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[Cites 0, Cited by 338] [Entire Act]

Union of India - Section

Section 41 in The Land Acquisition Act, 1894

41. Agreement with appropriate Government

.[* * *] [The words " Such officer shall report to the Local Government the result of the enquirty, and" repealed by Act 38 of 1923, Section 10.] If the [appropriate Government] [Substituted by Act 16 of 1933, Section 3, for Cls.(a) and (b).] is 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] [Inserted by Act 38 of 1923, Section 10.] that [the proposed acquisition is for any of the purposes referred to in clause (a) or clause (aa) or clause (b) of sub-section (1) of section 40] [Substituted by Act 31 of 1962, Section 4, for certain words (w.e.f. 12.7.1962).], it shall [* * *] [The words " subject to such rules as the Governor-General in Council may from time to time prescribe in this behalf" repealed by Act 38 of 1920, Section 2 and Sch.I.] require the company to enter into an agreement [with the [appropriate Government] [Substituted by A.O.1937, for certain words.]], providing to the satisfaction of the [appropriate Government] [Substituted by Act 16 of 1933, Section 3, for Cls.(a) and (b).] for the following matters, namely:
(1)the [payment to the [appropriate Government] [Substituted by A.O.1937, for certain words.]] of the cost of the acquisition;
(2)the transfer, on such payment, of the land to the company;
(3)the terms on which the land shall be held by the company;
(4)[ 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;[*] [Substituted by Act 16 of 1933, Section 4, for Cls. (4) and (5).][(4-A) where the acquisition is for the construction of any building or work for a company which is engaged or is taking steps for engaging itself in any industry or work which is for a public purpose, the time within which, and the conditions on which, the building or work shall be constructed or executed; and] [Inserted by Act 31 of 1962, Section 4 (w.e.f. 12.9.1962).]
(5)where the acquisition is for the construction of any other 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 the work.]
Additional Information6
Section 165 of the Electricity Act, 2003 (36 of 2003) provides as under:-"165. Amendment of Sections 40 and 41 of Act 1 of 1894.-(1) In section 40, sub-section (1), clause (b) and section 41, sub-section (5) of the Land Acquisition Act, 1894 (1 of 1894), the term "work" shall be deemed to include electricity supplied or to be supplied by means of the work to be constructed.(2) The Appropriate Government may, on recommendation of the Appropriate Commission in this behalf, if its thinks fit, on the application of any person, not being a company desirous of obtaining any land for its purposes, direct that he may acquire such land under the provisions of the Land Acquisition Act, 1894 (1 of 1894() in the same manner and on the same conditions as it might be acquired if the person were a company."