Full text · showing key sections
Unless there is anything contrary to the subject or context, in this Act—
Code of Civil Procedure, 1908
(Act V of 1908);
The provisions of this Act shall prevail notwithstanding anything contained in any other law for the time being in force.
(a) If the amount of immovable property exceeds 50 (fifty) bighas (16.50 acres), he shall send the documents along with his opinion to the Ministry of Lands for decision; And
(b) If the amount of immovable property is less than 50 (fifty) bighas (16.50 acres), the documents along with the report containing his opinion shall be sent to the Commissioner for decision:
Provided that, if no objection is filed under sub-section (1), the District Commissioner shall, in ordinary cases, take a decision within 10 (ten) working days after the period mentioned in the said sub-section or within 30 (thirty) working days subject to the written permission of the Commissioner and within 15 (fifteen) working days in the case of projects of national importance, and the decision of the District Commissioner shall be deemed final in this regard.
(a) within 60 (sixty) working days of the Government submitting the said report, and
(b) within 15 (fifteen) working days of the submission of the said report by the Commissioner or within 30 (thirty) working days after giving reasons in writing to that effect –
will take the final decision.
Penal Code, 1860
(Act XLV of 1860) section 175 and 176 shall be deemed to be legally bound to file or hand over the said statement.
(a) the amount of compensation to be paid in respect of immovable property; And
(b) part of the compensation to all known and legal claimants to the said property based on the latest survey records and information received of the mouza under the proposed acquisition.
(a) give notice of the sanction to the person concerned; And
(b) send the estimate of sanction of compensation to the applicant person or organization;
(a) Market value of the immovable property concerned at the time of issue of notice under section 4:
Provided that, while determining the market value of the immovable property, the average price of the surrounding area (vicinity) of the same category and immovable property with equal benefits for the 12 (times) months prior to the issuance of the notice under section 4 shall be calculated in accordance with the prescribed rules;
(b) loss to a person interested in any crop or tree standing on the immovable property at the time of preparation of the joint inventory;
(c) loss arising out of division of the proposed immovable property from other existing immovable property of the interested person by reason of acquisition;
(d) loss resulting from any adverse effect on other immovable or immovable property or earnings of the person concerned by reason of the acquisition; And
(e) reasonable expenses for such relocation if the interested person is compelled to relocate his residence or place of business due to the acquisition.
Provided thatin the case of acquisition of land for a private institution, the amount of the said compensation shall be an additional 300 (three hundred) percent on the market price.
While determining the amount of compensation for any immovable property acquisitive under this Act, the District Commissioner shall not take into account the following matters, namely :-
(a) the extent of the acquisition requirement;
(b) reluctance of the person concerned to transfer the immovable property which is acquirable;
(c) any such loss sustained by a private person which is not actionable against that person and can be made good by him;
(d) any loss of acquisitive immovable property resulting from use after the issue of notice under section 7;
(e) the increase in value for the easement of the use of the immovable property to be acquired after the issue of a notice under section 7; or
(f) any alteration, development or sale of immovable property proposed for acquisition without the approval of the Deputy Commissioner after the issue of notice under section 4.
Provided thatif a person is admitted as a person in interest, he may, subject to objection as to the amount of compensation, receive the said amount:
Provided further that a person who accepts money as compensation without objection shall not be eligible to make an application under section 30.
Notwithstanding anything contained in this Act, in case of acquisition of any immovable property including existing crops cultivated by the Bargadar, such compensation shall be paid to the Bargadar as the District Commissioner may determine for the crops.
Explanation- In this section the term "bargadar" shall mean any person who cultivates the land of another person under the system commonly known as adhi, barga or bhag and pays to that person a share of the produce on terms.
Provided that, at any time before the compensation under section 8 is levied by the District Commissioner, the owner may in writing withdraw the condition of acquisition of the whole of the house, factory or building concerned.
In the case of acquisition of immovable property in favor of a private person or institution, incidental expenses for acquisition shall be met from the funds of the said person or institution.
If compensation is paid in excess of the amount due to any person on account of acquisition of any immovable property under this Act or if compensation is paid to a person other than the actual owner, the said amount shall be recovered as Government claim.
Provided thatif, for any reasonable reason, it is not possible to obtain the prior approval of the Government before passing the order, the approval of the Government may be obtained ex post facto:
Provided further that the immovable property of the owner or his family's actual residence, religious place of worship, educational institution, orphanage, hospital, public library, cemetery or crematorium shall not be encroached upon except as necessary for the maintenance of transport or communication system.
(a) at any time from the date of issue of the order in case of urgent need for maintenance of transport or communication system, and
(b) in other cases after the expiry of 30 (thirty) working days after the date of issue of the order,
Can take possession of the impounded immovable property and use it for the purpose for which it has been impounded.
The Government may, on its own motion or on the application of an aggrieved person, modify any order passed under sub-section (1) of section 20:
Provided, however, that if the application is not made within 30 (thirty) working days from the date of issuance of the order, it shall not be considered.
(a) Compensation in prescribed manner, and
(b) information relating to part of the compensation or claims of persons concerned with all known or bona fide interests in the said property—
Prepare a report on
(a) Revolving compensation for rent or lease due on account of occupation or use during the period of possession of the property concerned; And
(b) any amount payable on account of the following, namely:-
(b) all expenses incurred in vacating the encroached immovable property;
(a) all costs of re-possession after vacating possession; And
(e) any loss incurred in possession of the immovable property other than ordinary damages including the probable cost of restoring the possession.
Provided thata person admitted as a person in interest may, subject to objection as to the amount of compensation, receive the said amount:
Provided further that a person who accepts compensation without objection shall not be eligible to make an application under section 30.
24 The District Commissioner shall, after allotment and transfer of possession of the immovable property encumbered in favor of any person, recover the amount due from him in the prescribed manner.
Nothing in this Chapter shall apply to any immovable property situated within the boundaries of the Cantonment area.
For the purposes of this Act, the Government shall, by notification in the Official Gazette, appoint a judicial officer not below the rank of Joint District Judge as arbitrator for any area specified by the notification.
(a) the applicant;
(b) persons interested in the objection;
(c) the Deputy Commissioner; And
(d) Prospective person or body.
The scope of inquiry in the proceedings to be taken by the arbitrator shall be limited only to the subject matter of the objections raised in the petition filed.
The arbitrator, in determining the amount of compensation for immovable property acquired or encumbered, shall follow the provisions of Sections 9, 10 and 22:
Provided thatno compensation exceeding ten (10) percent of the amount mentioned in the District Commissioner's Roedad shall be determined for any owner.
The amount to be borne by any party in the proceedings under this Act shall be clearly stated in the notice.
Provided thatthe amount of compensation determined by the Arbitration Appellate Tribunal for each landowner shall not exceed ten (10) percent of the amount assessed by the arbitrator.
Arbitration Act, 2001
(Act No. 1 of 2001) shall not apply to arbitration under this Act.
The District Commissioner and the Arbitrator shall have powers similar to those of the Civil Court under the Code of Civil Procedure in taking any proceedings under this Act, namely-
(a) compel any person to appear and give evidence on oath by issuing a summons;
(b) compel the production of any record or document;
(c) taking evidence by affidavit;
(d) appointing commissions to receive evidence; And
(e) subpoena any public record from any office or court.
(a) enter any immovable property to survey and take levels;
(b) inspect any immovable property or its contents;
(c) prepare a plan including marking and measuring the boundaries of any immovable property and enter so far as may be necessary for the said purpose;
(d) mark levels, boundaries and lines by placing marks and digging holes and clear away any standing crops, trees or any part of forest where it is not practicable to survey, collect levels and mark boundaries and lines in any other way;
Provided thatno immovable property shall be entered without the permission of the occupier of the said property without giving at least 24 (twenty four) hours prior notice in writing expressing the desire to enter the property concerned.
The Deputy Commissioner may, for the purpose of acquiring or encroaching any immovable property or for the purpose of determining the compensation for the acquired immovable property, direct any person in writing to furnish to any specified employee or authority specific information regarding any immovable property acquired or encroached or for the purpose of acquisition or encroachment under this Act.
Provided that, if directed by the concerned authority or officer, the notice or order shall be sent by registry post to the address of the recipient or, as the case may be, to the address of his last known residence, place of business or place of work.
If any person disobeys or opposes any order given under this Act or attempts to disobey or opposes or incites to oppose or disobey or willfully obstructs the work of any person authorized or empowered by this Act or the rules made thereunder, he shall be punished with imprisonment for a term which may extend to 6 (six) months or with fine which may extend to 10 (ten) thousand taka or with both.
If anyone refuses to give possession of any immovable property under this Act or gives any obstacle, the District Commissioner can compel the said person to hand over the concerned property and can apply force as necessary for that purpose.
Notwithstanding anything contained in any other law for the time being in force, stamp duty shall not be levied on the documents prepared under this Act and no fee shall be levied on the person concerned or the claimant for the copy thereof.
No civil or criminal suit or any other legal proceeding shall lie against any person for any act done in good faith under this Act or the rules made thereunder.
Notwithstanding anything contained in any other law for the time being in force, against any order made or any action taken under this Act or any rule made thereunder, no suit shall be filed or petition presented in any court other than the taking of any action under this Act and no court shall issue any order or injunction in respect of any such order or action.
The Government may, by order in the Official Gazette, for the reasons and circumstances specified in the order, direct any officer or authority to exercise any of his powers or duties under this Act, in accordance with the order.
(a) the manner of taking possession of immovable property acquired or ordered to be occupied under this Act;
(b) procedure of arbitrators and arbitral appellate tribunals;
(c) the method of application of force in the surrender of immovable property as described in section 44;
(d) matters and procedures for creation of documents and determination of compensation for acquisition or dispossession; And
(e) any other matter necessary.
50 (1)
Acquisition and Requisition of Immovable Property Ordinance, 1982
(Ordinance No. II of 1982), hereinafter referred to as the said Ordinance, is hereby repealed.
(a) any act done and any measure or proceeding taken shall be deemed to have been done or taken under this Act;
(b) all notices, notifications, orders, indemnity or notices given shall be deemed to be notices, notifications, orders, indemnity or notices given under this Act; And
(c) any proceedings pending before any Authority, Arbitrator and Arbitration Appellate Tribunal shall, until disposed of, continue as if the Ordinance had not been repealed.