The Assam Fixation of Ceiling on Land Holdings (Amendment) Act, 1970

4S ASSAM AG I V II I OF 1971 TH E ASSAM FIXATI ON OF CE ILING ON LAND HO LD INGS (AM ENDM ENT) AC1, 1970 (R ec eive d the as se nt o f the Pr es iden t on the 24th March , 1971) [Published in the Assam Gazette, Ex traord ina ry, dated the 27th Ma rch , 1971] An Act furth er t o am en d the Ass am Fi xa tio n of C eil ing on Lan d Ho ldings Act , 1956 Pream ble. Whereas it is expedie nt fu rth er to am end the Assam Fixation of Ceil ing on La nd Hold ings Act, j 1956, here inafter calle d the pr inc ipa l Act, in the ma nner hereinafte r ap pea ring; I t i s hereby ena cted in the Twenty- first year of the Republic o f In di a as follows:— exte nt ^nd 1- (1) Th is Act may be called the Assam Fixa- com me nce - tio n of Ceiling on La nd Holding s (Am endm ent) Act , me nt. 1970. , (2) It shall have the like extent as the pr in ­ cip al Act. Amendm ent of section 2 of Assam Act I of 1957. (3) It shall come into force at once. 2. In section 2 o f the prin cipal Act,— (I) Clause (c)(i) shall be substitu ted by the following , na mely:— “ (c)( i) land s held and utilised for .special cu ltiv ation of tea an d purposes anci llary thereto .” (2) in clau se (c) (ii) , the figure and word “ 150 big has” sha ll be sub sti tuted by the figure and word “ 75 bigh as” . Amendment of section 3 3. In section 3 o f the p rin cip al Act, in the Expla- of Assam nation occurring under clause (d) , a comma 1957 1 ° f by the words “ marrie d sons” shal l be inserted between the words “ dau ghters” an d “ an d” . Amend­ ment of sec- 4 . In section 4 of the pri nc ipa l Act,— tion 4 of ofS1957.C t l (1) in sub-sec tion (I) of section 4 of the prin ci- exht i’Jt5 h0°l! pal Act, the figure “ 150” occurring between the ding 46 words “ of” and “Bighas” shall be sub stituted by the figure ‘’75” . (2) after sub-section (1) the fol lowing shall be inser ted as sub-section (2), name ly:— “(2) Notwithstanding any thing to the con tra ry in any law, custom or agreem ent no person shall be ent itled to hold as owner or ten an t lands for special cul tivatio n of tea in excess of such lan d as has been used for special cult ivation of tea and purposes Ancil­ lary the reto on the day of commencement of th is A ct: Provided that the State Governmen t may allow more lands to be held for anc illa ry purposes and for in crea se in are a unde r special cult ivat ion of tea in acco rdan ce with the rules as may be prescribed. Explanation.—Purposes ancil lary to special cult iva­ tion shall mean the following :— (i) lan d used for factory buildings. (ii) land used for s taff build ing inc lud ­ ing labour ' l ine. (iii) lan d used for roads, bridges and drains within the tea esta te. (iv) land used for nurseries including shade trees. (v) lan d used for hospit als, dispensaries, creches, rec rea tion centres and play ­ grounds. (vi) land used for religious ins titu tion, bu ria l or crem ation gr ou nd . (vii) land used for any other bui lding bui lt by man age ment as a sta tutory re­ quireme nt under any law for the time being in force. (viii) land used for seed bari . (ix) lands used as may be needed fo r ro tat ion al pla nta tion to ma intain the pla nte d area s as on the comm encement of this Act bu t not exceeding 7j pe r cent of the plante d are a. 47 (x) lands lying w ith in the boundaries of the act ual pla nte d a reas excluding tenanted kh et land s, (xi) lan d used for bamboos baris bu t not exceeding 50 bighas. (3) the existing sub-section (2) shall be ren um ­ ber ed as sub-section (3). (4) the existing sub-section (3) shall be ren um ber ed as sub-section (4) and the fol lowing sub-section" shall be added as sub-sections (5) and (6), na mely:— “ (5) No person who holds land in excess of the lim it fixed un der section 4 shal l, on or afte r the com­ men cem ent o f this Act transfer o r pa rtit ion any land un til the land in excess o f such of lim it is d eter min ed and possession taken over by the Collector under the A ct : Provided tha t for special reason to be recorded in writing, the Collector may perm it transfer or pa rti ­ tion of the land or any por tion thereof. Explanation.—In this section the expression transfer shall have the same mean ing as defined in section 5 of the Transfer of Property Act (C en tra l Act IV of 1882) and “parti tio n” means any division of land by act of parties made inter vivos. (6) If any person, transfers or parti tions in cont ravention of the provi­ sion of sub-section (5), or transfers or parti tions any lan d after the first day of Apri l, 1970, t.e., the day on which this amendin g Bill was introduced in the Assam Legislative Assembly, bu t before the commencement of this Act, in ant icip atio n of, or in ord er to avoid o r defeat the objects of th is Act, then the are a so transferred or par titi oned shall be taken into account in calcu lating the area which that person is entitl ed to hold , and land exceeding the area so calculated shall be deemed to be in excess of the limit fixed under section 4 notw iths tand ing tha t the land rem aining with him may not, in fact , be in exces of such limit. If by reason of such transfer o r partit ion t he hold ing of th at person is less than the area so c alcu lated to be in excess of such lim it, then all his land shall be deemed to be surp lus lan d ; and out of the land so transfer red or par titione d and in possession of his 48 tran sferree land to the extent of such deficiency shall subject to rules ma de in th at beh alf also be deemed to be surplus lan d notwiths tandin g th at the hold ing of the transferree may not , in fact , be in excess of the lim it fixed unde r section 4. All transfers and p art itions made afte r the first day of April 1970, i.e., the day on which this amending Bill was int rod uced in the Assam Legisla tive Assembly, bu t before the commencement of this Act, shal l be deem ed, unless the con tra ry is proved , to have been ma de in ant icipa tion of, or in orde r to avoid or d efe at he objects of this Ac t.” Amendment 5. I n section 7 of the principal Act,— of section 7 A ct ^o f ( 0 aft er stjb-section (2), the following proviso sha ll 1957. be add ed, name ly: — a- >■ “ Provided that w here the Col lector in his f inal or de r the reo n holds th at the re is no excess lan d for ac qu i­ sition, he shall sub mit all connected records to the Government for ap pr ov al .” (2) In sub-section (4), for the words “ 60 da ys ” occ urr ing in between the words “ wi thin” and “ the or de r of the Col lector” the words “ two yea rs” sha ll be s ubsti tut ed . Amendment g j n s e c tio n 16 of th'e prin cip al Act ,—- of section r 16 o f Aisam Act I of ( i ) j n sub-section (1), the words “ have the optio n 5 ’ of tak ing” occurring between the words “ he shall ” and “ set tlement” be su bs tituted by the words “ be given.” (2) In the proviso to sub-section (l )(b) , the words “ he shall have the right to ad ju st ” in betw een the words “ th at ” and “a ny am ount” shall be dele ted. Ins tead the words “shall be adjust ed” shall be add ed, after the words “ this Act” and also the word “he” in between the words “wh ich ” and “ is liable .” T (3) In sub-section (2) the words occurring aft er RCgUia t io n the words “Assam La nd and Revenue Regulat ion , I o f 1 86 1886” shall be deleted. (4) In sub-section (3), the words “ the sub ­ clauses (a), (b) and (c)” occurring in between the words “purview o f” and “of sub-sec tion (1)” shall be deleted. 49 Amendm ent 7. For sub-sec tion (1) of section 17, the following of sec tion 17 gba ll be s ub st itu ted, na m el y:— of Assam A ct ’ I of 1957. “ (1) Th e Sta te Government or any officer empowered by it in this behal f shall be en tit led to settle any land which has not been disposed of u nde r sec­ tion 16 in t he same m arin er as any oth er land which is a t the disposal o f the Gover nment u nd er section 12 of the Assam La nd and R evenue Regulat ion , 1886.” ASSAM ACT IX OF 1971 (R ec eive d^ hc as se nt o f the Go vernor on th e 26th March , 1971) THE ASSAM APPR OPRIATION (No.I) ACT, 1971 An Act to pr ov ide for the with dr aw al o f ce rtain fu rthe r su m s from and ou t o f t he Co nsolidated Fun d o f the Sta te o f Ass am to the Service of th e year en ding on th e th irty -fi rs t day of March, 1971. Short titl e. Jt is hereby enac ted in the T wenty-secon d Year of the Re pu bl ic of In di a as follows :— 1. This Act m ay be ca lled the Assam Appro priation (No.I) Ac t, 1971. Withdrawal of Rs. 13,99,11,460 from and out of the Conso lidated Fund o f the Sta te o f Assam for the financia l yea r 1970-71. Appropna- tion. 2. Fro m and out of the Con solidated Fun d of the Sta te of Assam there may be paid and appli ed sums no t exceeding those specified in column (3) of th e Schedule amoun ting in the aggre gate to the sum of R upees th irte en crores , ninety-nine lakhs, eleven tho usa nd, four hundred and sixty tow ards defr aying the several charges which will come in course o f paym ent during th e yea r end- ing on the thir ty-f irst day o f Marc h, 1971 in respect of the services specified in column (2) o f the Schedule. 3. Th e sums, author ised to be pa id «/nd app lied from and out of the Consolidated Fund of the Sta te of Assam by this Act, shall be appro pri a­ ted for the services and purposes expressed in the Schedule in relation to the yea r ending on the thir ty-f irst day of Marc h, t971 .