The Assam Fixation of Ceiling on Land Holdings (Amendment) Act, 1957
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The 12th November 1957

**N o.LJL.30/57/46** .—The following Act of the Assam Legislative Assembly

which received the assent of the President is hereby published for general
information.

**(R eceived the as se nt of the President on the 8th No vember 1957)**

# ASSAM ACT XVII OF 1957

TH E ASSAM FIXA TION OF CE ILING ON LAND HOLDINGS

(AM ENDMENT) AC T, 1957

(Passed by the Assembly)

[Published in the Assam Gazette, Extraordinary, dated the 13th November

1957 ]

_An_

_Act_

_to amend the Assam Fixation o f Ceiling on Land Holdings Act, 1956,_

**P ream ble .— Whereas it is expedient to amend the Assam Fixation of**

Ceiling on Land Holdings Act, 1956 (Assam Act I of 1957), hereinafter
railed the principal Act in the manner hereinafter appearing ;


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It is hereby enacted in the Eighth Year of the Republic of India as

follows :—

1. **Short title , exten t, commen cemen t.—** (1) This Act may be called

the Assam Fixation of Ceiling on Land Holdings (Am endment) Act, 195y,

(2) It shall have the like extent as the principal Act.
(3) **It shall be deemed to have come into force from the date of com­**

mencement of the principal Act.

**2. Am endm ent** **of** **Section 2** **of Assam Act I of** **1957.—**

(i) Clause (</) of section 2 of the principal Act shall be deleted.

(ii) The existing clause («) of section **2 of the principal Act shall be**

re-num bered as clause _(d) and substituted by the following, namely_

“ (d) Lands utilised by efficiently managed farms on which heavy

investments or p erm anent structural improvements have been made and
whose break up is likely to lead to a fall in pro duction” .

(iii) After clause (d) of section **2,** the following shall be added as new

clause («), namely, —

“ (e) lands held by a sugar factory or a co-operative farming society,

for cultivation of sugarcane for the purpose of such factory."

**3. Am endm ent of Section 3 of Assam Act I o f 1957.—(i) In**

clause _(k) (iii) of section 3 of the_ principal Act, the “comm a”

after the word “village” occurring in the seventh line shall be deleted and
the words “ within a distance of five miles” shall be inserted before the
words “ during the greater pa rt o f the agricultural season.”

(ii) In clause (o)of section 3, the full-3top at the end of the clause shall

be deleted and the following shall be added, namely,—

“and includes a person who cultivates the land of anoth er person

on condition of delivering a share of the. pro duce” .

4. **Amen dm en t of Section** 4 **of Assam Act I of 1957.—** (i) At

the end of sub-section (1) of section 4, the following shall be added as
**a** proviso, namely,—

“ Provided that where the person holds orchard lands, the afore-men­

tioned limit shall be increased by the actual area of the orchard,

subject to a maximum of 30 bighas” ,

(it) The following shall be added as sub-section (2) of section 4 of the

principal Act, na mely:—

“ (2) The Ceiling of a Co-operative farming society shall be the aggre­

gate of the ceilings of its individual members or their families under sub­

operative Society or any m ember of his family shall also be taken into

account for determ ining his ceiling”.

_(Hi) The existing sub-section (2) of section 4 of the principal Act_

shall be re-numbered as sub-section (3) and substituted by the following,
namely:—

“(3) No _benami transfer made after the twelfth day of November, 1955,_

shall be taken into account in determining the lim it upto which the trans

feror shall be entitled to hold lands under sub-section (I) above, and in such

case the limit and the excess land of the transferor shall be determined as

ii the transfer has not taken place .


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5. **Amendment of Section 12 of Assam Act I of 1957.— (?) After**

the clause («) (2), **(at)** of section J2, and before the Explanation thereunder,
a new clause (3) shall be inserted, namely,—

“ (3) Where there is a sub-tenant in the excess land acquired, an amount

equal to 50 per cent of the compensation payable under (1) or **(2)** above to
the tenant under whom he holds shall be paid out of it to the sub-tenant.”

(it) In clause (c) of section 12, after the words “ owner or tenant.”

the words “ or the sub-tenant” shall be inserted.

## 6. Amendment of Section 23 of Assam Act I of 1957.—(i) The

existing clauses (a) and (A) of section 23 shall be substituted by the following,

nam ely,—

“ (a) if the aggregate area of lands in actual occupation of a tenant

does not exceed 10 bighas, then he shall not be ejected therefrom, until he
has been provided with land of equivalent value in the locality ;

(A) if the aggregafe area of lands in actual occupation of a tenant

exceeds 10 bighas, then the tenant shall not be ejected from a minimum

are a of 10 bighas as selected by him (tenant), until he has been provided
with land of equivalent value in the locality, but the landlord shall be
entitled to resume for personal cultivation any area in excess of these

## 10 bighas. In no case, however, the aggregate are a of lands so resumed

from all his tenants taken together, along with any oth er land alread y held
under personal cultivation by the landlord or any member of his family

on the date of resumption, shall exceed an overall limit of 100 b ighas.”

**(tt )** At the end of the existing proviso to section 23, the following

shall be added as a second proviso, namely,—

“Provided further that if the landlord is a m inor, Ora widow, or a

person subject to any physical or mental disability, or a member of the
Military, Naval or Air Forces of the Union, then it shall not be obligatory
on him to leave a minimum area with the ten ant under the provisions

of clause (a) or (A) above.”

P. C. DAS,

for Secy, to the Govt, of Assam, Leg. & Judl. Deptts.


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