LexThe ASSAM LAND ACQUISITION (DIBRUGARH) ACT, 1953
Assam · state statute
Open in Lexace · Ask the AI about this actt
-~ .... .. · #.
# • •
- -
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 Acqui-
extent and sition (Dibrugarh) Act, 1953. commence-
ment. (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. ]
. .
I of
Provided that where the person to be so served is not
readily traceable or the ownership of the land is in d ispu te,
the Collector shall cause the notice under this section to be
publish ed in such other manner as may be prescribed.
Vesting and 5. (I ) W hen a n otice of acquisition is served or is
taki?i pos· publi shed under s-.::ction 4, the land shall vest absoll!ltely in
~~on d of the Stat e Government free from all encumbrances on the
e an · dat e th e notice is so served or published .
(2) The Collector may, at any tim e after the land
beco mes 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 compensa tion
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
followin g 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 tim e
of the Collector taking possession thereof ;
(2) for building or structure, if any, a sum equivalen t
to the sale -proceeds of the materials of the same plus 15
per cent. the reof:
Pro vided that if in lieu of this compensatior. the
owner chos es to take away the materials the Collector
shall allow him to do so within such time as specified by
him.
Award 7. Whe never in pursuance of this Act, any lan d i s
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,
(iii) the apportionment of the said cotupen sation
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
Coll ector may apply to the Collector within seven days
of the maki ng of the award requiring the Collect or t o
refer the matter to the Court, and the Collector shall
thereupon prep are a brief statement of the case and refer
the matter to the decision of the Court.
Collec- 9. If the Collecto r is opposed or impeded in taking
tor may en• possession und er 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 .
•
-- ---- -------- --