The Gujarat Requisitioned Property (Continuency of Powers) (Saurashtra Area) Act, 1958

Bombay Requisitioned Property (Continuance of Powers) (Saurashtra Area) Act,1958. 
[1958 : Bom.LVI 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
GOVERNMENT OF GUJARAT 
 
 
 
 
 
 
 
 
LEGISLATIVE PARLIAMENTARY AFFAIRS DEPARTMENT 
BOMBAY ACT NO. LVI OF 1958 
The Bombay Requisitioned Property 
(Continuency of Powers) (Saurashtra Area) 
Act, 1958 
 
 
 
 
(As modified upto the 31st October, 2006) 
Bombay Requisitioned Property (Continuance of Powers) (Saurashtra Area) Act,1958. 
[1958 : Bom.LVI 
 
THE BOMBAY REQUISITIONED PROPERTY (CONTINUANCE OF POWERS) (SAURASHTRA 
AREA) ACT, 1958 
.................................... 
CONTENTS 
PREAMBLE PAGE 
 NO. 
SECTIONS. 
1. Short title and commencement. 1 
2. Interpretation.   1 
3. Continuance of requisitions. 1 
4. Release from requisitions. 2 
5. Power to acquire requisitioned property. 3 
6. Payment of compensation. 3 
7. Power to obtain information. 3 
8. Delegation of functions. 3 
9. Protection of action taken under the act. 4 
10. Rules.    4 
Bombay Requisitioned Property (Continuance of Powers) (Saurashtra Area) Act,1958. 
[1958 : Bom.LVI 
BOMBAY ACT No. LVI OF 1958.1 
[THE BOMBAY REQUISITIONED PROPERTY (CONTINUANCE OF POWERS) (SAURASHTRA 
AREA) ACT, 1958.] 
[10th June 1955] 
Amended by Bom. 91 of 1958. 
An Act to provide for the continuance of certain powers in relation to requisitioned 
property in the Saurashtra area of the State of Bombay. 
WHEREAS it is necessary to provide, in relation to property which, when the Saurashtra 
Public Security Measures Act, 1953, expires, is subject to any requisition effected 
thereunder, for the continuance of certain powers theretofore exercisable under the 
said Act, and the rules made thereunder ; It is hereby enacted in the Ninth Year of the 
Republic of India as follows :– 
1. (1) This Act may be called the Bombay Requisitioned Property (Continuance 
of Powers) (Saurashtra Area) Act, 1958. 
 (2) It extends to the Saurashtra area of the State of Bombay. 
 (3) It shall be deemed to have come into force on the 1
st day of April 1958, 
and shall cease to have effect on the 31 st day of 2[December 1963], 
except as respects things done or omitted to be done before the lat ter 
date ; and section 7 of the Bombay General Clauses Act, 1904, shall 
apply on the expiry of this Act as if it had then been repealed by a 
Bombay Act. 
2. In this act, unless the context otherwise requires, “requisiti oned property” 
means property, whether moveable or immovable, which on the 31 st day of 
March 1958, is subject to any requisition effected by or under Chapter V of the 
Saurashtra Public Security Measures Act, 1953. 
3. Notwithstanding the expiration of the Saurashtra Public Security Measures Act, 
1953, and any rules made thereunder all requisitioned property shall continue 
and be deemed to have continued to be subject to requisition until the expiry of 
this A ct and the State Government may use or deal with any requisitioned 
property in such manner as may appear to be expedient : 
Provided that the State Government may at any time release from requisition any 
requisitioned property. 
4. (1) Where any requisitioned property is to be released from requisition, the 
State Government after making such enquiry, if any, as it considers 
necessary, specify by order in writing the person to whom possession of 
the property shall be given. 
 (2) The delivery of possession of the property to the person specified in an 
order made under sub -section (1) shall be a full discharge of the State 
Government from all liability in respect of such delivery, but shall not 
prejudice any rights in respect of the requ isitioned property which any 
Short title,extent 
and 
commencement. 
Bom. Act 
XXI of 1958. 
Bom. I of 
1904. 
Bom. Act 
XXI of 1953. 
Interpretation. 
Bom. Act 
Xxi of 1953. 
Continuance of 
requisitions. 
Release 
from 
requisition. 
Bombay Requisitioned Property (Continuance of Powers) (Saurashtra Area) Act,1958. 
[1958 : Bom.LVI 
other person may be entitled by due process of law to enforce against 
the person to whom possession of the property is so delivered. 
 (3) Where the person to whom possession of any requisitioned property, 
being immovable proper ty, is to be given cannot be found, and has no 
agent or other person empowered to accept delivery on his behalf, the 
State Government shall cause a notice declaring that the immovable 
property is released from requisition to be fixed on some conspicuous 
part of the property and publish the notice in the Official Gazette. 
 (4) When a notice referred to in sub -section (3) is published in the Official 
Gazette the immovable property specified in such notice shall cease to 
be subject to requisition on and from t he date of such publication and 
be deemed to have been delivered to the person entitled to the 
possession thereof ; and the State Government shall not be liable for 
any compensation or other claim to respect of the property for any 
period after the said date. 
5. (1) Subject to the provisions of sub -section (3), where any requisitioned 
property continues to be subject to requisition under section 3, the 
State Government may acquire it by serving on the owner thereof o r, 
where the owner is not readily traceable or the ownership is in dispute, 
by publishing in the Official Gazette a notice stating that the State 
Government has decided to acquire the property in pursuance of this 
section. 
 (2) Where a notice of acquisitio n is served on the owner of the 
requisitioned property, or published in the Official Gazette under 
sub-section (1), then at the beginning of the day on which the notice is 
so served or published the property shall vest absolutely in the State 
Government fr ee from all encumbrances and the period of the 
requisition thereof shall end. 
 (3) No requisitioned property being immovable property, shall be acquired 
under this section except in the following circumstances, namely :- 
  (i) where any works have, during the period of requisition, been 
constructed on, in or over land wholly or partly at the expense of 
the State Government, and the State Government decides that 
the value of, or right to use such works should be preserved or 
secured for the purposes of the State Government ; or 
  (ii) where the cost of restoring any land to its condition at the time 
of its requisition would in the determination of the State 
Government be excessive having regard to the value of the land 
at that time, and the owner declines to accept the release from 
requisition of the land without payment of compensation from 
the State Government. 
 (4) Any decision or determination of the State Government under 
sub-section (3) shall be final and shall not be called in question in 
any court. 
 (5) For the purposes of clause (i)  of sub section (3) “works” includes 
buildings, structures and improvement of every description. 
6. Where under this Act any requisitioned property is continued under requisition 
for a period and is thereafter released from requisition or is acquired, 
compensation for such continued requisition and, as the case may be, 
Power to 
acquire 
requisitioned 
property. 
Payment of 
compensation. 
Bombay Requisitioned Property (Continuance of Powers) (Saurashtra Area) Act,1958. 
[1958 : Bom.LVI 
acquisition of the property shall be determined and paid in the manner and in 
accordance with the principles hereinafter set out, that is to say- 
 (a) where the amount of compensation can be fixed by agreement its shall 
be paid in accordance with such agreement ; 
 (b) where no such agreement can be reached, the State Government shall 
appoint as arbitrator the District Judge, or the Addit ional District Judge 
or any Civil Judge having jurisdiction over the area in which the property 
or any portion thereof was situate at the time of requisition or 
acquisition, as the case may be ; 
 (c) the State Government may in any particular case nominate  a person 
having special knowledge as to the nature of the property acquired to 
assist the arbitrator and where such nomination is made, the person to 
be compensated may also nominate an assessor for the said purpose ; 
 (d) at the commencement of the proceedings before the arbitrator, the 
State Government and the person to be compensated shall state what 
in their respective opinions is a fair amount of compensation ; 
 (e) the arbitrator in making his award shall in the case of moveable 
property have regard to the market price of such property and in the 
case of immoveable property have regard to the provisions of 
sub-section (1) of section 23 of the Land Acquisition Act, 1894, as 
adapted and applied to the Saurashtra area of the State so far as the 
same is a pplicable and whether the acquisition is of a permanent or 
temporary character : 
Provided that where any property requisitioned in subsequently acquired, the 
arbitrator in any proceeding in connection with such acquisition shall for the purposes 
of the pro visions of the said section take into consideration the market value of the 
property at the date of its first requisition, and net at the date of its subsequent 
acquisition ; 
 (f) an appeal shall lie to the High Court against the award of the arbitrator ; 
 (g) save as provided in this Act and in any rules made thereunder, nothing 
in any law for the time being in force shall apply to arbitrations under 
this section. 
7. (1) The State Government may, with a view to carrying out the purposes of 
section 3 to 6, by order require any person to furnish to such authority 
as may be specified in the order, such information in his possession 
relating to any requisitioned property as may be so specified. 
 (2) Every person required to furnish such information as is referred to in 
sub-section (1) shall be deemed to be legally bound to do so within the 
meaning of sections 176 and 177 of the Indian Penal Code. 
8. The State Government may, by order notified in the Official Gazette, direct that 
any power conferred or any duty imposed on it by this Act shall in such 
circumstances and under such conditions, if any, as may be specified in the 
Power to 
information. 
XLV of 
1860. 
Delegation 
of 
functions. 
Bombay Requisitioned Property (Continuance of Powers) (Saurashtra Area) Act,1958. 
[1958 : Bom.LVI 
direction be exercised or discharged also by such officer not being in the opinion 
of the State Government below the rank of a Collector, as may be so specified. 
9. (1) No suit, prosecution or other legal proceeding shall lie again st any 
person for anything in good faith done or intended to be done under 
this Act or any order made thereunder. 
 (2) Save the otherwise expressly provided under this Act, no suit or other 
legal proceeding shall lie against the State Government for any da mage 
caused or likely to be caused by anything in good faith done or intended 
to be done in pursuance of this Act or any order made thereunder. 
10. (1) The State Government may make rules for the purposes of carrying into 
effect the provisions of this Act. 
 (2) In particular and without prejudice to the generality of the foregoing 
power such rules may prescribe, 
  (i) the procedure to be followed in arbitrations under section 6, and 
  (ii) the principles to be followed in apportioning the costs of 
proceedings before the arbitrator and on an appeal. 
---------------- 
1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1958, Extra., Part 
V, p. 293. 
2. The word and figures “December 1963” were substituted for the word and figures 
“December 1958” by Bom. 91 of 1958, s. 2.
 
 
Protection 
of action 
taken under 
the Act. 
Rules. 

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