Section-40 Previous enquiry

Section-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 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

(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.