Assam Land (Requisition and Acquisition) Act, 1964
No: 15 Dated: Aug, 03 1964
THE ASSAM LAND (REQUISITION AND ACQUISITION) ACT, 1964
ASSAM ACT XV OF 1964
An Act to amend and consolidate the law for requisition and speedy acquisition of premises and land for certain public purposes.
Preamble. - Whereas it is expedient to amend and consolidate the law for requisition and speedy acquisition of premises and land for certain public purposes ;
It is hereby enacted in the Fifteenth Year of the Republic of India as follows :
1. Short title, extent and commencement. - (1) This Act may be called the Assam Land (Requisition and Acquisition) Act, 1964.
(2) It extends to the State of Assam.
(3) It shall come into force at once.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context :
(a) "Collector", "Land" and "person interested" have the same meaning as in the Land Acquisition Act, 1894 (Act 1 of 1894) ;
Explanation. - Land for the purpose of this Act includes trees, buildings and standing crops on it, and assessment.
(b) "Court" means a Principal Civil Court of original jurisdiction and includes the Court of any Additional Judge, Subordinate Judge or Munsif whom the State Government may appoint, by name or by virtue of his office, to perform, concurrently with any such principal Civil Court, all or any of the functions of the Court under this Act within any specified local limits and, in the case of Munsif upto the limits of the pecuniary jurisdiction with which he is vested under Section 19 of the Bengal, Agara and Assam Civil Courts Act, 1887;
(c) "displaced Person" means-
(i) any person, who on account of this setting up on the two Dominions of India and Pakistan or on account of civil disturbances or the fear of such disturbances in any area now forming part of Pakistan has been compelled to leave his place of residence in such area after the 1st day of March, 1974 and who has subsequently been residing in India and is in distress, or
(ii) a person who has been displaced due to various acquisition proceedings relating to land in Assam since 1943.
(d) "Owner" means proprietor or patta holder and his co-sharer ; and
(e) "Prescribed" means prescribed by rules made under this Act.
3. Power to requisition. - (1) If in the opinion of the State Government or any person authorised in this behalf by the State Government it is necessary so to do, for maintaining supplies and services essential to the life of the community or for providing proper facilities for accommodation, transport, communication, irrigation, flood control and anti-erosion measures including embankment and drainage or for providing land individually or in groups to landees, flood affected or displaced persons, or to a society registered under the Assam Co-operative Societies Act, 1949 (Assam Act I of 1950), or a company incorporated under the Companies Act, 1956 (Act I of 1950), or a company incorporated under the COMPANIES ACT, 1956 (Act I of 1956), formed for the benefit and rehabilitation of landless, flood affected or displaced persons [or to provide land for the purpose of construction of border fencing and allied works, including border roads and check posts connected therewith, along Bangladesh border] the State Government or the person so authorised, as the case may be, may by order in writing, requisition any land ana may make such further orders as appear to it or to him to be necessary or expedient in connection with the requisitioning.
(2) An order under sub-section (1) shall be served in the prescribed manner on the owner of the land and where the order relates to land in occupation of a tenant, also on such tenant.
(3) When the order for requisition is made by any authority other than the State Government, any person interested in the land, within 30 days from the date of service of the order, may appeal to the State Government and the decision of the State Government in such appeal shall be final.
4. Power to take possession of requisitioned land. - (1) Where any land has been requisitioned under Section 3, the State Government or the person authorised in this behalf by the State Government may, by order in writing, direct 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 whether at the time of requisition or at any time thereafter before the land is released from requisition or under Section 8. to surrender or deliver possession thereof to the Collector or any other person duly authorised by him in this behalf within such days of the service of the order as may be specified therein.
(2) If any person refuses or fails to comply with an order made under sub-section (1) the State Government 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 that purpose, use such force as may be necessary.
(3) An order under sub-section (1) shall 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 than the person on whom the notice is served enters into possession of the land, nothing in this sub-section shall be construed as requiring fresh notice on such person and such person shall deliver possession to the Collector or any other person duly authorised by him in this behalf, on the date previously notified, notwithstanding that no fresh notice has been served on him.
(5) If it is found that the person entering into unauthorised possession of the land under sub-section (4) has raised any crop or erected any building or other construction on the land, 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 or the building or other construction so erected by such person and such person shall not be entitled to any compensation for any loss or damage so done.