Bare ActsKerala Requisitioning and Acquisition of Property Act, 1981

Section 3

Power to requisition property.

Amendment status not verified — confirm the current text below against the official source.

(1) When the Government are of opinion that any property is needed or likely to be needed for any public purpose, not being a purpose of the Union, and that the property should be requisitioned, the Government- (a) shall call upon the owner or any other person who may be in possession of the property, by notice in writing (specifying therein the purpose of the requisition) to show cause- (i) in the case of immovable property, within fifteen days, and (ii) in the case of movable property, within five days, of the date of service of such notice on him, why the property should not be requisitioned. (b) may, by order, direct that neither the owner of the property nor any other person shall, without permission of the Government, dispose of, or structurally alter, the property or let it out to a tenant until the expiry of such period, not exceeding two months, as may be specified in the order. (2) If, after considering the cause, if any, shown by any person interested in the property or in possession thereof, the Government are satisfied that it is necessary or expedient so to do, they may, by order in writing, requisition the property and may make such further orders as appear to them to be necessary or expedient in connection with the requisitioning: Provided that no property or part thereof- (a) which is bona fide used by the owner thereof as the residence of himself or his family; or (b) which is exclusively used either for religious worship by the public or as a school, hospital, public library or an orphanage or for the purpose of accommodation of persons connected with the management of such place of worship or such school, hospital, library or orphanage, shall be requisitioned: Provided further that where the requisitioned property consists of premises which are being used as a residence by a tenant for not less than two months immediately preceding the date of the service of notice under sub-section (1), the Government shall provide such tenant with alternative accommodation which in their opinion is suitable.

Section 3 – Kerala Requisitioning and Acquisition of Property Act, 1981 | DailyLaw.ai