39. (1) The IANS may acquire by agreement or, in accordance with the Second Schedule to the Act of 1998 (as applied by this section) compulsorily, any land or any easement or other right over land, or any water right, for the purpose of the performance of the functions conferred on it by this Act.

(2) Notwithstanding any other enactment, no person shall be entitled to acquire compulsorily any land or any easement or other right in respect of land belonging to the IANS, or to alienate, terminate, restrict or otherwise interfere with, without the agreement of the IANS, any right of the IANS in respect of such land.

(3) The IANS shall not be entitled to acquire compulsorily under this section any land, easement or other right belonging to the State or a State authority.

(4) The Second Schedule to the Act of 1998 shall, for the purposes of the acquisition of land by the IANS under this section, apply with the following modifications:

(a) the reference in subparagraph (1) of paragraph 1 to “section 17” shall be construed as a reference to this section, and

(b) a reference to “the company” shall be construed as a reference to the IANS.

(5) Section 19 of the Act of 1998 shall, for the purposes of this section, apply subject to the following modifications:

(a) references to an “authorised person” shall be construed as references to an officer of the IANS authorised by the IANS for the purposes of this section, and

(b) references to “the company” shall be construed as references to the IANS.