LexThe Assam Consolidation of Holding Act, 1961 (Single Document)
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Open in Lexace · Ask the AI about this actASSAM ACT NO. XIX OF 1961
THE ASSAM CONSOLIDATION OF HOLDINGS ACT, 1960
[Received the assent of the President on the 25th June 1961]
AN
ACT
to provide for consolidation and prevention of fragmentation of
agricultural holdings.
Preamble. Whereas it is expendient to provide for consolidation and
prevention of fragmentation of agricultural holdings for better
cultivation thereof ;
It is hereby enacted in the Eleventh Year of the Republic of
India as follows: -
CHAPTER I
Preliminary
Short title,
extent and
commencement.
1. (1) This Act may be called the Assam Consolidation of
Holdings Act, 1960.
(2) It extends to the Districts of Lakhimpur, Sibsagar,
Nowgong, Darrang, Kamrup, Goalpara and Cachar in the
State of Assam.
(3) It shall come into force on such date and in respect of such
area as the State Government may, by notification, in the
official Gazette, appoint.
Definitions. 2. In this Act, unless there is anything repugnant in the subject or
context,-
(a) “Agricultural” includes horticulture;
(b) “Consolidation” means amalgamation, where necessary, by
exchange or redistribution of plots of land so as to make the
holding or holdings more compact ;
2
(c) “Consolidation Officer” means an officer appointed as such
under Section 3 by the State Government and includes any
person authorised by the State Government to perform all
or any of the function of the Consolidation Officer under
this Act;
(d) “Holding” means the land or lands held in a village by an
owner and treated as a unit for assessment;
(e) “Land” means land which is or may be used for ordinary
agricultural purposes or purposes subservient thereto and
includes the sites of buildings on such land;
(f) “Owner” means a proprietor, land-holder or settlement
holder as defined in Section 3 of the Assam Land and
Revenue Regulation, 1886 and includes, in the areas
acquired by the State under the State Acquisition of
Zamindaries Act, 1951, a tenant holding land directly under
the State Government ;
(g) “Plot” means a plot of land representing one survey number
or dag in the record-of-rights, and where there is no such
record, each separate piece of land included in a holding ;
(h) “Prescribed” means prescribed by rules made under this
Act ;
(i) “Scheme” means a scheme of consolidation of holdings
prepared under the provisions of this Act ;
(j) Settlement Officer will have the same meaning as assigned
to it in the Assam Land and Revenue Regulation, 1886 and
includes any person authorised by the State Government to
perform any function under this Act.
Regulation
I of 1886.
Assam Act
XVIII of
1951.
Regulation
I of 1886.
CHAPTER II
Scheme of Consolidation
Declaration for
preparation of
a scheme of
consolidation.
3. The State Government may, at any time (a) on the representation
of owners desiring consolidation of lands in any area, or (b) on
its own motion, declare by notification in the official Gazette that
a scheme for consolidation of holdings shall be prepared for the
area specified in the notification and shall appoint a
Consolidation Officer:
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1[* * * * * * *]
Provided
2[**] that the State Government shall have the
power to cancel such notification at any time before enforcement
of such scheme.
Consolidation
Advisory
committee.
4. The State Government may, in the manner prescribed, constitute
a Goan Panchayat or an Anchalik Panchayat established under
the Assam Panchayat Act 1959 as the Consolidation Advisory
Committee in the specified area to advise and assist the
Consolidation Officer in preparing and implementing the scheme
of consolidation.
Assam Act
XXIV of
1959.
Principles to be
followed in
Preparing
scheme.
5. The Consolidation Officer shall prepare the scheme with due
regard to the following principles, namely—
(a) consolidation shall be made, as far as possible by way of
exchange or amalgamation on the owners’ voluntarily
agreeing to it before the consolidation Office:
Provided that the Consolidation Officer shall ensure that
in allotment of consolidated land, every such person gets, as
far as possible, the same area or area of value as the original
area or the value of the original area of such person;
3[* * * * * * *]
4[(aa) setting apart of land, where necessary, for public purposes,
which shall include roads or village paths, play grounds,
schools, burial and cremation grounds, grazing grounds,
village tanks and wells ;]
(b) allotment of a consolidated plot shall be made as far as
Practicable to the owner who holds the largest area in that
plot;
(c) owners belonging to the same family shall, as far as possible,
be allotted adjacent plots;
(d) proximity to owner's permanent homestead or improvement,
if any, made by the owner in the plot, shall be taken into
consideration in alloting plots;
1. Omitted by Assam Act No. XXI of 1966.
2. Omitted by Assam Act No. XXI of 1966.
3. Omitted by Assam Act No. XXI of 1966.
4. Ins. by Assam Act No. XXI of 1966.
4
1[(dd) wherever Co-operative Farming Societies are started the land
pooled into the society shall, as far as practicable, be
consolidated into one or two compact blocks ;]
(e) where the market value of the allotted plots is less than that
of the original plots of an owner, compensation shall be
payable to him for the deficiency; and where the market
value of the allotted plots exceeds that of his original plots,
compensation shall be realisable from him for excess value.
Explanation - In preparation of a Scheme for consolidation of
holdings the dwelling house of an owner with the land on which
it stands, together with any courtyand, compound, attached
garden or orchard, shall not be taken into consideration.
Particulars to
be included in a
Scheme.
6.
2[***] The Consolidation Officer shall include in the Scheme the
following particulars, namely—
(a) a map of the area delineating the villages as it existed
before the Scheme;
(b) another map of the area delineating the villages and
showing each of proposed consolidated plots therein,
3[including the setting apart of land for the purposes
referred to in clause (aa) of section 5,] as it is likely to
emerge after enforcement of the Scheme;
(c) a statement showing—
(i) the names of the owners whose lands are affected by
the Scheme;
(ii) the plot number, area, soil classification (where
available), land revenue and probable market value of
the original as well as of the allotted plots;
4[(iii) the amount of compensation, if any, which in the
opinion of the Consolidation Officer, is payable to or
by a person ;]
(iv) any other particulars considered necessary.
1. Ins. by Assam Act No. XXI of 1966.
2. Omitted by Assam Act No. XXI of 1966.
3. Ins. by Assam Act No. XXI of 1966.
4. Ins. by Assam Act No. XXI of 1966.
5
Survey of the
villages.
7.
For the purpose of preparing the Scheme, the Consolidation
Officer shall have the power to carry out, if necessary, any
survey or re-survey of any land included in the Scheme, and for
that purpose shall exercise the powers of a Survey Officer under
part B of Chapter III of the Assam Land and Revenue
Regulation, 1886.
Regulation
I of 1886.
Publication of
the draft
Scheme.
8.
(1) The Consolidation Officer shall in the manner prescribed
publish the draft Scheme in vernacular in each of the
villages included in the Scheme containing a statement
showing the valuation of plots covered by the Scheme
together with a map of the village containing all the plots
with their valuation and lay one copy each of the map and
the statement prepared under Section 6 open for inspection
in a suitable place in each such village and another copy in
his office.
(2) If any person affected by the Scheme applies for it, the
Consolidation Officer shall furnish him with a statement
showing the plot number, area, soil classification (where
available), land revenue and probable market value of the
original as well as of the allotted plots.
Objections to
the provisions
of the Scheme.
9. Any person affected by draft Scheme may file objection before
the Consolidation Officer within 30days of the publication of the
Scheme in the village. The Consolidation Officer shall enquire
into and hear the objections locally after giving due notice, and
shall pass necessary orders on the objections.
Submission of
the Scheme to
the settlement
officer.
10. The Consolidation Officer shall submit the draft Scheme after
disposal of objections to the Settlement Officer for confirmation.
Appeal from
the order of the
Settlement
Officer.
11.
(1) An appeal from the order of the Settlement Officer, if
preferred within 45 days of such order excluding the period
required for obtaining copies thereof, shall be to the State
Government.
(2) The order of the Settlement Officer where no appeal is
preferred and the order of the State Government where an
appeal is preferred shall be final.
Publication of
approved
scheme in the
village.
12. A vernacular copy of the final Scheme and the date of its
enforcement shall, in the manner prescribed, be published widely
in each village included in the Scheme and on such publication
the Scheme shall be conclusive and binding on all persons.
6
1[Reservation of
land for public
purposes.
12A.
(1) Notwithstanding anything to the contrary in any law for the
time being in force or any custom, or any agreement or
contract, expressed or implied, it shall be lawful for the
Consolidation Officer, in consultation Advisory Committee
constituted under section 4, to do the following, namely:-
(a) to direct that any land specifically reserved for any
public purpose shall cease to be so reserved and to
assign any other land in lieu thereof ;
(b) if in any area for which a scheme is under preparation,
any land is reserved for any public purpose including
extension of village sites, or if the land so reserved is
considered inadequate; to assign any other land for such
purpose and to effect a Proportionate reduction of the
area of all holdings of the village/villages for the benefit
of which such reservation has been made.
(2) Where a proportionate reduction in area in all the holdings
of a village has been effected under sub-section (1), the
State Government shall pay to every person affected
thereby compensation in respect of the land covered by
such reduction at the market value of the land at the date of
the publication of the notification under Section 3.]
CHAPTER III
Enforcement of the Scheme of Consolidation
Issue of
allotment
order.
13. As soon as possible after the Scheme has been published in the
village under Section 12, the Consolidation Officer shall issue to
every owner who has been allotted any land under the Scheme an
allotment order in the prescribed form showing-
(a) the plot number, area, soil classification (where
available), land revenue and probable market value of
the plot or plots constituting his new holding as well as
of the plot or plots constituting his original holding, and
(b) the date of enforcement of the Scheme.
Taking of
possession.
14.
(1) On issue of the allotment order, an owner shall be entitled to
take possession of the new holding allotted to him with
effect from the date of enforcement of the Scheme.
1. Ins. by Assam Act No. XXI of 1966.
7
(2) If there is any standing crop in the new holding on the date
of enforcement, then the person from whom possession has
been transferred shall be given the option to tend, harvest
and gather the said crop. In case of his refusal to exercise the
option, the Consolidation Officer may order the owner of
the new holding to tend, harvest and gather the crop and pay
compensation as fixed by him to the person from whom
possession has been transferred.
Ejectment of
un-authorised
occupant.
15.
The Consolidation Officer shall have the power to eject any
person from a holding which such person is not entitled to
possess under the provisions of the Scheme and to put in
possession the person to whom it is allotted in the manner
prescribed.
Rights and
encumbrances
over new
holding.
16.
(a) With effect from the date of enforcement of the Scheme, the
right, title and interest in the original holding of an owner
shall be extinguished and he shall have the same right, title
and interest in the new holding allotted to him.
(b) Charge, lease, mortgage, right of Adhiar, right of tenant and
other encumbrances, if any, in his old holding shall, as far as
practicable, be transferred and attached to an area of the new
holding which shall, as far as possible, be of the same
market value as the area from which it has been transferred.
Option of an
allottee to get
his new holding
auctioned out.
17.
(1) The owner will be entitled to accept compensation in lieu of
the new plot allotted to him but if he is unwilling to take
possession of the new holding or to accept compensation, he
may apply to the Consolidation Officer to put his new
holding to auction and to pay him the sale proceeds after
deducting the cost of sale.
(2) The Consolidation Officer, after satisfying himself that
allotment order in respect of the holding has been validly
issued to such person, may, in his discretion, accede to the
request for such auction sale under sub-section (1) ; if he
does so, he may after due notice in the village, put the
holding to sale subject to encumbrances transferred to the
new holding under section 16 and pay him the proceeds
thereof after deduction of the cost of sale. But nothing in
this Section shall entitle such person to continue in
possession of his original holding after the date of
enforcement of the Scheme.
8
(3) The auction-purchaser shall have the same rights, titles,
interests and liabilities in the holding as the owner to whom
it was allotted, and he shall be entitled to be put in
possession of the holding in the manner laid down in
Section 15.
CHAPTER IV
Payment of Compensation and Correction of Records
Compensation
for the
difference in
market value of
the new and
original
holding, and
realisation of
cost of
consolidation.
18.
(1) If the market value of a new holding allotted to an owner is
less than that of his original holding or holdings then
compensation for the deficiency in the market value of the
new holding shall be paid to him, subject to adjustment of
encumbrances, if any, by the State Government in one or
more instalments as prescribed.
(2) If the market value of the new holding is greater than that of
the original holding, then compensation for the excess
market value of the new holding shall be realised from the
owner by the State Government in one or more instalments
as prescribed.
(3) Any arrear of compensation payable by an owner shall be
realisable as arrear of land revenue.
(4) The State Government shall have the right to assess and
realise not exceeding 50 percent of the cost of consolidation
from the date of publication of draft Scheme under Section 8
till the delivery of possession to the allottees from the
owners of lands benefited by the consolidation Scheme in
the manner prescribed. The assessment shall be on a bigha
rate basis.
Procedure for
payment or
realisation of
compensation.
19.
(1) After determining the compensation payable to or by an
owner on the principles laid down in clause (e) of Section 5
and section 18,the Consolidation Officer shall inform him of
the amount so determined and shall give him an opportunity
of being heard, and shall after making such modification, if
any, make an award.
(2) Any person interested in the award but not satisfied with it,
or to its apportionment, may apply to the Consolidation
Officer within 30 days of the order excluding the period
required for obtaining copies thereof, to refer the matter to
the Court. The Consolidation Officer shall, on receipt of
such application, refer the matter to the Court.
9
Correction of
record of
rights.
20. On enforcement of the Scheme of consolidation, the Settlement
Officer shall cause the existing record-of-rights of the area
included in the Scheme to be revised according to the provisions
of the Scheme.
CHAPTER V
Prevention of Fragmentation
Prevention of
fragmentation.
21. Notwithstanding anything contained in any law or customs in any
areas where a Scheme of consolidation has come into force-
(1) no land shall, at any time thereafter, be partitioned so as to
create a new plot less than 5 bighas in size ;
(2) no land shall be transferred, leased or mortgaged so as to
create a new plot of less than five bighas in size except to
the owner of a contiguous plot or to the State Government
or a Land Mortgage Bank or any other Co-operative Society
as security for any loan advanced to him by the State
Government or such Bank or Society, as the case may be ;
(3) if in consequence of inheritance there are two or more co-
sharers and each share consists of an area of less than 5
bighas, then unless such sharers agree among themselves to
keep the property in common and make a joint cultivation,
the sharer disagreeing shall surrender his share, and such
sharer shall then get market value of his share as
compensation for the share so surrendered, which shall be
realised from the co-sharers who elect to retain the land.
Any amount realisable as compensations shall be recovered
as arrears of land revenue ;
(4) notwithstanding anything contained in any law for the time
being in force, no Court shall hold any sale so as to create a
new plot of less than 5 bighas in size.
Penalty for
transfer, etc, in
contravention
of the Act.
22.
(1) Any transfer, partition or lease of any land in contravention
of any provisions of this Act, shall be void and the owner
contravening them shall be liable to pay a fine not exceeding
two hundred rupees.
(2) Any person taking possession of such land by virtue of such
transfer, partition or lease shall be liable to be summarily
ejected by the Deputy Commissioner or the Subdivisional
Officer in whose jurisdiction the land is situate.
10
(3) Nothing in this Section shall affect the right of transferee or
the lessee for instituting any proceeding in the proper court
for recovery of any consideration paid by him for such
transaction.
CHAPTER VI
Miscellaneous
Investment of
Power.
23. The State Government may invest any officer not below the rank
of a Subdivisional Officer with all or any of the powers of a
Settlement Officer and any officer not below the rank of a Sub-
Deputy Collector with all or any of the powers of a Consolidation
Officer.
Delegation of
power.
24. The State Government may delegate to any officer or authority
subordinate to it (not below the rank of a Subdivisional Officer)
any of the powers conferred on it except the powers under
Section 3 to be exercised subject to any conditions specified in
the order of delegation.
Power of
officers to enter
upon and
survey.
25. It shall be lawful for the Settlement Officer or the Consolidation
Officer or any person acting under their orders to enter upon,
survey, take levels, erect survey marks, demarcate boundaries
and do all other acts necessary for due discharge of any duty
imposed under the provisions of this Act or the rules made
thereunder.
Power to order
production of
documents.
26. Subject to such conditions or restrictions as may, if any, be
specified by the State Government, the Settlement Officer or the
Consolidation Officer may, for the purposes of this Act, require
any person to produce any document, paper or register which is
in his possession or under his control or to furnish information
which he thinks necessary for the proper discharge of any of the
duties under the provisions of this Act or the rules made
thereunder.
Enquiring
Officers to have
power of civil
Courts for
enforcing
attendance.
27. Any officer or authority holding an enquiry or hearing an appeal
under this Act shall have the powers of a civil court under the
code of Civil Procedure, 1908 in respect of (a) enforcing
attendance and examination on oath, (b) compelling production
of documents and (c) issue of commission.
Act V of
1908.
Enforcement. 28. If the Settlement Officer or Consolidation Officer is obstructed in
any lawful action taken under the provisions of this Act or the
rules thereunder, he may use or cause to be used such reasonable
force as may be necessary in the circumstances.
11
Penalty for
failure to
comply with
lawful order.
29. Whoever contravenes any lawful order passed under the
provisions of this Act or the rules made thereunder, or furnishes
any information which is false and which he has reason to believe
to be false shall be punished with fine which may extend to two
hundred rupees.
Bar to
jurisdiction.
30. Except as otherwise expressly provided in this Act, no decision
or order made in exercise of any power conferred by or under this
Act shall be questioned in any court.
Protection of
action taken
under the Act.
31. No suit or other legal proceedings shall lie against any person for
anything which is in good faith, done or intended to be done, in
pursuance of any of the provisions of this Act or any order made
thereunder.
Mode of
recovery of any
amount.
32. Any sum payable to the State Government under the provisions
of this Act shall be realisable as an arrear of land-revenue.
Power to make
rules.
33.
(1) The State Government may, by notification, 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 manner of constituting the Consolidation Advisory
Committee under Section 4 ;
(b) the manner of publication of the draft Scheme under
sub-section (1) of section 8.
(c) the manner of publication of the Scheme under Section
12 ;
(d) the manner of payment and realisation of compensation
and assessment and realisation of the cost of
consolidation under Section 18 ;
(e) any other matter which has to be, or may be prescribed.
(3) All rules made under this Section shall be laid for not less
than fourteen days before the Assam Legislative Assembly
as soon as possible after they are made, and shall be subject
to such modifications as the Legislative Assembly may
make during the Session in which they are so laid or the
Session immediately following.