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14/07/2024
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।

Deputy Commissioner and Arbitrator to have certain powers of Civil Court
36. The Deputy Commissioner and the Arbitrator, while holding any enquiry or proceedings under this Act, shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (V of 1908) for the purpose of -
 
 
 
 
(a) summoning and enforcing the attendance of any person, and examining him on oath;
 
 
 
 
(b) compelling the production of any document or record;
 
 
 
 
(c) reception of evidence on affidavit;
 
 
 
 
(d) issuing commission for examination of witnesses;
 
 
 
 
(e) requisitioning any public record from any Court or office.
Power to enter and inspect
37. (1) With a view to acquiring or requisitioning any property or determining the compensation payable in respect thereof or securing compliance with an order made under this Ordinance, the Deputy Commissioner or any officer, generally or specially authorised by the Deputy Commissioner in this behalf, and any of the assistants and workmen may-
 
 
 
 
(a) enter upon and survey and take levels of any property;
 
 
 
 
(b) inspect any property or anything therein;
 
 
 
 
(c) measure and set out the boundaries and prepare a plan of any property and the intended line of the work, if any, proposed to be made thereon;
 
 
(d) mark such levels, boundaries and line by placing marks and cutting trenches, and, where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, cut down and clear away any part of any standing crop, tree or jungle:
 
 
 
 
Provided that no person shall enter upon any property without the consent of the occupier thereof unless at least twenty-four hours' previous notice in writing of his intention to do so has been given.
 
 
 
 
(2) The Deputy Commissioner or the officer authorised by him under sub-section (1) shall, at the time of entry upon any property, pay or tender payment for all necessary damage to be done in such property, and, in case of dispute as to the sufficiency of the amount so paid or tendered, the decision of the Deputy Commissioner shall be final.
Power to obtain information
38. With a view to acquiring or requisitioning any property or determining the compensation payable in respect thereof, the Deputy Commissioner may, by order in writing, require any person to furnish to such officer or authority, as may be specified in the order, such information in his possession as may be specified relating to any property which is acquired or requisitioned, or intended to be acquired or requisitioned, under this Ordinance.
Service of notices and orders
39. (1) Save as otherwise expressly provided in this Ordinance and subject to rules made thereunder, every notice or order issued or made under this Ordinance shall be served by delivering or tendering it to the person named therein or the person on whom it is required to be served under this Ordinance.
 
 
 
 
(2) When such person cannot be found or the notice or order cannot be so delivered or tendered, the service of the notice or order may be made by delivering or tendering it to any officer or such person or to any adult male member of the family of such person residing with him or, if no such officer or member can be found, by affixing a copy thereof on the outer door or on some conspicuous part of the premises in which that person ordinarily resides or carries on business or personally works for gain, and also by affixing a copy thereof in some conspicuous place in the office of the authority or officer issuing or making it and, where possible, in some conspicuous part of the property to which it relates:
 
 
 
 
Provided that, if such authority or officer so directs, the notice or order may be sent by registered post in a letter addressed to the person named therein, or on whom it is required to be served, at his last known residence, address or place of business or work.
Penalty
40. Any person who contravenes or attempts to contravene or abets or attempts to abet a contravention of any order made under this Ordinance or who wilfully obstructs any person in doing any of the acts authorised or permitted under this Ordinance or any rule made thereunder shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand Taka, or with both.
Enforcement of surrender
41. If the Deputy Commissioner is opposed or impeded in taking possession of any property under this Ordinance, he shall enforce the surrender of the property to himself, and may use or cause to be used such force for the purpose as may be necessary.
Exemption from stamp duty and fees
42. No award made under this Ordinance shall be chargeable with stamp duty, and no person claiming any interest under any such award shall be liable to pay any fee for a copy of the same.
Indemnity
43. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Ordinance or any order or rule made thereunder.
Bar to jurisdiction of Court
44. Save as otherwise expressly provided in this Ordinance, no Court shall entertain any suit or application against any order passed or any action taken under this Ordinance, and no injunction shall be granted by any Court in respect of any action taken or to be taken in pursuance of any power conferred by or under this Ordinance.
Delegation of powers
45. The Government may, by order notified in the official Gazette, direct that any power conferred or any duty imposed on it by this Ordinance shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised or discharged also by such officer or authority as may be so specified.
Power to make rules
46. (1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.
 
 
 
 
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
 
 
 
 
(a) the procedure to be followed in taking possession of any property acquired or requisitioned under this Ordinance;
 
 
 
 
(b) the procedure to be followed by the Arbitrators and the Arbitration Appellate Tribunals;
 
 
 
 
(c) the manner of enforcement of surrender of any property under section 41;
 
 
 
 
(d) any other matter which has to be or may be prescribed.
Special savings relating to expired E.B. Act XIII of 1948
47. Notwithstanding the cesser of the Emergency Requisition of Property Act, 1948 (E.B. Act XIII of 1948), on the expiry of the period of its operation, all proceedings and matters, including all notices, notifications and orders, relating to requisition or acquisition of any property or compensation or award in respect of any property requisitioned or acquired and all applications and appeals pending before any authority, arbitrator or Court under that Act shall be continued, enforced, heard or disposed of as if that Act had not ceased to have effect and were continuing in operation.
Repeals and savings
48. (1) The Land Acquisition Act, 1894 (I of 1894), is hereby repealed.
 
 
 
 
(2) Notwithstanding such repeal, all proceedings and matters, including all notices, notifications and orders, relating to requisition or acquisition of any property or compensation or award in respect of any property requisitioned or acquired and all applications and appeals pending before any authority, arbitration or Court under the said Act shall be continued, enforced, heard or disposed of as if this Ordinance had not been made and promulgated.
 
 
 
 
(3) Subject to the provisions of sub-section (2), the provisions of the General Clauses Act, 1897 (X of 1897), shall apply to the repeal and re-enactment of the said Act by this Ordinance.

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Ministry of Law, Justice and Parliamentary Affairs