The ASSAM ACQUISITION OF LAND FOR FLOOD CONTROL AND PREVENTION OF EROSION ACT, 1955 (SINGLE DOCUMENT)
# (Received the assent of the President on the 11th April 1955)


# ASSAM ACT VI OF 1955


# THE ASSAM ACQUISITION OF LAND FOR FLOOD CONTROL AND
 PREVENTION OF EROSION ACT, 1955


# An
 Act

_to provide for speedy acquisition of land for works or other development_
_measures in Connection with flood or prevention of erosion._

**Preamble.** WHEREAS it is expedient to make provisions for the speedy acquisition of

lands necessary for works or other development measures in connection with
flood or prevention of erosion.

It is hereby enacted in the Sixth Year of the Republic of India as follows :-
**Short title,** **1.** (1) This Act may be called the Assam Acquisition of Land for Flood Control
**extent and** and Prevention of Erosion Act, 1955.
**commencement.**

(2) It extends to the whole of the State of Assam.

(3) It shall come into force at once.

**Definitions.** **2.** In this Act, unless there is anything repugnant in the subject or context
(1) "Land" and "person interested" have the meanings respectively assigned to

them in the Land Acquisition Act, 1894 (Act I of 1894).


(2) "Collector" means the Deputy Commissioner or Subdivisional Officer in

charge of a subdivision.

**Power to** **3.** If, in the opinion of the State Government or such officer as is empowered in
**acquire land.** this behalf by the State Government it is necessary or expedient to acquire
speedily any land for works or other development measures in connection with
flood control or prevention of erosion, the State Government or such officer,
may by order in writing, acquire any land stating the area and boundaries of the
land.


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**Service on**
**owner or**
**occupier**
**affected by the**
**order of**
**acquisition.**

**Vesting and**
**taking**
**possession of**
**the land.**


**4.** The Collector shall cause the order passed under section 3 to be served in such
manner as may be prescribed on the owner of the land and on the occupier in
cases where the owner is not in occupation of the land and also a notice to the
same effect 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 so served is not readily traceable or
the ownership of the land is in dispute, the Collector shall cause the above order
and notice to be published in such other manner as may be prescribed.

**5.** (1) When an order of acquisition is served or is published under section 4, the
land shall vest absolutely in the State Government free from all
encumbrances on the date the order is so served or published.

(2) The Collector may, at any time after the 1and becomes so vested, proceed

to take possession thereof.


(3) On such vesting, the order passed under section 3 shall be published in the

official Gazette in the manner prescribed.

**Compensation.** **6.** The owner of the land which has vested in the Government under section 5(1)
shall get compensation at the following rate:
(1)  [1][for land including standing crops and trees, if any, but excluding building

or structure, a sum not exceeding forty times the annual land revenue in
case of Periodic Patta Land and fifteen times the annual land revenue in
case of Annual Patta Land:]

Provided that in case of revenue free land and land paying revenue at
concessional rate the compensation will be assessed on the basis of the
revenue of similar revenue paying land of the neighbourhood.

In determining this sum the Collector shall take the following into
consideration : 
(a) the value of the land as at the date of acquisition ;

(b) the adverse effect on the value of the land due to possible floods on the

land or danger of erosion of such land ;

(c) the benefit the owner is likely to derive in respect of his other lands in

the area due to the control measures ;

(d) 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 time of
the Collector taking possession thereof ;

1. Subs. by Assam Act No. XVII of 1959.

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(2) for building or structure, if any, a sum equivalent to the sale proceeds of the

materials of the same plus 15 percent. thereof:


Provided that if in lieu of this compensation the owner chooses to take
away the materials the Collector shall allow him to do so within such time
as specified by him and the cost of the shifting of the **[1][buildings or**
structures as the case may be] as may be approved by the Collector in the
manner prescribed shall be borne by the Government, which cost however,
shall not exceed 20 percent. of the value of the [2][buildings or structures as
the case may be] as determined by the Collector.

**Payment of** **7.** The Collector may, in cases where the owner prays for payment of
**interim** compensation pending the investigation of his claim and determination of the
**compensation.** compensation, make interim payment after a preliminary enquiry on the

execution by the claimant of an indemnity bond with two sureties.

**Award.** **8.** Whenever in pursuance of this Act any land is acquired the Collector shall make
an award under his hand of
(i) the area of the land;

(ii) the compensation which in his opinion should be allowed for the land,

stating the interim payment if any, made by him ;

(iii) the apportionment of the said compensation among all the persons known

or believed to be interested in the land of whom or of whose claims he has
information.


**Appeals.** **9.** Any person aggrieved by an award made by the Collector may apply to the
Collector within seven days of the making of the award requiring the Collector
to refer the matter to arbitration and the Collector shall thereupon prepare a
brief statement of the case and refer the matter to the decision of the arbitrator
appointed by the State Government in this behalf.

**Collector may** **10.** If the Collector is opposed or impeded in taking possession under this Act of
**enforce order.** any land, he may use or cause to be used such force as may be necessary to
evict any person from the land.

**Penalties.** **11.** Whoever obstructs any person from lawfully taking possession of any land
under this Act shall be punishable with imprison-ment for a term which may
extend to one year or with fine which may extend to two thousand rupees or
with both.

**Protection of** **12.** No suit, prosecution or other legal proceeding shall lie against any person for
**action taken in** anything which is in good faith done or intended to be done in pursuance of any
**good faith.** of the provisions of this Act or any order made thereunder.


1. Subs. by Assam Act No. XVII of 1959.

2. Subs. by Assam Act No. XVII of 1959.


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**Bar to** **13.** Except as otherwise expressly provided in this Act no Court shall have
**jurisdiction.** jurisdiction to question the legality of any action taken or order made under this
Act.

**Power to make** **14.** The State Government may, by notification in the official Gazette, make rules
**rules.** for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the fore-going

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 interested or published ;

(b) the manner in which the Collector shall exercise any of his powers

under this Act ;


(c) the procedure to be followed in arbitrations ;


(d) the procedure for sale or disposal of mateials of buildings or structure

on land ;


(e) the manner in which the cost for the shifting of materials to be borne

by the State Government shall be approved.

**15.** Any sum payable to the Government under the provisions of this Act may be


realised as an arrear of land revenue.

**Repeal of** **16.** (1) The Assam Acquisition of Land for Flood Control and Prevention of
**Assam**

Erosion Ordinance, 1955 (Assam Ordinance II of 1955), is hereby

**Ordinance II of**

repealed.

**1955.**

(2) Notwithstanding such repeal, anything done or any action taken in the

exercise of any power conferred by or under the said Ordinance shall be
deemed to have been done or taken in the exercise of the powers conferred by or under this Act, as if this Act were in force on the day on which
such thing was done or action was taken.


**B.C. BARUA,**

Secy. to the Govt. of Assam, Leg & Judl. Deptt.

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