The Assam Fixation of Ceiling on Land Holdings (Amendment) Act, 1976

I Registered Th e Assam G azette w s ifan EXTRAORDINARY 2JT3J <P'3,Z'Ŝ 2<Trf#f'S PUBLISHED 3Y AUTHORITY nr 103 12 1976, 20 1893 "h? No. 103 Dispur , Tuesday, Oc tob er 12, 1976, 20t h As vina , 1898 (S. E.) GOVER NMENT OF ASSAM ORDE RS BY TH E GOVER NOR LEGISLATIVE DEPARTMENT N O T I F I C A T I O N The 12th Oc tober 1976 No .LJL .10 4/7 6/6 2.—The following Act of the Assam Legislative Assem» bly which received the assent of the Preside nt is here by pub lish ed for gen eral info rma tion . . ‘ ' - I ' ■ ' f ■ f . ■ - ’ ’ ‘ .. ' ■ . . « X 596 THE ASSAM GAZETTE,EX TRAORD INAR Y, O C T .' ll , 49 76 ASSAM ACT XVIII OF 1976 -X,•V." (R eceiv ed th e as se nt of t he P re sid en t o f India on th e 11th da y of Octob er 1976) THE ASSAM FIXATION OF CEILING ON LAND HOLDINGS (AMENDMENT) ACT, 1976 An Ac t fu rthe r to amend the Assam Fixatio n of Ceiling on Land Holdings Act, 1956. It is her eby enacted in the Twent y-seve nth Year of the Republic of Ind ia as follows >— ■y 1 Sho rt titl e, 1. (1) This Act may be called the Assam Fixatio n ex te nt an d o f Ceiling on Land Holdings (Amendment) Act, 1976.comm ence- ° ° m,ent. (2) It sha ll have the like ex ten t as the prin cipal Act. (3) It shal l be deemed to 'have come into force on the third day of May, 1976. 2. In the principal Act, in Section 4,Amendment of Sect ion 4 of Assam Act I of 1957. Amendment of Section 7 of Assam Act I of 1957 (a) in sub-sec tion „(1), the conjunc tion "o r” befo re the w,ord "ten an t” shal l be subst itu ted by a comma and the word s "or mortgagee in posses ­ sion” sha ll be inserte d in betwee n the word/ "t en an t” and th ^ comma prec edin g the word "la nd ”, (b) in stib-section (2), the con junc tion "or” before the word "ten an t” shall be sub sti tut ed by a comma and the word s "or mortgagee in posses ­ sion” sha ll be inserted in between the word - "te na nt” and the comma prec edin g the word "ja nd ”. » 3. In the prin cipal Act, in Section 7, (a) in sub-sec tion (2), ■ " , (i) the figure "30” shal l be subst itu ted by the figure "15”, , - (ii) af te r the firs t para , the follow ing shal l be in- . sert ed, nam ely :— "The pers on mak ing any such objection shal l ascer­ tain the date on which the objection will be considered > __ 1 THE ASSAM GAZETTE, EXT RAO RDINAR Y, OCT. 12, 1976 597 and if on the day fixed or on any oth er dat e to which the consideratio n may be postponed, the objector is absent , the Collector sha ll consider, , the objection s in, th e ' absence of the objector and pass such orders as he ma y think necessary making the sta tem ent final”. (iii) Prov iso shal l be deleted. (b) Sub-sec tion (3) sha ll be deleted. (c) Sub-sec tions (4), (5), (6) and (7) sha ll be subs ̂ tituted by the following, nam ely :— * "(3) The draf t sta tem ent sha ll the n be ma df final in ter ms of the final orders passed under the prec edin g sub-sec tion and the Collector sha ll sign it and affix the date. (4) Notwi thst and ing any thing contain ed in the next sub- sect ion; wi th effect from the date on which the final sta tem ent is signed by the Collector under the prec eding sub-sec tion , all rights , tit le and in te re st ' of the person or persons whose land s are show n as excess in such sta tem ent sha ll stahd tra ns ferre d to and ves t in the St ate Govt, free from all encumbrances cre ated by such pers on or persons and no person shal l then be ent itle d to question it in any Court . (5) The final sta tem ent pre pared under sub- sect ion (3) above sha ll be pub lished in the same ma nner in which a draf t sta tem ent is to be published under sub -sec tion • (2) above. a (6) Wi thout pre jud ice to any action un de r any oth er prov ision of th is Act, the Sta te Govt, may of, it s. own • mot ion call for any record re lat ing to any final, sta te ­ me nt at any time and ma y pass such ord ers as it* deem s„ fit af ter giving the pers on or persons concerned an op­ po rtu ni ty of being heard .” Dejetioa «f 4. In the prin cipal Act, Sections 8, 9 and 1® shal l Sections*, 9 h>e delet ed. . and 10 of - * Assam Act I of 1957. Amendment 5. In the prin cipal Act, in Section 11, the word of Section H a n c j figu r e "Section 9” sha ll be subst itu ted by the words I o fl 957 . sub-sec tion (4) of Section 7”, It Amendment 6. In the prin cipal Act, in Section 12, the words . °2 oFlTsam "a c a u ir e d und £r Section 8” shal l be subst itu ted by the Act i of words "is tra ns ferre d to and vest ed in the Sta te Gov ern- 1957. ment under sub-sect ion (4) of' Section 7”. 4 59S THE ASSAM GAZETTE EXTRAORDINARY, OCT. 12, 1976 Amendment 7. in the prin cipal Act, in Sections 15 and 18, the w o r ‘i s "acqui red under Section 8” wh erever they occur • f Assam Acts h a l l he sub sti tut ed by the word s "tr ansfe rre d to and I »f 1957. vest ed in the Sta te Govt, under sub-section (4) of Section 7” . .f ’sectU.’l^ 1 I n t h e principal Act, in Sect ion 19, in sub-section •f Assam (1), the word s "th ree mo nth s’ notice ending wi th the Act I «f 31st day of March follo wing” app ear ing betw een the 1957. words "of” and "ta ke over” preceded by the comma sha ll be subst itu ted by the word s "one mo nth ’s notice” . A* cn fi»en t • 9. In the princi pal Act, in Sect ion 20, in sub-sec tion •fAs’sam2*^1^ t h e w o r d "o r” app eal ing in betw een the words Act i «f "ow ner ” and "ten an t” sha ll be sub sti tut ed by a comma 1957. (,) and the words "or mortgagee in possession” shal l be inserted in betw een the word s "ten an t” and "sh all ”. , A * “ d«»eat io. In the princi pal Act, in Section 22, 22 »f Assam (a) i n sub -sec tion (1), the word "or” appearing Act I in betwee n the words "own er” and "te na nt” 1957. % sha ll be sub sti tut ed by a comma (,) and the words "or mortgagee in possession” sha ll be inserted in between the words "ten an t” and the comma preced ing the word "ac quire s”- (b) sub-sec tion (3) sha ll be subst itu ted by the fol­ lowing, nam ely :— ■ / "(3) The Collecto r sha ll then prep are a draf t sta te­ me nt and mak e the same final in the ma nner laid down in Section 7 and the reu pon all the prov ision s of this Act sha ll app ly mu tat is mu tan dis .” Amendment 11. In the princi pal Act, in Sect ion 36, 'the figure •f Section 36"g” app ear ing in betw een the word "Sec tions” and the *l ofa i957Ctfigu r e "2 8” sha ll be delet ed. , Amadmat 12. In the princi pal Act, in Section 40, in sub-section Tf clause (g) shjall be delet ed. I rf 1957. riaalijat ien 13. (1) When any final sta tem ent sub mit ted t© the •f.»t««Be»t. s t a te Governm ent' under sub- sect ion (7) of Section 7 ®f the princi pal Act as it stood befo re' the ’ c omm encement of the Assa m Fix ation of Ceiling on Lan d Holdings (Amend­ men t) Ordinance, 1976, is pend ing wi th the Sta te Gov­ ern ment, the Sta te Government sha ll not tak e any ac­ tion or pass any ord er the reo n ^but sha ll re tu rn the same to the Collecto r who on its receip t sha ll imm ediately mak e the sta tem ent final in terms of his earlier ord er in the ma nner la id dow n in sub-section (3) of Section 7 of the principal Act as amended by thi s Act and there­ upon all oth er prov ision s of the princi pal Act as amend ­ ed by thi s Act sha ll app ly the reto mu tat is mutandis. A THE ASSAM GAZETTE EXTRAORDINARY, OCT. 12, »976 599 (2) When the Sta te Government passed any ord er before the commencement of the Assam Fix ation of Cei­ ling on Lan d Holdings (Amendment) Ordinance, 1976, on any draf t sta tem ent sub mitted jto the Sta te Govern- . me nt under sub-sect ions (3), (4), or (6) of Section 7. of the princi pal Aqt, the Collecto r sha ll imm ediately finalise the same in ter m of the orders of the Sta te Government in the ma nner laid down in sub-sec tion (3) of. Section 7 of the prin cipal Act as amended by thi s Act and th er e­ upon all the prov ision s of the princi pal Act as amended .by thi s Act sha ll app ly the reto mu tat is mutand is. In till such cases the Collecto r sha ll ndt be req uir ed to submit the sta tem ent to the Sta te Government again. Prov ision s re ­ gardi ng pend ing ap pe als. 14. Notwi ths tanding any thing contained in sub-sec tion (3) of Sect ion 7 of the princi pal Act as it stood before the comm encement of the Assam Fix atio n of Ceiling on Land Holdings (Amendment) Ordinance. 1976,— (1) no appeal sha ll lie against any ord er passed by the Collector un de r Section 7 of the prin cipal Act as it stood before the commencement of the Assam Fixatio n of Ceiling on Land Holdings (Amendment) Ordinance, 1976 ; (2) all appeals prefe rre d un de r sub-sec tion (3) of Sect ion 7 of the principal Act and pending wi th Sta te Government on the date of commencement of the Assam Fix ation of Ceiling on Land Holdings (Am endmen t, Or­ dinance, 1976 sha ll be ret urne d to the persons who pre ­ fer red the m as if no such appeal lay wi th the Sta te Government against any ord er passed by the Collector , and the records of the case if called for sha ll be sent back to the Collector Concerned. The Collector in all such cases sha ll imm ediately proceed to make the sta te ­ ment final in accordance wi th the provisions laid down in sub -sec tion (3) of Section 7 of th e principal Act as amended by thi s A ct 'a nd the reu pon all the provisions « of the princi pal Act as amended by this Act sha ll app ly the reto mu tat is mut an di s; * . . A - ' i (3) when any ord er was passe d by the Sta te Gover n­ me nt on any appeal prefe rre d under sub-sec tion (3) of Section 7 -of the prin cipal Act before commencement of the Assam Fix atio n of Ceiling on Land Holdings (Amend­ ment) Ordinance, 1976, the Collector sha ll imm ediately proceed to finalise the sta tem ent in terms of the orders passed b y , the Sta te Governmen t and the reu pon all the prov ision s of the .princ ipal Act as amended by thi s Act sha ll app ly the ret o mu tat is mutandis. Repeal and 15. (1) The Assam Fix ation of Ceiling on Land Hol- Savings. dings (Amendment) Ordinance, 1976 is he reb y repealed . 600 THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 12, 1976 (2) Notwi ths tanding shch repe al, any ord er passed, an yth ing done or any action tak en under the Assam Fix ation of Ceiling on Land Holdings Act, 1956, as amended by the Assam Fix ation of Ceiling on Land Holdings (Amendment) Ordin ance, 19J76, shal l be deemed to' have been passed, done or tak en under the cor res­ ponding prov ision s of the Assam Fix atio n of Ceiling on Land Holdings Act, 1956, as amended by this Act. V. TAHB1 LDA R, Secreta ry to the Govt, of Assam , Legislat ive De partm ent. a GAUHATI—Printed and published by the Supdt. i/c., Printing Press, Directorate ®f Ptg. & Sty., Assam (Ex-Gazette; . No.205--1,600+2,500—12-10-1976.