Section 24 of The Requisitioning and Acquisition of Immovable Property Act, 1952
- (1)The Requisitioned Land (Continuance of Powers) Act, 1947 (17 of 1947), the Delhi Premises (Requisition and Eviction) Act, 1947 (49 of 1947), and the Requisitioning and Acquisition of Immovable Property Ordinance, 1952 (3 of 1952), are hereby repealed.
- (2)For the removal of doubts, it is hereby declared that any property which immediately before such repeal was subject to requisition under the provisions of either of the said Acts or the said Ordinance shall, on the commencement of this Act, be deemed to be property requisitioned under section 3 of this Act, and all the provisions of this Act shall apply accordingly: Provided that--
- (a)all agreements and awards for the payment of compensation in respect of any such property for any period of requisition before the commencement of this Act and in force immediately before such commencement, shall continue to be in force and shall apply to the payment of compensation in respect of that property for any period of requisition after such commencement;
- (b)anything done or any action taken (including any orders, notifications or rules made or issued) in exercise of the powers conferred by or under either of the said Acts or the said Ordinance shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this Act was in force on the day in which such thing was done or action was taken.
Summary
- This section repeals three specific laws: the Requisitioned Land (Continuance of Powers) Act, 1947, the Delhi Premises (Requisition and Eviction) Act, 1947, and the Requisitioning and Acquisition of Immovable Property Ordinance, 1952.
- Any property that was subject to requisition under these repealed laws immediately before they were repealed is now deemed to be requisitioned under Section 3 of this new Act.
- Compensation agreements and awards that were in force before the commencement of this Act remain active and will apply to payments for periods of requisition after the commencement.
- Any actions taken, including orders, notifications, or rules made under the repealed laws, are treated as if they were made under this new Act, provided they do not conflict with it.
Practical examples
FAQ
1. What specific laws and ordinances are repealed by Section 24?
It repeals the Requisitioned Land (Continuance of Powers) Act, 1947, the Delhi Premises (Requisition and Eviction) Act, 1947, and the Requisitioning and Acquisition of Immovable Property Ordinance, 1952.
2. What happens to properties that were requisitioned under the repealed laws when this Act starts?
They are deemed to be property requisitioned under Section 3 of this Act, and all provisions of this Act apply to them.
3. Do compensation awards made under the repealed laws remain valid?
Yes, all agreements and awards in force immediately before the commencement of this Act continue to apply to payments for requisition periods after the commencement.
4. Are notifications and rules made under the repealed laws wiped out?
No, they are deemed to have been made under this Act, as long as they are not inconsistent with the provisions of this Act.
Test yourself
Q1.Under Section 24 of The Requisitioning and Acquisition of Immovable Property Act, 1952, which of the following Acts is NOT repealed?
Q2.Under Section 24 of The Requisitioning and Acquisition of Immovable Property Act, 1952, any property subject to requisition under the repealed laws immediately before their repeal is deemed to be requisitioned under which other section of the Act?
Q3.Under Section 24 of The Requisitioning and Acquisition of Immovable Property Act, 1952, what happens to compensation agreements that were in force immediately before the commencement of the Act?
Q4.Under Section 24 of The Requisitioning and Acquisition of Immovable Property Act, 1952, what is the condition for a past order or rule made under a repealed law to be deemed as made under this Act?
Q5.Under Section 24 of The Requisitioning and Acquisition of Immovable Property Act, 1952, how does the repeal of the older laws affect properties that were already requisitioned, in relation to Section 3 of the Act?
Q6.Under Section 24 of The Requisitioning and Acquisition of Immovable Property Act, 1952, what is the status of any action taken under the repealed Requisitioning and Acquisition of Immovable Property Ordinance, 1952, if it is consistent with the new Act?