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. 
      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- 
 
 
 
38 of 1980.  
Short title 
and extent. 
1.  
 
(1) This Act may be called the Assam Alienation of Land 
(Regulation) Act, 1980.  
 
(2) It extends to the whole of Assam  
 
Definitions. 2.  
 
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.  
 
 
Act to over 
ride other 
laws, etc. 
3.  
 
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. 
 
 
Restrictions 
on alienation. 
4.  
 
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.  
 
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Withholding 
of sanction. 
5.  
 
(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.  
 
 
Consequences 
of alienation 
in 
contravention 
of section 4. 
6.  
 
(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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Delivery of 
possession of 
land to state 
Government 
and penalty. 
7.  
 
(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.  
 
 
Disposal of 
land vested in 
the state 
Government.  
 
8.  
 
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. 
 
Delegation of 
power. 
9.  
 
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. 
 
 
Indemnity. 10.  
 
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. 
 
 
4 
 
Bar of 
jurisdiction 
of courts. 
11.  
 
No order made under this Act shall be called in question in 
any civil or criminal court. 
 
 
Power to 
make rules. 
12.  
 
(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.  
 
Repeal and 
saving. 
13.  
 
(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.  
 
Assam 
Ordinance II 
of  1980. 
 
 
 
 
 
 
N. SANJIVA REDDY, 
President. 
 
R V. S PERI SASTRI, 
Secy. to the Government of India 

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