The Assam Fixation of Ceiling on Land Holdings Act, 1956
#### ASSAM ACT I OF 1957

TH E ASSAM FIX ATION OF CEILING ON LAND

HOLDINGS ACT, 1956

**(R ec eived th e ass e nt** **of** **th e** **Prt siden t** **on the 7th**

**Dec em ber** **1956.)**

**[ Publish ed in th e A ss am** **Gazette, da ted the 16th January 1957 I**

**An**

**Act**

to impose limits on the amount of land th at may be

held by a person.

**Preamble.** Whereas it is deemed necessary to make

provision for imposition of limits on the amour.'
of land that may be held by a person.

It is hereby enacted in the Seventh Year

of the Republic of India as follows : —

CHAPTER I

**Short title,** 1. (1) This Act may be called the Assam

**extent and** Fix ation of Ceiling on Land Holdings Act, 1956.
**colBtnence-**

[(2) It extends to the districts of Lak-

himpur, Dibrugarh, Sibsagar, Nowgong, Darrang,

Kamrup, Goalpara and Cachar in the State of

Assam.]!

(3) It shall come into force on such

date as the State Government may by notification

in the official [Gazette, appoint.

[“(4) The State Government may, by noti­

fication published in the official Gazette from

time to time, extend the Act to such other

areas as may be specified in the notification.” ]2

' 2. “ 3[Exception :—The provisions of this Act

shall not apply to—(1) lands held by State Government

or by the Union Government or by any local autho ­
rity or by any Agriculture Farming Corporation

constituted under the Assam Agricultural Far­

ming Corporation Act, 197 3.

1. Substituted by A. F. C. L. A. (Annual Act) 1975 [No **IX** of 1975]
2. Inserted hy Assam Act IX of 1975.
**3** Substituted ibid


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vation of tea and purposes ancillary there­
to,

(b) lands held by a mill, a factory, or a work­

shop as the case may be, for the purposes
of the expansion of the mill, factory or
workshop, or for ancillary purposes of the
mill, factory or workshop, such as setting
up of schools, dispensaries and roads, but
not for any other purpose :

(c) land held by a co-operative farm ing society

for cultivation of sugar-cane only for the
purposes of feeding a co-operative sugar
factory:

Provided that if at any time, such lands cease

to be utilised for the purposes mentioned in the

above said sub-clause, the provisions of this Act shall
apply;

(3) land vesting in a Gran Sabha under the A h u b Act

Assam Gramdan Act, 1961.]3 1 2 19$2.

3. Definition:— In this Act, unless the context

otherwise requires:

(a) [“agriculture” includes horticulture, arb ori­

culture, pisciculture, piggery, animal hus­
bandry poultry and other allied pur-

poses” .]2

(b) the words “annual lease” has the

meani g assigned to it in the Settlement
Rules framed under the Assam Land

and Revenue Regulation, 1886 (Regula­

tion I of 1886);

(c) “Collector” means the Deputy Commi­

ssioner or any other Officer authorised

by the State Government to perform

the function of a Collector under this

A ct;

(d) 3“[“ family” means a family consisting of

any one or more of the following,

namely :—

(1) husband, (2) wife, (3) minor children

and also includes a joint family.][3]

[E xp lana tion — “Joint family” means a family of

which the members are descendants from a common
ancestor and have a common mess, and shall

1. Substituted by Assam Act IX of 1975.
2. Substituted by ibid.
Q do


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3

include wife or husband, as the case may be, bi t
shah exclude married daughters, married sons and
their children :

Provided that a family consisting of father,

and/or mother, sons and/or unmarried daughters

holding lands jointly shall be presumed to be jo int
inspite of having a separate mess” ][1]

**(e)** [* * *]2

(f) “ [‘‘land” means land which is or may be
utilised for agricultural purposes or p; r-
poses subservient thereto, and includes

the sites of buil ings app urtenant to

such land and also includes land which is
or may be utilised for quarring stones ;”]

(g) the words ‘‘land-holders” has the mean­

ing -assigned to it in the Assam Land

and Revenue Regulation, 1886 (Regula­
tion I of 1886) ;

(h) “ landlord” means a person immediately

under whom a tenant holds but does not

include the Government :

(i) “ owner “ includes proprietor, land-holder or

settlem ent-holder as defined in Section 3 of
the Assam Land and Revenue Regulation,

1886 (Regulation I of 1886 ), but does not

include Government :

(j) [“person” includes an individual, a family’a

joint family, a trustee, a company, a body

corporate, a partnership farm, a society

or an association of individuals whether

incorporated or not ;]f

<k) “personal cultiv ation” means cultivation —

(i) by the person himself, or

(ii) by any member of his family, or
(iii) [by servants or hired labourers on hx d

remuneration payable in cash or kind but
not in crop-share, under personal super­

vision of the person himself or any member
of his family, provided it is accompanied
by the bearing of risks of cultivation by
the owner and by residence in the village
in which the land is situated or in a near­
by village or town within a distance o!

8 K. M. during the greater pa rt of tin

agricultural season :

I. Substituted by the Assam Act IX of 1975

Deleted by the Assam Act IX of 1975
Substituted by the Assam Act IX of 1975
Substituted by the Assam Act IX of 1975
Substituted by the Assam Act IX of 1975


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4

Provided further that in the ca.$e c.f a,'ers on

             - ho is a widow or a minor, or .is subject to any

physical or mental disability or is a member

of Military, Naval or Air Forces of the Union, or
who is a student, below the age of twenty one

years of any educational institution recognised by

the State Governm ent, the land shall be deemed

to be under personal cultivation even in the .absence
of such personal supervision;][5]

(l) “Prescribed” means prescribed by rules made

under this Act;

(m) The expression “ public purpose” include

a purpose connected with settlement ot land
with actual cultivator or co-operative farming
society;

(n) “ Rent” means whatever is lawfully payable

in money or in kind on account o f use and
occupation of land;

(o) “Te nant” means a person who holds land

under anoth er person and is, or bu t for a
special contract would be, liable to pay

rent for that land to the oth er person and
includes a person who cultivates the land

of anoth er person on condition of deli' ering
a share of the produce.]!

CHAPTER II

Ceiling on existing holding and acquisition of

excess land.

Ceiling on 4. (1) [Notwithstanding anything to the con-

existing teary in any law, customs or agreement, no person

bolding s[h] a [u b]e [ entitled to hold as owner or tenant, land ]
which exceed the limit of 50 bighas in the aggre­
gate and this limit of 50 bighas shall be app li­

cable to the aggregate o? the lands held indi­

vidually by the members of a family or jointly by
some or all the members of such a family;

Provided th at where the person holds ‘orchard

lands’ the afore-mentioned limit shall be increased
by the actual area of the orchard subject to a

maximum of 4 bighas over the limit of 50bighas

mentioned above.” ]2

inserted by deleting the “fullstop by Assam Act No. XV II of 1957.

Substituted by the Assam Act IX of 1975.

3. Substituted by the Assam Act IX of 1975.


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0

(2) [Notwithstanding anything to the contrary

in any law, custom or aggreement, no person shall
be entitled to hold as owner or tenant, lands,

for special cultivation of tea in excess of such

land as has been used for special cultivation of

tea and purposes ancillary thereto on the day of

commencement of the Assam fixation of Ceiling

on L and Holdings (Amendment) Act, 1970. ”] 3

Provided that the State Government may

allow more lands to be held for ancillary pu r­

poses and for increase in area under special cul­

tivation of tea in accordance with the rules as may
be prescribed.

Explanation—Purposes ancillary to special cul­

tivation shall mean the following: —

'            - ' ' (i) land used for factory buildings,
(ii) land used for staff building including

                 - 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]’l

(vi) land used for religious institution,

burial or cremation ground.

(vii) land used for any other building built

by management as a statutory require­
ment 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 commence­
 ment of this Act but not exceeding

7J per cent of the planted area,

(x) lands lying within the boundaries of

##### the actual planted area excludidg tenan­ ted khet lands,

(xi) lands used for bamboos baris hut not

exceeding 50 bighas.]2

1. Substituted by Assam Act IX of 19757 ~ l~ '—2

2. Inserted as Sub-section by Assam Act VIII of 1971,


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6

[ (3) The Ceiling of a Co-operative Farming

ooeiety shall be the aggregate of the ceiling of its
individual members of their families under sub- A—

section (1) above'

Provided that lands held outside the society

by a member of a Co-operative Society or any

member of his family shall also be taken into

account for determining his ceiling. ]3

(4) No benami transfer made after the twelfth

day of November 1955. shall be taken into account
in determining the limit upto which the transferor
shall be entitled to hold lands under Sub-section

(1) above and in such case the limit and the

excess land of the transferor shall be determined
as if the transfer has not taken place.] 1

“[ (5) No pers n who holds land in excess of th e Assam Act

limit fixed under Section 4 shall, on or after the VIII

commencement of the Assam Fixation of Ceiling 7

on Lan d Holding s (Amendment) Act, 1970,

transfer or partition any land until the land in excess
of such limit is determined and possession taken over
by the Collector under the Act ’ ] 2

Provided that fcr special reason to be recorded

in writing, the Collector may perm it transfer

or partition of the land or any po rt on thereof

Explanation —In this section th - expression

transfer shall have the same meaning as **defined**

in section 5 of the Transfer of Pro perty Act

(Central Act IV of 1882) and “p artition” means

any division of land by act of parties made inter

vivos.

(6) If any person,

transfers or partitions in contravention of th«

provision of Sub-section (5), or

[Transfers or partitions any land 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 commence­

ment of the Assam Fixation of Ceiling on Land

Holdings (Amendment) Act, 1970]*l in anticipation of,

or in order to avoid or defeat the objects of

the Assam Fixation of Ceiling on Land Holdings

(Amendment) Act, 1970,]* then the area so transferred
or partitioned shall be taken into account in

1. Sub-section 2 reuum ered ahd substituted as above by Assam Act XVII of 15

2, Substituted by Assam Act IX of 1975.

3 Added by Assam Act VII of 1957


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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 th e' land

remaining with him may not, in fact, be in excess
of such limit.

If by reason of such transfer or partitio n th [e]

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 this transferred land to the

extent of such deficiency shall subject to rules

made in that behalf also be deemed to be surplus
land notwithstanding th at the holding of the

transfered 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, t. _e., the_ day on which this

amending Bill was introduced in the Assam Legisla­
tive Assembly, but before the commencement of [the
Assam Fixatio n of Ceiling on Land Holdings(Amend-
ment) Act 1970) Act, shall be deemed, unless the
contrary is proved, to have been made in anticipation
of, or in order to avoid or defeat the objects of the

Assam Fixation of Ceiling on Land Holdings

(Amendm ent) Act, 1970.]*1

tabmiuion 5. Any person who, on the date of commencement

**of** return of this Act, [* * *[ holds as owner or ten ant lands

h ur w h’c h ’n the aggregate, exceed the limit fixed under

in eic eijrf [s e c t] ' [o n] 4 above, shall within the prescribed period,
the **ceiling,** submit to the Collector a return giving the pa rti­

culars of all his lands in the prescribed form and

stating therein his selection of plot or plots of land (not
exceeding in the aggregate the limit fixed under

section 4 above) which he desires to retain under
the provision of this Act.

**Collection** if a n y person holding lands in excess o f the

u'on throvxh under section 4 above fails to submit

**other »gen- th e** return and intimate his Selection within the pres­

ay. cribed period as required under section 5 above,

then the Collector may obtain the information re­
quired to be shown in tire return through such agency
as may be prescribed and select the plot or plots
of land which such person is entitled to retain

under the provisions of this Act as also the plot
or plots which are in excess.

7. On the basis of the information given in the

Submusion r e t u r n s under section 5 above which shall be duly

to ^Govern- [v c r] 'fit:d through such agency as may be decided by
merit. the Government or the information obtained by the

Collector under section 6 above, the Collector shad

        - . The word “ this Act” whenever occurs have been substituted by “ the

Assam Fixation **of** Ceiling on Land Holdii gs[Amendment] Act, 1970

*T Inserted by Assam Act VIII of 1971 as sub-sections 5 and 6.
I. Deleted by the Assam Act No.XX VII of 1960


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ticulars, the total area of lands held by such persons,

***2 the specific plots selected for retention with them,
and also the lan d in excess of the limit fixed under
section 4 remaining after such selection.

(2) The draft statem en t'sha ll be published in

the offices of the Deputy Commissioner, the Sub-

divisional Officer, the Circle Sub-Deputy Collector
and the Mauzadar, and a copy thereof shall be

served on the person or persons concerned in the
manner prescribed. Any objection received within

30 days of the service shall be duly considered by
the Collector and after giving the objector an opp­
ortunity for hearing order shall be passed on these c

objections.

[Provided that where the Collector in his final

order thereon holds that there is no excess land for
acquisition, he shall submit all connected records

to the Government for appro val].j

(3) Any person aggrieved by an ord er of the •

Collector under the foregoing sub-section, may, within
30 days of the order, prefer an appeal to the

State Government.

(4) Without prejudice to any action under sub­

section **(3)** above, the State Government may of its

own motion call for any record relating to the d raft -»i

statement at any time within [two years]*2 of the order
of Collector under sub-section (2) above, and after
giving the person or persons concerned an opportu- ,

nity for hearing pass such orders as deemed fit. .

(5) Any order of the State Government under

sub-section (3) or (4) above or of the Collector when
no appeal is preferred under sub-section (3) or revi­
sion made under sub-section (4) shall be final.

(6) The draft statement shall then be made final

in term s of the final order of the Collector or the '

Statement or the State Government as the case may
be and republished in the offices mentioned in sub-
section (2) and no person shall then be entitled to

question it in any court of law.

(?) Subject to the provision of section 19, the .

##### final statement shall then be submitted to the State
Government without the least possible delay.

A cq u itirio n g. The State Government shall acquire such

'aud»'Tv [e x c e fS] lands by publishing in the official Gazette a

ttK State notification to the effect that such lands are required

Government. for a public purpose and such publication shall be

conclusive evidence of the notice of acquisition to
the person or persons holding such lands.

2. Deleted by ibid

*2 Substituted by Assam Act V III of 1971


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**Lands m tbeg** above, all rights, title and interests of such person

or persons in such excess lands shall stand transferred
to the State Government with effect from the date of
publication of the notification free from encumbrances

< created by such person or persons.

**Service ef** 10. As soon as may be after the publication

**notification** of the notification under section 8 above the Collector

shall cause a copy of the notification to be served
in the manner prescribed on person or persons

holding such excess lands.

11. [The Collector may at any time after the lands

**Taking pos­**
**session.** are tra nsferre d to the State Government under

section 9 proceed to take possession thereof and may,
for that purpose, use such force as may be necessary.

**Takin g posse-** “ 11 A . Notwithstanding anything contained

**advance** ***n** ^ [c t ] o r *n a n y o t her law for the time

z[ „ ] being in force:—

(1) When it appears from a return submitted

by a person under Section **5** or 22 of this Act

that there is any lan d in excess of the ceiling

limit the Collector may, by an order in writing,

take possession of such excess lands. In doing

, so the Collector shall take possession of that land
which has not been selected to be retained and

in case when no such selection has been indicated
in the return the Collector shall himself select

the lands to be taken possession of.

(2) When it appears from a return submitted

by a person under Section 5 or 22, that the p arti­
culars shown therein are not correct and the

Collector finds from inform ation received by him

that there are lands in excess of the ceiling limit
the Collector may, by an order in writing, tak e

over possession of such excess lands. While

doing so the Collector shall himself select the

<-•« lands to be taken possession of.

**(3 )** When no return has been submitted under

this Act by any person in respect of his lands

but the Collector finds from inform ation received

by him th at the person holds lands in excess

of the ceiling limit, the Collector may, at any

time, by an order in writing, take over possession
of such excess lands. While doing so the Colle­

ctor shall himself select the lan ds to be taken

possession of. _________

**1. Substituted by Assam A ct,IX o f 1975.**


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under sub-section (2) of section 7 showing therein
any land to be in excess of the ceiling limit

applicable to the person concerned he shall by an
order in writing take possession of such excess

land. *3

(5) No ord er for taking possession shall be

passed under any of the previous sub-sections

unless it appears to the Collector to be necessary
to do so in public interest or for securing proper
management of the lands in question.] 1

(6) [When possession is taken of any land under

any of the preceding sub-sections, the person

whose lands are taken possession of shall be

paid for each year of such possession an amount

equal to the ann ual land revenue and local rate

payable for such land.

(7) Where the excess land of any person deter­

mined finally under Section 7 is found to be less
than the land of that person which the Collector
has taken possession of under this Section, the

land which is in excess of the area so determined
shall be returned by the Collector.

(8) Notwithstanding anything in any law for the

time being in force, any order passed by a Collector
under any of the preceding sub-sections ihall be
final and no court or any other authority shall

entertain any suit, proceeding or appeal in respect
of any such order passed or in respect of taking

over and return of possession of land under any

of the preceding sub-sections.

(9) For taking over possession of any land under

any of the preceding sub-sections, the Collector

may use such force as may be necessary.

(10) Any order passed by the Collector for taking

over possession of any land under any of the

preceding sub-sections shall not affect or prejudice
in any manner; the determ ination of the excess A

land under the provisions of the Act.

(11) Any land of which possession is taken by

the Collector may be temporarily for a period

not exceeding one year at a time disposed of or

utilised in the spirit of the provisions of Chapter

II I of this Act. Such temporary disposal shall

no t create any right, title and interest whatsoever
in favour of any person.] [1]

1. Substituted by Assam Act, IX of 1975.


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**Principle** of 12. Where any land acquired under section 8

**com pensa-** **o** **[f ]** **^ c t,** there shall be paid compensation which

shall be determined by the Collector or any other

officer authorised by the State Government in the
manner and in accordance with the principles laid
down below namely :—

(a)(1) Where the person from whom the excess

land has been acquired held it as the owner the ­
reof, the compensation (inclusive of the value of

any tenancy right) shall be: —

(i) in case of fallow land an amount equal

to 25 times the full rate of annual

land-revenue payable for such land, and

(ii) in case of other land, inclusive of the

value of trees, an amount equal to 50

times such annual land-revenue:

Provided that if the land is under occupation

of **a** ten ant, then the com pensation shall be

apportioned between the owner and the tenant,

and the share of the owner shall be, if the tenant
**has** acquired occupancy right, 15 times, and in

other cases 20 times such annual land revenue.

(2) Where the person from whom the excess

land has been acquired held it as a tenant thereon
the compensation for his tenancy right shall be:—

(i) If he is an occupancy tenant,' 10 times

the full rate of annual land-revenue pay­
able for the land when the land is fallow,

and 35 times such annual land-revenue in
all other ca ses;

(ii) If he is not an occupancy tenant

5 times such annual land-revenue pay­

able for the land when the land is

fallow, and 30 times such annual land

revenue in all other cases.

[(3) Where there is a sub-tenant in the excess

land acquired, an amount equal to 50 per cent

of the com pensation payable under (1) or (2) above
to the tenant under whom he holds shall be paid
out of it to the sub-tenant.]}

Explanation—Land which is not cultivated for

**3** consecutive years immediately preceding the date
of acquisition or which does not contain any tree,
bamboo or thatch shall be regarded as fallow ;

1. Inserted by Assam Act. XV II of 1957.


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#### 12

Provided that where the land is revenue free or

assessed to land-revenue at a concessional rate or
where it is not assessed to land-revenue under the
provisions of the Assam Land and Revenue Regul­
ation, 1886 (R egulation I of 1886) or of the

Assam Land Revenue Re-assessment Act, 1936

( Assam Act VIII of 1936 ), the compensation shall
be determined on the basis of annual land-revenue
assessable under the provison of the afore-m entioned
Acts on similar, full revenue paying land situated

nearest to it

(b) Where there is any building or structure

or crop on the land the owner thereof shall be
given the option of removing it within the prescribed
period and if he fails to do so within the said

period, it shall be sold in public auction and the
sale proceeds after deduction of the cost of auction,
if any, shall be paid to him.

(c) For any improvement made on the land,

an additional amount not exceeding twice the

amount of compensation payable under clause (a)

above for the land benefited by such improvement
shall be payable to the owner or the tenant [or

the sub-tenant]| as the case may be, at whose

expense the improvement was made. In detemining
this amount, the following factors shall be taken
into consideration, namely:—

(i) enhancement of the value o[r] the land

due to the improvem ent;

(ii) probable duration of the effect of the

im provem ent;

(iii) labour and cap ital spent on the improve­

ment.

13 (a) The compensation may be paid in cash

Th e manner in one or more equal ann ual instalm ents within 5

of pa ym en t years from the date of acquisition :
of compen-

Oil
Provided that where the full amount of com­

pensation is not paid within six months of the

date of acquisition, interest at the rate 2 | per

cent per annum shall be payable on the unpaid

balance of the compensation.

(b) (i) Where the land acquired is subject to

a mortgage or charge, the creditors shall be paid
out of the compensation money to the extent of
the claim proved before the Collector or any other

officer empowered in this behalf:

1. Inserted by Assam Act, XV II of 1957.


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Provided that where the amount of total cla-'m

exceeds the compensation money, the creditors shall
be paid proportionately in order of priority deter­
mined by him.

(ii) The creditors whose debts are secured by

mortgage or charge on the land acquired shall,

within 60 days from the date of notification under
section 8, prefer claim in writing before the Co­
llector who shall thereupon proceed with and dis­
pose of the claim.

(iii) In case of dispute as to the person or

persons who are entitled to be paid out of the com­
pensation money, the amount shall be kept in

deposit in a Government Treasury and the dispute
shall be referred to the Civil Court of competent

jurisdiction and the amount shall then be paid in

terms of final decision of the Court.

Ad-Jnterim 14.(1) When the person to whom compensation

paym ent of is payable prays for payments of compensation pending
compensa- investigation and final determination of the amount of
compensation an ad-interim payment or compensation,

no t exceeding 25 p er cent of the probable compensa­
tion, may be made after a preliminary enquiry on

the execution by the claimant of an indemnity bond

   - with one surety.

(2) Such ad-interim compensation shall be dee-

,3 med to be pa rt of the compensation payable un­
der this Act and shall be deducted from and

adjusted against it.

CHAPTER III

Disposal of excess land

Disposal of 15- Subject to the provisions of this Act and

excess land of this chapter in particular the excess land acqui­

red under Section 8 of this Act shall be at the
disposal of the State Government.

Th e m arn er 16,(1) If there is any cultivating tenant in

of disposal **of occupation of the land acquired from an** owner

excess an . t jje n gjv e n p settlement of such land

within a prescribed period on the following con­
ditions, namely : —

(a) that the area of land so settled, together

with any other lands held by him or any
member of his family either as tenant or
as owner, shall no t exceed in the aggre­
gate the limit fixed under section 4 of

this Act, and

Su bstituted by the Assam Act No. VIII of 1977.


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(b) that he shall pay to the State Government

in one or more equal annual instalments

not exceeding-11five an] amount fixed by it

but not exceeding the compensation pay-
able by the State Government for acqui-
sion thereof :

Provided that [***]! any amount which he is enti­

tled to receive as compensation under the provi­

sions of this Act, [shall be adjusted][2 ]34 against

an equal amount which [he][2] is liable to pay under
clause (b) above.

(2) On payment of the full amount under sub -

section (1) above, the lan d shall be settled with

him with the status of a land-holder as defined

in the Assam Land and Revenue Regulation, 1886
(Regulation I of 1886), [***]£

(3) Where the excess land is acquired from a

ten ant as such and not from the owner thereof,

the State Government shall be entitled to settle

it, on such term s as it may fix, with the sub­

ten ant, if any, who is in occupation of such land,
subject to the limit under section **4,** or if there

be no sub-tenant so entitled , with any person co­
ming within the purview of [***]4 sub-section (1) of
section 17 below, with the same status as was held by

the ten ant from whom the land has been acquired.

Manner of 17 [(1) The State Government or any officer

Und°[S]which [c m] P°'[v e r e] d by it in this behalf shall be entitled

**i *not se ttled** **[t 0 ]** **s c t t 'e** **a n y** land which has not been disposed

**under Sec tios of** under section 16 in the same manner as any

16. other lan d which is at the disposal of the Go ­

vernment under section 12 of the Assam Land

and Revenue Regulation, 1886.][5]

does*[01] *th ° The State Government or the officer em-

**agree to°takeP[o w e r c]** **^ '** **[n ]** **t h ’s** behalf may, for the purpose of

**settle.** settling any land under sub-section (1) above, eject,

if necessary, any person in .unauthorised pcssessicr,.

[“ (3) In making settlement under sub-section

(1) of this Section preference shall be given as far
as practicable to the following categories of person
in the order of narra tio n stated below: —

(a) Landless culivator who has been ren­

dered homeless due to flood, erosion or

earthquake.

(b) Landless cultivator.
(c) Agricultural Farming Corporation as defi- Assam Act

ned in the Assam Agricultural Farming VlUof

Corporation Act, 1973. 1973,

1. Deleted by the Assam Act No. VIII of 1971

2. Deleted & added by ibid
3. Words occuring after words “ Regulation 1896'”
4. Deleted by the Assam Act VIII of 1971
5. Substituted by ibid


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Explanation—For the purpose of this Section

the expression "Landless cultivator” shall mean a
person who does not hold any land whether as

owner or as tenant or as both exceeding 3 bighas and
whose only means of livelihood is cultivation.]6

18. A tenant .vho is in occupation of any

land acquired under section 8 but who does not
take settlement of such land in the manner des­
cribed in section 16 above, shall acquire no right,

title and inte rest in such lan d and shall be liable to
ejectment, without prejudice to any other action

th at may be tak en under the releva nt provisions

of the Assam Land an d Revenue Regulation, 1886

(Regulation I of 1886;, or any other law for the

time being in force.

CHAPTER IV

_f >_ Excess land under ann ual lease

**Taking over** **19-** (1) If, from the final statement prepared

**cf exceu** under section 7, it appears that any person [***][1]

**land which** ho ids a n y land under annual lease granted by the State

_annual" Government,_ which, with or without the lands

lease. already held by him, [***]i exceeds in the aggregate

. the limit fixed under section 4 of this Act, then not­
withstanding anything to the contrary in any laws
or agreement, the Collector shall, after issue of

three months’ notice ending with the 31st day of
March following, takeover the excess land under

annual lease and may eject any person who may
be in possession of such land, and may thereupon
dispose of it in the manner of section 17.

(2) No compensation for the land itself shall

be payable for taking it over under sub-section (1)

above.

(3) Where there is any building or structure or

crop on the land, the owner thereof shall be given
## O  the option of removing it within the prescribed peiod
and if he does no t do so, then the building,

structure, or crop, as the case may be, shall be sold
in public auction, and the sale proceeds, after de­

duction of the cost of auction, if any, shall be paid
to him.

(4) If there are any fruit-trees, on the land,

then an amount fixed by thet Collector after con­

sidering the value, nature, condition and number

of such trees, shall be payable as compensation

thereof, but such amount shall not exceed 25 times
the ann ual land-revenue payable for the land.

1. Deleted by Assam Act XXVII of 1960
6 'Inserted by the Assam Act IX of 1975


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CHAPTER V

Ceiling on future acquisition

20.(1; Notwithstanding anything to the contrary

Ceiling on j n a n y jaw > u s a [g]e> contract or agreement, from

q u tiitic r. by [a] nd after the commencement of this Act, no person

transfe r, as owner or tenant shall aquire or possess

etc. by transfer, exchange, lease, agreement or settle­

ment any land which, or without the lands already
held by him or any member of his family, shall
in the aggregate exceed the limit fixed under section
4 of this Act.

_Explanation.—Transfer_ does not include (i)

inheritance and;

(ii) bequest or gift to an heir.
(2) From and after the commencement of this

Act, no document evidencing any transaction for

acquisition or possession of any land by way of Act X V I

transfer, exchange, lease, agreem ent or settlement o f

shall be registered, unless a declaration in writing
and duly verified is made/filed by the transferee

before the com petent registering authority under

the India n Registration Act, 1908, about the tptal
area of lands held or possessed by him or any

mem ber of his family as owner or tenant.

Provided that in case of any transaction

which does not require registration, the aforesaid

declaration shall be filed before the Collector or

any officer authorised by him in this behalf.

(3) No registering authority shall register under

the Indian Registration Act any document evidencing
any transactio n if, from the declaration m ade under
sub-section (2) above, it appears that the transac­
tion has been effected in contravention of the

provision of sub-section (1).

21. No right, title and interest shall accrue

in favour of the transferee in any land in excess

of the limit fixed under section 4 of this Act by

Penalty fo r virtue of any transaction made in con travention

c o n tra v e n -o f section 20 above, and as a penalty for such

ti o n o f Sec-transaction the rights and interests of the transfer

tl o n 20. o r [ j] n s u c [jj ] e x c e [ss land purported to be transferred ]

by such transaction to the transferee shall be

deemed to have been transferre d to the Government;
and the transferee, his assignee or any other person
in occupation of the land on his behalf or through
him shall be liable to be ejected in the manner

prescribed by the Collector or any other officar

authorise d in this behalf.:


-----

Provided that nothing in this section shall

effect the liability, if any, of the transferee for

payment of consideration of such transaction:

Provided further that no suit or proceeding by

the transferee shall lie in any court for recovery

of the consideration for any such transaction.

**Ceiling on** 22.(1) If, after the commencement of this Act,

**future** acqui-any person **[* **]4** as owner or tenant, acquires by

**sition** **by** inheritance or by bequest or gift from a person whom

**inh eritance,** **j** **s** **a n** [^gjj. ] a n [y land which, with or without the ]

lands already held by him [***]! exceeds in this aggre­

gate the lim it fixed under section 4 of this Act, then
he shall within the prescribed period submit to the
Collector a return in the manner of section 5 giving
the particulars of all lands and selecting the land he

desires to retain.

(2) If he fails to submit the return and select

his lands within the prescribed period mentioned in
sub-section (1), then the Collector may obtain the

inform ation and select the lands in the manner of
section 6.

z

(3) The Collector shall then submit a statement

to the Government in the m anner of section 7.

The State Government shall then in the manner

laid down in section 8 of this Act, acquire the excess
land, and thereupon the provisions of sections 9. 10,

11, 12, 13, 14, 15, 16, 17 and 18 shall apply _mutatis_

_mutandis._

CHAPTER VI

Ceiling for resumption of lands from tenants for

personal cultivation by the land-lord

**Ceiling for** **23.** Notwithstanding anything to the contrary in any

**o?land from la w ,** usage or agreement, no landlord shall be entitled
**tenant! for** to terminate the tenancy of any person on the ground
**personal** for hi s requiring the land for his personal cultivation

**by tbeVand-** **_[e x c e]_** **_P[t][ u a]_** der the following circumstances, namely :—

[(a) if the aggregate area of lands in actual occu­

patio n of a ten ant does not exceed 10 bighas,
then he shall not be ejected therefrom ,

until he has been provided with lan d of

equivalent value in the locality :

(b) if the aggregate area of lands in actual occu­

pation of a ten ant exceeds 10 bighas, then the tenant
shall not be ejected from a minimum area of 10 bighas

’' ' ' jj Omitted by Assam Act XXVII of i960. “

2. Substituted by the Assam Act IX of 1975.

3. Substituted by the Assam Act XV II of 1957.
4. Deleted by Assam Act XXVII of 1960


-----

as selected by him (tenant) until he has been provided
with lan d of equivalent value in the locality, but the
land-lord shall be entitled to resume for personal
cultivation any area in excess of these 10 bighas, In
no case however, the aggregate area of lands so

resumed from all his tenants taken together along with
any other land already held under personal cultivation
by the landlord [***]1 on the date of resumption,
shall exceed an overall limit of 50 bighasp:

(c) the right of resumption shall be exercisable by

only those landlords whose income by cultivation of
land is the principal source of income for their main­
tenance ;

Provided that no tenancy of a tenant, who has

acquired the righ t of occupancy under any law for the
time being in force shall be terminated except under
the provisions of that law :

(Provided further that if the landlo rd is a minor,

or a widow or a person subject to any physical or
mental disability, or a m ember of the Military, Naval
or Air Forces o f the Union, then it shall n ot be obli­
gatory on him to leave a minimum area w ith the ten.
nant under the provisions of clause (a) or (b) above; ]i

No ejection 24. No tena nt shall, after the expiry of a period

after the ex- of 5 years from the commencement of this Act, be
years 5 epct'xl on the ground th at the landlo rd requires the
land for his personal cultivation under the provision

of section 23 above:

Provided that if the land-lord is (a) a m inor or (b)

a widow, or (c) a person subject to any physical or

mental disability, or (d) a mem ber of the Military

Naval or Air Forces of the Union, then the said
period of 5 years shall commence (a) on attain me nt of
majority by the minor under the Indian Majority Act
(Act I X of 1875) o r (b) on rem arriag e by the widow or
(c) on cessation of the disability of the land-lo rd or
(d) on discharge or retirem ent of the lan d-lord from

the services of the Military, Naval or Air Forces of
the Union.

Restoration 25.(1) If a lan dlord who has ejected at enant from

of possession [a] ny lan d-lord on the ground of his requiring such land

to ten ants in for his personal cultivation, fails to cultivate the land

cctam cir- personally within one year or sublets it to other

cu.nstancei. w it jji n t w o [ y]e a r s [ f]r o [m the date of his taking over pos­]

session, then the ejected ten ant shall be entitled to
retsoration of possession in the manner prescribed.

1. Added by the Assam Act Vo. XV II of 1957.

3. Substitucd by the Assam Act IX of 1975.


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##### (2) Notwithstanding anything to the contrary in
 any law or agreement, any tenant who has been eje ted within two years next before the 12th day of Novem- ber, 1955 on the ground of the land-lord requiring the land for his personal cultivation, but who would not have been liable to be so ejected, had the provi­ sions of the sub-section (1) above been in force at that time, shall be entitled to restoration of posses­ sion as if the provisions aforementioned were then in force.

Ejected te- 26.(1) Notwithstanding anything to the contrary

ceive [t]°om- *n a n ^ ' a w o r c o n t r a c t> [a] tenant who is ejected

pensation for under the provisions of section 23 of this Act,
improvement shall be entitled to receive compensation for any
done by him. improvement made by him on the land from which

##### he has been ejected.

 (2) In determining compensation, the following
 matters shall betaken into consideration, namely: —

 (a) the enhancement of the value of the land
 due to the improvement,

 (b) probable duration of the effect of /the
 improvement,

 (c) labour and capital spent by the tenant on

_a_

##### the improvement,

 (d) any advantage allowed to the tenant by
 the landlord in consideration of the improve­ ment.

Land lord 27.(1) A landlord who wants to resume any

area for re- l[a n (]^ f°[r] P[e r s o n a] l cultivation under section 23 shall

sumption give notice to his tenant to that effect and there-

and tenants upon the tenant shall select the area under his
of lands not OCCUpa tion which he is entitled to retain under
resumption provisions of this Act, and shall inform the

for personal landlord in writing within 30 days of the service

cultivaticn of the notice,

#### fT ^ not liable <0

ejection. The landlord may then, out of the area

##### not so selected by the tenant, choose the area which he is entitled to resume and may terminate the tenancy thereof after giving the tenant not less than 60 day’s notice in writing.

 (3) If no information as required under sub­
 section (1) above is received by the landlord within 45 day’s of the service of the notice, the landlord
 shall be entitled to select, in his discretian, the land for resumption under section 23, and to ter­ minate the tenancy thereof after giving the tenant
 not less than 60 day’s notice in writing.


-----

(4) Notwithstanding anything to the contrary in

any law or contract, no tenant of the land which has
not been selected and dem arcated for resumption
for personal cultivation by the landlord under the
sub-sections above and no tenant of the land which
has been selected for resumption by the landlord
but proceeding for ejection wherefrom has not been
instituted within the period mentioned in section 24
of this Act, shall be ejected except on the grounds
mentioned below and after giving at least 30 day’s
notice in writing'—

(a) that he has done any act which is destruc­

tive or permanently injurious to the land and
failed to rep air the dam age within 90 days of
the service of the notice given by the land­
lord; 01'

**(b)** that he has failed to pay the ren t lawfully due

to the land-lord within 90 days of its becoming
due; or

(c) that he has kept the lan d fallow for two conse­

cutive years without any reasonable ground.

CH APTER VII

ESTABLISHMENT OF A LAND REFORMS

BOARD

No tification 28.(1) The State Government may, by notification

for establish-jn t [j]i e [official Gazette, establish a Land Reforms ]

Land” * Board for the State of Assam.

Re form

Bo ard. [(2) The Board shall consist of six members,

namely,—

**(a)** two non-official members nominated **by the**

State Government,

(b) three officers of the State Government,

name ly:—

**(1) the Commissioner of Plains Division,**

(ii) the Secretary to the Government of Assam

in the Revenue Department,

(iii) the land Reforms Officer who shall also

be the Secretary to the Board.

(g) a Chairman nominated by the State **Govern­**

ment.]!

“ 1. Subtituetd by the Assam Act. No. XX of 1262.


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(3) The members of the Board shall hold office

for a period of three years from the date of

notification mentioned in sub-section (1):

_■<»_ _' '_

Provided that the State Government may extend

the period by one year by a notification in the official
Gazette.

Board duty ° f B o ard —

(1) to advised the State Government in :

**(a )** carrying out the provisions of this Act,

(b) formulating policies in matters relating to

land reforms,

**(c)** formulating schemes of co-operative settle­

ment of land and of co-operative framing
societies,

(2) to evaluate from time to time the progress

and effect of land reforms, and

(3) to perform such oth er functions as may be

prescribed.

**Rules of** 30. The Board may fram e its own rules of pro-

**Procedure.** cedure consistent with the provisions of his Act

and the Rules made thereunder, and hotd such

enquiries as deemed necessary for the pro per dis­
charge of its functions.

CHAPTER VIII

**M isce lla ne ou s**

Appeal* 31. (1) Any person aggrieved by any ord er under

section 12 or 13 may, within 30 days of the order,

prefer an appeal to the District Judge.

(2 ) The decision of the District Judge, or the

original ord er when no appeal is preferred, shall

be final.

Bar to 32. Except as otherwise expressly provided in

Jurisdieties. this Act, no decision or order made in exercise of

any power conferred by or under this Act shall
be called in question in any Court.

**Collector** 33- If the Collector is opposed or impeded in

**may enforce** ^ in g possession of any land under the provision

order. of the Act, he may use or cause to be used such
force as may be j ecesssry to ejeet any person

**from the land.**


-----

34. (1) Whoever contravenes any lawful order passed

under this Act or obstructs any person from lawfully Penalties
taking possession of any land under this Act or m kes
a declaration or statement or furnishes any information -*«»-

which is false and which he has reason to believe

to be false, shall be punishable with imprisonment
which may extend to one year or with fine which
may extend to two thousand rupees or with both.

“(2)2 Any person who fails to submit any return

required to be submitted under sections 5 and 22 shall,
on conviction, be punished with imprisonment which
may extend to one year but which shall not be

less than three months and shall also be liable to
fine which may extend to one thousand rupees.”

**Protection** 35. No suit or proceeding o r other legal proceedings

**of action** shall lie against any person for anything which is
1akeo in in good faith done or intended to be done in pur-

**goo** **ait .** s u a n c e o [f any of the provisions of this Act, or]
any order made thereunder.

**Delegation** **36. yh:.-** State Government may, by notification,

**o** **powers.** **j e j** **e g a t e** **a n** **[y ]** o [ffi]c e r ! [ or authority subordinate to it ]

any of the powers conferred on it by the Act except
the powers under section 8, 28 and 40, to be exercised
subject to any restrictions and conditions as may
be specified in the said notification.

**Powers to** 37. Subject to any conditions or restrictions that
**order pro­** may be prescribed, the Collector may, for the pu r­
**duction of** pose of this Act, require any person to produce
**documents** any document, paper or register which is in his
**etc.,**

possession or under his control, or to furnish any
information which is he may think necessary for the
pro per discharge of any duties under the provisions

of this Act.

**Officer hold-** 38. Any officer or authority holding an enquiry Act v **of**

**mg** **en-** o r [ hearing an appeal under this Act shall have the ] 1<08

hatTpower? powers of a Civil Court under the Code of Civil

**of** Civil Procedure, 1908, in respect of —

**Courts for**
**enforcing**
**attendance,**

(a) enforcing attendan ce of any person and

his examination on oath,

(b) compelling production of documents,

and

(c) issue of commission.

2. Substituted by the Assam Act IX of 1975


-----

Mode of 39. Any sum payable to the Government under

Recovery of the provisions of this Act may be realised as an
any amount
under the arrear of land revenue.

Power to 40. (1) The State Government may. by notification

make rules ofiicial 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 all or any of the following matters,

namely : —

(a) the maimer in which any notice or

order under this Act may be served or published;

(b) the manner in which the Collector shall

exercise any of the powers under this A c t;

(c) the procedure and fees regarding appeal

revision or any other petition under this Act

(d) the period within and the form in which

the return has to be submitted under section 5;

(e) the agency through which the inform a­

tion is to be collected under section 6 ;

(f) the manner in which a copy of' the

draft statem ent shall be served on the person or
persons concernd under sub-section (2) of section 7;

(g) the manner in which the notice is to be

served under section 10;

(h) the period within which the tenant shall

exercise option under section 16 for settlement of
land with him ;

(i) the period within which the owner shall

remove building, structure or crop under section

12 or 29;

(j) the period within which the return should

be submitted under section 22;

[“41 (1) The Assam Fixation of Ceiling on

Land Holdings (Amendment) Act, 1972, is herebn
repealed.


-----

**• avings.** given, order made, anything done, any action taken
or any proceedings commenced under any of the
provisions of the Act so repealed and in force

immediately before such repeal shall continue in

force and shall be deemed to have been given,

made, done, taken or commenced under the corres­
ponding provisions of this Act ”]l

**Power to** [“42. If any difficulty arises in giving effect to

**remove diffl-** any provision of the Assam Fixation of CeiliDg

**cultiea** o n [ Land Holdings Act, 1956, the State Government ]
may, as occasion requires, take any action net

inconsistent with the provisions of the Ac t which

may appear to them necessary for the purpose

of removing the difficulty .”]2

1. Inserte d by ihe Assam Act IX of 1975

2. Inserte d by the Assam Act IX cf 1975

**AGP.—730/7$** (Law .)—4,000—4-6-76.


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