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State of Jammu-Kashmir - Section

Section 41 in State Land Acquisition Act, 1990 (1934 A.D.)

41. [ Agreement with the Government. [Section 41 substituted by Act XXVII of 1962.]

- If the Government are satisfied after considering the report, if any, of the Collector under section 5 A, sub section (2) or on the report of the officer making an inquiry under section 40 that the proposed acquisition is needed for the construction of a work and that such work or its product is likely to prove useful to the public or that the purpose of the proposed acquisition is to obtain land for the erection of dwelling houses for workmen employed by the company or for provision of amenities directly connected therewith, the Government shall require the company to enter into an agreement with them, providing to the satisfaction of the Government for the following matters, namely:-
(i)the payment to the Government in the case of lease of such premium and rent as the Government may determine with due regard to the cost of acquisition and in the case of transfer other than lease the cost of acquisition ;
(ii)the transfer by lease or otherwise on such payment of the land to the company ;
(iii)the terms on which the land shall be held by the company ;
(iv)where the acquisition is for the construction of any work, the time within which and the conditions on which the work shall be executed and maintained, and the terms on which the public shall be entitled to use such work or its product ; and
(v)where the acquisition is for the purpose of erecting dwelling houses or the provision of amenities connected therewith, the time within which the conditions on which and the manner in which the dwelling houses or amenities shall be erected or provided.]