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

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Th e 12th N ovem ber 1957
N o.LJL .30 /57 /46 .—The  following Act of the Assam Legislativ e Assembly 
which received the assent of the President is he reby  published for general 
info rma tion .
(R ec eive d the as se nt of the Pr es iden t on the 8th  No ve mbe r 1957)
ASSAM AC T X V II OF  1957
TH E ASSAM FI XA TI ON OF  CE IL IN G ON  LAN D HO LD INGS 
(AM ENDM ENT) AC T, 195 7
(Passed by the  Assembly)
[Published in the Assam Gazette, Extraord ina ry, dated  the  13th Novem ber 
1957 ]
An
Act
to ame nd the Assam  Fixation o f Ceiling on La nd Holdings Act, 1956,
P rea m b le .—Whereas it is expedient to amend the  Assam Fixa tion of 
Ceiling on Land  Holding s A ct, 1956 (Assam Act I of  1957), here inafter 
railed  the  p rinc ipal Act in the manne r here inafter  a ppearing  ;

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It  is hereby enac ted in the Eig hth  Yea r of the Repub lic of  In dia as 
follows :—
1. Short  ti tle , ex ten t, co m m en ce m en t.—(1) Th is Act may  be called 
the Assam Fixation of Ceiling on Land Holdings (Am endment) Act, 195 y,
(2) It shall have  the like extent as the prin cipal Act.
(3) It shall be deem ed to have come into force from the date of co m­
men cem ent of  the prin cipal Act.
2. Am en dm en t of Section 2 o f Ass am  Act I o f 1957.—
(i) Clause (< /)  of secti on 2 of  the prin cipal Act shall be deleted.
(ii) The existing clause (« ) of section 2 of the  prin cipal Act shall be 
re-num bered as clause (d) and  substituted by the following, namely
“ (d) Lan ds utilised by efficiently mana ged farms on which heavy 
investme nts or p erm anent struct ura l improvements hav e been  made and 
whose brea k up is likely to lead to a fall in pro du cti on ” .
(iii) After clause (d) of section 2, the following shall be added as new 
clause («), nam ely, —
“ (e)  lands  held by a sugar facto ry or a co-o perativ e farming society, 
for cultivation of sugarcane for the purpose of such fac tor y."
3. Am en dm en t o f Secti on  3 o f Assam  Act I o f 1957. —(i) In
clause (k) (iii) of sectio n 3 of the  principa l Act, the  “ comm a”  
after the word “ villag e” occ urring  in the  seventh line shall be deleted and  
the  words “ with in a distance of five miles” shall be inserted before the 
words “ durin g th e gre ate r pa rt o f the agr icu ltural 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, nam ely, —
“a nd  includes a perso n who cultivates the  lan d of anoth er pers on 
on con diti on of deliverin g a sha re of the. pro duce” .
4. Am en dm en t o f Se ction 4 o f Ass am  Ac t I o f 1957. —(i) At
the  end of sub-section  (1) of section 4, the following shall be added  as 
a proviso, nam ely, —
“ Provided t hat  where the person holds orc har d lands, the afo re-me n­
tioned limit shall be increased by the a ctu al are a of the  o rch ard , 
subje ct to a max imu m of 30 bigh as” ,
(it) Th e following shall be add ed as s ub-section (2) of section 4 of the 
principa l Act, na m el y:—
“ (2) Th e Ceiling of a Co-o perative farming society shall be the  agg re­
gate of the ceilings of its ind ividua l mem bers or their  families un de r sub ­
ope rati ve Society or any  m ember of his family shall also be taken into  
acc ount for determ ining his ceiling ” .
(H i) Th e existing sub-section (2) of section 4 of  the  princi pal  Act 
shall be re-n umbered as sub-se ction (3) and sub stitute d by the  following, 
na mely :—
“(3) No ben am i transfer made afte r the  twelfth day o f November, 1955, 
shall be take n into accoun t in dete rmi ning the lim it up to which the  trans 
feror shall be ent itle d to hold lands  und er sub-section (I)  above, and in such 
case the  limit an d the excess land of the tran sferor shall be determ ined as 
ii the transfer has not take n place .

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5. Amendment of  Section 12  of  Assam  Act I of  1957.—  (? ) After
the clause («) (2), (a t) of section J2, and  before the Exp lanatio n the reu nder, 
a new clause (3) shall be inserted, nam ely,—
“ (3) Where the re is a  s ub-tenant in the  excess la nd acquired, an am ount 
equ al to 50 p er cent of the com pensation paya ble under (1) or (2) abov e to 
the ten ant under whom he holds shall be pai d out of it to the s ub-te nant.”
(it) In  clause (c)  of section 12, after the words “ owner or tena nt.” 
the words “ or the sub-t enant” shall be inse rted .
6. Amendm ent of Section 23 of  Assam Act I of 1957.— (i) The
existing clauses (a) and (A ) of section 23 sha ll b e s ubstitu ted by t he  following, 
nam ely ,—
“ (a) if the agg rega te area of land s in actual occupat ion of a  ten ant 
does not exceed 10 big has, then he shall not b e ejected therefrom, until he 
has been provide d wit h lan d of eq uivalen t v alue in the locality ;
(A ) if the aggregafe are a of land s in act ual  occupation  of a tena nt 
exceeds 10 bighas, then the ten ant shall no t be ejected from a min imu m 
are a of 10 b ighas as selected by him (tenant) , until he has been  provided 
wit h land of equ ivalent valu e in the locality, bu t the lan dlord shall be 
ent itle d to resum e for personal cultiva tion  any  are a in excess of these 
10  bigh as. In  no case, however, the  agg rega te are a of lands so resum ed 
from all his t ena nts  taken to gether,  alon g with any oth er lan d alread y held  
under personal cul tivatio n by the land lord or any  m em ber  of his family 
on the date of res umptio n, shall exceed an  overall limit o f 100 b igh as.”
(tt ) At the end of the  existin g proviso to section 23, the following 
shall be add ed as a second proviso, nam ely,—
“ Provided furthe r th at  if the  lan dlo rd is a  m inor, O ra  widow, or a  
person subject to any physical or mental disa bili ty, or a member of the
Mi lita ry, Naval or Air Forces of the Unio n, the n it shall not be obligatory  
on him to leave a min imu m area with the  ten an t under  the  provisio ns 
of cla use (a) or (A ) abov e.”
P. C. DAS,
for Secy, to the Govt, of Assam , Leg. & Judl. Deptts.

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