The Assam Fixation of Ceiling on Land Holdings Act, 1956

ASSAM ACT I OF 1957 TH E ASSAM FIX AT ION OF CEILING ON LAND HO LDINGS ACT , 1956 (R ec ei ved th e ass e nt o f th e Prt si den t on th e 7th D ec em ber 1956.) [ P ubli sh ed in th e A ss am Gaz et te , da te d the 16th Ja nu ar y 1957 I An Act to impose limits on the amount of land th at may be held by a person. Pream ble. Whereas it is deemed necessary to make provis ion for imp osit ion of limits on the amour .' of land that may be held by a person. It is hereby enacted in the Seven th Year of the Republic of Ind ia as follows : — CHAPTER I Sho rt title, 1. (1) This Act may be called the Assam exten t and Fix ation of Ceiling on Land Hold ings Act , 1956. colBtnence- [(2) It extends to the dist rict s of Lak- him pur , Dibru garh, Sibsagar , Nowgong, Da rra ng , Kamrup, Go alp ara and Cacha r in the Sta te of Assam.]! (3) It shall come into force on such date as the State Governmen t may by notification in the official [Gazette, app oin t. [“(4) The State Governme nt may, by noti­ fication published in the official Gazet te from time to time , extend the Act to such other area s as may be specified in the not ificatio n.” ]2 ' 2. “ 3[E xceptio n :—The prov ision s of this Act shal l no t apply to—(1) l ands held by Sta te Governmen t or by the Union Government or by any local au tho ­ rity or by any Agriculture Farmin g Co rpo rat ion con stit ute d unde r the Assam Agr icultur al Fa r­ ming Corpo rat ion Act, 197 3. 1. Su bs tituted by A. F. C. L. A. (Annu al Act) 1975 [No IX of 1975] 2. Ins erted hy Assam Act IX of 1975. 3 Subst itut ed ibid (2) (a) lands held and utilised for special cu lti ­ vati on of tea and purposes anc illary the re­ to, (b) land s held by a mill, a facto ry, or a work­ shop as the case may be, for the purposes of the expansion of the mill, factory or workshop , or for ancil lary purposes of the mill, factory or workshop , such as setting up of schoo ls, dispensaries and roads, but not for any other purpose : (c) land held by a co-opera tive farm ing society for cul tiva tion of sugar -cane only for the purposes of feeding a co-opera tive sugar factory: Provided that if at any time, such lands cease to be utilis ed for the purp oses men tioned in the above said sub-c lause , the provis ions of this Act shall apply; (3) land vesting in a Gra n Sab ha under the A h u b Act Assam Gramdan Act, 1961.]3 1 2 19$2. 3. Definitio n:— In this Act, unless the context otherwise requires: (a) [“agric ultu re” includes hor ticu lture, arb or i­ culture, pisc iculture, piggery , animal hus ­ ban dry pou ltry and oth er allied pur- pose s” .]2 (b) the words “ann ual lease” has the meani g assigned to it in the Sett lement Rules fram ed under the Assam Lan d and Revenue Reg ula tion , 1886 (Regula ­ tion I of 1886); (c) “Collec tor” means the Deputy Com mi­ ssioner or any oth er Officer author ised by the State Governmen t to perform the function of a Col lector under this A c t; (d) 3“[“ family” means a fami ly cons isting of any one or more of the following, namely :— (1) hus ban d, (2) wife, (3) min or children and also includes a jo in t family. ]3 [E xp la na tion — “Joint family” means a family of which the mem bers are descendants from a common anc estor and have a common mess, and shall 1. Su bstitu ted by Assam Act IX of 1975. 2. Su bstitu ted by ibid. Q do 3 include wife or hus ban d, as the case may be, bi t shah exclude married daug hters, marrie d sons and the ir child ren : Provided th at a family cons isting of fath er, and/o r mother, sons an d/or unm arri ed daughte rs holding land s joi ntl y shall be presumed to be jo int insp ite of havin g a separate mess” ]1 (e) [* * *]2 (f) “ [‘‘lan d” means land which is o r may be util ised for agri cultural purposes or p; r - poses subservient thereto , and includes the sites of buil ings app urt enant to such lan d and also includes land which is or may be utili sed for qua rring stones ;”] (g) the words ‘‘land-holders” has the mean­ ing -as sig ned to it in the Assam Land and Revenue Reg ula tion , 1886 (Reg ula­ tion I of 1886) ; (h) “ landlo rd” means a person immediately under whom a tenant holds but does not include the Governmen t : (i) “ owner “ includes pro prieto r, land-holder or set tlem ent -ho lde r as defined in Section 3 o f the Assam Land and Revenue Reg ula tion , 1886 (Regula tion I of 1886 ), but does not include Governme nt : (j) [“per son ” inclu des an individ ual , a family’a joint family, a trustee, a company, a body corpo rate, a partnership farm, a society or an asso ciat ion of indiv iduals whether incorpora ted or not ;]f <k) “person al cu ltiv ation” means cul tiva tion — (i) by the person himse lf, or (ii) by any mem ber of his family, or (iii) [by servants or hired labourers on h x d rem une ration payable in cash or kind bu t not in crop-share, under personal sup er­ vision of the person himsel f or any member of his family, pro vided it is accompanied by the bearing of risks of cul tiva tion by the owner and by residence in the village in which the land is situated or in a nea r­ by village or town with in a distance o! 8 K. M. during the greater pa rt of tin agri cultural seas on : I. Sub stituted by the Assam Act IX of 1975 Deleted by the Assam Act IX of 1975 Sub stitu ted by the Assam Act IX of 1975 Subst itut ed by the Assam Act IX of 1975 Subst itu ted by the Assam Act IX of 1975 4 Provide d further th at in the ca.$e c.f a ,' e rs o n ■—ho is a widow or a minor, or .is subject to any physical or mental disability or is a mem ber of Milita ry, Naval or Air Forces of th e Union, or who is a studen t, below the age of twenty one year s of any educat ional ins titu tion recognised by the Sta te Governm ent, the land sha ll be deemed to be under perso nal cult ivat ion even in the .absence of such personal superv ision;]5 (l) “Prescr ibed” means prescr ibed by rules mad e under this Act; (m) Th e expression “ public pu rpose” include a purpose connected with sett lement ot land with actu al cultiva tor or co-o pera tive farm ing society; (n) “ Re nt” means wha teve r is lawfully payable in money or in kind on account o f use and occ upa tion of land; (o) “ Te na nt” means a person who holds land under anoth er person and is, or bu t for a specia l contr act would be, liable to pay rent for tha t land to the oth er person and includes a person who cultivates the land of anoth er person on condition of deli' ering a sha re of the produce.]! CH APTER II Ceiling on exist ing holding and acq uis itio n of excess land. Ceil ing on 4. (1) [No twi thst anding anything to the con- existin g tea ry in any law, customs or agreemen t, no person bo ld ing sh a u be ent itled to hold as owner or ten ant, land which exceed the limi t of 50 bighas in the aggre­ gate and this limit of 50 bighas shal l be app li­ cable to the aggre gate o? the lands held indi­ vidually by the mem bers of a family or jo int ly by some or all the members of such a family; Provided th at where the person hold s ‘orcha rd lands’ the afor e-mentioned limit shall be increased by the actual area of the orchar d subje ct to a maximum of 4 bighas over the limit of 50bigh as men tion ed above.” ]2 insert ed by deleting the “ fullstop by Assam Act No. XV II of 1957. Sub stituted by the Assam Act IX of 1975. 3. Substitu ted by the Assam Act IX of 1975. 0 ■* (2) [No twi ths tanding any thin g to the con trary in any law, custom or aggreem ent, no person shall be ent itled to hold as own er or tenant , lands, for special cul tiva tion of tea in excess of such land as has been used for special cul tivation of tea and purposes anci llary thereto on the day of commencement of the Assam fixation of Ceiling on L and Hold ings (Amendm ent) Act, 1970. ” ] 3 Provided that the Sta te Governm ent may allow more lands to be held for anc illary pu r­ poses and for increase in are a under special cul­ tivatio n of tea in accordance with the rules as may be prescribed . Expla nat ion —Purposes anci llary to special cul­ tivation shall mean the following: — ' * ' ' (i) land used for fac tory buildings, (ii) land used for staff build ing includ ing - lab our line, (iii) land used for roa ds, bridges, and drain s with in the tea esta te, (iv) land used for nurseries includ ing shade trees, (v) [land used for hospita ls, dispensa ries , creches, rec rea tion centres and play­ grounds]’l (vi) land used for religious ins titu tion, buria l or cremation grou nd. (vii) land used for any oth er build ing bui lt by manageme nt as a sta tutory r equ ire­ men t under any law for the time being in force, (viii) l and used for seed bar i, (ix) lands used as may be needed for rotational plantation to maintain the planted areas as on the commence­ ment of this Act but not exceeding 7J per cent of the planted area, (x) lands lying within the boundaries of the actual planted area excludidg tenan­ ted khet lands, (xi) lands used for bamboos bar is hu t not exceeding 50 bighas.]2 1. Substitu ted by Assam Act IX of 19757 ~ l 2~ '— 2. Inserted as Sub-section by Assam Act VIII of 1971, 6 [ (3) The Ceiling of a Co-operativ e Farm ing ooeiety shall be the aggre gate of the ceiling of its indiv idual members of the ir families unde r sub- A— section (1) above ' Provided th at lands held outs ide the society by a mem ber of a Co-operativ e Society or any member of his family shall also be take n into accoun t for dete rmining his ceiling . ]3 (4) No benami transf er made afte r the twelf th day of Novemb er 1955. shall be taken into accoun t in determining the limit upto which the transfero r shall be enti tled to hold lands under Sub-section (1) above and in such case the limit and the excess land of the transf ero r shall be determined as if the transf er has not taken place. ] 1 “[ (5) No pers n who holds land in excess of th e Assam Act limit fixed und er Section 4 shall , on or after the VIII comm encem ent of the Assam Fixation of Ceiling 7 on Lan d H ol di ng s (Amendm ent) Act, 1970, tran sfer or parti tio n any land unt il the land in excess of such limit is dete rmin ed and possession take n over by the Co llector under the Act ’ ] 2 Provided th at fcr special reason to be reco rded in writ ing, the Collector may perm it transf er or pa rti tio n of the land or any po rt on the reo f Ex planation—In this section th - express ion transf er shall have the same meaning as defined in sec tion 5 of the Transfe r of Pro perty Act (Centra l Act IV of 1882) and “p ar tit ion” means any division of land by act of par ties made inter vivos. (6) If any person, transfer s or pa rti tio ns in con traven tion of th« provision of Sub- sect ion (5), or [Transfers or pa rti tio ns any lan d after the first day of Apr il, 1970, i,e., the day on which this Amending Bill was introdu ced in the Assam Legislative Assembly; bu t before the commence­ men t of the Assam Fixatio n of Ceil ing on Land Hold ings (Amendm ent) Act, 1970]*l in ant icip atio n of, or in ord er to avoid or defeat the objec ts of the Assam Fixation of Ceiling on Land Hold ings (Am endment) Act, 1970,]* then the area so tran sferred or parti tio ned shall be taken into acc ount in 1. Sub-section 2 reuum ered ahd substituted as above by Assam Act XVII of 15 2, Substituted by Assam Act IX of 1975. 3 Added by Assam Act VI I of 1957 7 calc ulat ing the area which that person is enti tled to hold , and land exceeding the area so calc ulat ed shall be deemed to be in excess of the limi t fixed under section 4 no twithsta nding th at th e ' land remaining with him may no t, in fact, be in excess of such limit. If by reason of such transf er or pa rti tio n th e hold ing of that person is less than the are a so cal culated to be in excess of such limit , then all his land sha ll be deemed to be surplu s land; and ou t of the land so transferred or pa rti tio ned and in possession of this transf err ed land to the extent of such deficiency shall subject to rules mad e in that behal f also be deemed to be surplus land not wi ths tandin g th at the hold ing of the tran sfe red may not, in fact, be in excess of the lim it fixed under sect ion 4. All transfer s and pa rti tio ns made aft er the first day of Ap ril, 1970, t. e., the day on which this amendin g Bill was introdu ced in the Assam Legisla­ tive Assembly , but before the commencement of [the Assam Fixa tio n of Ceil ing on La nd Holdings(Am end - ment) Act 1970) Act, shall be deem ed, unless the con trary is pro ved , to have been made in ant icip atio n of, or in orde r to avoid or defeat the objects of the Assam Fixation of Ceiling on Land Holdings (Amendm ent) Act, 1970.]*1 tabmiuion 5. Any person who, on the da te of commencement of return of this Act, [* * *[ holds as owner or ten an t lands h ur w h’c h ’n the aggre gate, exceed the limi t fixed u nder in eic eij rf s e c t 'o n 4 above , sha ll within the prescribed period, the ceil ing, subm it to the Col lector a ret urn giving the pa rt i­ culars of all his lands in the pres cribed form and sta ting therein his select ion of plo t or plots of land (not exceeding in the agg regate the limit fixed under section 4 above) which he desires to ret ain under the provision of this Act. Col lect ion if a n y person hold ing land s in excess o f the u'on throvxh under section 4 above fails to sub mi t other »gen- th e return and int imate his Select ion with in the pres­ ay. cribed per iod as required under section 5 above, then the Collector may obta in the inform atio n re­ qui red to be shown in tire return thro ugh such agency as may be prescr ibed and select the plo t or plots of land which such person is enti tled to retain und er the provisions of thi s Act as also the plot or plo ts which are in excess. 7. On the basi s of the info rma tion given in the Submusion r e t u r n s under section 5 above which shall be duly to ^Govern- v c r 'fit:d through such agency as m ay be decided by merit. the Governme nt or the info rma tion obt ained by the Collector under section 6 above, the Collec tor shad •1 . The word “ this Act” whenever occurs have been substituted by “ the Assam Fixation of Ceiling on L and Hold ii g s[Amendment] Act , 1970 *T Inserte d by Assam Act VI II of 1971 as sub-sect ions 5 and 6. I. Deleted by the Assam Act No .XX VII of 1960 8 pre pare a dr af t sta tem ent showing among othe r pa r­ ticu lars , the total area of lands held by such persons, ***2 the specific plots selected for retention with them, and also the lan d in excess of the limit fixed under section 4 rem ain ing after such selection. (2) The draf t st at em en t's ha ll be published in the offices of the Dep uty Comm issioner, the Sub- div isio nal Officer, the Circle Sub-Deputy Col lector and the Ma uza dar, and a copy the reo f shall be served on the person or per son s concerned in the manner presc ribed . Any objection received within 30 days of the service shall be duly considered by the Col lec tor and af ter giving the objector an opp ­ ortuni ty for hea ring ord er shall be passed on these c objections. [Provided that where the Collector in his final ord er thereon holds th at th ere is no excess land for acqu isition, he shall subm it all connected records to the Government for appro va l]. j (3) Any person aggr ieved by an ord er of the • Col lector under the foregoing sub-section, may, within 30 days of the order, pre fer an appea l to the Sta te Government . (4) Without prejudice to any act ion under sub ­ section (3) above, the Sta te Governm ent may of its own motion call for any record rela ting to the d ra ft -»i sta tem ent at any time within [two years]*2 of the order of Collector under sub-section (2) above, and afte r giving the person or persons concerned an opportu - , nity for hea ring pass such ord ers as deemed fit. . (5) Any ord er of the Sta te Governme nt under sub-section (3) o r (4) abov e or of the Col lector when no appea l is preferred unde r sub-sect ion (3) or revi ­ sion made under sub-section (4) shal l be final. (6) The dra ft stat ement shall then be mad e final in term s of the final ord er of the Col lector or the ' Sta tem ent or the Sta te Governme nt as the case may be and repu blished in the offices mentio ned in sub- sec tion (2) and no perso n shall then be ent itle d to question it in any cou rt of law. (?) Subject to the provision of section 19, the . final stat ement shal l the n be subm itted to the Sta te Gov ernment witho ut the least possible delay . A cq u it ir io n g. The Sta te Government shall acqu ire such 'aud»'Tv e x c e f S lands by publi shing in the official Gaz ette a ttK State noti ficat ion to the effect th at such lands are require d Government. fo r a public purpose and such publ icat ion shall be conclusive evidence of the notice of acquisi tion to the person or persons hold ing such lands. 2. Deleted by ibid *2 Subs tituted by Assam Act V II I o f 1971 9 Vesting of 9. On pub lica tion o f the notification und er section Lands m tbe g above, all r igh ts, title and interests of such per son or persons in such excess lands shall stan d transferred to the Sta te Gov ernment with effect from the da te of pub lica tion of t he noti fica tion free from encumbrance s < created by such person or persons. Service ef 10. As soo n as may be af ter the pub lica tion notif ication of the notif icatio n und er section 8 above the Coll ecto r sha ll cause a copy of the not ification to be served in the ma nner pre scr ibe d on person o r persons holding such excess lands . Taking pos­ session. 11. [The Col lector may at any time aft er the l ands are tra ns fe rre d to the Sta te Gover nment under section 9 proceed to take possession thereof and may, for th at purp ose, use such force as may be necessary. Ta kin g poss e- “ 11 A . Notwithstanding anything con tained advance *n ^ c t o r *n a n y o t her law for the time z „ being in force:— (1) When it app ears from a ret urn submit ted by a person under Section 5 or 22 of this Act that ther e is any lan d in excess of the ceiling limi t the Col lector may, by an ord er in writing, take possession of such excess land s. In doing , so the Col lector shall take possession of that land which has no t been selec ted to be ret ained and in case when no such selection has been ind ica ted in the ret urn the Col lector shal l him self select the lands to be tak en possession of. (2) When it appears from a return submitt ed by a p erson under Section 5 or 22, th at the p ar ti­ cula rs shown therein are no t correct and the Col lector finds from inform ation received by him th at the re are lands in excess of the ceiling limit the Col lector may, by an ord er in wri ting , tak e over possession of such excess lan ds. While doing so the Col lector shal l himself select the <-•« lands to be taken possession of. (3 ) When no re turn has been submit ted under this Ac t by any person in respect of his lands bu t the Col lector finds from inform ation received by him th at the person hold s lan ds in excess of the ceiling lim it, the Col lector may , at any time , by an orde r in writ ing, tak e over possession of such excess lands. While doing so the Colle­ ctor shal l himself selec t the lan ds to be taken possession of. _________ 1. Sub stitu ted by Assam A ct, IX o f 1975. 10 (4) When the Collector has passed an order under sub-section (2) of sect ion 7 showing therein any lan d to be in excess of the ceiling limit appl icab le to the person concerned he shall by an ord er in writ ing take possession of such excess land . *3 (5) No ord er for taking possession shall be pas sed under any of the previous sub-sections unless it appears to the Col lector to be necessary to do so in publ ic interest or for securing pro per man age ment of the land s in quest ion.] 1 (6) [When possess ion is take n of any land under any of the preceding sub-sections, the person whose lands are taken possession of sha ll be paid for each yea r of such possession an am ount equal to the ann ual land revenue and local rate payable for such land . (7) Where the excess land of any person deter­ mined finally under Section 7 is found to be less than the lan d of that person which the Coll ecto r has taken possession of under this Section, the land which is in excess of the area so dete rmined shall be return ed by the Collector. (8) Notwithstand ing any thin g in any law for the time being in force , any order passed by a Collector under any o f the preced ing sub-sections iha ll be final and no co ur t or any oth er au tho rity shall en ter tain any suit, proceeding or appeal in respec t of any such ord er passed or in respect of taking over and ret urn of possess ion of land under any of the prec edin g sub-sections. (9) For takin g over possession of any land under any of the prec eding sub-sections, the Collector may use such force as may be necessary. (10) Any order passed by the Coll ecto r for takin g over possession of any land under any of the preceding sub-sections shall not affect or pre judice in any man ner ; the determ ina tion of the excess land und er the provis ions of the Act. (11) Any lan d of which possession is tak en by the Col lector may be temporarily for a per iod no t exceeding one year at a time disposed of or uti lise d in the spi rit of the prov isions of Chapt er II I of this Act. Such tem porary disposal shal l no t create any righ t, title and intere st whatsoeve r in favour o f any perso n.] 1 A 1. Substituted by Assam Act, IX of 1975. 11 Princip le of 12. Where any land acquired under section 8 com pen sa- o f ^ c t , ther e shall be paid compensation which shall be dete rmined by the Collector or any other officer auth orised by the State Governmen t in the manner and in accordance with the principles laid down below namely :— (a)(1) Where the person from whom the excess land has been acquire d held it as the owner the ­ reof , the compensation (inclusive of the value of any tena ncy right) shall be : — (i) in case of fallow land an amount equal to 25 times the full rate of annual land-revenue payable for such lan d, and (ii) in case of othe r land , inclusive of the value of tree s, an amount equa l to 50 times such ann ual land- revenue: Pro vided that if the land is under occupa tion of a ten an t, then the com pensati on shall be app ort ion ed between the owner and the tenant , and the sha re of the owner shal l be, if the ten an t has acquire d occupancy righ t, 15 times, and in other cases 20 times such ann ual land revenue. (2) Where the person from whom the excess land has been acq uired held it as a tenant thereon the compensation for his tenancy right shall be:— (i) If he is an occupancy tenant ,' 10 times the full rat e of ann ual land-reve nue pay ­ able for the lan d when the land is fallow, and 35 times such ann ual land-revenue in all other ca se s; (ii) If he is no t an occupancy tenant 5 times such annual land- revenue pay­ able for the land when the lan d is fallow, and 30 times such annual land revenue in all other cases. [(3) Where there is a sub -ten ant in the excess lan d acquire d, an amo unt equal to 50 per cent of the com pensati on payable under (1) or (2) above to the ten an t under whom he holds shall be paid out of it to the sub -ten ant. ]} Ex pla nation—Land which is no t cult ivated for 3 consecut ive years imm edia tely prec eding the date of acq uis ition or which does not con tain any tree, bam boo or tha tch shall be regarded as fallow ; 1. Inse rted by Assam Act. XV II of 1957. 12 Provided th at where the land is revenue free or assessed to land-re venue at a concessional ra te or where it is no t assessed to land-reve nue under the prov ision s of the Assam Land and Revenue Regul­ atio n, 1886 (R eg ulat ion I of 1886) or of the Assam Land Revenue Re-assessment Act , 1936 ( Assam Act VI II of 1936 ), the com pensation shall be dete rmined on the bas is of annual land-re venue assessable und er the p rovison of the afore-m entioned Acts on similar, full revenue pay ing land situated nea res t to it (b) Where there is any build ing or stru cture or crop on the land the owner the reo f shal l be given the option of removing it with in the prescribed per iod an d if he fails to do so within the said period, it shall be sold in publ ic auc tion and the sale proceeds afte r deduction of the cost of auction, if any, shall be paid to him. (c) For any improvement made on the land, an add itio nal am ount no t exceeding twice the amount of compensation payable under clause (a) above for the land benef ited by such improvement shall be payable to the owner or the tenant [or the su b- tena nt ]| as the case may be, a t whose expense the improve men t was made. In detem ining this amount, the following factors shal l be taken into cons idera tion, namely:— (i) enhance men t of the value or the land due to the im prov em en t; (ii) prob able dur ation of the effect of the im prov em en t; (iii) lab our and cap ita l spent on the imp rove­ ment. 13 (a) The compensatio n may be paid in cash Th e manner in one or more equal ann ual ins talm ents with in 5 of pa ym en t years from the date of acquisi tion : of compen- Oil Provide d th at where the full am ount of com­ pen sat ion is no t pa id within six mo nth s of the da te of acqu isition, inte rest at the ra te 2 | per cent per ann um shall be pay able on the unpaid bala nce of the compensation. (b) (i) Where the land acq uired is subject to a mortgage or charge, the credi tors shal l be paid out of the compensation money to the extent of the claim proved before the Collector or any oth er officer empowered in this behalf : 1. Inser ted by Assam Act, XV II of 1957. 13 Provided that where the amoun t of total cla-'m exceeds the compensation money, the cred itors shall be paid pro portio nately in ord er of pri or ity deter ­ mined by him. (ii) The credito rs whose debts are secured by mo rtgage or charge on the land acquired shall, within 60 days from the date of not ificatio n under section 8, pre fer claim in wri ting before the Co­ llec tor who shall the reupon proceed with and dis­ pose of the claim. (iii) In case of dispute as to the person or persons who are enti tled to be paid out of the com ­ pen sat ion money, the amount shall be kep t in deposit in a Gov ernment Tr easury and the dispute shall be referred to the Civil Co urt of competen t jur isd ict ion and the am ount shall the n be paid in terms of final decision of the Court. Ad-Jnterim 14.(1) When the person to whom compensation pa ym en t o f is p ayable prays for payments of compensat ion pending com pen sa- investiga tion and final dete rminat ion o f the amoun t o f com pen sat ion an ad-i nter im pay ment or compensat ion, no t exceeding 25 p er cent of the probable compensa­ tion , may be mad e aft er a prel iminary enq uiry on the execution by the cla ima nt of an indemni ty bond > with one surety. (2) Such ad- interim com pensation shall be dee- ,3 med to be pa rt of the com pensat ion pay able un ­ der this Ac t and shall be deducted from and adjust ed aga ins t it. CH APTER II I Dis pos al of excess land Disposal o f 15- Subject to the provisions of this Act and excess land of this cha pte r in pa rtic ula r the excess la nd acqu i­ red under Section 8 of this Act shal l be at the disposal of the Sta te Government. Th e m arn er 16,(1) If the re is any cul tiva ting ten an t in of disposal of occupa tion of the land acq uired from an owner excess an . t jje n gjv e n p settl ement of such land with in a pre scrib ed per iod on the following con ­ ditions, namely : — (a) th at the area of land so sett led, toge ther with any othe r lands held by him or any member of his fami ly eith er as ten an t or as owner, shall no t exceed in the aggre­ gate the limi t fixed under sect ion 4 of this Act, and Su bs tit uted by the Assam Act No. V II I of 1977. 14 (b) tha t he shall pay to the State Governme nt in one or more equa l annual instalments no t exceeding-11five an] am ount fixed by it bu t no t exceeding the compensation pay- able by the State Government fo r acqui- sion the reo f : Provided tha t [***]! any amoun t which he is ent i­ tled to receive as compensation under the provi­ sions of this Act, [shall be adju sted]2 3 4 aga inst an equal amoun t which [he]2 is liable to pay under clause (b) above. (2) On pay ment of the full amount under sub - section (1) above, the lan d shal l be sett led with him with the sta tus of a land -holder as defined in the Assam La nd and Revenue Regulat ion, 1886 (Regula tion I of 1886), [***]£ (3) Where the excess land is acqu ired from a ten an t as such and not from the owner thereo f, the Sta te Governme nt shal l be ent itle d to settle it, on such term s as it may fix, with the sub­ ten an t, if any, who is in occupation of such la nd, sub jec t to the lim it under section 4 , or if there be no sub-t enant so en tit led , with any per son co­ ming w ithin the purview of [***]4 sub-sec tion (1) of section 17 below, with the same sta tus as was held by the ten an t from whom the land has been acqu ired. Manner of 17 [(1) The State Gov ernment or any officer Und°Swhich c m P ° 'v e r e d by it in this behalf shall be entitled i * not se tt le d t 0 s c t t 'e a n y land which has no t been disposed under Sec ti os of under section 16 in the same ma nner as any 16. other lan d which is at the disposal of the Go ­ vernment under section 12 of the Assam Land and Revenue Reg ula tion , 1886.]5 does*01 *th ° The Sta te Governmen t or the officer em- agree to°takePo w e r c ^ 'n t h ’s beh alf may, for the purpo se of settle. settl ing any lan d under sub-sect ion (1) abov e, ejec t, if neces sary, any per son in .un autho rised pcssessicr,. [“ (3) In mak ing sett lement under sub-section (1) of this Section preference shall be given as far as prac tica ble to the following cate gories of person in the ord er of na rra tio n stated below: — (a) Lan dles s culi vator who has been ren ­ dered homeless due to flood, eros ion or ear thq uak e. (b) Landless cult ivat or. (c) Agricultura l Farmin g Co rporati on as defi- Assam Act ned in the Assam Agricultura l Farming VlUof Corpo rat ion Act, 1973. 1973 , 1. Deleted by the Assam Act No. V III of 1971 2. Deleted & added by ibid 3. Words occur ing after words “ Regulation 1896'” 4. Deleted by the Assam Act VIII of 1971 5. Subs tituted by ibid 15 Exp lanation—For the purpose of this Section the expression "Landle ss cu ltiva tor” shall mean a person who does not hold any land whether as owner or as ten ant or as b oth exceeding 3 b ighas and whose only mea ns of livelihood is cultivation .]6 18. A tena nt .vho is in oc cu pa tio n of any land acqu ire d un de r sect ion 8 but who doe s no t tak e se ttle me nt of such la nd in the man ne r des­ cr ibed in sec tion 16 above, sha ll acqu ire no right, tit le an d i nte rest in such lan d and s hal l be liab le to ejectment, without pre jud ice to any othe r act ion th at ma y be tak en unde r the re le va nt pro vis ion s of the Assam La nd an d Re ve nu e Re gulat ion , 1886 (Regula tion I of 1886;, o r any oth er law for the time bein g in force . CH AP TER IV f > Excess land under ann ual lease Taking over 19- (1) If, from the final sta tem ent prepared cf exc eu und er section 7, it appears that any person [***]1 land which ho ids a n y l and u nde r annual lease granted by the State annual" Government , which, with or without the lands lease. alre ady held by him, [***]i exceeds in the aggregate . the limit fixed unde r section 4 of this Act, then no t­ withstand ing any thin g to the contr ary in any laws or agre eme nt, the Col lector shall , aft er issue of three mo nth s’ noti ce ending with the 31st day of Ma rch following, take ove r the excess land under annual lease and may eject any person who may be in possess ion of such land, and may thereup on dispose of it in the manne r of section 17. (2) No compensation for the land itse lf shall be payable for tak ing it over under sub-sec tion (1) above. (3) Where there is any bui lding or s tru ctu re or crop on the land, the owner the reo f shal l be givenO the opt ion of removing it with in the p resc ribed peio d and if he does no t do so, then the bui ldin g, struc tur e, or cro p, as the case may be, shall be sold in pub lic auc tion , and the sale proceeds, afte r de­ du cti on of the cost of auction , if any, shall be paid to him. (4) If the re are any fru it- tre es, on the land, the n an amo unt fixed by the t Collector after con­ sidering the value , nature, condition and num ber of such trees, sha ll be payable as com pensation thereof, but such am ount shall not exceed 25 t imes the ann ual land-revenue payable for the land. 1. Deleted by Assam Act XXVII of 1960 6 'Ins ert ed by the Assam Act IX o f 1975 16 CH APTER V Ceiling on future acqu isition 20.(1; No twithstanding anything to the contr ary C eili ng on j n a n y jaw > u s a ge> contract or agreement, from q u ti it ic r. by a nd after the commencem ent of this Act, no person transfe r, as owner or ten ant sha ll aqu ire or possess etc . by transf er, exchange , lease, agreement or settl e­ ment any land which, or withou t the lands already held by him or any mem ber of his family, shall in the aggregate exceed the l imi t fixed u nder section 4 of this Act. Explanation.—Tra nsfer does not include (i) inh eri tance and; (ii) bequest or gift to an heir. (2) From and after the commencement of this Act, no doc ument evidencing any tra nsac tio n for acquisi tion or possession of any land by way of Act X V I transfer, exchange, lease, agreem ent or sett lement o f shal l be registe red, unless a dec lara tion in writing and duly verified is made /filed by the transferee before the com petent register ing autho rity under the India n Regis tra tion Act, 1908, abou t the tpt al area of lan ds held or possessed by him or any mem ber of his family as owner or tena nt . Pro vided th at in case of any transact ion which does no t require reg ist rat ion , the aforesa id dec laration shall be filed befo re the Col lector or any officer authorised by him in this behalf. (3) No registering au tho rity shall reg iste r under the Indian Regis tra tion Act any doc ument evidencing any tra ns ac tio n if, from the decla rat ion m ade u nde r sub-section (2) above, it app ear s th at the transac­ tio n has been effec ted in con traven tion of the pro vis ion of sub-section (1). 21. No righ t, title and intere st shal l accru e in favour of the tran sferee in any lan d in excess of the lim it fixed under sec tion 4 of this Ac t by Penalty fo r vir tue of any transact ion mad e in con travention c o n tra v e n -o f section 20 above, an d as a penalty for such ti o n o f Sec- transaction the righ ts an d interests of the transfer tl o n 20. o r j n s u c j j e x c e ss lan d pu rport ed to be transf err ed by such transa ction to the transferee sha ll be deemed to have been tra ns ferre d to the Governm ent; and the tran sferee, his assignee or any othe r person in occupa tion of the lan d on his behalf or through him sha ll be liab le to be ejected in the manner prescribed by the Col lector or any othe r officar au thor ise d in thi s behal f.: 17 Pro vided th at nothing in this sect ion shal l effect the liab ility , if any , of the transfer ee for pay ment of conside ration of such transa ctio n: Pro vided fur the r that no suit or proceeding by the transf ere e shal l lie in any cou rt for recovery of the conside rat ion for any such tran sac tion. Ceiling on 22.(1) If, afte r the commencement of this Act , futu re acqui-any person [* ** ]4 as owner or ten ant , acquires by sit ion by inherit anc e or by beq ues t or gift from a person whom inh er ita nc e, j s a n ^gjj. a n y land which , with or withou t the lands already held by h im [***]! exceeds in this aggre­ gate the lim it fixed under section 4 of t his Act, then he sha ll within the prescribed period sub mi t to the Collector a return in the manner of section 5 giving the partic ula rs of a ll lands and select ing the land he desires to retain . (2) If he fails to submit the return and select his lan ds within the p rescrib ed per iod mentio ned in sub-sec tion (1), then the Col lector may obtain the inform ation and selec t the land s in the ma nner of section 6. z (3) The Col lector shall then sub mi t a sta tem ent to the Governmen t in the m ann er of sec tion 7. Th e Sta te Gov ernment shall then in the manner laid down in section 8 o f this Act, acquire the excess lan d, and the reu pon the prov ision s of sect ions 9 . 10, 11, 12, 13, 14, 15, 16, 17 and 18 shall apply mutatis mutandis. CHAPT ER VI Cei ling for resum ption of lands from ten an ts for perso nal cul tivatio n by the land-lord Ceiling for 23 . No twithstanding anything to the contr ary in any o?lan d from la w , usage or agreemen t, no landlo rd shal l be ent itled tenant! for to terminate the tenanc y of any perso n on the ground personal fo r hi s requir ing the l and for h is p ers onal cul tiva tion by tbeVand- e x c ePt u a der the following circumstances , nam ely :— [(a) if the aggre gate area of land s in actu al occu­ pa tio n of a ten an t does no t exceed 10 b ighas, then he shal l no t be ejec ted the refrom , un til he has been pro vided with lan d of equ iva len t value in the loca lity : (b) if the aggrega te are a of lands in act ual occu­ pa tio n of a ten an t exceeds 10 b ighas, then the tena nt shal l no t b e ejected fro m a min imum area of 10 bighas ’' ' ' jj Omitted by Assam Act XXVII of i960. “ 2. Substituted by the Assam Act IX of 1975. 3. Substitu ted by the Assam Act XV II of 1957. 4. Deleted by Assam Act XXVII of 1960 18 as selected by him (ten ant ) un til he has been prov ided with lan d of equ iva len t value in the local ity, bu t the land-lord shall be ent itled to resume for person al cul tiva tion any are a in excess of these 10 bighas, In no case however, the aggregate area of lands so resumed f rom all his ten ants tak en toge ther along with any other land already held und er personal cul tiva tion by the landlo rd [***]1 on the da te of resumpt ion, shall exceed an ove rall limit of 50 bighasp: (c) the r igh t of resu mption shall be exercisable by only those landlo rds whose incom e by cul tivatio n of land is the princ ipa l source of income f or thei r main­ tenance ; Provide d that no tena ncy of a ten ant, who has acq uired the r igh t of occupanc y under any law for the time being in force shal l be terminat ed except under the prov ision s of th at law : (Prov ided furth er t ha t if the lan dlo rd is a minor, or a widow or a perso n subject to any phys ical or menta l disability, or a m emb er of the Milita ry, Naval or Ai r Forces o f th e Uni on, then it shall n ot be obli ­ ga tor y on him to leave a min imum area w ith the ten. na nt under the provis ions of clause (a) or (b) above; ]i No ejection 24. No tena nt sh all, af te r the expiry of a period af te r the ex- of 5 years from the commencement of this Act , be years 5 epct'xl on the gro und th at the lan dlo rd requires the lan d fo r his personal c ult iva tion u nder the provision of sect ion 23 above: Provided th at if the lan d- lor d is (a) a m ino r or (b) a widow, or (c) a person subject to any physical or menta l disabili ty, or (d) a mem ber of the Mi lita ry Na val or Ai r For ces of the Uni on, the n the said per iod of 5 years shal l commence (a) on att ain me nt of ma jor ity by the minor under the Indian Majo rity Act (Ac t I X o f 1875) o r (b) on rem arr iag e by the widow or (c) on ces sat ion of the disa bili ty of the land -lo rd or (d) on discharg e or re tir em en t of the lan d- lord from the services of th e Milit ary , Na va l or Air Forces of the Union . Res to ra tion 25.(1) If a lan dlord who has ejected at enant f rom of possession a ny lan d- lord o n the g rou nd of his requiring such land to ten an ts in for his per son al cult ivat ion, fails to cul tiva te the land cc tam cir - person ally with in one yea r or suble ts it to other cu.nstancei. w it jji n t w o ye a r s fr o m the da te of his tak ing over pos­ session, then the ejected ten an t shall be ent itled to ret sorat ion of posses sion in the man ner p rescribed. 1. Added by the Assam Act Vo. XV II of 1957. 3. Substitucd by the Assam Ac t IX of 1975. 19 a fT ^ (2) Notwithstanding anything to the con trary in any law or agreement, any tenant who has been eje ted within two years next before the 12th day of Novem- ber, 1955 on the ground of the land-lord requiring the land for his personal cultivation, but who would not have been liable to be so ejected, had the provi­ sions of the sub-section (1) above been in force at tha t time, shall be entitled to restoration of posses­ sion as if the provisions aforementioned were then in force. Ejected te- 26.(1) Notwithstanding anything to the contrary ceive t°om- *n a n ^ ' a w o r c o n t r a c t> a tenant who is ejected pensation for under the provisions of section 23 of this Act, improvement shall be entitled to receive compensation for any done by him. improvement made by him on the land from which he has been ejected. (2) In determining compensation, the following matters shall betak en into consideration, namely: — (a) the enhancement of the value of the land due to the improvement, (b) probable duration of the effect of /the improvement, (c) labour and capital spent by the tenant on the improvement, (d) any advantage allowed to the tenant by the landlord in consideration of the improve­ ment. Land lord 27.(1) A landlord who wants to resume any area for re- la n ( ̂ f°r Pe r s o n a l cultivation under section 23 shall sumption give notice to his tenant to that effect and there- and tenants upon the tenant shall select the area under his of lands not OCCUpa tion which he is entitled to retain under resumption provisions of this Act, and shall inform the for personal lan dlo rd in writing within 30 days of the service cultivaticn of the notice, not liable <0 ejection. The landlord may then, out of the area not so selected by the tenant, choose the area which he is entitled to resume and may terminate the tenancy thereof after giving the tenant not less than 60 day’s notice in writing. (3) If no information as required under sub­ section (1) above is received by the landlord within 45 day’s of the service of the notice, the landlord shall be entitled to select, in his discretian, the land for resumption under section 23, and to ter­ minate the tenancy thereof after giving the tenant not less than 60 day’s notice in writing. 20 (4) No twithstanding anything to the contra ry in any law or contr act , no ten an t of the lan d which has no t been selec ted and dem arcated for resumptio n for person al cul tivation by the lan dlo rd under the sub-sect ions above and no tenant of the l and which has been selected for resum ption by the landlo rd bu t proceeding for eject ion wherefro m has no t been ins titute d with in the period men tioned in section 24 of this Act , shall be ejected except o n the g rounds mentioned below and af te r giving at leas t 30 day’s notice in writing'— (a) that he has done any act which is d estruc ­ tive or permanently inju rious to the l and and fail ed to rep air the dam age within 90 days of the service of the notice given by the land­ lord; 01' (b) th at he h as failed to pay the ren t l awful ly due to the land-lord w ithin 90 days of its becoming due; or (c) that he has kep t the lan d fallow for two conse­ cutive years withou t any reasonable ground. CH AP TE R VII EST ABLISHM ENT OF A LAND REFORMS BOARD No tif ica tio n 28.(1) The Sta te Gov ernment may , by not ifica tion for es tabl ish- jn t ji e official Gaz et te , establish a Land Reforms Land” * Board for the Sta te of Assam. Re fo rm Bo ard. [(2) The Boa rd shal l consis t of six members , namely,— (a) two non-official mem bers nominat ed by the Sta te Governm ent, (b) thre e officers of the Sta te Government, name ly: — (1) the Commissioner of Plains Divi sion, (ii) the Secreta ry to the Governm ent of Assam in the Revenue Depar tment , (iii) the land Reforms Officer who sha ll also be the Secretary to the Boa rd. (g) a Chairma n nom inated by the Sta te Govern­ ment. ]! “ 1. Subti tue td by the Assam Act. No. XX of 1262. 21 (3) The members of the Board shal l hold office for a period of three year s from the date of not ificatio n me ntioned in sub-sect ion (1):■<» ' ' Provide d that the Sta te Governme nt may extend the period by one year by a not ifica tion in the official Gazette. Board d u ty ° f B o a rd — (1) to advised the State Governmen t in : (a ) carryin g out the p rovisions of this Act, (b) formu lating policie s in ma tte rs rela ting to land reform s, (c ) formu lating schemes of co-opera tive settle ­ ment of land and of co-operative framing societies, (2) to eva luate from time to time the prog ress and effect of land reforms, and (3) to perform such oth er functio ns as may be prescribed. Rules of 30. The Boa rd may fram e its own rules of pro - Procedure. cedure con sistent with the prov ision s of his Act and the Rules made the reunde r, and hotd such enqu iries as deemed necessary for the pro per dis­ charge of its functio ns. CHAPTER VIII M isce lla ne ou s Appeal* 31. (1) Any per son aggr ieved by any ord er under section 12 or 13 may, within 30 days of the orde r, pre fer an appeal to the Distr ict Judge . (2 ) The decision of the Distri ct Judg e, or the orig inal ord er when no appeal is pre fer red , shall be final. Bar to 32. Except as othe rwise expressly provide d in Jurisdieties. this Act, no decis ion or ord er made in exercise of any pow er con ferr ed by or under this Act shal l be called in que stio n in any Court . Collector 33- If the Collector is opposed or impeded in may enforce ^ i n g possession of any lan d under the pro vis ion order. of the Act, he may use or cause to be used such force as may be j ecesss ry to ejeet any person from the land. 22 34. (1) Who ever con travenes any lawful order passed under this Act or obs tructs any person from lawfully Penalties tak ing possession of any land under this Act or m kes a declara tion or s tate ment or furnishes any information -*«»- which is false and which he has reason to believe to be false , shal l be punishable with imp riso nment which may extend to one yea r or with fine which may extend to two tho usand rupe es or with both . “ (2)2 Any person who fails to subm it any return requ ired to be submit ted und er sections 5 and 22 shall, on conv ictio n, be pun ishe d with imprisonment which may extend to one year bu t which shall no t be less than three mon ths and shal l also be liable to fine which may extend to one tho usa nd rupees.” Pro tection 35. No suit or proceedin g o r othe r legal proceedings of action shall lie against any per son for anything which is 1 akeo in in good fai th done or intende d t o be done in pu r- goo ait . s u a n c e o f any of the prov ision s of this Act, or any or de r mad e ther eun der . Delegation 36. yh:.- Sta te Gov ernment may, by notif icatio n, o powers . j e je g a t e a n y o ffic e r ! or autho rity sub ord ina te to it any of the powers confe rred on it by the Ac t except the powers unde r section 8, 28 a nd 40, to be exercised subject to any rest rict ions and conditio ns as may be specified in the said noti ficat ion. Powers to ord er pro­ duction of docu ments etc ., 37. Subject to any conditions or rest rict ions that may be prescr ibed, the Col lector may, for the pu r­ pose of this Act , requir e any person to pro duce any document , pa pe r or reg iste r which is in his possess ion or under his control , or to furn ish any info rma tion which is he may think necessary for the pro per discharge of any duties under the provis ions of this Act. Officer h old- 38. Any officer or author ity holding an enqu iry Act v of mg en- o r hea ring an appeal under this Act shall have the 1<08 hatTpower? pow ers of a Civil Co ur t unde r the Code of Civil of Civil Procedure , 1908, in respec t of — Courts for enforc ing atte nda nce , (a) enforcing attendan ce of any person and his exam ina tion on oath, (b) compelling pro duction of documents, and (c) issue of comm ission. 2. Sub stitu ted by the Assam Act IX of 1975 23 Mode of Recovery of any amount under the 39. Any sum payable to the Gover nment under the provisions of this Act may be reali sed as an ar rear of land revenue. Power to 40. (1) The Sta te Government may. by notif icat ion ma ke rules ofiicial Gazet te, make rules for carrying out the purposes of this Act. (2) In parti cular , and withou t prejudice to the general ity of the foregoing power, such rules may prov ide for all or any of the following matter s, nam ely : — (a) the maimer in which any notice or ord er under this Act may be served or published; (b) the manner in which the Col lector shall exercise any of the powers under this A c t; (c) the procedure and fees rega rding appeal revision or any other pe tit ion under this Act (d) the perio d with in and the form in which the re turn has to be submit ted under section 5; (e) the agency through which the inform a­ tion is to be collec ted under section 6 ; (f) the manner in which a copy of ' the draf t sta tem ent shall be served on the person or persons concern d under sub-section (2) of section 7; (g) the manner in which the notice is to be served under section 10; (h) the per iod with in which the ten an t shall exercise option under section 16 for settl ement of lan d with him ; (i) the period within which the owner shall remove building , structure or crop under section 12 or 29; (j) the per iod within which the return should be submit ted under section 22; [“41 (1) The Assam Fix atio n of Ceiling on Land Hold ings (Amendm ent) Act , 1972, is herebn repea led. 24 Rep ea l and (2) No twithstanding such repeal, any decision • avings. given, orde r made, anything done, any action take n or any proceedings comm enced under any of the provisions of the Act so repe aled and in force imm edia tely before such repeal shal l con tinu e in force and shall be deemed to hav e been given, made, done, tak en or comm enced under the cor res ­ pon ding provisions of this Ac t ”]l Power to [“42. If any difficulty arises in giving effect to remove diffl- any provision of the Assam Fixatio n of CeiliDg cultiea o n Lan d Hold ings Act, 1956, the Sta te Governmen t may , as occasion requ ires , take any action ne t inco nsis tent with the provis ions of the Ac t which may appear to them necessary for the purp ose of removing the difficulty .” ]2 1. In se rte d by ihe Assam Act IX of 1975 2. In se rte d by the Assam Ac t IX cf 1975 AGP.—730/7$ (L aw .)— 4,0 00—4-6-76.