Assam Land Grabbing (Prohibition) Act, 2010 (Assam Act No.XXI 2011)

// \ .. Registered No. 768 97 THE ASSAM GAZETTE \Sf "11 t1R'f EXTRA ORDINARY ~~~~<t~~· PUBLISHED BY THE AUTHORITY "~ 410~~' ~~' 18~, 2011,27~, 1933 (~) No. 410 Dispur, Friday, 18th November, 2011, 27th Kartika, 1933 (S.E.) GOVERNMENT OF ASSAl\'.1 ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT : : : LEGISLATIVE BRANCH NOTIFICATION The 181h November 2011 No. LGL.-84/2009/12: The following Act of the Assam Legislative Assembly which received the assent of the President is hereby published for general information. 0 ASSAM ACT NO. XXI OF 2611 (Received the assent of the President on 28.10.2011) THE ASSAM LAND GRABBING (PROHIBITION) ACT, 2010 2542 THE ASSAM GAZETTE, EXTRAORDINARY, NOVEMBER 18. 2011 Prean1ble hN ACT to prohibit the activity of land grabbing in the State of Assrun. Whereas there are organized attempts on . the part o I catam lawless persons operating individually and in groups to grab, either by force or bY. deceitful m.eans or otherwise, lands whether belonging to the Government, a Public Sector Undertaking, a local authority, a ;·t.:ligicus or charitable institution or endowment, including a wakf or any 1.it!Jer private persons or a site of historical monumems etc; And. whereas it is necessary to arrest and curb immediately such un}awfol activities of land grabbing; And whereas public order is adversely affected by su~h \:nlawful activity of land grabbers. It is hereby enacted in the Sixty-first Y car of the Republic of lndi".i as follows : Shon title , 1. (1) This Act may be called the Assam Land Crabbing (Prohibition) Act, 20 l 0. extent, applicat ion and cnmmencement. (2) ll extends to the whole of Assam except the Autonomou" districts of Karbi Anglong, Dima Hasao and the Bodo L:ind Territorial Council Area: Provided that thE! Government may, by notifiC,\tion in the official Gazette~ extend the operation of this Act to the aforesaid areas also with the consent of the conci.:rn:.>d Autonomous Councils as and when considers necessary • ~ Definitions. • THE ASSAM GAZETTE, EXTRAORDINARY, NOVEMBER 18. 2011 2. (3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint. (4) It applies to all lands situated within the Limits of Guwahati Municipal Corporation established under the Guwabati Municipal Corporation Act, 1969 and the Munidpalities and Town Committees declared as such under the Assam Municipal Act, 1956 and also applies to the rural areas of Assam save and except the Autonomous Districts of Karbi Anglpng, Diina ~ao and the Bodo Land Territorial Council Area. · In this Act, unless the context otherWise requires,- · (a) "Government" means the State·Govemment of Assam; (b) "Land" includes right in or over land, benefits to arise out of land and buildings, structures and other things attached to earth or permanently fastened to anything attached to earth and includes standing trees and crops ; (c) "Land belonging to private person". means any land belonging to, (i) a private individual ; or (ii) an evacuee ; the value or the extent of which or the nature of the evil involved. shall be of substantial nature or in the interest of justice required ; • Assam Act No. I of 1973 Assam Act No. A.'Vof 1957 I 2544 THE ASSAM GAZETfE. EXTRAORDINARY, NOVEMBER 18, 201 ! (d) "land grabber0 means a person or a group of person who occupy or attempt to occupy with or without the use of force, threat, intimidation and deceit, land over which he or they have rio ownership, title or physical possession and includes any person who gives financial aid to any person or group of ·persons for taking up illegal possession of land over which he or they have 110 ownership or title and for construction of Wlauthorized structures thereon, or ';Vho abets the doing of any of the above mentioned acts, and also includes the successors-in-interests; (e) "land grabbing" means every activity of land grabber to occupy or attempting to occupy with or without the use of force, threat, intimidation and deceit, any land (whether . belonging to the Government, a Public Sector undertaking, a local ~uthority, a religions or chcritable institution or endowment, including a wakf or any other private person) over which he or they have no ownership, title or physical possessio~ without any ]awful entitlement and with a view to ·illegally taking possession of such land or creating j I legal tenancies or lease or licence, agreements or by constructing unauthorised structures thereon for sale or hire or use or occupation of such unauthorised structmes and the krm "grabbed land" shall be collStrued accordingly; (t) "person" includes a group or body of persons, an association. a local authority~ · institution or a religious or charitable institution or endowment whether incorporated or not; (g) "prescri~ed" means prescribed by rules made under this Act; r Land Grabbing to be unlawful Prohibition of land grabbing THE ASSAM GAZETIE, EXTRAORDINARY, NOVEMBER I°8, 2011 2545 3. (h) "Special Tribunal" means a Court of the District and Sessions Judge, having jurisdiction over the area, and includes the Additional District and Sessions Judge; (i) "Special Court" means a Special Court constituted under section 14 of this Act; (j) "Unauthorized Structures" means. any structure constructed under the Guwahati Municipal ·Corporation areas without express permission in writing of the Gauhati Municipal . . Corporation or the Guwahati Metropolitan Development Authority constituted under the Guwahati Municpal Corporation .Act, 1969 and the Guwahati · Metropolitan Devel?.pment Authority Act, 1985, respectively, and elsewhere withou~ the express permission of the authority concerned, or except in accordance with any law for the time being in force in the area con<::emed. Land grabbing in any form is hereby declared un~awful ·and any act connected with or arising .out of land grabbing. shall be a cognizable offence under the Code of Criminal Procedure, 1973 and punishable under this Act. 4. (1) No person shall commit ·Or cause to be committed land grabbing. (2) No person shall, on or after the commencement of this Act, continues to be in occupation, otherwise than as a lawful tenant, of a grabbed land. belonging to the Government, State . ,, Government undertaking, local authority, religious or charitable institution or endowment incfoding a wakf, qr other private person. Assam Act No. I of 1973 Assam Act No. 20of 1987 Act2 ofl974 2546 Penalty for other offence in connection with land grabbing. Offences by Companies. THE ASSAM GAZETTE, EXTRAORDINARY, NOVEMBER 18. 201 l 5. 6. (3) Whoever contravences the provisions of sub-section (1) or sub-section (2) shall be guilty of an offence punishable under this Act and on conviction, be punished with imprisonment for a term not less than two years, which may extend to five years and with fine which may extend to twenty five thousand rupees. (a) (b) (c) (d) (1) Whoever, with a view to grabbing land in contravention of the provisions of this Act or in connection with any such Jand grabbing, sells or allots, or offers or advertises for sale or a1Jotment, or has in his possession for the purpose of sale or allotment, any fand grabbed; . instigates or incit~s any person to commit land grabbing; uses any land grabbed or causes or permits knowingly to be used, for purpose connected with sale or allotment; or causes or procures or attempts to procure any person to do any of the above mentioned acts shall, on conviction be punished with imprisonment for a term not less than two years which may extend to five years and with fine which may extend to twenty five thousand rupees. If the person committing an offence under this Act, is a company, the company as well as every person in charge of and responsible to, the company for the conduct of its business at the time of commission of the offence, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: c ' Special Tribunal THE ASSAM GAZETTE, EXTR.\ORDINARY, NOVEMBER l8, 2011 7. Provided that nothing in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercis~d all due de]igence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1) above, where any offence under this Act has been committed by a company and it is proved that the offonce has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of any director, manager, secretary or other officer, of the company, such director, manager, secretary or officer shall a lso be dee~ned be guilty of that offence and shall be liabl~ to be proceeded against and punished accordingly. Explanation :- For the purpose of this section (a) "Company" means any body corporate and includes a firm or other association of individuals, and (b) "director" in relation to a firm means a Partner in the firm. There shall be a Special Tribunal for the purpose of enquiry into any alleged act of land grabbing and trial of cases in respect of the ownership and title to or law fol possession or the land grabbed and the cowt of District and Sessions Judge having jurisdiction over the area shall be the Special Tribunal for the purposes of this Act and shall include Additional District and Sessions Judge having jurisdiction over the area. 0 c - --,-·~ 2547 t. 2548 THE ASSAM GAZETTE, EXTRAORDINARY, NOVEMBER 18, 2011 Special Tribunals and their powers and functions. 8. ( 1) Every Special Tribunal shall have power to try all cases arising out of any alleged act of land grabbing, or with respect to the ownership and title to, or lawful possession of the land grabbed whether before or after the commencement of this Act. (2) The Special Tribunal may, either suo-moto, or on application made by any aggrieved person or any officer or authority, ·take cognizance of and try every case arising out of any alleged act of land grabbing, or with respect to the ownership and title to or lawful possession of, the Land grabbed, whether before or after the commencement of this Act and pass such · orders (including orders by way of interim directions) as it deems fit. (3) The Spedal Tribunal, for the purpose of taking cognizance of the case, consider the location, or extent 'or value of the land alleged to have been grabbed or of the substantial nature of the evil involved in the interest of justice required and any other relevant matter involved in the case : Provided that the Special Tribunal shall not take cognizance of any such case without hearing the petitioner or the aggrieved person, as the case may be. (4) Notwithstanding anything contained in the Code of Civil Procedure, 1908 and the Code of Criminal Procedure, 1973 Act of 1 Act any case. in respect of an alleged act of land grabbing or the of 1 determination of questions of title and o~ership to or lawful possession of, any Jand grabbed, under this Act, shall, subject to the provisions of this Act, be triable in the Special Tribunal : THE ASSAM GAZETTE. EX I RAORDINARY. NOVEMBER 18, 2011 2549 Provided that if in the opinion of the Special Tribunal, any appllcation filed before it is prima facb frivolous or vexatious, it shall reject such application without any further enquiry. (5) The Special Tribunal shall, by notification to be affixed in the office premjscs of the Special Tribunal, office notice Boards of the Deputy Commissioner's office and the office of the concerned Circfe office under whose jurisdiction the land alleged to have been grabbed is situated, specify the; fact of taking cognizance of the case under tl1is Act. Such notification shall state that any objection which may be received by the ~pecial Tribunal from any person including the custodian of evacuee property within the period specified therein will be consicfored by it : Provided that where the custodian of the evacuee property objects to the .Special Tribunal taking cognizance of the case, the Special Tribunal shall not proceed further with the case in regard to such property : Provided also that the Special Tribunal shall cause a notice of tals..ing cognizance of the case under this Act served on any person known orbetievcd to be interested in the land., after a preliminary enquiry to satisfy itself about U1e person likely to be interested in the hind. Any objection received by the Specfal Tribunal from any person within the period specified will be considered by it. Cf !J 2550 THE ASSAM GAZETTE. EXTRAORDL'\1\RY. NOVEMBER 18, 2011 (6) Notwithstanding anything contained in the Code of Crimina.I Procedure. 1973. it shall also be lawful for the Special Act 2 of 1974 Tribunal to frame charge and- try all offences punishable under this Act, if in the opinion of the Special Tribunal it is so necessary after delivery of its decision and order in the Civil liability where prim.a-facie it appears to the Special Tribunal that a pa1~icular person or a group of persons are responsible: for commission of an offence of land grabbing punishable under this Act. (7) Every finding of the Special Tribunal in a trial under this . section with. regard to any alleged act of land grabbing, ownership and tit~e to, or possession of the land grabbed shall be conclusive proof of the fact of land grabbing, and of the persons who committed such land grabbing, and every Judgement of the Special Tribunal with regard to the cletermiriation of title and owner:3hip to or lawful possession of any grabbed land shall be binding on all persons having interest in such land. (8) Every case under sub-section (1) shall be disposed of by the Special Tribunal as far as possible within a period of tvvelve months from the date of institution of the case before it and a proceeding under sub sectrion ( 6 ) shall be disposed of as far as possible ~ithiri a period of six .tnonths from the date of framing of the charges against the person or persons · ·responsible for: alleged commi~ion or abetment of the . c offence punishable under this Act. 8 ?011 ')-'51 THE :\SSA~\11 GAZEITE. EXTRAORDINARY, NOVEMBER 1 . - J Special 9. Tribunal to have the powers of the Civil Court and the Court of Session. (9) lt sha11 be lawful for the Special Tribunal to pass such order as it may deem fit in the interest of justice. It may award compensation in terms of money for wrongful possession of the grabbed land which shaJl not be less than an amount of equivalent to the market value of the land so grabbed as on the date of the order and the profits accrued from the land> payable by the land grabber to the owner of the grabbed land .and may direct redelivery of possession of such land to its rightful owner. The amount of compensation and profits, so awarded and cost of redelivery, if any, shall be recovered as an arrear of land revenue in case the Government is the ov.ner, or as a decree of a Civil Court in any other cases. It may also impose such punishment to a land grabber for Commission of any offence punishable under this Act. Save as expressly provided in this Act, the provisions of the Act 5 of Code of Civil Procedure, l908 and the Code of. Crim1nal 1908 and Act Procedure, 1973, in so far as they are not inconsistent with 2 of the provisions of this Act, sha1l apply to the proceedings before the Special Tribunal mutatis mutandis and for the · purpose of the provisions of the said enactment, Special Tribunal shall be deemed to be a CivjJ Court, or as the case may be, a Court of Session and shall have all the powers of a Civil Court and a Court of Session and the person conducting a procecution before the Special Tribunal shall be deemed to be a Public· Prosecutor. • 1974. ~·) \J :552 ' I HE ,SSA\1 GA7ETfE, EXTRAORDINARY. NOVEMBER 18, 201 l Procedure to be followed by Special Tribunal 10. ( 1) Save as otherwise provided in this Act, a Special Tribunal shall, in the tdal of case relating to any alleged act of land grabbing, or witb respect to the ownership and title to, or lawful possession of the land grabbed, whether before or after the commencement of this Act, which involves civil liability, follow the procedure prescribed in the Code of Civil Act 5 or Procedure, 1908 and in the trial of cases relating to alleged offence of land grabbing involving punishment prescribed Wlder this Act, follow the procedure of the Code of Criminal Procedure, 1973. (2) After .taking cognizance of a case under sub-section (2) of section 8, the Special Tribunal shall try and dispose of the civil liability at first and decide and pass order as to the tiitle, ownership and lawful posses~ion of the grabbed land whether before or after the commencement of this Act as it deems fit. After completion of the civil proceeding, if the Special Tribunal decides and pass order that the land in question has been grabbed, the Special Tdbunal may order that the possession of the land be restored to the person whose land has been grabbed after evic6ng the land grabber or any other person who may be in possession of the land, jf necessary by use of such force as may .be required for the purpose : . · Provided that execµtion of the order for restoration of the possession of the grabf?ed land shall not be made till expiration of the period of appeal provided under section 13 of the Act. lf within a reasonable time after the expiry of lhc appeal period no order of stay of execution has been received from the Special Court or produced before the Special Tribunal by any of the pructjes to the case, the Special Tribunal shall proceed for execution of its order and simultaneously frame charge against the land grabber to prosecute him for the alleged act of land grabbing : 1908 Act 2 of 1974 • THE ASSAM GAZETTE, EXTRAORDTI\ARY, NOVEMBER 18, 2011 2553 Provided further that in the event of preferring an appeal from the order of the Special ~ribunal before the Special Court where stay of execution of the order has been made by the Special Court, the Special Tribunal shall not further proceed in the proceeding to prosecute the land grabber till final disposal of the appeal by the Speciar Court: Provided also that after hearing the appeal,. if the Special Court decides the appeal against the alleged land grabber, in that event charge for prosecution against the land grabber shall be framed by the Special Tribunal and proceed with the criminal proceeding for prosecution of the land grabber.' , (3) The evidence admitted during the civil proceeding may be made use of while trying the criminal proceeding in addition to the additional evidence adduced by the parties in the criminal proceeding. · (4) Any person, accused of land grabbing or the abetment thereof before the Speciai Tribunal, shall be a competent witness for the defence. and may give evidence on oath in disproof of the charge made against him, or any person charged together with him in the criminal proceeding : Provided that he shall not be called as a witness except on his own request in writing or his failure to give evidence shall be made a subject of any comment by any of the parties or the Special Tribunal or give rise to any presumption against himself or any person chargep together with him at the same proceeding. 2554 TIIE ASSAM GAZETIE, EXTRAORDINARY, NOVEMBER 18, 2011 I (5) The Special Tribunal shall, before passing an order under this Act give to the land grabber an opportunity of making his representation or of adducing evidence, if any, in this regard, and consider every such representation and evidence. Burden of proof 11. Where in any proceedjng under this Act, a land is alleged to have been grabbed, and such land is prima-facie proved to be the land owned by the Government or by a private person, the Specia~ Tribunal shall presume that the person who is alleged to have grabbed the land is a land-grabber and the burden of proving that the land has not been grabbed by him shall be on s~ch person. Transfer of cases Appeal 12. Any case pending before any Court or other authority immediately before coming into force of this Act which involves any act of land grabbing, shall stand transferred to the Special Tribunal within . whose jurisdiction the alleged grabbed land is situated. 13. (1) Any person, aggrieved by the Judgement and order (not being an interlocutory order) of the Special Tribunal, may prefer an Appeal before the Special Court on any question of law or of fact. Notwithstanding anything to the contrary contained in the Limitation Act, 1963, an appeal under this section shall be preffered it within a period of sixty days from the date of passing· of the Judgement and order by the Special Tribunal. (2) Separate Appeal shall lie against the respective Judgement . . and order of the Special Tribunal passed in respect of the civil proceeding as well as in crimianl proceedings respectively under this Act amd the period of sixty days shall ., bt'!' ~eckoned from the respective date of Judge.o:ient and order passed in each of the proceedings. Act No. XXXYI of 1963. ' Constitution of the Special Court I THE ASSAM GAZETTE, EXTRAORDINARY, NOVElvIBER 18, 2011 2555 (3) The Special Court shall dispose of the appeal within a period o~ six months from the date of filing the appeal and forward a copy of the order to the concerned Special Tribunal under whose jurisdiction the grabbed land is situated for their taking necessary action, if any. 14. (1) The Government shall, for the purpose of entertaining and disposal of appeals arisjng out of any Judgement and order of the Special Tribunal, by notification published in the Official Gazette, Constitute a Special Court for the whole of the State of Assam. \ (2) A Special Court sbalJ consist of a Chairman and two other members to be appointed by the Government. (3) The Chairman shall be a person who was or has been a Judge of the High Court and of the other two members, one shall be a person who was or has been a District and Sessions Judge (hereinafter referred to as Judicial Member) and other shall be a person who was or has been a member of the Indian Administrative Service holding or bas held a post not below the rank of Secretary to the Govenunent with Special Knowledge or experience in revenue matters {hereinafter referred to a Revenue Member) : Provided that the appointment of a person who was a fudge of the High Court as the Chairman or a District and Sessions Judge as a member respectively of the Special Court shall be made after consultation wiJh the Chief Just~ce of the · . . " . Gauhati lligh Court : I 2556 THE ASSAM GAZETTE, EXTRAORDINARY, NOVEMBER 18, 20 l l Special Court to 15. make ·regulations. Provided further that where a sitting Judge of the High Court is to be appointed as a Chairman such appointment shall be made after nomination by the Chief Justice of the Gauhati High Court with the concurrence of the Chief Justice of India. (4) The salary and allowances of the Chairman and the members oftbe Special Court shall be such as may be prescribed. (5) . No perso.r:i shall be retained as a Chairman of the Special Court after he has attained the age of sixty five years and as a member after he has attained the age of sixty two years. (6) The. Chairman or other members shall hold office as such for a tenn'of 3 (three) years from the date on which he enters his office: Provided that the Government may re-appoint the Chairman or any other members after expiry of the original term of three years unless such Chairman.or member has not attained the age of sixty five years or sixty two years respectively : Provided further that while making re-appointment of Chairman or any other member, the provisions provided under the provises of sub-section (3) shall be followed. (7) The quorum to constitute a meeting of the Bench of the Special Court shall be two. (a) The Special Court may, by notification published in the Official Gazette,. make regulations, not inconsistent with the provisions of this Act or the rules made thereunder, relating . . ' to the procedure to be followed for the conduct of the cases and for regulating the manner of taking decisions. • • ' Special Court to have the powers of the Civil Court and the Criminal Court Staff of the Special Court THE ASSAM GAZBTfE. EXTRAORDINARY, NOVEMBER 18, 201 l 2557 16. (b) The Special Court may cause a public notice of the substance of such regulations for the .information of the general public. (c) All regulations made by the Special Court under this section shall, as soon as may be after they are made, be brid before the Assam Legislative Assembly while it is in session, for a total period of not less than fourteen days, which may be comprised in one session or two or more successive sessions and shall unless some later date is appointed, take effect from their publication in the Official Gazette subject to such modification or annulments as the Assam Legislative Assembly may, during the said period agree to make, so however tbat any such modification or arumlrnent shall be without prejudice .to the validity of anything previously done thereunder. Save as expressly provided in the provisions of the Code of Civil Procedure, 1908 and the Code of Crfminal Procedure, 1973, in so far rui they are not inconsistent with the provisions of this Act, shall apply to the proceeding before the Special Court mutatis mlitandis and for the purposes of the provisions of this Act, the Special CoUit shall be deemed to be a Civil Court, or as the case may be, a Criminal Court and shall have all the powers of a Civil Court and a Crimjnal Court competent to hear and dispose of Appeal. The persons conducting a prosecution before the Special Court shall be deemed to be a Public Prosecutor. 17. (l) The Chairman of the Special Court may appoint officers a:JJ.d other employees required to assist ibe Special Coun in the c discharge of its functions under this Act. Act 5 of 1908 and Act 2 of 1974 2558 fHE ASSAM GAZElTE. EXTRAORDINARY. NOVEMBER 18. 2011 \ Persons acting 18. under the Act to be public servants. Protection of persons acting in good faith. Prohibition of aJjenation of grabbed land. 19. 20 . . Functions under 21. certain Acts to continue. (2) The categories of officers and other employees who may be appointed. under sub~section (l), their salaries allowances and other conditions of service, and the administrative powers of the Chairman of the Special Court shall be such as may be prescribed, after consultation with the Chairman. Any person act.ing under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. No suit, prosecution or other legal proceeding shall lie Act.45 against any officer or employees of the Special Court or any of J 860 officer of the Government for · anything which is in good faith done, or intended to be done under tl1is Act or the mJes made there under .. Any transaction relating to .an alienation of a grabbed land or any part thereof by way of sale, .lease, gift" exchange, settlement, surrender, usufructuary mortgage or otherwise, or any partition effected or a trust created in respect of such land which has taken place whether before or after the commencement or this Act shall, except. ordered by the Special Court or Special Tribunal, be null and void. Notwithstanding anything contained in this Act, the Assam ~~~~ Board of Revenue constituted under the Assam Board of of 1962 · Revenue Act, 1962 and Officers authorised under the Assam Regulat Land and Revenue Regulation, 1886 aud the Rules framed ~08°8~ of thereunder, the Assam Fixation of Ceil.ing 011 Land Holding Assam Act I of Act, 1956, the Assam (Temporarily Settled Areas) Tenancy 1957 Act, 1971, shall continue to 0 discharge their functions under the respective Act. Assam Act 23 of 1971 1 , • Power to make rules. THE • \SSA\1 GAZETTE. EXTRAORDINARY, NOVEMBER 18, 2011 2559 22. (1) The Gov(!rnmcnt may, by notification in the Official Gazette, make rules for carrying out all or any of the purposes of this Act. (2) All rules made by the State Goverrunent under this Act shall, as soon as may be after they are made, be laid before the Assam Legislative Assem~Jy, while it is in session, for a total period of not less than fuurteen days which may be comprised in one session or two or more successive sessions, and shall, unless some later date is appointed, take effect from the date of their publication in the Official Gazette subject · to such modifications or annulments as the Legislativ~ Assembly may, during the said period agree to make, so however~ that any such modificatjon or annulment shall be without prejudice to the validity of anything previously done thereunder. MOHi). A. HAQUE, · Secretary to the Govt. of Assam, Legislative Department, Dispur. Guwahati :- (PEriutGed and Published by lhc Dy. Director (P. & S.), Directorate of Ptg~ & Sty. Assam Guw·shati - -, l ·x- azette) No. 8 I 9-600+30+ 10-J 8-11-2011. ' · ' · < - • • '