Assam Land Grabbing (Prohibition) Act, 2010.
No: 21 Dated: Nov, 18 2011
THE ASSAM LAND GRABBING (PROHIBITION ) ACT, 2010
ASSAM ACT NO. XXI OF 2011
An Act to prohibit the activity of land grabbing in the State of Assam.
Preamble. - Whereas there are organized attempts on the part of certain lawless persons operating individually and in groups to grab, either by force or by deceitful means or otherwise, lands whether belonging to the Government, a Public Sector Undertaking, a local authority, a religious or charitable institution or endowment, including a wakf or any other private persons or a site of historical monuments etc;
And, whereas it is necessary to arrest and curb immediately such unlawful activities of land grabbing;
And whereas public order is adversely affected by such unlawful activity of land grabbers.
It is hereby enacted in the Sixty-first Year of the Republic of India as follows :-
1. Short title, extent, application and commencement. - (1) This Act may be called the Assam Land Grabbing (Prohibition) Act, 2010.
(2) It extends to the whole of Assam except the Autonomous districts of Karbi Anglong, Dima Hasao and the Bodo Land Territorial Council Area:
Provided that the Government may, by notification in the official Gazette, extend the operation of this Act to the aforesaid areas also with the consent of the concerned Autonomous Councils as and when considers necessary.
(3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.
(4) It applies to all lands situated within the limits of Guwahati Municipal Corporation established under the Guwahati Municipal Corporation Act, 1969 (Assam Act No. I of 1973) and the Municipalities and Town Committees declared as such under the Assam Municipal Act, 1956 (Assam Act No XV of 1957) and also applies to the rural areas of Assam save and except the Autonomous Districts of Karbi Anglpng, Dima Hasao and the Bodo Land Territorial Council Area.
2. Definition. - In this Act, unless the context otherwise requires, -
(a) "Government" means the State Government of Assam;
(b) "Land" includes right in or over land, benefits to arise out of land and buildings, structures and other tilings attached to earth or permanently fastened to anything attached to earth and includes standing trees and crops ;
(c) "Land belonging to private person", means any land belonging to, -
(i) a private individual; or
(ii) an evacuee ;
the value or the extent of which or the nature of the evil involved shall be of substantial nature or in the interest of justice required ;
(d) "land grabber" means a person or a group of person who occupy or attempt to occupy with or without the use of force, threat, intimidation and deceit, land over which he or they have no ownership, title or physical possession and includes any person who gives financial aid to any person or group of persons for taking up illegal possession of land over which he or they have no ownership or title and for construction of unauthorized structures thereon, or who abets the doing of any of the above mentioned acts, and also includes the successors-in-interests;
(e) "land grabbing" means every activity of land grabber to occupy or attempting to occupy with or without the use of force, threat, intimidation and deceit, any land (whether belonging to the Government, a Public Sector undertaking, a local authority, a religions or charitable institution or endowment, including a wakf or any other private person) over which he or they have no ownership, title or physical possession, without any lawful entitlement and with a view to illegally taking possession of such land or creating illegal tenancies or lease or licence, agreements or by constructing unauthorized structures thereon for sale or hire or use or occupation of such unauthorized structures and the term "grabbed land" shall be construed accordingly;
(f) "person" includes a group or body of persons, an association, a local authority, institution or a religious or charitable institution or endowment whether incorporated or not;
(g) "prescribed" means prescribed by rules made under this Act;
(h) "Special Tribunal" means a Court of the District and Sessions Judge, having jurisdiction over the area, and includes the Additional District and Sessions Judge;
(i) "Special Court" means a Special Court constituted under section 14 of this Act;
(j) "Unauthorized Structures" means any structure constructed under the Guwahati Municipal Corporation areas without express permission in writing of the Gauhati Municipal Corporation or the Guwahati Metropolitan Development Authority constituted under the Guwahati Municpal Corporation Act, 1969 (Assam Act No. I of 1973) and the Guwahati Metropolitan Development Authority Act, 1985, (Assam Act No. 20 of 1987) respectively, and elsewhere without the express permission of the authority concerned, or except in accordance with any law for the time being in force in the area concerned.
3. Land Grabbing to be unlawful. - Land grabbing in any form is hereby declared unlawful and any act connected with or arising put of land grabbing shall be a cognizable offence under the Code of Criminal Procedure, 1973 (Act 2 of 1974) and punishable under this Act.
4. Prohibition of land grabbing. - (1) No person shall commit or cause to be committed land grabbing.
(2) No person shall, on or after the commencement of this Act, continues to be in occupation, otherwise than as a lawful tenant, of a grabbed land belonging to the Government, State Government undertaking, local authority, religious or charitable institution or endowment including a wakf, or other private person.
(3) Whoever contravention the provisions of sub-section (1) or sub-section (2) shall be guilty of an offence punishable under this Act and on conviction, be punished with imprisonment for a term not less than two years, which may extend to five years and with fine which may extend to twenty five thousand rupees.
5. Penalty for other offence in connection with land grabbing. - Whoever, with a view to grabbing land in contravention of the provisions of this Act or in connection with any such land grabbing, -
(a) sells or allots, or offers or advertises for sale or allotment, or has in his possession for the purpose of sale or allotment, any land grabbed;
(b) instigates or incites any person to commit land grabbing;
(c) uses any land grabbed or causes or permits knowingly to be used, for purpose connected with sale or allotment; or
(d) causes or procures or attempts to procure any person to do any of the above mentioned acts shall, on conviction be punished with imprisonment for a term not less than two years which may extend to five years and with fine which may extend to twenty five thousand rupees.
6. Offences by Companies. - (1) If the person committing an offence under this Act, is a company, the company as well as every person in charge of and responsible to, the company for the conduct of its business at the time of commission of the offence, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1) above, where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of any director, manager, secretary or other officer, of the company, such director, manager, secretary or officer shall also be deemed be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation. - For the purpose of this section -
(a) "Company" means any body corporate and includes a firm or other association of individuals, and
(b) "director" in relation to a firm means a Partner in the firm.
7. Special Tribunal. - There shall be a Special Tribunal for the purpose of enquiry into any alleged act of land grabbing and trial of cases in respect of the ownership and title to or lawful possession of the land grabbed and the court of District and Sessions Judge having jurisdiction over the area shall be the Special Tribunal for the purposes of this Act and shall include Additional District and Sessions Judge having jurisdiction over the area.