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O. G. No. 13 Series I

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O. G. No. 13 Series I Reg. No. GR/RNP/GOA/32 RNI No. GOAENG/2002/6410 Panaji, 26th June, 2008 (Ashada 6, 1930) SERIES I No. 13 Note: There are four Extraordinary issues to the Official An Ordinance fur ther to amend the Railways Gazette, Series I No. 12 dated 19-6-2008 as follows: Act, 1989. (1) Extraordinary dated 23-6-2008 from pages 467 to 474 regarding Notification from Department of Rural Development & R.D.A. Whereas Parliament is not in session and the (2) Extraordinary (No. 2) dated 23-6-2008 from pages 475 President is satisfied that the circumstances exist to 476 regarding Notification from Department of which render it necessar y for her to take Law & Judiciary (Legal Affairs Division). (3) Extraordinary (No. 3) dated 25-6-2008 from pages 477 immediate action. to 492 regarding Notification from Department of Finance (Budget Division). N o w , ther efor e, in exer cise of the powers (4) Extraordinary (No. 4) dated 25-6-2008 from pages 493 to 494 regarding Notification from Department of confer red by clause ( 1 ) of ar ticle 123 of the Law & Judiciary (Legal Affairs Division). Constitution, the President is pleased to GOVERNMENT OF GOA promulgate the following Ordinance:— Department of Law & Judiciary 1. Short title and commencement.— ( 1 ) This Ordinance may be called the Railways Legal Affairs Division (Amendment) Ordinance, 2008. ___ ( ) It shall come into force at once. Notification 2 10/2/2007-LA(Par t file)/20 2. Amendment of section 2.— In The Railways (Amendment) Ordinance, 2008 section 2 of the Railways Act, 1989 24 of 1989. (Ordinance No. 2 of 2008), which has been (her einaf ter r efer red to as the principal promulgated by the President in the F ifty -ninth Act),— Year of the Republic of India and published in the ( ) af ter clause ( ), the following clause shall Gazette of India, Extraor dinar y, Par t II, Section 1, a 7 be inser ted, namely:— No. 2, dated 31-1-2008, is hereby published for general information of the public. ‘( 7A) “competent authority ” means any Julio B. Noronha, Under Secretar y (L aw). person authorised by the Central Government, by notification, to perform the Por vorim, 27th Febr uar y, 2008. functions of the competent authority for such _________ area as may be specified in the notification;’; MINISTRY OF LAW AND JUSTICE (b ) af ter clause ( 29), the following clause shall (Legislative Department) be inser ted, namely:— New Delhi, the 31st January, 2008/Magha 11, (‘ ) “person interested” includes,— 1929 (Saka) 29A THE RAILWAYS (AMENDMENT) (i ) all persons claiming an interest in ORDINANCE, 2008 compensation to be made on account of the acquisition of land under this act; No. 2 of 2008 Promulgated by the President in the Fifty-ninth (ii) tribals and other traditional Year of the Republic of India. forest dwellers, who have lost any 496 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 13 26TH JUNE, 2008 traditional rights recognized under (b ) take levels; the Scheduled Tribes and Other Traditional For est Dwellers (c ) dig or bore into sub-soil; (Recognition of For est Rights) A ct, 2 of 2007. 2006; (d ) set out boundaries and intended lines of work; (iii) a person interested in an easement affecting the land; and (e ) mark such levels, boundaries and lines placing marks and cutting trenches; or (iv) persons having tenancy rights under the relevant State laws;’; (f ) do such other acts or things as may be considered necessar y by the competent authority. (c ) af ter clause ( 37), the following clause shall be inser ted, namely:— 20C. Evaluation of damages during survey, — The damages caused while ‘( 37A) “special railway project” means a measurement, etc. project, notified as such by the Central car rying out works on land such as sur vey, digging Government from time to time, for providing or boring sub-soil, marking boundaries or cutting national infrastructure for a public purpose in a trenches or clearing away any standing crop, fence specified time-frame, covering one or more or forest or doing such other acts or things which States or the Union territories;’. may cause damages while acting under section 20B par ticularly r elating to land which is excluded 3. Insertion of new Chapter IV A.— After from acquisition proceeding, shall be evaluated Chapter IV of the principal Act, the following and compensation shall be paid to the persons Chapter shall be inser ted, namely:— having interest in that land, within six months from the completion of the said works. ‘CHAPTER IVA 20D. Hearing of objections, etc— (1) Any person LAND ACQUISITION FOR A SPECIAL RAILWAY inter ested in the land may, within a period of thir ty PROJECT days from the date of publication of the notification 20A. Power to acquire land, etc.— (1) Where under sub-section ( 1 ) of section 20A, object to the the Central Government is satisfied that for a public acquisition of land for the purpose mentioned in purpose any land is required for execution of a that sub-section. special railway project, it may, by notification, declare its intention to acquire such land. (2 ) Ever y objection under sub-section ( 1 ), shall be made to the competent authority in writing, and (2 ) Ever y notification under sub-section ( 1 ), shall shall set out the grounds thereof and the competent give a brief description of the land and of the authority shall give the objector an oppor tunity of special railway project for which the land is being heard, either in person or by a legal intended to be acquired. practioner, and may, af ter hearing all such objections and af ter making such fur ther enquir y, (3 ) The State Gover nment or the Union ter ritory, as the case may be, shall for the purposes of this if any, as the competent authority thinks necessar y, section, provide the details of the land records to by or der, either allow or disallow the objections. the competent authority, whenever requir ed. Explanation.— For the purposes of this (4 ) The competent authority shall cause the sub-section, “legal practitioner’’ has the substance of the notification to be published in two same meaning as in clause ( i ) of sub- local newspapers, one of which shall be in a -section ( 1 ) of section 2 of the Advocates vernacular language. Act, 1961. 25 of 1961. 20B. On the issue Power to enter for survey, etc. ( ) Any order made by the competent authority of a notification under sub-section ( ) of section 3 1 under sub-section ( ) shall be final. 20A, it shall be lawful for any person, authorised 2 by the competent authority in this behalf, to— 20E. Declaration of acquisition — ( 1 ) Where no (a ) make any inspection, sur vey, measurement, objection under sub-section ( 1 ) of section 20D has valuation or enquir y; been made to the competent authority within the OFFICIAL GAZETTE — GOVT. OF GOA 497 SERIES I No. 13 26TH JUNE, 2008 period specified therein or where the competent Provided fur ther that where an award is made authority has disallowed the objections under within the extended period, the entitled person sub-section ( 2 ) of that section, the competent shall, in the interest of justice, be paid an additional authority shall, as soon as may be, submit a r epor t compensation for the delay in making of the award, accordingly to the Central Government and on ever y month for the period so extended, at the rate receipt of such r epor t, the Central Gover nment of not less than five per cent. of the value of the shall declare, by notification, that the land should award, for each month of such delay. be acquired for the purpose mentioned in sub-section ( 1 ) of section 20A. (3 ) Where the right of user or any right in the nature of an easement on, any land is acquired (2 ) On the publication of the declaration under under this Act, there shall be paid an amount to sub-section ( 1 ), the land shall vest absolutely in the owner and any other person whose right of the Central Government free from all enjoyment in that land has been affected in any encumbrances. manner whatsoever by reason of such acquisition, an amount calculated at ten per cent. of the (3) Where in respect of any land, a notification amount determined under sub-section (1), for that has been published under sub-section (1 ) of section land. 20A for its acquisition, but no declaration under sub-section ( 1 ) of this section has been published (4 ) Before proceeding to determine the amount within a period of one year from the date of under sub-section ( 1 ) or sub-section ( 3 ), as the case publication of that notification, the said notification may be, the competent authority shall give a public shall cease to have any effect: notice published in two local newspapers, one of which shall be in a vernacular language inviting Provided that in computing the said period of claims from all persons interested in the land to be one year, the period during which any action or acquired. proceedings to be taken in pursuance of the notification issued under sub-section ( 1 ) of section (5) Such notice shall state the par ticulars of the 20A is stayed by an or der of a cour t shall be land and shall require all persons interested in such excluded. land to appear in person or by an agent or by a legal practitioner referred to in sub-section ( 2 ) of (4 ) A declaration made by the Central section 20D, befor e the competent authority, at a Government under sub-section (1) shall not be time and place and to state the nature of their called in question in any cour t or by any other respective interest in such land.
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