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14/08/2022
The Acquisition and Requisition of Immovable Property Ordinance, 1982

The Acquisition and Requisition of Immovable Property Ordinance, 1982

( Ordinance NO. II OF 1982 )

এই আইনটি স্থাবর সম্পত্তি অধিগ্রহণ ও হুকুমদখল আইন, ২০১৭ (২০১৭ সনের ২১ নং আইন) দ্বারা রহিত করা হইয়াছে।

Requisition of property
18. (1) When any property is required temporarily for a public purpose or in the public interest, the Deputy Commissioner may, with the prior approval of the Government, by order in writing, requisition it:
 
 
 
 
Provided that no such approval shall be necessary in the case of emergency requirement of any property:
 
 
 
 
Provided further that, save in the case of emergency requirement for the purpose of maintenance of transport or communication system, no property which is bona fide used by the owner thereof as the residence of himself or his family or which is used either for religious worship by the public or as an educational institution or orphanage or as a hospital, public library, graveyard or cremation ground shall be requisitioned.
 
 
(2) Where an order made under sub-section (1) has been served, the Deputy Commissioner may take possession of the requisitioned property-
 
 
 
 
(a) in the case of emergency requirement for the purpose of maintenance of transport or communication system, at any time after the date of service of the order;
 
 
 
 
(b) in any other case, after the expiry of thirty days from the date of service of the order,
 
 
 
 
and may use the property for the purpose for which it has been requisitioned.
 
 
 
 
(3) Except with the prior approval of the Government, no property shall be kept under requisition for a period exceeding two years from the date of taking over possession of such property.
Revision
19. The Government may, of its own motion or on application filed by an aggrieved person, revise an order made under section 18 (1):
 
 
 
 
Provided that no such application shall be entertained unless it is filed within thirty days from the date of service of the order.
Award of compensation by Deputy Commissioner
20. (1) Where any property is requisitioned under this Part, there shall be paid compensation the amount of which shall be determined in the manner and in accordance with the principles set out in this section.
 
 
 
 
(2) The Deputy Commissioner shall, after giving the persons interested an opportunity of being heard in respect of their respective interests in the property and the amount and particulars of their claims to compensation for such interests and having regard to the provisions of sub-section (5), make an award of -
 
 
 
 
(a) the compensation in the manner as may be prescribed; and
 
 
 
 
(b) the apportionment of the said compensation among all the persons known or believed to be interested in the property, of whom, or of whose claims, he has information.
 
 
 
 
(3) The award made by the Deputy Commissioner shall, except as hereinafter provided, be final.
 
 
 
 
(4) The Deputy Commissioner shall give immediate notice of his award to the persons interested.
 
 
 
 
(5) The amount of compensation payable for the requisition of any property shall consist of -
 
 
 
 
(a) a recurring payment, in respect of the period of requisition, of a sum equal to the rent which would have been payable for the use and occupation of the property, if it had been taken on lease for that period; and
 
 
 
 
(b) such sum, if any, as may be found necessary to compensate the persons interested for all or any of the following matters, namely:-
 
 
 
 
(i) expenses on account of vacating the requisitioned property;
 
 
 
 
(ii) expenses on account of re-occupying the property upon release from requisitioned; and
 
 
 
 
(iii) damages, other than normal wear and tear, caused to the property during the period of requisition, including the expenses that may have to be incurred for restoring the property to the condition in which it was at the time of requisition.
 
 
 
 
(6) Where any property is kept under requisition for more than two years, the Deputy Commissioner shall revise his award regarding the amount payable as compensation under sub-section (5)(a).
Payment of compensation
21. (1) On making an award under section 20, the Deputy Commissioner shall tender payment of the compensation awarded by him to the persons entitled thereto according to the award, and shall pay it to them unless prevented by someone or more of the contingencies mentioned in sub-section (2).
 
 
 
 
(2) If the persons entitled to compensation do not consent to receive or if there be no person competent to receive the compensation, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Deputy Commissioner shall keep the amount of the compensation in a deposit account in the Public Account of the Republic which shall be deemed payment of the compensation for the requisitioned property without any prejudice to the claim of the parties to be determined by the Arbitrator:
 
 
 
 
Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount:
 
 
 
 
Provided further that no person who has received the amount otherwise than under protest shall be entitled to make any application under section 28:
 
 
 
 
Provided further that nothing herein contained shall affect the liability of any person, who may receive the whole or any part of any compensation awarded under this Part, to pay the same to the person lawfully entitled thereto.
Recovery of money from allottees of requisitioned property
22. Where any requisitioned property is allotted to, and placed in possession of, any person, the Deputy Commissioner may recover from such person such amount of money and in such manner as may be prescribed.
Repair of requisitioned property
23. (1) During the period of requisition, the Deputy Commissioner shall be responsible for the proper maintenance of a requisitioned property.
 
 
 
 
(2) If the Deputy Commissioner is satisfied that repairs are necessary to prevent deterioration of the property, he may, after giving the owner an opportunity of making the repairs himself, cause the repairs to be made at a cost not exceeding one-sixth of the compensation payable to the owner and such cost shall be recovered out of such compensation.
Release from requisition
24. (1) Where any requisitioned property is to be released from requisition, the Deputy Commissioner may restore it to the person from whom the property was requisitioned or to his successor-in-interest or to such other person as may appear to the Deputy Commissioner to be entitled to such restoration.
 
 
 
 
(2) The delivery of possession of the requisitioned property to the person referred to in sub-section (1) shall be a full discharge of the Deputy Commissioner from all liability in respect of such delivery, but shall not prejudice any right in respect of the property which any other person may be entitled by the process of law to enforce against the person to whom possession of the property is so delivered:
 
 
 
 
Provided that when the person to whom the requisitioned property is to be restored on release from requisition wilfully neglects or refuses to take delivery of the requisitioned property on being directed in writing to take possession of such requisitioned property by the Deputy Commissioner, such requisitioned property shall be deemed to have been restored to such person within the meaning of this sub-section with effect from the date and time specified in the aforesaid direction.
 
 
 
 
(3) Where the person to whom possession of any requisitioned property is to be delivered cannot be found and has no agent or other person empowered to accept delivery on his behalf, the Deputy Commissioner shall cause a notice declaring that the property is released from requisition to be affixed on some conspicuous part of the property and shall also publish the notice in the official Gazette.
 
 
 
 
(4) When a notice referred to in sub-section (3) is published in the official Gazette, the property specified in such notice shall cease to be subject to requisition from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof ; and the Deputy Commissioner shall not be liable for any compensation or other claim in respect of the property for any period after the said date.
Eviction of allottees
25. Notwithstanding anything contained in any other law for the time being in force, if any property under requisition, which has been allotted to any person or is in unauthorised occupation of any person, is required by the Deputy Commissioner for any other use or purpose during the period of requisition or for restoring the property under section 24 on its release from requisition or if the allottee of such property has defaulted in payment of any sum due from him in respect of such property, the Deputy Commissioner, may, at any time, by order in writing, direct such person or allottee to vacate the property by such date as may be specified in such order, and if such person or allottee does not vacate the property by the date so specified, the Deputy Commissioner may evict such person or allottee from such property and may use or cause to be used such force for the purpose as may be necessary.
Part not to apply to Cantonment
26. Nothing in this Part shall apply to any property within the limits of a Cantonment.
 
 
 
 

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