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# • • - - ASSAM ACT XXIII~OF 1953 THE ASSAM LAND ACQUISITION (DIBRUGARH) AUT, 1953 (Passed by the Assembly) (Received the assent of the'President .on the 17thJuly 19.53) [Published . in the Assam Gazette, dated· the 22nd j _ul}' -1:~3]:
Preamble.
An · :· .•.
Act .· .- ..
to provide for the speedy acquisition ofland ~fl;rtg -the .river Brahmapufra in the E!ibrugarh Subdivision for.:cori~truction .
of suitable works along the river. . ' : · · · WHEREAS the action of the river Brahmaputra renders it necessary to protect the Dibrugarh Subdivision ot Assam from floods and soil erosion by constructing suitable works along the river ; . . . ~ • And whereas for the said purpose it is essential that provision should be made for the' spe!;dy acquisition of land in the said Subdivision ;
It is hereby enacted as follows:- Short title, l. (I) This Act may be called the Assam Land Acquiextent and sition (Dibrugarh) Act, 1953.
commencement. (2) It extends to the Dibrugarh Subdivision of the Definitions• Lakhimpur District.
(3) It shall come into force at once .
2. In this Act, unless there is anything repugnant in the subject or context,-
(1) "Court", .'"Land" and "person interested" have Act the meanings respectively assigned. to them in 1894, the Land Acquisition Act, 1894.
(2) ''Collector" means the · Deputy Commissioner, Lakhimpur or any other officer authorised to carry out the functions of the said Deputy Com missioner for the purpose of this Act by the State Government.
Power to 3. If, in the opi.nion of the State Government, it is acquire necessary or expedient to acquire speedily .any lari.d in the land. Dibrugarh Subdivision for the purpose of constructing any works along the river Brahmaputra for preventing fl0ods or soil erosion in that Subdivision, a notification tQ tp.at effect shall be published by the State Government in th~ Pfficial Gazette stating the an·a and the boundaries of the land proposed to be acquired: . <J.nd · the date on- w)l,ich such acquisition will be made : :,: . . ;. : . . · · Service on 4. As soon as may ~~:·after the publication ~ :(>~· the owner. or notification under section 3; ·"the Collector shall cause to. be ~~~f:.Jr by served in such manner as may be prescribed on the owner notice of of the land and also on the occupier in cases where. the acquisition. owner is not in occupation of the land, a notice to the same effect and stating that Claims to compensation for all interests in the land may be made to him within such time as may be prescribed : · [ Price l anna or ld. ] . .
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Provided that where the person to be so served is not readily traceable or the ownership of the land is in d ispute, the Collector shall cause the notice under this section to be published in such other manner as may be prescribed.
Vesting and 5. (I ) When a notice of acquisition is served or is taki?i pos· published under s-.::ction 4, the land shall vest absoll!ltely in ~~on d of the State Government free from all encumbrances on the e an · date the notice is so served or published.
(2) The Collector may, at any time after the land becomes so vested, proceed to take possession thereof.
Com- 6. The owner of the land which has vested in the pensation. Government under section 5 (I) shall get compensation at the following rate :-
(1) for land excluding building or ~tructure , if any, a sum not exceeding twe nty times the annual land reve· nue. In determining this sum the Collector shall take the following into consideration :-
(a) the value of the land as at the date 01 acquisi tion :
I b) the likelihood of soil erosion taking place in the land (and thereby affecting its value ) ;
(c) 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 ;
(2) for building or structure, if any, a sum equivalent to the sale-proceeds of the materials of the same plus 15 per cent. thereof:
Provided that if in lieu of this compensatior. the owner choses to take away the materials the Collector shall allow him to do so within such time as specified by him.
Award 7. 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 ir1 his opinion should be allowed for the land, (ii i) the apportionment of the said cotupensa tion among all the persons known or believed to be interested in the land of whom or of whose claims he has information .
Appeal~ 8. 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 the Court, and the Collector shall thereupon p repare a brief statement of the case and refer the matter to the decision of the Court.
Collec- 9. If the Collector is opposed or impeded in taking tor may en• possession under this Act of any land, he may use or force order, cause to be used such force as may be necessl:lry to evict any,person from the land .
Penal tie~.
3 10 . . Whoever obstructs any person from lawfully taking possession of any land under this Act shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both.
Prot<~c- II. No suit, prosecution or other legal proceeding tion of ac- shall lie against any person for anything which is in good ~ion taked faith done or intended to be done in pursuance of any fuith. goo of the provisions of this Act or any order made thereunder.
Bar to 12. Except as otherwise expressly provided in this jurisdic- Act, no Court shall have jurisdiction to question the tion. legality of any action taken or order made under this Act.
Power 13. (1) The State Government may, by notification to make in the official Gazette, make rules for carrying out the rules, purposes of this Act .
(2) In particular, and without prejudice to the gene rality of the foregoing 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 interes ted or published ;
(b) the manner in which the Collector shall exercise any of his powers under this Act ;
(c) the procedure for the making of any reference to the Court ;
(d) the procedure for sale or disposal of meterials of building or structure on land.
14. Any sum payable to the Government under the provisions of this Act may be realised as an arrear of land revenue.
A.G.P. {Leg.) No.20j54-1125-18·6-1954.
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