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) -\ 
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 
Presideni t and publish ed in the Gaze tte of India Extra­
ordinary Part II of Section I, dated 19th July, 1980 is 
republished for general information. 
Name of Act 
The Assam Alienati on of Land 
(Regulation) Act, 1980. 
U. TAHBILDAR, 
Secretary to the Govt. · of As~am, 
Legislative Department. 
No. of Act 
President's Act 
No.1 uf 1980. 
Dat e of assent 
19th July 1980. 
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 •to any land means 
-the transfer of such land by sale, mortgage , lease 
exchange, gift_ will or otherwise; 
(b) "land" includes building br structure s 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 pres­tion. 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 
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 proper, 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 ,_,, 
204 THE ASSAM GAZE'IT E, EXTRAORDINARY, JULY 19, 1980 
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(b) impose on the transferor a penalty which may 
amou ni':; 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 transfere e in respe'1 t of such 
~and, allow ithe transferee such refund . 
(3) The penalt y impo sed under clause (b) of s ub­
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 
Govern n.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 delive r possession thereof Ito the State 
GovernmentJ. 
(2) If any person refuses or fails to comply with the 
provisions of sub-section (1), the Collec t or shall-
(a) if he is a Magistratle enforce ithe deliver y to 
t he Starve Government of th~ possession of the land! 
or pa n ~ of the land in respe ct! of which such refusal' 
has been made or failure has been committved; or 
(b) if he is no t a MagistJrai':e appl y 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 refuse s or unlawfully obs fjructs the de­
livery tb th e State Gov ernment of the poss ession of 
any fand or par t of l and delivery of possess ion where­
of tl9 the Stat e Government has been diredted by the 
Collector hy a n order under cJiause ( a) of sub- sectio n 
(2) of section 6. shall on conviction by a Magist ra t'e, be 
pun ishable w "thout prejudice to any ot her pen alty t o 
which he m ay be liable und er any other law for the 
time being in force with fine which may extiend to 
two thousand rupees . 
Disdposal odr 8 Any land vested in the St'at,e Governmen t und er Ja, veste . ~ . . d" 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 m anner n~ 
may be prescribed, 
. I 
'l~HE - ~SS~~ GAZETTE. EXTRAORDil 'Hi.RY, JULY 19, 1980 285 
Deleg~t1on 
of power. 
9 The Stai';e Government may by notification in the 
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 provis ion 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 Ga zet~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 
nance II of 
1980, saving, Ordinance, 1980, is hereby repealed. 
(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. 
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, 
I' 
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