The Assam Fixation of Ceiling on Land Holdings (Amendment) Act, 1970
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ASSAM AG I V II I OF 1971

THE ASSAM FIXATION OF CE ILING ON LAND HO LDINGS

(AM ENDM ENT) AC1, 1970

**(R eceive d the as sent of the President on the 24th March, 1971)**

[Published in the _Assam Gazette, Extraordinary, dated the 27th March, 1971]_

**An**

**Act**

**furth er to am end the Assam Fixation of C eiling on Land**

**Ho ldings Act, 1956**

Preamble. Whereas it is expedient further to amend the

Assam Fixation of Ceiling on Land Holdings Act, j
1956, hereinafter called the principal Act, in the
manner hereinafter ap pea ring;

It is hereby enacted in the Twenty-first year of

the Republic of In dia as follows:—

extent ^nd 1- (1) This Act may be called the Assam Fixa-

comm[e] nce- tio n of Ceiling on Land Holdings (Amendm ent) Act,
ment. 1970.

, (2) It shall have the like extent as the prin­

cipal Act.

**(3)** It shall come into force at once.

Amendm ent 2. In section 2 o f the principal Act,—
of section 2

of Assam (I) Clause (c)(i) shall be substituted by the

Act **I** of

1957. following, namely:—

“ (c)(i) lands held and utilised for .special

cultivation of tea and purposes ancillary

thereto .”

(2) in clause (c)(ii), the figure and word “ 150

bighas” shall be substituted by the figure and word
“ 75 bighas” .

Amendment

of section 3 3. In section 3 of the principal Act, in the Expla-

of Assam nation occurring under clause (d), a comma

1957 [1] ° [f] by the words “ married sons” shall be inserted

between the words “dau ghters” and “and” .

Amend­

ment of sec- 4 . In section 4 of the principa l Act,—

tion 4 of

of[S]1957.[C tl] (1) in sub-section (I) of section **4 of the princi-** _exhti’Jt[5]_ _h0°l!_

pal Act, the figure “ 150” occurring between the ding


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words “ of” and “Bighas” shall be substituted by

the figure ‘’75” .

(2) after sub-section (1) the following shall be

inserted as sub-section (2), namely:—

## “(2) Notwithstanding anything to the contrary

in any law, custom or agreement no person shall be

entitled to hold as owner or tenant lands for special
cultivation of tea in excess of such lan d as has been
used for special cultivation of tea and purposes Ancil­
lary thereto on the day of commencement of this A ct:

Provided that the State Government may allow

more lands to be held for ancillary purposes and for

increase in area under special cultivation of tea in

accordance with the rules as may be prescribed.

_Explanation.—Purposes ancillary to special cultiva­_

tion shall mean the following :—

(i) land used for factory buildings.

(ii) land used for staff building includ­

ing labour' line.

(iii) land used for roads, bridges and

drains within the tea estate.

(iv) land used for nurseries including

shade trees.

(v) land used for hospitals, dispensaries,

creches, recreation centres and play­

grounds.

(vi) land used for religious institution,

burial or cremation ground.

(vii) land used for any other building

built by management as a statutory re­
quirement under any law for the time

being in force.

(viii) land used for seed bari.

(ix) lands used as may be needed for

rotational plantation to maintain the

planted areas as on the commencement of
this Act but not exceeding 7j per cent of

the planted area.


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(x) lands lying w ithin the boundaries of

the actual planted areas excluding tenanted
kh etland s,

(xi) land used for bamboos baris but not

exceeding 50 bighas.

(3) the existing sub-section (2) shall be renum ­

bered as sub-section (3).

(4) the existing sub-section (3) shall be renum

bered as sub-section (4) and the following sub-section"
shall be added as sub-sections (5) and (6), namely:—

“(5) No person who holds land in excess of the

limit fixed under section 4 shall, on or after the com­
mencement o f this Act transfer or partition any land
until the land in excess of such of limit is determined

and possession taken over by the Collector under

the Act:

Provided that for special reason to be recorded in

writing, the Collector may perm it transfer or parti­
tion of the land or any portion thereof.

_Explanation.—In this section the expression transfer_

shall have the same meaning as defined in section

5 of the Transfer of Property Act (Centra l Act IV
of 1882) and “partition” means any division of

land by act of parties made _inter vivos._

(6) If any person,

transfers or partitions in contravention of the provi­
sion of sub-section (5), or

transfers or partitions any land after the first day of
April, 1970, t.e., the day on which this amending Bill

was introduced in the Assam Legislative Assembly, but
before the commencement of this Act, in anticipation
of, or in order to avoid o r defeat the objects of this Act,
then the area so transferred or partitioned shall be
taken into account in calculating the area which that
person is entitled to hold, and land exceeding the area
so calculated shall be deemed to be in excess of the
limit fixed under section 4 notwithstanding that the
land rem aining with him may not, in fact, be in exces

of such limit.

If by reason of such transfer or partition the holding

of that person is less than the area so calculated to be
in excess of such limit, then all his land shall be
deemed to be surplus land ; and out of the land so
transferred or partitioned and in possession of his


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transferree land to the extent of such deficiency shall
subject to rules made in that behalf also be deemed
to be surplus lan d notwithstanding that the holding of
the transferree may not, in fact, be in excess of the

limit fixed under section 4.

All transfers and partitions made after the first day

of April 1970, i.e., the day on which this amending
Bill was introduced in the Assam Legislative Assembly,
but before the commencement of this Act, shall be

deemed, unless the contrary is proved, to have been
made in anticipation of, or in order to avoid or defeat

he objects of this Act.”

a-

**Amendment** **5. I n** section 7 of the principal Act,—
**of section 7**

Act ^o f (0 after stjb-section (2), the following proviso shall

1957. be added, name ly:—

>■

“ Provided that where the Collector in his final order

thereon holds that there is no excess land for acqu i­
sition, he shall submit all connected records to the
Government for approv al.”

(2) In sub-section (4), for the words “ 60 days”

occurring in between the words “ within” and “ the
order of the Collector” the words “ two years” shall

be substituted.

Amendment g j n s e c ti o n 16 of th'e prin cipal Act,—- r
of section

16 of Aisam

Act I of ( i) j n sub-section (1), the words “have the option

5 ’ of taking” occurring between the words “he shall”

and “settlement” be substituted by the words “ be
given.”

(2) In the proviso to sub-section (l)(b) , the

words “he shall have the right to ad just” in

between the words “ that” and “any amount” shall
be deleted. Instead the words “shall be adjusted” T

shall be added, after the words “this Act” and

also the word “he” in between the words “which ”
and “is liable.”

(3) In sub-section (2) the words occurring after RCgUia tion

the words “Assam Land and Revenue Regulation, 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 of” and “of sub-section (1)” shall
be deleted.


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49

Amendment 7. For sub-section (1) of section 17, the following

of Assam A ct of section 17 gba ll be sub stitu ted, na m ely:—’

I of 1957.
“ (1) The State Government or any officer

empowered by it in this behalf shall be entitled to settle
any land which has not been disposed of under sec­
tion 16 in the same mariner as any other land which
is a t the disposal of the Government und er section 12
of the Assam Land and Revenue Regulation, 1886.”

# ASSAM ACT IX OF 1971

**(R eceived^ hc assent o f the Governor on the 26th March, 1971)**

**THE ASSAM APPROPRIATION (No.I) ACT, 1971**

An

## Act

**to provide for the with draw al of certain furthe r su m s from and**

**out of the Consolidated Fund of the Sta te of Assam to**

**the Service of th e year ending on th e thirty-first**

## day of March, 1971.

Short title. Jt is hereby enacted in the Twenty-second Year of

the Republic of India as follows :—

1. This Act may be called the Assam Appropriation

(No.I) Act, 1971.

Withdrawal 2. From and out of the Consolidated Fund of the

of Rs. State of Assam there may be paid and applied

13,99,11,460

sums not exceeding those specified in column

from and

out of the (3) of the Schedule amounting in the aggregate
Consolidated to the sum of Rupees thirteen crores, ninety-nine
Fund of the lakhs, eleven thousand, four hundred and sixty
State o f

towards defraying the several charges which will

Assam for the

financial come in course of payment during th e year end-

year 1970-71. ing on the thirty-first day of March, 1971 in

respect of the services specified in column (2) of

the Schedule.

Appropna- 3. The sums, authorised to be paid «/nd applied

tion. from and out of the Consolidated Fund of the

State of Assam by this Act, shall be appropria­
ted for the services and purposes expressed in
the Schedule in relation to the year ending on
the thirty-first day of Marc h, t971.


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