38.Company may be authorised to enter and survey:- (1) {The words "Subject to such rules
as the G.G.of India in C.may from time to time prescribe in this behalf" rep.by s.2 and Sch.I of Act
38 of 1920.} The appropriate Government may authorise any officer of any Company desiring to
acquire land for its purposes to exercise the powers conferred by section 4.
(2) In every such case section 4 shall be constructed as if for the words "for such purpose" the
words "for the purposes of the Company" were substituted; and section 5 shall be construted as if
after the words "the officer" the words "of the Company" were inserted.
{Ins, by Act 16 of 1933, s.6.}[38A.Industrial concern to be deemed Company for certain
purposes:- An industrial concern, ordinarily employing not less than one hundred workmen owned
by an individual or by an association of individuals and not being a Company, desiring to acquire
land for the erection of dwelling hosuses for workmen employed by the concern or for the
provision of amenities directly connected therewith shall, so far as concerns the acquisition of
such land, be deemed to be a Company for the purposes of this Part, and the references to
Company in sections 5A, 6, 7, 17 and 50 shall be interpreted as references also to such concern.]
39.Previous consent of appropriate Government and execution of agreement necessary:-
The provisions of section 6 to 37 (both inclusive) shall not be put in force in order to acquire land
for any Company, unless with the previous consent of the appropriate Governmnet, nor unless
the Company shall have executed the agreement hereinafter mentioned.
40.Previous enquiry:- (1) Such consent shall not be given unless the appropriate Government
be satisfied, {Ins, by Act 38 of 1923, s.9}[either on the report of the Collector under Section 5A,
Sub-section (2), or] by an enquiry held as hereinafter provided,-
{Subs, by Act 16 of 1933, s.3, for the original clauses (a) and (b).}[(a) that the purposes of the
acquistion is to obtain land for the erection of dwelling houses for workmen employed by the
Company or for the provision of amenities directly connected therewith, or
(b) that such acquisition is needed for the construction of some work, and that such work is likely
to prove useful to the public.]
(2) Such enquiry be held by such officer and at such time and place as the appropriate
Government shall appoint.
(3) Such officer may summon and enforce the attendance of witnesses and compel the
production of documents by the same means and, as far as possible, in the same manner as is
provided by the {See now the Code of Civil Procedure, 1908 (5 of 1908).} Code of Civil Procedure
in the case of a Civil Court.
41.Agreement with appropriate Government:- {The words "Such officer shall report to the
L.G.the result of the enquiry and" were rep.by Act 38 of 1923, s.10.} If the appropriate
Government is satisfied {Ins, by s.10, ibid.} [after considering the report, if any, of the Collector
under section 5A, sub-section (2), or on the report of the officer making an inquiry under subsection 40] that {Ins, by Act 16 of 1933, s.4.) [the purpose of the proposed acquisition is to obtain
land for the erection of dwelling houses for workmen employed by the Company or for the
provision of amenities directly connected therewith, or that] the proposed acquisition is needed for
the construction of a work, and that such work is likely to prove useful to the public, it shall {The
words "Subject to such rules as the G.G.in C.may from time to time prescribe in this behalf"
rep.by Act 38 of 1920, s.2 and Sch.I.} require the Company to enter into an agreement with the
appropriate Government, providing to the satisfaction of the appropriate Government for the
following matters, namely:-
(1) the payments to the appropriate Government 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;
{Subs, by Act 16 of 1933, s.4, for the original clauses (4) and (5).} [(4) where the acquisition is for
the purpose of erecting dwelling houses or the provision of amenities connected therwith, the time
within which, the conditions on which and the manner in which the dwelling houses or amenities
shall be erected or provided; and
(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.]
42.Publication of agreement:- Every such agreement shall, as soon as may be after its
execution, be publised {The words "in the Gazette of India and also" rep.by the A.O.1937.} in the
Official Gazette and shall thereupon (so as far as regards the terms on which the public shall be
entitled to use the work) have the same effect as if it had formed part of this Act.
43.Sections 39 to 42 not to apply where Government bound by agreement:- The provisions
of sections 39 to 42, both inclusive, shall not apply and the corresponding section of the {Rep.by
this Act.} Land Acquisition Act, 1870, shall be deemed never tohave applied, to the acquisition of
land for any Railway or other Company, for the purposes of which, {Subs, by the A.O.1937, for
"under any agreement between such company and the Secretary of State for India in Council, the
Government is, or was bound to provide land"} [under any agreement with such Company, the
Secretary State for India in Council, the Secretary of State, the Central Government of any State
Government is or was bound to provide land.]
44.How agreement with Railway Company may be proved:- In the case of the acquisition of
land for the purposes of a Railway Company, the existence of such an agreement as is
mentioned in section 43 may be proved by the production of a printed copy thereof purporting to
be printed by order of Government.