An Act for requisition of property in cases of emergency

Whereas it is expedient to provide for the requisition of property in cases of emergency in order to control the floods and the swellings of water caused by inundation and natural bad weather, and for the taking of local measures to stop the breaking out of rivers;

It is enacted as follows:

1. Short title and term.- (1) This Act may be called the Emergency Requisition of Property Act, 1989.
(2) It shall remain in force five years from its commencement.

2. Definitions.- In this Act, unless there is anything repugnant in the subject or context,-

(a) "Arbitrator" means an arbitrator appointed under section 17;
(b) "Arbitration Appeal Tribunal" means an arbitration appeal tribunal established under section 23 (2);
(c) "Property" means any kind of property, whether immovable or movable.

4. Requisition of property in emergency.- (1) If in cases of emergency the necessity exists to requisition any property in order to control the floods and the swellings of water and for the taking of local measures to stop the breaking-out of rivers, the Zila administrator may requisition the said property with the order or prior approval of the Government, by a written order.

Provided that it shall not be possible to requisition any property used as a place of religious worship, a burial-ground or a cremation-ground.

(2) The order under sub-section (1) shall be accompanied by a schedule describing the requisitioned property, and within ten days after the publication of the order, all those who claim any title or right concerning the requisitioned property shall be ordered to describe their title or right along with the claim, stating their part of the property, and present it in writing to the Zila administrator.

5. Service of the requisition order.- The order given by the Zila administrator under section 4 shall be served on the owner of the requisitioned property personally or, in case of his absence, to any male adult member of his family, or, if no such member can be found, the order shall be served by hanging or affixing it to the owner's residence or to a suitable spot at his working place, and a copy shall respectively be served on the claimants of the property, and immediately other copies of the order shall be hanged or affixed to the requisitioned property or close by, as well as to the notice boards of the respective Union Parishad, Upazila Parishad, Zila Parishad and Paurasabha; and regarding such service the attestation of the server shall be deemed sufficient proof.

6. Determination of the claimants of the requisitioned property and their apportionments for compensation.- According to section 5, the Zila administrator shall within seven days after the presentation of the claims, and after having given the opportunity of a hearing, determine the titles and apportionments concerning the requisitioned property of those, who have made any claims or titles concerning the said property within ten days after the publication of the requisition order.

7. Determination of temporary compensation.- The Zila administrator shall determine the temporary compensation due on the basis of the approximate market price, along with the determination of the final compensation due for any requisitioned property, within ten days after the issue of the requisition order for any property.

8. Occupation of the requisitioned property.- After the determination of temporary compensation under section 7, the Zila administrator shall before the occupation of the requisitioned property pay the full amount of temporary compensation to the claimants determined under section 6, according to their titles and apportionments, and may then occupy the requisitioned property.
(2) If a claimant as determined under section 6 does not want to accept the temporary compensation corresponding to his title and apportionment, or if any claimant is not in reach for accepting his temporary compensation, or if any claimant shows doubt or protest concerning his title and apportionment, the Zila administrator shall deposit the amount of temporary compensation with the Republic's public account under that person's name, and may then occupy the requisitioned property.
(3) The compensation given under sub-section (1) or deposited under sub-section (2) shall not affect the determination of the compensation, or the determination of the titles or rights of the claimants by the arbitrator under this Act.
(4) If any resistance occurs concerning the occupation of any property under this section, the Zila administrator may give order to use force for its removal.

9. Transfer of requisitioned property to the Government.- (1) When the compensation for the requisitioned property is paid, or, as the case may be, the amount of the compensation is deposited in the official treasury, the said property shall stand transferred to the Government free from encumbrances, and whatever titles and claims on the property of the owner of the property or any other person shall disappear.
(2) Within seven days after the transfer of any requisitioned property to the Government under section (1), the requisition order related to the property, the description of the property and the date of its entrustment to the Government shall be published in the official Gazette for public information.

10. Appeal against the requisition.- If any person is aggrieved by the requisition of any property under section 4, he may put forward an appeal to the Government within ten days after the publication of the requisition order, and the Government, having given that person the opportunity of a hearing, shall make its decision on the appeal, and the decision of the Government shall be final.

11. Final compensation.- Within three months after the vesting of any requisitioned property to the Government under this Act, the Zila administrator shall determine the final compensation for the property.

12. Matters of determination of the final compensation.- When determining the amount of the final compensation for any requisitioned property under this Act, the Zila administrator shall take into consideration the following matters, namely:-

(a) the market price of the property at the time of requisition;

Provided that the Zila administrator, while determining the market price, shall take into consideration the average price of comparable properties being equipped with comparable facilities during the preceding year;

(b) the damage caused by the destruction of crops and trees that were on the property at the time of occupation;
(c) the damage caused by the separation of the property from another property at the time of occupation;
(d) the loss of any movable or immovable property or of opportunities for earnings effected at the time of occupation of any requisitioned property;
(e) reasonable expenses for the separation of dwelling- and working-places as a compulsory result of the requisition of property.

13. Matters not to be considered in determining compensation.- While determining the amount of the compensation of any acquired property under this Act the Zila administrator shall not consider the following matters, namely:-

(a) the degree of urgency which has led to the requisition;
(b) any disinclination of the person interested to part with the requisitioned property;
(c) any damage that may be sustained by him which, if caused by a private person, would not render such a person liable to a suit;
(d) the increase of the price of any requisitioned property because of the requisition;
(e) any alteration or improvement in, or disposal of, the requisitioned property after the publication of the requisition order without the sanction of the Zila administrator.

15. Cases of recovery of the compensation.- If more than the due amount of compensation is paid, or if compensation is given to any person other than the natural owner or claimant, in that case the additionally or falsely given money of the compensation shall be recoverable as public demand.

16. Use of the requisitioned property.- No requisitioned property under this Act may be used for any purpose other than that for which it has been requisitioned.

17. Appointment of Arbitrator.- For the purpose of this Act the Government shall, by notification in the official Gazette, appoint a Judicial Officer, not below the rank of Subordinate Judge, to be Arbitrator for such area as may be specified therein.

18. Application to the arbitrator.- Any person interested who has not, or with objection, accepted any award by the Deputy Commissioner under this Act may, within forty-five days from the date of service of notice of the award, or of service of the final compensation, as the case may be, make an application to the Arbitrator for revision of the award.

19. Notice for hearing.- The arbitrator shall, on receipt of any application under section 18, cause a notice specifying the date on which he will proceed to hear the application, and directing their appearances before him on that day, to be served on the following persons, namely:-

(a) the applicant;
(b) all persons interested in the objection; and
(c) the Zila administrator.

21. Arbitrator to be guided by sections 12 and 13.- In determining the amount of compensation to be awarded for any property requisitioned under this Act, the Arbitrator shall be guided by the provisions of sections 12 and 13.

22. Form of award of Arbitrator.- (1) On application under section 18, an award shall be in writing signed by the Arbitrator, and shall specify the amounts awarded under section 21 together with the grounds of awarding each of the said amounts.
(2) Where the amount of compensation determined by an Arbitrator is higher than the amount specified in the award of the Zila administrator, an additional compensation at the rate of ten percent per annum om such additional amount shall, subject to the decision of an Arbitration Appellate Tribunal, be payable till that amount is paid.
(3) Every such award shall also state the amount of costs incurred in the proceedings and by what persons and in what proportions they are to be paid.
(4) Every such award shall be deemed to be a decree and the statement of the grounds of every such award a judgment within the meaning of section 2(2) and section 2(9) respectively of the Code of Civil Procedure, 1908 (V of 1908).

23. Appeal against the award of Arbitrator.- (1) An appeal shall lie to the Arbitration Appellate Tribunal, constituted under sub-section (2), against an award of the Arbitrator.
(2) The Government shall, by notification in the official Gazette, constitute one or more Arbitration Appellate Tribunals for such areas as may be specified therein.
(3) An Arbitration Appellate Tribunal shall consist of a member who shall be appointed by the Government from among persons who are or have been District Judges.
(4) A decision of the Arbitration Appeal Tribunal shall be final.
(5) Where the amount of compensation determined by an Arbitration Appellate Tribunal is higher than the amount specified in the award of the Arbitrator, an additional compensation at the rate of ten percent per annum shall be payable till that amount is paid or offered for payment.

24. Act X of 1940 not apply.- Nothing in the Arbitration Act, 1940 (X of 1940), shall apply to arbitrations under this Act.

25. Zila administrator and Arbitrator to have certain powers of Civil Court.- The Zila administrator 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 commision for examination of witnesses;
(e) requisitioning any public record from any court or office.

(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 seventy-two hours' previous notice in writing of his intention to do so has been given.

27. Power to obtain information.- With a view to requisitioning any property or determining the compensation payable in respect thereof, the Zila administrator may, by order in writing, require any person to furnish information to such officer or authority as may be specified.

28. Service of notices and orders.- (1) Save as otherwise expressly provided in this Act, every notice or order issued or made under this Act shall be served by delivering it to the person named therein.
(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 of such person or to an adult 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 respective Union Parishad, Upazila Parishad and Paurasabha, and regarding such service the server's attestation shall be deemed sufficient proof.

29. Penalty.- Any person who contravenes or attempts to contravene any order made under this Act or who willfully obstructs any person in doing any of the Acts authorised or permitted under this Act or any of the rules shall be punishable with imprisonment for a term which may extend to six months, or with a fine up to one thousand Taka, or with both.

30. Exemption from stamp duty and fees.- No award made under this Act 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.

31. Indemnity.- No suit, prosecution or other legal proceeding shall lie against any person for anything that is in good faith done or intended to be done in pursuance of any power conferred by or under this Act.

32. Bar to jurisdiction of Court.- Save as otherwise expressly provided in this Act, no Court shall entertain any suit or application against any order passed or any action taken under this Act, 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 Act.

33. Power to make rules.- (1) The Government may, by notification in the official Gazette, make rules for the purpose of this Act.
(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: -

(a) the procedure to be followed in taking possession of any property acquired under this Act;
(b) the procedure to be followed by the Arbitrator and the Arbitration Appellate Tribunal.