AUDIT, ADJUSTMENT AND RECOVERY OF PAYMENTS ON BEHALF OF BODIES FINANCIALLY INDEPENDENT OF GOVERNMENT

 

77.       (Government of India resolution No.2299-A, dated 10th May, 1885, paragraph 22)- In any case in which land is acquired for a municipality or other body financially independent of Government, the State Government may direct that the payments instead of being made and audited in the same manner as the ordinary payments of such body, shall be made and audited as if the land were being acquired for Government.  If the State Government issues such an order the Collector of the district or other officer who makes payments on account of the land acquired shall draw funds from the treasury and make payments in the manner laid down  in these rules, using the forms prescribed, and shall render his accounts to the civil Accountant General.  The municipality or other body will pay the estimated cost of the compensation to the credit of Government in advance on such dates, and in such instalments as the State Government may direct, further payment to Government being required as soon as the Accountant General reports that the payments made exceed the amount received in advance.  The Accountant General will deal with the account and payments as prescribed in these rules, debiting the payments against the advances received from the municipality or other body.

 

M.       PAYMENT OF COMPENSATION AFTER AN AWARD MADE  BY A COURT

 

78.       Payment for compensation - The general rules for payment of compensation after an award by the Collector of the district or special acquiring officer has been made, apply also to payment after an award by a court.  The following further provisions must also be observed: -

(I)        Payments of compensation after award by the court copy of court’s decision to be sent to Accountant General, (Paragraph 5—Government of India resolution No.2209-A, dated the 10th May 1895) - 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 the form marked B, below by the officer acquiring the land as soon as the decision of the court is ascertained and a copy thereof forwarded to the Accountant General or other audit officer with whom he is in account.  On receipt of this statement the audit officer will proceed to check the entries in columns 1 to 4 with the original award of the officer.

 

 

Note:--The attention of disbursing officers is invited to articles 87 and 88 of the Civil Account  Code.  Money should not be drawn from the treasury until it is required for immediate disbursement.  When giving notice of the award, the Land Acquisition Officer should fix a period of one month (or such longer period as may seem necessary) a head for the representative to appear and receive payment of the compensation due to them.  Money due to these who fail to appear on the day fixed for disbursement should be deposited in treasury without delay unless the Acquisition Officer has reason to believe that these persons are likely to appear to receive at an early date.  The deposit of such sums in the treasury in no way prejudices the claims of the payees and it relieves the acquisition officer of responsibility for the custody of the sums in question.

 

FORM    B

 

No. and date of statement_____________________________________

Name of work for which land has been acquired______________________

No. and date of declaration in,__________Gazette, viz., No.___________

Dated_________page_____________________________

Statement showing the amount of compensation awarded by the court of____

________________under section 26 of Act I of 1894.

1

2

3

4

5

6

7

8

Serial No. in the statement of award under section 11 of the Act

Names of persons to whom payment is due under the award

Amount originally awarded

Amount paid by Collector under the original award

Total amount awarded

 by the

court

Further payments due

Remarks

No. and date of voucher

 

 

Rs.  nP.

Rs.   nP.

Rs.   nP.

Rs.   nP.

 

 

 

 

 

78-II    Communication of charge in appointment (Paragraph 6, Government of India resolution No.2209-A, dated 10th May, 1895) - Any change in the apportionment of the Land Acquisition Officer’s award made by a court under section 30 of the Act should similarly be communicated to the Accountant General for the necessary correction in the award statement.  And if, under section 31(3) of the Act, it has been arranged to grant compensation otherwise than in cash, the nature of such compensation should be clearly specified in the column of remarks in the award statement.

 

78-III  Payments into court how made, paragraph 9, Government of India resolution No.2209-A, dated 10th May 1895 - All  payments into court for deposits 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 with receipts in triplicate in Form D below duly filled up, of which one will be retained by the court for record and the other two returned duly signed to the Collector, who will keep one copy and forward the other to the audit officer with the accounts of the month in which the payments are made, payments of the amounts, deposited shall be made under the rule for the payment of Civil Court deposits.

 

 

FORM  D

FORM  D

 

FORM  D

Name of work for which land has been acquired. To the judge of the court at ____. The sum of Rs. _____ on account of compensation for land taken up for the above purpose, payable as detailed below is tendered for deposit in court under section 31(2) of Act I of 1894

   Name of work for which land has been acquired. To the judge of the court at ____. The sum of     Rs.____ on account of compensation for land taken up for the above purpose, payable as detailed below is tendered for deposit in court under section 31(2) of Act I of 1894

    Name of work for which land has been acquired. To the judge of the court at ____. The sum of Rs._____ on account of compensation for land taken up for the above purpose, payable as detailed below is tendered for deposit in court under section 31(2) of Act I of 1894

 

                                               

Serial No. in award

statement No.

Names of parties

Area of Land

Amount payable to each

Remarks

Serial No. in award

statement No.

Names of parties

Area of land

Amount  payable to each

Remarks

Serial No. in award

statement No.

Names of parties

Area of land

Amount payable to each

Remarks

                          Acres   Rs.P.

 

 

                                 Acres    Rs.P.

                                Acres     Rs.P.

Total

 

Total

Total

           

 

 

Land Acquisition Officer           Land Acquisition Officer           Land Acquisition Officer

            ------------                              -------------                             ----------

                                     

Dated__________20               Dated__________20               Dated__________20

 

Received the above for          Received the above for    Received the above for

Credit to civil court                 credit to civil court          credit to civil court

deposits                                    deposits                        deposits

 

      Judge                           Judge                                     Judge

----------------            -------------------                    ----------------- 

                                               

Note:-This form should be          Note:-This form should be    Note:-This form should be

          used when the amount      used when the amount               used when the amount

          of compensation due are     of compensation due are          of compensation due are

          sent to a civil court for      sent to civil court for                   sent to civil court for

          deposit.                                              deposit                                                 deposit.

 

 

78-IV   Compensation in excess to be paid in the court—(paragraph 10, 0-qaGovernment of India resolution No.2209-A, dated 10th May 1895) - When a court has awarded any compensation in excess of the acquiring officer’s award, 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.

 

78-V    Payments when to be made by the Collector of the district-(Paragraph 12, Government of India, resolution No.2209-A, dated 10th May,1895) - 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 shall be made by the Collector of the district, who will observe the same procedure as if the reference to the civil court had been made by himself as prescribed above.

 

78-VI   Investments—(paragraph 21, Government of India resolution No.2209-A, dated 10th May 1985)- Investments, under sections 32 and 33 of the Act, of money DEPOSITED IN COURT should be arranged for, in the case of purchase of Government securities in communication between the court and the Deputy Controller of the Currency and purchase of land should be effected under the court’s orders through the Collector of the district or other revenue authority of the province.  The Deputy Controller of the Currency will inform the court what sum should be remitted to enable him to make the investment, and this amount will be paid from the deposit in court.

 

N. REDUCTION  OF  LAND  REVENUE

 

79.       Yearly statement of reduction of revenue - The Collectors of districts will by a date not later than May 1st of each year submit to the Financial Commissioner a statement in the following form showing the khalsa amount of reduction from the land revenue roll due on account of land acquired during the past financial year.  The statement should be prepared by the Deputy Commissioner on the basis of the award statement and the certificate received by him under paragraph 73(i) supra.  Copies of the award statement (returned after audit in accordance with paragraph 76(III) will be retained in the Deputy Commissioner’s office in order to check and ensure that the reduction proposal got sanctioned tallies with the audited statements.  The audited statements will henceforth be destroyed in Deputy Commissioner’s office in due course.  In case of any discrepancy, the matter will be reported promptly by him to the Financial Commissioner.

            Statement showing reduction in revenue of land taken up for requiring sanction of the Financial Commissioner.

 

 

Yearly revenue of estate

Yearly revenue of land acquired

Reduction of revenue to be made in rent roll for

Future Jama

Amount to be remitted for harvests previous to incorporation of reduction in rent rolls

Number

Estate ad tehsil

No. and date of notification

Khalsa

Jagir

Khalsa

Jagir

Khalsa

Jagir

Date of possession

Harvest and year from which reduction proposed.

Khalsa

Jagir

1

2

3

4

5

6

7

8

9

10

11

12

13

 

N.B.—If any reduction of Khalsa revenue is required the statement should be submitted whether the land is taken up by private bargain or under compulsion.  Where no such reduction is required, the fact should be noted in the compensation  statement and the district register and the reduction statement need not be in such cases be submitted,--vide note 4 to statement A in paragraph 73 supra.

 

Column 13 to 14 should show the actual amounts evolved, not neglecting fractions of a rupee (c.f. paragraph 10 of Standing Order No.31).

 

 

Dated-------------,20   .

                                                            Collector

 

            In case of land taken up for canals the Collector of the district will send a copy of the above statement to the divisional canal  officer concerned.

 

80.       Reduction how calculated- The reduction of land revenue to be granted must be calculated according to the amount actually paid to Government as land revenue on the plots taken up or if no specific amount is assessed on them, the settlement rate of the village for the particular class of land should be applied.

 

81 (I)   Revenue demand on acquired land when payable.– (Government of India Nos. 2055, dated 26th July, 1877 and 3510, dated 8th October, 1877)- When land paying revenue to Government is taken up for a public purpose the revenue demand will be reduced if the work is chargeable to Central or State revenues.  It shall be the responsibility of the Land Acquisition Naib-Tehsildar accompanying the Land Acquisition Collector to get the mutations entered by the Revenue Patwari in his presence, either at the time the award is announced or soon thereafter, when the necessary statements under para 55 showing the particulars of the land acquired are prepared and then attest such mutations on the spot.  Entry of such mutations and their attestation should be completed by them within one month of the preparation of statement under para 55.  However, the Circle Revenue Officers should not cease to be responsible for getting such mutations entered and attested in case the Land Acquisition Naib-Tehsildar or Tehsildar, for any reason, has been unable to do so.  Such mutations must be decided by the end of July at the latest so that reduction in the land revenue may be made in the Rent Rolls which are submitted before the Financial Commissioner in the month of September.  Entries in the Dhall Bachh should also be corrected accordingly.

 

81-II    Land to contribute  Revenue or exempted from the Revenue – (Government of India, Revenue and Agriculture Department No.613-134, dated 7th May, 1884) - Land taken up for works chargeable to district or municipal funds falls under two heads viz :--

 

(a)        Land appropriated for markets, cart stands and similar objects from which income is raised, will continue to contribute their share of land revenue and cesses.

(b)        Lands taken up for roads, avenues, sites of hospitals, dispensaries, schools and the like, which yield no return to local  bodies and are devoted to public purposes, will be exempted so long as the condition on  which the exemption is made is fulfilled.

 

81-III  Land Revenue for lands acquired for PSUs  - When land yielding revenue to Government is acquired for an autonomous body or Board or Government commercial undertakings, capitalized value at 25 times the land revenue shall be charged.

 

81-IV   Land Revenue for lands acquired for a private body  - When land yielding revenue to Government is acquired for an individual or a private body, industry, company, institution, etc. land revenue demand shall not be reduced; even though a nominal sum is contributed by the Government toward the cost of acquisition.

 

All cases in which it is intended to exempt land from assessment should be referred for the orders of the Financial Commissioner.

 

82.       Reduction from which crop to be reckoned - The reduction in the rent roll will be effected from the kharif harvest following the date of submission of the statement prescribed in paragraph 79.  Collectors are competent to sanction in such cases the remission of land revenue borne on the rent roll previous to reduction.  If possession of the land is taken after the rabi crops usually begins, the land revenue will be remitted with effect from the kharif harvest, otherwise with effect from the rabi.  The year-wise details of the amount remitted by the Collector as above should be entered in the remarks column of the statement.

 

O.    TEMPORARY  OCCUPATION

 

83 (I)   Procedure for temporary occupation- The temporary occupation of land requires no declaration in the Gazette but it requires the sanction of Government if action is to be taken under part VI of the Act.  Application should be made to Government through the same channel as an application for the issue of a notification under section 6--,vide paragraph 30 (supra).  The Collector of the district will take action on the sanction of Government being communicated to him.

 

83-II    What land may be acquired temporarily - Only waste and arable land can under section 35(I) be acquired for temporary occupation.  Buildings sites cannot, therefore, be so taken up under the Act.

 

83-III  When by Private negotiations- When land is temporarily taken up by private bargain and without recourse to the provisions of Part VI of the Act, the negotiations should be carried out and completed by the departmental officer.  The Collector of the district will give the departmental officer any information he may require as to rent, etc., but he will not himself conduct the negotiations.

 

83-IV   - Copy of agreement to be sent to the Collector  - The departmental officer should send the Collector of the district a copy of the agreement arrived at with the owners and occupiers of the land.

 

84.       Now paid for - For land temporarily occupied a yearly rent will ordinarily be paid.  Such rent should be paid through the Collector of the district, and not by the departmental officer direct, whether the land has been occupied under Part VI of the Act or by private agreement.

 

            The amount of land revenue  suspended under paragraph 85-III infra, should be deducted from the amount of compensation before it is paid to the owners and former occupants.  The Collectors should ensure that this direction is one overlooked.

                       

85 -I    Titles of owners and former occupants - The owners and former occupants shall receive an extract from the field registers, describing precisely their tenure and the extent of the lands they will eventually be entitled to recover.

 

85-II.   Land revenue, how treated - The temporary occupation will not interfere with the liability of the person settled with to pay land revenue, and no reduction of revenue will be sanctioned.

 

85-III.  Suspension of land revenue - In cases where compensation is not paid to owners before taking over possession, the Collector should suspend the land revenue demand of the land temporarily acquired after taking over possession. If possession of the land is taken after the rabi crop has been cut and before the date on which the harvesting of the kharif crop usually begins, the land revenue will be suspended with effect from the kharif harvest, otherwise with effect from the rabi harvest.  Care should be taken to ensure that the amount of such suspended land revenue is not remitted but is deducted from the amount of compensation before it is paid to the owners and former occupants.

 

P. ABANDONMENT  OF  LAND  TAKEN  UP  PERMANENTLY  OR  TEMPORARILY

 

86.       Procedure to be followed when lands temporarily occupied are abandoned  - Sections 36 and 37 of the Act provide for the procedure to be followed when lands temporarily occupied are abandoned.

 

87.       Deleted

 

87.       ORDER

 

In partial super session of the Financial Commissioner’s Standing Order No.28 (Land Acquisition No.28) following amendments are hereby ordered with immediate effect:-

 

1.                  The following shall be inserted as Para No.87 after the existing Para No.86  :-

 

“Where the land acquired for a public purpose under the provisions of Land Acquisition Act, 1894 becomes surplus and/or is not required by the Acquiring Department the same shall be disposed of in the following manner:-

 

(i)                  Transfer of any of the Departments of the Government of Punjab or  State Public Undertaking at appropriate price;

(ii)                In case the disposal is not possible in the manner mentioned at (i) above, by sale through public auction.”

 

II.                             The existing Para No.87-A shall be substituted as under:-

“Each District Collector in the State should every three years on 31st March, prepare and forward a statement to the Acquiring Department  showing the lands that have been acquired in his district for public purposes but not utilised as such during the period under report. The Acquiring Department/Undertaking, thereupon, shall evaluate the scheme/project for which it was acquired. In case they do not require it or the same or a part thereof is found surplus, the procedure as laid down in Para No.87 shall be followed for the disposal of the said land.”

 

                                   

                                                BHAGAT SINGH

                                                                        Financial Commissioner and                                                                     Secretary to Government of Punjab

Chandigarh The 21st April, 2003     Department of Revenue and Rehabilitation  

 

 

88.       Land owing department to comment on the rendition price - The department by which the land is surrendered should be given an opportunity of criticizing the rendition price to be demanded and of commenting upon any bid or tender before it is accepted.

 

89.       Collector to propose a assessment - In every case, whether the terms offered are accepted or the rendition price is not subject to any objection, the Collector of the district should report for the orders of the Financial Commissioner, in the form given below, the assessment which he proposes to impose on the land.  The assessment proposed should be framed according to the classification or description of the land at the time of relinquishment and at the assessment rates sanctioned for  land of the same class or description in the vicinity at the previous settlement.  Culturable land not actually under cultivation should be assessed until the next settlement at the rates, if any sanctioned for such land.  “Care should, however, be taken that the land revenue imposed on such land does not raise the total assessment of the circle in which it is situated by more than one-fourth of the net assets of the circle.  If  the land  forms part of an estate and is not excluded from the provisions of section 51(3) by section 51(4) of the Punjab Land Revenue Act, 1887, this object can in most cases be secured for all practical purposes by providing that the average rate  of incidence on such land does not exceed the average rate of the estate in which it is included. Any case in which this is not suitable, as for example of especially valuable land, should be referred for orders.  If, however, the land consists of a fresh estate, the rate of incidence of the assessment imposed thereon should not be such as to raise the existing average rate of incidence of the assessment circle beyond the limit prescribed in section 51(3)”.  It should be explained to the persons to whom the land is sold or restored that it is sold or restored subject for the period of the current settlement to assessment approved by the Commissioner.

 

Statement of proposed addition to the rent roll of________________on account of land released from occupation by the ____________department.

 

1

2

3

4

5

6

7

8

9

10

11

12

13

Tehsil

Village

Khalsa

 

or

 

Jagir

Area of land released

Description of land released

Settle-ment rate per acre

Jama at settlement rate

Amount To be added to rent roll

Present Jama of village

Total proposed Jama

Harvest from which increase is to take place

Amount to be collected as fluctuating revenue for harvest previous to incorporation  of increase in rent roll with details of harvest

Remarks

 

 

 

 

 

 

 

 

 

 

 

 

State here(1) date of notifications or order under which the land was acquired ;(2) the condition of the land and the time; (3) the price per acre then paid;(4) the condition of the land at the time of relinquishment;(5) the present condition of the land;(6) the date of the order; if any, reducing the revenue on the land;(7) the terms on which it is proposed to restore it.

 

            Note- Column 12 should show the actual amount to be collected.  Not neglecting fractions of a rupee (c.f. paragraph 10 of Standing Order No.31)

 

90.       Sums realised from the sale, how dealt with - Sums realised by the lease or sale of land, in accordance with these instructions will be credited by the Collector of the district to the department on account of which they were acquired.  Collectors are directed to bring to the notice of the Financial Commissioner any case in which land previously occupied for public purposes is restored by the public officer or by the company incharge thereof otherwise than in the manner prescribed in these orders.

 

Q.  DISPUTES  AS  TO  BOUNDARIES  OF  LAND ACQUIRED  OR  OCCUPIED  FOR  PUBLIC  PURPOSES

 

91.       Boundaries of Government lands to be demarcated and checked - Officers in charge of lands acquired for Government are primarily responsible to ensure that the boundaries of all land belonging to Government are properly demarcated; that accurate land plan are maintained; and that the boundaries and the land plans are periodically checked to test their accuracy.  In the case of land occupied by the Public Works Department, Government has ordered that land plans should be prepared in consultation with the Collector of the district concerned, the plans being prepared from the revenue records in possession of Executive Engineers being also consulted.  Executive Engineers have also been ordered to verify the boundaries from the land plans once every two years.

 

92.       Disputes as to boundaries how to be settled- When a dispute or doubt arises as to the correct limits of land owned by Government or occupied for public purposes, local officers should bear in mind that question of this nature can not be decided by them on their own authority.  An officer cannot surrender land of which he is in-charge unless he has first obtained the proper departmental sanction to the surrender or is acting in obedience to the judicial order of competent authority; nor can he take possession of land merely because in his opinion the records of his office show that Government is entitled to it.  When an officer has grounds for believing that an encroachment has been made on land of which he has charge or for other reasons has doubts concerning the boundaries of such land, he should (after such reference to higher authority as may be required by the circumstances of each case) apply to the Collector of the district who will then cause the land to be demarcated according to the map contained in the revenue records.

 

93.       Who should institute suits against encroachers- If any encroachment is found to have taken place, the Collector of district should warn the people guilty of it that proceedings will be taken against them if they do not vacate.  It is, however, for the department in charge of the land and not for the Collector to take action under the suit rules contained in the Punjab Law Department Manual.  The Collector should at the same time render the officers of other departments all reasonable assistance in the preparation of the report required by that rule.

 

R. SPECIAL  RULES  RELATING  TO  THE  ACQUISITION  OF  LAND  FOR  RAILWAYS*

 

(For general rules in paragraphs 8, 9, 11, 12, 13, 14, 30 and 47 of this Standing Order, read paragraphs 98, 99, 102, 103, 108, 109 and 110 of this section)

 

(a)    General  Instructions

 

94.       Temporary or permanent Acquisition - All land for railway purposes, whether acquired temporarily or permanently, will ordinarily be taken up in the first instance as for permanent occupation and valued accordingly.  In special circumstances, however, where land is needed for temporary purposes and where there is little likelihood of the land on the expiry of the term of temporary occupation being rendered unfit to be used for the purpose for which it had been utilised immediately before such occupation, temporary acquisition may be undertaken under section 35 of the Land Acquisition Act (Act 1 of 1894), provided that such procedure would result in economy.  Waste or arable land can be occupied temporarily only for a period not exceeding three years from the commencement of occupation,--vide section 35(I) of Land Acquisition Act I of 1894.

 

95.       Classification of railway land, (paragraph 613 to 621 of the Indian Railway Code) - With a view to determining what the disposition of the land will probably be on the completion of the work for which it had been acquired, the classification given below will be adopted.  On railways constructed by Government, or by Companies not entitled to receive land free of cost under their contracts, land is divided into two classes, viz.,-

 

(i)                 Permanent land, and

(ii)               Temporary land.

 

            (i)         Permanent land is land which will be required permanently after the railway is open for traffic and the work of construction is complete. Under this head will be included all land to be occupied by the formation of the permanent line of railway with side slopes of banks and cuttings, and the berms connected therewith; catch-water drains and borrow-pits or such parts of them as it is necessary to retain; the entrances to tunnels and shafts belonging to them; the sites of bridges, and protection or training works; station yards; in landing places for railway ferries; ground to be occupied by works belonging to the railway such as gas works, arrangements for water-supply, septic tanks, collecting pits, filter beds and pumping  installation, etc., ground for the storage manufacture or acquisition of materials; land for sanitary zones, cemeteries, churches, plantations, gardens and recreation grounds; sites for stations, offices , workshops, dwelling houses and other buildings required for the purposes of the railway, or the accommodation of the staff, with the grounds, yards, roads, etc., appertaining thereto.  Under this head will also be included land outside the permanent railway boundary, which will be required for the permanent diversion of roads or rivers, or for other works incidental to the construction of the railway, which are made for public purposes and will not on completion of the works be maintained by the railway authorities.

 

(ii)        Temporary land is land which is acquired for temporary purposes only, and which is disposed of after the work of construction is completed.

 

On railways constructed by Companies which are entitled to receive land free of cost, land is divided into four classes, viz.,--

 

(i)                  Class “A” land.  (ii)  Class  “B”  land (iii)  Class “C”  land  (iv)  Class “D” land.

____________________________________________________________*A collection of the rules relating to the acquisition of land for railways are contained in Chapters VI—VIII of the Indian Railway Code for the Engineering Department and may be usefully referred to when necessary to supplement those of the rules which are reproduced in this section.

 

            Class “A” land is land which the company receives for permanent occupation, free of charge under its contract or other arrangement with Government.  Under this head is included all land required for works of the railways which are permanent and will be necessary for the line when opened, such as land for the formation of the permanent line with side slopes, berms, catch-water drains, etc.  The occupation of this land by the Company will be so far permanent that it will cease only when the contract is terminated or surrendered and the whole lapses to Government .

 

            Class “B”  land is land which the Railways Company receives for temporary occupation free of charge under its contract or other arrangements with Government.  Under this head is included all land essential for the execution of the permanent works of the railway but not required after the completion of the line in part or whole, such as land for spoil banks, for extra excavation to make banks, and for the storage of material held in stock by the Railway Company pending the construction of the line or their dispatch to the works.

 

            Class “C”  land is land which the railway company has to provide at its own cost.  Under this head is included  land which is required for the provision or preparation of materials, for purposes contingent on the actual execution of the works on the line, or for other miscellaneous objects which the Government recognizes as falling legitimately within the scope of the Railway Company’s operations, though not giving the Company a claim to the provision of land free of charge.

 

            Class “D”  land is land which though required in consequences of a  Railway, does not come directly into the  occupation of the Railway Company, such land will be provided by Government free of cost.  Under this head is classed land required outside the Railway boundary for the diversion of the roads or rivers, and for the construction of roads which are made for public purposes and which will not afterwards be maintained by the Company. 

 

96. Paragraph 22 of the Indian Railway Code - The above classification generally applies to Railway Companies that receive land free of cost.  In some cases, however, where the condition under which Railway Companies receive land free of cost vary according, to the terms of their respective contracts (or other arrangements), it will be necessary to modify the classification to suit such conditions.  For instance, where a Railway is entitled to receive land referred to in Class “C” above free of cost from Government, such land should be shown under class “A” or “B” according as the land is required permanently or temporarily. 

 

When the transfer of land from one Class to another is  contemplated, the approval of the  Railway Board should be applied for to such transfer only when it involves a charge against State funds.

 

97.     Cancelled.

(b)    Procedure for the Acquisition of Land

 

98.       Application for land-(Paragraph 701 of the Indian Railway Code)- 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 land and such other particulars necessary for its identification:

 

(a)    A complete set of land plans prepared in accordance with the instructions given in paragraph 120 infra.

 

(b)   A complete set of Schedules prepared in the forms given below 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, etc., the fact must be specially noted in the application.

 

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