The ASSAM LAND (REQUISITION AND ACQUISITION) ACT, 1964

\~ 
The ist August 1964 t---
No.LJL.5/63/51.-The following Act of the Assam Legislative Assemhl; 
which received the assent of the Presidemt is hereby published for general 
information . 
(Received the assent of the President on the 29th July 1964) 
ASSAM AC l' XV OF 1964 
THE ASSA~ LAND (REQUISITION AND ACQUISITION) ACT, 1964. 
I 
[Published in the Assam Gazette Extraordinary, dated the 3rd August 1964] 
An 
Act 
to amend and consolidate the law for requisition a~d speedy acquisition of premises 
and land for certain public purposes. 
Preamble WHEREAS it is exp edient to amend and consolidate 
Short title, 
extent and 
commencc:­
ment. 
r ~ c~nitiors 
the law for requisition and speedy acquisition of 
premises and land for certain public purposes ; 
It is I creby enacted in the F,fteenth Year oI 
the Republic of India as follows:-
I. (1) Thi~ Act may be called the Assam Land 
(Requisitior. and Acquisiti on) A.ct, 1964. 
(2) It extends to the State of Assam. 
(3) It shall come into force at once. 
2. Jn this Act, unless there is anything repugnant 
in the subject or context:-
·(a) "Collector", "land" and "per;;on interes­
ted" have the same meaning as in tht> 
Land Acquisition Act, 1894 ; 
Explanation :-
Land rvr the purpose of this Act inclu<ies trees, 
buildings and standing crops on it, and 
easement. 
(b) "Court" means a principal Civil Court of 
original jurisdiction, and includes the 
Court of any Additional Judge, Subor­
dinate Judge or Munsif whom the State 
Governn1ent may appoint, by na11Je or by 
virtue of his office, to perform, concur­
rently with any such principal Civil 
Court, all or any of' the functions of the 
Court under this Act within any specified 
local limits :rnd, itr the case of Munsif , up 
to the limits cf the pecuniary jurisdic:ion 
Act I ol 
}R04,. 
with which he is vr sted under section 19 Act XCl 
A the Bengal, Agra and Assam Civil ..,rt8A7, 
(:Curts Act, 1887 ; 
., 
__.. 
; ., 
2 
(c) "disp laced persoD" means-
l.i) any person, who on account of this setting 
up of the two Dominio~s of India and 
Pakistan or on account of civil distur­
uances or the fear of such disturbances 
in any area no w forming part of Pakistan 
has been compe lled to leave his place 
of residence in such area after the 
1st day of March 1947 :md who has 
subsequently been residing in India and 
is in distress , 
(ii) 
or 
a person who has been displaced du e to 
var ious acquisition proceedings rela ting 
to land in Assam since 1943 
(d) "O wner " mean s proprietor or patt a hold· r 
a nd his co-sharer ; and 
(e) "prescrib ed" means pre scribed by ru1es 
made unde r this Act. 
P 0wer to 3. (1) If in the opinion of the St ate Government 
retiuisitien. or any person authorised in this behalf by the State 
Government it is necessary so to do, for maintaining 
suppli es and servi ces essentia l to the life c f the com­
munity or for providing proper facilities for acc om­
modation, tran sport, communication, irrigation, flood 
contr cl and an ti-erosion measures incl udi ng embank­
ment and draina ge or for prov id ine: land indiv idu ally 
or in groups to land le s, flood affected or displaced 
persons, or tu a society regist ered under the Assam 
Co-operative Soci eties, Act, 194·9, or a company 
incorporated under the Companies Act, 1956, formed 
for the be11efit and rehabilitat ion of landless, flood 
affecteJ or displaced perso')s the State Government 
or the person so authorised, as the case may be, 
may, by order in writing, requisition any land and 
may make such fur ther ord ers as appear to it or to 
him to be neces~ ary or expedient in connection with 
the requisitionin g: 
Provided th at no l.tnd used for the purp ose of 
religiou s worship shall be requis iti oned under this 
section : 
Provided furth er that wher e it is neces~ary to pro­
vide the land to landle ~ s or displaced p ~ rsons such 
land shall not be requisition ed unles s the person inte­
rested in the land has been given an opportunity 
of making repr esentation against it within such tim e 
and in such mann er as may be prescribed in th: s 
behalf. 
Assa •n 
Act l o t 
1950. 
Act I of 
1956. 
Powers to 
tak~ pos­
session of 
requisi­
tioned 
land. 
3 
(2) An orde1: under sub-section (1) shall be 
sen·ed in the prescribed manner on the owner of the 
hind and where the order relates to land in occupation 
of a tenant, also on such tenant. 
(3) Wh en the order for requi~ition is made Ly 
any authority other than the State Government, any 
person interest ed in the land, within 30 days from 
1he date of service of tbe circler, may app ea l to the 
State Government and the decision of the State 
Government in such appeal shall be final. 
4. (1) Where any land has been requisitioned 
under section 3, the State Government or the person 
authl)rised in this behalf by the State Government 
may, by order in writing, dir ect 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 is released from rt!quisition 
under section 8, to surrender or deli\'er possession 
thereof to the Collector or any other person duly 
a•ithorised by him in thi s behalf wi1hin suc--h days of 
the service of the ordtr as may be specitied therein. 
(2) If any person refuses or fails to comply 
with an ord er made under sub-section (l ), the State 
Governmc-nt or the person authorised in this behalf, in 
addit ion to any other provisions in this Act, may take 
possession of the land and may, for th '1 t purpose, use 
ouch force as may be necessary. 
(3) An order under sub-section (1) sl1all be 
served in the pre scribed 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 ser vice of the notice on the owner, 
ten ant or the occupant, any person other tl' an the 
person on whom the notice is served enters into pos­
~essio n of the land, nothing in tllis sub-section shall be 
construed a1 requiring fresh notice on such person anrl 
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 lhat 
no fresh notice has been served on him. 
(5) If it is fcund that the person enterivg into 
unauthorised possession of the land under sub-section 
(4) has rai sed any crop or erected any building or 
other construction on the lanrl, 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 ~r the building or other construction sG 
erected by such person and such person shall not be 
entitled to any compensation for any loss or damagtt 
so done . 
I 
Repairs to 
Building!<-
4 
5. Where any land with building standing thereon 
is requisi tion~d under section 3, the State Governm~nt 
or the p" rson authori sed in this behalf by the State 
Gov erm 1 ent mny orde r the owner to execute such 
repairs a~ may be necessary and are usually made by 
landlords of th at locality and as may be specified in 
the notice issued in this behalf within such reascna ble 
time as 1 my be mentioned therein and if the owner 
fails to execute any repairs in pursuance of such order, 
tiie State Government or the person authorised in this 
beh alf by the State Government may cause repair.~ 
specified in th e <•rder to be executed at the exp ense of 
the owner and the coot th ereof, may, without prejudice 
to any other mode of recovery, be deducted from the 
compen sation payable to the owner in such proportion 
and over mch period as ma i be prescribed : 
Provided that where an orcer is made by an 
authority other than the State Government, to carry 
out rnpairs at the expense of the owner, the owner or 
any other person inter ested in the land, within 30 
days from the date of service of the order, may appeal 
to the St.1 te Government, and the decision of the 
State Governrn nt on such appeal shall be final. 
Acquisitioni 6. (1) Where any land has been requisitioned 
of land. under section 3, the State Government may use or 
deal with it in such manner as may appear to it to be 
ex pedient an d may acquire such land by publishing 
in the official Gazette, a notice to the effect that the 
State Government has deci r!ed to acquire such land in 
pursuance of this section. 
(2) Where a notice as aforesaid is published in 
the official Gazette, the requi sitioned land and pre­
mises shall, on and from the beginning of the day on 
which the notice is so published, vest absolutely in 
the State Government free from all encumbrances 
and the period of requisiticn of such land shall end. 
1'1•tice to 
persons 
inl.erested, -
(3) Subject to the provisions of this Act- on such Act I of 
vesting, the provisions of the Land Acquisition Act, 1894.j 
1394, with the rules framed thereunder shall, so far 
as may be, apply to such land. 
7. (1) After the publication of a notice under 
sub-section (1) of section 6, the Collector shall cause 
public notice te be given at convenient places on or 
near the land to be taken stati lig that the State 
Government has acquired the land , and that claims 
to compe nsation for all interests in such land may 
be made to him. 
(2) Such noti ce shall state the parti culars of the 
land so acquired , and shall require all persons 
interested in the lrind to appear personally or by duly 
authorised agent before the Collector at a tiLe and 
5 
place therein mention ed (such time not bein g ear lier 
than fil teen days after the date of publication of the 
notice ), nnd to state the nature of their respective 
int erests in the land and the amount and particulars 
c.f their claim to compe nsation for such int crc~ts. 
The Collector rnay in any case requir e such stat ' ment 
to be m ade in writin g and sign ed by the party or 
his ... gent. 
i{cJe1.sef1om 8. (!) Wh ere any land requisiti oned under 
1equisitiln, section 3 is not acquir ed a nd is to be released from 
req uisition, it will revert to the owner and the Coll ecto r 
will de liver possession of fr e land to such owner or 
p erson interes ted who was recogn ised under sub­
section (-!) of section 11 in as good a condi tio n as the 
land was when posse ~sion th ereo f was taken subj ect 
on ly to the changes caused by reasonab le wear <..nd tea r 
and irre sistible force. 
Speedy 
acquisitio:a 
of!and in 
certain 
cases. 
(2) The delivery of possession of such lan d tu the 
pers on specified in the order made under sub-sec tion 
(I ) shall be a full discharg e of any liability of th e 
State Governmen t to deliver posse ssion to such 
perso n a~ may have rightful claim to pos session thereof 
but shall no t prejudice any right in respect of such 
land which anr other person may be cntitlt d by due 
process of law to enforce aga inst the person to whom 
possession of the land is so deli vered. 
(3) Where the person to who m th e possession of 
any land requi sitioned under s'ection 3 is to be delivered 
cannot be found or is not readilv traceable or has 
no agen t or other person empo wen.d to acce pt 
delivery on his behalf, the State Government shall 
publish in the official Gazette a notice declari ng that 
such land is released from requisition and shall cause 
a copy ther eof to be affixed on some conspicuous 
part of such land. 
( 4) When a notice referred to in sub-sect ion (3) 
is published in , the official Gazette, the land spc: cified 
in such no tice shall cease to be subject to requisition 
on and from the d ate of S' !Ch publication and shall 
be deemed to have been delivered to the person 
entitled to possession therc:of; and the State Govern• 
ment shall not be liable for any compensation 01 
other claims in respect of such land for any period after 
the said date. 
9. (1) Not withstand ing anything contained herein 
before, if in the opinion of the State Governmen t or 
the Collector j,t is ne cessary or expedient to acquire 
speedily any land for works or other deve lopment 
measures in connection with flood control and anti­
erosion measu res including embankm ent 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 su ch 
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 lect or 
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 und er 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 incident al 
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 referr ed to in sub-section ( 1) of section 6 
or sub-section (1) of si:ction 9, is or would hav e been 
payable if such land is or had been a-;sessable to 
revenue at full rates: 
Provided that where an y a mount was originally 
paid to Government by the grantee as price or pre­
mium for the land, an addit ional amount equal to the 
amo unt 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-sect ion (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 reason a ble wear and 
tear and irresistib!e force: 
Provided th1t in determinin g the amoun t of com· 
pemation wheth er 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-A gricultural Assam Act 
Urban Areas Tenancy Act, 1955 or the Assam (Te rn- II ol 1962. 
porarily Settled District s) Tenan cy A ct, 1935 S 'J far as Assam Act 
they m ay be appli cable or of any of the statutory ~JJ 5 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-sect ion (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 appl y 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 y-
o 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 un der 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 
auth ority 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~cc tion 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 refer red 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-sect ion (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 purp orted 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 
;,~i d or wo1 ks were undertaken, 
j •• : • . -and a~cordingly' 
. : ... ·(a}"no suit or other proceeding shall be 
maintait 1ed 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:- drcr e or ·01Cier 
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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