The Assam Alienation of Land (Regulation) Act, 1980
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 The Assam Gazette

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###### EXTRAORDINARY

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<i~ 40 N-J,~, "IR'<tt", 19 ~'ii~. 1980, 28 ~t~t-.r, **1902** {'"!<11)
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###### No. 40 Dispur, Saturday, 19th Joly, 1980, 28th Asadha,
 1902 (S. E.)

 GOVERNMENT OF ASSAM

 ORDERS BY THE GOVERNOR

 LEGISLATIVE DEPARTMENT

 NOTIFICATION

 The 19th July 1980

;,

###### No.LGL.10/79/33.-The following Act/made by the
 Presidenit and published in the Gazet te of India Extra- ordinary Part II of Section I, dated 19th July, 1980 is
 republished for general information.

 U. TAHBILDAR, Secretary to the Govt. · of As~am,
 Legislative Department.

Name of Act No. of Act Date of assent

###### The Assam Alienation of Land President's Act 19th July 1980. (Regulation) Act, 1980. No.1 uf 1980.


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###### 202 THE ASSAM GAZETTE, EXTRAORDINARY, JDLY 19, iYBO

 Presiderl.t's Act No. 1 of 1980
 THE ASSAM ALIENATION OF LAND (REGULATION) ACT 1980

 (Received the assent of the President on 19th July, 1980.)
##### ~~iille

###### Enacted by the President in the Thirty-first Year of the Republic of India.

 AN

 ACT

 to provide, in the public interest for the regulation of
 alienation of land in certain cases.

In exercise of the powers conferred by Section

3 of the Assam State Legislature (Delegation of Powers)
Act, 1980. the President is pleased to enact as follows.-l38fof 1980.

Shortt it I c 1 (1) This Act may be called the Assam Alienation
and extrnt.}.of Land (Regulation) Act, 1980.

                   - (2) It extends to the whole of Assam

Definitions, 2. In this Actl, unless the co111text otherwise requires. -

(a) "alienation" in relation                     - o any land means

###### -the transfer of such land by sale, mortgage , lease

exchange, gift_ will or otherwise;

(b) "land" includes building br structures thereon

and any right ¢herein;

(c) "prescribed" means pre!cribed by rules made

by 1the State Government under this Act.

Act to over- 3 The provisions of this Act shall have effect not-
rldc other withstanding anything ~o t!he contrary contained in

laws, etc. any other law or in any co111tract, express or implied,
or in any instrument.

Restrictions 4. No. pe·rson shall without 1Jhe previous sanction of
on alicna•the Collector obtained in such manner as may be pres-
tion.
cribed, mallte any alienation of any land in favour of

any person when such person is-

(a) an individual who is not a citizen of India; or

(b) a body corporate or firm of. which the majority
of the directors, shareholders or partners. as the case


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###### THE ASSAM GAZETTE, EX1 FAORDINARY, JULY 19, 1980 26.3

may be, are not c•~izens of India, or which is incor-
porated formed or registered ou,tside India.

Withhol_ding] 5. (1) The sanction referred to in seation 4 may be
of sanction. withheld if-

(a) the transferee is, in the opinion of the Collec-

tPr, unsuitable, or

(b) )the proposed aliena1Jjon is in the opinion of

tihe Collector, prejudicial to the public interest .

. (2) Where !\;he Collector withholds any sancJii.on un-
der t!}lis section, lle shall record his reasons for doing
so

(3) An appea1 shall lie front the order of the Coll~c­

tor withholding sanction under sub-seation (1) within
sixty days from the · date of such order to rthe StJate
Government:

Provided ~hat; the S*te Government may en-

ter1~ain an appeal after 1Jhe expiry of 1Jhe period of sixty

days if it is satisfied 1that1 the appellant was preven-
ted by sufficient cause from filing _iJt_ in time.

(4) On receipt of any such appeal rthe Statje Govern-

ment shall after giving rthe appellant a reasonable

opportunity of being heard and af1Jer making such in-
quiry as itJ deems pr oper, decide the appeal.

(5) The decision of t~e State Governmet,t on such

appeal. and, where no such appeal is preferred, the

decision of the Collector under sub-sectuon (1) shall
be final.

Cforu1[~que~ces ] [6. ] [(1) ] [Any ] [alienation ] [of ] [any ] [land ] [made ] [in ] cont,ra-

o a 1enat10n t· f th . . f t· 4 h 1 b . d
in contraven-ven 10n o e prov1s10ns o sec 10n s a 1 e v01d an
tion of sec-Of no effect and the land alienated shall vest in the
tion 4. State GovernmentJ from the d~te o.( alienation free.

from all encumbrances

(2) The Collector may, after g1v1nfl the panties an

opportun~ty of being heard, by order-

(a) direct any person in whose possession or. con-

trol any land or _part of land vested in the State

Go".ernment under sub-section (1) may be rto deliver
possession thereof to ±he State Governmenfi,_,,


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###### 204 THE ASSAM GAZE'ITE, EXTRAORDINARY, JULY 19, 1980

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(b) impose on the transferor a penalty which may

amouni':; to double tJhe consideration for which such
land was alienated; and

(c) if in tihe opinion of the Collector !there are

circumstances justifying a refund bf th~ considera ~
tion, if any, paid by . the transferee in respe'1t of such

~and, allow ithe transferee such refund.

(3) The penalty imposed under clause (b) of sub-

section (2) shall be recoverable as an arrear of land
revenue             -

Delive:y **@ff** 7 (1) On !1;he issue by the Collector of an order un-
possess1on o         - . .
**land to Stateder** clause (a) of sub-section (2) of section 6 directing
Governn.ent the delivery of possession of any land or pa.rt of land
and pen11ltY•to the St~:e Government any person in whose posses-
sion or control such land or part of ~and may be, shalI
forthwith deliver possession thereof Ito the State

GovernmentJ.

(2) If any person refuses or fails to comply with the
provisions of sub-section (1), the Collect or shall-

(a) if he is a Magistratle enforce ithe delivery to

t he Starve Government of th~ possession of the land!
or pa n ~ of the land in respect! of which such refusal'
has been made or failure has been committved; or

(b) if he is not a MagistJrai':e apply to a Magis-

###### trate and such Magistirai':e shall enforce the delivery
 to the State GovernmentJ of the possession of such
land gr part of land

(3) Whoever refuses or unlawfully obsfjructs the de-
livery tb the State Government of the possession of
any fand or part of land delivery of possession where-
of tl9 the State Government has been diredted by the
Collector hy an order under cJiause (a) of sub-section

(2) of section _6._ shall on conviction by a Magistra t'e, be

punishable w "thout pr ejudice to any ot her penalty t o
which he may be liable under any other law for the
time being in force with fine which may extiend to
two thousand rupees.

Ja, Disdposaveste l **odr** 8 . Any ~ . land vested in the St'at,e Governmen. t undd" er
in 1h . State~ub-section (1) of sect;on 6 shall be dealt. w ith and is,-

Gvvernment. posed of by th e State Government in such manner n~

may be prescribed,

. I


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'l~HE -~SS~~ GAZETTE. EXTRAORDil'Hi.RY, JULY 19, 1980 285

Deleg~t1on 9 The Stai';e Government may by notification _in_ the
of power. Otticial Gazette, direct tha,t the· power exercisable bf

~t under th.s Act. otiher than the power to make ,rules
under sect~on 12, shall in such circumstances and un-
dt;r :rnch condit.ons, if any, as may be specified in the
notification. be exercisable also by an officer subordi-
nate to itl.

Indemnity, 10. No su~t or otiher legal proceeding shall 1ie against         -

the State Government.; any officer subordina1J.e to _it_ or
or any otJher person for any damage caused or likely to
be caused or any injury suffered or likely to be suffered
by virtue of any provision of "flhis Act or for anY1thing
in good faith done or intended to be done in pursuance
of this ActJ or any rule or order made thereunder.

Bar of juris· 11. No order made under this Act shall be l called in
diction of question in any civil or criminal court.
courts.

Power to 12 (1) The State Government may, by notific""ion m

make rules. t he. Official Gazet~e. make rules for carrying out the

purposes of this AQt.

(2) In particular and without prejudice t!O the gene-

rqlity of 1the foregoing power such rules may provide
for any matter· which is required to be or may be pres-
cr,bed under this Act.

Repeal and 13. (1) The Assam Alienation of Land (Regulation)Assam Ordi

saving, Ordinance, 1980, is hereby repealed. nance II of
**1980,**

(2) NotwiUis~anding such repeal. anything done or
any action taken under the said Ordinance shall be
deemed to have been done or taken under (this Act as if
this Act had come into force on the 71Jh day of April 1980.
###### '
#### . ' I '

N. SANJIVA REDDY,

President.

I'

R V. S PERI SASTRI,

###### Secy. to' (the Government of India.

GAUHATI-Printed and published by the Supdt. i/c., **Asaaa Goyt,** **Printi111 Pres1**

(Bx-Gazette) No. 79-900-500-19-7-1980,


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