The Assam Fixation of Ceiling on Land Holdings Act, 1956

ASSAM ACT I OF  195 7
TH E ASSAM FIX AT ION OF CEILING  ON  LAND 
HO LD INGS ACT , 1956
(R ec ei ved  th e ass e nt o f th e Prt si den t on  th e 7th  
D ec em ber  1956.)
[ P ubli sh ed  in  th e A ss a m  Gaz ette, da te d th e 16th Ja nu ar y 1957 I  
An
Act
to  impose limits on the  amount of  land th at  may be 
held by a person.
Pream ble. Whereas it is deemed necessary to make
provision for imp osition of limits on the am our .' 
of  lan d that may be held by a person.
It  is hereby enacted  in the  Seven th Year 
of the  Republic of Ind ia as follows : —
CHAPTER I
Sho rt title, 1. (1) This Act may be called the Assam 
exten t and Fix ation  of  Ceiling on Land Hold ings  Act, 195 6. 
colBtnence-
[(2) It  extends to the  districts of Lak- 
him pur , Dibru garh,  Sibsagar, Nowgong, Da rra ng , 
Kamrup, Go alp ara  and Cacha r in the State of 
Assam.]!
(3) It  shall come into force on such 
date as the State Governmen t may by notification 
in the  official [Gazette, app oint.
[“(4) The State Governme nt may, by noti­
fication published in the  official Gazette from 
time to time , exten d the Act to such  other 
area s as may be specified in the  notific atio n. ” ]2
' 2. “ 3[E xce ptio n :—The prov ision s of this Act 
shall no t apply to— (1) lands  held  by State Governmen t 
or by the Union Gover nment or by any local au tho ­
rity or by any Agriculture Farmin g Co rpo ration  
con stit ute d un de r the Assam Agr icultur al Fa r­
ming Co rpo ration  Act, 19 7 3.
1. Su bstituted by A. F. C. L. A. (Annu al Act) 197 5 [No IX of 1975]
2. Ins erted hy Assam Act IX  of 1975.
3 Substitut ed ibid
 
 
(2)  (a) lands  held and utilised for special culti­
vati on of tea and purposes ancillar y the re­
to,
(b) land s held by a mill, a facto ry, 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, fact ory or workshop, such as setting 
up of schools, dispensaries and roa ds, but 
not for any other purpose :
(c) land held by a co-o pera tive farm ing society
for cultiva tion  of sugar-cane  only for the 
purposes of feeding a co-opera tive sugar 
factory:
Provide d that if at any time, such land s cease 
to be utilis ed for the purp oses  men tioned in the 
above said sub-clause, the provisions of this Act shall 
apply;
(3) land vesting in a Gra n Sab ha under the A h u b  Act  
Assam  Gram dan  Act, 1961.] 3 1  2 19 $2 .
3. Definitio n:— In this Act, unless the context 
otherwise requires:
(a) [“agric ultu re” includes horticu lture, arb ori­
culture, pisciculture, piggery, animal hus ­
ban dry pou ltry and oth er allied pur-
pose s” .]2
(b) the words  “ann ual  lease”  has the 
meani g assigned to it in the Settlement 
Rules fram ed und er the Assam Lan d 
and Revenue Reg ulation , 1886 (Regula ­
tion I of 188 6);
(c) “Collec tor” means the Deputy Com mi­
ssioner or any oth er Officer aut hor ised 
by the State Governmen t to perform  
the function of a Col lect or under  this 
A c t;
(d) 3“[“ fam ily” means a family consisting of 
any one or mor e of the follow ing, 
namely : —
(1) hus ban d, (2) wife, (3) min or children  
and also includes a jo int family.] 3
[E xp la na tion—  “Joint family” means a family of 
whic h the mem bers are desc endants from a common 
anc estor and have  a common mess, and  shall
1.  Su bstitu ted  by Assam Act IX  of 1975.
2. Su bstitu ted  by ibid.
Q  do

3
inclu de wife or hus ban d, as the case may be, bi t 
shah exclude married daug hters, ma rrie d sons and 
the ir child ren :
Pro vided th at  a family consisting of fath er, 
and/o r mother, sons an d/or unm arri ed daughte rs 
holding land s joi ntl y shall be presume d to be jo int 
insp ite of havin g a separate mess” ] 1
(e) [* *  *] 2
(f) “ [‘‘lan d” means land which is o r may be 
utilised  for agri cultural  purposes or p; r- 
poses subservient thereto , and  includes 
the  sites of buil ings app urt enant to 
such lan d and also includes land which is 
or  may be utilised for qua rrin g stones ;”]
(g) the words ‘‘land-h olders” has the mean­
ing -as sig ned to it in the Assam Land 
and  Revenue Reg ulation , 1886 (Reg ula­
tion I of 1886) ;
(h) “ lan dlo rd”  means a person immediately 
under whom  a ten ant  holds but does not
include the Governmen t :
(i) “ owner “ includes pro prieto r, lan d-h older or
settlem ent -ho lde r as defined in Section 3 o f 
the Assam Land and Revenue Reg ulation , 
1886  (Regula tion  I of 1886 ), but does not 
include Governme nt :
(j) [“per son ” inclu des an individ ual, a fam ily’a 
joi nt family, a trustee, a company, a body 
corpo rate, a partners hip  farm, a society 
or an asso ciation of individuals whether 
inc orp orated or not ;]f
<k ) “person al cultiv ation ” means cultivation  —
(i) by the pers on himse lf, or
(ii) by any mem ber of  his family, or
(iii) [by servants or hired labourers on h x d  
rem une rati on payable in cash or kind bu t 
not in crop-share, under personal sup er­
vision of the pers on himself or any memb er 
of his family, pro vided it is accompa nied  
by the bearing of risks of  cultiva tion  by 
the owne r and by residence in the village 
in which  the land  is situ ated  or in a nea r­
by village or town within a distance o! 
8 K. M. during  the greater  pa rt of tin 
agri cultural  seas on :
I. Sub stituted by the Assam Act IX  of 1975
Deleted by the Assam Act IX of 1975 
Sub stituted by the Assam Act IX  of 1975 
Substitut ed by the Assam Act IX of 1975 
Subst ituted  by the Assam Act IX  of 1975
 
4
Provide d furt her th at  in the ca.$e  c. f a ,' e rs o n  
■ — ho is a widow or a minor, or .i s subject to any 
physical or mental disability or is a mem ber 
of Milita ry, Naval or Air Forces of th e Union, or 
who is a stu den t, below the  age of twenty one 
year s of any edu cational ins titu tion recognised by 
the  Sta te Gov ernm ent, the land  sha ll be deemed 
to be under  p erso nal cultivation even in the  .absence 
of such personal supervision;] 5
(l)  “Prescribed” means prescribed by rules mad e 
under this Act;
(m) Th e expression “ public pu rpose” include 
a purpose conn ected  wit h settlement ot land 
with  actu al cultivator  or co-o pera tive farm ing 
society;
(n) “ Re nt”  means wha teve r is lawfully payable 
in money or in kind on account o f use and 
occ upa tion  of land;
(o) “ Te na nt” means a pers on who holds land 
und er an oth er person and is, or bu t for a 
special contr act would be, liable to pay 
rent for tha t land to the oth er person and 
includes a person who cultivates the  land 
of anoth er person on con dition of deli' ering 
a sha re of the  produce.]!
CH AP TE R II
Ceiling on existing holding and  acq uisitio n of 
excess land.
Ceiling on 4. (1) [No twithst anding anythin g to the  con-
existin g teary in any law, customs or agreemen t, no person 
bo ldin g sh a u b e  entitled to hold as owne r or ten ant, land  
which exceed the  limit of 50 bigh as in the  aggre­
gate and this limit of 50 bighas shall be app li­
cable to the  aggre gate o? the land s held indi­
vidually by the mem bers  of a family or joint ly by
some or all the  memb ers of such a family;
Provide d th at  where the person hold s ‘orchard 
lands’ the afor e-m entioned limit shall be increased 
by the  actual area of the  orc har d subje ct to a 
maximum  of 4 bigh as over  the  limit of 50bigh as 
men tion ed abo ve.” ]2
ins erted by deleting the  “ fullstop by Assam Act No. XV II of 1957. 
Sub stituted by the Assam Act IX  of 1975.
3. Sub stitu ted by the  Assam  Act IX  of  1975.

0
■ *
(2) [No twi thstanding any thin g to the  con trar y 
in any law, custom or aggreem ent, no person shall 
be entitled to hol d as own er or tenant, lands, 
for special cultiva tion  of tea in excess of such 
land as has been  used for special cul tivation of 
tea  and purposes ancillary  thereto  on the day of 
commencement of the Assam  fixation of Ceiling 
on L and Holdings (Amendm ent) Act, 1970 . ” ] 3
Provide d th at the Sta te Governm ent may 
allow more lands  to be held for ancillar y pu r­
poses and for increase in are a under special cul­
tivatio n of te a in accordance with the rules as may 
be prescribed .
Ex pla nat ion —Purpose s ancillary to special cul­
tivation shall mean the following: —
' *  ' ' (i) land used for factory  buildings,
(ii) lan d used for staff building including
-  lab ou r line,
(iii) land used for roa ds, bridges, and drain s 
with in the tea estate,
(iv) land  used for nurseries includ ing shade  
tree s,
(v) [land used for hospitals, disp ensa ries, 
creches, rec reation  centres and play­
grounds]’l
(vi) land used for religious ins titu tion, 
burial or cremation grou nd.
(vii) land used for any oth er build ing built 
by manageme nt as a sta tutory  r equ ire­
men t und er any law for the time being 
in force,
(viii) land  used for seed bari,
(ix ) lands used as may be need ed for 
rotational plantation to maintain the 
planted areas as on the comm ence­
ment of this Act but not exceedin g 
7J per cent of the planted area,
(x) lands lying within the boundaries of 
the actual planted area excludidg tenan­
ted khet lands,
(xi) land s used for bam boo s bar is hu t 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,

6
[ (3) The  Ceiling of a Co-operativ e Farm ing 
ooeiety shall be the aggre gate of the ceiling of its 
individual members of their families unde r sub- A—  
section (1) above'
Provided th at  lands  held outside the society 
by a mem ber of a Co-operativ e Society or any 
member of his family shall also be take n into 
accoun t for dete rmining  his ceiling. ]3
(4) No bena mi transf er made afte r the twelfth 
day of Nov emb er 1955. shall be taken into accoun t 
in determining  the limit upto which the transfero r 
shall be entitled to hold lands under  Sub-section 
(1)  above and in such case the limit and  the 
excess land  of the transf ero r shall be determined 
as if the transf er has not taken place.] 1
“[ (5) No pers n who holds land in excess of th e Ass am A ct 
limit fixed und er Section 4 shall, on or after the VIII 
comm encem ent of  the Assam  Fixation of Ceiling 7
on  Lan d H ol di ng s (Amendm ent) Act, 1970 ,
tran sfer or partitio n any land until the  land in excess 
of such limit is determin ed and possession take n over 
by the  Co llector und er the Act ’  ] 2
Provided th at  fcr special reason to be  reco rded  
in writing, the  Collector may perm it transf er 
or pa rtitio n of the  land or any po rt on the reo f
Ex plan ati on—In this section th  -  expression 
transf er shall have the same meaning as defined 
in section  5 of the Transfe r of Pro perty  Act 
(Centra l Act IV of 1882) and  “p ar tit io n” means 
any division of land by act of parties  made inter 
vivos.
(6) If  any person,
tra nsfer s or partitio ns in con traven tion of th« 
provision of  Sub- section (5), or
[Transfers or pa rtitio ns any lan d after the first 
day of Apr il,  1970, i,e., the day on whic h this 
Amending Bill was intr odu ced  in the  Assam 
Legislative Assembly; bu t before the  com mence­
men t of the Assam Fixatio n of Ceiling on Land 
Hold ings (Amendm ent) Act, 1970]*l in anticip atio n of, 
or in ord er to avoid  or defeat the objects of 
the  Assam Fixation of Ceiling on Land Hold ings 
(Am endment) Act, 1970,]* then the area so tran sferred 
or partitio ned shall be taken into acc ount 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 19 57
 
7
calc ulating the area which th at pers on is entitled 
to hold , and lan d exceeding the  area so calc ulated 
shall be deemed to be in excess of the  limit fixed 
und er sectio n 4 no tw ithsta nding  th at  th e' land  
remaining with  him may no t, in fact, be in excess 
of such limit.
If  by reason of such transf er or pa rti tio n th e 
hold ing of th at person is less than  the are a so 
cal culated to be in excess of such limit, then all 
his land  shall be deemed to be surplu s lan d; 
and ou t of the  land  so transferred or pa rtitio ned 
and  in possession of this transf err ed land  to the 
ext ent  of  such deficiency shall subject to rules 
mad e in th at behal f also be deemed to be surplus 
land not withs tan din g th at  the holding of  the 
tran sfered  may not, in fact, be in excess of the 
lim it fixed und er section 4.
All tra nsfer s and pa rtitio ns made aft er the  first 
day of Ap ril,  197 0, t. e., the day on which this 
am endin g Bill was intr odu ced  in the Assam Legisla­
tive Assembly , but before the commenceme nt of  [the 
Assam  Fixa tio n of Ceiling on La nd  Hol dings(Am end - 
ment) Act 1970) Act, shall be deem ed, unless the 
con trary is pro ved , to have been made in ant icip atio n 
of, or in order to avoid or  defeat the objects of the 
Assam Fixation of Ceiling on Land Hol dings 
(Amendm ent) Act, 1970.]*1
tabmiuion 5. Any person who, on the date of comm encement 
of  return of this Act, [* * *[ holds as owne r or ten an t lands 
h ur w h’c h ’ n  the aggre gate, exceed the limit fixed u nder
in eic eij rf s e c t ' o n  4 above, shall within the pres cribed peri od, 
the  ceiling, subm it to the Collector a ret urn giving the pa rti­
culars of all his lands  in the pres crib ed form  and 
stating therein  his selection of plo t or plots  of la nd (n ot 
exceeding in the agg regate the limit fixed under 
section 4 above) which  he desires to ret ain  under
the  provision of this Act.
Collection if  a n y person holding land s in excess o f the
u'on throvxh under section 4 above fails to sub mit
othe r »ge n- th e return  and intimate  his Selection within the pres­
ay. cribed period as required under  section 5 above,
then the Colle ctor may obtain the  inform atio n re­
qui red  to be shown in tire return  thro ugh  such agency 
as may be prescribed  and select the plo t or plots 
of land which such person is entitled to retain 
und er the provisions of thi s Act as also the plot
or plo ts which are in excess.
7. On the basis of the info rma tion  given in the 
Su bm usi on r e t u r n s  under sectio n 5 above which shall be duly 
to ^Govern- v c r 'fit:d thr ough such agency as m ay be decided by 
merit. the  Governme nt or the info rma tion  obt ain ed by the
Collector under section 6 above, the Collec tor shad
•1 . The word “ this Act”  whenever occurs have been substituted by “ the 
Assam Fixation  of Ceilin g on L and  Holdii g s[Amendment] Act, 1970
*T Inserte d by Assam Act VI II of 19 71  as sub-sections 5 and 6.
I. Deleted by the Assam Act No .XX VII  of 1960
 
8
pre pare a dr af t statem ent  showing among othe r pa r­
ticu lars , the total  area of lands held by such persons,
***2 th e specific plots selected for retention with the m,
and  also the lan d in excess of the limit fixed under
sectio n 4 rem aining after such selection.
(2) The draft stat em en t's ha ll be published in 
the offices of the Dep uty Comm issioner, the Sub- 
divisio nal Officer, the  Circle Sub -Deputy Collector 
and the Ma uza dar, and a copy the reo f shall be 
serv ed on the  pers on or per son s conc erned in the 
manner prescribed. Any objection received within 
30 days of  the service shall be duly considered by 
the Col lector an d after giving the objector an opp ­
ortunity for hea ring  ord er shall be passed on these c 
objections.
[Provided th at where the Collector  in his final 
ord er thereon holds th at  th ere  is no excess lan d for 
acqu isition, he shall subm it all connected records 
to the Go ver nment for ap pro val].j
(3) Any perso n aggrieved by an ord er of the •
Collector under the  foregoing sub-section, may, within 
30 days of the order, pre fer an appea l to the 
Sta te Gover nment.
(4) Without prejudic e to any action under sub ­
section (3) above, the Sta te Gov ernm ent may of its
own motion call for any record rela ting  to the d ra ft -»i
statem ent  at any time within [two years]*2 of the order 
of Colle ctor under  sub-section  (2) above, and  after 
giving the person or person s concerned an opportu- ,
nity for hea ring  pass such ord ers  as deemed fit. .
(5) Any ord er of the Sta te Governme nt under 
sub-section (3) o r (4) abov e or of the Collector when 
no appea l is preferred un de r sub-section (3) or revi ­
sion made under sub-section (4) shall be final.
(6) The dra ft stat ement shall then be mad e final
in term s of the  final ord er of the  Col lect or or the  '
Statem ent or  the Sta te Governme nt as the case may 
be and repu blished in the offices me ntio ned  in sub- 
section  (2) and  no perso n shall then be ent itle d to 
que stio n it in any cou rt of law.
(?) Subject to the provision of section 19,  the .  
fina l stat ement shall the n be subm itted  to the Sta te 
Gov ern ment witho ut the least possible delay.
A cq u itir io n  g. The Sta te Gover nment shall acqu ire  such 
'aud» 'Tv e x c e f S lands by publishing  in the official Gaz ette a 
ttK  State notification to the effect th at  such lands are require d
Go vernm ent. for a public purpos e and such publication shall be 
conclusive evidence of the notice of acquisition  to 
the  person or persons hold ing such lands.
2. Deleted by ibid
*2 Substituted by Assam Act V III of 19 71

9
Vesting of 9. On pub lication  o f the notification und er section 
Lands m tbe g above, all r ights, title and interests of such per son  
or  persons in such excess lands shall stan d transferred 
to the  Sta te Gov ern ment with  effect from  the  date of 
pub lica tion  of t he notification free from  encu mbrance s
<  cre ated by such person  or persons.
Service ef  10.  As soo n as may  be after the pub lica tion  
notification of the notificatio n und er section 8 above the  Coll ector 
sha ll cause a copy of the  notification to be serve d 
in the ma nner pre scr ibe d on perso n o r persons
hol ding such excess lands .
Tak ing pos­
session.
11.  [The Collector may at any time aft er the  lands 
are tra ns fe rre d to the Sta te Gover nm ent  under 
sectio n 9 pro ceed to take possession thereof and may, 
for th at  purp ose, use such force as may b e necessary.
Ta kin g poss e- “ 11 A . Notwithstanding  anything con tained  
advance * n  ^ c t  o r  * n  a n y  o t her law for the time
z „ being in force:—
(1) When  it app ears from  a ret urn sub mit ted 
by a person  under Sectio n 5 or 22 of  this Act 
th at ther e is any lan d in excess of  the  ceiling 
limit the Collector may, by an ord er in writing, 
take possessio n of  such excess land s. In doing
,  so the Collector shall take possession of that land
which has no t been selected to be retain ed and  
in case when no such selection has been ind ica ted  
in the ret urn the Collector shall him self select 
the lan ds to be tak en possession of.
(2) When it appears  from  a return  submitted 
by a p erson under Sectio n 5 or 22, th at  the p ar ti­
cula rs show n therein are no t correct an d the 
Col lect or finds from inform ation receiv ed by him 
th at  the re are lan ds in excess of the ceiling limit 
the Collector may, by an ord er in writing , tak e 
over possessio n of such excess lan ds.  While 
doing  so the  Col lect or shall himself select the
<-•« lands to be taken possession of.
(3 ) When no return has been  sub mit ted under
this Act by any person  in resp ect of his lands 
bu t the  Collector finds from  inform ation receiv ed 
by him th at  the person  hold s lan ds in excess 
of the ceiling lim it, the Collector may , at  any 
time , by an order in writing, tak e over possessio n 
of such excess land s. While doing so the Colle­
ctor shall himself select the  lan ds to be taken 
possessio n of. _________
1. Sub stitu ted by Assam A ct, IX  o f 1975.

10
(4) When the Collector has passe d an order  
under sub-section (2) of section 7 showing therein  
any lan d to be in excess of the ceiling limit 
applicable to the person concerned he shall by an 
ord er in writing take  possessio n of such excess
land . * 3
(5) No ord er for taking possession shall be 
pas sed under  any of the previous sub-sections 
unless it app ears to the Collector to be necessary 
to do so in public interest or for securing pro per 
man age ment of the land s in question.] 1
(6) [When possession is take n of any lan d und er 
any of the precedin g sub-sections, the person 
whose land s are taken possession of sha ll be 
paid for each yea r of such possession an am ount 
equ al to the ann ual lan d revenue an d local rate 
payable for such land .
(7) Whe re the  excess land  of any pers on deter­
mined finally under  Section 7 is found to be less 
than the  lan d of th at person which the Coll ector 
has taken possession of  under this Section, the 
lan d whic h is in excess of the  area so dete rmined 
shall be return ed by the  Collector.
(8) Not withstand ing any thin g in any law for the 
time  being in force, any order passed by a Collector 
under any o f the  preceding sub-se ctions iha ll be 
final and no co urt or any oth er autho rity  shall 
entertain any suit, proceeding  or appeal in respect 
of any such ord er passe d or in respect of  taking 
over and ret urn of possession of land under  any 
of the prec edin g sub-s ections.
(9) For takin g over possession of any land  under 
any of the prec edin g sub-sections, the Collector 
may use such force as may  be necessary.
(10) Any order passed by the  Coll ector for takin g 
over possession of any lan d under  any of the 
precedin g sub-se ctions shall not affect or  prejudice 
in any man ner; the determ ina tion of the  excess 
land und er the  provisions of the Act.
(11) Any lan d of  whic h possession is tak en by 
the Collector may be tempor aril y for a period 
no t exceeding one year at a time dispo sed of or 
utilise d in the spi rit of  the  prov isions of Chapt er 
II I of  this Act. Such tem por ary disposal shall 
no t create any righ t, title and intere st whatsoeve r 
in fav our  o f any perso n.] 1
A
1.  Substituted by Assam Act, IX  of 197 5.

11
Princip le of 12. Where any land acquired under section 8 
com pen sa- o f  ^ c t, ther e shall be paid  compensation  which 
shall be dete rmined by the  Collector or any other 
officer auth orised by the State Governmen t in the 
man ner and in accordance with the prin ciples laid
down below namely : —
(a)(1) Where the person from whom the excess 
land has been acq uire d held it as the owner the ­
reof, the comp ensation (inclusive of the value of 
any tena ncy right)  shall b e: —
(i) in case of fallow land an amo unt equal
to 25 times the  full rate  of annu al 
land-revenue pay able  for such lan d, and
(ii) in case of othe r land , inclusive of  the 
value of tree s, an am ount equa l to 50 
times such ann ual  land-revenue:
Pro vided th at if the lan d is und er occupation  
of a ten ant, then  the com pensati on shall be 
app ortion ed between the owne r and the tenant , 
and the sha re of the owner shall be, if the ten ant 
has acq uire d occu pancy righ t, 15  times, and in 
other cases 20 times such ann ual land revenue.
(2) Where the person from  whom the excess 
land has been acq uired 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 rat e of  ann ual land-reve nue pay ­
able  for the lan d when the land  is fallow , 
and 35 times such ann ual  land-revenue in 
all oth er ca se s;
(ii) If  he is no t an occupancy ten ant  
5 times such annual land-reven ue pay­
able for the land when the lan d is 
fallow, and 30 times such annual land 
revenue in all oth er cases.
[(3) Whe re there  is a sub -ten ant in the excess 
lan d acquire d, an amo unt equal to 50 per cent 
of the com pensati on payable  under (1) or (2) above 
to the ten ant und er whom he holds shall be paid  
out of  it to the sub -ten ant. ]}
Ex pla nation—Land which is not cultivated for 
3 consecutive years imm edia tely prec edin g the date 
of acq uisitio n or which does not con tain any tree, 
bam boo or tha tch  shall be regarded as fallow ;
1. Inse rted  by Assam Act. XV II of  1957.

12
Pro vided th at  where the land is revenue free or 
assessed to land-re venue at  a concessional rate or 
where it is no t assessed to land-reve nue under  the 
prov ision s of the Assam Land and Revenue Regul­
atio n, 1886 (R eg ulat ion I of  1886) or of the 
Assam Land Revenue Re-assessment Act, 1936 
( Assam  Act VI II of  1936  ), the  com pensation shall 
be dete rmined on the  basis of annual land-re venue 
assessable und er the  p rovison of the  afore-m enti oned 
Acts on similar, full revenue pay ing lan d situ ated  
nea rest to it
(b) Where there is any build ing or stru cture 
or cro p on the  land the  owner the reo f shall be 
given the option of removing it with in the prescribed 
period an d if he fails to do so within the said 
period, it shall be sold in public auction  and the 
sale proceeds afte r deduction of the  cost of auction, 
if any, shall be pai d to him.
(c) For any improve ment mad e on the land, 
an add itio nal  am ount no t exceeding twice the 
amount of compensation  payable  under clause (a) 
above for  the  land  benefited by such improvement 
shall be pay able  to the owne r or the  tenant [or 
the  su b-tena nt]| as the case may be, at whose 
expense the  improve men t was made. In detem ining  
this am ount, the  following fact ors shall be taken 
into cons ideration, namely:—
(i) enhance men t of  the value o r the  land  
due to the im prov em en t;
(ii) prob able  dur ation of the effect of the 
im pr ov em en t;
(iii) lab our and cap ital spent on the  imp rove­
ment.
13  (a) The  compensatio n may be pai d 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 acq uisi tion  :of compen-  
O il Provide d th at  where the full am ount of com­
pen sation is not paid within six mo nth s of  the 
date of acqu isition, interest at  the rate 2 | per  
cent per ann um shall be pay able on the  unpai d 
bala nce of the  comp ensation.
(b) (i) Where the  lan d acq uired is subject to 
a mortgage or charg e, the  creditors shall be pai d 
out of the com pensation money to the extent of 
the  claim proved before the Collector or any oth er 
officer empowered in this b eh alf :
1.  Inser ted by Assam Act, XV II of  1957.

13
Provide d th at where the amoun t of total cla- 'm 
exceeds the com pensation money, the creditors shall 
be paid pro portio nately in ord er of pri ority  deter­
mined by him.
(ii) The  credito rs whose debts are secured by 
mo rtgage  or charge on the  land  acquired shall, 
within 60 days from  the  date of  notificatio n und er 
section 8, pre fer  claim in writing  before the  Co­
llec tor who shall thereu pon  proceed with  and dis­
pose of the  claim.
(iii) In case of disp ute as to the  person  or 
pers ons who are entitled to be pai d out of  the com ­
pen sation  money, the amount shall be kep t in 
dep osit in a Gov ern ment Tr ea sury and the disp ute 
shall be referred to the Civil Co urt  of competen t 
jurisd iction  and  the  am ount shall the n be paid in 
terms  of final decision of the Court.
Ad -Jnteri m 14.(1) When the person to whom com pensation 
pa ym en t o f is p ayable prays for payments of compensation pending  
com pen sa- investiga tion and final dete rmi nation o f the amoun t o f 
com pen sation an ad-i nter im pay ment or compensation, 
no t exceeding 25 p er cent of  the probable compensa­
tion, may  be mad e aft er a prel iminary  enq uiry on 
the  execution by the claima nt of an indemnity bond
> with one surety.
(2) Such ad- interim com pensation shall be dee- 
,3  med to be pa rt of the  com pen sation pay able un ­
der this Act and  shall be deducted from  and
adj ust ed aga inst it.
CH APTER II I
Dis pos al of excess land
Disposal of 15 - Subject to the provisions of this Act and 
excess land  of this cha pte r in partic ula r the  excess la nd acqu i­
red  under Sectio n 8 of this Act shall be at the
disposal of the Sta te Governm ent.
Th e m arn er 16,(1) If  there is any cultivating  ten ant in 
of disposal of  occupation  of the  land  acq uired from an owner 
ex ce ss  an . t jje n  gj v e n p  settlement of such land
with in a pre scrib ed per iod  on the following con ­
dition s, namely : —
(a) th at  the area of land so sett led, toge ther  
with any othe r land s held by him  or any 
member of his family eith er as ten ant or 
as owner, shall no t exceed in the  aggre­
gate  the limit fixed under section 4 of 
this Act, and
Su bs tit uted  by th e Assa m Act N o. V II I of  1977.

14
(b) tha t he shall pay to the State Governme nt 
in one or more equa l annual instalments 
no t exceed ing-11five an] am ount fixed by it 
bu t no t exceeding the compensation  pay- 
able by the State Go ver nment fo r acqui- 
sion the reo f :
Provided tha t [***]! any amoun t which he is ent i­
tled  to receive as compensation  und er the  pro vi­
sions of this Act, [shall be adju sted] 2 3  4 against 
an equal amoun t which [he] 2 is liable to pay und er 
clause  (b) above.
(2) On  pay ment of the  full amo unt under sub -  
section (1) above, the lan d shall be settled with 
him  wit h the sta tus  of a land -holder  as defined 
in the Assam La nd  and Revenue Regulation, 1886 
(Regula tion  I of 1886), [*** ]£
(3) Wh ere the excess lan d is acqu ired from a  
ten an t as such and  not from the  owner  thereo f, 
the  Sta te Governme nt shall be ent itle d to settle 
it, on such term s as it may  fix, with the  sub­
ten an t, if any, who is in occu pation of such la nd, 
subject to the lim it under section 4, or if there 
be no sub-t enant so entitled , with any per son  co­
ming w ithin the  p urview of [***]4 sub-section (1) of 
section 17  below, with the same sta tus  as was h eld by 
the  ten an t from  whom the lan d has been acqu ired.
Manner of 17  [(1) The  State Gov ern ment or any officer 
Und°Swh ich  c m P °'v e r e d by it in this behalf shall be entitled 
i * no t se tt le dt 0  s c t t 'e  a n y lan d which has no t been disposed 
unde r Sec ti os of under section 16  in the  same ma nner as any 
16 . other lan d which is at  the disposal of the Go ­
ver nment und er section 12  of the Assam Land
an d Revenue Reg ulation , 1886.] 5
do es*01 *th° The State Gov ernmen t or the officer em-
agree to°t akeP o w e r c ^ ' n  t h ’s  beh alf may, for the  purpo se of 
settle. settling any lan d under  sub-section (1) abov e, eject, 
if neces sar y, any  per son  in .un autho ris ed pcss essicr,.
[“ (3) In mak ing settlement und er sub-section 
(1) of  this Section preference shall be given as far 
as prac tica ble to the following cate gories of person 
in the ord er of  na rra tio n stated below: —
(a) Lan dles s culi vator who has  been  ren ­
dered homeless due to flood, erosion or 
earthq uak e.
(b) Landless cult ivat or.
(c) Ag ricultural Far min g Co rporati on  as defi- Ass am  Act
ned in the Assam  Agricultura l Farming  VlUof 
Corpo ration  Act, 1973 . 197 3,
1. Deleted by the Assam Act No. V III of 1971
2. Deleted & added by ibid
3. Words occuring after words “ Regulation 1896'”
4. Deleted by the Assam Act VIII  of 19 71
5. Substituted by ibid

15
Exp lanation—F or the purpos e of this Section 
the expression "Landle ss cu ltiva tor” shall mean a 
person who does not hold any lan d whether as 
owner or as ten ant or as b oth  exceeding 3 b ighas and 
whose only mea ns of livelih ood is cultivation.]6
18. A tena nt .vho is in oc cu pa tio n of  any 
land  ac qu ire d un de r section 8 but who doe s no t 
tak e settle me nt of such la nd in the man ne r des­
crib ed  in sec tion 16  above, sha ll acqu ire  no rig ht, 
title an d i nte rest in such  lan d and  s hall be liab le to  
ejectment, with out pre jud ice  to any  othe r action 
th at  ma y be tak en  un de r the  re le va nt  pro vis ion s 
of  the Assam La nd  an d Re ve nu e Re gulation , 1886 
(Regula tion I of  1886;, or any  oth er law for the  
time  bein g in force.
CH AP TE R IV
f  > Excess land  under ann ual lease
Taking over 19- (1) If,  from the final statem ent  prepared 
cf  exc eu und er section 7, it appears  that any pers on [***] 1 
land which ho ids a n y land  u nde r annual lease granted by the State  
annual" Gover nment, which, with or without the lands 
lea se. alre ady  held by him, [***]i exceeds in the aggregate
.  the limit fixed un de r sectio n 4 of this Act, then no t­
withstand ing any thin g to the  contr ary  in any laws 
or agre eme nt, the Collector shall, aft er issue of 
three mo nth s’ notice ending with the 31st day of 
Ma rch following, take ove r the  excess land under  
annual lease and may eject any pers on who may 
be in possess ion of  such  land, and  may  ther eup on 
dispo se of  it in the manne r of section 17.
(2) No com pensation for the lan d itse lf shall 
be paya ble for  tak ing  it over  und er sub-section (1) 
above.
(3) Where there is any buildin g or s tru ctu re or 
cro p on the  land, the owner the reo f shall be given
O  the  option of remo ving  it with in the  p resc ribe d peio d
and if he does no t do so, then the buildin g, 
structur e, or cro p, as the case may be, shall be sold 
in pub lic auc tion , and the sale proce eds, after de­
du cti on  of the cost of auction, if any, shall be pai d 
to him.
(4) If  the re are  any fru it-tre es,  on the land, 
the n an amo unt fixed by the t Collector after con­
sidering the  value, natur e, con dition and num ber 
of  such trees,  shall be pay able  as com pensation 
thereof, but such am ount shall not exceed 25 times 
the ann ual lan d-reve nue  pay able  for the land.
1. Deleted by Assam Act XXVII of 1960 
6 'Ins erted by the Assam Act IX  o f 197 5

16
CH AP TE R V
Ceiling on future  acquisition
20.(1; Notwith standing  anything to the  contr ary  
C eili ng on j n  a n y j a w >  u s a ge> contract  or agreement, from 
q u ti it ic r.  by  a nd after the commencem ent of this Act, no person 
transfe r, as owner or ten ant shall aqu ire or possess
etc . by transf er, exchange, lease, agreement or  settle­
ment any land which, or withou t the lands alrea dy 
held  by him or  any mem ber of his family, shall 
in the  aggr egate exceed the  limit fixed u nd er section
4 of  this Act.
Explanation.—Tra nsfer does not inclu de (i)
inh eritan ce and;
(ii) bequest or gift  to an heir.
(2) From  and after the commenceme nt of this 
Act, no doc ument evidencing any tra nsactio n for 
acq uisi tion  or possession of any lan d by way of Ac t X V I 
transfer, exchange, lease, agreem ent or settlement o f 
shall be registe red, unless a declara tion  in writing 
and duly verified is made /filed by the transferee 
before  the com petent registering autho rity  under  
the  India n Regis tration Act, 1908, ab ou t the  tpt al 
area  of lan ds held  or possessed by him or any 
mem ber of  his family as owner or tena nt.
Pro vided th at  in case of any tra nsact ion  
which does no t req uire reg istration , the  aforesa id 
dec laration shall be filed befo re the  Col lect or or 
any officer aut horised by him  in this behalf.
(3) No  registering autho rity shall register under  
the In dian  Regis tration Act any doc ument eviden cing 
any tra ns ac tio n if, from  the decla rat ion  m ade  u nde r 
sub-section (2) above, it app ear s th at  the  transa c­
tio n has  been effec ted in con traven tion of  the  
pro vision of sub-section (1).
21. No  righ t, title and intere st shall accru e 
in favour of the  tran sferee in any lan d in excess 
of the  lim it fixed under sec tion 4 of this Act by
Penalty fo r virtue  of any tra nsact ion  mad e in con traventi on 
c o n tra v e n -o f sectio n 20 above, an d as a pen alty  for  such 
ti o n  o f Sec-transaction the righ ts an d interests of the tra nsfer  
tl o n  20. o r  j n  s u c j j  e x c e ss lan d pu rport ed to be transf err ed 
by such transa ction to the  transferee shall be 
deemed to have been tra ns ferre d to the  Governm ent; 
and  the tran sfer ee, his assignee or  any othe r person 
in occ upation  of the lan d on his behalf or thr ough 
him shall be liab le to be ejected in the  manner 
prescribed by the  Collector or any othe r officar
au thorise d in thi s behalf.:
 
17
Pro vid ed th at  nothing in this section shall 
effect the  liab ility , if any, of the  tra nsfer ee for 
pay me nt of  con side ration of such transa ctio n:
Pro vided furthe r that no suit or proc eeding by 
the transf ere e shall lie in any cou rt for recovery 
of the conside ration  for any such tran sac tion.
Ceiling on  22.(1) If, afte r the  commencement of this Act, 
futu re acqui-any person [* * * ]4  as owne r or ten ant , acquires by 
sition  by inh erit anc e or by beq uest or gift from  a pers on whom  
inh erita nc e, j s  a n  ^gjj. a n y lan d which , with  or wit hou t the 
lands already h eld by h im [***]! exceeds in this aggre­
gate the  lim it fixed under section 4 of t his Act, then 
he sha ll within the  pres cribed perio d sub mit to the 
Collector a return in the manner of section 5 giving 
the  partic ula rs of a ll land s and selecting the  land  he
desires to  retain .
(2) If  he fails  to submit  the return  and select 
his lan ds wit hin the  p res crib ed period me ntio ned  in 
sub-sec tion (1), then the  Col lect or may obtain the 
inform ation and select the land s in the ma nn er of 
section 6.
z
(3) The Collector shall then sub mit a statem ent  
to the Governmen t in the  m ann er of section 7.
Th e Sta te Gov ern ment shall then in the manner 
laid down  in section 8 o f this Act, acquire the excess 
lan d, and the reu pon the prov ision s of sections 9. 10, 
11, 12, 13, 14, 15, 16, 17 and 18  shall apply mutatis 
muta ndis.
CHAPT ER VI
Ceiling  for res um ption of lands  from ten ants for 
perso nal cul tivatio n by the lan d-l ord
Ceiling for 2 3 . No twith sta nding  anythin g to the  contr ary  in any 
o?lan d from la w , usage or a gree men t, n o lan dlord shall be entitle d 
tenant! for to terminate the ten anc y of any perso n on the  ground 
personal fo r hi s requiring the  land for his p ers onal cultiva tion  
by tbeVand- e x c e Pt  u a der the  following circu msta nces , nam ely :—
[(a) if the  aggre gate  area  of land s in actu al occu­
pa tio n of a ten an t does no t exceed 10 b ighas, 
then he shall no t be ejec ted the refrom , 
un til he has been  pro vided with lan d of 
equ ivalent value in the  loca lity :
(b) if the aggrega te are a of lan ds in act ual  occu­
pa tio n of  a ten an t exceeds 10 b igha s, then the  tena nt 
shall no t b e ejected fro m a min imu m area  of  10 bighas
’' ' ' jj  Omitted by Assam Act XXVII of i960. “
2. Substituted by the Assam Act IX of 197 5.
3. Substituted by the Assam Act XV II of 1957.
4. Deleted by Assam Act XXVII of 1960

18
as selected by him (ten ant) un til he has been prov ided  
with lan d of  equ ivalent v alue  in the  locality, bu t the 
lan d-l ord  shall be ent itle d to resume for  person al 
cultiva tion  any are a in excess of these 10  bighas, In 
no case however, the aggr egate area  of lands so 
resu med  from  all his ten ants tak en toge ther along with 
any oth er land alread y held und er perso nal  cultiva tion  
by the  lan dlo rd [***]1 on the  date of resu mption, 
shall exceed an ove rall  limit of  50 bighasp:
(c) the  righ t of resu mption  shall be exercisable by 
only tho se landlo rds whose incom e by cul tivatio n of  
lan d is the princ ipal sourc e of  income f or thei r main­
tenance ;
Provide d th at no tena ncy of  a ten ant, who has 
acq uired the  righ t of  occupanc y under any law for the 
time  b eing  in forc e shall be terminat ed except under 
the  prov ision s of  th at  law :
(Prov ided furth er t ha t if the lan dlo rd is a minor, 
or a widow or a perso n subject to any physical or  
mental disability, or a m emb er of the Milita ry, Naval 
or Air Forces o f th e Uni on, then  it shall n ot be obli ­
gator y on him to leave a min imum area  w ith th e ten. 
na nt under the  provis ions  of  clause (a) or (b) above; ]i
No eje ction 24. No tena nt  sh all, afte r the expiry of a perio d 
af te r the  ex- of 5 years from  the commen cement of  this Act, be 
years  5  epct'xl on the gro und th at  the lan dlo rd requires the 
lan d fo r his perso nal  c ultivation  u nd er the provision
of  sect ion 23 above:
Pro vided th at  if the lan d-lor d is (a) a m ino r or (b) 
a widow, or (c) a  person  subject to any physical or 
mental disa bility, or (d) a mem ber of the  Milita ry 
Na val or Ai r For ces of the  Uni on, the n the said 
per iod  of  5 y ears  shall comm ence (a) on attain me nt of 
ma jor ity by the mino r under the In dian  Majo rity Act 
(Ac t I X  o f 1875) o r (b) on rem arr iag e by th e widow or
(c) on ces sation of  the  disa bili ty of the  land -lo rd or
(d) on discharg e or retirem en t of  the lan d-lord from 
the services of th e Milit ary , Na val or Air Forces of 
the Union.
Res to ra tion  25.(1) If  a lan dlord who has ejected at  enant f rom  
of possession a ny lan d-lord o n the  g rou nd of his requiring such land  
to ten an ts in  for his per son al cultivation, fails to cultivate the  lan d 
cc tam cir - person ally  with in one yea r or  sublets it  to other 
cu.n stan cei. w it jji n  t w o  y e a r s  f r o m the da te of his tak ing  over po s­
session, the n the  ejecte d ten an t shall be entitle d to
ret sorat ion  of  posses sion in the man ner  p rescribed.
1. Added by the Assam Act Vo. XV II of 1957.
3. Substitucd by the Assam Ac t IX  of  1975.

19
a
fT ^
(2)  Notwithstanding anything to the con trary in 
any law or agreement, any tenant who has been eje ted 
within two years next before the 12th  day of Novem- 
ber, 19 55  on the ground of the land-lord requiring 
the land for his person al 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 whic h
he has been ejec ted.
(2) In determining compensation, the following 
matters shall betak en 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 
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- la n (^  f°r  P e r s o n al 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 OCCUpation which he is entitled to retain under 
resumption provisions of this Act, and shall inform the 
for personal lan dlo rd in writing within 30 days of the serv ice
cultivaticn of the notice, 
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 les s than 60 day’s notice in writing.

20
(4) Notwithstanding  anythin g to the  contrary in 
any law or contr act , no ten ant of  the lan d which has 
no t been  selec ted and  dem arcated for resumptio n 
for  person al cul tivation by the  lan dlo rd under  the 
sub-sections above and no ten ant  of the  land which  
has  been selected for  resum ption by the  lan dlo rd 
bu t proceeding for  ejection wherefro m has  no t been 
ins titute d with in the period men tioned in section 24 
of  this Act, shall be ejected except o n the  g rounds 
mentioned below and af te r giving at least 30 day’s 
notic e in writing'—
(a) th at he has done any act which is d estruc ­
tive or permanently inju rious 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; 0 1 '
(b) th at  h e h as failed to pay the ren t lawfully due 
to the land-l ord  w ithin  90 days o

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