2. WHY THIS ACT?
CONSTITUTIONAL EQUALITY IN ECONOMIC
SPHERE PROVIDES TO REDUCE THE GAP
BETWEEN RICH AND POOR. THUS ONE OF THE
MEASURE ADOPTED BY THE GOVERNMENT IS
TO TAKE AWAY EXCESS LAND FROM LARGE
HOLDINGS AND REDISTRIBUTE THEM AMONG
THE LANDLESS AND SMALL LANDHOLDERS.
3. EXTENT AND APPLICABILITY
It shall extend to the Districts of (1) Goalpara (2) Dhubri
(3) Kokrajhar (4) Bongaigaon (5) Barpeta (6) Nalbari (7)
Kamrup (8) Darrang (9) Sonitpur (10) Lakhimpur (11)
Dhemaji (12) Nagaon (13) Morigaon (14) Sibsagar (15)
Jorhat (16) Golaghat (17) Cachar (18) Karimganj (19)
Hailakandi (20) Dibrugarh (21) Tinsukia
it does not apply to lands under Assam Agricultural
Farming Corporation Act 1973, land under special
cultivation of tea and purposes ancillary thereto; mill,
factory, workshop, as the case may be, lands held by a
Co-operative Farming Society for cultivation of
sugarcane, and land vesting in Gram Sabha under the
Assam Gramdan Act, 1961.
4. SOME IMPORTANT DEFINITIONS
U/S 3(d) "family" means a family consisting of any one or more or all of the
following, namely :
(1) husband, (2) wife, (3) minor children, and also includes a joint family.
Explanation. - "Joint family" means a family of which the members are
descendants from a common ancestor and have a common mess, and
shall include wife or husband, as the case may be, but shall exclude
married daughters, married sons and their children :
Provided that a family consisting of father , and/or mother, sons and/or
unmarried daughters holding lands jointly shall be presumed to be joint in
spite of any one or more having a separate mess
U/S 3(f) "land" means land which is or may be utilised for agricultural
purpose or purposes subservient thereto, and includes land which is or
may be utilised for quarrying stones
U/S 3(j) "person" includes an individual, a family, a joint family, a trustee, a
company, a body corporate, a partnership firm, a society or an association
of individuals whether incorporated or not
5. DEFINITIONS CONTINUED
U/S 3(k) "personal cultivation" means cultivation-
(i) by the person himself, or
(ii) by any member of his family, or
(iii) by servants or hired labourers on fixed remuneration payable in cash or in
kind but not in crop share, under personal supervision of the person
himself or any member of his family :
Provided it is accompanied by the bearing of risk of cultivation by the owner
and by residence in village in which the land is situate or in a nearby
village or town within a distance of 8 kms. during the greater part of the
agricultural season :
Provided further that in the case of a person who is a widow or a minor, or is
subject to any physical or mental disability or is a member of the Military,
Naval or Air Force of the Union, or who is a student below the age of
twenty-one years of any educational institution recognised by the State
Government, the land shall be deemed to be under personal cultivation
even in the absence of such personal supervision
6. U/S 4 Ceiling on existing land
(1) Notwithstanding anything to the contrary in any
law, custom or agreement, no person shall be
entitled to hold, as owner , tenant or mortgagee
in possession , land which exceeds the limit of
50 bighas in the aggregate, and this limit of 50
bighas shall be applicable to the aggregate of
lands held individually by the members of a
family or jointly by some or all the members of
such a family
THIS CEILING IS A FAMILY CEILING AND NOT
INDIVIDUAL CEILING
7. THE CEILING OF 50 BIGHAS ON CO-OPERATIVE
AREAS WILL BE TOTAL OF ALL THE CEILING
AREAS OF ALL THE MEMBERS OF SOCIETY
TAKEN TOGETHER INCLUDING THE LAND HELD
BY MEMBER OUTSIDE THE SOCIETY.
IN RESPECT OF TEA GARDEN THIS 50 BIGHAS
CEILING WILL APPLY TO THE LAND UNDER
ACTUAL TEA PLANTS AND 11 POINTS
MENTIONED IN U/S 4(3). APART FROM IT, IF
THE LAND EXCEED IT, THE CEILING CAN BE
APPLIED.
9. U/S 5 Submission of returns by person holding lands
in excess of ceiling
Any person who, on the date of commencement of this
Act, holds as owner or tenant lands which in the
aggregate exceed the limit fixed under Section 4 above,
shall within the prescribed period, submit to the
Collector a return giving the particulars of all his lands
in the prescribed form and stating therein his selection
of plot of lands (not exceeding in the aggregate the
limit fixed under Section 4 above) which he desires to
retain under the provisions of this Act
THE BURDEN OF DECLARING A PERSON’S EXCESS LAND
HAS BEEN LAID ON THE PERSON HIMSELF
10. U/S 6 Collection of information
through other agency
If any person holding lands in excess of limit fixed
under Section 4 above fails to submit the return
and intimate his selection within the prescribed
period as required under Section 5 above, then
the Collector may obtain the information
required to be shown in the return through such
agency as may be prescribed and select the plot
or plots of lands which such person is entitled to
retain under the provisions of this Act as also the
plot or plots which are in excess
11. U/S 7 SUBMISSION OF STATEMENT TO
GOVERNMENT
AFTER DETERMINING EXCESS LAND, THE
COLLECTOR SHALL PREPARE DRAFT
STATEMENT SHOWING THE TOTAL AREA OF
LAND HELD BY SUCH PERSONS, THE SPECIFIC
PLOTS SELECTED FOR RETENTION WITH THEM
AND ALSO THE LAND IS EXCESS OF THE LIMIT
AFTER SUCH SELECTION.
OBJECTION TIME IS 15 DAYS
EX-PARTE AND FINAL ORDER
12. AS SOON AS THE COLLECTOR SIGNS THE FINAL
STATEMENT ALL RIGHTS, TITLE AND INTEREST
OF PERSON CONCERNED IN THE EXCESS LAND
STAND TRANSFERRED TO AND VEST IN THE
STATE GOVERNMENT EVEN THOUGH THERE IS
NO PREVIOUS PUBLICATION OF THE
STATEMENT OR ANY INTIMATION TO THE
PERSON.
IT CANNOT BE QUESTIONED IN ANY COURT OF
LAW.
13. U/S 11A. TAKING POSSESSION IN
ADVANCE
THE COLLECTOR CAN TAKE ADVANCE POSSESSION
EVEN BEFORE STATMENT HAS BEEN MADE. BY
ORDER, POSSESSION OF LAND CAN BE TAKEN OF
WHICH HAS NOT BEEN SELECTED BY THE PERSON
TO RETAIN. THE COLLECTOR CAN HIMSELF SELECT
THE LAND AND NO COURT CAN ENTERTAIN THE
PETITION.
IT MUST ONLY BE TAKEN IN PUBLIC INTEREST OR FOR
PROPER MANAGEMENT.
AN AMOUNT OF TOTAL LAND RATE AND ANNUAL
LAND REVENUE IS TO BE PAID TO THE PERSON.
14. THE ADVANCE POSSESSION LAND MAY BE
UTILISED TEMPORARILY 1 YEAR AT A TIME AND
IT WILL NOT CREATE ANY RIGHT ANY RIGHT IN
FAVOUR OF ANY PERSON
IF THE SURPLUS AREA WAS FOUND TO BE
GREATER THAN REAL EXCESS, THE COLLECTOR
CAN JUST VACATE IT. THE PERSON NOT TO BE
PAID COMPENSATION FOR ERRONEOUS
POSSESSION.
15. PRINCIPLES OF COMPENSATION
• COMPENSATION NEED NOT BE EQUAL TO MARKET
VALUE, BUT NOT ALSO ILLUSORY.
• WHEN LAND IS ACQUIRED FROM AN OWNER, AT FIRST
TOTAL COMPENSATION FOR ALL THE INTEREST ON THE
LAND TAKEN AS A WHOLE IS DTERMINED AND THEN
THIS TOTAL COMPENSATION IS APPORTIONED AMONG
DIFFERENT INTEREST (IT ALSO DEPENDS WHETHER THE
LAND IS FALLOW OR NOT).
*FALLOW LAND IS THAT WHICH HAS NOT BEEN
CULTIVATED FOR 3 CONSECUTIVE YEARS OR WHICH
DOES NOT CONTAIN TREE, BAMBOO OR THATCH
16. • WHERE ONLY THE TENANT INTEREST ARE ACQUIRED,
THE COMPENSATION WILL GO ONLY TO TENANT, AS
OWNER’S INTEREST WONT BE HIT IN SUCH CASES.
OCCUPANCY TENANT + FALLOW= 10 TIMES LAND
REVENUE
IF NOT FALLOW= 35 TIMES
NON OCCUPANCY TENANT + FALLOW= 5 TIMES LAND
REVENUE
IF NOT FALLOW= 30 TIMES
• 50% COMPENSATION TO BE PAID TO SUB TENANT
AFTER TAKING FROM TENANT SHARE
PRINCIPLES CONTINUED
17. • NO COMPENSATION FOR BUILDING OR
STRUCTURE OR CROP. THESE ARE TO BE
REMOVED WITHIN 90 DAYS OR TO BE SOLD IN
PUBLIC AUCTION
• FOR ANY IMPROVEMENT MADE ON LAND, AN
ADDITIONAL AMOUNT IS TO BE PAID.
PRINCIPLES CONTINUED
18. MANNER OF PAYMENT OF
COMPENSATION
TO BE PAID IN CASH WITHIN 5 YEARS OF ACQUISITION IN 1 OR
MORE EQUAL ANNUAL INSTALMENTS
INTEREST ON BALANCE COMPENSATION BECOMES PAYABLE @ 2
AND HALF PERCENT
THE MORTGAGEES OF THE LAND CONCERNED ARE TO BE PAID
BACK THEIR LOANS PROPORTIONATELY OUT OF COMPENSATION
WHERE THE AMOUNT OF CLAIM EXCEEDS THE COMPENSATION
MONEY, THE CREDITORS SHALL BE PAID PROPORTIONATELY IN
ORDER OF PRIORITY DETERMINED BY HIM
PENDING FINAL DETERMINATION OF THE COMPENSATION, AD-
INTERIM COMPENSATION MAY BE PAID UP TO A MAXIMUM OF 25%
OF PROBABLE COMPENSATION, ON EXECUTION OF INDEMNITY
BOND.
20. ACQUISITION OF EXCESS LAND UNDER
ANNUAL LEASE
19. Taking over of excess land which is under annual lease. - (1) If, from the final statement
prepared under Section 7, it appears that any person, either holds any land under an annual
lease granted by the State Government, which, with or without the lands already held by
him, exceeds in the aggregate of the limit fixed under Section 4 of this Act, then
notwithstanding anything to contrary in any law or agreement, the Collector shall, after issue
of three months' notice ending the 31st day of March following, take over the excess land
under annual lease and may eject any person who may be in possession of such land, and
may thereupon dispose of it in the manner of Section 17.
(2) No compensation for the land itself shall be payable for taking it over under sub-section (1)
above.
(3) Where there is any building or structure or crop on the land, the owner thereof shall be given
the option of removing it within the prescribed period, and if he does not do so, then the
building, structure, or crop, as the case may be, shall be sold in public auction, and the sale
proceeds, after deduction of the cost of auction, if any, shall be paid to him.
(4) If there are any fruit-trees on the land then an amount fixed by the Collector after considering
the value, nature, condition and number of such trees shall be payable as compensation
thereof but such amount shall not exceed 25 times the annual land revenue payable for the
land.
21. CEILING ON FUTURE ACQUISITION
U/S 20. Ceiling on future acquisition by transfer, etc. - (1)
Notwithstanding anything to the contrary in any law, usage,
contract or agreement, from and after the commencement
of this Act, no person as owner, tenant or mortgagee in
possession shall acquire or possess by transfer, exchange,
lease, agreement or settlement any land which, with or
without the lands already held by him shall in the aggregate
exceed the limit fixed under Section 4 of this Act.
Explanation. - Transfer does not include-
(i) inheritance; and
(ii) bequest or gift to an heir.
PENALTY TO BE SEVERE U/S 21 AS TRANSFER MEANS
TRANSFER TO GOVERNMENT
22. RESUMPTION OF LAND FROM
TENANTS
IT PROVIDES FOR PROTECTION TO TENANTS OF
LAND WHICH THE OWNER IS ENTITLED TO
RETAIN.
PAGE 184-187
23. Establishment of Land Reforms Board
28. Notification for establishment of Land Reforms Board. - (1) The State
Government may, by notification in the official Gazette, establish a Land
Reforms Board for the State of Assam.
(2) The Board shall consist of six members, namely :
(a) two non-official members nominated by the State Government,
(b) three officers of the State Government, namely :
(i) the Commissioner of Plains Division,
(ii) the Secretary to the Government of Assam in the Revenue Department;
(iii) the Land Reforms Officer who shall also be the Secretary to the Board,
(c) a Chairman nominated by the Government.
(3) The members of the Board shall hold office for a period of three years
from the date of notification mentioned in sub-section (1):
Provided that the State Government may extend the period by one year by a
notification in the official Gazette.
24. 29. Functions of the Board. - It shall be the duty of
the Board-
(1) to advise the State Government in-
(a) carrying out the provisions of this Act,
(b) formulating policies in matters relating to land
reforms,
(c) formulating schemes of co-operative settlement
of land and of co-operative farming societies,
(2) to evaluate from time to time the progress and
effect of land reforms, and
(3) to perform such other functions as may be
prescribed.
25. MISCELLANEOUS
31. Appeals. - (1) Any person aggrieved by any order under
Section 11 or 13 may, within 10 days of the order, prefer an
appeal to the District Judge.
(2) The decisions of the District Judge, or the original order
when no appeal is preferred, shall be final.
32. Bar to jurisdiction. - 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 called
question in any Court.
33. Collector may enforce order. - If the Collector is opposed
or impeded in taking possession of any land under the
provisions of this Act, he may cause to be used force as may
be necessary to eject any person from the land.
