The ASSAM LAND (REQUISITION AND ACQUISITION) ACT, 1964
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 expedient to amend and consolidate

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:-

Short title, I. (1) Thi~ Act may be called the Assam Land
extent and (Requisitior. and Acquisition) A.ct, 1964.
commencc:-

ment.

(2) It extends to the State of Assam.
(3) It shall come into force at once.

r ~ c~nitiors 2. Jn this Act, unless there is anything repugnant

in the subject or context:-

_·(a)_ "Collector", "land" and "per;;on interes-

Act I ol

ted" have the same meaning as in tht> }R04,.

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

with which he is vrsted under section 19 Act XCl
_A_ the Bengal, Agra and Assam Civil ..,rt8A7,

(:Curts Act, 1887 ;


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_(c)_ "displaced 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 now forming part of Pakistan

has been compelled 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,

or
(ii) a person who has been displaced du e to

various acquisition proceedings relating
to land in Assam since 1943

_(d)_ "Owner" means proprietor or patta hold· r

and his co-sharer ; and

(e) "prescribed" means prescribed by ru1es

made under this Act.

P 0wer to 3. (1) If in the opinion of the State Government

retiuisitien. or any person authorised in this behalf by the S tate

Government it is necessary so to do, for maintaining
supplies and services essential to the life c f the com-
munity or for providing proper facilities for accom-
modation, transport, communication, irrigation, flood
contrcl and anti-erosion measures including embank-
ment and drainage or for provid ine: land individually
or in groups to land le s, flood affected or displaced
persons, or tu a society registered under the Assam Assa                  -
Co-operative Societies, Act, 194·9, or a company Act l o t

incorporated under the Companies Act, 1956, formed 1950.

Act I of

for the be11efit and rehabilitation of landless, flood 1956.
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 orders as appear to it or to
him to be neces~ ary or expedient in connection with
the requisitioning:

Provided that no l.tnd used for the purp ose of

religious worship shall be requisitioned under this

section :

Provided furth er that where it is neces~ary to pro-
vide the land to landle ~ s or displaced p ~ rsons such

land shall not be requisitioned unless the person inte-
rested in the land has been given an opportunity
of making r epresentation against it within such time
and in such manner as may be prescribed in th:s

behalf.

__..

; .,


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(2) An orde1: 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 interested in the land, within 30 days from

1he date of service of tbe circler, may appeal to the

State Government and the decision of the State
Government in such appeal shall be final.

Powers to 4. (1) Where any land has been requisitioned

tak~ pos- under section 3, the State Government or the person
**session** **of**
requisi- authl)rised in this behalf by the State Government
tioned may, by order in writing, direct the owner, the tenant,
land. 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 order made under sub-section (l ), the State
Governmc-nt or the person authorised in this behalf, in
addition 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 prescribed 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 service of the notice on the owner,
tenant 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 raised 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


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Repairs to 5. Where any land with building standing thereon

Building!<-
is requisi tion~d under section 3, the State Governm~nt
or the p" rson authorised in this behalf by the State

Goverm 1 ent mny order 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
behalf by the State Government may cause repair.~

specified in the <•rder to be executed at the exp ense of

the owner and the coot thereof, may, without prejudice
to any other mode of recovery, be deducted from the
compensation 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 interested 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
expedient and may acquire such land by publishing
in the official Gazette, a notice to the effect that the
State Government has decir!ed to acquire such land in
pursuance of this section.
(2) Where a notice as aforesaid is published in
the official Gazette, the requisitioned 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.

(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

1'1•tice to

persons sub-section (1) of section 6, the Collector shall cause
inl.erested, - public notice te be given at convenient places on or

near the land to be taken statilig that the State
Government has acquired the land, and that claims
to compensation for all interests in such land may
be made to him.

(2) Such notice shall state the particulars 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


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place therein mentioned (such time not being earlier
than fil teen days after the date of publication of the
notice), nnd to state the nature of their respective
interests in the land and the amount and particulars
c.f their claim to compensation for such int crc~ts.

The Collector rnay in any case require such stat ' ment

to be made in writing and signed by the party or
his ... gent.

i{cJe1.sef1om 8. (!) Where any land requisitioned under

1eq uisi tiln, section 3 is not acquired a nd is to be released from
req uisition, it will revert to the owner and the Collector
will deliver possession of fr e land to such owner or
p erson interested who was recognised under sub-

section (-!) of section 11 in as good a condition as the
land was when posse ~sion thereof was taken subject
only to the changes caused by reasonable wear <..n d tear
and irresistible force.

(2) The delivery of possession of such land tu the

person specified in the order made under sub-section
(I ) shall be a full discharge of any liability of the

State Government to deliver possession to such

person a~ may have rightful claim to possession 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 against the person to whom
possession of the land is so delivered.

(3) Where the person to whom the possession of
any land requisitioned under s'ection 3 is to be delivered
cannot be found or is not readilv traceable or has
no agen t or other person empowen.d to accept
delivery on his behalf, the State Government shall
publish in the official Gazette a notice declaring that
such land is released from requisition and shall cause
a copy thereof to be affixed on some conspicuous
part of such land.

( 4) When a notice referred to in sub-section (3)

is published in , the official Gazette, the land spc: cified
in such notice 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.

Speedy 9. (1) Not withstanding anything contained herein

acquisitio:a
of!and in before, if in the opinion of the State Governmen t or
certain the Collector j,t is necessary or expedient to acquire
cases. speedily any land for works or other development

measures in connection with flood control and anti-
erosion measu res including embankment and drainage,


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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 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


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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 lan d, 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 reasonable wear and
tear and irresistib!e force:
Provided th1t in determinin g the amoun t 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-Ag ricultural Assam Act
Urban Areas Tenancy Act, 1955 or the Assam (Te rn            - II ol 1962.

porarily Settled Districts) Tenan cy Act, 1935 _S'J_ far as Assam Act

they m ay be applicable or of any of the statutory ~JJ of
5
re-enactment or modification 'thereof. Assam. Act

III of

\5) Notwithstanding the provisions of sub-section 1935.
(2) of section 12, in the case of land included in any
grant or settlement made for special cultivation or


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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 (a) where any person aggrieved Ly an award

Court. 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 y-

o interest, a e bl un d er t h" is A ct 1s · not pa1 "d or d epos1te · d wit · ) · 1in

t [1]1irty 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.

Refund of 14. After the publication of the noticP. referred to

Land. in sub-section (1) of sectiun 6 or after taking possession
Reven ,1e 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.

Power to 15. The State Government may, with a view to
enter upon requisitioning zny land or for the purpose of Jetermina-

lanrl, etc. 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


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### tJ- 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

Act I of

referred to in sub-section (2) of section 4

1894.

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

~t. Ut!dcr th11 IS • m goo , . • d f: a1t . h d one or mten . d d e to b e d 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


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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 .-?l. (1) -The Assam Land (Requ.is.it_ion and Acqui- A!sam Act

Saving, 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

195
ana Prevention of Erosion (Validation) Act, 1959 are Assam aAnd 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.

Validation 22, l\rotwithstandiug ,mything contained in any
of acquisi~ jtl"dgment; decree or · order of any Court. all lands
ti on and requisitioned, acquired, compensation paid for, worh

Comprnsa•
ticn under undertaken or purported to have been requisitioned;
the repealed acriuited, cumpensation paid or works undertaken·

hCta. 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

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              - cq uirerl or for payment of

any damages -; and            -

_: .. -- ·(b) no Co1:1rt shall enforce:- dr cr 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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