The ASSAM ALIENATION OF LAND (REGULATION) ACT 1980 (SINGLE DOCUMENT)
# President's Act No. 1 of 1980 THE ASSAM ALIENATION OF LAND (REGULATION) ACT 1980
 (Received the assent of the President on 19th July, 1980.) 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.


38 of 1980.


**Short title** 1.
**and extent.**

**Definitions.** 2.


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
(1) This Act may be called the Assam Alienation of Land
(Regulation) Act, 1980.

## (2) It extends to the whole of Assam

In this Act, unless the context otherwise requires –

(a) "alienation" in relation to any land means the transfer of
such land by sale, mortgage, lease, exchange, gift, will
or otherwise;

(b) "land" includes building or structures thereon and any
right therein;

(c) "prescribed" means prescribed by rules made by the
State Government under this Act.

The provisions of this Act shall have effect notwithstanding
anything to the contrary contained in any other law or in any
contract, express or implied, or in any instrument.

No. person shall without the previous sanction of the Collector
obtained in such manner as may be prescribed, make 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 may be, are
not citizens of India, or which is incorporated, formed or
registered outside India.


**Act to over**
**ride other**
**laws, etc.**


3.


**Restrictions** 4.
**on alienation.**


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**Withholding** 5.
**of sanction.**


(1) The sanction referred to in section 4 may be withheld if
(a) the transferee is, in the opinion of the Collector,
unsuitable, or
(b) the proposed alienation is in the opinion of the
Collector, prejudicial to the public interest.

(2) Where the Collector withholds any sanction under this
section, he shall record his reasons for doing so.

(3) An appeal shall lie from the order of the Collector
withholding sanction under sub-section (1) within sixty
days from the date of such order to the State Government:

Provided that the State Government may entertain an
appeal after the expiry of the period of sixty days if it is
satisfied that the appellant was prevented by sufficient
cause from filing it in time.

(4) On receipt of any such appeal, the State Government shall
after giving the appellant a reasonable opportunity of
being heard and after making such inquiry as it deems
proper, decide the appeal.

(5) The decision of the State Government on such appeal and,
where no such appeal is preferred, the decision of the
Collector under sub-section (1) shall be final.

(1) Any alienation of any land made in contravention of the
provisions of section 4 shall be void and of no effect and
the land alienated shall vest in the State Government
from the date of alienation free from all encumbrances.

(2) The Collector may, after giving the parties an opportunity
of being heard, by order
(a) direct any person in whose possession or control any
land or part of land vested in the State Government
under sub-section (1) may be to deliver possession
thereof to the State Government.

(b) impose on the transferor a penalty which may amount
to double the consideration for which such land was
alienated; and

(c) if in the opinion of the Collector there are
circumstances justifying a refund of the consideration,
if any, paid by the transferee in respect of such land,
allow the transferee such refund.

(3) The penalty imposed under clause (b) of sub- section (2)
shall be recoverable as an arrear of land revenue

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**Consequences**
**of alienation**
**in**
**contravention**
**of section 4.**


6.


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**Delivery of**
**possession of**
**land to state**
**Government**
**and penalty.**

**Disposal of**
**land vested in**
**the state**
**Government.**


**7.**

8.


**Delegation of** 9.
**power.**

**Indemnity.** 10.


(1) On the issue by the Collector of an order under clause (a)
of sub-section (2) of section 6 directing the delivery of
possession of any land or part of land to the State
Government any person in whose possession or control
such land or part of land may be, shall forthwith deliver
possession thereof to the State Government.

(2) If any person refuses or fails to comply with the
provisions of sub-section (1), the Collector shall
(a) if he is a Magistrate, enforce the delivery to the State
Government of the possession of the land or part of
the land in respect of which such refusal has been
made or failure has been committed; or

(b) if he is not a Magistrate apply to a Magistrate and
such Magistrate shall enforce the delivery to the State
Government of the possession of such land or part of
land.

(3) Whoever refuses or unlawfully obstructs the delivery to
the State Government of the possession of any land or
part of land delivery of possession whereof to the State
Government has been directed by the Collector by an
order under clause (a) of sub-section (2) of section 6,
shall on conviction by a Magistrate, be punishable
without prejudice to any other penalty to which he may
be liable under any other law for the time being in force
with fine which may extend to two thousand rupees.

Any land vested in the State Government under sub-section
(1) of section 6 shall be dealt with and disposed of by the
State Government in such manner as may be prescribed.

The State Government may by notification in the Official
Gazette, direct that the power exercisable by it under this
Act other than the power to make rules under section 12,
shall in such circumstances and under such conditions, if
any, as may be specified in the notification. be exercisable
also by an officer subordinate to it.

No suit or other legal proceeding shall lie against the State
Government any officer subordinate to it or any other 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
this Act or for anything in good faith done or intended to be
done in pursuance of this Act or any rule or order made
thereunder.

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No order made under this Act shall be called in question in
any civil or criminal court.

(1) The State Government may, by notification in the
Official Gazette make rules for carrying out the purposes
of this Act.

(2) In particular and without prejudice to the generality of
the foregoing power such rules may provide for any
matter which is required to be or may be prescribed under
this Act.

(1) The Assam Alienation of Land (Regulation) Ordinance,
1980, is hereby repealed.

(2) Notwithstanding 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 7th day of April 1980.


**Bar of**
**jurisdiction**
**of courts.**


11.


**Power to** 12.
**make rules.**

**Repeal and** 13.
**saving.**


Assam
Ordinance II
of 1980.


## N. SANJIVA REDDY, President.
 R V. S PERI SASTRI, Secy. to the Government of India


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