ASSAM LAND GRABBING (PROHIBITION) ACT, 2010
NOTIFICATION
Dated the 18th November, 2011
THE ASSAM LAND GRABBING (PROHIBITION) ACT, 2010
(ASSAM ACT NO. XXI OF 2011)
No. LGL-84/2009/12 - The following Act of the Assam Legislative Assembly which received the assent of the Pres
1. Short title, extent, application and commencement - (1) This Act may be called the Assam Land Grabbing (Prohibition) Act, 2010.
(2) It extends to the whole of Assam except the Autonomous districts of Karbi Anglong, Dima Hasao and the Bodo-Land Territorial Council Area:
Provided that the Government may, by notification in the official Gazette, exte
2. Definitions - In this Act, unless the context otherwise requires:-
(a) "Government" means the State Government 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.
3. Land Grabbing to be unlawful - Land grabbing in any form is hereby declared unlawful and any act connected with or arising out of land grabbing shall be a cognizable offence under the Code of Criminal Procedure, 1973 (Act 2 of 1974) and punishable under this Act.
4. Prohibition of land grabbing - (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 including a wakf, or other private person.
5. Penalty for other offence in connection with land grabbing - Whoever, with a view to grabbing land in contravention of the provisions of this Act or in connection with any such land grabbing:- (a) sells or allots, or offers or advertises for sale or allotment, or has in his possession for the purpose of sale or allotment, any land grabbed. (b) ins 6. Offences by Companies - (1) 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: Provided that nothing in this sub-section shall render any such perso 7. Special Tribunal - 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 lawful possession of the land grabbed and the Court 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.S.6 Offences by Companies
S.7 Special Tribunal
8. Special Tribunals and their powers and functions - (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 c
9. Special Tribunal to have the powers of the Civil Court and the Court of Session - Save as expressly provided in this Act, the provisions of the Code of Civil Procedure, 1908 (Act 5 of 1908) and the Code of Criminal Procedure, 1973 (Act 2 of 1974), in so far as they are not inconsistent with the provisions of this Act, shall 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 Civil Court, or a
10. Procedure to be followed by Special Tribunal - (1) Save as otherwise provided in this Act, a Special Tribunal shall, in the trial of case relating to 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, which involves civil liability, follow the procedure prescribed in the Code of Civil Procedure, 1908 (Act 5 of 1908) and in the trial of cases relating to alleged offence of land grabbin
11. Burden of proof - Where in any proceeding 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 Special 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 such person.
12. Transfer of cases - 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. Appeal - (1) Any person, aggrieved by the Judgment and order (not being an interlocutory order) of the Special Tribunal, may prefer an Appeal before the Special Court or any question of law or of fact. Notwithstanding anything to the contrary contained in the Limitation Act, 1963, (Act No. XXXVI of 1963) an appeal under this section shall be preferred it within a period of sixty days from the date of passing of the Judgment and order by the Special Tribunal.
The Assam Land Grabbing (Prohibition) Act, 2010 was enacted to combat the unlawful practice of land grabbing in Assam. This legislation aims to protect landowners from unlawful occupation and to establish a legal framework for addressing disputes related to land ownership and possession.
Section 13 of the Act provides a mechanism for appeal against judgments and orders issued by the Special Tribunal concerning land grabbing cases. It stipulates that any aggrieved person may file an appeal within sixty days from the date of the judgment or order.
Section 13 is crucial as it provides a legal recourse for individuals who feel wronged by the decisions of the Special Tribunal. It ensures that there is a structured process for reviewing decisions that may have significant implications for land ownership and rights.
While Section 13 itself does not prescribe punishment, it is part of a broader framework that includes penalties for land grabbing as defined in other sections of the Act. The consequences for land grabbing can include imprisonment and fines, depending on the severity of the offense.
14. Constitution of the Special Court - (1) The Government shall, for the purpose of entertaining and disposal of appeals arising out of any judgment 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 shall consist of a Chairman and two other members to be appointed by the Government.
15. Special Court to make regulations:
(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.
(b) The Special
16. Special Court to have the powers of the Civil Court and the Criminal Court - Save as expressly provided in the provisions of the Code of Civil Procedure, 1908 (Act 5 of 1908) and the Code of Criminal Procedure, 1973 (Act 2 of 1974) in so far as they are not inconsistent with the provisions of this Act, shall apply to the proceeding before the Special Court mutatis mutandis and for the purposes of the provisions of this Act, the Special Court 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 Criminal Court competent to hear and dispose of Appeal. The pe
17. Staff of the Special Court - (1) The Chairman of the Special Court may appoint officers and other employees required to assist the Special Court in the discharge of its functions under this Act.
(2) The categories of officers and other employees who may be appointed under sub-section (1), 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 presc
18. Persons acting under the Act to be public servants - Any person acting under this Act shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code.
19. Protection of persons acting in good faith - No suit, prosecution or other legal proceeding shall lie against any officer or employees of the Special Court or any officer of the Government for anything which is in good faith done, or intended to be done under this Act or the rules made thereunder.
20. Prohibition of alienation of grabbed land - 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 of this Act shall, except ordered by the Special Court or Special Tribunal, be null and void.
21. Functions under certain Acts to continue - Notwithstanding anything contained in this Act, the Assam Board of Revenue constituted under the Assam Board of Revenue Act, 1962 (Assam Act 21 of 1962) and Officers authorized under the Assam Land and Revenue Regulation, 1886 (Regulation I of 1886) and the Rules framed thereunder, the Assam Fixation of Ceiling on Land Holding Act, 1956 (Assam Act I of 1957), the Assam (Temporarily Settled Areas) Tenancy Act, 1971 (Assam Act 23 of 1971) shall continue to discharge their functions under the respective Act.
22. Power to make rules - (1) The Government 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 Government under this Act shall, as soon as may be after they are made, be laid 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 s
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