progress
b. Only the total cash received
c. Only the total expenditure on each work
d. Future projected expenses
Answer: a. Total cash received and expenditure on each work in
progress
34.What
should be done with receipts creditable to the railway realized by Civil
Officers acquiring land?
a.
Expended on railway projects
b. Paid into the treasury to the credit of the railway
c. Transferred to the State Government
d. Used for administrative costs
Answer: b. Paid into the treasury to the credit of the railway
35.What
is required before land in charge of the Military Authorities can be entered
upon or occupied?
a.
Approval from the Railway Administration
b. Sanction of the Central Government in the Ministry of Defence
c. Consent of the local municipal authority
d. Permission from the Collector
Answer: b. Sanction of the Central Government in the Ministry of
Defence
36.When
the local Military Authorities receive the sanction to transfer land, who
should effect the transfer if the land is being transferred without retention
of rights?
a.
Railway Administration
b. Civil Authorities
c. Private contractors
d. State Government
Answer: b. Civil Authorities
37.What
is the procedure if land compensation is granted in the shape of land in
exchange or remission of revenue?
a.
Value of land given in exchange will be adjusted unless separately purchased
b. Compensation is paid directly to the payees
c. No record of the exchange is required
d. Compensation is granted in cash
Answer: a. Value of land given in exchange will be adjusted unless
separately purchased
38.For
what purpose should an estimate of the cost of land be sent to the applicants
in the case of assisted sidings?
a.
To begin construction
b. For acquisition of the land
c. For railway maintenance
d. For legal proceedings
Answer: b. For acquisition of the land
39.What
must be obtained first in the case of privately owned land in cantonments
before applying the Land Acquisitions Act?
a.
Sanction of the Central Government in the Ministry of Defence
b. Consent of the Railway Administration
c. Approval from local municipal authorities
d. Permission from the landowner
Answer: a. Sanction of the Central Government in the Ministry of
Defence
40.What
must accompany an application for land within Cantonment limits?
a.
Plans and schedules showing existing structures
b. Proof of financial capability
c. Letters of recommendation
d. Consent from local authorities
Answer: a. Plans and schedules showing existing structures
41.What
is the requirement for the internal check by Accounts Officers regarding land
charges?
a.
Supported by a receipt in Form C, CC, D or E
b. Based on verbal agreements
c. Done quarterly
d. Without the need for documentation
Answer: a. Supported by a receipt in Form C, CC, D or E
42.Under
what act are the clearance zones around works of defence prescribed and
demarcated?
a.
Indian Works of Defence Act
b. Land Acquisition Act
c. Military Lands Act
d. Railway Administration Act
Answer: a. Indian Works of Defence Act
43.What
should be done if a point of law is at issue in connection with land
acquisition proceedings?
a.
Consult the state government or administration before legal proceedings
b. Proceed with the acquisition without consultation
c. Contact the Railway Board for advice
d. Refer the issue to the local municipal authority
Answer: a. Consult the state government or administration before
legal proceedings
44.What
is prohibited within the first boundary extending 2000 yards from the crest of
the outer parapet of a work of defence?
a.
Planting trees
b. Building constructions without approval
c. Farming activities
d. Grazing livestock
Answer: b. Building constructions without approval
45.What
additional restriction applies within the second boundary extending 1000 yards
from the crest of the outer parapet of a work of defence?
a.
No construction of permanent materials above the ground
b. No planting of crops
c. No vehicle parking
d. No fencing
Answer: a. No construction of permanent materials above the ground
46.What
materials may be maintained or erected within a third boundary extending 500
yards from the crest of the outer parapet of a work of defence with approval?
a.
Open railings and dry brushwood fences
b. Permanent buildings
c. Large structures
d. Water reservoirs
Answer: a. Open railings and dry brushwood fences
47.What
must accompany an application for the acquisition of land for railways?
a.
Land plans and schedules
b. Budget proposals
c. Environmental impact assessments
d. Public consent forms
Answer: a. Land plans and schedules
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