THE ASSAM LAND (REQUISITION AND ACQUISITION) ACT, 1964

\~ The ist August 1964 t--- No.LJL.5/63/51.-The following Act of the Assam Legislative Assemhl; which received the assent of the Presidemt is hereby published for general information . (Received the assent of the President on the 29th July 1964) ASSAM AC l' XV OF 1964 THE ASSA~ LAND (REQUISITION AND ACQUISITION) ACT, 1964. I [Published in the Assam Gazette Extraordinary, dated the 3rd August 1964] An Act to amend and consolidate the law for requisition a~d speedy acquisition of premises and land for certain public purposes. Preamble WHEREAS it is expedient to amend and consolidate Short title, extent and commencc:­ ment. r ~ c~nitiors the law for requisition and speedy acquisition of premises and land for certain public purposes ; It is I creby enacted in the F,fteenth Year oI the Republic of India as follows:- I. (1) Thi~ Act may be called the Assam Land (Requisitior. and Acquisition) A.ct, 1964. (2) It extends to the State of Assam. (3) It shall come into force at once. 2. Jn this Act, unless there is anything repugnant in the subject or context:- ·(a) "Collector", "land" and "per;;on interes­ ted" have the same meaning as in tht> Land Acquisition Act, 1894 ; Explanation :- Land rvr the purpose of this Act inclu<ies trees, buildings and standing crops on it, and easement. (b) "Court" means a principal Civil Court of original jurisdiction, and includes the Court of any Additional Judge, Subor­ dinate Judge or Munsif whom the State Governn1ent may appoint, by na11Je or by virtue of his office, to perform, concur­ rently with any such principal Civil Court, all or any of' the functions of the Court under this Act within any specified local limits :rnd, itr the case of Munsif, up to the limits cf the pecuniary jurisdic:ion Act I ol }R04,. with which he is vr sted under section 19 Act XCl A the Bengal, Agra and Assam Civil ..,rt8A7, (:Curts Act, 1887 ; ., __.. ; ., 2 (c) "displaced persoD" means- l.i) any person, who on account of this setting up of the two Dominio~s of India and Pakistan or on account of civil distur­ uances or the fear of such disturbances in any area no w forming part of Pakistan has been compelled to leave his place of residence in such area after the 1st day of March 1947 :md who has subsequently been residing in India and is in distress , (ii) or a person who has been displaced due to various acquisition proceedings rela ting to land in Assam since 1943 (d) "Owner" means proprietor or patta hold · r a nd his co-sharer ; and (e) "prescribed" means prescribed by ru1es made under this Act. P 0wer to 3. (1) If in the opinion of the State Government retiuisitien. or any person authorised in this behalf by the S tate Government it is necessary so to do, for maintaining supplies and services essential to the life c f the com­ munity or for providing proper facilities for accom­ modation, transport, communication, irrigation, flood contrcl and anti-erosion measures including embank­ ment and drainage or for provid ine: land individually or in groups to land le s, flood affected or displaced persons, or tu a society registered under the Assam Co-operative Societies, Act, 194·9, or a company incorporated under the Companies Act, 1956, formed for the be11efit and rehabilitation of landless, flood affecteJ or displaced perso')s the State Government or the person so authorised, as the case may be, may, by order in writing, requisition any land and may make such fur ther orders as appear to it or to him to be neces~ary or expedient in connection with the requisitioning: Provided that no l.tnd used for the purp ose of religious worship shall be requisitioned under this section : Provided further that where it is neces~ary to pro­ vide the land to landle~s or displaced p ~ rsons such land shall not be requisitioned unless the person inte­ rested in the land has been given an opportunity of making representation against it within such time and in such manner as may be prescribed in th:s behalf. Assa •n Act l o t 1950. Act I of 1956. Powers to tak~ pos­ session of requisi­ tioned land. 3 (2) An orde1: under sub-section (1) shall be sen·ed in the prescribed manner on the owner of the hind and where the order relates to land in occupation of a tenant, also on such tenant. (3) When the order for requi~ition is made Ly any authority other than the State Government, any person interested in the land, within 30 days from 1he date of service of tbe circler, may appeal to the State Government and the decision of the State Government in such appeal shall be final. 4. (1) Where any land has been requisitioned under section 3, the State Government or the person authl)rised in this behalf by the State Government may, by order in writing, direc t the owner, the tenant, or any other person who may be in possession of the land whether at the time of requisition or at any time thereafter before the land is released from rt!quisition under section 8, to surrender or deli\'er possession thereof to the Collector or any other person duly a•ithorised by him in thi s behalf wi1hin suc--h days of the service of the ordtr as may be speci tied therein. (2) If any person refuses or fails to comply with an order made under sub-section (l ), the State Governmc-nt or the person authorised in this behalf, in addition to any other provisions in this Act, may take possession of the land and may, for th '1 t purpose, use ouch force as may be necessary. (3) An order under sub-section (1) sl1all be served in the prescribed manner on the owner of the land and where the order relates to land in occupation of a tenant or any other person also on such tenant or occupant. (4) If after service of the notice on the owner, tenant or the occupant, any person other tl' an the person on whom the notice is served enters into pos­ ~ession of the land, nothing in tllis sub-section shall be construed a1 requiring fresh notice on such person anrl such person shall deliver possession to the Collector or any other person duly authorised by h im in this behalf, on the date previously notified, notwithstanding lhat no fresh notice has been served on him. (5) If it is fcund that the person enterivg into unauthorised possession of the land under sub-section (4) has raised any crop or erected any building or other construction on the lanrl, the Collector or any other person duly authorised by him in this behalf shall have the power to confiscate or destroy the crop so raised ~r the building or other construction sG erected by such person and such person shall not be entitled to any compensation for any loss or damagtt so done. I Repairs to Building!<- 4 5. Where any land with building standing thereon is requisi tion~d under section 3, the State Governm~nt or the p" rson authorised in this behalf by the State Goverm1 ent mny order the owner to execute such repairs a~ may be necessary and are usually made by landlords of that locality and as may be specified in the notice issued in this behalf within such reascna ble time as 1 my be mentioned therein and if the owner fails to execute any repairs in pursuance of such order, tiie State Government or the person authorised in this behalf by the State Government may cause repair.~ specified in th e <•rder to be executed at the exp ense of the owner and the coot thereof, may, without prejudice to any other mode of recovery, be deducted from the compensation payable to the owner in such proportion and over mch period as ma i be prescribed : Provided that where an orcer is made by an authority other than the State Government, to carry out rnpairs at the expense of the owner, the owner or any other person interested in the land, within 30 days from the date of service of the order, may appeal to the St.1 te Government, and the decision of the State Governrn nt on such appeal shall be final. Acquisitioni 6. (1) Where any land has been requisitioned of land. under section 3, the S tate Government may use or deal with it in such manner as may appear to it to be ex pedient and may acquire such land by publishing in the official Gazette, a notice to the effect that the State Government has decir!ed to acquire such land in pursuance of this section. (2) Where a notice as aforesaid is published in the official Gazette, the requisitioned land and pre­ mises shall, on and from the beginning of the day on which the notice is so published, vest absolutely in the State Government free from all encumbrances and the period of requisiticn of such land shall end. 1'1•tice to persons inl.erested, - (3) Subject to the provisions of this Act- on such Act I of vesting, the provisions of the Land Acquisition Act, 1894 .j 1394, with the rules framed thereunder shall, so far as may be, apply to such land. 7. (1) After the publication of a notice under sub-section (1) of section 6, the Collector shall cause public notice te be given at convenient places on or near the land to be taken stati lig tha t the State Government has acquired the land, and that claims to compensation for all interests in such land may be made to him. (2) Such notice shall state the particulars of the land so acquired , and shall require all persons interested in the lrind to appear personally or by duly authorised agent before the Collector at a tiLe and 5 place therein mentioned (such time not being earlier than fil teen days after the date of publication of the notice) , nnd to state the nature of their respective int erests in the land and the amount and particulars c.f their claim to compensation for such int crc~ts. The Collector rnay in any case require such stat ' ment to be m ade in writing and signed by the party or his ... gent. i{cJe1.sef1om 8. (!) Where any land requisitioned under 1equisi tiln, section 3 is not acquired and is to be released from req uisi tion, it will revert to the owner and the Collector will deliver possession of fr e land to such owner or p erson interested who was recognised under sub­ section (-!) of section 11 in as good a condition as the land was when posse~sion thereof was taken subject only to the changes caused by reasonable wear <..n d tear and irresistible force. Speedy acquisitio:a of!and in certain cases. (2) The delivery of possession of such land tu the person specified in the order made under sub-section (I ) shall be a full discharge of any liability of the Sta te Government to deliver possession to such person a~ may have rightful claim to possession thereof but shall no t prejudice any right in respect of such land which anr other person may be cntitlt d by due process of law to enforce against the person to whom possession of the land is so delivered. (3) Where the person to whom the possession of any land requisitioned under s'ection 3 is to be delivered cannot be found or is not readilv traceable or has no agen t or other person empowen.d to accept delivery on his behalf, the State Government shall publish in the official Gazette a notice declaring that such land is released from requisition and shall cause a copy thereof to be affixed on some conspicuous part of such land. ( 4) When a notice referred to in sub-section (3) is published in , the official Gazette, the land spc: cified in such no tice shall cease to be subject to requisition on and from the d ate of S' !Ch publication and shall be deemed to have been delivered to the person entitled to possession therc:of; and the State Govern• ment shall not be liable for any compensation 01 other claims in respect of such land for any period after the said date. 9. (1) Not withstanding anything contained herein before, if in the opinion of the State Government or the Collector j,t is necessary or expedient to acquire speedily any land for works or other development measures in connection with flood control and anti­ erosion measu res including embankment and drainage, ; 6 the State Government or the Collector by order in writing acquire the land stating the area and bounda­ ries thereof. (2) The Collector shall cause the order passerl under sub-section (I) to be served in such manner as may be prescribed on the owner of the land and also on the tenant or the occupant in cases where the owner is not in rJccupation of the land and also a notice t.o the same ef!ect stating that claims to compensation for all interests in the land may be made to him within such time as may be prescribed: Provided that when the person to be >o served is not readiiy traceable or the ownership of the land is in dispute, the Collector shall cause the above order and notice to be P'-•bfohed in such manner as may be pr<::~cribed. Vesting and 10. (1) When an order of acquisition is served or taking. published under sub-section (2) ot section 9, the land pfs~esswn shall vest absolutely in the State Government free ~cqui~~ from all encun:ibrances on the <lat•' the order is rn under sec- rerved <'r published. tion 9. (2) The Collector may, at any time after the land becomes so vested, pr0ceecl to take posse,sion thereof. (3; On such vesting, the order passed under sub­ section { l) of section Y shall be published in the official Gazette in the manner prescribed. Compensa- l l. (1) Subject to the provisions of sub-~ection (2), tion. whenever any land is acquired under section 6 or section 9 there shall be paid compensation the amount of which shall be determined by the Collector. In determining the amount of compensation the Col lector shall take into consideration the market value of the land for a period of five years preceding the date of i:-ublication of the notice under sub-section (1) of sec­ tion 6 where the land is acquired under the said section, and where the land is acquired under section 9, from the date of passing the order under sub-section ( J·) of the said section, and the amount of compensation payable shall be on the basis of the average market value so arrived at: Provided that where any building is acquired under section 6, the compensation shall be payable at the market value of the building on the date of pc!blication of the notice under sub-section (1) thereof. (2) In the case nf land with respect to which any settlement has been made for special c1Jltivation or which is included in any grant, if such land is ·~- •' 7 lying fallow or uncultivated or is not utilisccl for the purpose fer which the grant or settle­ ment was made or for the purposes incidental thereto, then the compensation payable for acquisi­ tion of such land together with trees if any standing on it shall be an amount equal to ten times the annual land revenue which, on the date of publication of the notice referred to in sub-section ( 1) of section 6 or sub-section (1) of si:ction 9, is or would have been payable if such land is or had been a-;sessable to revenue at full rates: Provided that where an y amount was originally paid to Government by the grantee as price or pre­ mium for the land, an additional amount equal to the amount originally paid by the grantee shall also be payable. Explanation.-"SpeCial cultivation" means cultiva­ tion which involves, either owing to the nature of the crop or owing to the process of cultivation, a much larger expenditure of capital per acre than is incurred by most of the cultivators in the State, aml includes cultivation of tea. \ 3) when the com per sation has been determin ::-d under sub-secticn (l) or sub-section (2), the Collector Act I cf shall make an award in accordance with the principles 1894. set out in section i l of the Land Acquisition Act, 1894 but no amount referred to in sub-section (2) of section 23 of that Act shall be included in the award. (4) Where any land is requisitioned under section 3, there shall be paiu subject to the provisions of sub­ section (5) below, to every person interested such com­ pensation as may be agreed upon ill writing between such person and the Collector or in the absence of agreement, reaso11able compensation in respect of- (a) the requisition cf such land; and (b) the damage done during the period of requi­ sition of such land other than what may ha\e been sustained by reasona ble wear and tear and irresistib!e force: Provided th1t in determinin g the amount of com· pemation whether in the case of agreement or other­ wise, such amonnt ~hall not exceed the rent payable under the provisions of the As3am Urban Areas Rent Control Act, 1961 or the Assam Non-Agricultural Assam Act Urban Areas Tenancy Act, 1955 or the Assam (Tern - II ol 1962. porarily Settled Districts) Tenancy Act, 1935 S 'J far as Assam Act they m ay be applicable or of any of the statutory ~JJ5 of re-en actment or modification 'thereof. Assam. Act \5) Notwithstanding the provisions of sub-section (2) of section 12, in the case of land included in any grant or settlement made for special cultivation or III of 1935. 8 othet· purposes which is lying fallow or uncultivated and which is requisitionerl for the purpose of cultivation, the annual compensation payable under clause (a) of sub-section (4) shall in no case be more than double the annual land revenue whicl:, on the date of order of requisition , i5 or would have Leen payable if such land i1 or had b~en assessable to revenue at full rates. 12. (I) The Collector shall in every case- Reference to Court. (a) where any person aggrieved Ly an award made under sub-section (3) of section 11 makes an application requiring the matter to be referred to the Court ; or (b) where there is any disagreement with regard to the compensation payable under sub-~ection (4-) of section 11 on the appli­ cation of the person entitled to compen­ sation requiring the matter to be referred to Cnurt, refer the matter to the decision of the Coui t . (2) Subject to the provisions of this Act, the Act I 0 r provisions of the Land Acquisition Act, 1894, shall 1894. rnutatis mutandis apply in respect of any reference m :ide to the Court under snb-section (i) . Pfay~mt · 13. 'iVhen the amount of any compensation p ;1 y- o interest, bl d h" A · "d d · d · ) · a e un er t is ct 1s not pa1 or epos1te wit 1in Refund of Land. Reven,1e Power to enter upon lanrl, etc. t 11irty days from the da1c of the award the Collecwr shall pay the amount awarded with interest thereon at the rate of 6 per cent per annum from the date of the award until it shall have been so paid or deposi­ ted. 14. After the publication of the noticP. referred to in sub-section (1) of sectiun 6 or after taking possession of the land under sub-section (2) of section 10, as the case may be, no land revenue shall be payable for any period thereafter and land revenue if any paid in respect of such period shalt be ref uncled. 15. The State Government may, with a view to requisitioning zny land or for the purpose of Jetermina­ tion by the Collector of t ie amount of compensa­ tion payable under this Act, by order:- (a) require any person to furnish to such authority as may be specified in the order such information in his possession relating to the property a ' may be specified ; (b) direct that the owner or occupier of the land shall not dispose of it or alter it tJ- .9 without permission from the Government till the expiry of such period as may be specified in the order ; (c) authorise any person to perform in respect of any land all or any of the functions referred to in sub-section (2) of section 4 of the Land Acquisition Act, 1894. Penalty · 16. If any person contravenes any order made under this Act he shall be pur.ishable with imprison­ . nient for a term which may extend to one year or with fine which may extend to two thousand rupees or with both. Saving 17. Save as otherwise expressly provided in this Act 110 decision or order made in exercise of any power conferred by or under this Act ~hall be called in question in any Court. Pw~cction of 18. (1) No suit, prosecution or other legal procee­ 'llCOon ta.ken ding shall lie a12ainst any person for anythin~ which Ut!dcr th11 • • d f: . h d . d d b d • ~t. IS m goo , . a1t one or mten e to e one m pursuance of this Act or any rule or any order made thereunder. (2) Save as otherwise expressly provided in this Act, no suit or other legal proceeding shall lie against the State Government for any damage caused or likely ta be causP.d by anything in good faith c1onf! or intended to be done in pursuance of thi<1. Act or any rule or any order made thereunder. J.tccove1y of 19. Any money · payable to State Government :b~eio ~: under this Act shall be recoveratle as arrear of land vcrnmrnt. revenue. Power to 20. (I) The State Government may D'ake l'ules make rulCll. or carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the fore;<oing powers, such rules may provide for all or any of the following matten, namely:- (a) the. manner of service of orders on the owner or occupier of land referred to in sub-section (2) of section 3 ; {b) the manner of service of notice and orders on-the persons referred to in sub-section (2) of section 7 and in sub-section (2) of section 9 respectively J tc) the manner and the conditions and terms on which land will be settled or disposed of by Government ; and (d} the manver of disposal of any structure or tree standing on the land. (3) Every rule made under this section sha]l be laid, .as soon as may be after it is made, before the Assam Legislative Assembly while it is in sf'ssiou for a total period of fourteen days which may be comprised in .one session or in two~ successive sessions, and if, before the expiry of the 11ea.sion in which it is so laid or the Act I of 1894. · 10 seo ion immediately following the Assam Legi!lative A~sembly agree in making any modification in the rule or the Assam Legislative Assembly agree that 'the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be ; so however, that any such modi· fcation or annulment shall be without prejudice to the validity of anything previously done under that rule. Repeal ,1nd Saving, .-?l. (1) -The Assam Land (Requ.is.it_ion and Acqui- A!sam Act sition) Act, 1948, the Assam Acqmsmon of Land for xxv ot Flood Control and Pn:venuon of Erosion Act, 1955, 1948, Assam and the Assam Acquisition of Land for Flood f:ontrol Ac\\'L of ana Prevention of Erosion (Validation) Act, 1959 are As 195 aAnd Validation of acquisi~ ti on and Comprnsa• ticn under the repealed hCta. sam ct hereby tepP-a!Pd; XXI o l 196{). - (2) Notwithstanding such repeal, · ·· "(a) . any rule made, any order issued, any notifica­ tion published, any proceedings commencer!, any action taken or anything whatsoever done under the Acts repealed, shall continue and be deemed to have continued and have effect as if made, is::ued, pubHsh­ ed, commenced, taken or done under the correspond­ ing provisions of this Act ; (b) ally action taken, order mode or other acts a·nd things· done by any officer acting or purporting to act under the Acts repealed in connection with the requisition or acquisiti•)n of any land shall be valid and -shall be deem~d always to have been valid, and shall not be call( d in question in any Court on the ground of incompetency of the officer to act under the Acts repealed. 22, l\rotwithstandiug ,mything contained in any jtl"dgment; decree or · order of any Court. all lands requisitioned, acquired, compensation paid for, worh undertaken or purported to have been requisitioned; acriuited, cumpensation paid or works undertaken· under the Acts repealed, shall be a~1d shall be deemed always to have been, as validly requisitioned, acquired, paid or undertaken as if the pro.visions of this Act were iri fr•Ue at all matrrial times when such requisi­ ii<,n -Ot: acquisition- was made or compensation was ;,~id or wo1 ks were undertaken, j •• : • . -and a~cordingly' . : ... ·(a}"no suit or other proceeding shall be maintait1ed or ··ontinued in any Court against the 't-att -Government or any officer for the release of any lan.d so rt.quisition d or ·acq uirerl or for payment of any damages -; and · _: .. -- ·(b) no Co1:1rt shall enforce:- d rcr e or ·01Ci er dir~cting tl:e r<1lease of any land ~o requisitioned . or .ic~t.ir~d 01 for the payment of any damage!l. · ... B. SAR:MA, Stcy. to the Govt . of Assam·, Law Deptt. •