LexThe Assam Fixation of Ceiling on Land Holdings (Amendment) Act, 1970
Assam · state statute
Open in Lexace · Ask the AI about this act4S ASSAM AG I V II I OF 1971 TH E ASSAM FI XATI ON OF CE ILIN G ON LAND HO LD IN GS (AM EN DM EN T) AC1, 197 0 (R ec eive d the as se nt o f th e Pr esiden t on the 24th March , 1971) [Published in the Assam Ga zette, Ex traord ina ry, dated the 27th Ma rch , 1971] An Act fu rth er t o am en d the A ss am Fi xa tio n of C eil ing on Lan d Ho ldings Act, 1956 Pream ble. Whe reas it is exp edie nt furth er to am end the Assam Fixation of Ceiling on La nd Holdings Act, j 1956, here inafter calle d the princ ipa l Act, in the ma nner her einafte r ap pea ri ng; It is hereby ena cte d in the Twe nty- first year of the Republic o f In di a as follo ws:— exte nt ^nd 1- (1) Th is Act may be called the Assam Fixa- com me nce - tio n of Ceiling on La nd Holding s (Am endm ent) Act, me nt. 1970. , (2) It shall have the like extent as the pr in cip al Act. Amendm ent of section 2 of Assam Act I of 1957. (3) It shall come into force at once. 2. In section 2 o f the prin cipal Act,— (I) Clause (c)(i) shall be substitu ted by the following, na mel y:— “ (c)( i) land s held and utilised for .special cultiv ation of tea an d purposes ancillary thereto .” (2) in clau se (c) (ii) , the figure and word “ 150 big has” shall be sub stituted by the figure and word “ 75 bigh as” . Amendment of section 3 3. In section 3 o f the p rin cip al Act, in the Expla- of Assam nation occurring under clause (d) , a comma 195 7 1 ° f by the words “ ma rrie d sons” shall be inserted between the words “ dau ghters” an d “ an d” . Amend ment of sec- 4 . In section 4 of the pri ncipa l Act,— tion 4 of ofS19 57 .C t l (1) in sub-section (I) of sectio n 4 of the prin ci- exhti’ Jt5 h0° l! pal Act, the figure “ 150” occurring betw een the din g 46 words “ of” and “Bighas” shall be sub stituted by the figure ‘’75” . (2) after sub-section (1) the following shall be inserted as sub-se ction (2), name ly: — “(2) No twithstanding any thing to the con trary in any law, custom or agreem ent no person shall be entitled to hold as owner or ten ant lands for special cul tivatio n of tea in excess of such lan d as has been used for special cult ivation of tea and purpo ses Ancil lary the reto on the day of commencement of this A ct: Provide d th at the State Governmen t may allow more land s to be held for ancillary purposes a nd for in crea se in are a un de r special cultivation of tea in acco rdan ce with the rules as ma y be prescribed. Explan ation.—Purposes ancillary to special cultiva tion shall mean th e following :— (i) lan d used for factory buildings. (ii) lan d used for staff build ing inc lud ing labour' line. (iii) lan d used for roads, bridges and drains wit hin the tea estate. (iv) land used for nurseries including shade trees. (v) lan d used for hospitals, dispensaries, creches, recrea tion centres and play grounds. (vi) land used for religious ins titu tion, bu ria l or crem ation gr ou nd . (vii) lan d used for any other buildin g bui lt by man age ment as a statutory re quireme nt under any law for the time bein g in force. (viii) land used for seed bari . (ix) lands used as may be needed for rotation al pla nta tion to ma intain the pla nte d area s as on the comm encement of this Act bu t not exceeding 7j pe r cent of the pla nte d are a. 47 (x) land s lying w ith in the boundaries of the act ual pla nte d a reas excluding tenanted kh etla nd s, (xi) lan d used for bamb oos baris bu t not exceeding 50 bighas. (3) the existing sub-section (2) shall be ren um ber ed as sub-section (3). (4) the existin g sub-se ction (3) shall be ren um ber ed as sub-section (4) and the followin g sub-section" shall be add ed as sub-sections (5) and (6), na mel y: — “ (5) No person who holds land in excess of the lim it fixed un der section 4 shall, on or after the com men cem ent o f this Act transfer o r partit ion any land un til the land in excess o f such of lim it is d eter min ed and possession taken over by the Collector under the A ct : Provided tha t for special reason to be recorded in writing, the Collector may perm it transfer or pa rti tion of the land or any portion thereof. Explanation.—In this section the expression transfer shall have the same meaning as defined in section 5 of the Transfer of Propert y Act (C en tra l Act IV of 1882) and “partitio n” means any division of land by act of parties mad e inter vivos . (6) If any person, transfers or partitions in contravention of the provi sion of sub-section (5), or transfers or parti tions any lan d after the first day of April, 1970, t.e., the day on which this ame ndin g Bill was introduced in the Assam Legislative Assembly, bu t before the commenceme nt of this Act, in anticip atio n of, or in ord er to avoid o r defeat the objects of th is A ct, then the are a so tran sferred or par titi oned shall be taken into account in calcu lating the area which th at person is entitled to hold , and land exceeding the area so calculated shall be deemed to be in excess of the limit fixed un der section 4 notw ithstand ing tha t the land rem aining with him may not, in fact, be in exces of such limit. If by reason of such tran sfer o r partition t he hold ing of th at person is less than the area so c alcu late d to be in excess of such lim it, then all his lan d shall be deemed to be surplus lan d ; and out of the land so transferred or par titione d and in possession of his 48 tran sferree land to the extent of such deficiency shall subject to rules ma de in th at beh alf also be deemed to be surplus lan d notwithstan din g th at the h olding of the transferree may not, in fact, be in excess of the lim it fixed un de r section 4. All transfers an d p art ition s made after the first day of April 1970, i.e., the day on which this amending Bill w as introd uced in the Assam Legislative Assembly, bu t before the commencement of this Act, shall be deem ed, unless the con trary is proved, to have been ma de in ant icipation of, or in order to avoid or d efe at he objects of this Ac t.” Amen dmen t 5. I n section 7 of the principal Act,— o f section 7 A ct ^o f ( 0 aft er stjb-section (2), the following proviso sha ll 19 57 . be add ed, na me ly: — a- > ■ “ Pro vided that w here the Collector in his final or de r the reo n holds th at there is no excess lan d for ac qu i sition, he shall sub mit all conn ected records to the Go ver nment for ap pr ov al .” (2) In sub-section (4), for the words “ 60 da ys ” occ urring in betwe en the words “ within” and “ the or de r of the Collector” the words “ two yea rs” shall be s ub stitut ed. Ame ndment g j n s e c ti o n 16 of th'e prin cip al Act,— - of section r 16 o f Aisam Act I of ( i ) j n sub-section (1), the words “ have the optio n 5 ’ of tak ing” occurring between the words “ he shall” and “ settleme nt” be su bs tituted by the words “ be giv en.” (2) In the provis o to sub-se ction (l)( b) , the words “ he shall have the right to ad ju st ” in betw een the words “ th at ” and “a ny am ou nt” shall be dele ted. Instea d the words “shall be adj ust ed” shall be add ed, after the words “ this Act” and also the word “he” in between the word s “wh ich ” and “is liable .” T (3) In sub-se ction (2) the words occ urri ng aft er R CgUia tio n the word s “Assam La nd and Revenue Regulation , I o f 1 86 1886” shall be deleted. (4) In sub-se ction (3), the words “ the sub clauses (a), (b) and (c)” occurring in betw een the words “p urview o f” and “of sub-section (1)” shall be deleted. 49 Amendm ent 7. For sub-section (1) of section 17, the following of sec tion 17 gba ll be s ub stitu te d, na m el y: —of Assam A ct ’ I of 1957. “ (1) Th e Sta te Gover nment or any officer emp owe red by it in this behal f shall be en titled to settle any land which has not been disposed of u nde r sec tion 16 in t he same m arin er as any oth er lan d which is a t the disposal o f the Gover nm ent u nd er sectio n 12 of the Assam La nd and R eve nue Regulation , 1886.” ASSAM AC T IX OF 1971 (R ec eive d^ hc as se nt o f th e Go ver nor on th e 26th Ma rch , 1971) THE ASSAM APPR OPRIATI ON (No.I) ACT, 1971 An Act to pr ov ide for the with dr aw al o f ce rtain fu rthe r su m s fr om an d ou t o f t he Co nsoli dated Fun d o f the Sta te o f Ass am to the Service of th e year en ding on th e th irty-fi rst day of March, 19 71 . Short title. Jt is hereby enac ted in the T wenty-secon d Year of the Re pu blic of In di a as follows :— 1. This Act m ay be ca lled the Assam Appro priation (No.I) Ac t, 1971 . Withdrawal of Rs. 13,99,11,460 from and out of the Conso lidated Fu nd o f the State o f Assam for the financial yea r 1970-71 . Appropna- tion. 2. Fro m and out of the Con solidated Fun d of the Sta te of Assam there may be paid and appli ed sums no t exceeding those specified in column (3) of th e Schedule am oun ting in the aggre gate to the sum of R upees th irte en crores, ninety-nine lakhs, eleven tho usa nd, f our hundred and sixty tow ards defr ayin g the several charges which will come in course o f paym ent durin g th e yea r end- ing on the thirty-first day o f Marc h, 1971 in respect of the services specified in colu mn (2) o f the S chedule. 3. Th e sums, author ised to be pa id «/n d app lied from and out of the Consolidated Fund of the Sta te of Assam by this Act, shall be appro pri a ted for the services and purposes expressed in the S chedule in relation to the yea r ending on the thirty-first day of Marc h, t971.