(1) When an order of acquisition is served or is published under section 4, the land shall vest absolutely in the State Government free from all encumbrances on the date the order is so served or published.
(2) The Collector may, at any time after the 1and becomes so vested, proceed to take possession thereof.
(3) On such vesting, the order passed under section 3 shall be published in the official Gazette in the manner prescribed.
Compensation. 6. The owner of the land which has vested in the Government under section 5(1) shall get compensation at the following rate:-
(1) 1 [for land including standing crops and trees, if any, but excluding building or structure, a sum not exceeding forty times the annual land revenue in case of Periodic Patta Land and fifteen times the annual land revenue in case of Annual Patta Land:]
Provided that in case of revenue free land and land paying revenue at concessional rate the compensation will be assessed on the basis of the revenue of similar revenue paying land of the neighbourhood.
In determining this sum the Collector shall take the following into consideration : -
(a) the value of the land as at the date of acquisition ;
(b) the adverse effect on the value of the land due to possible floods on the land or danger of erosion of such land ;
(c) the benefit the owner is likely to derive in respect of his other lands in the area due to the control measures ;
(d) the damage sustained by the person interested by reason of the taking of any standing crops or trees which may be on the land at the time of the Collector taking possession thereof ;
1. Subs. by Assam Act No. XVII of 1959.
3
(2) for building or structure, if any, a sum equivalent to the sale proceeds of the materials of the same plus 15 percent. thereof:
Provided that if in lieu of this compensation the owner chooses to take away the materials the Collector shall allow him to do so within such time as specified by him and the cost of the shifting of the 1 [buildings or structures as the case may be] as may be approved by the Collector in the manner prescribed shall be borne by the Government, which cost however, shall not exceed 20 percent. of the value of the 2 [buildings or structures as the case may be] as determined by the Collector.
Payment of interim compensation.
7. The Collector may, in cases where the owner prays for payment of compensation pending the investigation of his claim and determination of the compensation, make interim payment after a preliminary enquiry on the execution by the claimant of an indemnity bond with two sureties.
Award. 8. Whenever in pursuance of this Act any land is acquired the Collector shall make an award under his hand of-
(i) the area of the land;
(ii) the compensation which in his opinion should be allowed for the land, stating the interim payment if any, made by him ;
(iii) the apportionment of the said compensation among all the persons known or believed to be interested in the land of whom or of whose claims he has information.
Appeals. 9. Any person aggrieved by an award made by the Collector may apply to the Collector within seven days of the making of the award requiring the Collector to refer the matter to arbitration and the Collector shall thereupon prepare a brief statement of the case and refer the matter to the decision of the arbitrator appointed by the State Government in this behalf.
Collector may enforce order.
10. If the Collector is opposed or impeded in taking possession under this Act of any land , he may use or cause to be used such force as may be necessary to evict any person from the land.
Penalties. 11. Whoever obstructs any person from lawfully taking possession of any land under this Act shall be punishable with imprison-ment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both.
Protection of action taken in good faith.
12. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act or any order made thereunder.
1. Subs. by Assam Act No. XVII of 1959.
2. Subs. by Assam Act No. XVII of 1959.
4 Bar to jurisdiction.
13. Except as otherwise expressly provided in this Act no Court shall have jurisdiction to question the legality of any action taken or order made under this Act.
Power to make rules.
14. The State Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the fore-going power, such rules may provide for all or any of the following matters, namely:-
(a) the manner in which any notice or order under this Act may be served on the person interested or published ;
(b) the manner in which the Collector shall exercise any of his powers under this Act ;
(c) the procedure to be followed in arbitrations ;
(d) the procedure for sale or disposal of mateials of buildings or structure on land ;
(e) the manner in which the cost for the shifting of materials to be borne by the State Government shall be approved.
15. Any sum payable to the Government under the provisions of this Act may be realised as an arrear of land revenue.
Repeal of Assam Ordinance II of
1955.