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

# Th e Assam G azette

 w sifan

## EXTRAORDINARY

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#### PUBLISHED 3Y AUTHORITY

 nr 103 12 1976, 20 1893 "h?

**No. 103** **Dispur, Tuesday, Octob er 12,** **1976, 20th Asvina,**

**1898 (S. E.)**

#### GOVERNMENT OF ASSAM

**ORDERS BY TH E GOVERNOR**

**LEGISLATIVE DEPARTMENT**

N O T I F I C A T I O N

The 12th October 1976

No.LJL.10 4/7 6/6 2.—The following Act of the Assam Legislative Assem»

bly which received the assent of the President is hereby published

for general information.

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-X,
**ASSAM ACT XVIII OF** **1976**           - ."

**(Receiv ed th e as sent of the P resid ent of India on th e 11th day of**

**October 1976)**

THE ASSAM FIXATION OF CEILING ON LAND

HOLDINGS (AMENDMENT) ACT, 1976

**An**

**Act**

further to amend the Assam Fixation of Ceiling on Land
Holdings Act, 1956.

It is hereby enacted in the Twenty-seventh Year of

the Republic of India as follows >—

_■y_ _1_

Sho rt title, 1. (1) This Act may be called the Assam Fixation

ex tent an d
comm ence- o [f Ceiling on Land Holdings (Amendment) Act, 1976.]° °

m,ent.
(2) It shall have the like extent as the principal

Act.

(3) It shall be deemed to 'have come into force on

the third day of May, 1976.

Amendment 2. In the principal Act, in Section **4,**

of Section 4

of Assam Act

**I** of 1957. (a) in sub-section „(1), the conjunction "or” before

the w,ord "ten an t” shall be substituted by **a**

comma and the words "or mortgagee in posses­

sion” shall be inserted in between the word/

"ten an t” and th ^ comma preceding the word

"la nd”,

(b) in stib-section (2), the conjunction "or” before

the word "ten an t” shall be substituted by a

comma and the words "or mortgagee in posses­
sion” shall be inserted in between the word

            - "te nant” and the comma preceding the word

"ja nd”.

_»_

3. In the principal Act, in Section 7,

**Amendment**

**of Section 7**
**of Assam Act** (a) in sub-section (2),       - " ,
**I** of 1957

(i) the figure "30” shall be substituted by the

figure "15”,

, - (ii) after the first para, the following shall be in-

. serted, nam ely :—

"The person making any such objection shall ascer­

tain the date on which the objection will be considered

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**THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 12, 1976 597**

and if on the day fixed or on any other date to which

the consideration may be postponed, the objector is

absent, the Collector shall consider,, the objections in,
th e' absence of the objector and pass such orders as he

may think necessary making the statem ent final”.

(iii) Proviso shall be deleted.

(b) Sub-section (3) shall be deleted.

(c) Sub-sections (4), (5), (6) and (7) shall be subs^

tituted by the following, nam ely :—

                -

"(3) The draft statem ent shall then be madf final

in terms of the final orders passed under the preceding
sub-section and the Collector shall sign it and affix the
date.

(4) Notwithstanding anything contained in the next

sub-section; with effect from the date on which the final
statem ent is signed by the Collector under the preceding
sub-section, all rights, title and in te re st ' of the person
or persons whose lands are shown as excess in such

statem ent shall stahd tra nsferre d to and vest in the

State Govt, free from all encumbrances created by such

person or persons and no person shall then be entitled
to question it in any Court.

(5) The final statem ent prepared under sub-section

(3) above shall be published in the same ma nner in which
a draft statem ent is to be published under sub-section •

(2) above.

a

(6) Without prejudice to any action under any other

provision of this Act, the State Govt, may of, its. own

         - motion call for any record relating to any final, sta te­

ment at any time and may pass such orders as it* deems„

fit after giving the person or persons concerned an op­
portunity of being heard.”

Dejetioa «f 4. In the principal Act, Sections 8, 9 and 1® shall

Sections*, 9 and 10 of h>e[ deleted. ]- ***.**

**Assam Act I**

**of 1957.**

**Amendment** 5. In the principal Act, in Section 11, the word

**of Section H** a n c j figu r e "Section 9” shall be substituted by the words

**I ofl957.** sub-section (4) of Section 7”,

It

**Amendment** 6. In the principal Act, in Section 12, the words .

°2 oFlTsam " [a c a u] i[r e] d und£r Section 8” shall be substituted by the

**Act i of** words "is transferre d to and vested in the State Govern-
**1957.** ment under sub-section (4) of' Section 7”.

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59S THE ASSAM GAZETTE EXTRAORDINARY, OCT. 12, 1976

**Amendment** 7. i n the principal Act, in Sections 15 and 18, the

w o r ‘is "acquired under Section 8” wherever they occur

**• f Assam Act[s h a l]** l he substituted by the words "transferred to and

**I »f** 1957. vested in the State Govt, under sub-section (4) of

Section 7” .

.f ’sectU.’l^ 1 I n t h e principal Act, in Section 19, in sub-section

**•f Assam** (1), the words "three months’ notice ending with the

**Act I «f** 31st day of March following” appearing betw een the

**1957.** words "of” and "take over” preceded by the comma

shall be substituted by the words "one month’s notice”.

A* cn fi»ent • 9. In the principal Act, in Section 20, in sub-section

         - As’sam2*^1 ^ t h e w o r d "or” appealing in betw een the words

**Act** i «f "ow ner” and "tenant” shall be substituted by a comma

**1957.** (,) and the words "or mortgagee in possession” shall

be inserted in betw een the words "tenant” and "shall”. ,

**A * “ d«»eat** io. In the principal Act, in Section 22,

**22 »f Assam** (a) [i n] sub-section (1), the word "or” appearing

**Act I** in between the words "owner” and "te nant”

**1957.** **%** shall be substituted by a comma (,) and the

words "or mortgagee in possession” shall be

inserted in between the words "tenant” and

the comma preceding the word "acquires”-

(b) sub-section (3) shall be substituted by the fol­

lowing, nam ely :—

"(3) The Collector shall then prepare a draft state­

ment and make the same final in the manner laid down
in Section 7 and thereupon all the provisions of this Act

shall apply _mutatis mutandis.”_

Amendment 11. In the principal Act, in Section 36, 'the figure

**•f Section 36"g” appearing in betw een the word "Sections” and the**
*l of[a]i957Ctfigu r e "2 8” shall be deleted. ,

Amadmat 12. In the principal Act, in Section 40, in sub-section

-

Tf clause (g) shjall be deleted.

**I rf 1957.**

**riaalijatien** 13. (1) When any final statem ent submitted t© the

**•f.»t««Be»t. s t a** te Government' under sub-section (7) of Section 7 ®f the

principal Act as it stood before' the ’ commencement of the

Assam Fix ation of Ceiling on Land Holdings (Amend­
ment) Ordinance, 1976, is pending with the State Gov­
ernment, the State Government shall not tak e any ac­
tion or pass any order thereon ^but shall return the same
to the Collector who on its receipt shall immediately

make the statem ent final in terms of his earlier order
in the manner la id dow n in sub-section (3) of Section 7
of the principal Act as amended by this Act and there­

upon all oth er provisions of the principal Act as amend­

ed by this Act shall apply thereto _mutatis mutandis._


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_A_

THE ASSAM GAZETTE EXTRAORDINARY, OCT. 12, »976 599

(2) When the State Government passed any order

before the commencement of the Assam Fixation of Cei­
ling on Land Holdings (Amendment) Ordinance, 1976,

on any draft statem ent submitted jto the State Govern-

. ment under sub-sections (3), (4), or (6) of Section 7. of

the principal Aqt, the Collector shall imm ediately finalise

the same in term of the orders of the State Government

in the manner laid down in sub-section (3) **_of. Section 7_**

of the principal Act as amended by this Act and there­
upon all the provisions of the principal Act as amended

.by this Act shall apply thereto _mutatis mutandis. In till_

such cases the Collector shall ndt be required to submit
the statem ent to the State Government again.

Provisions re ­ 14. Notwithstanding anything contained in sub-section

garding pending (3) of Section 7 of the principal Act as it stood before
appeals. the commencement of the Assam Fixation of Ceiling on

Land Holdings (Amendment) Ordinance. 1976,—

(1) no appeal shall lie against any order passed by

the Collector under Section 7 of the principal Act as it

stood before the commencement of the Assam Fixation
of Ceiling on Land Holdings (Amendment) Ordinance,

1976 ;

(2) all appeals prefe rred under sub-section (3) of

Section 7 of the principal Act and pending with State

Government on the date of commencement of the Assam

Fixation of Ceiling on Land Holdings (Amendment, Or­
dinance, 1976 shall be returned to the persons who pre­
ferred them as if no such appeal lay with the State

Government against any order passed by the Collector

, and the records of the case if called for shall be sent

back to the Collector Concerned. The Collector in all

such cases shall imm ediately proceed to make the sta te­
ment final in accordance with the provisions laid down

in sub-section (3) of Section 7 of th e principal Act as

amended by this Act'and thereu pon all the provisions

« of the principal Act as amended by this Act shall apply
thereto _mutatis mutan dis;_

        - . . A        - _'_ _i_

(3) when any ord er was passed by the State Govern­

ment on any appeal prefe rred under sub-section (3) of

Section 7 -of the principal Act before commencement of

the Assam Fixation of Ceiling on Land Holdings (Amend­
ment) Ordinance, 1976, the Collector shall imm ediately
proceed to finalise the statem ent in terms of the orders
passed by, the State Government and thereupon all the
provisions of the .principal Act as amended by this Act

shall apply the reto _mutatis mutandis._

Repeal and 15. (1) The Assam Fixation of Ceiling on Land Hol-

Savings. dings (Amendment) Ordinance, 1976 is hereby repealed.


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**600** **THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 12, 1976**

(2) Notwithstanding shch repeal, any order passed,

anyth ing done or any action taken under the Assam

Fixation of Ceiling on Land Holdings Act, 1956, as

amended by the Assam Fixation of Ceiling on Land

Holdings (Amendment) Ordinance, 19J76, shall be deemed

to' have been passed, done or taken under the corres­
ponding provisions of the Assam Fixation of Ceiling on
Land Holdings Act, 1956, as amended by this Act.

V. TAHB1LDAR,

Secretary to the Govt, of Assam ,

Legislative Departm 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.**


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