2017

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Acquisition and Requisition of Immovable Property Act, 2017

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The Acquisition and Requisition of Immovable Property Act, 2017 is the principal legislation governing the compulsory acquisition and requisition of private property by the government for public purposes in Bangladesh. It applies to all immovable property within Bangladesh that the government may need to acquire for any public purpose or in the public interest, and it replaces the earlier Acquisition and Requisition of Immovable Property Ordinance, 1982. The Act requires the government to issue a notice of acquisition, hear objections from interested persons, and pay compensation determined in accordance with the Act's provisions (Sections 6-14). Key mechanisms include the power of the government to take immediate possession in cases of urgency (Section 13), the establishment of a three-member Arbitration Board to resolve disputes over compensation amount and apportionment (Section 15), and the requirement that the acquiring authority deposit the compensation amount before taking possession. Compensation is calculated based on market value at the time of notice, plus an additional 200% premium for compulsory acquisition (Section 9(2)). Notable provisions include the restriction on acquisition for private companies without a government agreement ensuring public benefit, the provision for reconveyance of unused acquired land to the original owner, and the allowance for requisition for temporary purposes such as defence, public safety, or natural disaster management. The Act is currently in force.

Full text · showing key sections

§ 1Short title and introduction

(1)This Act
Immovable Property Acquisition and Possession Act, 2017
shall be called

(2)This Act shall come into force forthwith.

§ 2Definition

Unless there is anything contrary to the subject or context, in this Act—

(1)“acquisition” means the acquisition of ownership and possession of any immovable property by a person or body seeking compensation or rehabilitation or both;

(2)“arbitrator” means an arbitrator appointed under section 29;

(3)"Commissioner" shall include Divisional Commissioner and Additional Divisional Commissioner;

(4)“project of national importance” means any project declared by the Government to be a project of national importance;

(5)"District Commissioner" means the Deputy Commissioner and the Additional Deputy Commissioner or, as the case may be, any other officer empowered by the Deputy Commissioner;

(6)“Code of Civil Procedure” means
Code of Civil Procedure, 1908
(Act V of 1908);

(7)“prescribed” means prescribed by law;

(8)“prospective person or body” means any person or body, public or private, proposing to acquire or command immovable property;

(9)"Owner" shall include the owner and lawful occupier of any immovable property;

(10)“joint list” means the list containing details of all the existing ownership or rights over the land proposed for acquisition or command occupation and the infrastructure, crops and vegetation thereon;

(11)“immovable property” means the title or right to any land and anything permanently attached to it;

(12)“interested person” means any person or institution claiming or entitled to claim compensation or rehabilitation or both due to acquisition or encroachment of immovable property; And

(13)“Command possession” means taking possession of any immovable property temporarily for a specified period in return for compensation to the person or body seeking compensation.

§ 3Rule of law

The provisions of this Act shall prevail notwithstanding anything contained in any other law for the time being in force.

§ 4Issuance of preliminary notice for acquisition of immovable property

(1)When it appears to the District Collector that any immovable property is required for public necessity or public interest, he/she may, by order in writing, direct the owner or person in possession of such property to appear before him/her or any person authorised by him/her within fifteen days from the date of receipt of such order, and show cause why the property should not be acquired;

(2)The District Collector shall, at the time of issuing the order under sub-section (1), also publish a copy of such order in at least one daily Bengali newspaper circulating in the locality and shall also affix a copy thereof at a conspicuous place in the property;

(3)The District Collector may, for the purpose of issuing an order under sub-section (1), cause a local investigation to be made by any officer subordinate to him/her or by any other person authorised by him/her in this behalf;

(4)Where any person to whom an order has been served under sub-section (1) shows cause against the proposed acquisition, the District Collector shall, after giving such person a reasonable opportunity of being heard, record his/her decision thereon and communicate the same to the person;

(5)Where no cause is shown against the proposed acquisition within the time specified in the order under sub-section (1), the District Collector shall proceed to determine the compensation in accordance with the provisions of this Act;

(6)The District Collector shall, after determining the compensation under this Act, publish a notice in the manner prescribed under sub-section (2) calling upon the owner or person in possession of the property to accept the compensation and surrender possession thereof within thirty days from the date of publication of such notice;

(7)Where the owner or person in possession of the property refuses to accept the compensation or surrender possession, the District Collector may take possession of the property in the manner prescribed under section 21.

§ 5Objection against acquisition

(1)Within 15 (fifteen) working days of the issuance of the notice under section 4, any interested person may submit an objection to the District Commissioner against the acquisition.

(2)The District Commissioner, in the presence of the objector or his designated representative, shall expeditiously hear the objection received under sub-section (1), and after the said hearing or re-inquiry, if necessary, prepare a report with his opinion on the said objection, within 30 (thirty) working days after the expiry of the period mentioned in sub-section (1) in ordinary cases and within 15 (fifteen) working days in the case of projects of national importance.

(3)The Deputy Commissioner, -
(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.

§ 6Final decision on acquisition

(1)After considering the report sent by the Deputy Commissioner under sub-section (3) of section 5, as the case may be, -
(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.

(2)A decision taken by the Government, the Commissioner or, as the case may be, the Deputy Commissioner, under sub-section (1) or sub-section (3) of section 5, for the acquisition of immovable property shall be deemed to have been taken in the interest of the public.

§ 7Notice to interested persons

(1)If the Government, the Commissioner or, as the case may be, the Deputy Commissioner, decides to acquire any immovable property under section 5 or section 6, the Deputy Commissioner shall accordingly issue a general notice in the prescribed manner on the immovable property concerned or at a convenient and conspicuous place near it.

(2)The notice given under sub-section (1) shall specify the details of the immovable property proposed for acquisition and the person interested in the said property or his nominated representative shall appear before the District Commissioner within 15 (fifteen) working days of the issue of the notice or 7 (seven) working days in the case of projects of national importance at the time and place specified in the notice and shall specify the amount of each of their claims in the said property and their share in compensation. There should be a description.

(3)Notice shall be issued in the prescribed form to the occupiers, if any, of the immovable property proposed for acquisition, and to all persons known or believed to be interested.

(4)The District Administrator shall, by notice, within 15 (fifteen) working days of the issue of the notice or 7 (seven) working days in the case of a project of national importance, in the immovable property concerned at the place mentioned in the notice, as a partner, or as a mortgagee or in any other way, any interest in the concerned immovable property as a partner, or as a mortgagee or otherwise, with a description of the nature of the said claim, the names of the claimants and the dividends received or due as a result of the claim, a detailed description as far as possible. Can direct the person concerned to submit or hand over.

(5)Every person ordered to file or deliver the statement referred to in this section
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.

§ 8Rowedad is prepared by the District Commissioner

(1)The Deputy Commissioner shall, on the date of business for hearing the notice under section 7 or on any other adjourned date, inquire into the value of the immovable property and the mutual claims of the claimants for compensation and the share claimed at the time of issuing the notice under section 4 and prepare a report on the following matters, namely:-
(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.

(2)The report prepared by the District Commissioner under sub-section (1) shall, subject to the provisions of this Act and the rules made thereunder, be deemed to be final.

(3)The Deputy Commissioner within 7 (seven) working days from the date of preparation of the award of compensation -
(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;

(4)Within 120 (one hundred and twenty) working days of receiving the estimate under sub-section (3), the applicant or organization shall deposit the amount of sanction of compensation, in the prescribed manner, to the District Commissioner.

(5)After issuing the notice under section 7, the estimate preparation activities shall be completed within 30 (thirty) working days or in case of nationally important projects within 15 (fifteen) working days.

§ 9Considerations in determining compensation

(1)While determining the amount of compensation for any immovable property acquirable under this Act, the Deputy Commissioner shall consider the following matters, namely :-
(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.

(2)In case of acquisition of land for any government purpose, the interested person shall be paid an additional compensation of 200 (two hundred) percent over the market price mentioned in clause (a) of sub-section (1):

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.

(3)In case of loss mentioned in clauses (b), (c), (d) and (e) of sub-section (1), an additional 100 percent (one hundred) percent compensation shall be paid on the market value.

(4)Apart from the payment of compensation mentioned in this section, necessary measures shall be taken for the rehabilitation of families displaced by acquisition, in the prescribed manner.

§ 10Factors that are not considered in determining compensation

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.

§ 11Payment of compensation

(1)The District Commissioner shall, subject to the provisions of sub-section (2), pay the said compensation to the interested party within 60 (sixty) working days of the deposit of the estimated amount of the sanction of compensation prepared in accordance with sub-section (3) of section 8 by the interested person or organization, after the preparation of the Roedad under section 8, before taking possession.

(2)If the claimant refuses to accept the compensation or if no claimant can be found to accept the compensation or if any objection is raised as to the ownership of the claimant or if there is any objection to the determination of the share of the compensation, the Deputy Commissioner shall deposit the compensation amount as the Government of the Republic which, without prejudice to the claim of any party as determined by the arbitrator, shall be deemed to have been paid in taking possession of the immovable property concerned:

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.

(3)The person receiving full or partial compensation in accordance with the notice declared under this chapter shall be bound to return the amount of compensation to the legally valid claimant of the concerned immovable property and the District Administrator shall collect the said amount from him and make arrangements to pay it to the valid claimant.

§ 12Compensation to landlord

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.

§ 13Acquisition and taking possession

(1)If the registered compensation is paid or deemed to have been paid in accordance with section 11, the acquired immovable property shall be fully vested in the Government without liability and the District Commissioner shall take possession of the said property.

(2)After the acquisition of any immovable property under sub-section (1), the Deputy Commissioner shall publish a notification in the Government Gazette within 90 (ninety) working days in the prescribed form.

§ 14Cancellation or withdrawal of acquisition process

(1)Notwithstanding anything to the contrary contained in this Act, if the amount estimated for the acquisition of any immovable property approved under section 6 is not deposited by the person or organization within the period specified in sub-section (4) of section 8, all acquisition proceedings shall be canceled at the end of the said period and a declaration of the District Commissioner to that effect shall be published in the Government Gazette.

(2)The Deputy Commissioner may, with the prior approval of the Government, at any time before the payment of compensation, by publication of a notification in the Government Gazette, cancel all proceedings for the acquisition of any immovable property.

(3)In case any acquisition process is canceled or withdrawn, the District Commissioner shall collect and pay the compensation due to the affected owner for the loss arising out of the acquisition process along with his reasonable expenses and collect it from the interested person or organization.

§ 15Partial acquisition of house or building

(1)If an owner imposes a condition that the entire part of his house, factory or building shall be acquired, part of the house, factory or building concerned shall not be acquired:

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.

(2)If any question arises as to whether any immovable property proposed for acquisition is part of a house, factory or building, the decision of the Deputy Commissioner shall be deemed final.

§ 16Acquisition of immovable property in favor of private individuals or institutions

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.

§ 17Transfer of acquired land to private aspirants or organizations

(1)In the case of acquisition of immovable property in favor of any private aspirant person or body, before issuing the notice under section 4, the person or body concerned shall, in the prescribed form, enter into an agreement with the District Commissioner.

(2)In case of acquisition of immovable property under sub-section (1), the District Commissioner shall, in the prescribed form, transfer the relevant property in favor of the concerned private aspirant person or organization by executing the deed.

§ 18Recovery of compensation money in some cases

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.

§ 19Use of immovable property acquired

(1)For the purpose for which any immovable property is to be acquired, without the prior approval of the Ministry of Lands, the said property shall not be used or sold, leased, exchanged or otherwise transferred in any way other than the said purpose.

(2)If any prospective person or organization uses any acquired immovable property in contravention of the provisions of sub-section (1) or does not use it for the purpose for which it was acquired, he shall be bound to surrender the said property to the District Commissioner if he so directs.

(3)If any prospective person or organization contravenes the provisions of sub-section (1) or (2), the District Commissioner shall, with the prior approval of the Government, after giving an opportunity to show cause, resume the property concerned and register the same by notification in the Government Gazette.

§ 20Possession of immovable property

(1)The Deputy Commissioner may, with the prior approval of the Government, by order in writing, for public use and public interest, take temporary possession of any immovable property:

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.

(2)If any order is issued under sub-section (1), the Deputy Commissioner
(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.

(3)Without the prior approval of the Government, after the expiry of 2 (two) years from the date of taking possession, no encroached immovable property shall be brought under encroachment.

§ 21Order correction

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.

§ 22Rowedad is prepared by the District Commissioner

(1)If any immovable property is confiscated, the amount of compensation shall be determined and paid in accordance with the procedures and principles described in this section.

(2)The District Commissioner shall give an opportunity to the interested person to be heard as to the extent and particulars of his interest in the property concerned and the amount and particulars of his claim for compensation and in accordance with sub-section (5)—
(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

(3)The report prepared by the District Commissioner under sub-section (2) shall, subject to the provisions of this Act and the rules made thereunder, be deemed to be final.

(4)The District Commissioner shall give immediate notice to the interested persons of the Roidad prepared under sub-section (2).

(5)The following matters shall be considered in determining the amount of compensation payable for the immovable property encroached upon, namely:-
(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.

(6)If any immovable property is required to be held in possession for more than 2 (two) years, the District Commissioner shall amend the notice of compensation payable in accordance with the provisions of clause (a) of sub-section (5).

§ 23Payment of compensation

(1)If any of the reasons mentioned in sub-section (2) does not arise, the District Commissioner shall pay the amount due to the claimant as per the Roidad levied for compensation under section 22.

(2)If the claimant refuses to accept the compensation or there is no claimant for compensation or there is any objection as to the ownership of the claimant or there is any objection to the determination of the share of compensation, the Deputy Commissioner shall deposit the amount of compensation in the public account of the Republic which shall, without prejudice to the claim determined by the arbitrator of either party, be deemed to have been paid in the case of possession of the immovable property:

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.

(3)The person receiving full or partial compensation in accordance with the proceedings declared under this chapter shall be bound to pay back the corresponding amount of compensation to the lawful claimant of the said property and the District Commissioner shall collect the said amount from him and make arrangements to pay it to the lawful claimant.

§ 24Collection of money from the allottee of the immovable property encroached upon

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.

§ 25Maintenance of encumbered immovable property

(1)The Deputy Commissioner shall, during the period of seizure, be responsible for the proper maintenance of the impounded immovable property.

(2)If the District Commissioner is satisfied with the necessity of renovating the immovable property ordered to be seized to prevent destruction, after giving the owner an opportunity to renovate the immovable property, he shall renovate it at a cost of not less than one-sixth of the compensation amount and adjust the amount spent with the compensation amount.

§ 26Deregulation

(1)If any confiscated immovable property is released from seizure, the District Commissioner shall return it to the person from whom the said property was seized or to his heirs or to any person eligible for consideration for the transfer of the said property.

(2)If the possession of immovable property ordered to be seized is transferred under sub-section (1), the District Commissioner shall be completely exempted from the said property, but due to such transfer of possession, if any person has any legal right in the said property, or if the person in whose favor the possession of the immovable property has been transferred has any valid claim, his right to establish such claim against the said person shall not be impaired.

(3)After the immovable property ordered to be released for return in favor of a person, despite the written request by the District Commissioner to take possession of the said property, if he deliberately does not take possession of the said property or refuses to take possession, after the time and date specified in the written order of the District Commissioner, the relevant property shall be deemed to have been handed over in favor of that person.

(4)If the person in whose favor the possession of the encroachment-free immovable property is to be transferred is not available or his representative or any person authorized to take possession on his behalf is not present, the District Commissioner shall hang a notice in a public place of the said property to the effect that “the immovable property has been freed from encroachment” and, within 90 (ninety) working days of the said notification, by notification in the Government Gazette, Give a notice to that effect.

(5)If any notice is published in the Government Gazette under sub-section (4), from the date and time of publication of the said notice, the property concerned shall be free from seizure and the possession shall be deemed to have been transferred to the person legally entitled to possession and the District Commissioner shall not be liable for any compensation or any other claim against the said property from that date.

§ 27Evict the assignee

(1)Notwithstanding anything contained in any other law for the time being in force, if any immovable property is to be seized, if the said property is used for any purpose other than the said purpose, or if the allottee fails to pay the money due in respect of the said property or if a cause for release arises under section 26, the District Commissioner may, at any time, by order in writing, direct the said allottee or occupier to relinquish possession of the said property within the date and time specified in the said order. can

(2)If the order of the District Commissioner given under sub-section (1) is not complied with within the prescribed time or is disobeyed, he may evict the concerned allottee or occupier and for this purpose may use force as necessary.

§ 28Not applicable in Cantonment area

Nothing in this Chapter shall apply to any immovable property situated within the boundaries of the Cantonment area.

§ 29Appointment of arbitrator

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.

§ 30Application to Arbitrator

(1)If any interested person does not agree to accept the order imposed by the District Commissioner under this Act, he may apply to the arbitrator within 45 (forty-five) working days of the issuance of the notice of order to modify the same.

(2)An application filed under sub-section (1) shall state the grounds of objection against the defendant.

(3)The application filed under sub-section (1) shall include the District Commissioner as well as the applicant person or organization.

§ 31Notice of hearing

(1)The arbitrator shall, on receipt of an application under section 30, issue a notice to the following persons to appear before his court on that date, specifying the date of hearing, namely:-
(a) the applicant;
(b) persons interested in the objection;
(c) the Deputy Commissioner; And
(d) Prospective person or body.

(2)The arbitrator shall hear the application received within ninety (ninety-eight) working days and pass his order.

§ 32Scope of proceedings

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.

§ 33Procedure of arbitrator in determining compensation

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.

§ 34Fees imposed by the arbitrator

(1)Every penalty imposed by the arbitrator under this chapter shall be in writing and signed and shall, as the case may be, notify the District Commissioner in writing of the amount of penalty determined in the light of the provisions of sub-section (1) of section 9 or sub-section (5) of section 22, together with the reasons.

(2)If the amount of compensation assessed by the arbitrator is more than the amount of compensation assessed by the District Commissioner, 10 (tenth) per cent of additional compensation shall be paid every year until such amount of compensation is paid or proposed to be paid, subject to the decision of the Arbitration Appellate Tribunal.

(3)Every action and description of the reasons mentioned in this section shall be deemed to be decrees and judgments respectively within the meaning of clauses (2) and (9) of section 2 of the Code of Civil Procedure.

§ 35Cost of litigation

The amount to be borne by any party in the proceedings under this Act shall be clearly stated in the notice.

§ 36Appeal against fees imposed by arbitrator

(1)Claims for damages awarded by the arbitrator shall lie in appeal to the Arbitration Appellate Tribunal constituted under sub-section (2).

(2)The Government may, by notification in the Official Gazette, constitute one or more Arbitration Appellate Tribunals for any particular area.

(3)An Arbitration Appellate Tribunal shall consist of one member who shall be appointed by the Government from among such persons as have been or are serving as District Judges.

(4)The decision of the Arbitration Appellate Tribunal shall be final.

(5)If the amount of compensation awarded by the Arbitration Appellate Tribunal is more than the amount awarded by the arbitrator, additional compensation of ten (10) per cent per annum shall be paid from the date of award until such amount is paid or proposed to be paid:

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.

(6)The Arbitration Appellate Tribunal shall dispose of the appeal within 60 (sixty) working days and inform the District Commissioner in writing.

§ 37Payment of additional compensation

(1)Where additional payment of compensation is required in view of orders made by the arbitrator or, as the case may be, the Arbitration Appellate Tribunal, the District Commissioner shall, within 1 (one) month of the order concerned, give notice to the person or organization to deposit the said additional amount, and the applicant or organization shall pay the additional amount within 1 (one) month of the receipt of the notice or the order, whichever is less.

(2)The Deputy Commissioner shall pay the excess amount to the claimant concerned immediately after the deposit is made by the person or organization expecting the additional amount payable as a result of the proceedings of the arbitrator or, as the case may be, the Arbitration Appellate Tribunal.

(3)The arbitrator or, as the case may be, the arbitrator or, as the case may be, the arbitrator or the appellate tribunal shall be responsible for the payment of the excess amount in accordance with the order passed by the arbitrator or the arbitral tribunal.

§ 38Inapplicability of Act No. 1 of 2001

Arbitration Act, 2001
(Act No. 1 of 2001) shall not apply to arbitration under this Act.

§ 39CERTAIN POWERS OF CIVIL COURTS OF DISTRICT COMMISSIONER AND ARBITRATOR

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.

§ 40Power of entry and inspection

(1)The Deputy Commissioner or any officer or employee generally or specially empowered by him and any assistant or employee for the purpose of acquiring or encroaching on any immovable property or for the purpose of determining compensation for the acquisition or encroachment of such property or in carrying out any order under this Act—
(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.

(2)The District Commissioner or any person authorized as mentioned in sub-section (1) shall pay or propose to pay compensation for possible damage to the said property while entering into any immovable property and if any objection is raised as to the adequacy of the said compensation, the decision of the District Commissioner in the matter shall be final.

(3)The District Commissioner shall collect the amount of compensation referred to in sub-section (2) from the person or organization concerned on the spot or at the earliest convenient time and pay it to the affected person or organization.

§ 41Data collection capabilities

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.

§ 42Issue of notices and orders

(1)Except as otherwise provided in this Act and the rules made thereunder, all notices or orders issued or prepared under this Act shall be served on the person mentioned in the address or on whom it is required to be issued.

(2)If it is not practicable to serve the notice or order in the absence of a person competent to issue the same, the said notice or order shall be served on behalf of that person to any employed person or any adult member of the family living with him, or if it is not practicable to serve the notice to any appointed person or family member, a copy of the said notice or order shall be posted at the outer door or any part adjacent to the place where the person ordinarily resides or carries on business or is personally gainfully employed. shall be made and another copy shall be hung up in the office of the Issuing Officer and, if possible, in some particular part adjacent to the property concerned:

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.

§ 43penalty

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.

§ 44Force in surrender of possession

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.

§ 45Exemption from stamp duty and fees

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.

§ 46Protection of acts done in good faith

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.

§ 47Restrictions on filing suit

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.

§ 48delegation of power

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.

§ 49Power to make rules

(1)The Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2)Without prejudice to the generality of sub-section (1), rules may be made in respect of all or any of the following matters, namely:-
(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.

§ 50Revocation and Custody

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.

(2)Notwithstanding the repeal of the said Ordinance, subject to—
(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.