(1) Not withstanding anything contained herein before, if in the opinion of the State Government or the Collector j,t is necessary or expedient to acquire speedily any land for works or other development measures in connection with flood control and anti erosion measu res including embankment and drainage, ;
6 the State Government or the Collector by order in writing acquire the land stating the area and bounda ries thereof.
(2) The Collector shall cause the order passerl under sub-section (I) to be served in such manner as may be prescribed on the owner of the land and also on the tenant or the occupant in cases where the owner is not in rJccupation of the land and also a notice t.o the same ef!ect stating that claims to compensation for all interests in the land may be made to him within such time as may be prescribed:
Provided that when the person to be >o served is not readiiy traceable or the ownership of the land is in dispute, the Collector shall cause the above order and notice to be P'-•bfohed in such manner as may be pr<::~cribed.
Vesting and 10. (1) When an order of acquisition is served or taking. published under sub-section (2) ot section 9, the land pfs~esswn shall vest absolutely in the State Government free ~cqui~~ from all encun:ibrances on the <lat•' the order is rn under sec- rerved <'r published.
tion 9.
(2) The Collector may, at any time after the land becomes so vested, pr0ceecl to take posse,sion thereof.
(3; On such vesting, the order passed under sub section { l) of section Y shall be published in the official Gazette in the manner prescribed.
Compensa- l l. (1) Subject to the provisions of sub-~ection (2), tion. whenever any land is acquired under section 6 or section 9 there shall be paid compensation the amount of which shall be determined by the Collector. In determining the amount of compensation the Col lector shall take into consideration the market value of the land for a period of five years preceding the date of i:-ublication of the notice under sub-section (1) of sec tion 6 where the land is acquired under the said section, and where the land is acquired under section 9, from the date of passing the order under sub-section ( J·) of the said section, and the amount of compensation payable shall be on the basis of the average market value so arrived at:
Provided that where any building is acquired under section 6, the compensation shall be payable at the market value of the building on the date of pc!blication of the notice under sub-section (1) thereof.
(2) In the case nf land with respect to which any settlement has been made for special c1Jltivation or which is included in any grant, if such land is ·~- •' 7 lying fallow or uncultivated or is not utilisccl for the purpose fer which the grant or settle ment was made or for the purposes incidental thereto, then the compensation payable for acquisi tion of such land together with trees if any standing on it shall be an amount equal to ten times the annual land revenue which, on the date of publication of the notice referred to in sub-section ( 1) of section 6 or sub-section (1) of si:ction 9, is or would have been payable if such land is or had been a-;sessable to revenue at full rates:
Provided that where an y amount was originally paid to Government by the grantee as price or pre mium for the land, an additional amount equal to the amount originally paid by the grantee shall also be payable.
Explanation.-"SpeCial cultivation" means cultiva tion which involves, either owing to the nature of the crop or owing to the process of cultivation, a much larger expenditure of capital per acre than is incurred by most of the cultivators in the State, aml includes cultivation of tea.
\ 3) when the com per sation has been determin ::-d under sub-secticn (l) or sub-section (2), the Collector Act I cf shall make an award in accordance with the principles 1894.
set out in section i l of the Land Acquisition Act, 1894 but no amount referred to in sub-section (2) of section 23 of that Act shall be included in the award.
(4) Where any land is requisitioned under section 3, there shall be paiu subject to the provisions of sub section (5) below, to every person interested such com pensation as may be agreed upon ill writing between such person and the Collector or in the absence of agreement, reaso11able compensation in respect of-
(a) the requisition cf such land; and
(b) the damage done during the period of requi sition of such land other than what may ha\e been sustained by reasona ble wear and tear and irresistib!e force:
Provided th1t in determinin g the amount of com· pemation whether in the case of agreement or other wise, such amonnt ~hall not exceed the rent payable under the provisions of the As3am Urban Areas Rent Control Act, 1961 or the Assam Non-Agricultural Assam Act Urban Areas Tenancy Act, 1955 or the Assam (Tern - II ol 1962.
porarily Settled Districts) Tenancy Act, 1935 S 'J far as Assam Act they m ay be applicable or of any of the statutory ~JJ5 of re-en actment or modification 'thereof. Assam. Act \5) Notwithstanding the provisions of sub-section
(2) of section 12, in the case of land included in any grant or settlement made for special cultivation or III of
1935.
8 othet· purposes which is lying fallow or uncultivated and which is requisitionerl for the purpose of cultivation, the annual compensation payable under clause (a) of sub-section (4) shall in no case be more than double the annual land revenue whicl:, on the date of order of requisition , i5 or would have Leen payable if such land i1 or had b~en assessable to revenue at full rates.
12. (I) The Collector shall in every case- Reference to Court.
(a) where any person aggrieved Ly an award made under sub-section (3) of section 11 makes an application requiring the matter to be referred to the Court ; or
(b) where there is any disagreement with regard to the compensation payable under sub-~ection (4-) of section 11 on the appli cation of the person entitled to compen sation requiring the matter to be referred to Cnurt, refer the matter to the decision of the Coui t .
(2) Subject to the provisions of this Act, the Act I 0 r provisions of the Land Acquisition Act, 1894, shall 1894.
rnutatis mutandis apply in respect of any reference m :ide to the Court under snb-section (i) .
Pfay~mt · 13. 'iVhen the amount of any compensation p ;1 yo interest, bl d h" A · "d d · d · ) · a e un er t is ct 1s not pa1 or epos1te wit 1in Refund of Land.
Reven,1e Power to enter upon lanrl, etc.
t 11irty days from the da1c of the award the Collecwr shall pay the amount awarded with interest thereon at the rate of 6 per cent per annum from the date of the award until it shall have been so paid or deposi ted.
14. After the publication of the noticP. referred to in sub-section (1) of sectiun 6 or after taking possession of the land under sub-section (2) of section 10, as the case may be, no land revenue shall be payable for any period thereafter and land revenue if any paid in respect of such period shalt be ref uncled.
15. The State Government may, with a view to requisitioning zny land or for the purpose of Jetermina tion by the Collector of t ie amount of compensa tion payable under this Act, by order:-
(a) require any person to furnish to such authority as may be specified in the order such information in his possession relating to the property a ' may be specified ;
(b) direct that the owner or occupier of the land shall not dispose of it or alter it tJ- .9 without permission from the Government till the expiry of such period as may be specified in the order ;
(c) authorise any person to perform in respect of any land all or any of the functions referred to in sub-section (2) of section 4 of the Land Acquisition Act, 1894.
Penalty · 16. If any person contravenes any order made under this Act he shall be pur.ishable with imprison . nient for a term which may extend to one year or with fine which may extend to two thousand rupees or with both.
Saving 17. Save as otherwise expressly provided in this Act 110 decision or order made in exercise of any power conferred by or under this Act ~hall be called in question in any Court.
Pw~cction of 18. (1) No suit, prosecution or other legal procee 'llCOon ta.ken ding shall lie a12ainst any person for anythin~ which Ut!dcr th11 • • d f: . h d . d d b d • ~t. IS m goo , . a1t one or mten e to e one m pursuance of this Act or any rule or any order made thereunder.
(2) Save as otherwise expressly provided in this Act, no suit or other legal proceeding shall lie against the State Government for any damage caused or likely ta be causP.d by anything in good faith c1onf!
or intended to be done in pursuance of thi<1. Act or any rule or any order made thereunder.
J.tccove1y of 19. Any money · payable to State Government :b~eio ~: under this Act shall be recoveratle as arrear of land vcrnmrnt. revenue.
Power to 20. (I) The State Government may D'ake l'ules make rulCll. or carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the fore;<oing powers, such rules may provide for all or any of the following matten, namely:-
(a) the. manner of service of orders on the owner or occupier of land referred to in sub-section (2) of section 3 ;
{b) the manner of service of notice and orders on-the persons referred to in sub-section (2) of section 7 and in sub-section (2) of section 9 respectively J tc) the manner and the conditions and terms on which land will be settled or disposed of by Government ; and (d} the manver of disposal of any structure or tree standing on the land.
(3) Every rule made under this section sha]l be laid, .as soon as may be after it is made, before the Assam Legislative Assembly while it is in sf'ssiou for a total period of fourteen days which may be comprised in .one session or in two~ successive sessions, and if, before the expiry of the 11ea.sion in which it is so laid or the Act I of
1894.
· 10 seo ion immediately following the Assam Legi!lative A~sembly agree in making any modification in the rule or the Assam Legislative Assembly agree that 'the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be ; so however, that any such modi· fcation or annulment shall be without prejudice to the validity of anything previously done under that rule.
Repeal ,1nd Saving, .-?l. (1) -The Assam Land (Requ.is.it_ion and Acqui- A!sam Act sition) Act, 1948, the Assam Acqmsmon of Land for xxv ot Flood Control and Pn:venuon of Erosion Act, 1955, 1948, Assam and the Assam Acquisition of Land for Flood f:ontrol Ac\\'L of ana Prevention of Erosion (Validation) Act, 1959 are As 195 aAnd Validation of acquisi~ ti on and Comprnsa• ticn under the repealed hCta.
sam ct hereby tepP-a!Pd; XXI o l 196{).
- (2) Notwithstanding such repeal, · ·· "(a) . any rule made, any order issued, any notifica tion published, any proceedings commencer!, any action taken or anything whatsoever done under the Acts repealed, shall continue and be deemed to have continued and have effect as if made, is::ued, pubHsh ed, commenced, taken or done under the correspond ing provisions of this Act ;
(b) ally action taken, order mode or other acts a·nd things· done by any officer acting or purporting to act under the Acts repealed in connection with the requisition or acquisiti•)n of any land shall be valid and -shall be deem~d always to have been valid, and shall not be call( d in question in any Court on the ground of incompetency of the officer to act under the Acts repealed.
22, l\rotwithstandiug ,mything contained in any jtl"dgment; decree or · order of any Court. all lands requisitioned, acquired, compensation paid for, worh undertaken or purported to have been requisitioned;
acriuited, cumpensation paid or works undertaken· under the Acts repealed, shall be a~1d shall be deemed always to have been, as validly requisitioned, acquired, paid or undertaken as if the pro.visions of this Act were iri fr•Ue at all matrrial times when such requisi ii<,n -Ot: acquisition- was made or compensation was ;,~id or wo1 ks were undertaken, j •• : • . -and a~cordingly' . : ... ·(a}"no suit or other proceeding shall be maintait1ed or ··ontinued in any Court against the 't-att -Government or any officer for the release of any lan.d so rt.quisition d or ·acq uirerl or for payment of any damages -; and · _: .. -- ·(b) no Co1:1rt shall enforce:- d rcr e or ·01Ci er dir~cting tl:e r<1lease of any land ~o requisitioned . or .ic~t.ir~d 01 for the payment of any damage!l.
· ... B. SAR:MA, Stcy. to the Govt . of Assam·, Law Deptt.
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