(1) This Act may be called the Assam Land Grabbing (Prohibit ion) 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 notifica tion in the official Gazette, extend the operation of this Act to the aforesaid areas also with the consent of the concerned Autonomous Counci ls as and when considers necessary.
THE ASSAM GAZETTE, EXTRAORDINARY, NOVEMBER 18 ,2011 254?
Definitions.
(3) It shall come into force on such date as the Government may, by noti fication 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 and the Municipalities and Town Committees declared as such under the Assam Municipal Act, 1956 and also applies to the rural areas of Assam save and except the Autonomous Districts o f Karbi Anglong, Dima Hasao and the Bodo Land Territorial Council Area.
2. In this Act, unless the context o therwise requires ,-
(a) “Government” means the State Government o f Assam;
(b) “Land” includes right in or over land, benefits to arise out o f land and buildings, structures and other things 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 indiv idu al; or
(ii) an evacuee ;
the value or tire extent of which or the nature of the evil involved shall be of substantial nature or in the interest of justice required ;
a Assam Act No.
I of 1973 Assam Act No.
XV of 1957 2544 THE ASSAM GAZETTE, EXTRAORDINARY. NOVEMBER 18,201!
(d) “land grabber” means a person or a group of person who occupy or attempt to occupy with or without the use o f 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 o f persons for taking up illegal possession o f land over which he or they have no ownership or title and for construc tion of unauthorized structures thereon, or who abets the doing of any of the above mentioned acts, and also includes the successors- in-interes ts;
(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 cheritab le 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 unauthorised structures thereon for sale or hire or use or occupation of such unauthorised 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;
i Land Grabbing to be unlawful Prohibition of land g rab bin g THE ASSAM GAZETTE, EXTRAORDINARY, NOVEMBER 18,2011
(h) “Special Tribunal” means a Court o f the Distr ict and Sessions Judge, having jurisd iction over the area, and includes the Additional District and Sessions Judge;
(i) “Specia l Court” means a Special Court constituted under section 14 o f 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 Guwahat i Metropolitan Development Authority constituted under the Guwahati Municpal Corporat ion Act, 1969 and the Guwahati Metropoli tan Development Author ity Act, 1985, respectively, and elsewhere without the express permission of the authority concerned, o r except in accordance with any law for the time being in force in the area concerned.
3. Land grabbing in any form is hereby declared unlawful and any act connected with or arising out of land grabbing shall be a cognizable offence unde r the Code of Criminal Procedure, 1973 and punishable under this Act.
4. (I ) 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 priva te person. °< 2545 Assam Act No.
I of 1973 Assam Act No.
20 o f 1987 Act 2 of 1974 / I 2546 THE ASSAM GAZETTE, EXTRAORDINARY, NOVEMBER 18, 2011 Penalty for 5.
other offence in connection wi th land grabbing.
Offences by 6.
Companies.
(3) Whoever contravences the provisions of sub-section (1) or sub-section (2) shall be guilty o f 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.
Whoever, with a view to grabbing land in contravent ion 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 pu ipose of sale or a llotment, 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 al lotment; 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.
(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 commiss ion of the offence, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
e 1 4 Special Tribunal THE ASSAM GAZETTE. EXTRAORDINARY, NOVEMBER JM O ll ----- 2547
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 hi s knowledge or that he exercised all due deligence to prevent the commission of such offence.
(2 ) N o tw it h st an d in g a ny th in g conta in ed in sub-secti on (1) abov e, w h e r e a n y o f f e n c e u n d e r th is A c t h a s b e e n c o m m it te d b y a com pany an d it is p ro ved th at th e o ff ence has be en com m it te d w it h th e conse n t or conn iv ance of , o r th at th e c o m m is s io n o f th e o f f e n c e is a t t r ib u ta b le to a n y n e g le c t o n th e p a r t o f a n y dir ec to r, m an ager, se cre ta ry o r o th e r of fi ce r, o f th e co m pany , su ch d ir ec to r, m an ager, secre ta ry o r off ic er sh a ll al so be deem ed be guil ty o f t ha t o ff ence and sh al l be li ab le t o be p ro ce eded a gain st a nd pun is hed ac co rd in gly .
E xp la nati on :- For th e purp ose o f th is se ct io n -
(a) “Company” means any body corporate and includes a firm or other association o f individuals, and
(b) “direc tor” in relation to a firm means a Partner in the firm.
7. There shall be a Special Tribunal for the purpose of enquiry into any alleged act of land grabbing and trial of cases in respec t of the ownership and title to or lawiul possession of the land grabbed and the court of District and Sessions Judge having jurisdict ion over the area shall be the Special Tribunal for the purposes of this Act and shall include Additional Dist rict and Sessions Judge having jurisdiction over the area.
p j 1 2548 THE ASSAM GAZETTE, EXTRAORDINARY, NOVEMBER 18, 2011 Special Tribunals and their powers and functions.